Agenda 06/22/2004 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 22, 2004
9:00 AM
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR
TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST
BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13
DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE
TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA,
34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Albert Wingate, Unity of Naples Church
2. AGENDA AND MINUTES
A. Request that the BCC declare extraordinary circumstances regarding Commissioner
Coletta's Out of State absence due to an Illness in the family and allowing him to phone in
to participate in portions of today's BCC meeting.
B. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
C. May 17, 2004. BCCICCPC EAR Workshop
D. May 25, 2004 . BCCIRegular Meeting
E. June 9, 2004 . BCCICaribbean Garden Workshop
3. SERVICE AWARDS
A. 20 Year Attendees
1. Dale Stodgel, Transportation Division
4. PROCLAMATIONS
A. Proclamation to designate the week of July 18.24, 2004 as Probation, Parole and
Community Supervision Week. To be accepted by Chuck Rice, Director of
Probation.
B. Proclamation to recognize the Economic Development Council for their continued efforts
to promote the Florida Tradeport as an International center for trade, manufacturing, and
commerce. To be accepted by Tammy Nemech, Executive Director of the Economic
Development Council; Adria Starkey, Chair of the Economic Development Council;
Nicolas Healy, President of Ave Maria; Dr. Richard Pegnetter, Dean of Business at Florida
Gulf Coast University; Dr. Fred Tuttle, Director of the Workforce Program at Lorenzo
Walker Institute; Dr. Jeff Albritten, President of Edison College, Collier County Branch;
Terry McMahon, President of International College; Joe Paterno, Executive Director of
SWF Workforce Development Board, and Fred Glickman, Managing Director of
International Officers, Enterprise Florida, Inc.
C. Proclamation to celebrate July 2004 as Recreation and Parks Month. To be
accepted by Annie Alvarez, Recreation Supervisor and Counselor's In Training.
5. PRESENTATIONS
A. Presentation by Mr. Ron Hamel, Executive Vice President of the Gulf Citrus Growers
Association, in appreciation for County Resolution No. 2003.167, passed by the Board of
County Commissioners on April 22, 2003.
B. Recommendation to recognize Alex Bianco, Senior Equipment Operator, Transportation
Division, as "EmJMoyee of the Month" for June 2004.
C. Florida Association of Counties Presentation. (Jim Mudd, County Manager)
D. Presentation to Collier County for its program "Part< Rangers To Go" In recognition of
an innovative program which contributes to and enhances county government in the
United States.
6. PUBLIC PETITIONS
A. Public Petition request by Mr. Paui Feuer to discuss planting of live oaks in Village Walk.
B. Public Petition Request by Herman Haeger to discuss operational costs imposed by
Collier County Code Enforcement Board.
C. Public Petition Request by Jeff Bluestein to discuss Board of County
Commissioners v. Brian K. Greenling, Case No. CEB 2000-026.
D. Public Petition Request by Randy Fredrickson to discuss SDP Amendment for
Center Point Community Church.
E. Public Petition Request by Samuel J. Durso to discuss sidewalk variance within Carson
Lakes, Phase II, Immokalee.
7. BOARD OF ZONING APPEALS
A. This Item requires that all participants be sworn In and ex parte disclosure be provided by
Commission members. Petition: VA.2001.AR.1706, Mark and Shirley Dowdy represented
by Timothy Hancock, of Talon Management, Inc., requesting a 14.foot after.the.fact
variance from the required 20foot rear yard setback to 6 feet for accessory structures and
a 4.foot after.the.fact variance from the required 25.foot rear yard setback for principal
structures to 21 feet, for property located at 316 Flamingo Avenue, further described as
Lot 12, Block U, Conners Vanderbilt Beach Estates Unit 3, Section 29, Township 48 South,
Range 25 East.
8. ADVERTISED PUBLIC HEARINGS
A. Item to be heard at 1 :00 p.m. Consideration of an ordinance adopting a recodification
and revision of the County's Land Development Code, to become effective on September
27, 2004.
B. Recommendation to adopt an Ordinance amending Collier County Ordinance No. 72.1,
as amended, also cited as Section 122-81 ofthe Collier County Code of Laws and
Ordinances, which created the Collier County Lighting District, to add a reference to the
area described, and to correct a scrivener's error to the legal description for Trade
Center of Naples, Trade Center of Naples Replat of Lots 44 & 45, Industrial Village,
Industrial Village No.2, Kathleen Court, Lot 155 J & C Industrial Park, and J & C
Industrial Park; providing for inclusion in Code of Laws and Ordinances; providing for
conflict and severability; and providing an effective date.
C. Public Hearing to consider adoption of an Ordinance establishing The Quarry
Community Development District (CDD) pursuant to section 190.005, Florida
Statutes (F.S.).
D. PUDZ.2002.AR.3411 Carl M. Nagel, managing partner of CDN Properties LLC, and
Thomas Craig, Craig Construction and Restoration, Inc., represented by Robert J.
Mulhere, AICP, of RWA, Inc, and
R. Bruce Anderson of Roetzel and Andress requesting a rezone from "A" Agricultural to
"PUD" Planned Unit Development for a project to be known as the Nagel-Craig Business
Park PUD to allow a maximum of 417,000 square feet of business park land uses in
buildings not to exceed 35 feet In height on 37.5 M.O.L acres of property located on the
west side of Collier Bouievard approximately 1/4 mile north of Vanderbilt Beach Road, in
Section 34, Township 48 South, Range 26 East, Collier County, Fiorida.
E. Adoption of an Ordinance of the Board of County Commissioners of Collier County,
Florida, amending Ordinance No. 2003-61, codified as Chapter 49 of the County's Code
of Laws and Ordinances, incorporating changes to the implementation of the Fee
Payment Assistance Program.
F. Adopt an Ordinance establishing a Speciai Master Process for Collier County;
setting forth the powers and duties of the Special Master; establishing procedures;
and establishing penalties. Approve the related budget amendment. (Companion
Item to 12B)
G. This Item to be heard at 2:00 p.m. Request that the Board approve the proposed
Ordinance, which Ordinance Implements new Section 939.185, Florida Statutes, and
provides for imposition of additional court costs In criminal cases; allocates funds
received from additional court costs; provides for amendments to Section 939.185,
Florida Statutes; provides for conflict and severability; provides for Inclusion In the
Collier County Code of Laws and Ordinances; and provides for an effective date.
H. This Item to be heard Immediately following Item 8G. Request that the Board approve the
proposed Ordinance, which Ordinance Implements amended Section 318.18(13), Florida
Statutes, and provides for a surcharge on certain enumerated traffic violation and
offenses; allocates funds received from the surcharge; provides for amendments to
Section 318.18(13), Florida Statutes; provides for conflict and severability; provides for
inclusion In the Collier County Code of Laws and Ordinances; and provides for an
effective date.
9. BOARD OF COUNTY COMMISSIONERS
A. This item continued from the June 8, 2004 BCC Meeting. Highlight and honor volunteers
that serve on the 50+ advisory boards. (Commissioner Henning)
B. Discussion regarding dual membership on committees dealing with TDC projects
and funding. (Commissioner Fiala)
C. Recommendation to declare a vacancy on the Collier County Code Enforcement Board.
D. Request BCC discussion for Chairman Fiala to write a letter on behalf of the Board to
State Department [Florida Fish & Wildlife Conservation Commission, Division of Law
Enforcement, Office of Boating & Waterways, 620 South Meridian Street, Tallahassee,
FL 32399.1600] to oppose the City of Naples proposal for more stringent vessel speed
zones in Naples Bay, Dollar Bay, and Gordon Pass, citing Insufficient reason and
evidence to warrant such change. Item to be heard only if City approves Ordinance
(Second Reading)same subject on June 16, 2004. (Commissioner Henning)
E. Recommendation to rename the county's Lake Trafford Park in Immokalee the "Ann
Olesky Park" in recognition of the contributions of long.time Immokalee resident and
spirited community activist Ann Olesky who was a driving force In the Lake Trafford
restoration initiative. (Commissioner Coletta)
F. Appointment of member to the Collier County Code Enforcement Board.
G. Discussion 1 direction to County Attorney and county staff with regard to support of a
request for an opinion of the Florida Attorney General on selected Issues pertaining to
the effect of municipal annexation on an existing CRA area or to pursue an Interlocal
Agreement with the City of Naples. (Commissioner Coyle)
10. COUNTY MANAGER'S REPORT
A. Presentation of Quarterly Report On Newly Adopted Transportation Concurrency
Management System. (Norman Feder, Administrator, Transportation Services)
B. Recommendation to approve a contract for RFP #04-3611 "Consu1tant Services for
the Metropolitan Planning Organization Long-Range Transportation Plan 2030
Update" in the total amount of $360,717.86. (Norman Feder, Administrator,
Transportation Services)
K. That the Board approve a Resolution ordering and calling a Referendum Election to be
held November 2, 2004, within Collier County, to determine if the electors of Collier
County approve the levy of an additional ad vaiorem tax not exceeding .15 mill for 10
years and the issuance of not exceeding $40,000,000 limited tax general obligation
bonds, to be issued In one or more series, payable therefrom, in order to finance
acquisition of the land presently known as Caribbean Gardens, together with the
purchase of adjoining land held by the same or related ownership as Is necessary to
compiete the transaction, to assure the continued operation of the Caribbean
Gardens; providing for an effective date. (Mike Smykowski, Director, Office of
Management and Budget)
L. The Board of County Commissioners sitting as the Collier County Community
Redevelopment Agency. Recommendation that the Community Redevelopment
Agency (CRA) approve the use of tax Increment funds (TIF) to assist with the
establishment of a Florida State University School of Medicine rural health training
center in Immokalee, based on a determination of the expenditure being consistent
with the Immokalee CRA Area's Redevelopment Plan. (Joe Schmitt, Administrator,
Community Development)
M. Request for the Board of County Commissioners to Approve the Acceptance of
Donated Funds for the Ochopee Area Fire Control and Emergency Medical Care
Special Taxing District from the Volunteer's Account. (Dan Summers, Director,
Emergency Management)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Direct desired action by the Office of County Attorney In two code enforcement
lien foreclosure actions entitled Collier County v. Anthony J. Varano, Jr., Case
Nos. 99-4226.CA and 00.3430-CA.
B. Board Direction Relating to Amendment of False Alarm Ordinance, Ordinance No.
97-8, as amended (Companion to Item 8F).
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 11 :00 a.m. To present the Certificate of Achievement
for Excellence in Financial Reporting to the Board of County Commissioners.
B. This item to be heard immediately following Item 13A. To present to the Board of
County Commissioners the Comprehensive Annual Financial Report for the Fiscal
Year ended September 30, 2003.
14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AREA
A. Discussion. direction to CRA staff and County Attorney with regard to support of a
request for an opinion of the Florida Attorney General on selected issues
pertaining to the effect of municipal annexation on an existing CRA area or to
pursue an Interlocal Agreement with the City of Naples.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve a Change Order to Hartman and Associates, Inc.
Contract #03.3456, in an amount not to exceed $9,000.00, to complete Its
engineering analysis and rate review of Orangetree Utility Rate Adjustment
Application, as recommended by the Collier County Water and Wastewater
Authority.
2. Have the Board of County Commissioners confirm their direction regarding
purchase authorization for Conservation Collier properties within North Golden
Gate Estates Unit 53.
3. Recommendation to approve an Amendment to Agreement for Sale and Purchase
for 3.64 acres under the Conservation Collier Land Acquisition Program at no
additional cost to the County.
4. Recommendation to approve an Agreement for Sale and Purchase of 3.02 acres
under the Conservation Collier Land Acquisition Program, at a cost not to exceed
$771,850.
5. Recommendation to approve four Agreements for Sale and Purchase for 77.31
acres known as the American Business Park under the Conservation Collier Land
Acquisition Program at a cost not to exceed $21,311,050.
6. Assignment Agreement - Fiddler's Creek Phase 2A GC (Runaway Lane)
7. Assignment Agreement - Fiddler's Creek Phase 2A, Unit 1
8. Assignment Agreement. Fiddler's Creek Phase 3, Unit 1 (Club Center Drive)
9. Assignment Agreement. Fiddler's Creek Temporary Irrigation Meters.
10. Recommendation to approve an application by Skytruck LLC for participation In the
Advanced Broadband Infrastructure Investment Program.
11. Recommendation to approve an application for participation In the Advanced
Broadband Infrastructure Investment Program by Radiology Regional Center
12. Recommendation to approve the Settlement Agreement for Code Enforcement
Board Case No. 1999.052. Board of County Commissioners vs. Shadow Court
Fuels, Inc.
13. Recommendation to approve an original Grant of Replacement Drainage Easement
between Imperial Goif Club, inc., Imperial Castlewood, LLC and Collier County,
Florida.
14. Recommendation to approve a $2.5 million commercial paper loan to pay for the
expenses incurred in replacing Collier County's Community Development and
Environmental Services Division's computer software system, and approve its
associated budget amendment which fully funds the new computer software
system project.
15. Recommendation to ratify a Compliance Agreement between Collier County and
Transeastern Properties, Inc., the successor developer of the Glen Eagle PUD, to
resolve Code Enforcement Case #2002060715, pertaining to a violation for removing
native vegetation from Upland Recreation and Open Space (UROS) easements.
B. TRANSPORTATION SERVICES
1. Recommendation to establish a "NO PARKING" zone along the southern rlght-of.
way of Calusa Avenue for the section from Airport Road to 238 feet west of Airport
Road and along the northern right-of-way section from the property line located 104
feet west of Airport Road to 238 feet west of the Airport Road, at a cost of $600.
2. Recommendation to approve a Purchase Agreement to acquire a 1.14 acre
residential property, a portion of which Is required for the widening of Vanderbilt
Beach Road. (Project 63051). Fiscal Impact: Not to exceed $275,000.
3. Recommendation to adopt a Resolution by the Board of County Commissioners,
Collier County, Florida, authorizing a speed limit change from thlrty.five miles per
hour (35 MPH) to forty miles per hour (40 MPH) on Woods Edge Parkway, from US
41 to Vanderbilt Beach Drive, for a distance of approximately 1.0 mile.
Recommendation to approve a budget amendment recognizing prior year revenue,
additional current year revenue, and insurance company refunds for funds
recovered from vehicle accidents where County traffic signals and streetlights
sustained damages.
Approve a resolution providing for the acceptance of conveyances made by
developers andlor owners in compliance with development commitment
requirements, ordinances and agreements or as an Integral part of a capital
improvement project, including but not limited to, stipulations required as a pre.
condition for the approval of conditional uses, and site development plans.
Recommendation to approve a Resolution approving and authorizing the Chairman
of the Board of County Commissioners to execute a Local Agency Program
Agreement with the Florida Department of Transportation, which Agreement
implements up to $116,000 for Traffic Count Stations with reimbursement by the
Florida Department of Transportation.
Recommendation to approve a Resolution for a Local Agency Program (LAP)
Agreement with the State Department of Transportation in the amount of
$262,500.00 for the purchase and Installation of a prefabricated pedestrian bridge
within the C.R. 951 right-of.way over the Golden Gate outfall canal.
16. The Board of County Commissioners sitting as the Collier County Community
Redevelopment Agency. Recommendation that the Collier County Community
Redevelopment Agency (CRA) approve the 2003 Annual Report of the CRA, direct
staff to file the annual report with the Board of County Commissioners (BCC) and
direct staff to publish notice of filing the report.
17. To ciarlfy the operational relationship between the Board of County Commissioners
of Collier County, Florida and Community Redevelopment Agency (CRA) for the
BayshorelGateway Triangle Redevelopment Area (Area).
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Recommendation to approve a budget amendment transferring funds from Street
Lighting Project No. 60007 to Multi.Project Transportation Deslgn/Traffic Signals
Project No. 60172 for expenditures that will be incurred under Local Agency
Program Agreements with the Florida Department of Transportation.
Recommendation to approve a Resolution for a Local Agency Program (LAP)
Agreement with the State Department of Transportation in the amount of
$195,706.00 for the construction of sidewalk aegments connecting the sidewalks at
S.R. 29 and with various streets between First Street and Ninth Street In Immokalee.
Recommendation to approve a Drainage and Limited Access Easement Agreement
with Terracina, LLC for the purpose of allowing County Stormwater stan' to have
access to the canal from the Terracina property in order to perform periodic
maintenance within the canal.
Recommendation to Award Bid #04.3615 "Purchase and Delivery of Organic and
Inorganic Mulch" at an estimated yearly cost of $550,000.00.
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12. Recommendation to approve a Resolution authorizing the Chairman to sign a
Highway Landscaping Installation and Maintenance Agreement with the Florida
Department of Transportation (FDOT) for landscape development Improvements
within the unpaved areas within the right.of.way of SR 29 in Downtown Immokalee.
13. Recommendation to approve a Resolution to establish a "No Parking, No Stopping,
No Standing" zone along the north side of Bluebill Avenue, from Vanderbilt Drive to
Guif Shore Drive at a cost of approximately $800.
14. Recommendation to Approve an Interagency agreement between Collier County
and the State of Florida Department of Corrections, Hendry Correctional Institution,
for continued use of inmate labor In Road Maintenance Activities.
15. Recommendation to approve Amendment No.6 to contract No. 91-1763 for
Engineering and Environmental Services with Wilson Miller, Inc. for modification of
the Gordon River Extension Basin Study (Project No. 51005) to Incorporate
Improvements associated with the Goodlette.Frank Road Expansion. Fiscal Impact
Includes $ 152,649.59.
16. Recommendation that the Board waive the formal bid process and approve a
contract between Gray.Calhoun and Associates and Collier County for Post.Deslgn
Engineering Services related to design and plans changes for the Advanced Traffic
Management System (ATMS) Phase II project, with costs to the County reimbursed
by the Florida Department of Transportation.
17. Recommendation to approve a Donation Agreement to accept an easement
conveyance and to approve a Landscape Maintenance Agreement for maintenance
of the existing sidewalk along Vanderbilt Drive and Bluebill Avenue. Project
Number: 60171. Estimated fiscai impact: $69.50.
18. Reconveyance of real property via quitclaim deed to Parklands Development, L.P.,
pursuant to Section 255.22, F.S., to wit: The West 60 feet of Section 9, Township 48
South, Range 26 East, Collier County, Florida, dedicated to Collier County for right.
of.way, drainage and utility purposes in 1972, but never used for any such
purposes, nor currently contemplated for any such uses in the future.
19. Recommendation to approve 2 Donation Agreements and to accept the conveyance
of 2 temporary construction easements which are required for the replacement of a
disintegrating drain pipe under Block 89, Golden Gate Unit No.3, which is causing
localized flooding during heavy rains in the vicinity of 47th Street SW.
20. Recommendation to amend Resoiution No. 2001.56, which established an Ad Hoc
Advisory Committee to provide Input and guidance in the aesthetic appearance of
the 1.75lGolden Gate Parkway Interchange by extending the life of the Committee
until the completion of the Interchange.
21. Recommendation to approve Contract Amendment No. 97.2715.A07 with Agnoll,
Barber and Brundage, Inc. for the Lely Area Stormwater Improvement Project
(Project No. 51101) in the amount of $47,500.00
22. Recommendation to approve Supplemental Work Order #3 for the Forest Lakes
MSTU to Wilson Miller Inc., in the amount of $17,500.00.
C. PUBLIC UTILITIES
1. Recommendation to approve an Agreement for Sale and Purchase of a 5.71-IICN
parcel in advance of anticipated real estate requirements to accommodate future
needs for water suppfy and water transmisslonlstorage facllities at a total cost not
to exceed $166,600; Project 710061.
2. Adopt a Resolution authorizing the acquisition by Gift or Purchase for non.
exclusive, perpetual utility and access Interests by easement for the maintenance
and improvement of the existing North Hawthorn Wellfield Water Supply
Transmission Mains along the Cypress Canal In proximity to Wells RO 12N through
RO 15N, Project Number 700751, at an estimated cost not to exceed $130,000.
3. Recommendation for approval and execution for Satisfaction of a Notice of Claim of
Lien for Sanitary Sewer System Impact Fee. Fiscal impact Is $6.00 to record the
Satisfaction.
4. Recommendation for authorization to execute and record a Satisfaction for a
certain Water andlor Sewer Impact Fee Payment Agreement. Fiscal Impact is $6.00
to record the Satisfaction.
5. Recommendation to approve Satisfactions of Lien documents filed against real
property for abatement of nuisance and direct the Clerk of Courts to record same In
the public records of Collier County, Florida. Fiscal Impact is $42.00 to record the
Liens.
6. Recommendation to approve Work Order UC.019 in the amount of $677,700.00 with
Douglas N. Higgins, Inc., for The Golden Gate Boulevard Water Main Replacement
project, Contract 04.3535, Project 70067.
7. Recommendation to approve a budget amendment to transfer funds from Reserves
to the North County Water Reclamation Facility, Reuse, Collections and the
Wastewater Laboratory in the amount of $175,000.
8. Recommendation to approve the Selection Committee's decision and award a
Professional Services Agreement to Hazen and Sawyer, P.C. for the South County
Regional Water Treatment Plant 12 Million Gallon per Day Reverse Osmosis
Expansion, RFP 04.3589, Project 700971, In the amount of $2,990,500.
9. Recommendation to award to Mitchell & Stark Construction Co., Inc., Bid No. 04.
3671, North County Regional Water Treatment Plant Acid Tank Replacement, in the
amount of $199,000, Project 700941.
10. Recommendation to reject the bid from Gulf Coast Construction of Naples, Inc. for
Bid # 04.3666 and to provide authorization to re.advertise for bids to perform
renovations at the Public Utilities Operations Center, Project Numbers 70059 and
73072.
11. Recommendation to amend work order CDM.FT -04-07 for engineering services
related to adding one new public water supply well (Well 34) to the Tamiami
Wellfield at a cost amount not to exceed $214,162; Project 70158
12. Recommendation to approve funding, and approve Work Order HS.FT -04-03 up to
an amount not to exceed $741,220, Project 710111, NCRWTP New Mid Hawthorn
Wellfield, for engineering services for eight (8) additional water supply wells serving
the North County Regional Water Treatment Plant on sites that are on, or adjacent
to, existing well sites.
13. Recommendation to approve a Work Order, under Contract #00.3119, Fixed Term
Professional Utility Engineering Services, with Camp, Dresser & McKee to design,
permit, and observe construction of a new Reclaimed Water Booster Pump Station
on Livingston Road, Project 74076, in an amount not to exceed $166,088.
D. PUBLIC SERVICES
1. Recommendation to approve a budget amendment in the amount of $204,523 to
ensure continuous funding of the Community Care for the Elderly grant.
2. Recommendation to approve a budget amendment In the amount of $559 to ensure .
continuous funding of the Alzheimer's Disease Initiative grant.
3. Recommendation to approve a budget amendment In the amount of $6,074 to
ensure continuous funding of the Home Care for the Elderly grant.
4. Recommendation to recognize and budget an additional $133,135 authorized by the
State Aid to Library Program for Collier County Public Library.
5. Recommendation to approve the amendment to the Older Americans Act grant
contract and the required budget amendment in the amount of $6,877 and authorize
the Chairman to sign the contract between Collier County Board of County
Commissioners and the Area Agency on Aging for Southwest Florida, Inc., d/bla
Senior Solutions of Southwest Florida.
6. Recommendation to approve the Assisted Living for the Frail Elderly Medicaid
Waiver Case Management Referral Agreement and authorize the Chairman to sign
the contract between Collier County Board of County Commissioners and the Area
Agency on Aging, Inc. DIB/A Senior Solutions of Southwest Florida.
7. Recommendation to approve the Home and Community Based Waiver Case
Management Referral Agreement and authorize the Chairman to sign the contract
between Collier County Board of County Commissioners and the Area Agency on
Aging, Inc. DIBIA Senior Solutions of Southwest Florida.
8. Recommendation to approve the budget amendment for $7,500 to Initiate the grant
awarded to the Collier County Public Library for a Summer Library Reading
Partnership Project, from the Florida Department of State, Division of Library and
Information Services.
9. Recommendation to approve a request for a Volunteer Coordinator position at
Domestic Animal Services (DAS).
10. Recommendation to approve a budget amendment in the amount of $10,080 and
enter Into a cooperative agreement with the Hunger and Homeless Coalition to
participate in the Information Network for the Community of Collier County (INCCC).
This agreement provides for the reimbursement of hardware and software costs.
E. ADMINISTRATIVE SERVICES
1. Board approval for County participation in a program to enhance the public safety
radio system coverage in public school facilities and to assist with funding, not to
exceed $150,000.
2. Recommendation to declare certain county-owned property as surplus and
authorize a sale of the surplus property on Juiy 10, 2004.
F. COUNTY MANAGER
1. Approve a First Amendment to 2003 Tourism Agreement With The City Of Naples
For The Permit.Compliance, Marine Turtle Monitoring for the Gordon Pass Dredging
Project 90548.
2. Approval of Budget Amendment Report.
3. Recommendation to approve budget amendments to move various capital projects
to the new General Governmental Facilities Impact Fee Fund.
G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AREA
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Halas request for Board approval for payment to attend function
serving a valid public purpose. Attend Copeland Civic Association's First Year
Anniversary Dinner on June 28, 2004; $16.00 to be paid from Commlsssioner Halas'
travei budget.
2. Commissioner Fiala requests reimbursement for a valid public purpose to attend
the EDC Trustee Post.Legislative Delegation Luncheon on Tuesday, June 15, 2004.
The valid public purpose was to receive final summary of the 2004 legislative
session and to interact with the panel and ask questions about legisiation related to
economic development, constitutionai amendments, transportation, healthcare,
workers' compensation and growth management. The amount of $25.00 to be paid
from Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. To present the State Revenue Sharing Application for Fiscal Year 2004.2005 and
obtain approval for the Chairperson to sign the same.
2. 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 dispiay
in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East
Tamiami Trail, Naples, FL.
K. COUNTY ATTORNEY
1. Approve the Agreed Order Awarding Attorney's Fees as to Parcel 102 In the lawsuit
styled Collier County v. Tree Plateau Co., Inc., et al., Case No. 03-0519-CA,
Immokalee Road Project 60018 (total cost of $3,013.00)
2. Request by the Collier County Industrial Development Authority for approval of a
Resolution authorizing the authority to issue Revenue Bonds to be used to finance
Health Care Facilities for NCH Healthcare System for construction, renovation, and
equipment for the expansion of the North Collier Hospital Campus.
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 QUASIJUDICAL IN NATURE, A1.L PARTICIPANTS MUST
BE SWORN IN.
A. This item requires that all participants be sworn In and ex parte disclosure be
provided by Commission members. AVROW2003-AR4854 to disclaim, renounce and
vacate the County's and the Public's Interest In the 25 foot wide aney as shown on the
plat of "Rock Creek Pines No. 2," as recorded In Plat Book 2, Page 86, pubnc Records
of Collier County, Florida. Located in Section 11, Township 50 South, Range 25 East.
B. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. AVPLAT2004.AR5927 to disclaim, renounce and
vacate the County's and the Public's Interest in a portion of the 20 foot wide Lake
Maintenance and Drainage Easement located on Lots 1 through 158, Tract F and Tract
X, according to the plat of "Stratford Place" as recorded in Plat Book 40, Pages 15
through 21, Public Records of Collier County, Fiorida. Located In Section 18,
Township 49 South, Range 26 East.
C. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. PUDEX -2004.AR.5752: Naples Reserve Golf
Club, Inc., represented by Robert Duane, A.I.C.P., of Hole Montes, Inc., requesting 2
two.year extensions of the Naples Reserve Golf Club PUD pursuant to LDC Section
2.7.3.4.6. The property is located 1.3:t miles east of County Road 951 and
approximately one mile north of US Highway 41, In Section 1, Township 51 South,
Range 26 East, Collier County, Florida, consisting of 688:t acres.
D. SE-04.AR.5334, an Ordinance amending Ordinance 03.29, the Naples Botanical
Garden Planned Unit Development (PUD) to correct a scrivener's error resulting from
the unintentional omission of the official zoning map number 0523S In the title of the
transmittal copy of the adopted Ordinance to the Department of State for the property
located at the intersection of Bayshore Drive and Thomasson Drive In Section 23,
Township 50 South, Range 25 East, Collier County, Florida.
E. Recommendation to approve Cable Television Franchise Agreement with Strategic
Technologies, Inc.
F. PUDZ.2002.AR.2887, Ann & Edward Olesky represented by Joe McHarris, of MeHarris
Planning & Design, requesting a rezone from Public Use "Ph to Planned Unit
Development "PUD" for a mixture of commercial, residential, and marine uses
including recreational vehicle lodging for property located at 6100 Lake Trafford
Road, in Section 35, Township 46 South, Range 28 East, Immokalee, Florida,
consisting of 5.3:t acres.
G. This item requires that all participants be sworn In and ex parte disclosure be
provided by Commission members. CU.2003.AR-4997, R. J. Ward, P.E., of Spectrum
Engineering, Inc., representing Bishop John J. Nevins and the Catholic Archdiocese
of Venice requests Conditional Uses 2 and 3 of the Residential Single Family (RSF)
Zoning District for a church, school, gymnasium, and accessory uses per LDC 2.2.4.3.
The property is iocated at 2760 52nd Terrace S.
W. Golden Gate Unit 6, Blocks 204 and 205. Property Is In Section 28, Township
49 South, Range 26 East, Collier County, Florida. This property consists of 6.2:t
acres
H. This item requires that all participants be sworn In and ex parte disclosure be
provided by Commission members. PUDZ.A.2003.AR-4788, Robert A. Soudan,
Sr. represented by D. Wayne Arnold, AICP, of Q. Grady Minor &Associates, P.A.,
requesting a rezone from Planned Unit Development (PUD) and Residential
Single.Family (RSF-4) to Planned Unit Development (PUD) known as Goodlette
Corner PUD for the addition of a 0.32 acre parcel lying immediately west of the
current PUD for commercial land uses consisting of office, service and low to
moderate intensity retail. Property is located at 1191 Pine Ridge Court, in
Section 15, Township 49 South, Range 25 East, Collier County, Florida,
consisting of S.S:t acres.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 774.8383.
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
June 22, 2004
Continue Item 8C Indefinitelv: Public Hearing to consider adoption of an
Ordinance establishing The Quarry Community Development District (CDD)
pursuant to section 190.005, Florida Statutes (F.S.). (Staff's request)
Continue Item 8D Indefinitelv: This item reauires that all participants be
sworn in and ex parte disclosure be provided bv Commission members. PUDZ-
2002-AR-3411 Carl M. Nagel, managing partner of CDN Properties, LLC, and
Thomas Craig, Craig Construction and Restoration, Inc., represented by Robert J.
Mulhere, AICP, of RWA, Inc., and R. Bruce Anderson of Roetzel and Andress
requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development for
a project to be known as the Nagel-Craig Business Park PUD to allow a maximum
of 417,000 square feet of business park land uses in buildings not to exceed 35
feet in height on 37.5 M.O.L. acres of property located on the west side of Collier
Boulevard approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34,
Township 48 South, Range 26 East, Collier County, Florida. (Petitioner's request)
Continue Item 9D Indefinitelv: Request BCC discussion for Chairman Fiala to
write a letter on behalf of the Board to State Department [Florida Fish & Wildlife
Conservation Commission, Division of Law Enforcement, Office of Boating &
Waterways, 620 South Meridian Street, Tallahassee, FL 32399-1600] to oppose the
City of Naples proposal for more stringent vessel speed zones in Naples Bay,
Dollar Bay, and Gordon Pass, citing insufficient reason and evidence to warrant
such change. Item to be heard only if City approves Ordinance (Second Reading)
same subject on June 16, 2004. (Commissioner Henning's request)
Move Item 10L to 14B with a time certain of 4:00 p.m.: The Board of County
Commissioners sitting as the Collier County Community Redevelopment Agency.
Recommendation that the Community Redevelopment Agency (CRA) approve the
use of tax increment funds (TIF) to assist with the establishment of a Florida State
University School of Medicine rural health training center in Immokalee, based on
a determination of the expenditure being consistent with the Immokalee CRA
Area's Redevelopment Plan. (Staff's request)
Continue Item 16A9lndefinitely: Assignment Agreement-Fiddler's
Temporary Irrigation Meters. (Petitioner's request)
Creek
Move Item 16A16 to 16G1: The Board of Countv Commissioners sittina as the
Collier County Community Redevelopment Aaencv. Recommendation that the
Collier County Community Redevelopment Agency (CRA) approve the 2003
Annual Report of the CRA, direct staff to file the annual report with the Board of
County Commissioners (BCC) and direct staff to publish notice of filing the report.
(Staff's request)
Move Item 16A17 to 16G2: To clarify the operational relationship between the
Board of County Commissioners of Collier County, Florida and Community
Redevelopment Agency (CRA) for the Bayshore/Gateway Triangle Redevelopment
Area (Area). (Staff's request)
1
Withdraw Item 16B20: Recommendation to amend Resolution No. 2001-56,
which established an Ad Hoc Advisory Committee to provide input and guidance
in the aesthetic appearance of the 1-75/Golden Gate Parkway Interchange by
extending the life of the Committee until the completion of the Interchange.
(Staff's request)
Time Certain Items:
Item 8A to be heard at 1 :00 p.m. Request that the Board approve the proposed
Ordinance, which Ordinance implements amended Section 318.18(13), Florida
Statutes, and provides for surcharge on certain enumerated traffic violation and
offenses; allocates funds received from the surcharge; provides for amendments
to Section 318.18(13), Florida Statutes; provides for conflict and severability;
provides for inclusion in the Collier County Code of Laws and Ordinances; and
provides for an effective date.
Item 8G to be heard at 2:00 p.m. Request that the Board approve the proposed
Ordinance, which Ordinance implements new Section 939.185, Florida Statutes,
and provides for imposition of additional court costs in criminal cases; allocates
funds received from additional court costs; provides for amendments to Section
939.185, Florida Statutes; provides for conflict and severability; provides for
inclusion in the Collier County Code of Laws and Ordinances; and provides for an
effective date.
Item 8H to be heard immediately followina Item 8G: Request that the Board
approve the proposed Ordinance, which Ordinance implements amended Section
318.18(13), Florida Statutes, and provides for a surcharge on certain enumerated
traffic violation and offenses; allocates funds received from the surcharge;
provides for amendments to Section 318.18(13), Florida Statutes; provides for
conflict and severability; provides for inclusion in the Collier County Code of
Laws and Ordinances; and provides for an effective date.
Item 10F to be heard at 10:00 a.m. Response to Public Petition filed by Mr. Matt
Johnson of the East Naples Fire Department to solicit for contributions along the
County right-of-way.
Item 14B (formallv Item 10L) to be heard at 4:00 p.m. The Board of County
Commissioners sittina as the Collier County Communitv Redevelopment Aaency.
Recommendation that the Community Redevelopment Agency (CRA) approve the
use of tax increment funds (TIF) to assist with the establishment of a Florida State
University School of Medicine rural health training center in Immokalee, based on
a determination of the expenditure being consistent with the Immokalee CRA
Area's Redevelopment Plan.
Item 13A to be heard at 11 :00 a.m. To present the Certificate of Achievement for
Excellence in Financial Reporting to the Board of County Commissioners.
Item 13B to be heard immediately followina Item 13A: To present to the Board of
County Commissioners the Comprehensive Annual Financial Report for the Fiscal
Year ended September 30,2003.
2
~:
Item 5A to be heard after Item 50: Presentation by Mr. Ron Hamel, Executive Vice
President of the Gulf Citrus Growers Association, in appreciation for County
Resolution No. 2003-167, passed by the Board of County Commissioners on April
22, 2003. (Presenter's request)
Item 12A: Direct desired action bv the Office of the County Attorney in two code
enforcement lien foreclosure actions entitled Collier Countv v. Anthony J. Varano,
Jr., Case Nos. 99-4226-CA and 00-3430-CA: The first two pages of the agenda
back-up material for this item were inadvertently omitted from the published
agenda package. Those pages were subsequently distributed to the
Commissioners prior to today's meeting. A full set of back-up documents for this
item is available on the table outside the Commission Boardroom.
Item 16A5: Recommendation to approve four Aareements for Sale and Purchase
for 77.31 acres known as the American Business Park under the Conservation
Collier Land Acauisition ProQram at a cost not to exceed $21,311,050. Public
access for this parcel via a completed East-West Livingston Road, originally
expected in 2007, is now expected in 2012, due to the School Board changing
locations for a school to be built along the corridor. Additionally, there is a small
triangular piece of property across Old 41 from the America's Business Park site
shown as belonging to the Allen parcel on the map attached to the Project Design
Report. The map is in error and this parcel is not being purchased; the legal
description on the contract documents provided, as the back up is correct.
Correction to Consent Aaenda Item 16C1: "Recommendation to approve an
Agreement for Sales and Purchase of a 5.71 acre parcel in advance of anticipated
real estate requirements to accommodate future needs for water supply and water
transmission/storage facilities at a total cost not to exceed $166,600; Project
710061." In the Considerations section of the Executive Summary, the last
sentence of the second paragraph reads (in bold) "... Because the purchase price
is higher than the appraised value, approval of this Agreement will require an
affirmative vote of not less than four members of the Board (supermajority
vote)..." This sentence should be completely deleted; the statement is not
accurate, a simple majority is adequate to gain approval.
3
PROCLAMATION
c-
WHEREAS, community corrections is an essential part of the criminal justice
syst em; and,
WHEREAS, community corrections professionals uphold the law with dignity, while
recognizing t he right of t he public to be saf e- guarded f rom criminal
activity; and,
WHEREAS, community corrections professionals are trained professionals who
provide services and referrals for offenders; and,
WHEREAS community corrections professional work in partnership with community
agencies and groups; and,
WHEREAS, community corrections professionals promote prevention, intervention,
and advocacy; and,
WHEREAS, community corrections professionals provide services, support, and
protection for victims; and,
WHEREAS, corrrnunity corrections professionals advocate community and
restorative justice.
NOW THEREFORE, be it proclaimed by the Board of County <Ammissioners of <Allier
County, Florida, that July 18-24,2004 be designated as
,-
FROBATION, PAROLE, AND OOMMUNI TY SUFERVI SI ON WEEK
and encourages all citizens to honor these community corrections
pr of essi onal sand tor ecogni z e all t h el r ach i evement s.
DONE AND ORDERED THI S 2200 Day of June 2004.
BOARD OF OOUNTY OOMMI SSI ONERS
OOLLI ER OOUNTY, FLORIDA
DONNA FI ALA, O1AI RMAN
ATTEST:
OWl GI1T E. BRJO<, a..EPJ<
-
Agenda Item No. 4A
June 22, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4A
Proclamation to designate the week of July 18-24, 2004 as Probation, Parole
and Community Supervision Week. To be accepted by Chuck Rice, Director of
j:>robation.
6/22/2004 9:00:00 AM
Executive Manager to the BCC
Date
BCC Office
6/14/20049:40 AM
A pproved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/14/20043:51 PM
Agenda Item No. 4A
June 22, 2004
Page 2 of 2
PROCLAMATION
,-'
WHEREAS, it is t he mission of t he Economic Development Council of Collier County
to create a diversified economy through the expansion of existing
industry and recruitment of new industry to Collier County, which will
result in new high wage job creation and long-term economic
sustainability for our community and its residents; and,
WHEREAS, the Economic Development Council of Qlllier Qlunty and the Collier
County Board of Commissioners formed a f1JbliclPl'ivate Partnership in
1997 to further economic diversification efforts for Collier County;
and,
WHEREAS, it is the goal of the Economic Development Council of Collier County to
promote the Florida Tradeport as an international center for trade,
manuf act uring, and commerce; and,
WHEREAS, the Economic Development Council of Qlllier County, Enterprise Florida,
I ndustrial Development Agency of Poland and G:lansk Business Oub
signed a Memorandum of Cooperation to promote the international
trade, investment and economic development ties between the private
sectors of Pomeranian Region, Poland, Collier County, and Florida; and,
WHEREAS, the Memorandum of Cooperation includes educational institutions that
will promote research and development, and student and educational
exchanges between Poland, Collier Qlunty, and Florida; and,
-
WHEREAS, the educational partners include: Ave Maria University, Edison College,
Florida GJlf Coast University, International Qlllege, Lorenzo Walker
I nst itute of Technology, Southwest Florida Workf orce Development
Board, Gdansk University, Gdansk University of Technology, Aviation
I nstitute and the Rzeszow University of Technology.
NOW THEREFORE, be it proclaimed by the Board of Qlunty Commissioners
of Collier County, Florida to recognize the leadership demonstrated by
the Economic Development Council of Collier County to create new
opportunities for job creation at the Florida Tradeport. These
initiatives are an essential element to the diversification of Collier
County's economy and the continued cooperation between the public and
private sector as demonstrated through the Memorandum of
Cooperation, which will generate future successes.
DONE AND ORDERED THI S 22nd Day of June, 2004
BOARD OF COUNTY COMMI SSI ONERS
COLLI ER OOUNTY, FLORI DA
DONNA FI ALA, a-lAI RMAN
ATTEST:
-
DWI GHT E. B~O<, a.ERK
Agenda Item No. 48
June 22, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4B
Proclamation to recognize the Economic Development Council for their
continued efforts to promote the Florida Tradeport as an international center for
trade, manufacturing, and commerce. To be accepted by Tammy Nemech,
Executive Director of the Economic Development Council; Adria Starkey, Chair
of the Economic Development Council; Nicolas Healy, President of Ave Maria;
Dr. Ricahrd pegnetter, Dean of Business at Florida Gulf Coast University; Dr.
Fred Tuttle. Director of the Workforce Program at Lorenzo Walker Institute; Dr.
Jeff Albritten, President of Edison College, Collier County Branch; Terry
McMahon, President of International College; and Joe Paterno, Executive
Director of SWF Workforce Development Board.
6/22/2004 9:00:00 AM
Executive Manager to the BCC
Date
BCC Office
6/14/20049:38 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/14/2004 1: 10 PM
Agenda Item No. 48
June 22, 2004
Page 2 of 2
-
-
-
PROCLAMATION
WHEREAS, t he use of our parks and participation in recreation programs add
more balance to Iif e, provide care of latchkey children, increase
communication skills, build self esteem, teach vital lif e skills and
provide safe places to play; and,
WHEREAS, the benefits provided by parks and recreation programs serve to
boost t he economy, enhance propert y values, att ract new
business, increase tourism, reduce crime, dirrinish gang violence
and curb employee absenteeism; and,
WHEREAS, the productive use of leisure builds family unity, strengthens
neighborhood involvement, offers opportunity for social
interaction, creates a more educated community, develops
creativity and promotes sensitivity to cultural diversity; and,
WHEREAS, our parks and trails ensure ecological beauty, provide space to
enjoy nature, help maintain clean air and water, and preserve
plant and animal wildlif e; and,
WHEREAS, recreat ional act ivit ies build st rong bodies, reduce healt h care
costs, decrease insurance premiums, make people happier and
help residents live longer; and,
WHEREAS, recreation, therapeutic recreation, and leisure education are
essential to t he rehabilitation of individuals who have become ill
or disabled or who have demonstrated antisocial behavior; and.
WHEREAS, July 2004 has been designated as Recreation and Parks Month.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that July 2004 be observed as
Recreation and Parks Month which recognizes all the benefits
derived from quality public and privat e recreation and park
resources within Collier County.
DONE AND ORDERED THI S 22nd Day of June, 2004
BOARD OF OOUNTY OOMMI SSI ONERS
OOlL! ER OOUNTY, FLORI DA
DONNA FI ALA, a-tAI RMAN
ATTEST:
OWl GHT E. BROO<, a..ERK
Agenda Item No. 4C
June 22, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4C
Proclamation to celebrate July 2004 as Recreation and Parks Month. To be
accepted by Annie Alvarez, Recreation Supervisor and Counselor's In Training.
6/22/2004 9:00:00 AM
Executive Manager to the BCC
Date
BCC Office
6/14/200411 :46 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/14/20042:57 PM
Agenda Item No. 4C
June 22, 2004
Page 2 of 2
,,-"
EXECUTIVE SUMMARY
Recommendation to recognize Alex Blanco, Senior Equipment Operator,
Transportation Division, as "Employee of the Month" for June 2004.
OBJECTIVE: To recognize Alex Blanco, as "Employee of the Month".
CONSIDERATIONS: Alex Blanco is an exemplary employee. He is revered by his co-workers
for his unending support and kindness.
Alex voluntarily takes on the responsibility of providing CDL training to various employees within
the department. As a result these employees have opportunities to advance their careers and
increase their value to Collier County.
Alex sets an example of providing outstanding customer service that is second to none. He
wears a constant smile and is always cheerful and helpful in his relationships with his fellow
employees. Alex Blanco is a tremendous asset to Collier County and the Transportation
Division.
FISCAL IMPACT: The "Employee of the Month" selected, receives a $150.00 cash award.
Funds for this award are available in the department's budget cost center.
-
RECOMMENDATION: To recognize Alex Blanco, Senior Equipment Operator, Transportation
Division, as "Employee of the Month" for June 2004.
-
Agenda Item No. 58
June 22, 2004
Page 1 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
5B
Item Summary
Recommendation to recognize Alex Blanco, Senior Equipment Operator,
Transportation Division, as "Employee of the Month" for June 2004.
Meeting Date 6/22/2004 9:00:00 AM
Prepared By
Dawn Ragone Administrative Assistant 6/9/2004 1 :50:55 PM
Administrative Services Human Resources
Approved By
Pat Lehnhard Adrninistrative Assistant Date
County Manager's Office Office of Management & Budget 6/10/20043:13 PM
Approved By
Robin Johnson Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 6/11/20042:27 PM
Approved By
Michael Srnykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 6/12/20041:06 PM
Approved By
James V. Mudd County Manager Date
Board of County
Cornrnissioners County Manager's Office 6/14/20046:14 PM
Approved By
Jean Merritt Human Resources Director Date
Adrninistrative Services Hurnan Resources 6/9/2004 2:08 PM
Approved By
Len Golden Price Administrative Services Administrator Date
Adrninistrative Services Adrninistrative Services Adrnin. 6/9/2004 4:03 PM
~.
Agenda Item No. 58
June 22, 2004
Page 2 of 2
Sv
,.2~,Jg
_ mudd.J
From:
Sent:
To:
Cc:
Subject:
colettaj
Sunday, June 06,200410:07 AM
mudd,j; stone_w; wight_d
HalasFrank; fiala_d
COMMISSIONERS RECEIVE COUNTY COMMISSION CERTIFICATION HONORS
Dear Jim Mudd
In J\IDe Commissioner Halas will be receiving his certificate for completion of the County Commissioner
Certification Program. Commissioner Fiala had received her certification some months ago. I do think that it
would be appropreate if we recognized them both at a future commission meeting. It takes much in time and
dedication to earn this citification.
Jim Coletta
COMMISSIONERS RECEIVE COUNTY COMMISSION CERTIFICATION HONORS
The following commissioners have completed the extensive coursework for the County
Commissioner's Voluntary Certification Program (CCC) and will receive their CCC designation at the
annual conference in Broward County.
Thank You for Your Extraordinary Effort and On Behalf Of Your Commissioner Colleagues
across the State, Congratulations'
Coun. Joie Alexander, Volusia
Comm. Jerry Bames, Gulf
Comm. Comel Brock, Bay
- Comm. Robert Cole, Santa Rosa
Comm. Ro Cuchens, Walton
Comm. Bill Dickson, Escambia
Comm. Donna Fiala, Collier
Comm. Mitchell Gentry, Gilchrist
Comm. Frank Halas. Collier
Comm. Catherine Hanson, Lake
Coun. Jack Hayman, Vol usia
Comm. Bob Janes, Lee
Comm. Thomas Lowther, Indian River
Comm. Patrick McGuire, Jr., Flagler
Comm. Allee Mercer, Osceola
Comm. Art Neuberger, Indian River
Comm. Lee Pinkoson, Alachua
Comm. Kenneth Pridgen, Walton
Comm. Marie Young, Escambia
-
1
Agenda Item No. 5C
June 22, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Comrnissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
5C
6/22/2004 9:00:00 AM
Florida Association of Counties Presentation. (Jim Mudd, County Manager)
County Manager
County Manager's Office
Date
6/11/20042:05 PM
Agenda Item No. 5C
June 22, 2004
Page 2 of 2
..~.
III 1\ CONational Association of Counties
1\1/1 -.. " '"- ~
. . --
,,-~ ....-
June 7, 2004
The Honorable Tom Henning
Commissioner, Chair
Collier County
3301 East Tamiami Trail
Naples, FL 34112-4961
The Honorable Tom Henning:
Congratulations! I am pleased to announce that your county has been awarded a 2004 NACo
Achievement Award for the program entitled, Park Rangen "To Go". In this 35th year of the Achievement
Award program, NACo is extremely pleased with the high caliber of county programs and projects. NACo is
proud to confer this award and recognize your county's hard work to promote responsible, responsive, and
effective county government.
NACo greatly appreciates your county's participation in our Achievement Award program. In addition
to giving us an opportunity to formally recognize effective and creative programs, this program enhances our
awareness of county activities and allows us to share valuable information with other counties throughout the
nation.
.-.
As you may know, NACo recognizes award winners in several ways. A list of winning programs will
be available on NACo's homepage at http://www.naco.org. Summaries of award winning programs will be
included in our Model County Programs database on our website at:
http://www.naco.org!Temolate.cfm?Section=Model County Progra!ns.
In addition, over the next several months, selections of award winning programs will be highlighted in County
News in the COIURUl, "Hats Off."
We also offer a variety of commemorative items to help your county and the winning programs'
employees celebrate its winning efforts. A new website, www.nacostore.com has been made available for these
commemoratives to make purchasing efficient and easy.
This year, NACo will host the Eight Annual Awards Reception during our 2004 Annual Conference in
Phoenix (Maricopa County), Arizona. This reception, scheduled for the morning of Sunday, July 18, 2004, will
be held from 3:30 pm - 5:30 pm in Room Phoenix. 16-20 of the Phoenix Civic Plaza located at III North 3rd
Street. During this ceremony, Achievement Award winners will be collectively recognized and there will be an
opportunity for you or your representative to have a photo taken with a NACo official. We hope you will be able
to attend. Enclosed is your official invitation to the reception. Please RSVP to Adam Coester at 202-942-4279
or email at acoester@naco.org by July 2, if you plan to join us.
Questions concerning the award program may be directed to Joseph Hansen, research associate or
Jacqueline Byers, director of research at 202-661-8834 or 202-942-4285, respectively.
Congratulations on your county's accomplishment!
Sincerely,
~ c.(I~
Larry Naake
Executive Director
Enclosures
,-.
440 First Street, NW
Washington, DC 20001-2080
202/393-6226
Fax 202/393-2630
www.naco.ory
@_CW:UD
Agenda Item 50
June 22,2004
Page 1 of 1
~
COillER COUNfY MANAGER'S OffiCE
3301 East Tamiami Trail - Naples, FL 34112 - 239-774-8383 . Fax 239-774-4010
April20,2004
Mr. Paul Feuer, President
Village Walk Home Owners Association
3200 Village Walk Circle, Suite 100
Naples, FL 34109
Re: Public Petition Request to Discuss Planting of Live Oaks in Village Walk
Dear Mr. Feuer:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of June 22, 2004, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "P') of the government complex. Please arrange to-be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
?cerelY,
,~/~,;/
James V. Mudo
County Manager
JVM/jb
cc: David Weigel, County Attorney
Heidi F. Ashton, Assistant County Attorney
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Agenda Item 6A
June 22. 2004
t ," Page 1 of 6
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Villajwalk
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April 13, 2004
;-(ECEIVED COUNTY MAN~G!ft OFflI~
Mr. Tom Henning
Commissioner. District 3
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
APR 1 9 200't
~ILE_ _
Dear Commissioner Henning:
Our Association and homeowners are disappointed that it took over two months for the County to
provide our community with a legal opinion in response to our letter to you dated January 28, 2004
(refer copy of Heidi Ashton's letter of April 7. 2004, enclosed).
Our letter ouUined serious problems that have confronted our ~ion and homeowners regarding
the inappropriate planting of Live Oak trees. The problems, which we addressed, were those of
accountabirlty and responsibiftty, not legal liability. We simply outlined the dilemma that your
constituents have been confronted with. We requested from you an opportunity to petition the County
Commissioners for some fonn of financial relief to help offset the heavy financial burden that has been
unfair1y placed upon our Association and homeowners. We had hoped that the Board of
Convnissioners would listen to our plight and give favorable consideration to the relief we sought based
upon sound reasoning and good faith, not on the basis of any legal Dability theory.
Our letter addressed the structural and safety problems that these Live Oaks have and continue to
cause. to both residentiaJ and common property including serious injuries to our residents and their
gUests. Ms. Ashton's response was limited to the residentiat lot property. These problems as stated
were dearly a resul of an outdated and poor1y written land development code as weft as the County's
perceived past indifference and past lack of interest by failing to be more involved in the review and
approval process, as well as post inspection.
Ms. Aston states, "At the time of building penni issuance and before a certificate of occupancy is
granted, the reviewing County employee ensures that at least two trees are planted on each lot. The
type of tree is left up to the disa'etion of the developer or owner, provided 75% of the trees are native
Southern Florida species." Therein lays the core root of the problem, which wiD shortly become
systemic throughout COllie( County. The County's prinary concem appeared to be concentrated on
ensuring that the vast majority of trees planted are Iocat native trees. It has become another IocaHy
mandated numbers game which regretfutIy places greater consideration to the number and species of
trees planted then it does for the safety, health, and welfare of the community. I might add that there
are 0Iher far less invasive native trees then the Live Oaks that could have been planted; hc:Jv.Iever, they
would have been more costly for the developer.
More importantly, as is evident from the serious problems that these Uve Oaks have caused, the
County Land Development <:ode falls quIe short of the mark by failing to include any foresight. common
sense,' and logic. That is, hOW' could the COUnty have pennitled a developer to pI8t highly ilVaslYe
trees such as Uve Oaks in a duster home commwlity, having mainly zero lots, wilhin 2-3 feet of
sidewalks, driveways, walls. and underground utiIly lines? One need not look far at what is presently
occuning in Collier County and will continue in the fubJre. Our Association questions what it is costing
our local taxpayers for the grinding daNn and breaking up of county sidewalks and aI the other
conaete worf( at the Vmeyanjs where the county acCepted a roadway where Uve Oaks were plaited
several years beck.. There are a host of other commooities, similarto Village Walk that wiI be inpacted
by the county's failure to recognize the problem and take immediate corrective action
3200 V1l1agewolk Circle · SUite 1 00 · Naples, Florida 34109
(239) 594-8044 · FAX (239) 594-7588
EmaU: VHOA @swfIa.rr.com
Agenda Item 6A
June 22, 2004
Page 2 of 6
APriJ13, 2004
Ms. Ashton advised that she pulled the site plans for Village Walk and that she spoke to the landscape
architect that reviewed the initial plans as well as county landscape architects. She stated in part, that
"the landscape plans were prepared by and with the advice of a professional architect.- Did she
honestly expect the architect to admit that he used poor judgment by locating Uve Oaks throughout our
community? It is also my understanding that if you wanted a professional opinion on where Uve Oaks
are meant to be planted you would seek the opinion of a licensed Arborist in addition to a landscape
architect.
Ms. Ashton's analogy obviously raises a couple of questions. Wtry would a plofessiooallandscape
architect i'eCOmmend the planting of Uve Oaks in a cluster home community, having mainly zero IoIs,
within 2-3 feet of sidewalks, driveways. walls, and underground utility Hnes? Wouldn't a professional
IaIIdscape architect recognize that Uve Oaks couJd grow as high as 60-80 feet, have a canopy spread
of over 60-100 feet and a root system that win grow as wide as the canopy? Wouldn't a professional
landscape architect refer the selection of trees for this type of deveIopmert to a licensed Arborist?
Us. Ashton's letter states that the pubrlC8tion, which the Coooty issued thai recommends the
placement of canopy trees 15-30 feet from strudures was published years after Village Walk was
penniIted and oonsInJcted. She also states that it is not 8 code requifemenl Landscape Architects.
AIborisIs, and any other COUnty personnet involved in Land Development Code shouldn't need 8
publication to know the growing pattern of a Uve Oak and the invasive root system that it presents. Uve
Oaks have been around for centuries. and when improperly planted have been causing great damage.
This is not a wen kept seaet, it's a known facl I would hope that the County Jandscape architects
would not need a publlcalion in 1996 to recognize the danger of planting Uve Oaks throughout a duster
home community, 2-3 feet from structures. By stating that it's not a code requirement appears to
provide architects and developers a green light to do as they choose and takes the County out of the
process. That is, the County teas the developer, plant whatever you want so long as you meet the
native tree count and Jet the buyeIs beware. If that's true that's wrong and that type of practice must
cease.
Issuing a publication that identifies the dangers of planting large canopy trees near structures is a
positive step. Amending the code as you indicated, to require developers to instaU a root barrier around
tall canopy trees is a positive step. I-tcMeverthat doesn't help Vilage Walk since the horse has left the
barn. The publication as weB as the proposed amendment deatty demonstrates that our cause is just.
That is why we are seeking to petition the County Commissioners for some form of relief to our
unfortunate siIuation caused by the County's IndifferellC8 to this important matter. .
Rather then referring to site plans, publications, or speaking to professional and county architects, I
woukt tike to invite Ms. Ashton, the county and P. ofcSSiooal architects, to visit our community and view
the damage first hand. See sidewalks and driveways lifted; see water lines broken, see electric lines
being threatened. I would also like your group to meet with those individuals who have broken WI1sIs,
efbows, and hips resuIing from raised sidw.aIks and driveways. You may even want to review the
assodation's inslnnce claims. If the County can't take us up on the invIation, we have pictures to
show the County staff that wiD cIear1y IUustrate ow probtem.
My point is not irended to be facetious; to the contrary. I believe it's aiticaIy important for those
responsible for establishing land deYeIoprnefj code, county archilecls, as wet represe.atiws from the
County. Development Services Division to obtain a fuI understanding of the damage and havoc that
LiYe Oak trees can cause when inpropedy planted in cluster home comrnunJies. Having visited
Village Walk'MJUld provide a wake up caI to Ms. Ashton and the others to the fact that the wrong tree
sefection for a deYeIoprnefj can be as dangerous as improper electrical. mechanical or root design.
We undersIand that by giving consideration to our cause may be precedent setting. However, it's tine
for the COunty to recognize that there has been a sertous oversight t1i the COUnty In the p&5t that has
unintentionally resuled in severe damage to its constituents. To assist those affected by the County's
past actiOn the County should be wiRing to at least hetp offset part of the financial burden that has been
placed upon the shoulder.; of these constituents. It is the right thing to do.
Agenda ItelJ;l 6A
June 22, ~004
Page 3 of 6
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Apiil13, 2004
'MIen a town, city or state are severely damaged by a tornado or hurricane. the federal, state or local
government provides aide to those severety impacted. Village Walk has been the victim of a tornado In
the fonn of a major oversight that has tom up trees. sidewaJks, driveways, utif'1ly lines and injured
several residents. We call upon the County to give consideration to ow cause and ask that you give
Village WaJk time at your neJCl regular Commissioners meeting to request monetary .1eIief from the
Bo8Id of Commissioners.
Sincerely,
~f;::_~-
Agenda Ite'1l 6A
June 22, 2004
Page 4 of 6
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COlliER COUNTY
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DAVID C. WEJGEL
COWER COt.My ATTORNEY
::, ~ ::
3301 Tamiami Trail East
Naples, Florida 34112-4902
Telephone: (239) 774-8400
FAX: (239) 774-0225
April 7, 2004
Heidi F. Ashton
Jennifer A. Belped10
EBen T. Chadwell
Ramiro UaiIalich
WIIIam E. Mountklrd
Thomas C. Palmer
MIct1aeI W. Pettit
Jacquelkle Hubbard Robinson
Marjorie M. Student
Palrlck G. White
Robert N. ZachaIy
Paul Feuer, President
Village Walk Homeowners Association
3200 Village Walk Circle, Suite 100
Naples, FL 34109
Re: Plantings of Uve Oaks in Village Walk
Dear Mr. Feuer:
Commissioner Henning requested that I respond to the legal issues raised in your letter to
him dated January 28,2004 regarding landscaping problems in Village Walk. In your letter. you
stated that the live oak trees planted within the residential lots in the Village Walk development
have grown to be large trees with extensive root systems which have caused sidewalks and
driveways to raise and have damaged walls and water lines. You claim that the County's
blanket approval of landscaping site plans and the County's failure to provide proper review,
oversight inspection and enforcement of tree plantings by the developer is the cause of your
damage. In reviewing your claim, I pulled the site plans for Village Walle, I spoke with the
landscape architect that reviewed the initial plans for the model home sales office and town
center, and I also spoke with the current county landscape architects.
The following code sections apply to single family lots:
Section 2.4.6.1 of the Land Development Code requires "one canopy tree per 3000 square
feet of lot area, or two canopy trees per lot, whichever is greater, with the maximum number
required: 15 trees per lot"
Section 2.4.4.1 of the Land Development Code requires that "at least 75% of the trees ...
shall be native Southern Florida species. "
These landscaping provisions are minimum requirements under the county code. At the
time of building permit issuance and before a certificate of occupancy is granted, the reviewing
County employee ensures that at least two trees are planted on each lot The type of tree is left to
the discretion of the developer or owner, provided 75% of the trees are native Southern Florida
Agenda Item 6A
June 22, 2004
Page 5 of 6
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'Piul Feuer, President. Village WaIJc Homeowners Association
April 7, 2004
Page 2
species. The County does not dictate the type of native tree that is planted. In the case of
Village Walk, the landscape plans were prepared by and with the advice of a professional
landscape architect from the firm of Colteur Hearing.
The publication you reference in your letter which was prepared by the Collier County
Development Services Division that recommends the placement of canopy trees 15-30 feet from
structures, was published years after Village Walk was permitted and constructed. It is not a
code requirement. It is intended to assist homeowners with the selection of trees and the location
of trees on their property.
Based on my review of your letter and the information I was able to ascertain, I find no
legal theories on which to base liability of the County for the landscape problems in Village
Walk. My research into this matter indicates that the County employees reviewing the building
permits/certificates of occupancy confirmed that the plans and permits met minimum code
standards. I found no evidence to support your claims that' the County expedited developer
approval at the expense of the public or that there were special favors being extended to the
developer in return for possible improprieties. I also found no evidence to support your claim
that the County did not properly review, oversee, inspect or enforce the tree plantings by the
developer.
I believe this letter addresses the- concerns raised in your letter regarding the County's
review of the developer's landscape plans. If you have additional information not provided in
your letter or if you have any questions, please feel free to contact me. If additional information
becomes available of which I am not aware, I will reevaluate my analysis of legal liability.
Very truly yours,
OFFICE OF THE COUNTY AITORNEY
i . J. . J. /~
[:11..1... <:; (t I
Heidi F. Ashton
Assistant County Attorney
HFAJg
cc: kommissioner Tom Henning, District #3
David C. Weigel, County Attorney
CP: VaDderililtBeachR.oadMask:rFile\Ltr-PanlFeuer
Agenda Item 6A
June 22, 2004
Page 6 of 6
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COlliER COUNlY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
May 28, 2004
Mr. Herman Haeger
2630 18th Avenue, SE
Naples, FL 341167
Re: Public Petition Request to Discuss Operational Costs Imposed by Collier County
Code Enforcement Board
Dear Mr. Haeger:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of June 22, 2004, regarding the above referenced
subject.
--
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
OIY, - /?/
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James V. Mudd
County Manager
JVM/jb
cc: David Weigel, County Attorney
Joe Schmitt, Administrator CD&ES
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Agenda Item No. 68
June 22, 2004
l , Page 1 of 2
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ReQuest to Speak under Public Petition tECIlVIO COUNTY MANAGER CJPAC8
Please Prin~t.
Name: \, I J
~,IAA~ C$fa.-e1er
Address: Z& 30 tP':h~
JJ4~uS Pl
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Phone: 777- l 0 5J
_ MAY 2 7 200't
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Please exolain in detail the reason vou are reauestina to soeak (attach additional
page if necessary): y
C~::;~ ~~:J b~c.n:l (/J,rfrC;;
JS~c.~~.
Date of the Board Meetina vou wish to soeak:
-
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Agenda Item No. 6B
June 22, 2004
Page 2 of 2
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COlLIER COUNfY MANAGER'S OffiCE
3301 East Tamiami Trail _ Naples, FL 34112 . 239-774-8383 - Fax 239-774-4010
June 7, 2004
Mr. Jeff Bluestein, Esquire
Marc L. Shapiro, P.A.
720 Goodlette Road North, Suite #304
Naples, FL 34102
Re: Public Petition Request to Discuss Board of County Commissioners v. Brian K.
Greenling, Case No. CEB 2000-026
Dear Mr. Bluestein:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of June 22, 2004. regarding the above referenced
subject.
-. Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely,
Q~r~
County Manager
JVMljb
cc: Joe Schmitt, CD&ES Administrator
David Weigel, County Attorney
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Agenda Item No. 6C
June 22, 2004
t Page 1 of 2
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RlCIMD COUNTY MANAGER OFfICE
".
JUN - 7 200\
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REQUEST TO SPEAK UNDER PUBUC PE~
Name:
Jeff Bluestein, Esq. for Brian Greenling
Address:
720 Goodlette Road North, Suite 304, Naples, Florida 34102
Phone:
(239) 649-8050
Date of the Board Meeting you wish to speak:
June 22, 2004
Please explain in detail the reason you are requesting to speak (attach additional page if
n~essarv):
Regarding Board of County Commissioners v. Brian K. Greenling, Case No. CEB
2000-026
Mr. Greenling purchased residential improved property located at 1383 14th Ave. N.,
Naples, Florida 34102 on January 21, 1999. At closing on the property Mr. Greenling
obtained a statutory Warranty Deed and an Owner's Policy of Title Insurance.
Unbeknownst to Mr. Greenling, and exempt for the Warranties made by the previous
owner, and the coverage of the owner's policy of title insurance purchased by Mr.
Greenling, the previous owner had constructed a guest house on the property without first
obtaining the necessary permitting. Some time after the closing, a dispute of some sort
arose between Mr. Greenling and a neighbor, which resulted in the neighbor reporting
several violations of the Collier County Land Development Code to Code Enforcement.
The dispute was entirely unrelated to the code violations. Code enforcement identified
the violations and on June 1, 1999 issued a Notice of Violation. Mr. Greenling promptly
contacted Code Enforcement and advised the Officer that he would abate the violations
as quickly as possible, but it would take a little time as he had overextended his financial
resources on the purchase of the house, and his wife had just given birth to their first
child. Nonetheless Code Enforcement brought the violations before the Code
Enforcement Board, and on August 30, 2000 the Board entered an Order fining Mr.
Greenling $50 per day plus costs beginning September 14, 2000. The violations were
cured on December 28, 2000. The balance of the County Lien stands at $6,270.36, and
despite numerous settlement offers, Code Enforcement refuses to negotiate the amount of
the Lien.
Please explain in detail the action vou are asking the Commission to take:
We would request the County to settle this matter for $1,070.36, which to the best of my
knowledge represents the amount of the operational costs incurred as a result of the
violation.
Agenda Item No. 6e
June 22, 2004
Page 2 of 2
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COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, FL 341 12 . 239-774-8383 . Fax 239-774-4010
June 7, 2004
Mr. Randy Fredrickson
General Contractor
Son rise Building Company
3884 Progress Avenue
Naples, FL 34104
Re: Public Petition Request to Discuss SDP Amendment for Center Point Community
Church
Dear Mr. Fredrickson:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of June 22, 2004, regarding the above referenced
-- subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government camplex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely,
Qr 'f/~
James V. Mudd
County Manager
JVM/jb
cc: Joe Schmitt, CD&ES Administrator
David Weigel, County Attorney
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Agenda Item No. 60
June 22, 2004
t , Page 1 of 2
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RECEIVED COUNTY MANAGER OFFICE
JUN - 7 2001t
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.. 3884 Progress Avenue · Naples. FL 34104 · (239) 261.3433 · ~jYJ]' .3~
SONRISE
Building Company
GeaenaJ Cosa&netor
June 3, 2004
Mr. Jim Mud~ County Manager
3301 E. Tamiami Trail
Napl~ FL 34112
RE: Center Point Community Church
Dear Mr. Mudd:
As the Genera) Contractor of Sonrise Building Company currently under contract by the Center Point
Community Church, I request your assistance in petitioning the Board of County Commissioners.
_As you may or may not know, Center Point Community Church has recently applied for an SDP amendment to
.dd an addition,a1200 sq. ft. under air to the existing structure. This new additional space does not extend
outside of the existing footprint of the building. However, the SDP is currently on hold due to the stipulation
that "the Developer/Owner sbaD provide paymest ia lieu of consmeting a sidewalk and bike lane along
the project's GoIdeo Gate Parkway frontage. Flmds will be paid to tile CowIty prier to the ...aace of
C.O." Also stipulated is for our client to construct the sidewalk a.IoIIJ ,," Street for tile ~ of Ceater
Poiat's property. At this time, I would like to formally request that my client be allowed to petition the Board
of County Commissioners to waive said stipulations; to neither provide sidewalks or payment to the County, in
lieu of constructing sidewalks.
Please advise me when we can expect to be placed on the BCC Agenda for action.
Thank you for your assistance in this matter.
Sincerely,
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Randy Fredrickson
General Contractor
Sonrise Building Company
Agenda Item No. 60
June 22, 2004
Page 2 of 2
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COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
June 10, 2004
Samuel J. Durso, M.D.
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, FL 34112
Re: Public Petition Request to Discuss Sidewalk Variance Within Carson Lakes, Phase
II, Immokalee
Dear Dr. Durso:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of June 22, 2004, regarding the above referenced
subject.
,-
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely,
r::2~~-4/
County Manager
JVM/jb
cc: David Weigel, County Attorney
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Agenda Item No. BE
.June 22, 2004
t , Page 1 of 2
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ReQuest to Speak under Public Petition
Please print
Name:
S~",,^,ue:L. J .l)u~'i:)O . M..U..
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Address:
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Phone: Zy\ . '( ""1 ~ . OO~(o
Date of the Board Meeting you wish to soeak:
00 .zz...o4
Please explain in detail the reason you are requesting to speak (attach additional page if
necessary):
A~f~v"'L Of= N.o}o....k-CDN.r:o~~,lo-::>C::> 'S\.. O'(SJ->AL...\o:::S. (-4.' v...A 06
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Please exolain in detail the action you are askin2 the Commission to take (attach
additional D82e ifnecessarv):
ls\\..>A.~ oe- ~~o\-u~ ~ 'tI> ..c..\A-~ W.~6\\"'~
Fb(L. .uu.~1-"\.~ Oe- CoL,...L,...\. t9Z-- Co...:>~ .} IV ~ . """lb \-lA'J~-4- I v..^ Q& "5""l ~j(\,\..-~ \}..J(,-u\ ~ C.o.Uo~ l4..~~-
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Agenda Item No. 6E
June 22, 2004
Page 2 of 2
~ h. ., <~'~ "
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EXECUTIVE SUIVI~IARY
Petition VA-2001-AR-1706, Mark and Shirley Dowdy represented by Timothy Hancock, AICP,
of Talon Management, Inc., requesting a 14-foot after-the-fact variance from the required 20-
foot rear yard setback to 6 feet for accessory structures and a 4-foot after-the-fact variance from
the required 25-foot rear yard setback for principal stmcturcs to 21 feet, for property.1ocated at
316 Flamingo Avenue, further described as Lot 12, Block U, Conners Vanderbilt Beach Estates
Unit 3, Section 29, Township 48 South, Range 25 East.
OBJECTIVE:
The petitioner requests after-the-fact variances for a single-family house located at 316 Flamingo
Avenue.
CONSIDERATIONS:
The applicant requests an after-the-fact variance of 14 feet in the Residential Single-Family
(RSF-3) zoning district from the minimum required 20-foot rear yard setback for accessory
structures, to 6 feet, to allow a pool and screen enclosure to remain; and an after-the-fact
.- variance of 4 feet from the minimum required 25-foot rear yard setback for principal structures,
to 21 feet, to allow a portion of a newly constructed house to remain.
The encroachments resulted from incomplete information submitted on the Building Permit
application and accepted and approved by the County. In addition, the Spot Survey, which is
designed to catch encroachments when construction is at the concrete slab stage, was approved
in error, resulting in a finished house at the time the encroachments were finally discovered.
The south (rear) property line of the subject lot is in the canal. Therefore, according to the Land
Development Code (LDC), rear yard setbacks are measured from the seawall.
The pool deck of the house is more than 4 feet above the top of the seawall. Therefore,
according to the LDC, the rear yard setback for accessory structures is 20 feet, not 10 feet.
The Building Permit application for the subject house was submitted with the rear setbacks
measured from the property line in the water (incorrect), not the seawall (correct). Also, the
setback for the pool and screen enclosure shown on the Building Permit application is 10 feet
(incorrect), not 20 feet (correct).
The following chronology indicates the major points from submittal of the Building Permit to
processing this Variance petition:
11/14/00
The Building Permit application for the house and pool deck is submitted to the
County with the rear yard setback indicated as 25 feet for the house and 10 feet
--
radD3A3A.tmp
Page 1 of 5
Agenda Item No. 7 A
June 22, 2004
Page 1 of 48
11/27/00
1/3/01
2/15/01
3/28/01
3/28/01
811/01
811/01
9/14/01
9/14/01
1014/01
un/o1
radD3A3A.tmp
for the screen enclosure (both incorrectly measured from the property line in the
water, not the seawall).
The Building Permit is approved by the County with the rear yard setback
indicated as 25 feet for the house and 10 feet for the screen enclosure.
The Building Permit is issued by the County.
First inspection. Approved.
The Spot Survey is submitted to the County and is denied, because the survey
indicates a 25-foot setback (for the house) and a 10 foot setback (for the screen) to
the property line in the water, but no dimension is indicated to the seawall.
The Spot Survey is resubmitted to the County (to a different Permitting Tech)
with the survey indicating the dimension to the seawall (6.6 feet), however, the
approved (circled) dimensions were the 25 feet (house) and 10 feet (screen). The
Spot Survey is approved; therefore, construction is permitted to continue
r-:-<
e;'/s
An Express Building Permit application for a ~creen enclosure is submitted which
indicates a setback of 10 feet from the seawall. (But the required setback is 20
feet, as required by the height of the pool deck.)
An Express Building Permit application for a screen enclosure is approved and
issued by the County indicating a setback of 10 feetfrom the seawall.
The SpotlFinal Survey for the screen is submitted, indicating 6.6 feet to the
seawall and 10 feet to the property line.
The Spot/Final Survey for the screen is denied by the County because it did not
meet the required rear yard setback.
Final inspection for the house.
A Variance application for the apparent 4-foot encroachment of the screen
enclosure is submitted to the County.
Page 2 of 5
Agenda Item No. 7 A
June 22, 2004
Page 2 of 48
< "".. . ~. .... .....~.. .......... ~>. " . ,,' ,'.. ..~~... P.... ...... ",_'.: ."c .._..... .....,.;'..,;,j"'"",_..... ~
11/9/01
The Building Review & Permitting Department Director authorizes issuance of
Temporary Certificate of Occupancy (at this time it is believed the encroachment
is only for the screen).
2102
The Variance petition was tentatively scheduled for the March 7, 2002 CCPe
meeting, however, upon a site visit, County staff observed encroachments of stairs
into both the east and west side yards; and that the pool deck exceeded 4 ft in
height above the seawall (requiring a 20-foot setback). In addition, because of the
incorrect measurement from the seawall, a portion of the house (pool bath) was
found to encroach by 4 feet into the rear yard setback.
The petitioner subsequently met with the planner and the Community
Development and Environmental Services Administrator. He had photos of other
waterfront houses in the area, which, he stated, did not meet rear yard setbacks.
The Administrator directed Code Enforcement to investigate the allegation. The
investigation revealed 5 other structures with the possibility of similar
encroachments. As of this writing, 3 other variance petitions have been submitted
to the Department of Zoning and Land Development Review for variances similar
to the subject petition.
--
The petitioner states that the side yard encroachments of the stairs will be corrected. Therefore
the petitioner requests a variance for only the two rear yard encroachments.
It should be noted that these events occurred in 2001 and 2002. Since that time, the Community
Development and Environmental Services Administrator has instituted procedures to make this
situation more difficult to occur. Spot surveys are no longer approved "over-the-counter"; they
are reviewed by a Planning Technician. Spot Surveys for waterfront lots are now required to
submit an elevation indicating height above the seawall, in order to determine if the setback is
required to be 10 feet or 20 feet.
FISCAL IMPACT:
Approval of this petition will have no fiscal impact on Collier County.
GROWTH MANAGEMENT IMPACT:
Approval of this variance will not affect or change the requirements of the Growth Management
Plan; therefore there is no Growth Management Impact associated with this petition.
ENVIRONMENTAL ISSUES:
There are no unusual environmental issues associated with this petition.
-
radD3A3A.tmp
Page 3 of 5
Agenda Item No. 7 A
June 22, 2004
Page 3 of 48
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC did not review this petition because the EAC docs not normally hear variance petitions.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This petition was heard at the May 20, 2004 Planning Commission meeting. After presentations
by the petitioner, County Staff, and 4 citizens, the CCPC asked questions and discussed the
petition. The discussion centered around the chronology of the application process for the
Building Permit, the erroneous and incomplete information submitted by the applicant, the
culpability of the County Staff in accepting and approving an application with incomplete
information, and in approving a Spot Survey with incorrect setbacks.
The petitioner presented letters of no objection from the neighbors to the east and west; however,
a speaker presented an e-mail objection from the neighbor to the west (the property was sold in
February 2004 and the previous owner had no objection but the new owner objected).
Commissioner Adelstein made a motion to recommend denial, because the information presented
to the County on the Building Permit was incomplete and incorrect and that the house is too big
for the lot using the correct setbacks. Commissioner Richardson seconded the motion. The
CCPC voted to forward petition VA-2001-AR-1706 to the Board of Zoning Appeals with a
recommendation of denial by a vote of 9 to O.
STAFF RECOMMENDATION:
The primary intent of a variance is to alleviate a hardship inherent in a piece of land. In this
case, the applicant's hardship is not a land related hardship but rather a financial one as well as a
practical one. Staff recognizes that the financial hardship rather than the hardship associated
with the land does not historically warrant staffs recommendation for approval. However, it is
important to recognize that each variance application and consideration given by staff is given in
relationship to all of the required evaluative criteria as defined by the Land Development Code
and their relationship to all of the other factors associated with a petition. and the subject
property. All properties in Collier County have their own unique set of (,.-rrcumstances and
development issues as they relate to the regulatory criteria staff applies, and staff has evaluated
the set of circumstances associated with the subject property in relationship to the required
criteria. In this case, there are mitigating circumstances associated with this request. Staff has
weighed the issues associated with the project and recognizes the following. The building
permit was submitted by the Builder with incomplete and incorrect information, which resulted
in incorrect setbacks, however, the Building Review and Permitting Department approved it with
those incorrect setbacks. The encroachments are not directly adjacent to another residence, but
border a canal, which mitigates their impact. The encroachments are blocked from view by the
neighbors to the east and west by a mature hedge, which mitigates their impact. Adjacent
properties, while built at lower elevations, nevertheless have similar structures that enjoy
setbacks to the same or similar degree, thus mitigating the impact of the subject property's
encroachments. Additionally, the literal interpretation of the setback requirement will create a
practical difficulty for the applicant in that without the use of a variance, it is likely a portion of
the pool and enclosure, and a portion of the primary structure will have to be physically removed
radD3A3A. trnp
Page 4 of 5
Agenda Item No. 7 A
June 22,2004
Page 4 of 48
in order to meet the setback requirements. Finally, the granting of the requested variance in
staff s opinion will not be injurious to the neighborhood, or otherwise detrimental to the public
welfare. For these reasons, Staff recommended that the Collier County Planning Commission
forward Petition V A-2001-AR-1706 to the Board of Zoning Appeals with a recommendation of
approval and recommends the same for the Board of County Commissioners.
radD3A3A.tmp
Page 5 of 5
Agenda Item No. 7 A
June 22, 2004
Page 5 of 48
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
7A
Item Summary
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition: VA-2001-AR-1706. Mark and
Shirley Dowdy represented by Timothy Hancock. of Talon Management, Inc.,
requesting a 14-foot after-the-fact variance from the required 20-foot rear yard
setback to 6 feet for accessory structures and a 4-foot after-the-fact variance
from the required 25-foot rear yard setback for principal structures to 21 feet, for
property located at 316 Flamingo Avenue, further described as Lot 12. Block U,
Conners Vanderbilt Beach Estates Unit 3, Section 29, Township 48 South,
Range 25 East.
Meeting Date
6/22/2004 9:00:00 AM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & land Development Director
Date
Zoning & land Development Review
5/26/200410:58 AM
Approved By
Ray Bellows
Chief Planner
Date
Community Development &
Environmental Services
Zoning & land Development Review
5/2612004 2:25 PM
Approved By
Sandra Lea
Executive Secretary
Community Development &
Environmental Services Admin.
Date
Community Development &
Environmental Services
51271200410:4a AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
6/1/20049:12 AM
Approved By
Pat Lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
6/1/2004 10:38 AM
Approved By
Mark Isackson
Budget Analyst
Office of Management & Budget
Date
County Manager's Office
6/1/200412:15 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
6/1/20043:17 PM
Approved By
leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
Agend<t)tmb.QJ~..pM
June22, ~004
p~~", 0 vr 48
Co1N"~r County
- ~~ .-
STAFF REPORT
COLLIER COUNTY PLANNING COM1\HSSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MAY 20, 2004
SUBJECf: PETITION VA-2001-AR-1706 (DOWDY VARIANCE)
PROPERTY OWNER/AGENT:
OWNER:
Mark & Shirley Dowdy
49564 Nautical Drive
New Baltimore, MI 48047-2334
AGENT: Tim Hancock, AICP
Talon Management, Inc.
3898 Tamiami Trail North, Suite 202
Naples, FL 34103
REQUESTED ACTION:
The applicant requests an after-the-fact variance of 14 feet in the Residential Single-Family
(RSF-3) zoning district froIT. the minimum required 20-foot rear yard setback for accessory
structures, to 6 feet, to allow a pool and screen enclosure to remain~ and an after-the-fact
variance of 4 feet from the minimum required 25-foot rear yard setback for principal structures,
to 21 feet, to allow a portion of a newly constructed house to remain.
GEOGRAPIDC LOCA nON:
The subject parcel is located at 316 Flamingo Avenue, further described as Unit 3, Block D, Lot
12 of Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East,
Collier County, Florida.
VA.2001.AR-1706 May 20, 2004] Page 1 'Jf 10
Agenda Item No. 7 A
June 22, 2004
Page 7 of 48
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Agenda Item No. 7 A
June 22, 2004
Page 9 of 48
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VA-2001-AR-1706 May 20,2004] Page 4 of 10
Agenda Item No. 7 A
June 22, 2004
Page 10 of 48
PURPOSEfDESCRIPTION OF PROJECT:
This variance request was submitted on November 7, 2001. The request was for a 4-foot
encroachment into the 100foot rear yard setback for accessory structures.
The Land Development Code (LDC), in Division 6.3, Yard, waterfront, defmes this yard as "the
required open space extending along the entire waterfront property with depth measured from
property line, bulkhead, shoreline, seawall, mean high water mark, access easement, whichever
is the most restrictive." The building permit application was approved with the 100foot rear yard
measured from the rear lot line, which is waterward of the seawall. The error was detected prior
to approval of the final survey and the matter was referred to the Planning Services Department
(now the Department of Zoning and Land Development Review) for a variance.
Upon conducting a site visit, the planner discovered additional encroachments.
Stairways on the east and west sides of the house encroached more than the 3 feet
permitted by Section 2.6.4 of the LDC.
The pool deck exceeded 4 feet in height above the seawall, which, according to Section
2.6.2.2 superscript 3 of the LDC, requires a waterfront setback of 20 feet for a pool and
screen enclosure. Therefore, the rear yard encroachment is 14 feet, not 4 feet as stated in
the application.
A bathroom, which projects 6 feet from the rear of the rest of the house, is 21 feet from
the edge of the seawall. The required rear yard is 25 feet; therefore it encroaches 4 feet
into the rear yard.
Upon being informed of the additional encroachments, the petItIOner stated that numerous
similar encroachments exist in the Vanderbilt Beach area. The Community Development and
Environmental Services Administrator agreed to allow !r.e petiti0T1 to be put "on hold" while a
survey of the area was conducted. This resulted in a significant delay from the time of
application until scheduled public hearings. Approximately six homes with similar
circumstances were discovered.
The Building Review and Permitting Director issued a "Temporary Certificate of Occupancy"
pending the outcome of this variance petition.
Section 2.6.4.2, Minor after-the-faet encroachments, of the LDC authorizes the Planning
Services Director (now the Director of the Department of Zoning and Land Development
Review) to approve encroachments of up to 25 percent of the required yard for structures for
which a building permit has been issued and construction is under way, but for which a
Certificate of Occupancy has not been granted, where the encroachment does not result from
error or action on the part of the applicant. The variance request for the principal structure is 4
feet. Twenty-five percent of the required rear yard (25 feet) is 6.25 feet, therefore the variance
for the principal structure qualifies for an Administrative Varianc:e.
According to Section 2.6.4.2 of the LDC, the requested 14-foot variance~~lteqo.iHni JtA
June 22, 2004
Page 11 of 48
VA.2001-AR-17.16 May 20, 2004] Page 5 of 10
foot rear yard for the accessory structures exceeds the 25 percent maximum (5 feet).
The petitioner states that the encroaching stairs shall be modificd to meet Code. Because the
encroachment for the accessory structures requires a variance, Staff has included a variance for
the principal structure, which would ordinarily be remedied by an Administrative Variance. The
variance petition, therefore, seeks relief from the rear yard encroachment of the house (4 feet)
and of the pool and screen enclosure (14 feet).
SURROUNDING LAND USE & ZONING:
SUBJECT:
Single-family house with a temporary CO, zoned RSF-3
SURROUNDING:
North:
East:
South:
West:
Flamingo Avenue ROW, across which is a vacant lot; zoned RSF-3
Single-family house, zoned RSF-3
Canal
Single-family house, zoned RSF-3
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located in the Urban Mixed Use District, Urban Residential Subdistrict
designation of the Future Land Use Map of the GMP.
The GMP does not address individual variance requests; but focuses on the larger issue of the
actual land use. The subject petition seeks a variance from the dimensional standards for a single
family house, therefore, the actual use is consistent with the Future Land Use Map. Based upon
the above analysis, staff concludes that the proposed use for the subject site is consistent with the
Future Land Use Element, although the variance request is not specifically addressed.
ANALYSIS:
Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning
Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the
provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to
assist the Commission in making a determination. Staff has analyzed this petition and offers the
responses to the items in Section 2.7.5.6 as follows:
1. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
Yes. The accessory structures are subject to an additional 10 feet of setback because the
pool deck is over 4 feet higher than the seawall.
The petitioner states that he could build up the seawall so that the pool deck is not more
-. than 4 feet higher than the seawall, thereby reducing the accessory setback from a
requirement of 20 feet to a requirement of 10 feet. The only limit to seawall height is the
Agenda Item No. 7 A
June 22, 2004
VA-2001-AR-1706 May 20, 2004] Page60t 10 Page 12 of 48
maximum height of 4 feet for fences and walls. The petitioner states that this would be
unsightly and would still require a (smaller) variance.
2. Are there special conditions and circumstances, which do not result from the action
or the applicant such as pre-existing conditions relative to the property, which is the
subject of the variance request?
No. The requirement for a 20- foot rear yard for accessory structures was in effect at the
time of issuance of the building permit
However, the building permit was approved with a 10-foot setback and with that setback
being measured from the property line & not the seawall.
3. Will a literal interpretation of the provisions of this zoning code work unnecessary an
undue hardship on the applicant or create practical difficulties for the applicant?
Yes. A literal interpretation of the Code will create practical difficulties for the applicant.
The building permit was submitted by the applicant and approved by the Building Review
and Permitting Department with incorrect setbacks. The error was not noticed until the
fmal survey.
The house was constructed with the incorrect setbacks. It would create practical
difficulties for the applicant to remove portions of the house and pool and reconstruct it.
4. Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, building or structure and which promote standards or
health, safety and welfare?
No. The RSF-3 zoning district permits single-family homes with a minimum square
footage of 1,000 square feet. The subject house is larger than the minimum required floor
area, and therefore, a reasonable use of the land would be possible without this variance.
However, the variance is the minimum variance to allow a reasonable use of this structure
(as it is shown on the site plan) to become a conforming structure. Approval of the
variance should not have a negative impact on the standards of health, safety and welfare.
5. Will granting the variance confer on the applicant any special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning
district?
Yes. The granting of the variance would allow a house with a smaller rear yard than other
houses in the RSF-3 district to remain.
6. Will granting the variance be in harmony with the general intent and purpose or this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
VA-2001-AR-1706 May 20, ::004] Page 7 of 10
Agenda Item No. 7 A
June 22, 2004
Page 13 of 48
No. The Land Development Code provides for specific required yards, therefore this
variance will not be in harmony with the LDC.
Normally, Staff would not consider a rear yard encroachment adjacent to a canal as being
injurious to the neighborhood. However, in this case, the LDC requires a greater setback
so that the additional height above the seawall does not block neighbors' views. In this
particular case, both immediately adjacent properties have hedges that disrupt the same
view of the canal that the encroachment does.
Additionally, comments were received from a neighbor stating that the encroachment
would be injurious to the neighbors across the canal and to the boating public (as well as
not conforming to the Code which, in general, is injurious).
7. Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
Yes. The encroachment is into the rear yard, adjacent to a canal. The encroachment is
ameliorated by tall hedges on the adjacent east and west property lines, which disrupt the
same view of the canal that the encroachment does
In staffs opinion, the canal is an ameliorating factor for the residents on the opposite side
of the canal and adequately addresses compatibility.
8. Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance petition will not affect or change the requirements of the Growth
Management Plan.
EAC RECOMMENDA nON:
The Environmental Advisory Council does not normally hear variance petitions, and did not hear
this variance.
STAFF RECOMMENDATION:
Traditionally, if a variance is not approved, the encroaching structure or portion of the structure
must be removed. In this case, the petitioner has the ability to apply for an Administrative
Variance to remedy the encroachment of the principal structure.
Staff originally analyzed this petition in 2002. Since that time, a change was made to the
variance criteria, which allowed consideration of "practical difficulties". An amendment to the
LDC was also approved which permitted encroachments of up to 25 percent of the required yard
to be approved if the encroachment is not due to error or action on the part of the applicant.
In the case of the pool and screen enclosure, the petitioner may increase the height of the seawall
so that the pool deck is less than 4 feet higher than the seawall. That wo'Agemi8t ltemrNpliU
June 22, 2004
Page 14 of 48
Page 8 of 1 0
VA-2001-AR-1706 May 20. 2004)
rear yard of ten feet, instead of 20 feet. The petitioner's rendering indicates that the pool itsc':' is
ten feet from the seawall, therefore only the screen enclosure would encroach. The screen
enclosure could then be moved or a variance for the 4-foot encroachment could be sought.
However, the petitioner believes that increasing the height of the seawall (creating a view of a
blank wall) would be more injurious to the neighborhood than the granting of the variance for the
subject encroachment.
Although the building permit was submitted by the Builder with incorrect setbacks, it was
approved by the Building Review and Permitting Department with incorrect setbacks. The
encroachments are not directly adjacent to another residence, but border a canal. In addition, it
appears that the petitioner will encounter practical difficulties if the variance is not granted.
Therefore, Staff recommends that the Collier County Planning Commission forward a
recommendation of approval of Petition V A-2001-AR-1706 to the Board of Zoning Appeals,
subject to the following condition:
1. The variance is limited to the rear yard encroachments depicted on Exhibit A. Any other
encroachment requires a separate variance.
VA-2001-AR-1706 May 20, 2004) Pa:lE' 9 of 10
Agenda Item No. 7 A
June 22, 2004
Page 15 of 48
. PREPARED BY:
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FREf> S~ AICP. F~CIPAL PLANNER DATE
DEPARTMENT OF ZON NG AND LAND DEVELOPMENT REVIEW
RI:VIEWED BY:
j~-___ S-s--Oi
RA Y B L WS, CHIEF PLANNER DATE
DEPAR , ENT OF ZONNG AND LAND DEVELOPMENT REVIEW
,J~An Cf/);:kJ:_JL,ftR7- r- j -- 0 i
stSAN MURRAY, AIC?, DIRECTOR DATE
DEPARTMENT OF ZONiNG AND LAND DEVELOPMENT REVIEW
APPROVED BY:
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J6S.PH K. SCHMITT, Aj~RA TOR DATEI'
CCIMMUNlTY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
COLLIER COUNTY PlANNING COMl\-nSSION:
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DATE
Tentatively scheduled for t lC June 22. 2004 Board of Zoning Appeals Meeting
.
VA-;'OO1-AR-1706 May 20. 200.4J Page 1001 10
VA-2001-AR-1706 May 20, 2004J Page 10 of 10
Agenda Item No. 7 A
June 22, 2004
Page 16 of 48
November 6, 2001
Vanasse _
Daylor
Fred R:ischl
Plannin g Services
2800 1\ Horseshoe Drive
Naples FL 34104
Urbin Plinning
undmpe Architecture
Gril Engineering
RE: Flamingo Avenue Variance
VA-2001-AR-1706
PROJECT #2001110010
DATE: 11/7/01
FRED REISCHL
T rillic Engineering
E!l'Iironmentil Science
fL 366
Dear Fred;
I represent Mr. and Mrs. Dowdy, the property owners at 316 Flamingo Avenue. The
Dowd)s are nearing completion of construction for their new home and pool. When the
Dowdys obtained their building permit to construct the home and the attached pool and
pool cage, the plans were reviewed by the County and approved for construction.
Subsequent to the construction of the home, pool and pool cage, the County indicated to
the Dowdys that the required rear yard setback or distance from the pool cage to the edge
of the property line was approved incorrectly. While the County had apparently
measured rear yard setbacks from the property line for adjacent property owners, the
current Zoning Ordinance requires that it be measured from the existing sea wall.
The pool cage on the Dowdy property is at approximately the same location as the pool
cages (In the neighboring properties. The properties are well screened from each other
and it is our position that the Dowdys' property should be viewed and approved in a
[ashior. similar to that of its neighbors. Therefore a variance is requested for this property
Enclosed you will find 15 copies of the site plan plus a check in the amount of $850.
Should you have any questions please feel free to C:lIL
Regards,
VanasscDaylor,
;J#;;iW
Tim Hancock, AlCP
Vice President
Agenda Item No. 7A
June 22, 2004
3001 TamiamiT1il North. Suite 206. Naples. Florida 34103 T 941.403.0223 F 941.263.5096 w vanday.c"mpage 17 of 48
Fort Hym . Ihpln Hilmi
VARIANCE PETITION
(VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICl)
Commission District:
VA-2001-AR-1706
Date Petition Received: PROJECT #2001110010
- DATE: 11/7/01
. FRED REISCHL
Planner Assigned: _
Petition No.
ABOVE TO BE COMPLETED BY STAFF
GENERAL INFORMATION:
Petitioner's Name: Mark and Shirley Dowdy
Petitioner's Address: 49564 Nautical Drive
New Baltimore, Michigan 48047
Telephone: (810)725-1651
Agent's Name: Vanasse & Davlor - Tim Hancock
Agent'sAddress: 3001 Tamiami Trail North, Suite 206
Naples, FL 34103
Tclephone: 403-0223
COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING
SERVICES/CURRENT pLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-24OOIFAX (941) 643-6968
AppIIcatloa _ VarIace PedUoa -.".
Agenda Item No. 7 A
June 22, 2004
PqeF~ 18 of 48
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary) .
Name of Homeowner Association: N / A
Mailing Alidress
City
State _ Zip
Name of Homeowner Association:
N/A
Mailing Address
City
State _ Zip
Name of Homeowner Association: N / A
Mailing Address
City
State _ Zip
Name of Master Association: N I A
Mailing Address
City
State _ Zip
Name of Civic Association: N / A
Mailing Address
City
State _ Zip
PROPERlY DESCRIPTION:
Legal Description of Subject Property:
Conners Vanderbilt Bch. Est.
Subdivision: Unit 3
Lot (s) 1 2
Block (s) U
Section 29
Twp. 48
Range 25 Property In. # 27636440004
Metes & Bounds Description: See attached survey.
AppUc:atloD rer VartaMe Pdt&.-1I9I
Agenda Item No. 7 A
June 22, 2004
h&e~!O 19 of 48
,
>-. .-...
Address of Subject Property: 316 Flamingo Ave. Naples, FL 34108
(If different from Petitionee's address)
Current Z~ning and Land use of Subject Parcel: RSF - 3 Single Fami ly Res.
Adjacent Zoning & Land Use:
ZONING
LAND USE
N RSF-3 Sinqle Family Residential
S RSF-3 Single Family Residential
W RSF-3 Single Family Residential
E RSF-3 Single Family Residential
Minimum Yard Requirements for Subject Property:
Front:
30'
Comer Lot: Yes 0
No fi
Side:
/'-6'
Waterfront Lot:
Yes I])
No 0
25'
Rear:
AppIIcatloa Cor V.... hddu. -.".
Agenda Item No. 7 A
June 22, 2004
Pace j'~ 20 of 48
Nature of Petition
Provide a cd.ailed explanation of the request including what structures are existing and what is
proposed; 'he amount of encroachment proposed using numbers, i.e. reduce front setback from
25' to 18'; when property owner purchased property; when existing principal structure was
built (inclu Ie building permit number (s) if possible); why encroachment is necessary; how
existing en coachment came to be; etc.
We arE requesting a variance for an existing 1-1/2 story
singlE -family residence with pool enclosure. The pool deck
setbac'k is ten feet from the property line. New setbacks are
being measured from the seawall and our screen cage sets at
the ecge of the pool deck. The enclosure encroaches four
feet 1+/-) into this area. The screen cage and pool deck
are tEn feet from the property line but only six feet from
the sEawall. The. property owner purchased the property in
July cf 1995 and the existing structure was permitted Novem-
ber 2eoo (permit #2000110840).
The qeneral contractor built the enclosure per Collier County
aooro\'ed site drawings and constructed the enclosure on the
edqe (;f the retaining wall aligning exactly with adjacent
enclo~;ures located on both sides of property. The plans and
day spot survey were both approved by Collier County. After
final buildinq was approved the county requested a final site,
surve~ showinq all improvements on the property, after review-
ing the final site survey the county informed the general
contractor the enclosure should be ten feet off the seawall
instead of ten feet off the property line which does not
correspond with the neighboring enclosures.
~UoII Cor v..... PdIaea-8IM
Agenda Item No. 7 A
June 22, 2004
hce..fii1ie 21 of 48
I
Please note that staff and the Collier County Planning Commission sball be guided in their recommendation to the
Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or
deny a variance petition by the below listed criteria (1.8). (please address this criteria using additional pages if
necessary.)
1. Are there ~;pecial conditions and circumstances existing which are peculiar to the location, size and
charactenstics of the land. slIUcture. or building involved.
No.
2. Are there special conditions and circumstances which do not result from the action of the applicant
such as pre-existing conditions relative to the property which is the subject of the variance request.
Yes~ we erected the enclosure to the exact setbacks of
existinq enclosures on either side of said property.
3. Will a literal interpretation of the provisions of this zoning code worle unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant
Yes, the enclosure~ if moved would be on the pool
C09inQ not allowinq pool cleaners to access the area.
4. Will the variance. if granted, be the minimum variance that will make possible the rasooable use of
the laud. buiJdiDg or ltIuCtIm:and which promote staDduds ofhea1th, safety or welfare.
Yes.
AppIIcaIloa (or Vuiaace P~-1I9I
Agenda Item No. 7 A
June 22, 2004
Pace 5 ifcIge 22 of 48
I
5. Will granting the variance requested confer on the petitioner any special privilege that is denied by
these zc,ning regulations to other lands. buildings, or structures in the same zoning distriCL
NO, we are requesting the variance to allow n~ to have
exactly what our adioining neiqhbors have (see photos).
6. Will gr.l.oting the variance be in hannony with the intent and purpose of this zoning code, and not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
Ye&.
7.. Are there natmal conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf course, etc.
No.
8. Will granting the varimce be coasisteDt with the growth mmagcment plan.
Yes, previously Collier County used setbacks from the
pl~tted property lines, not the seawall. The adjoining
two neighbors have exactly what we are asking for.
ApplIcation for Vutace PeCI6oa-1I9I
Agenda Item No. 7 A
June 22, 2004
Pacell~ 23 of 48
~
\
---
~
\f!IJ
VARIANCE PETITION
APPLICATION SUBMITTAL CHECKLIST
THIS COJ\lPLETED CHECKLIST IS TO BE SUBMITIED WITH APPLICATION
P ACKET~
REQUIREMENTS #OF
COPIES REQUIRED
1. Completed Application 15
2. Completed Owner/Agent Affidavi~ Notarized 1
3. Pre-application notes/minutes 15
4. Survey of property, showing the encroachment 1
(measured in feet)
5. Site Plan depicting the following: 15
a) All property boundaries & dimensions
b) All existing and proposed structures (labeled as such)
c) North arrow, date and scale of drawing
d) Required setbacks & proposed setbacks
6. Location map depicting major streets in area for 1
reference
7. Application fee, checks shall be made payable to -
Collier County Board of Commissioners
8. Other Requirements - -
As the authorized agentlapp1ic:ant for this petition. I attest that all of the information iodicatcd on this C'~Jt-l;~ is
included ill this aubmiaal pac:bgc. I UDdcntmd that failure to include aU necessary submiUal information may
result in the delay of processing of this petdioD..
Applicant! Agent Signature
Date
AppUcaUoa Cor Vutua PetltIh - 11M
Agenda Item No. 7 A
June 22, 2004
Pa&el-c(~e 24 of 48
.
e
dCOJ
--
V A-2001-AR-17(16
PROJECT #2001110010
DATE: 11/7/01
FRED REISCHL
AFFIDA VIT
We/I, -L!!..#I'L f S/fi8..G-I ~r.A.fl>Y beingfirst duly sworn. depose and ~~ay that we/I
am/are the owners of th,~ property described herein and which is the subject matter of the
proposed hearing; that I,ll the answers to the questions in this application. illcluding the
disclosure of interest information. all sketches, data, and other supplementary matter attached to
and made a part of this application, are honest and true to the best of our knowledge and belief.
Well understand that thc~ information requested on this application must be complete and
accurate and that the con!ent of this form. whether computer generated or County printed shall
not be altered. Public hearings will not be atf:vertised until this application is deemcuJ complete,
and all required informati'Jn has been submitted.
As property owner Well futther authorize Iiu ;/,r"vC{X:t) 1ft CP to act
as our/my representative i.1 any matters regarding this Petition.
/4~~~
Signature of Property 0lt'1r;z..--
~~ t1.,(Jd~
. Signature of P lfJerty Owner .
/11rf~/L 4, ))~'>WV7/
Typed or Printed Name of Owner
5 t-I ( f?-L.';:--I 4 7Jv ,.vb 'I
Typed or Printed Name of Own.~
The foregoing M:~ ''('U acknowledged IHifon ""Hhis (P .jh day of ()cJ. ~
w ~ by {J):JItK ~ ~ ~"J!:~t/~: IS personally hIown to r has produced
State of FIorid4
County of Collier
5'Ff1ClAL NorARYSEAl.
CHRIsTY MAY
Nor AR. ( PUBLIC STATE OF FLORIDA
COMMISSION NO. CC99329S
MY Q>MMISSION EXP. FEB. 3
ApfIbtJea fer Variuce Petlt.-1J9I
. Details
Page 1 of J
., L-.. Folio No.1 27636440004 toap
....
:::. . .,._.-
Current Ownershi
Property Address 316 FLAMINGO AVE
.....---Own.r Nama DOWDY, MARK "":oBi SHIRLEY A
Addresses 49564 NAUTIC-'L DR
City CHESTERFIELD:J
Statei MI
I
Z1.rn~
L
I
I SllbNo.
'1.l !.I.U..c~
Leg811 CONNER'S VANDERBIl.T BCH EST
UNIT 3 BLK U lOT 12
ACllIs
0..22
Township
43
1
Section
-
29
j
~
Range
25
I
Map No.
3A29
234100
CONNERS VANDERBilT BCH EST #3
SINGLE FAMILY RESIDENTIAL
2003 Final Tax Rolf Values
latest Sales History
rt:and Valu. $ 493,120.0.0.
(+) Improved Value $ 352,861.0.0.
("') Mar1tet Valuu $ 845,981.00
H SOt! Exempt Valli. $ 0.0.0
("') Assessed Value S 845.981.00
H Homestead and other Exempt Vallle $0.0.0
(=:. T auble ValiJu $ 845,981.00
Date Book. Page Amount
12/200.0 2,757 - 9.17 $0..00
0.711995 2080 -224 $147,000.00
1011992 17S9 . .1641 $0..00
)
SOH '" . Save Our Homes' exempt ValUE! dl e to cap on assessment
increasElS.
~........'
-
The Information is Updated Weekly.
.-
Agenda Item No. 7A
June 22, 2004
Page 26 of 48
http;/lwww.coUierappraiser'.conlRecordDetail.asp'lFoliolIFOOOOO27636440004 4/19/2004
e
e
-
. Division of Corporations
Florida Profit
TALON MANAGEMENT, INC.
PRINeIP AL ADDRESS
6506 AUTUMN WOODS BLVD.
NAPLES FL 34109
MAILING ADDRESS
PO BOX 9229
NAPLES FL 34101
Changed 02/05/2003
Document Number
P0200008152'~
FEI ~umber
010706840
Date filed
07/29/2002
State
FL
Status
ACTIVE
Effective Date
NONE
Registered Agent
Page I of2
Name & Address
IIANCOCK. TIMOTHY
6506 AUTUMN WOODS BLVD.
NAPLES fL 34109
~
]
I
I
Agenda Item No. 7 A
June 22. 2004
Page 27 of 48
http://www.sunbiz.orglscriptStcordet.exe?al=DETFIL&nl=P02QOOO8 I 529&n2=NAMf'/... 4/19/2004
Officer/Director Detail
Name & Address II Title I
HANCOCK. TIMOTHY D
6506 i\UnJMN WOODS BL YD.
NAPLES FL 34109
Annual Reports
n
II
Report Year
2003
Filed Date
0205!2OC'3
Setbacks per Section 2.6.2 of the LDC
(drawings not to scale)
Waterfront rear yard setback for swimming pool and screen enclosure: 10 feet.
Screen /
Enclosur~
PoolDeCk~
seawall\ ~ ! 3 fl
< )
10 ft
Required, if pool deck is less than 4 ft above seawall
Waterfront rear yard setback for swimming pool and screen enclosure, where the
swimming pool deck exceeds 4 feet in height above the top of the seawall: 20 feet
Screen /
Enclosur~
PoolDeck~
Seawall ~
\ 14ft
(
)
20 ft
Required, if deck is 4 ft or more above seawall
Agenda Item No. 7 A
June 22, 2004
Page 28 of 48
----- Original Message -----
From: KENTBOBB@aolcom
To: russellbudd@sprintmail.con
Cc: hjburkhard@comcast.net
Sent: Tuesday, May 18,2004 !;:05 PM
Subject: (no subject)
AS OWNERS OF THE PROPE RTY AT 288 FLAMINGO AVE. WE RESPECTFULLY VOICE C PPOSITION TO
GRANTING ANY VARIANCES FOR MULTIPLE SETBACK/BUILDING VIOLATIONS THAT E>JST AT 316
FLAMINGO THAT HAVE A NEGATIVE IMPACT ON OUR VIEWS TO THE EAST. RESPECT=ULL Y
SUBMITTED KENT AND JANET BOBB.
5/19/2004
. "0 ~. __
. .:~~~r-i}~}~:'~'
Agenda Item No. 7 A
June 22. 2004
Page 29 of 48
"..-...
May 3, 2004
Mr. Fred Reischl, AICP
Principal Planner
Collier County Government
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Dear Mr. Reischl,
Reference your letter of April 30, 2004 to Mr. Tim Hancock for petition #V A-2OG l-AR-
1706. I sincerely hope the Planning Commission will make the recommendation the
variance request be granted to the BCC.
lIDs house has been completed for more than two years. We received construction
permits after submission of site plan and blue prints. Numerous inspections were made
and approved. When fnal C/O application was submitted, the C/O was denied. I have
learned that another hOJSe with similar set back issues was approved after my request
was denied.
None of my neighbors have complained and when asked, they spoke favorably of the
structure.' My house d(les not affect adversely anyone in my immediate proximity.
The taxing authority was advised the project was completed satisfactorily as they have
seen to tax the house fc r the last two years at the maximum levels.
Once this C/O is granted, I plan to finish the landscaping in the rear of the property and
install an appropriate d,)ck with a boat lift. As with the surrounding homes, this will
make my house blend into the community as is.
Thank you for your cOILsideration.
Sincere
Mark A. Dow
49564 Nautical Drive
New Baltimore, MI 48047
Agenda Item No. 7 A
June 22, 2004
Page 30 of 48
Planning Commissioners Of Collier County
By Fax and email
2/26/02
Dear Planning Commissioners,
I'm writing this letter in regards to V A-2001-AR-1706, a request for an after-the-fact
variance for a new construc:tion at 316 Flamingo Avenue. It has been placed on your March 7,
2002 agenda. The petitioner for property in question has requested a four-foot variance from
rear-offset requirements fo' an accessory structure (pool deck) as per the notice I receive from
the Planning Services Depmtment. I believe Planning Services may have been misinformed by
the petitioner about the nat Me and amount of variance required on this permit.
The LDC requires new construction on a vacant lot in the Vanderbilt Beach area to have
a 10-foot setback from the seawall for accessory structures and a 25-foot setback for the actual
residence. In addition, if the accessory structure (such as a wall to support a patio or pool) is to
be built and if its height ist feet or greater above the top of the seawall, then a setbac{ of an
additional 10 feet is requimd. This property has the pool deck built 6 feet above the seawall
nXjuiring therefore the fhll setback of 20 feet from the seawall. The requested variance should
therefore have been for 14 feet not for 4 feet.
The house itself is liet back 21 feet from the seawall, not the required 25 feet. A four-foot
variance is required also fc r the house.
Unfortunately, I have intimate knowledge of the lack of precedent for issuing an after-
the-fact variance ofthis SlDstance. We built a home on this same street in 1998. A surveying
error resulted in placement of the home out of compliance with the front setback requ irement by
5 feet. We could not receive a variance. The reason, which I agreed was very good, was" Ifwe
give an after-the-fact variance for this type of error, then it will allow all builders to come in with
"mistakes" of the same type and ask for variances just like this." Even though our builder made
an honest mi~take, he tore the house down and started over. The builder at the start of the second
house made doubly sure that the structure was in compliance. In addition, when our house was
planned, we were not aware nor was our builder of the additional offset requirement in the rear
for height above the seawa II. When this was discovered, and the house was set five f.~et father
back on the property, we !,Here forced to shorten our pool deck by five feet to fit within the
requirements. One formal variance was granted on the property. That was for a fish cleaning
station on our dock. It W'd:; 1 1/2 inches out of compliance with the dock-offset requi:-ements.
We are all concem~ with oversize structures being proposed and sometimes approved
for our area. The house in question has two major problems and does not complying with the
present LDC code. An after-the-fact variance of this magnitude should not be forthcoming.
Respectfully Y oun;,
Fr'~tlala,~
Frank Halas
President: Vandert ilt Beach Property Owners Association
Agenda Item No. 7 A
June 22, 2004
Page 31 of 48
.
'f1IIII
....,
10hn H. Murray
206 Flamingo Ave.
Naples, FL 34108
RECEIVED
MAR 7 - 2002
March 4. 2002
Collier C...ounty Government
Community Development and Environmen1al Services Division
Planning Services Deplrtment
2800 North Horseshoe Dr.
Naples, FL 34104
Attention: Fred Reiscbl, Principle Planner
Re:VA-2001-~-170~
Dear Sir,
I would like to strongl:, object to the issuance of a 4 foot after the fact variance fn.m the
required 10 foot rear}'fro setback for a home located at 316 Flamingo Ave.
I am sure the building ~etbacks and their intCi pretatiODS have not changed since I built my
own home at 206 Flamingo Ave in 1991. At the time the rear setback to the building was
25' and the rear setback to the pool deck area was 15'. This left me only an available
space of 10' between rear of building and rear of pool deck, so I incorporated a 6' wide
lap pool with 2 · of dec Ie on each side in order to comply with the setbacks. I would have
loved tobave had an e):tI'a 4' of deck to add to my pool deck. Are we rewarding people
for not knowing their j(,b, making errors, or not having proper supervision on the job
site?
Why should people bellefit from not following the building codes and ending up with an
additional 4' of pool deck they were not entitled to build?
4 feet is a large error. Could it have been on purpose? Please deny this variance .
Sincerely yo~
"H~y
,1..1/. /( )4('"7
I '
Agenda Item No. 7 A
June 22, 2004
Page 32 of 48
MSN Hotmail - Message
Page 1 of 1
From:
Sent:
To:
cc:
Subject :
Nancy < nancystewart4@c:omcast.net>
Wedne5ljay, May 19, 2m)l 11:38 AM
< FrankHalas@colllergov.rlet>
<palm47@msn.com>
building variance
~ I '(7 I >< I. :,,,;OX
Dear Mr. Halas,
I understand there is a meeting on l.hursday. May 20th at 8:30 am.
I do hope that the building variance in our Vanderbilt Beach area
will not be allowed. This seems to be happening too often.
We had a dock put in around 5 or 6 years ago. It took the county
2 years to inspect it and they found out it was 4" too long. We had
to have Garland and Garland corne back move the pilings and cut
the dcl('"..k. off the aml)unt needed.
We all need to abide by the existio~ codes.
Pleas.:- pass this on to the other cor 1missioners.
Thank you,
John ;:ind Nancy Stewart
435 Bayside Avenue
Naples. Florida :}4108
nancy~;:ewart4@coln(ast.net
Agenda Item No. 7 A
June 22, 2004
Page 33 of 48
'_~___I.'u_rA."-' L__.L" L_.__=1 ___ ~~_/~~: l..:_/~A+-~...?...~n=1\.A(U~1(\RdQQ7"Q.c; 1.&crtRrt=10A.~4
Sfl Q/?OO4
-
e
Vanasse
Daylor
--
~
Urban Planning
Landmpt Architectur!
November 12, 2001
Gvil Engineering
Tuffic Enginerring
En.ironmental Science
John & Phyllis Berger
364 Flamingo Ave
ij,aples, FL 34108
fL ]60
Re: Public Notification of Requested Variance
Filed for Property Located at 316 Flamingo Avenue
Dear Property Owner;
I represent Mr. and Mrs. Dowdy, your neighbor at 316 Flamingo Avenue. The Dowdys
are nearing completior. of construction for their new home and pool. When the :)owdys
obtained their building permit to construct the home and the attached pool and pool cage,
the plans were reviewfd by the County and approved for construction. Subsequ'~nt to the
construction of the home, pool and pool cage, the County indicated to the Dowdys that
the requin~d rear yard :;etback or distance from the pool cage to the edge of the property
line was approved incorrectly. While the County initially approved measuring t:le rear
yard setback from the :Jroperty line, the current Zoning Ordinance requires that it be
measured from the sea wall. This would cause the Dowdys to move their pool cage away
from the water 4 additonal feet from its existing location, placing it on or near the edge
of the pool.
The pool cage on the Dowdy property is at the same location as the pool cages en the
neighboring propertie~. The properties are well screened from each other and it is our
position that the Dow(~ys' property should be viewed and approved in a fashion ,;imilar to
that of their neighbors The County however, is requiring the Dowdys to go through a
variance procedure thel will involve public hearings before the Planning Comm.ssion and
the Board of County ( ommissioners in order to grant this variance request.
The purpose of this letter is to notify you that a variance is being requested for be
Dowdy property and to explain the nature of the variance request. This letter dces not
require a response, however, if you would like to state that you have no objection to the
proposed variance, please sign the letter below and return it to us in the enclosecl self-
addressed, stamped envelope. In addition, if you have questions regarding the proposed
variance, I encourage :/OU to contact me at the office numbers listed below. The Dowdys
seek the same enjoym4mt and opportunities on their property that their neighbor:;
Agenda Item No. 7 A
June 22, 2004
3001 Tamiami Trail Nonh. Suite 20E. Naples. Rorida 341 O~;~~tt.}o!Jil:h~~Jll~6y~~1~Q&342.Q{A.8
Fort !!yen . Naples . l1iami
-
currently enjoy and would be very appreciative of your support. Yau may also cC1ntact
the Collier County Planner assigned to this project, Mr. Fred Reischl at 403-2400.
~" ,> '" ~.....
'~;: >>.ti!tr.uoll
Very tmly yours,
VanasseDaylor
~~f
Tim Hancock, AICP
Vice President
,
I
I,
_'''i'
- "
!
l/l" . / ~>IL <:{/tA/
(Print ~>e) ~ / .
have no objection to the variance filed jor the
property located at 31 ') Flamingo Avenue.
')
. - ' i (~(ZJ..-;t/
Property oWner(s) S'iplature/ .
/
j f U.,. {':/;'/(:' /(/,//;;~i!
'Address ' ,/ I~ V. "
Agenda Item No. 7 A
June 22, 2004
1:lI'rojeClS\.401\40IS2-J.D.AlJeu..FWniDso A>e Variaacelllr to pro~~ @~f048
Vanasse
Daylor
--
r
~
Urbu Plinainl
lindmpe Architecture
November 12, 2001
GyiJ Enginminl
Trilfic Enginminl
Environmentu Science
fl l6i
Re: Public Notification of Requested Variance
Filed for Property Located at 316 Flamingo Avenue
Dear Property Owner,
I represent Mr. and Mrs. Dowdy, your neighbor at 316 Flamingo Avenue. The Dt)wdys
are nearing completion of construction for their new home and pool. When the :c owdys
obtained their building :Jermit to construct the home and t~e attached pool and pool cage,
the plans were reviewed by the County and approved for construction. Subsequent to the
construction of the home, pool and pool cage, the County indicated to the Dowdy) that
the required rear yard sdback or distance from the pool cage to the edge of the pr'Jperty
line was approved incolTectly. While the County initially approved measuring th,~ rear
yard setback from the p ~operty line, the current Zoning Ordinance requires that it be
measured from the sea 'va11. This would cause the Dowdys to move their pool cage away
from the water 4 additic,nal feet from its existing location, placing it on or near the edge
)fthe pool.
The pool cage on the Dowdy property is at the same location as the pool cages on the
neighboring properties. The properties are well screened from each other and it i:; our
position that the Dowdys' property should be viewed and approved in a fashion similar to
7".hat of their neighbors. The County however, is requiring the Dowdys to go through a
variance procedure that will involve public hearings before the Planning Commission and
the Board of County Commissioners in order to grant this variance request.
The purpose of this let:(:r is to notify you that a variance is being requested for the
Dowdy property and to explain the nature of the variance request. This letter does not
require a response, however, if you would like to state that you have no objection to the
proposed variance, plea;e sign the letter below and return it to us in the enclosed 5elf-
addressed, stamped env ~lope. In addition, if you have questions regarding the proposed
variance, [encourage yc.u to contact me at the office numbers listed below. The Dowdys
seek the same enjoymert and opportunities on their property that their neighbors
Agenda Item No. 7 A
June 22, 2004
Page 36 of 48
300 I Tamiarni Trail Norm. Suite 106. r~aples. Florida 341 031;.]",i.1.~9,loqt:t.}.o.fu~~~~ig,?f'vL~lJ~?1'~I?.IDtr oWIHn 100Z~l.dot
..
currently enjoy and wculd be very appreciative of your support. You may also contact
the Collier County Pla:mer assigned to this project, Mr. Fred Reischl at 403-2400.
~
.~..;~~
Very truly yours,
VanasseDaylor
"]. .//_hf
#k~-
Tim Hancock, AICP
Vice President
I, ft;fA~. /J t/.,r./L/1 jJ have no objection to the variance filed for the
. (Pnnt Narr e)
property located at 311> Flamingo Avenue.
~~ ~ :fry
Property OWner(s) Si~nature ~ddress
}ZA/1I-A/~{J
Agenda Item No. 7 A
June 22, 2004
1:\Projecu\40I\40182-J.D.Alleu.Flamingo Ave VariaDce\lrr 10 ~9e. a74-CDfJ.48
Vanasse
Daylor
--
~-
- ~
Urbu PlulIillC
l~dlapt Architecture
November 12, 2001
Gyil Enginurinc
Tr~ffic Enginminc
EnvirDnment~1 Idente
fl360
Re: Public N otific:1'ion of Requested Variance
Filed for Property Located at 316 Flamingo Avenue
Dear Property Owner;
I represent Mr. and Mrs. Dowdy, your neighbor at 316 Flamingo Avenue. The Dowdys
are nearing completion :>f construction for their new home and pool. When the Dowdys
obtained their building ;)ermit to construct the home and the attached pool and pool cage,
the plans were reviewec by the County and approved for construction. Subsequent to the
construction of the home, pool and pool cage, the County indicated to the Dowdy) that
the required rear yard sttback or distance from the pool cage to the edge of the prl)perty
line was approved incoHectly. While the County initially approved measuring thl~ rear
yard setback from the p ~operty line, the current Zoning Ordinance requires that it be
measured from the sea 'vall. This would cause the Dowdys to move their pool cage away
from the water 4 additic1nal feet from its existing location, placing it on or near th~ edge
'Jfthe pool.
The pool cage on the DI)wdy property is at the same location as the pool cages on the
neighboring properties. The properties are well screened from each other and it i:; our
position that the Dowdys' property should be viewed and approved in a fashion similar to
that of their neighbors. The County however, is requiring the Dowdys to go through a
variance procedure that will involve _public hearings before the Planning Commission and
the Board of County Ccmmissioners in order to grant this variance request.
The purpose of this letter is to notify you that a variance is being requested for thl:
Dowdy property and to explain the nature of the variance request. This letter does not
require a response, however, if you would like to state that you have no objection to the
proposed variance, plea5e sign the letter below and return it to us in the enclosed self-
addressed, stamped envelope. In addition, if you have questions regarding the prl)posed
variance, I encourage you to contact me at the office numbers listed below. The Dowdys
3eek the same enjoyment and opportunities on their property that their neighbors
Agenda Item No. 7 A
June 22, 2004
Page 38 of 48
300 I Tamiami Tr.lil Noro,. Suite 206, I-Japles. Aorida 34 J 03l,? 941,.4n100THDJ: ,Q4Ir263,5C191'. W YalJrlav ccm_ d
:ll'rolC<:I~,~om flBT-r. :Nrc..-F """"110 ;>'vCV:ll"l..". il'T,,'plo-~ny own:n 10-24-01. ~
--
currently enjoy and w)uld be very appreciative of your support. You may also clmtact
the Collier County Planner assigned to this project, Mr. Fred Reischl at 403-2400.
J. _
~f.'~
-~.:..o;.'~~n'I
Very truly yours,
VanasseDaylor
~~I
Tim Hancock, AlCP
Vice President
I, ~A}I IvJ 1 t \e ~~have no objection to the variance filed ::or the
~le)
property located at 315 Flamingo Avenue.
332 ~ cfw:
Address
Agenda Item No. 7 A
June 22, 2004
1:ll'rojectsl4O II40J 82-J.D,AlIen-FIomiDIO Ave Variancc\1lr to pro~~e tG9-dA8
Vanasse
Daylor
--
~
~
Urb~n PI<IllninC
Landmpe ArdliteclUu
November 12. 2001
Civil Enginminc
fraffic En gimrinc
Environmental Science
fl J6a
Re: Public Notific:ldon of Requested Variance
Filed for Property Located at 316 Flamingo Avenue
Dear Property Owner;
I represent Mr. and Mrs. Dowdy, your neighbor at 316 Flamingo Avenue. The Dowdys
are nearing completion ::>f construction for their new home and pool. \Vhen the Dowdys
obtained their building permit to construct the home and the attached pool and po::>l cage.
':he plans were reviewec. by the County and approved for construction. Subsequent to the
construction of the heme, pool and pool cage, the County indicated to the Dowdy; that
the required rear yard setback or distance from the pool cage to the edge of the property
line was approved incorrectly. While the County initially approved measuring the: rear
yard setback from the IFoperty line. the current Zoning Ordinance requires that it be
measured from the sea wall. This would cause the Dowdys to move their pool ca~e away
from the water 4 additicnal feet from its existing location, placing it on or near th,~ edge
of the pool.
The pool cage on the Dowdy property is at the same location as the pool cages on the
neighboring properties. The properties are well screened from each other and it i~; our
position that the Dowd)s' property should be viewed and approved in a fashion sinilar to
that of their neighbors. The County however. is requiring the Dowdys to go throtgh a
variance procedure that will involve public hearings before the Planning Commis3ion and
the Board of County Commissioners in order to grant this variance request.
,-
The purpose of this lettu is to notify you that a variance is being requested for the:
Dowdy property and to~xplain the nature of the variance request. This letter doe:; not
require a response. how,wer. if you would like to state that you have no objection to the
proposed variance. plea:ie sign the letter below and return it to us in the enclosed :ielf-
addressed. stamped envl~lope. In addition. if you have questions regarding the proposed
variance, I encourage yeu to contact me at the office numbers listed below. The Dowdys
seek the same enjoyrner.t and opportunities on their property that their neighbors
Agenda Item No. 7 A
June 22, 2004
Page 40 of 48
300 I Tm'liami Trail North. Suite 200. r Japles. Florida H I 031:J'rofetu~9-.~oqft.}D.fu~h~~!\~9.~lv~i~Q~~1i>1S'JIhy "WIler. Io-Z~l.doc
r__... ~...__ U I
--
seek the same enjoyment and opportunities on their property that their neighbors
currently enjoy and would be very appreciative of your support. You may also contact
the Collier County Plmmer assigned to this project, Mr. Fred Reischl at 403-2400.
Very truly yours,
VanasseHaylor
4~~t
Tim Hancock, AICP
Vice President
I, 8t ) L- g 0..JE:S \ have no objection to the variance filed fer the
(Print Nan )
property located at 316 Flamingo Avenue.
(;-L~~
2~~ A-.AK(rv~b
Address
N~PLE 5:
ft-o R-~ 0 A
Ave;
., Property Owner(s) Signature -II
~I~
>"+10<:;
Agenda Item No. 7 A
June 22, 2004
I:\Projcc\J\401\40182-J.D.Allen-Flamingo Ave Variance'<<ll>os" 2 hrlo ~aQEt,MIQt 48
Vanasse __
Dc.ylor
~
Urbin PlilIning
landmpe ArchiteclUn
November 12, 2001
GviI Engineering
Traffic Enginuring
Env:ronmentaJ Science
it 360
Re: Public Notification of Requested Variance
Filed for Property Located at 316 Flamingo Avenue
Dear Property Owner;
I represent Mr. and Mrs. Dowdy, your neighbor at 316 Flamingo Avenue. The Do)wdys
are nearing completion of construction for their new home and pool. When the r:: owdys
obtained their building Jermit to construct the home and the attached pool and pool cage,
the plans were reviewed by the County and approved for construction. Subsequent to the
construction of the home, pool and pool cage, the County indicated to the Dowdys that
the required rear yard sdback or distance from the pool cage to the edge of the pnperty
line was approved incOIrectly. While the County initially approved measuring th.: rear
yard setback from the p 'operty line, the current Zoning Ordinance requires that it be
measured from the sea wall. This would cause the Dowdys to move their pool cage away
from the water 4 additic.nal feet from its existing location, placing it on or near th~ edge
<:lfthe pool.
The pool cage on the Dowdy property is at the same location as the pool cages on the
;Jeighboring properties. The properties are well screened from each other and it i~; our
position L"out the Dowdys' property should be viewed and approved in a fashion similar to
that of their neighbors. The County however, is requiring the Dowdys to go through a
variance procedure that will involve public hearings before the Planning Commission and
the Board of County Commissioners in order to grant this variance request.
The purpose of this letwr is to notify you that a variance is being requested for th<:
Dowdy property and to ~xplain the nature of the variance request. This letter doe3 not
require a response, how~ver, if you would like to state that you have no objection to the
proposed variance, plea:;e sign the letter below and return it to us in the enclosed 3elf-
addressed, stamped env.:lope. In addition, if you have questions regarding the proposed
variance, I encourage yc,u to contact me at the office numbers listed below. The Dowdys
seek the same enjoymer.t and opportunities on their property that their neighbors
Agenda Item No. 7 A
June 22, 2004
Page 42 of 48
3001 Tlmiami Trail North. Suite 20!J. t~aples. Aorida H I 031;l1ro;jI\~9ao%?}.o.~?th~K~~?~~~Q~~'~f?~ ownetS 1()'2~l.doc
--
currently enjoy and would be very appreciative of your support. You may also contact
the Collier County PI~nner assigned to this project, Mr. Fred Reischl at 403-240(1.
~
:<..;,~
Very tmly yours,
VanasseDaylor
'7. .11 __~{
#k~-
Tim Hancock, AlCP
Vice President
I, UfH~ 1\. 'IN 11~)U--rr
(Print Name)
have no objection to the variance filed for the
property located at 315 Flamingo Avenue.
(~:'k. - ~
--Propett.y'Owner(s) Signature
32.7 Ft-AII,,".qo A~6,,/lIe
Address
Agenda Item No. 7 A
June 22, 2004
1:\Projcall4Otl4OI 82-J.D.A11cn-Flamin&o Ave Yorian<;e\ltr 10 propcQ~e 43-0.f,A8
'~ r :': '. i .' ~ D
Vanasse _
Daylor
Urb. P1annill
Landscape ArchitfCturt
November 27, 2001
Fred Reisch}
Planning Services
2800 N Horseshoe Drive
Naples, FL 34104
Civil Enginming
hffic Enginttrinl
EnvirOllmentJI Science
fl 366
RE: Flamingo Variance #V A-2001-AR-1706
Dear Fred;
Enclosed you will find a follow up to the public participation portion of the LDC
requirements for a Valiance request. We have mailed letters to property owners, within
500 feet, surrounding lhe property located at 316 Flamingo Avenue. The letters enclosed
are "letters of no objection" we have received from that mailing. In particular, the
immediate neighbors tJ the property have both signed a "letter of no objection" to the
request for a variance. Also attached is a list of all property owners notified by mlil.
Should you have any <juestions please let me know.
Regards,
Vanasse Daylor
~w~ /l&{)
Amanda Metz
Project Coordinator
Agenda Item No. 7 A
June 22, 2004
300, Tamiami Trail North, Suite 206, Naples, Florida 34103 T 941.403.0223 F 941.263.5096 w vanday.com Page 44 of 48
Fort Hyen - Napl~ - "iiJlli
Paul Garrity
14 New Road
Madison, CT 06443
Thad Browning & Lisa Henson
321 Heron Ave
Naples, FL 34108
Jacqueline Scheppner
332 Flamingo Ave
Naples, FL 34108
Gregory & Eva Boll
844 Anchor Rode Dr
Naples, FL 34103
Stephen Petty
17654 Boat Clud Dr
Fort Myers, FL 33908
Mark Dunlap
359 Flamingo Ave
Naples, FL 34108
Edward Mills
291 Heron aye
Naples, FL 34108
Janet E Paul
307 Heron A v(:
Naples, FL 34]08
John & Phyllis Berger
364 Flamingo Aye
Naples, FL 34108
William & Je3.lme Hall
348 F]amingo Ave
Naples, FL 34]08
Mark & Shirley Dowdy
49564 Nautical Dr
New Balitmore, MI 48047
Paul & Susan Sweet
288 Flamingo Ave
Naples, FL 34] 08
Joseph & Dorthy Miller
254 Flamingo Aye
Naples, FL 34108
Lee & Peggie Nielsen
3970 Leeward Passage Ct #102
Bonita Springs. FL 34134
Craig & Elizabeth Wilbrett
3606 Enterprise Ave
Naples, FL 34104
Robert Marsh
58 Rodman St
Marragansett, IU 02882
Agenda Item No. 7 A
June 22, 2004
Page 45 of 48
RESOLUTION NO. 04-_
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY RELATING TO
PETITION NUMBER VA-200I-AR-1706, FOR AN
AFfER-TIIE-FACT VARIANCE OF 14 FEET FROM
THE REQUIRED 20 FEET TO 6 FEET FOR
ACCESSORY STRUCIlJRES AND AN AFTER-TIIE-
FACT VARIANCE OF 4 FEET FROM TIIE
REQUIRED 25 FEET TO 21 FEET FOR A
PRINCIPAL STRUCTURE IN AN RSF-3 ZONING
DISTRICT FOR PROPERTY HEREINAFfER
DESCRIBED IN COLLIER COUNTY. FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS. the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a 14-foot after-the-fact variance from the
required 20 foot rear yard setback to 6 feet for accessory structures, and a 4-foot after-the-fact
variance from the required 25-[Dot rear yard setback for principal structures to 21 feet, as
shown on the attached plot plan, Exhibit "A". in an RSF-3 Zoning District for the property
hereinafter described, and has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations
and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development
Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented;
NOW, TIIEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier
County, Florida, that:
Petition V A-200I-AR-1706 filed by Tim Hancock, AICP, of Talon Management, Inc.,
representing Mark and Shirley Dowdy, with respect to the property hereinafter described as;
Lot 12, Block U, Unit 3, Connors Vanderbilt Beach Estates, as recorded in Plat
Book 3, Page 89, of the Official Records of Collier County, Florida
be and the same hereby is approved for a 14-foot after-the-fact variance from the required 20
foot rear yard setback to 6 feet for accessory structures and a 4-foot after-the-fact variance
from
Agenda Item No. 7 A
June 22, 2004
Page 46 of 48
the required 25-foot rear yard setback for principal structures to 21 feet, as shown on the
attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said property is
located, subject to the following condition:
1. This variance is limited to the rear yard encroachments depicted on Exhibit A. Any
other encroachment requires a separate variance.
BE IT RESOLVED that this Resolution relating to Petition Number V A-
2001-AR-1706 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2004.
A TrEST:
DWIGHT E. BROCK. Clerk
BOARD OF ZONI~G APPEALS
COLLIER COUNTY. FLORIDA
DONNA FIALA, CHAIRMAN
Approved as to Form
and Legal Sufficiency:
Marjorie M. Student
Assistant County Attorney
Agenda Item No. 7 A
June 22, 2004
Page 47 of 48
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Agenda Item No. 7 A
June 22, 2004
Page 48 of 48
.
EXECUTIVE SUMMARY
Consideration of an ordinance adopting a recodification and revision of the County's
Land Development Code, to become effective on September 27, 2004.
OBJECTIVE: To consider approval of an ordinance adopting a recodification and revision of
the County's Land Development Code (LDC). This LDC revision is known temporarily as the
Unified Land Development Code, or UDC, to distinguish it from the existing LDC. If adopted,
this ordinance and recodified UOC would not become effective until 12:01 A.M., Monday,
September 27, 2004, except as to UDC ~ 5.06.06., pertaining to political signs which will
become effective upon filing of this Ordinance with the Department of State. The UDC revises
the structure and format of the existing LDC without altering the substance of the existing
provisions and will provide a platform for future amendments of substantial portions of the LDC.
CONSIDERATIONS: On October 30,1991, the Collier County Board of County Commissioners
(Board) adopted Ordinance No. 91-102, the original Collier County LDC, which became
effective on November 13, 1991. The current LDC, having been subsequently amended by
over three dozen ordinances (not counting the numerous ordinances for each new or amended
PUD) comprising a total of eighteen (18) supplements, has been in place for nearly thirteen
years without a comprehensive overview. The prior amendments, having been made in an
orderly, but piece-meal manner, have resulted in unintended internal inconsistencies in the
regulations and sometimes-conflicting definitions.
-.......-.....
During the Spring of 2002, in an effort to ease the use of the LDC by staff, applicants, and the
general public, the Board, under Contract # 02-3293, approved The Gail Easley Company to
perform professional services to update the LDC. The Gail Easley Company is well known in
Florida planning circles for its demonstrated ability to assist local governments with their land
development regulations to provide greater clarity and conciseness. The scope of services of
the contract with the Easley firm was directed to updating and simplifying the LDC's format,
including a revised section numbering system used to identify individual provisions. The UDC
being considered at this meeting was largely the result of the Easley firm's efforts working in
conjunction with a team comprised of County staff and interested individuals from the regulated
industry and the public. These efforts included a Board workshop on proposed revisions held
on April 29, 2003. Additionally, Ms. Easley and her associates have engaged in many meetings
with the County staff to develop the finished product.
The substance of the five operative Articles of the existing LDC (1 through 3, 5 and 6) has been
relocated into nine functionally related Chapters (1 through 6 and 8 through 10), which combine
the regulations into a more logical and coherent framework. Significantly, other than those
changes designed to update and harmonize the Definitions' section (UDC ~ 1.08.02.), the UDC
does not contain any new substantive text, with one exception. A new Appendix H has been
created which cross-references the existing LDC provisions into the UDC numbering system.
This appendix is a set of comparative tables for each Article, Division, & Section (and some sub-
sections, where relevant) of the existing LOC detailing where, by Chapter and Section in the
UDC, the corresponding provision may be found if it's being recodified. Additionally, a number
of Divisions of the LOC are being relocated to the Code of Laws and Ordinances because they
are not considered to be land development regulations. Other provisions that are more
procedural or administrative in nature are being recommended to be relocated into a new
,'- Administrative Code that would be proposed if the Board adopts this Ordinance. Certain
Page 1 of a
Agenda Item No. 8A
June 22, 2004
Page 1 of 9
provisions that are no longer required or legally effective are not being included as part of the
UDC. One such division, LDC Div. 1.7, pertaining to Vested Rights, however, will be rewritten
as part of the second cycle of LDC amendments in the latter part of this year. Lastly, a new
feature of the UDC is that defined terms, i.e., those set forth in UDC ~ 1.08.00, are printed in
bold ALLCAPS, such that the defined term "Development" would appear in the text of the UDC
as DEVELOPMENT.
A further benefit of text "relocation" has been that many unnecessary or inconsistent provisions
have been eliminated, resulting in a "thinner" body of regulations in the UDC. Further
reductions from the size of the existing LDC were achieved by creating tables listing the
complete set of uses in every zoning district along with new tables compiling all of the
corresponding property development regulations applicable to each zoning district.
Extreme efforts have been taken to ensure no errors have occurred in the revision and
recodification process, including follow-up checks by our consultant of staff's insertion of the text
of Supplements 16, 17, & 18 into the UDC format. However, errors are possible and
procedures for addressing such errors, as detected, have been contemplated. The intended
effect of these procedures is to ensure that no application requests under review (either before
or after the effective date of the UDC) will be adversely affected for any significant period of
time. A few of the error correction procedures contemplated are: a) adding any needed
provisions into a PUD ordinance prior to its approval; b) adoption of a scrivener's error
ordinance, when appropriate for the type of error; or c) amending the UDC in Cycle 2, if time
allows.
Procedurally, because there will be no substantive amendments to any of the uses or zoning
districts, only one Collier County Planning Commission (CCPC) and Board meeting, and no
evening meetings, are required to recodify the Collier County Land Development Code. The
UDC has been presented to, and favorably reviewed by, the Development Services Advisory
Committee and the CCPC (please refer to the Summary Sheets). Although the CCPC held one
public hearing on May 6, 2004, that meeting was continued until May 20, 2004, to address an
advertising issue. At its May 20th meeting, the CCPC continued its further consideration of the
UDC due to the volume of information that was otherwise presented to it, which included various
land use petitions and glitch amendments to the Growth Management Plan, as well as the UDC.
The CCPC also decided to have a workshop on June 11, 2004, in order to engage ilJ an open
discussion involving any questions and concerns that it may have with any of the UDC
provisions. This workshop has been advertised and is open to the public. The CCPC's final
recommendation and finding of consistency with the Growth Management Plan is anticipated to
be made to the Board on June 17, 2004. The Board is requested to make its final vote at
today's hearing on the adoption of the proposed Ordinance.
FISCAL IMPACT: No additional fiscal impacts beyond the costs already expended for
consultant services are anticipated. Those costs to date have totaled approximately $90,000.
GROWTH MANAGEMENT IMPACT:
The proposed recodification and revisions in the UDC are consistent with and implement the
Goals, Objectives, and Policies of the GMP.
1___
RECOMMENDATION: That the Board consider a motion to approve the proposed Ordinance,
including Exhibit A, the Land Development Code of Collier County, Florida, the title of which
follows:
Page 2 of 3
Agenda Item No. 8A
June 22. 2004
Page 2 of 9
Ordinance No. 04-
An Ordinance Of The Board Of County Commissioners Of Collier County, Florida, Recodifying
The Collier County Land Development Code, Which Includes The Comprehensive
Regulations For The Unincorporated Area Of Collier County, Florida, By Superceding
Ordinance Number 91-102, As Amended; Providing For: Section One, Recitals; Section Two,
Findings Of Fact; Section Three, Recodification Of The 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, Including An Amendment to Sec. 5.06.06
Political Signs; Chapter 6 - Infrastructure Improvements And Adequate Public Facilities
Requirements, Including Sec. 6.01.00 Generally, Sec. 6.02.00 Adequate Public Facilities
Requirements, Sec. 6.03.00 Wastewater Systems And Improvements Standard, Sec. 6.04.00
Potable Water Systems And Improvements Standards, Sec. 6.05.00 Water Management
Systems And Drainage Improvement Standards, Sec. 6.06.00 Transportation System
Standards; Chapter 7 - Reserved; Chapter 8 - Decision-Making And Administrative Bodies,
Including Sec. 8.01.00 Generally, Sec. 8.02.00 Board Of County Commissioners, Sec. 8.03.00
Planning Commission, Sec. 8.04.00 Board Of Zoning Appeals, Sec. 8.05.00 Building Board Of
Adjustments And Appeals, Sec. 8.06.00 Environmental Advisory Council, Sec. 8.07.00
Historic/Archaeological Preservation Board, Sec. 8.08.00 Code Enforcement Board; Sec.
8.09.00 Community Development And Environmental Services Division; Chapter 9 -
Variations From Code Requirements, Including Sec. 9.01.00 Generally, Sec. 9.02.00
Development With Vested Rights, Sec. 9.03.00 Nonconformities, Sec. 9.04.00 Variances;
Chapter 10 - Application, Review, And Decision-Making Procedures, Including Sec. 10.01.00
Generally, Sec. 10.02.00 Application Requirements, Sec. 10.03.00 Notice Requirements, Sec.
10.04.00 Review And Action On Applications For Development Orders And Petitions For
Revisions To The Official Zoning Map, The LDC, Or The GMP, Sec. 10.05.00 Revisions To
Development Orders, Sec. 10.06.00 Appeals, Sec. 10.07.00 Enforcement, Sec. 10.08.00
Conditional Uses Procedures, And Appendices A Through H, Including A New Appendix "H"
Of Cross-References BetvYeen The LDC And UDC; Section Four, Repealer; Section Five,
Conflict And Severability; Section Six, Publication as The Collier County Land Development
Code; And Section Seven, Effective Dates.
Page 3 of 3
Agenda Item No. 8A
June 22, 2004
Page 3 of 9
COLLIER COUNT Y
BOARD OF COUNTY COMMI,:)..::iIONERS
Item Number
SA
Item Summary
Item to be heard at 1 :00 p.m. Consideration of an ordinance adopting a
recodification and revision of the County's Land Development Code. to become
effective on September 27, 2004.
Meeting Date
6/22/20049:00:00 AM
Ap}roved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6f10/2004 10:41 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
6f12f2004 1:52 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/14/20044:45 PM
Approved By
Patrick G. White
Assistant County Attorney
Date
County Manager's Office
County Attorn:!y Office
6f4f2004 1 :19 PM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & land Development Director
Date
Zoning & land Development Review
6/4/2004 2:06 PM
Approved By
Sandra lea
Executive Secretary
Community Development &
Environmental Services Admin.
Date
Community Development &
Environmental Services
6/4f2004 4:20 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
6f612004 4:37 PM
Approved By
Pat lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
6f712004 8:17 AM
Agenda Item No. 8A
June 22, 2004
Page 4 of 9
ORDINANCE NO. 04-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING
ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, RECODIFICATION OF THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING
THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS,
INCLUDING SEC. 1.01.00 mLE, SEC. 1.02.00 AUTHORITY, SEC.
1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00
APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND
INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00
LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINmONS;
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 DISTRIClS;
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, INCLUDING AN
AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 -
INFRASTRUCTURE IMPROVEMENlS AND ADEQUATE PUBLIC
FACIUTlES 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 HISTORICIARCHAEOLOGICAL 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}\genda Item No. 8A
June 22,2004
Page 5 of 9
Page 1 of 5
'~"'-"'" ~
9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00
NONCONFORMmES, SEC. 9.04.00 VARIANCES; CHAPTER 10-
APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC.
10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE
REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON
APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS
FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC,
OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT
ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00
ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES
PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A
NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE
LDC AND UOC; SECTION FOUR, REPEALER; SECTION FIVE,
CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SEVEN, EFFECTIVE DATES.
RECITALS
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land
Development Code (LOG), 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
hearing on May 20, 2004, which was continued for a separately advertised final
consideration and vote on June 17, 2004, and did take affirmative action concerning
these revisions to the LOC, including finding that the provisions of the proposed
recodifICation of the LOC 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 hearing
on May 25, 2004, which was continued for a separately advertised final adoption hearing
on June 22, 2004, and did take affirmative action concerning these revisions to the LOG;
and
WHEREAS, the revisions to, and recodification of, the LOC does not substantively
alter in any way the prior existing LOC text and the substantive provisions of this
Ordinance are hereby detennined 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
Agenda Item No. 8A
June 22,2004
Page 6 of9
WH EREAS, on March 18, 1997, the Board of County Commissioners adopted
Resolution 97-177 establishing local requirements and procedures for amending the LOC;
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
Govemment Comprehensive Planning and Land Development Regulations Act
(hereinafter the "Act"), is required to prepare and adopt a Growth Management Plan also
referred to as a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular 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 01" 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, FAC.
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 ~effija Item No. 8A
June 22, 2004
Page 7 of 9I
Page 3 of 5
regulation are compatible with and further the objectives, policies, land uses, and
densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
9. Pursuant to Section 163.3194(3)(b) F.S., a development approved or
undertaken by a local govemment 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 9 163.3202 (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.
SECll0N FIVE:
CONFLICT AND SEVERABILITY.
Page 4 of 5
Agenda Item No. 8A
June 22, 2004
Page 80f9
In the event this Ordinance conflicts with any other ordinance of Collier County or
of any other statute, code, local resolution, regulation or other applicable federal, state, or
local law, the more stringent standard, limitation, or requirement shall govem 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:
PUBLICATION AS THE COLLIER COUNTY LAND
DEVELOPMENT CODE.
The provisions of this Ordinance as set forth in Exhibit A, being adopted and
enacted as the Official Land Development Code of Collier County, Florida, shall be so
published. The provisions of Exhibit A of this Ordinance may be corrected as to any
misspellings, formatting, or numbering errors; and may be renumbered or relettered, and
the word "ordinance" may be changed to "section," .chapter," or any other appropriate
word, as part of the publishing process, so long as the substance and intent of the
adopted provisions is not altered in any way.
SECTION SEVEN: EFFECTIVE DATES.
This Ordinance shall become effective, after filing with the Department of
State, at 12:01 AM on September 27th, 2004, except as to the provisions of LDC Section
5.06.06. pertaining to Political Signs, which will become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 22nd day of June, 2004.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attomey
Page 5 of 5
Agenda Item No. 8A
June 22, 2004
Page 9 of 9
'"",'~--.;.. ~, .." .;->. ~.. " ...... - ~ , ~.;'''''-'~'.::''.7 -~"'.'''~ ..
-
Executive Summary
Recommendation to adopt an Ordinance amending Collier County Ordinance No. 72-1, as amended,
also cited as Section 122-81 of the Collier County Code of Laws and Ordinances, which created the
Collier County Lighting District, to add a reference to the area described, and to correct a scrivener's
error to the legal description for Trade Center of Naples, Trade Center of Naples Replat of Lots 44 &
45, Industrial Village, Industrial Village No.2, Kathleen Court, Lot 155 J & C Industrial Park, and
J & C Industrial Park; providing for inclusion in Code of Laws and Ordinances; providing for
conflict and severability; and providing an effective date.
OBJECTIVE: That the Board adopt an Ordinance amending Ordinance No. 72-1, as amended, to
add a reference to the district and to correct a scrivener's error in the legal description for the Trade
Center of Naples and J & C Industrial Park areas.
CONSIDERATIONS: On December 17, 2003, 1he Board adopted Ordinance No. 2003-65
amending Ordinance 72-1, as amended, to add Trade Center of Naples, Trade Center of Naples
Replat of Lots 44 & 45, Industrial Village, Industrial Village No.2, Kathleen Court, Lot 155 J & C
Industrial Park, and J & C Industrial Park to the Collier County Lighting District. A scrivener's
error was noted in the legal description, which needs to be con'ected. The corrected legal description
is noted on the attached Ordinance.
---
The County Attorney's Office recommended that a reference he added to the described area, in order
to better distinguish this area in the Code Book.
FISCAL IMPACT: There is no fiscal impact associated with this amendment.
GROWTII MANAGEMENT IMPACT: There is no growth management impact associated with
this item.
RECOMMENDA nON: That the Board adopt the attached Ordinance, which has been reviewed
and approved by the County Attorney's Office, which amends Ordinance No. 72-1, as amended, by
adding a reference to the described area and correcting a scrivener's error to the legal description for
the Trade Center of Naples and J & C Industrial Park areas.
-.
Agenda Item No 88
June 22, 2004
Page 1 of 4
Item Number
Item Summary
Meeting Date
Approved By
Jeff Klatzkow
County Manager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
88
Recommendation to adopt an Ordinance amending Collier County Ordinance
No. 72-1, as amended, also cited as Section 122-81 of the Collier County Code
of Laws and Ordinances, which created the Collier County Lighting District, to
add a reference to the area described, and to correct a scrivener's error to the
legal description for Trade Center of Naples. Trade Center of Naples Replat of
Lots 44 & 45, Industrial Village, Industrial Village No.2, Kathleen Court, Lot 155
J & C Industrial Park, and J & C Industrial Park; providing for inclusion in Code
of Laws and Ordinances; providing for conflict and severability; and providing an
effective date.
6/22/2004 9:00:00 AM
Assistant County Attorney
Date
County Attorney Office
5/25/2004 4:35 PM
Approved By
Robert W. Tipton, P.E.
Transportion Services
County Traffic Operations Engineer
Date
Traffic Operationsl A TM
5/25/20045:12 PM
Approved By
Diane B. Flagg
Transportion Services
Traffic Operations and Alt Trans
Modes Director
Date
Traffic Operationsl A TM
5/25/20045:26 PM
Approved By
Norm E. Feder, A1CP
Transportion Services
Transportation Division Administrator
Date
Transportation Services Admin.
6/11/20043:43 PM
Approved By
Pat lehnhard
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
6/11/20046:02 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
6/121200412:23 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/141200412:10 PM
Approved By
Diane Perryman
Transportion Services
Executive Secretary
Date
Transportation Services Admin.
6/4/2004 4:58 PM
Agenda Item No 88
June 22, 2004
Page 2 of 4
ORDINANCE NO. 2004-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72-1,
AS AMENDED, ALSO CITED AS SECTION 122-81 OF THE COlLIER
COUNTY CODE OF LAWS AND ORDINANCES, WHICH CREATED THE
COLLIER COUNTY liGHTING DISTRICT; TO ADD A REFERENCE TO
THE DISTRICT DESCRffiED, AND TO CORRECT A SCRIVENER'S ERROR
TO THE LEGAL DESCRIPTION FOR TRADE CENTER OF NAPLES, TRADE
CENTER OF NAPLES REPLAT OF LOTS 44 & 45, INDUSTRIAL VILLAGE,
INDUSTRIAL VILLAGE NO.2, KATIILEEN COURT, LOT 155 J & C
INDUSTRIAL PARK, AND J & C INDUSTRIAL PARK; PROVIDING FOR
INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABIUTY; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COlLIER COUNTY, FlDRIDA that:
SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 72-1, AS
AMENDED, ALSO CITED AS SECTION 122-81(102) OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES
Section One of Collier County Ordinance No. 72-1. as amended, also cited as Section
122-81 (102) of the Collier County Code of Laws and Ordinances, is hereby amended as follows:
TRADE CENTER OF NAPLES, TRADE CENTER OF NAPLES REPLAT OF LOTS 44 & 45.
INDUSTRIAL VILLAGE, INDUSTRIAL Vll.LAGE NO. 2. KATHLEEN COURT, LOT 155
J & C INDUSTRIAL PARK, and J & C INDUSTRIAL PARK. which is more particularly
described as follows:
All that land in the North 1/2 of Section II, Township 49 South, Range ~ 25 East, Collier
County Florida. which is more particularly described as:
All of the North 1/2 of Section II. Township 49 South, Range ;!,9 25 East, less and except the
South 1/2 of the Northeast V4 of said Section 11 and the East 1758 Feet more or less of the
South 330 Feet more or less of the South 1/2 of the North LIZ of the Northeast 1/4 of said Section
11, as described in O.R. Book 2412 at Page 1773, also being Lots 21 through 36 of Industrial
Village Two an unrecorded plat by Bruce Green ~d Associates, Dated 6/18/1973, inclusive, of
the Public Records of Collier County, Florida.
SECTION TWO:
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
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION THREE: CONFLICT AND SEVERABillTY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a
Page 1 of 2
Agenda Item No 8B
June 22, 2004
Page 3 of4
Words underlined are added; words slFllek IRreuel1 are deleted.
separute. distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR:
EFFECTIVE DATE
This Ordinance shall take effect 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:
DWlGHf E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COlllER COUNTY, FLORIDA
BY:
DONNA FIALA, Chailman
ciency:
-,
Page 2 of 2
Agenda Item No 88
June 22, 2004
Page 4 of 4
Words !mdcrli.ned lire added: words ~t...ek tArAY"!. ..... <i.-I...""
.-_ ~J"l"..;, .;,.._..-....,.,;J~.:-.._.,.;c-"--.,,,...,.,..-..'""",.... .".~ _.... ...,.- .. .- ....". _~ "",,,_,_,-,,;_,',,,.c.,"."''';;'';';'. .,;,;",
EXECUTIVE SUMMARY
Public Hearing to consider the adoption of an Ordinance establishing The Quarry
Community Development District (CDD) pursuant to Section 190.005, Florida
Statutes (FS).
OBJECTIVE~
The objective of this public hearing is for the Board of County Commissioners to review
and consider a petition for the establishment of The Quarry COD by adoption of an
ordinance.
CONSIDERATION:
On May 10, 2004 Centex Homes filed a petition with the Collier County Board of County
Commissioners for the establishment of The Quarry COO. A mandatory $15,000,00
application fee accompanied the petition.
.".....-.
The proposed district covers 958.63:1: acres of land in portions of Sections 14, 13, 23 and
24, Township 48 South, Range 26 East. The district is located entirely witltin Collier
County, Florida. Exhibit 1 depicts the general location of the project. A map showing
the location of the land area to be serviced by the district appears as Exhibit 3 of the
petition. The metes. and bounds description of external boundaries is set forth in Exhibit
1 of the petition.
The COD includes a portion of a previously approved Planned Unit Development (PUD)
and Development of Regional Impact (DR!) known as Heritage Bay. The proposed COD
includes an area planned for approximately 3,450 units and amenities on 958.63:1: acres.
As of May 23~ 2004, the advertising date for this COD, no PUD amendment petitions for
this project had been filed with Collier County.
By adopting the ordinance and granting the petition, the Board of County Commissioners
authorizes the district. through its Board of Supervisors, to manage and finance basic
infrastructure for the benefit of the landowners and residents of Heritage Bay. This
infrastructure. under section 190.012(1). FS, includes basic urban systems, facilities and
services: water supply. sewers and wastewater management, surface water control and
management (drainage), and roads. bridges and street lights. If adopted, this ordinance
would not constitute consent by the County to the further petition for the exercise of
additional special powers authorized by Section 190.012(2), FS.. These powers may
include the operation of parks and. facilities for indoor and outdoor recreational, cultural
and educational uses, as well as security, including, but not limited to. guard-houses,
fences and gates, electronic intrusion-detection systems and patrol cars, with certain
exceptions. In order to gain these additional powers, the newly created Board of
Supervisors would need to further petition the Board of County Commissioners at a later
date.
--
Agenda Item No. 8e
June 22, 2004
Page 1 Of 46
The Board of Supervisors is initially elected for the first six years of the duration of this
district in a property-based election (one acre, one-vote) that has been specifically ruled
constitutional [State of Florida v. Frontier Acres Community Development Dist., 472 So.
2d 455 (Fla. 1985)]. By operation of law, in time, the Supervisors are elected on a one-
person, one-vote basis.
In order to provide the basic systems, facilities and services, the district has certain
management and financing powers. It may only exercise those powers, however, if they
comply with certain strict and detailed procedural requirements including ethics in
government, disclosure, conflict of interest requirements, noticed meetings, government-
in-sunshine conduct, accounting and reporting requirements to various local and state
agencies. consultants' competitive negotiation procedures, competitive bidding
procedures and others.
The adoption of the CDD ordinance docs not constitute a form of development approval.
Adoption of the CDD and compliance with these procedural requirements does not, in
any way, allow the district to manage and finance any of these services and facilities
without showing that all legitimate policies, constraints, authorities, controls, permits or
conditions on the development of the land, whether local, regional, state or federal, and
whether in the form of policies, laws, rules, regulations or ordinances, have been
compiled with concerning development of the property. In essence, adoption for the
CDD ordinance does not exempt the petitioner from compliance with any applicable
local, regional, state or federal permitting or regulatory processes. In this sense, the CDD
is merely a mechanism to assure the County and the landowners of the district that the
provision of infrastructure and services for the PUD is managed and financed in an
efficient and economical way. Finally, in order to prevent potential abuses of districts by
landowners or by other local governments, the Florida Legislature permits that the charter
of the district. in the general statute itself, may be amended only by the Legislature.
In order to provide these systems, facilities and services, the district also is given certain
eminent domain powers, within tight constraints, as well as the authority to require
service charges, fees or taxes for the various services rendered, ranging from installation
of capital facilities to long-term maintenance and repair. Without the County's consent
by resolution, the aforementioned eminent domain power is limited to the boundaries of
Heritage Bay CDD.
The district may also issue revenue and other user bonds as well as general obligation
bonds. However, no general obligation bonds can be issued without a referendum and
without a showing that the bond will not exceed 25% of the assessed valuation of the
property within the district. Even with these safeguards and constraints, during the fIrst
six years of the district's existence, the Board of Supervisors shall not issue general
obligation bonds unless they fIrst hold elections on a (me-person, one-vote basis for a
new Board of Supervisors.
-
Agenda Item No. 8e
June 22, 2004
Page 2 ~ 46
Accordingly, if Collier County adopts the ordinance, it establishes The Quarry
Community Development District as a management tool to benefit both Collier County's
existing and future landowners with pinpointed responsibility for timely, efficient,
reliable and flexible service provision without burdening the existing taxpayers and
financial structure of the County. In addition, the district is also a financing tool, off the
balance sheet of the County and the developer. It will provide long-range and sustained
quality service to initial and subsequent landowners without burdening Collier County
and its taxpayers.
Finally, such a district may not outlive its practical utility and usefulness. If it ceases to
function it will automatically be disbanded by state law. If at any time during its
existence Collier County determines by a non-emergency ordinance that it can provide
anyone of the district services in a more economical manner, over the long term, a lower
cost but with higher quality, Collier County may then take that service away from the
district and provide the service itself.
Section 190.005, FS, provides that the exclusive and uniform method for establishment of
a CDD of less than 1,000 acres shall be by county ordinance. Section 190.005, FS,
outlines the specific content required in the petition and further outlines six factors for the
Board of County Commissioners to consider in determining whether to grant or deny a
petition for the establishment of a CDD, as follows:
1. Whether all statements contained within the petition have been found to be
true and correct.
2. Whether the creation of the district is inconsistent with any applicable
element or portion of the state comprehensive plan or of the effective local
government comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size,
is sufficiently compact, and is sufficirntly contiguous to be developable as
one functional interrelated community.
4. Whether the district is the best alternative available for delivering
community development services and facilities to the area that will be
served by the district.
5. Whether the community development services and facilities of the district
will be incompatible with the capacity and uses of existing local and
regional community development services and facilities.
6. Whether the area that will be served by the district is amenable to separate
special-district government.
Legal, planning, transportation and public works staff have reviewed the petition and
exhibits submitted by the petitioners (attached) relative to these six factors and have
found the proposed Quarry CDD petition to be compliant with each of the six review
factors. Staff analysis relative to the six factors can be found in Attachment 1.
Agenda Item No. 8e
June 22, 2004
Page 3 Gl46
According to Exhibit 8 of the petition, The Quarry Community Development District,
providing the ordinance is adopted, will assume responsibility for the following:
(1) General development of the approved uses within the district
(2) Roadways
(3) Stormwater Management
(4) Water
(5) Sewer
FISCAL IMPACT:
As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit 5 of
the petition, Statement of Estimated Regularory Costs, delineates the fiscal impacts and
timing of impacts to be managed by the district. Table 2 in Exhibit 5 estimates the costs
of the district's facilities is $112,765,265. Included in this estimate are stormwater
management, utilities, roads, water management, mitigation and related fees and
permitting.
DISTRICT RESPONSmLITIES:
According to Exhibit 5 of the petition, The Quarry Community Development District,
providing the ordinance is adopted, will assume the responsibility of the following:
(1) General development of the approved uses within the district
(2) Roadways
(3) Storm water Management
(4) Water
(5) Sewer
GROWTH MANAGEMENT IMP ACT:
The Quarry CDD lies within the Rural Settlement Area District designation on the Collier
County Future Land Use Map. Although the establishment of this district does not
constitute any development approval, the plan of development previously approved for
the subject property has been determined to be consistent with the Collier County Growth
Management Plan (OMP). Accordingly, any future petitions for rezone or development
permits will be subsequently reviewed at the time of submittal, and will be subject to the
requirements and limitations specified in the Collier County Land Development Code
(LDC), and will be required to be consistent with the current GMP.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt and enact the proposed
ordinance establishing The Quarry Community Development District.
-
Agenda Item No. 8e
June 22, 2004
Page 4 ~ 46
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
BC
Public Hearing to consider adoption of an Ordinance establishing The Quarry
Community Development District (CDD) pursuant to section 190.005. Florida
Statutes (F.S).
6/2212004 9:00:00 AM
Prepared By
Glenn Heath
Community Development &
Environmental Services
Principal Planner
6f712004 11 :47:39
AM
Compnahensive Planning
Date
Approved By
Stan L1tslnger
Community Development &
Environmental Services
Comprehensive Planning Director
Comprehensive Planning
61111200411:15 AM
Patrick G. White
Date
Approved By
County Manager's OffIce
Assistant County Attorney
County Attorney OffIce
61111200412:08 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
6111J2004 8:52 PM
Date
Approved By
Constance A. Johnson
Community Development &
EnvIronmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
6114/2004 9:25 AM
Pat Lehnhard
Date
Approved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
61141200410:07 AM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
61141200411:09 AM
Date
Approved By
MIchael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Budget
6114/2004 8: 14 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
611512004 11 :05 AM
Date
Approved By
Sandra Lea
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
6f7120043:21 PM
-
Agenda Item No. 8e
June 22, 2004
Page 5 of 46
BEFORE THE BO.-\.RD Oli' COUNTY CO~fI\fISSIONERS
OF COLLIER COUNTY, FLORIDA
RE: A..'l ORDINANCE, PllRSUAl."lT TO
SECTION 190.005(2), FLORIDA STATUTES~
TO ESTABLISH THE QUARRY COMMU:"lITY
D[V[LOPl\-U:~.T DfSTRICT
f
PETITIO~ FOR AN ORDI~ANCE TO ESTABLISH
THE QUARRY COM:\1rVrHTY DEVELOPME~T DISTRICT
Petitioner, Cen!ex Homes. a Nevada General PartnerS/ill), by and through its undersigned
counsel, hereby petitions the Board of County Comnmsioners of Collier County, Florida (the
''Commission''), pursuant to the Uniform Community Developmenr Dislricl Act of 1980, Chapter
190, Florida Statutes, to establish a community development district with respect to the land
described herein ("Districf) In support of this Petition For An Ordlnance to Establish a
Community Development District ("Petition"), Petitioner states:
1. Location and Size. The proposed DIstrict lS located within the unincorporated
area of Collier County, Florida, and encompasses 958-63 J: acres of land ("CDD Property"). A
location map, sketch and metes and bounds legal description of the boundaries of the District is
attached as Exhibit ~II."
2. Landowner Consent and Address. As required by Section 190.005(1)(a)(2),
Florida Statutes, wtiuen consent of all the landowners and entities holding an option to purchase
land within the proposed District is attached as Exbibit '"2.."
3. Board ~[embers. The five persons designated to serve as the initial members of
the Board of Supervisors of the Disrrid, '.",ho shall serve in that office until replaced by elected
m~mbcrs: as pro....ided in S~cLion 190.006, Florida Statute!), arc as [oHows.
Agenda Item No. Be
June 22, 2004
Page 6 of 46
(a) Tom W cgwert. Chair
(b) John Landress
(c) Jeff Riopelle
(d) Doug Cuhen
(e) Mike McLeod
All of the above. listed persons arc residents or the Stale of Florida and citizens of the United
Sta.tes of America.
4. l'i:lm('. TllC proposed nanle of the Distlict IS The Quarry Conummtty
Oeve[optllCllt District
5. Water and Sewer. Maps of the Dislricl showing proposed stonn sewer
interceptors and outl1llls, proposed major trunk water mains and torcc mains, and existing
ir..rrastructure including major trunk \vuter mains and force mains are attached as Exhibits u3A~~
through "3C."
6. District Facilities and Senices. The PeLitiQller requests that the District be
grClnted the light to exercise all too powers provided for in Sections 190.011 and 190,(.112. Florida
Statutes. Although construe lion of other District facilities n1ay be considered. in the future, al
this lime, no formal action has been Ultdertaken ",..ith regard to any construction or ownership of
facililies \\'ithin the District.
7. Land Uses. The proposed distribution and location of land uses within the
District is shown on the Master Concept Plan for Heritage Bay ("Master Plan") , attached hereto
as Exhibit "4." The Master Plan W~ approved by Collier County on July 29.. 2003, as part of
j
Agenda Item No. 8e
June 22, 2004
Page 7 of 46
Ordinance No. 03-40, creating the Herilage Bay Planned Unit Development ("PUD'.). and
Resolution Ko. 03.255, which approyed the Heritage Ba)r Development of Regional Impact.
8. Statement of F.stjmated ReeuJatory Costs. A statement of estimated regulatoI)'
costs. prepared in accordance with the requirements of Sections 120.541 (2) and 190.005( I}.
Florida Statutes, as amended, is attached as Exhibit "5:'
9, Address and Autborized A2ent. The address of Petitioner is: Tim RuemJer,
Division President, Centex Homes, 5801 Pelican Bay Boulevard, Suite 600, Naples, FL 34108.
The authorized agent for the Petitioner is: Reginald 1. Bouthillier, Jr., Esq., Greenberg Traung.
P.A., 10J East College Avenue, Tallahassee, Florida 32301,
10, Justification Statement. The CDD Property within the proposed District is
amenable to operating as a community development district and the Petition should be granted
for the following reasons:
A. The COD Property within the District is part of a planned community. The CDn
Property to be included in the District is of sufficient size and is sufficiently contiguous and
compact to be developed as one functional and interrelaled community, and the District is
pla.nned 10 be developed as such. The area to be served by the District is amenable to separate
special district government.
B. The Board of Counly Commissioners considered the advisability of a eDD when
it considered the PlJD on July 29, 2003. Section 2.4 of the PUD provides that "a enD would
constitute a timely, efficient, effective, responsive measure to ensure the provision and on-going
maintenance of facilities and infrastructure ror the proposed de,,'eJopment."
3
Agenda Item No. 8e
June 22, 2004
Page 8 of 46
C. ~stablishment of the District and aU land uses and services planned within the
proposed District arc not inconsistent with the applicable elements or portions of the effective
Collier COllnty Comprehensive Plan or the State Comprehensive Plan.
D. The District win be lhe best alternative avaibb1e for deljveling community
development sexvlces to the area to be served because the Dl!)tnct provides a governmental entity
far delivering those services and facilities in a. manner that does not financially impact persons
residing outside the District and provides a. responsihle perpetual entity capable of making
reasonable provisions for the operation and maintenance of District sexvices and facilities in the
future. The establishment of the District will prevent the general body of ta;(payers in Collier
County from bearing the burden for installation of the infrastructure and the maintenance of the
above..described facilities within the development encompassed by the District.
E. The community deyelopment services of the District will be compatible with the
capacity and uses of existing local and regional servic.es and facilities.
WHEREFOREl Petitioner respectfully requests the Commission to:
A. Determine that the Petition is complete;
B. Hold a public hearing pursuant to the uniform procedures set forth in Section
190.00S(1)(d), Florida Statutes, to consider the establishment of the District; and
C. Enact an ordinance pursuant to Chapter 190, Florida Statutes, granting this
Petition, a.nd establishing the Quarr;' Community Development Dislrict.
4
Agenda Item No. Be
June 22,2004
Page 9 of 46
Respectfully submitted thi~ 4.fh. day of May, 2004.
eginahl 1.. R tlu ler;Jr., Esq.
Fred F. HalTis, Jr" Esq.
Jeffrey A. Collier, Esq.
Greenberg Traurig, P.A.
101 East College A VenLle
Tallahassee, Florida 32301
Telephone; (850) 222-6891
Facsimile: (850) 681.0207
Donald A. Pickworth, Esq.
Suite 502 ~cwgate Tow'er
5150 North Tamiami Trail
Naples. FL 34103
Telephone: (239) 263-8060
Facsimile; (239) 598-1161
CEl\TEX HOMES
a )Jevada general prtnership
By: CENTEXREALESTATE
CORPORA nON: a Nevada corporation, its
managing general partner:
.~
)lame: Timothy J, Rucmler
Title: Division President
Centcx Real Estate Corporation
5801 Pelican Bay Boulevard
Suite 600
Naples, FL 34108
5
Agenda Item No. 8e
June 22, 2004
Page 10 of 46
THE Ql.:ARRY COl\B.lt;NITY DEVELOP\lENT DISTRlCT
LIST OF EXHIBITS
1. Location Map, Sketch and Legal Descriplion of Distlict
2. Consent of PropeJ1.Y Owners with aUached Affidavit of Timothy 1. Ruemler
3.
Map of the Proposed Ston11 Sewer lnlerceptors and Outfalls
Map ol'the Proposed \Vater Mains and Force Mains
Map of the Existing Infrastmcture
A.
B.
C.
4. Master Concept Plan tor Heritage Bay
5. Stalement of Estimated Regulatory Costs
-
6
Agenda Item No. Be
June 22, 2004
Page 11 of 46
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Agenda Item No. 8e
June 22, 2004
Page 12 of 46
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LEGAL DESCRiPTION
THE QUARRY COO BOUNDARY
Being part of Sections 13,14,23 & 24,
Townshjp 48 South, Range 26 East,
Collier Counly, Florida.
Being part of Sections 13,14,23 & 24, Township 48 South, Range 2fi East, Collier County,
Florida and being more particulariy described as fonows;
Commencing at the Southwest Corner of Said Section 23
Thence along the south line of said Section 23 South 89~58'23M East 2..641.45 teet:
Thence leaving said south line North 00.15'09" West 100.00 feet to a point 011 the North line of
a 100' canal Right-of.Wayand the POINT OF BEGINNING;
Thence 59.51 feet along the arc of a circular Curve concave west tlaving a radius 0(118.00 feet
through central angle of 28"53'50. and being subtooded by a chord which bears North
18.36'13-Wesl58.88 feel to a point of reverse curvalum;
Thence 34.42 feet along the arc of a circular curve concave northeast. having a radius of
150.00 feet through a central angle of 13008'54" subtended by a chord which bears Nortl'l
26028'41" West 34.35 feel to a point of reverse curvature;
Thence 147.29 feet alol1g the arc of a circular curve concave southwest, having a radius of
330.00 feet fhroogh a central angle of 25034'24" subtended by a chord wf1fch bears North
32~41'26"'West 146.07feet;
Thence North 45"2.8'37" West 104,04 feet;
Thence 61.03 feet along the arc ot a circular curve COncave northeasl havjng a radius 01220.00
teet through central angle of 15053'40" and being subtcnded by a Chord wtlich bears North
37"31 '4r West 60.83 feet to a point of reverse cul'\Iafure;
Thence 129.44 feet aloog the arc of a circular curve concave southwest, haVing a radius of
380.00 feet through a central angle! of 19"31'03" subtended by a chord which bears North
39"20'29" Wesl128.82 feet to a poinl of reverse CUrvature;
Thence 34.44 feet along the arc of a drQJlar curve concave east, having Cl radius of 25.00 feet
lttrough a central angle of 78.55'30~ subtended by a chord wtlich bears Norft1 09.38'15" West
31.78 feet;
Thence North 53.37'55- West 60.48 feet:
Thence 151.86 feet along the arc of a non-tangential cirCtJlar curve concave west having a
radius of 270.00 feet through a central angle of 32.13'36- and being 5ubtended by a chord
which bears North 12914'56" Eest 149.81 feet to a point of reverse curvature;
Thence 148.93 feet along the arc of a circular CUrve concave east, having a radius of 830_00
feel through a central angie of 10"16'52" subtended by a chord wtlidl bears Norlh 01916'34"
East 146.73 reel to a point of reverse curvalure:
Thence 243.73 feet aloog the ate of a circular curve concave west, having a radius of 1,970.00
feet through a central angle of OrOf)'19" sublende-d by a chord which bears North 02.52'21"
East 243.57 feot;
Thence South 69"19'41" West 201.14 feet:
Thence North Or40'28" West 559.75 feet;
Thence North 81"39'32"' East 226.39 (eel;
Thence NOOh 00"43'26"' East 516.19 feel:
Thence North ar12'19'" East 13.62 feet;
Thence North 7r07'12" East 78.83 feet;
Thence North 02"34'15" West 68.59 feet;
Thenoe North 23"26'54" Easl29.53 feet;
Tllence North 01"24'05" Eas142,24 feet;
Thence NorItl 48926'28" West 77 _89 feet:
Thence North 36"55'08"' West 26.16 feet;
Offir:e~ ~fr~ltlgle:lll, locat.d ro IUfll. ellr cHenl$ 800,649.4336
N3I'fnICDro~ otfw. S200 &!iey!...J1;e, S:ii!tt 200. ~.FIC.:iGa 341[)'.: .. 23f< E4S 4:J4,'i Nl~ffl51J~ No. 8e
~11M" .......O'H...... wflS(J/lltlifleuom June 22, 2004
-., Page 14 of 46
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WilstJnMille,'
~
1~I.l !~r~~r.'~l.iS I:' .tJ:J~.r;,:"I~. ~"\41~'~ F"'!7"'~e""!~"j
Thence Nortt12r4S'.:lO- East 44.86 feel;
Thence North 24039'05- East 43.81 feel;
Thence NorU147"37'59- East 50.78fee~
Thence Nort1l15033'ST" West 53.93 feet;
Thence North 8Z037'59-West 107.97 feel;
Thence South 89"2.0'02~ West 1,851.51 feet:
Thence South 81043'26- West 107.89 feet:
Thence 82,22 feet along the arc of a circtJlar' cul'Ve concave north having a radius of 650.00 feel
through ccolral angle of 07"14'50- and being $ubtende(1 by a chord wllidl bears South
85020'51- West82.16 feet:
Thence North 00039'58- West 80.00 feel;
Thellce SO\J1h 89620'02- Wesl162.83 fcet;
Thence North 00050'56- West 2,660.08 feet:
Thence North 00649'480 West 2,769.21 reet:
Thence North 89"19'060 East 5,194.36 feet~
Thence North 00.14'15" West 176.48 feet;
Thence Soulh 69"32'56'" Ea$t 147 .B8 feet;
Thence North 58022'150 East 168.51 feet;
Thence North 81057'44" East 274.12 feet;
Thence South 11"43'52- East 260.76 feel;
.hence East 2.25 feet;
Thence South 10"03'14" West 5.93 feet;
Thence South 05"41'09" West 34,82 feet;
Thence South 46"17'23" East 80,74 feel;
Thence South 51"53'08" East 52,67 feet;
Thence South 27"16'09" East 76,59 feet;
Thence South 84"40'08" East 41.33 ree~
Then~e North 67"41'56" East 39.40 fect;
TIH'::nce South 61"49'13- East 32.38 feel;
Thence South 46"48'4Q" East 29.28 feel;
Tllence South 50"27'46" West 11.60 feet:
Thence SOuth 68"04 '23" West 43.25 feet:
Thence South 29"26'140 West 37.66 feet;
Thence South 64"55'10" East 21.23 feel;
Thellce South 19035'55" East 69.14 feet:
Thence South QS34'OO" Easl39.59 feet;
Thence South 02"04'15" Wes144.00 feet;
Thence South 27"'48'56" Wesl34,63 feel;
Thence Soulll 34632'21" Wesl 44.64 feel;
Thence North 89"06"52" West 42.06 feet;
Thence South 34630'25'" East 51.95 feet;
Thence South 40619'55" East 31,37 feel;
'Thence Soulh 4r19'26" Easl11.68 fe9t;
Thence Soulh 58618'10" East 55.59 feet;
Thence South 56601'10" West 50.89 feet
Thence South 67025'28" West 41.78 feet:
l11ence South S9050'33- West 5.89 feet;
Thence South B2~24'45" Wcsl83A6 feet;
Thence North 85"55'13" West 42.31 reef:
l11ence South 68605'19" West 58,98 feet;
Thence South 32615'36~ West -47.14 feet;
Thence South 15.10'Or West 78.54 feet;
Thence Soulh 31413'44" East 62.97 feet:
Thence South 43647'24" East 68.99 feet;
Thence South 12451'36" East 101.72 feet:
Thence South 36451'18" East 81.04 feet;
~I"'" \0.-: Ol"LM'...
-'
~......
Agenda Item No. Be
June 22, 2004
Page 15 of 46
..,.
WilsOnMiller'
..
N::.1' Di(;5.:r.T.:I:C; i:; .~"'il(:,'rs..i. C\tS;f,.,' fi. i-,'!Ji~~n-"'~
Thence South 30.50'11" East 70.13 feel;
Thence South 69"50'18" East 70.08 feel;
Thence North 76014'45" East 38.91 feet
Thonce North 67"36'06- East 46.16 feet:
Thence South 83049'57" East46.17 feet;
TIleoce North 78030'32- East 80.67 feet:
Thence South 88"48'49" East 55.05 feel:
Thence South 69057'28" East 29.76 feet:
Thence North 70020'39" Easl19.00 feet;
Thence South 76"35'16" East 103.34 feet;
Thence South 45026'21" West 7.38 feet;
Thence South 11012'58" East 83.95 feet;
Ttlence Soutl125"41'2S" West 8.79 feet;
Thence South 06"13'28" West 46.61 feet:
Thence South 44"19'00" WesI46.B4 feet;
Thence South 20"38'10" West 93.95 feet;
Thence South 5:2048'51" West 41.71 feet;
Thence South 40009'09" Wost 126.19 feet:
Thence Soutl144"34'13" West 113.13 feet:
Thence South 22"36'41" West a 1.98 feet;
Thence South 05"52'18" West 103.42 feet;
Thence South 09"29'37" West 60.45 reel;
Thence South OO"27'54"Wesl127.24 feet;
Thence South 00"12'04" Easl94.03 feet,
Thence South 06c02'3r East 84.06 feet;
Thence Sooth 1r39'09" East 90.55 feef;
Thence Sooth 16"01'05" Easl90.96 feel;
Thence South 05.31'25- Wesl 91,74 feel;
Thence South 31-52'34- East 79.38 feet:
Thence South 25.08'02- East 140.39 feet;
Thence SOOth 16"56'55" Easl90.29 feet;
Thence SOUth 55" 3 7'56 It East 9 1 .90 foet;
Thence South 85"47'47"' East 139.70 feet;
Thence North 77"06'57'" East 137.64 feet;
Thence South 58"35'46" East 107.41 feet;
Thence North 74"55'18. East 109.48 faet;
Thence South 89022'24" East 63.07 feet: .
Thence North 78"46'06" East 91.85 feel:
Thonce South 84"58'44. East 84.66 feet;
Thence North 09.26'58" West 80.34 feel;
Thence North 27.17'11" Wesl93.77 feet;
Thence North 28.06'33" West 68.87 feet;
Thence North 37"21'28- West 64.82 feet;
Thence NCfth 24"04'09. West 96.63 feet;
Thence North 48"59'14" West 100.57 feel;
lllence Na1h 47"05'33~ West 93.34 feet
Thence Na1h 34"03'21" West 66.48 feet;
Thence North 05"10'22" West 83.74 feet;
Thence North 03057'21" East 55.66 feet;
Thence NocUl17.02'51" West 76.92 feel;
Thence North 01047'43. West 49.41 feel;
Thence North 04039'37" West 40.49 feet;
Thence North 28"25'27" East 63.82 feet;
Thence North 28041'00" East 74.78 feel;
Thence North 59"27'17. East 54.96 feet;
Thence North 13'03'39~ East 61.55 feef;
~'_1IJVIr."I.u.w1llf
-
~~...-..
Agenda Item No. Be
June 22, 2004
Page 16 of 46
WilstJnMille,"
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/lC.1.'[)i'ec~i~"'!J .I(I.".I~(.~"I;~ I"_i.:_~::j,,, .4 f/lf]"~::"O
Thence North 45"37'55- East 71.79 feet;
Thenre North 38"38'2r East 51.64 feet:
Thence North 37"55'25" East 76,57 feet:
Thence North 50"05'19" East 60.52 feet:
Thence North 15"52'58" Easl51.63 feet:
Thence NortIl 59"37'32- East 113.89 feet:
Ther'lc(! North 5,"49'15- East 42.271eel:
Thence South 7rt7'52- East 76.99 feet;
Thence South 7r16'59" East 53.51 feet;
Thence South 71"~1'47- East 81,64 feet;
Thence South 41"51'55" East 72.16 feet;
Thence South 61 ~46'25- East 37.64 feet;
Thence South 28"52'28" East 81.80 feet;
Thence South 09"50'47" East 75.03 feet;
Thence South 01"10'31" West 92.15 feet;
Thence South 26"43'58" West 100.82 feet:
Thence Soulh 45"45'56" West 62.97 feet:
Thence Soulh 53"29'06" East 49.41 feet;
Thence SouIh 23"31'31" East 197.42 feet;
Thence SoutJ1 01045'31- East 69.63 fect;
Thence Sou1f116010'18" Wesl144.30 fect;
Thence South 3r43'29" E:ast 62.59 feel;
Thence Sout" 58.07'39" !:ast 61,21 feet;
ll1ence North 81046'58" East 27.01 feet;
Thence South 6r53'24~ East 59.99 fcct;
Thence South 60"26'45" East 42.88 feet:
Thence South 64051'24" East 37.49 feet;
Thence South 62"42'13- East 43.09 feet;
Thence Sou Ih 56031'39" East 69.42 feet;
Thence South 10933'53" East 33,93 roat;
Thence South 78"01'20- East 1 09.19 feet:
Thence South 81"28'14- East 105.72 feet;
Thence Soul:h 52"39'66- East 99.28 feet;
Thence South 23035'24- East 94.01 feet;
Thence South 07054'35~ West 41.20 feot;
Thence South 62"26'17" East 40.54 feet:
Thence South 31"47'35- West 117.82 feet;
Thence North 73043'21- West 62.45 feet;
Thence South 86442'40" West 147.29 feot:
Thence North 89006'46" West 105.90 feel;
Thence South 84009'18" West 111.06 feel:
Thence South 69913'39- West 84.55 feet;
Thence South 14 "49'26" Wesl38, 11 feet:
Thence Soufh 21.54'21" West 94.75 feet:
Thence South 22"58'28" East 60.19 feet;
Thence South 27-23'58" West 57.43 feet;
Thence South 45035'03" West 53.40 feet;
Thence South 24.38'04" West 76.191eet;
Thence South 6505(t42'' West 75.83 feet:
Thence South 80"12'46" West 76.83 feet;
Thence South 840'2'06" Wesl 130.66 feet;
Thence North 85"48'11" West 56.16 feet;
Thence North sa"12'43"Wost 81.40 feel;
Thence North 23"04'22- West 78.34 feet;
Tllcnca North 11"21'11" Wost88.70 feet;
Thence North 17"09'14" East 105.65 (eet;
-.. ._.. _o,~ lLU..
.....
__..1
Agenda Item No. Be
June 22, 2004
Page 17 of 46
WilstJnMiller'
..
.'i~.~ I")t{f...~:,'~~"~ p:;,.",:...,:, .c~SJ;:"::$ !"II)II~}t:;1..19
Thence NOrtll 04"35'29ft East 131.17 teel:
Thencc Norttl 60'Q4'39ft West 64.47 feet:
Thence Norttl 77"46'12ft Wesl96.11 feet;
Thence South 83"01'00. West 122.88 feet;
Thence SOuth 88"10'55" West 100.23 reet;
Thence North 87"58'05" Wes193.92 feel;
Thence North 870:28'52" West 16S.64 feet;
Thence SOuth 74"22'35" West T4,86 feet;
Thence North Br18'31 ft West 324.78 foot;
Thence North 88"00'01" Wes1300.94 feet;
Thence South 03"21'36. East 200.41 feet;
Thence South 02"5:2';20" East 2,162,25 feel;
Thence South 08"12'0'. East 253.94 feet; Ttlence continue along said line South 08"12'01"
East 69.11 feet
Thence South n.08'43" West 147.48 feet:
Thence 75_04 feet along the arc of a cirClllar curve concave north having a radius of 60.00 feet
through central angle of 71"39'28" and being svbtended by a chOl'd wh1ch bears Nortn
72001'33" West 70.24 feet
Thence North 36011'48- West 68.90 feet;
Thence South 63048'12. West 91.45 feet:
Thence South 02.00'24- East 353.42 (eel:
Thence South 56"54'36- East 20.00 feet;
Thence 21.44 feet along the arc of a non-tangential circular curve concave east having a
radius of 35.00 feel through a central ang~a of 35"05'48- and being subtended by a chord which
bears South 15"32'30" West 21.11 feet
Thence South 02000'24- Easl 272.35 (eel;
Thence South 19D35'Or Eas143.32 feet;
Thence 71.57 feet along Ule arc of a circular curve concave west having a radius of 50,00 feet
through central angle 0( 82"oo'4~ and being SlJbtended by a chord whictl bears South
21.25'14- West 65.61 feet;
Thence SouUl62"25'3S. west 169.18 feet:
Thence 22.05 feet along the arc of a circular curve concave northwest having a radius of
125.00 feet thl'Ollgh central angle of 10.06'19- and being subtende<l by a chord which bears
South 67"28'45. West 22.02 feet;
Thence South 01"33'42" East 1,649.31 feet to a poinl on the North line of a 100' canal Rfght~-
way:
Thence along said flne North 89"58'37. West 129.32 feel;
Thence continue along said line North 89"58'13" West 2,638.89 feet;
Thence cootlnue along said line North 89"56'23-West 0.49 feet to the POINT OF BEGINNING.
Contain.lng 958.63 Acres more or less.
Subjoct to ea$ements and restrictions of record.
Bearings are based on the south line of Said Section 23 being South 89"58'23. East.
C'F.R11F1CATE OF ,\lTmORlZATION IILB-O.
Wi'-sonMilIer, Inc.
Registered Engineers and Land Surveyors
~
Date: April 29, 2004
93
he Profe$sional's seal.
-..*,. _0'1,"-
<MQ
-.-...
Agenda Item No. 8e
June 22, 2004
Page 18 of 46
~ 0;-
CONSENT OF CE~TEX HOMES
TO THE F.STABLISH);lENT OF
THE QUARRY CO:MMCNITY DEVELOPMEl\T DISTRICT
""hereas~ Centcx Homes, a I\evada general piUtnership CTcntex") owns 148.16:= acres
("Propeni') within The Quarry Community Development District;
Whereas, Centex has an option to plU'chase the remaining ~lL0.47 :I; acres within the
proposed Quan}' Community Developmenl Dislrict C.Option Property");
'Vhereas, Centcx. as the owner of the Property and the optionee of the Option Property,
is required, pursuant to Section 190.005(lXa){2), Florida Statutes, to execute this written
Conscnt~ and
"!hereas~ the undersigned, Timothy J. Ruemler. Division President of Centex Real
Estate CO~Jora.tion, which is the managing partner of Cent ex, hereby represents and warrants that
hI: is duly authorized alld has the authority to execute this Consent;
Now Therefore, Centex hereby consents to the establishment of the Quarry Community
Development District as set forth and described in the Petition filed herewith,
ExeCllled this 4-tl- day of;....fay, 2004.
By; CEj\;TEX HOl\1ES,
a Nevada general partnership
By; CENTEX REAL ESTATE CORPORATION,
a Nevada corporation, its managing general
partner
By=k (~ -
Timothy J. Ruemler
Division President
/D~4
WlI7if
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~~~ -
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:~:-;::! ..:il.:J....,.k..~:I():2...: ....~ I
Agenda Item No. Be
June 22, 2004
Page 19 of 46
AFFIDAVIT 01-' TIMOTHY J. RUEMLER
STATE OF FLORIDA )
)
COUNTY OF COLLIER )
BEFORE \IE, the undersigned authority, personally appeared TIMOTHY J.
RUE1\.fLER, who having been duly sworn, states:
I. I have been employed by Celltex Homes ("Centex") since L986. I am
currently the Di vision President of Cent ex and have held that position since 1995,
2. On October 6. 2003, Centex, as oplionee, and Bayvesl L.L.C. ("Bayvest").
as optionor. cntered into an Oplion Contract For Sate of Land, as amended by the First
Amendment to Oplion Contract for Sale of Land. the SC{:ond Amendment to Option
Contract For Sale of Land, tbe Third Amendment to Option Contract For Sale of Land,
and the Agreement to modify legal description; and the Joint Development Agreement
and Amendment to Option Contract (collectively, the "Agreements").
3. The Agreements provide for the purchase by Centex from Bayvest of a
1727.09 acre parcel of land ("Property"), consisting of Parcels A, B and C,
4. Centex purchased Takedown Parcel A (148.16 acres) of the Property on
November 21: 2003, and has an option to pl..ttChase Takedown Parcels B and C (1578.93
acres), as pro....ided for in the Agreements, 011 or before November 2 t, 2004, and
November 21. 2005, respectively.
5. The Agreements provide that Centcx is authorized to foml one or more
community developmenc districts ("COOs'') over the Property that will provide for
infrastruClure, sen;ces, and arnenjlies to future residen~s of the Prop~rty.
Agenda Item No. 8e
June 22, 2004
Page 20 of 46
6. Centex is petitioning the Board of County Commissioners of Collier
County to establish The Quarry Community Development District ("District") whicl1
would comprise a.pproximately 958.63 acres of the Property.
7. As landowner of Takedown Parcel A: and optlon.ee over Parcels B and C,
Cenlcx is either landowner, or in conlrol by option contr.lcl, of 100 percent of the real
property to be illcll.lded in the Disnict.
Fmther. Affiant Sayeth Naught.
v1'
Timothy J. Ruemler
Division President,
Centex Homes
The foregoing iustrument W,iS acknowledged before me tbis 1..Jf-L day of May,
2004, by TI110THY J. RUEMLER: Division President of Centex Homes, on bebalf of
Centex Homes, who is personally known to me.
7YlLUD' Pal OhlLifo
~OTARY PUBLIC I
~ame:
My Commission Expires:
G) MARCl RAE! FHfL.l.IPS
, t.,I'fCOMMlSSION' DO l&4l'eS
EXPIRES: I'lcvsmber l:i, 2006
'~NJ~AIlY ';l Nel.\.. ~~& 1lG1ii"O. II'(;
-.
Agenda Item No. 8e
June 22, 2004
Page 21 of 46
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(;L :.'-;1 : CENTEX HOMES
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,;.
STATEMENT OF ESTIMATED REGULATORY COSTS
The Quarry Community Development District
1.01 Introduction
1.1 Purpose and Scope
This statement of estimated regulatory costs ("SERC") supports the
Petition For an Ordinance to Establish The Quarry Community
Development District ("District" or "CDD"). The proposed District
comprises approximately 950 acres of land on which Centex Homes
("Developer") plans to develop a portion of its Heritage Bay Golf and
Country Club community ("Development").
The Development is planned to include approximately 1,199 single-family,
villa, and multifamily units and a championship golf course with a 20,000
square foot clubhouse facility. To support this development program, the
District would fund approximately $113,000,000 for CDD infrastructure by
issuing approximately $150,000,000 in total debt funding. The District
proposes to provide infrastructure and community services to the District
as described more fully below.
The limitations on the scope of this SERC are explicitly set out in Section
190.022 (2)(d), F.S. (governing District formation or alteration), as follows:
"That the process of establishing such a district pursuant to uniform
general law shall be fair and based only on factors material to manaQinQ
and financinQ the service delivery function of the district, so that any
matter concerninQ permittinQ or planninQ of the development is not
material or relevant"
(emphasis added).
1.2 Overview of the proposed The Quarry Community Development District
As noted above, the proposed District provides community infrastructure,
services, and facilities along with their operations and maintenance, to a
portion of the Project planned by Centex. The land contained in the District
is currently planned for the land uses shown in Table 1. These are
preliminary plans and are subject to change.
Agenda Item No. BC
June 22, 2004
Page 26 of 46
CateQorv Amounts
Luxurv Coach (units) 272
Coach (units) 304
SF 55 ft. (units) 124
SF 67 ft (units) 113
SF 75 ft (units) 93
SF 90 ft Lot Sales (lots) 105
MF Pad Sales (units) 188
Golf Course (acres) 145
Club House (square feet) 20,000
Table 1. The Quarry Community Development
District Planned Land Uses
Source: Developer
Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (2002), defines the elements a statement of
estimated regulatory costs must contain:
(a) A good faith estimate of the number of individuals and
entities likely to be required to comply with the rule, together with a
general description of the types of individuals likely to be affected
by the rule.
(b) A good faith estimate of the cost to the agency, and to any
other state and local government entities, of implementing and
enforcing the proposed rule, and any anticipated effect on state and
local revenues.
(c) A good faith estimate of the transactional costs likely to be
incurred by individuals and entities, including local governmental
entities, required to comply with the requirements of the rule. As
used in this paragraph, "transactional costs" are direct costs that
are readily ascertainable based upon standard business practices,
and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required
to be employed in complying with the rule, additional operating
costs incurred, and the cost of monitoring and reporting,
(d) An analysis of the impact on small businesses as defined by
Section 288.703, F.S" and an analysis of the impact on small
counties and small cities as defined by Section 120.52, F .S.
Orange County is not defined as a small County for purposes of
this requirement.
,"--'"
2
Agenda Item No. 8C
June 22,2004
Page 27 of 46
(e) Any additional information that the agency determines may
be useful.
(f) In the statement or revised statement, whichever applies, a
description of any good faith written proposal submitted under
paragraph (1) (a) and either a statement adopting the alternative or
a statement of the reasons for rejecting the alternative in favor of
the proposed rule.
1.02 A good faith estimate of the number of individuals and entities likely
to be required to comply with the ordinance, together with a general
description of the types of individuals likely to be affected by the
ordinance.
As noted above, the proposed District will provide infrastructure and
community services to a portion of the Development comprising
approximately 1,119 residential units, an 18-hole golf course, and a
20,000 square foot club house facility. All of the ultimate property owners
in the District will be required to comply with District rules and their
properties will be encumbered with District obligations to pay for
infrastructure, operations and maintenance expenses incurred by the
District. Prior to the sell out of the real estate, all of the undeveloped land
owned by the Developer and any other landowner will also be under the
jurisdiction of the District.
3
Agenda Item No. 8e
June 22, 2004
Page 28 of 46
1.03 Good faith estimate of the cost to state and local government
entitles, of Implementing and enforcing the proposed ordinance, and
any anticipated effect on state and local revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing
Ordinance
State Governmental Entities
The cost to State entities to review or enforce the proposed ordinance will
be very modest. Since the District comprises less than 1,000 acres, the
Collier County is the reviewing agency for the petition. There are only
modest additional ongoing costs to various State entities to implement and
enforce the proposed ordinance. If approved, the District will be a special
purpose unit of local government. The District is required to file various
reports to the State of Florida, the Department of Community Affairs and
other agencies of the State. The filing requirements are outlined in
Appendix A. The cost to the State and its various departments to process
additional reports filed by the District will be very small since the State
already collects these reports from numerous other units of government.
The addition of one more set of reports will have very little cost impact.
Finally, the District must pay a small annual filing fee to the Department of
Community Affairs to help offset the costs to the State from the additional
paperwork.
Collier County
The proposal to form the District will require the County to review the
petition and its supporting exhibits. In addition, the County will hold a
public hearing to discuss the petition and to take public comment. These
activities will absorb staff time and time of the County Commission.
However, these costs are very modest at most for the following reasons.
First, the review of this petition to form the District does not include an
analysis of the Development itself. In fact, such a review of the Project is
prohibited by statute. Second, the petition contains all of the information
necessary for its review. Third, The County already has all of the staff
necessary to review the petition. Fourth, no capital costs are involved in
the review. Fifth, The County routinely processes similar petitions for land
use and zoning changes that are far more complicated than this petition to
form the District. Finally, the filing fee will offset these costs.
4
Agenda Item No. BC
June 22, 2004
Page 29 of 46
The County will incur only a small additional annual cost if this petition is
approved. The proposed District would be an independent unit of local
government, so the District is responsible for its own budget, reporting,
and the full conduct of its powers within its boundaries. The District will
provide the County with its budget each year, but no County action is
required.
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on State
or local revenues. The District is an independent unit of local government.
It is designed to provide community facilities and services to serve the
development. It has its own sources of revenue. No State or local
subsidies are required or expected.
In this regard, it is important to note that any debt obligations incurred by
the District to construct its infrastructure, or for any other reason, are not
debts of the State of Florida or any unit of local government. By State law,
debts of the District are strictly its own responsibility.
1.04 A good faith estimate of the transactional costs likely to be incurred
by individuals and entities required to comply with the requirements
of the ordinance.
The District plans to provide various community facilities and services to
the property in the District, as outlined in Table 2. The District plans to
fund, own, operate and maintain the stormwater management system.
The District will fund and construct the public roadways and dedicate them
to the County. The District's costs include acquisition of land on which the
infrastructure will be constructed. The District plans to construct, operate
and maintain the balance of the community infrastructure.
Table 2. Proposed Facilities and ServIces
FACILITY
FUNDED
BY
COO
COO
COO
COD
O&M BY
OWNERSHIP
Public Roads
Storm water management
Utilities
Landscape and other
County
COD
COD
COD
County
COD
COD
COD
5
Agenda Item No. 8C
June 22, 2004
Page 30 of 46
The petitioner has estimated the costs for providing the capital facilities
outlined in Table 2, and these are shown in Table 3 below. Total costs for
these facilities are estimated to be approximately $112,765,265. To fund
this construction program, the District may issue special assessment or
other revenue bonds estimated to total $141,850,000. These would be
repaid through non-ad valorem assessments levied on all properties in the
District that may benefit from the Districfs capital hllprovement program as
outlined in Table 2.
Category
Roads
Drainage
Wetland Preservation/Open
Space
Water/Sewer/lrrigation
Landscape and Other
Table 3. Capital Costs for Proposed
The Quarry Community Development District
Amount
$11,209,772
$38,204,495
$48,402,000
$11,024,998
$3,924,000
---------
---------
Total
$112,765,265
Source: Developer
Prospective future landowners in the District may be required to pay non-
ad valorem assessments levied by the District to secure the debt incurred
through bond issuance. In addition to the levy of non-ad valorem
assessments for debt service, the District may also impose a non-ad
valorem assessment to fund the operations and maintenance of the
District and its facilities and services.
It is important to note that the various costs outlined in Table 3 are typical
for developments of the type contemplated here. In other words, there is
nothing peculiar about the District's financing that requires additional
infrastructure over and above what would normally be needed. Therefore,
these costs are not in addition to normal development costs. Instead, the
facilities and services provided by the District are substituting in part for
developer-provided infrastructure and facilities. Along these same lines,
District-imposed assessments for operations and maintenance costs are
similar to what would be charged in any event by a property owners
association common to most master planned developments.
6
Agenda Item No. 8e
June 22, 2004
Page 31 of 46
Real estate markets are quite efficient, because buyers and renters
evaluate all of the costs and benefits associated with various altemative
locations. Therefore, market forces preclude developers from marking up
the prices of their products beyond what the competition allows. To remain
competitive the operations and maintenance charges must also be in line
with the competition.
Furthermore, locating in the District by new residents is completely
voluntary. So, ultimately, all owners and users of the affected property
choose to accept the District's costs in tradeoff for the benefits that the
District provides.
The District is an alternative means to finance necessary community
services. District financing is no more expensive, and often less
expensive, than the alternatives of a municipal service taxing unit (MSTU),
a neighborhood association, County provision (directly or via a dependent
special district), or through developer-bank loans.
1.05 An analysis of the impact on small businesses as defined by Section
288.703, F.S., and an analysis of the impact on small counties and
small cities as defined by Section 120.52, F.S.
There will be no impact on small businesses because of the formation of
the proposed District. If anything, the impact may be positive. This is
because the District must competitively bid certain of its contracts. This
affords small businesses the opportunity to bid on District work.
The development is located in Collier County. As of the latest Census
date, the 2000 Census, the County has a population of more than 75,000.
Therefore, the proposed District is not located in a County defined as a
"small" according to Section 120.52, F.S.
Any additional useful information
The analysis provided above is based on a straightforward application of
economic theory, especially as it relates to tracking the incidence of
regulatory costs and benefits. Inputs were received from the Developer's
Engineer and other professionals associated with the Developer.
Finally, it is useful to reflect upon the question of whether the proposed
formation of the District is the best alternative to provide community
facilities and services to the Development. As an alternative to the District,
the County could approve a dependent special district for the area, such
as an MSBU or a special taxing district under Chapter 170, F.S. Either of
Agenda Item No. 8C
June 22, 2004
7 Page 32 of 46
these alternatives could finance the improvements contemplated in Table
2 in a fashion similar to the proposed District.
However, each of these alternatives is inferior to the District. Unlike the
District, the alternatives would require the County to continue to administer
the project and its facilities and services. As a result, the costs for these
services and facilities would not be sequestered to the land directly
benefiting from them, as the case would be with the District. In addition,
administering a project of the size and scale contemplated herein would
make little sense for the County.
A District also is preferable from a government accountability perspective.
With a District as proposed, residents and renters in the District would
have a focused unit of government under their direct control. The District
can then be more responsive to resident needs without disrupting other
County responsibilities.
Another alternative to the District would be for the Developer to provide
the infrastructure and to use a property owners association (POA) for
operations and maintenance of community facilities and services. A
District is superior to a POA for a variety of reasons. First, unlike a POA, a
District can impose and collect its assessments along with other property
taxes. Therefore, the District is far more assured of obtaining its needed
funds than is a POA. Second, the proposed District is a unit of local
government. Therefore, unlike the POA, the District must abide by all
governmental rules and regulations.
Fishkind & Associates certifies that this SERC meets the requirements for
a SERC as set out in Chapter 120.541, F .S.
We have developed over 25 SERCs. Below is a listing of some of these.
. Urban Orlando Community Development District
. Marshall Creek Community Development District
. Cedar Hammock Community Development District
. Meditera Community Development District
. Brooks Community Development District
. Pelican Marsh Community Development District
. Pelican Landing Community Development District
. Fiddler's Creek Community Development District 1
8
Agenda Item No. 8C
June 22, 2004
Page 33 of 46
Henry H. Fishkind, Ph.D.
Fishkind & Associates, Inc.
9
Agenda Item No. 8C
June 22, 2004
Page 34 of 46
APPENDIX A
LIST OF REPORTING REQUIREMENTS
REPORT
Annual Financial Audit
Annual Financial Report (AFR)
TRIM Compliance Report
Form 1 - Limited Financial
Disclosure
Public Depositor
Proposed Budget
Public Facilities Report
Public Meetings Schedule
Bond Report
Registered Agent
FLORIDA
STATUTE
CITE
11.45
218.32
200.068
112.3144
215
218.34
189.415
189.417
218.38
189.417
tal-fs 1 \shawk\306292v01 \9B3KO 1_.DOC\4/29/04 \23756.017000
-
10
DATE
12 months after end of
fiscal year
by March 31
130 days after
by July 1
by November 15
by September 1
March 1
beginning of fiscal year
When issued
30 days after
Agenda Item No. 8C
June 22, 2004
Page 35 of 46
BACKUP INFORMATION
FOR COMMUNITY DEVELOPMENT DISTRICTS
Community Development Districts (COOs) are a financial mechanism designed for the purpose
of providing community infrastructure, basic services and necessary facilities, along with
operation and maintenance, to planned residential communities. Formation of a COD places all
property owners within the subject development under the jurisdiction of the COD.
CDDFACTS
cnDs are not a form of development approval, and do not serve to permit
construction. In fact, the subject development is generally approved prior to
submittal of a CDO petition.
The formation and operation of community development districts is governed through
provisions contained in Section 190, Florida Statutes. The State Legislature must
approve proposed districts comprising 1,000 acres of land (or more). However, the
local government having jurisdiction within the project area may approve districts of
less than 1,000 acres.
A request to establish a COD is made through a petition that specifically addresses
the criteria under Section 190, F.S.
The local government (in this case the Collier County Board of County
Commissioners) grants the petition through adoption of an ordinance that establishes
the Community Development District.
The primary purpose of a CDO is to provide a long-term financing mechanism for
community infrastructure and services, through the following mechanisms:
1. Tax Assessments
2. Ad Valorem Taxation
3. Bond Issues.
CODs are managed through an elected District Board of Supervisors. The Board of
Supervisors may hire staff, enter into leases and contracts, sign interlocal agreements
with other local governments, and manage financial affairs related to its functions.
The provisions of the Florida Sunshine Law govern CDO Boards of Supervisors.
CODs are not general-purpose local governments, do not have home rule power, and do
not assume any powers of regular local governments. However, at the option of the local
government, a COD may assume certain additional powers, such as provision of security,
mosquito control, and park operations.
Agenda Item No. 8C
June 22, 2004
Page 36 of 46
CDDs must disclose their existence and the resulting financial impacts to Jot purchasers
and/or landowners within the subject area, through sales contracts and public notices.
Under Florida Law, individual lot and parcel owners are indemnified from any liens or
foreclosures due to default of the CDD on its debt instruments.
When and if the population of the CDD area reaches 5,000, a referendum on whether to
incorporate is required. However, if an affIrmative vote results, no automatic
"incorporation occurs, and no new city results (at least immediately) thereby.
CDD incorporation into a new city is governed by the procedures, requirements and
limitations contained in Section 165.061, and Section 165.241, Florida Statutes. These
are the same statutes that govern the incorporation of any other area into a local
government.
Section 190, Florida Statutes, which governs the formation and operation of CDOs, also
contains specific criteria for the disbanding of CDOs once they have outlived their
usefulness.
If at any time during the CDO's existence Collier County determines, by a non-
emergency ordinance, that the County can provide anyone of the district services in a
more economical manner, over the long term, at lower cost but with higher quality,
Collier County may then take that service away from the district and provide the service
itself.
Section 190.005, Florida Statutes outlines the specifIc content required in the petition and
further outlines six (6) factors for the local government to consider in determining
whether to grant or deny a petition for the establishment of a CDD, as follows:
1. The truthfulness of statements within the petition.
2. Consistency of the petition with the state comprehensive plan or of the effective
local government comprehensive plan.
3. Ooes the size, compactness and contiguity of the proposed district allow it to be
developable as one functional interrelated community?
4. Is the district the best available alternative for delivering community development
services and facilities to the subject area?
5. AIe the proposed community development services and facilities of the district
incompatible with the capacity and uses of existing local and regional community
facilities and services?
6. Is the area to be served by the district amenable to separate special-district
government?
Collier County legal, planning, transportation and public works staffs review all COD petitions
and exhibits submitted by the petitioners relative to these six (6) factors. Staffs make a
recommendation to the Board of County Commissioners for either approval or denial, based
upon the petitioner's compliance with the six factors.
Agenda Item No. 8C
June 22, 2004
Page 37 of 46
The Collier County Comprehensive Planning Section prepared this item for use by the
Board of County Commissioners, when considering approval of a CnD petition.
Agenda Item No. 8C
June 22, 2004
Page 38 of 46
ATIACBMENT2
STAFF ANALYSIS RELATIVE
TO THE SIX (6) FACTORS
FOR COMMUNITY DEVELOPMENT DISTRICT FORMA nON
FOR THE QUARRY CDD
Backuound:
Section 190.005, Florida Statutes, outlines the specific content required in a Community
Development District (CDD) petition and further outlines six (6) factors for the Board of County
Commissioners to consider in determining whether to grant or deny a petition for the
establishment of a CDD, as follows:
1. Whether all statements contained within the petition have been found to be true
and correct.
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate
special-district government.
Comprehensive Planning staff has reviewed the six factors referenced above and makes the
following findings with regard to The Quarry CommunitY Development District:
1. Whether all statements contained within the petition have been found to be true and
correct.
Comprehensive Planning Section staff, along with the staffs of the County Attorney's Office, the
Utilities Engineering Department and the Transportation Planning Department, has reviewed the
referenced Community Development District petition, and has also submitted additional
sufficiency questions to the petitioner (see Attachment 4). Based upon the review of the petition
and sufficiency information, staff believes that the information found within these documents is
substantially true and correct.
1
Agenda Item No. 8C
June 22, 2004
Page 39 of 46
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effcctive local government
comprehensive plan.
The Quarry CDD Area is a portion of the approved Heritage Bay Development of Regional
Impact (DRI)/Planned Unit Development (PUD) originally approved by the Board of County
Commissioners in 2003. As part of the approval process, the Development filed both Growth
Management Plan Amendment and PUD rezone petitions. The Heritage Bay PUD Document
was reviewed for consistency with the project's comprehensive plan provisions and was
ultimately determined to be consistent. Approximately, y.. of the DRI/PUD lies within the
County's Urban Designation, Urban Mixed Use District, Urban Residential Subdistrict, as shown
on the Countywide Future Land Use Map. The remainder of the project lies within the
AgriculturalJRural Designation, Rural Fringe Mixed Use District, Receiving Lands, as shown on
the Collier County Future Land Use Map. Finally, the entire development, including the CDD
area, lies within the Urban-Rural Fringe Transition Zone Overlay, which implements the
project's Growth Management Plan (GMP) provisions.
This CDD is a unit of local government established specifically for the purpose of carrying out
the approved Master Development Plan and commitments of The Quarry portion of the
P.D.D.IORI. The CDD does not authorize any fonn or amount of development not previously
approved by the Board of County Commissioners. Therefore, staff finds that the establishment
of the COD is consistent with the Collier County Growth Management Plan.
As to consistency with the State Comprehensive Plan, the County staff notes that the CDD
process is established within Section 190 of the Florida Statutes. The petitioner has not deviated
from the standard process, as established by the Statute. Section 187.201, Florida Statutes.
contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for
Governmental Efficiency, which reads as follows:
" Goal. --Florida governments shall economically and efficiently provide the amount and
quality of services required by the public." .
Policy 2 within this goal area reads as follows:
"2. Allow the creation of independent special taxing districts which have uniform
general law standards and procedures and do not overbmden other governments and their
taxpayers while preventing the proliferation of independent special taxing districts which do not
meet these standards."
As an "independent special taxing district", the proposed CDD is consistent with the State
Comprehensive Plan.
2
Agenda Item No. 8C
June 22, 2004
Page 40 of 46
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
The Quarry Community Development District, if approved, will be one of the County's larger
CDDs (953.682: acres). The BCC has previously approved other large CDDs, such as:
Lely Egret COD (2,8932: acres)
Pelican Marsh (2,075:!: acres),
Fiddlers Creek CDD #2 (999:!: acres),
Mediterra South/Expansion (l, I l3:!: acres), and
Verona Walk: CDD (785 + acres)
Based upon this previous experience and the subsequent success of these CDDs, Comprehensive
Planning Section staff believes that The Quarry Community Development District meets the
above criteria.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
As noted within Exhibit 8 of the CDD petition, there are numerous alternatives available for the
provision of infrastructure and services by and for an approved development. These include, but
are not limited to the following: private funding procured by the developer; establishment of a
homeowners association; establishment of a Municipal Services Taxing Unit (MSTU);
establishment of a Municipal Services Benefit Unit; establishment of a Community Improvement
District Oimited to drainage and irrigation related improvements); establishment of a County-
managed special purpose district; or, direct County management. All of these alternative options
have various legal, financial or other limitations on their operations or do not provide a focused,
compact approach to the provision of infrastructure and services. Therefore, staff finds that
establishment of the proposed CDD is the best alternative available for delivering community
development services and facilities to the area that will be served by the proposed district.
S. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
The proposed cnD cannot develop any facilities and services that are incompatible with the
surrounding area This is because the CDD's sole purpose is to implement conditions and
developer commitments that were part of the original P.U.D. and DR! approvals. The District
Board of Supervisors will not have the legal authority to implement any facilities, services or
development that would be inconsistent with its existing development approvals.
3
Agenda Item No. 8C
June 22, 2004
Page 41 of 46
6. Whether the area that will be served by the district is amenable to separate special-
district government.
Based upon staff findings concerning the previous five criteria, Comprehensive Planning Section
staff finds that the subject area for the proposed CDD is amenable to special district government.
Furthermore, staff recommends that the Board of County Commissioners adopt the Ordinance, as
contained in Attachment 1, establishing The Quany Community Development District.
4
Agenda Item No. 8C
June 22, 2004
Page 42 of 46
ORDINANCE NO. 04-_
AN ORDINANCE OF TIlE BOARD OF COUNTY
CO~SIONERS OF COLLIER COUNTY, FLORIDA
ESTABLISHING THE QUARRY COMMUNITY
DEVELOPMENT DISTRICT; DESCRIBING TIlE EXTERNAL
BOUNDARIES OF TIlE DISTRICT; NAMING THE INITIAL
MEMBERS OF TIlE DISTRICT'S BOARD OF SUPERVISORS;
NAMING THE DISTRICT; PROVIDING STATUTORY
PROVISIONS GOVERNL"JG TIlE DISTRICT; PROVIDING FOR
CONSENT TO SPECIAL POWERS; PROVIDING FOR
CONFLICT AND SEVERABll...ITY; PROVIDING FOR
INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Centex Real Estate Corporation (Centex Homes), has petitioned the Board
of County Commissioners (Board) of Collier County, Horida, a political subdivision of the State
of Horida, to establish the QUARRY COMMUNiTY DEVELOPMENT DiSTRiCT (District);
and
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(1)(e), as required by Section 190.005(2)(e), Florida
Statutes:
1. The petition is complete in that it meets the requirements of Sections 190.005
(l)(e) 2., and 190.005(2)(a), Florida Statutes; and all slntements contained within
the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
clement or portion of the local comprehensive plan of Collier County. known as
the Collier County Growth Management Plan. or the State Comprehensive Plan.
3. The area of land within the proposed District is of suflicient size, is sufiicienlly
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government; and
Agenda Item No. 8C
June 22, 2004
Page 43 of 46
WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2) (c),
Florida Slatutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations. and
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the eSlablishment nor operation of such district is a development order under
chapter 380 and that the district so established does not have any zoning or permitting powers
governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental
planning, environmenlal, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan. building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans. ordinances, or regulations of the
applicable local general-purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exen...ise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, TIlEREFORE, BE IT ORDAINED BY THE BOARD OF COUNfY
COMMISSIONERS OF COLLIER COUNTY. F1..0RIDA that:
SECTION ONE:
AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Slalutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE
DEVELOPMENT DISTRICT.
QUARRY
COMMUNITY
The Quarry Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons arc herewith designated to be the initial members of the Board
of Supervisors:
1.
Tom Wegwert, Chair
4367 Mourning Dove Drive
Naples, FL 34] 19
3.
Jeff Riopelle
21694 Sungate Ct.
Estero, FL 33928
Agenda Item No. 8C
June 22, 2004
Page 44 of 46
2
2.
John T. Landrcss
15101 lona Lakes Drive
Ft. Myers, FL 33908
4.
Douglas S. Cohen
12600 Walden Run Drive
Ft. Myers, FL 33913
5. Mike S. Md..cod
728 Old Trail Drive
Naples, FL 34103
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"The Quarry Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICf
The Quarry Community Development District shall be governed by the provisions of
Chapter 190, Florida Statutes, and all other applicable general and local law.
SECTION SIX:
CONSENT TO SPECIAL POWERS:
Upon the effective date of this Ordinance, the Quarry Community Development District
will be duly and legally authorized to exist and cxcrdsc all of its general and special puwers as
limited by law; and has the right to seek consent from the Collier County Board of County
Commissioners for the grant of authority to exercise special powers in accordance with Section
190.012(2), Florida Statutes, without question as to the wstrict's continued right, authurity and
power to exercise its limited powers as established by this Ordinance. The District Board's
authority to exercise special powers may include the power to plan, establish, acquire, construct
or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities
for. (i) parks and facilities for indoor and uutdoor recreational, cultural, and educational uses;
and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any police power, but may contract with the appropriate
Local' general-purpose government agencies for an increased level of such services within the
District boundaries; all as authorized and described by Section 190.0]2(2), Florida Statutes.
SECTION SEVEN: CONFLICf AND SEVERABll..ITY
In the event this Ordinance conllicts with any other ordinance of Collier County or other
applicable law. the more restrictive shall apply. If any phrasc or purtion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions or this Ordinance shall become and be made a part or the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section",
"article," or any other appropriate word.
3
Agenda Item No. 8C
June 22, 2004
Page 45 of 46
SECfION NINE: EFFECTIVE DATE
This Ordinance shan become errective upon filing with the Florida Department of State.
PASSED ON DULY ADOPTED by the Board of Counly Commissioners of Collier County,
Florida, this nnd day of June, 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: DWIGHT E. BROCK
BY:
DONNA FIALA, CHAIRMAN
Deputy Oerk
Approved as to [rom
And legal sufficiency:
PatrickG. White,
Assistant County Attorney
Mk/gh/f:\compp 1 an/OR D.
4
Agenda Item No. 8C
June 22, 2004
Page 46 of 46
EXECUTIVE SUMMARY
PUDZ-2Q02..A}{..3411 Carl 1\1. Nag~l,managingpartner of CDN Pr()~rtie$ LLC, and Thomas
Craig, Craig Construction and Restoration, Inc., represented by RobertJ. Mulhere, AICP, of
RWA, Ine, and R. Bruce Anderson of Koebel :and Andress requesting a rezone from "A"
AgrictIltural to "POO" Plamied Unit Development for a project to be krtownas the Nagel..Craig
BtLgnessPark POD toalh~w a maximum ot417~OOO square feet or business park land uses in
buildings not to exceed 3$ feet inlteighton 37.5:1: acres. of property located on tbe west side of
Collier Boulevardappro"imately1A mile north ol Vanderbilt Beach Road, in Section 34,
Township 48Soutb, Range 26 East, Collier County, Florida.
OBJECTIVE:
Staff is requesting that the: Board of County Commissioners considerlhis: petition to rezone the subject
site from "AY' to '<pOD" to allow for the development ofaBusmess PatkPUD project that would
authorize ilmaxlrnum of 411,000 square; feet of tQtallellSilble floor area. this project is consiStent and
comp1i~l with all th~appHc~bl~ ~odes an4r~gulat:ions. Approyalpf thi~ proj~tshould m;tintainthis
community's interests and f\;u1berthe gpals, QbjecU\Tesand policies of growth management r.u1esQf
Collier County.
-
.C()NSlDERATIONS:
The prQPpsed NageJ.:.{;taig :a usineS$ .Patk PUDi$ proposed to allow development ora. Business Park.
The petitioner has cQnsidered the Purpose and Intent of the Business Park(BP) zoning district Land
Development Code(LDC) SecUQrt2.2.16 Yiquotedbelow;
",-..
TheputpfJSeand intent of the business park district (BP) is to provide a mix of industrial
uses, cbipora.t~ he~gquait~s .offlces and bU$in~$!prbff)ssibna{offi<;es whk;hcomplement
each other andprovide tonvenience services for the employees Withinthedisfrict; and to.
attr;;wt bus/rn1S$es that (;(eate high. value addedjol1$. It .is inteneed that the13P dist,rictbe
designed in aJlatttaCtive pSlk,.Jike enVironment,. with low structural density and farge
'BJ7JJ!1(;f!PfJd~a$. p(Qvidfld. for .bmn t~flJnctionar USf]of b.vff$ringlJl1d9(1joyment by. the
(JmpfoYf1fiS CftheBP; dis.ttict. ThlfJ 13P distrIct is permitted by thf1 Urban Mixed Use, Ud;;an
CommercTaI,and Orbarrfndus.trial DistriCts of the Future Land UseEJement otthe Coll;er
Ct)unfy GIPwth. Management Plan;
In addition, the proposed. project has beentbund ~(1n$istent willi the QrowthManagement Plan (OMP)~
as specifi<lallyaddresgedby s:mffwitha special timing limitation contained in the effective date portion.
of the enacting Ordinance. This particUlannatter requites the Board's spe.cial consideration. At issue is
the Collier Bo.u1evardroadway classification oat this locatiou. Both .the GMPand LOC require a
BllsinC$s P;u-k tQ~vc4ircct ~~~s.s to ;J..Il ~rial r<)ad.w~y. ll.S discussed a.t length in the OMP ImPll!;t
section of t1rl.S!l).l.U;)1llary,CoUjefBCJu.l~Ya:rdat the. subject location isnQt.SQ classified; it is currently
cla.ssified~ as. ncoUec.lor road. Howevet:" the Collier County Planning Conunission (CCpe) heard the
amendment totbe GMP to reclassify the ro.adway on May 20, 2004. The amendment will be heard by
the Boatdof COuhty Cotiifuissionets as part of the GMP Amendment TtansmittalhearingS scheduled
Agenda Item No. 8D
Nager Ciaig Busil'iNSParI(PUOZ.2002.AFt-3411 tad9C6SE.lrtip June 22, 2004
Page:1 of 5 Page 1 of 116
for June 8,2004, with final adoption of those amendments andcipatedto occur in September or October
of 2004.
Staff ha.s included a tiI11ing constraint clause. in the proposed Ordinance for this project'S rezoning
action that states that the rezoning action on this petition is NOT effective until the roadway
designation has been officially changed. The specific l(\nguage states:
This Ordinance shall not become effective untifit is filed with the Secretary of State, and
until the Collier County Functional Class Map. in. the Transportation Element oUhe Collier
County Growth Management Plan (MaP TR-3) identifies Collier Boulevard (eR 951) as an
arterial roadway and then becom9S effective, except that if the change required above to
identify Collier Boulevard as an arterial roadway has not been adopted and become
effective within one year from the date tha/the Board of COunty Commissioners adopts
this Ordinance, then this Ordinance will not become effective and any implied PUD
approval is deemed 01.111 and voj(J;Thf/JreaJter,the projeqt would be required to be
resubmitted and reviewed incompliance with the entiffJ publio hearing process that would
be required for a new PUDrezoning undertDe requirements in effect at that time.
.,"''''....
An in-depth analysis of this issue is included in the staff report prepared for the CCPC. Comprehensive
Planning staff noted that the Board of County Cot:ntnl.ssloners. had previously supported rezoning
actions when amendments to the GMP wetependil1g. The. roadway iSsue isa Board of County
Commissioner's policy decision relative 10 the OMP. As already noted, staff has in\,::luded language in
the pun document as well as the enacting ordinance to address the roadway issue. If the Board of
County Commissioners is comfortable with staffs position, action can be taken on the rezoning request
at the June 22, 2004 Board meeting.
The Transportation Department has reviewed the petitioner's Traffic Impact Statement (TIS) and they
have determined that th~ projec~ is (;onsistentwtth PolIcies S.land 5.2 of the Transportation Element of
the GMP. In addition.. the petitioner has agreed toprovideadditionalright-of-'way along the future
northern PUDboundary for future improvements to Wolfe Road and a connection to Mission Hills
BOUlevard (loop road) to the south.
Zoning & Land Deve1opment. Review st~ believethls P1"(:)je<;t il) otherwisec()nsi~tent with the overall
goals. objectives andpolicicsof the GMP. as prcyiouslynote~ and bclicvcsthat the timingcons:tra.int
included in the enactingo.rdinanceadequately address~ the roadway is~ue, but leaves the final
determination of OMP policy up to the B.oat.d of County CoIi'1Il1issioncts.
Zoning and Land lJeve!opmentReview s~ha.srevie~d the projectan<! has recommended CiPproval
of the rezQriingbelievingthe project meets the intent of the B-usin~~ Park zQning district of the LDC.
This petition is in complian~ with all requirementS(}f that. district, and the petitioner has reduced tbe
list of uses to less than what would be permitted in tb.eBusiness Park zoning district ovetall.aild
further refmed the proposed use list to addtess staffs concerns and those of the neighbors;
.......-....
This petition W3$ originally scheduled fora Board. of County C(}mmissionenhearingon~bruary 10,
2004, but the petitioner's sought an indefinite continuance "to allow additional time to work with
Vanderbilt COllnty Club residents; to attempt to resolve any outsiandfug issues of concern." A meeting
Was held on May 21. 2004 between the petitioners. agent atldtherepresentatives. frorn Vanderbilt
Country Club. Staff has been a.dvisedby thepetitioneris ageIll tha.t final results of that meeting willnot
... Agenda Item No. 8D
Nagel Craig Business ParkPUoz,2002-AFl-3411 tad9C63E.tnip June 22, 2004
Pclg&20t5 Page 2 of 116
be fonhcomingfor a few weeks. Therefore, the petitioner will have to provide thaUnformation at the
BCC hearing, because the Executive Summary will already be (lllalized by then.
FISCAL IMPACT:
This PUD by and of itself will have noflscal impact on the County. However~ if this request meetslts
objective, a portion of the existing land will be redeveloped, The fact that ncwdevclopment has been
approved willresnlt in future fiscal impact on County public facilities. The County collects impact
fees prior to the issuance of building permits to help offset the impacts of each new development on
public facilities. These impact fees are used to fund projects in the Capital Improvement Element
needed to maintain adopted Levels of Service (LOS) for pub lie facilities. ill the event that impact fee
collections areinadequate to maintain adopted levels of service, the County must provide supplemental
funds from other revenue sources in order to build needed facilities.
Development takes place in an environment of concurrency management. When Level of Service.
requirements fall below adopted standards, a mechanism is in place to stop building activities. Certain
LOS standards apply countywide and would therefore bring about . a countywide concurrency
determination versus. roads that may have local geographic concurrency implications.
This project seeks to develop a maxiIIlum of 417,000 square feet of leasabletloor area, however it is
not known whether that square footage will be industrial oroonim.ercial uses, so staff must make an
assumption to calculate potential impact fee payments. Therefore, staff has calculated the potential
impact fees based upon the assumption of 100 percent build out of general industrial uses. It should be
noted, however, that impact fee payments vary by land llse we and this zoning approval does not
provide the level of specificity to determine how many square feet could be devoted to any particular
use, or mote importantly, which uses will ultimately be developed. Zoning approval gfalltS the
developet the ability to choose from a list of approved uses; the actual use deterthination is hot
provided to county staffuntil much later in the development process.
TYPE OF IMPACT FEE ReQUrRED PAYMENT DUE FROM THIS PROJ ECT
Road $ 5,233.00/1000 sauarefeet $2; 182,161.00
Fire o .30/satlate foot 125100.00
Correctional Facilities O.03121sauare foot 13;010.00
EMS 41.QOftOOQSCluare feet 17,097.00
TOTAL $2;337,368.00
The total impact fee shown above is atudirnentary estimate. Additionally, there is no guarantee that
the ptoject,atbuild out. will maximize itsauthorizedlevel of development.Othet fees collected may
include building permit review fees and utility feesassodated with connec.ting to the County'ssewer
and water system. Building permit fees and utility fees have traditi<maUy offSet the cost of
administering the Community Development Review proces~;wbereaslltiUty fees are used on their
proportionate share of impact to the County system. Finally ,additional revenue is generated by
application of ad Valorem tax tates. The revenue that will be generated depends On the value of the
improvemen~. Atthis point, a model has not been develo~d to arrive at a reasonable estimate of.tax
revenue based on ad Valorem tax rates. Please note that the inclusion of impact fees: and taxes
_.
Nagel Craig BusineSs ParkpubZ.2002.AR.3411 rad9C63E.1mp
Page 3 ot 5
Agenda Item No. 8D
June 22, 2004
Page 3 of 116
collected are for informational purposes only, they were not included in the criteria used by staff and
the Planning Commission to analyze this petition.
GROWTH MANAGEMENT IMPACT:
The subject property is currently designated Urban (Urban - Mixed Use District, Urban Residential
Subdistrict) as identified on thc Future Land Use Map (FLUM) of the Growth Management Plan
(GMP). This district is intended to accornmodatea. variety of residential and nQn-residential uses,
including mixed-use developments such as Planned Unit Developments. In addition, the Urban-Mixed
Use District, Business Park (BP) Subdistrict, contained in the Future Land Use Element (FLUE)
pennits a mix of industrial uses and non-industrial uses. This rezone request is consistent with this
Business Park Sub-district by providing specific uses and development standards, and as limited in the
proposed Ordinance and PUD document regarding timing, the rezone request is consistent with the
overall GMP.
ENVIRONMENTAL ISSUES:
The Environmental Review staff has reviewed the petition and the PUD doownent. Any
environmental concerns have been adequately addressed in the PUD document and on the Master Plan.
This petition qualitied for a waiver from the Environmental Advisory Council (EAC); this petition WM
therefore, not heard by that body.
ENVIRONMENTAL ADVISORY COUNCIL CEACl RECOMMENDATION:
The EAC did not hear this petition as noted above.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This petition was originally scheduled fora December 18, 2003, cepe heating, but it. was continued
by the petitioner to allow time to meet with the neighbors. The petition was heard by the cepe on
January 15, 2004. By a unanimous vote (9:0), the cepc forwarded Petition PUPZ,2Q02-AR-3411 to
the Board of County Commissioners (BCC) with a recommendation of approval, subjeCt to the
changes made by the petitioner dllring that hearing, and other limitations included in the CCPC motion
as follows:
Changes. made by the petitioner include:
-
1. Height limitl,ttlQnof two stories or 3() feet (zoning height), whichever is less, for all buildings in
Trl),CtsB-3 ~d B-4; and
2~ This PtQject will comply with the Architectural and site design standards and guidelines for
cornmercialbuildings and projects, as contained in LDC Division 2.8; and
3. Canopy tree height within the Collier Boulevard buffer will be a minintum of 11 feet; and
4. Buildings fronting on Collier Boulevard must be set back from the PUD boundary a miniinum
of 75 feet; llnd
5. Over.night commercial vehicle parking must be contained to rear yards and it must be screened
if adjacent to residential use~. Wolfe Road, Collier Boulevard or the Loop Road; and
6. COlIlIIiunication Towers are prohibited in Tracts B-3 and B-4; and.
Nagel Craig Business PilrkPUOZ.2002-AR.3411 radSCSjE.tmp
Page 4 at 5
Agenda Item No. 8D
June 22, 2004
Page 4 of 116
7. The uses are further limited as provided in the revised pun document.
Additional stipulations adopted by the CCPC include:
1. Auto Rental uses are prohibited~ and
2, This developer must provide roadway improvements to Wolfe Road and the Loop Road when
this project has completed 350,000 square feet of floor area or five years from the datcof
approval of the petition1 whicheve.r comes flrst, unless the required improvements are made by
others.
All the above referenced changes have been incorporated into the PUD document that is being
forwarded to the Board of County Comrnissionersfortheir consideration.
NtitIlerouS meetings have been held between the petitioner (or their agents) and the property owners
within Vanderbilt Country Club. It appeared at the Planning Commission hearing (CCPC) that no
objection to this petition rcmained andagrecmcnt had bcert rcachcdamong the parties. Mr. Chappel
Wilson, who stated that he represents 1,600 residents of the Vanderbilt Country Club and the
Vanderbiltl951 Ad-BocCommittee of which be is chairman, spoke at the CCPC hearing in support of
the petition. However, some property owners have raised oPPQsition since that meeting. As
previously noted,. the petitioner sought and. received a continuance at the February 10, 2004 Board of
County CoI1im.issioners hearing to allow additional time to meet with the neighbors. As previously
noted, a meeting took place on May 21, 2004, between the petitioner's agents and the Vanderbilt
CQunty Club represenlatives. The results of that meeting will not be forthcoming for a couple of
weeks, Staff therefore, does not know jf the issues with the neighbors have been resolved. The
petitioner's agents will make present any changes to their position at the Board of County
ComIIlissioner'shearing. As a result, this petition could not be placed on the Summary Agenda.
STAFF RECOMMENDATION:
Staff analysis indicates that the proposed Nagel Craig Business Park PUD is compatible With
suttOun'ding land uses andiscQnsistent with the applicable elements of the Growth Management Plan.
therefore, staff recommended that the Collier County PlannillgCorhInission forward Petition PUDZ-
2002-AR-3411 to the BOard of County Commissioners with a recommendation of approval subject to
compliance with tl1eOrdinance of Adoption and Exhibits thereto.
Nager Ciaig Business ParkPUOZ.2002-AR-3411 (~6$e.tmp
Pa,g&5 of 5
Agenda Item No. 8D
June 22, 2004
Page 5 of 116
-
Item Number
Item Summary
Meeting Date
Approved By
JOS~l>h K. Schmitt
Communit'1 O~"e!opm~nt &
EnltjfO:llll~"rol S!>rltl<oes
COLLIER COUNTY
SOARD OF COIJNTY COMMISSIONERS
8D
PUDZ-2002-i\R-341 ~ C<lrl M. Nag,,!. managing pMn,,; 0; CDN PropN;;"" LLC.
and Thon1r:s Crr:ig. Crr:!g Con~tru.::~!c:.n ~n.j R-35'h)Tat:O:"l. Inc., r~1prese:1ted by
Robert .1. ~11;:t',f~re, Ale?, of R\VA, In,:, artd R. 8ruce Anderson ()f R()etzf:t 2nd
Andre~s requesting '" rp.~\.~ne 1!orn ~'A. Agricu:tl..:ral to :'PUD~ P;anr~d Untt
DavekJ;:H"n~rlt f(;T a ))roje(~t t(J h!3 ~;no'l"n 3$ the NBge:-Cralg Sus:rIBs~. Park PUD
to anow a In;,:,xl~nl:m of 417,000 SqUd!6 :8et of bush~es$ pdr)r~ Jdnd I;s.es in
buooings ['.at 10 6xce$d 35 f~:uat in he:g,ht!,;fi 37.5 r..4.C'.l. actas of i.H'Operty
iccated on th'3 Vliest side Gf CoH:er 8~~ulevard appr>..'!xhna:.e1v 1 !~~ m:IB north 0:
\landerb::t B(~af;h Rc-ad, ;n SeG"t:on 34, Tcwnsh;rJ 48 Sc.t.Hh. Range 26 E3S~,
CoHier County, Florida.
E;,'22!2004 9:00:00 AM
Co,.,.,rmm'\Ji Oevalopmerot &
EFlvlronmenta: S~r..k~s Adminstrator
Date
C{lmmun!ty r;"v~loprr:-e"t 8-
Er;,in:ultY:t)r'!b; S(:f,~C(:~ Admin.
t;Jtt!7.mM 9;(1(; PM
Approved By
Date
Ccnst3n~e A... John~on
Ccmm"nity D<:;v.,I",pm<:m l!.
Envlmf"'f"wml S",~vk"$
Qperi3tlons Analyst
CommuFllt"t Devclopmem &.
Envir...mm",,:.a; $al'Yica~ Ad,.,.,i11.
SI1MlC(l4 H).n" AM
Approved By
Administrati.."e Assisu'lllt
Out"
Pat Lallllhard
County Mi>Fl<>g.,!',; Office
Off,ce cf Management &. Eludg~t
w-15!ZOG41!i:52 AM
Approved By
nlrtJ.l
Mark !$a"~.~''''
Ccunt)! Ma"al<ers Office
Budget A.nlilyBt
OffiCi> of Mu"ugam""t I!. BLodgL4
611SJ2C0411.19 AM
Date
Approved By
Mlchoo; Sm)lkowslii
Ccmnty M~r:~se=-.s. Office
Mal'!al;lem"l'!! I!. Bu~"t Oir"dof
Offl"" of ~'>rl"g"m"nt. & no;dget
<S115rl.f:O.: 5:"0 Nil
Approved By
D<'lte
.James V. Mudd
I!lc<'lrd of County
COffi",,;ssiGni!:"rs
Count"1 Mafll'lgef
County Manag",'s Of:lce
6J15:2C04 l; :31 PM
Approved By
Ollt"
Sandf?J Lv::)
Communit'j Development &
Envlfomnenrol S!>rvl<oes
r:xf>Cl.Itlve s.ecrot;;"'j
Commun!ty O"velop...";;t &
Ellvlronm"l'!!al 3f<fvlc<<s Admin.
&i3!2GG4 11 : 17 AM
Approved By
Chief PlanFl!>r
03te
Ray Be,low,;
Comm,mity D<:;v!>l",pm<:m .&
En"ln~(,m"nt31 Services
7.<)"~"1I & l.",,,,d l)a.""lop''la'lt fl*v,ew
6J?J2C0411:511 AM
Approved By
Oat.>
Susan Murr...y. A;CP
COln!!",unlt;, Qe\'dopmellt &
Eflltlfr,mll1~ntal Serltk.ffll
Zonlnl;ll!. Land O"""IOPIY'''flt Dir!>d!lr
Zoning & lnnd tleveEcpment 1~"1i;\lw
<SJI1I2<iii4 ~:sa f'M
Agenda Item No. 80
June 22, 2004
Page6of116
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AGENDA ITEM 8-F
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Co~T County
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SUPPLEMENTAL STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REvmw
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION
HEARING DATE: JANUARY 1St 2004
RE:
PETITION: PUDZ-2002-AR-3411; NAGEL-CRAIG BUSINESS PARK PUD
SUPPLEMENT AL ANALYSIS:
The Collier County Planning Ccmmission (CCPC) was scheduled to hear this petition at the December
18,2003, meeting. The petitiom:r sought and received a continuance until January 15,2004., to allow the
petitioner's representatives the opportunity to meet with some Vanderbilt Country Club property owners
who had contacted him. The pre.perty owners asked that changes be made to the project's proposed uses,
to limit or delete some of the rues proposed within the project Meetings were conducted between the
petitioner and those property owners during the week of December 29, 2003; negotiations are still
underway, with correspondences pending as this report is being prepared (January 5, 20(4). Due to the
holidays, the negotiations have not been fmalized The petitioner will present a revised PUD document at
the CCPC hearing and explain the changes proposed The current PUD document was for.varded to the
CCPC as part of the staff reportti>r that December 18, 2003, hearing.
In addition, the petitioner has rev ised Deviation # I, withdrawing that. portion of the deviation seeking to
reduce the eastern perimeter proj ~ct buffer (along Collier BoulevardlCR 951). Staff is supportive of this
change. A copy of the petitioner'~i revised Schedule of Deviations is attached
The Department of Zoning and Lmd Development Review staff recommendation remains th: same. Staff
is still recommending approval. of the overall rezoning to PUD. Initial analysis indicated that this PUD
was consistent with the Growth Management Plan and the project would be compatible with the
surrounding neighborhood. In general, although staff has not reviewed the proposed chang:s. staff most
likely will not have any objections to the proposed changes because the changes should nsult in a less
intense project, thus approval remains justified. Staff recommends that the Planning Commi:;sion fOlward
this petition to the Board ofCoun1.y Commissioners with a recommendation of approval.
Nagel.cralg Business Parte pUD-2002.AH-3411 Supplemental Staff Report 1-5-04.doc
Agenda Item No. 8D
June 22, 2004 .
p~gEOt~ of 116
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PREPARED BY:
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KAY E LEM, AICP , PRINCIPAL PLANNER
DEPARTMENT OF ZONING AJ-lD LAND DEVELOPMENT REVIEW
1- 5 - 0 tt~
DATE
REVIEWED BY:
{- 5-0"-1
RAY LLOWS, CHIEF PLANNER DATE
DEPART.MENT OF ZONING AND LAND DEVELOPMENT REVIEW
~~,. .
,AUSAN MURRAY, AICP, INfEF~crOR
. DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
I-?-O{ ..
DATE
APPROVED BY:
//~h~
HK.SC " DATE
DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION ADMINIHTRA TOR
. COLLIER COUNTY PLANNING COMMISSION:.
-".uSSELL A. BUDD, C~.
Attachment: Revised Schedule of Deviations, dated January S, 2004
Agenda Item No. 8D
June 22, 2004
Page 8 of 116
Paae2 of2
Nagel-CraiQ Business Part< PU0-2002-AR~W 11 Supplemental staff Report 1-5-04.doc
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SCHEDULE OF DEVIATIONS
(AND NARRATIVE EXPLANATION AND JUSTIFICATION)
1.
Deviation from LDC Section 2.2.16 112.2.4 (7) to allow for a five-foot reduction in the
required northern. and southern perimeter buffers from 25 feet to 20 feet. Tht:se 20-foot-
wide buffers shall be designed to be opaque within one year With a six-foot wall, fence,
hedge, or berm, cr combination thereof and two staggered. rows of trees spaced no more
than 30 feet on center and a meandering LDC Type D landscape buffer hedge. In
addition, a minimwn of 50 percent of the buffer area shall be composed of a meandering
bed of shrubs and ground covers other than grass.
Explanation and Rational for Deviation Request: .
LOC Section 2.2.J'6 ~.2.4 (1) reads asfOJ/ows:
A 25joot wide lal'Jdscape buffer shall be provided around the boundary of/he business
park. A six-foot tall opaque architecturally finished masonry wall, 0" berm, or
combination thermf shall be required and f\.ifO staggered rows of trees spaced no more
than 30 feet on emler shall be located on the outside of the wa/~ berm, 0" bermlwall
combination.
The project is unique in that it will be surroWlded on three sides (north, east & south) by
roadways (two of which do not currently exist and which will be facilities.. in part, by
reservation! dedication ofland from Nagel-Craig Business Park). To the DOI-1h is Wolfe
Road, which is intended to become a public road at such time as all necess:try ROW is
reserved and acqdred. The Nagel-Craig PUD provides for a 40-foot wide reservation
(for first 500 feet east of Collier Boulevard) and a 30-foot reservation along the balance
of the project's northern boundary for Wolfe Road. Wolfe Road will provide a
significant public benefit by reducing impacts on the intersection of Collier Boulevard
and Vanderbilt Beach Road, by allowing residents and guests, and employees and clients
of properties along Wolfe Road and to the north and west of Wolfe Road to travel north
and south withou: impacting this intersection. The same benefit is derived from the
smaller loop road that will be constructed around the newly approved shopplng center in
Mission Hills pun to the south of the Nagel-Craig PUD. A significant p<lrtion of this
loop road is locatt:d on Nagel Craig PUD property. Once constructed, the road will be
dedicated to, and maintained by, the County. Transportation staff requested both the
smaller loop roadmd Wolfe Road. There is a significant public benefit to the widening
of Collier Boulev.rrd and the establishment of the loop road and Wolfe Road. This
request simply minimizes the impacts of these reservations on the property owner.
without compromi;ing the intent of the perimeter buffer requirements. The requested 20-
foot wide buffer wlll be visually attractive given the planting requirements. '(be five-foot
reduction will not will not be discernable to passing motorists and pedestriarlS, nor will it
have a deleterious:mpact on the health and survivability of the plantings. TIle buffer will
be designed to be ....irtually opaque within one year.
To approve such a deviation will not set a precedent, as there are no other known
examples of busin,~ss park district zoning surrounded on three sides by roads to be or
roadway easement:: to be dedicated by the applicant, as is .the case here. Additionally, it
Nagel-Craig Business Park; PUO-2002-AR-3411 Page 1 \Agenda Item No. 80
Schedule of Deviations (N~rratille Explanation & Justification) 1/5104. June 22, 2004
Page 9 of 116
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will actually make the project consistent with the LDC requirements for 20' Type D
landscape buffering adjacent to vehicular right-of-ways per LDC Sec.2.4.7.4 Table 2.4.
It is justifiable to approve the requested 5-foot reduction perimeter landscape buffer
width, when one cO:1Siders that:
~.
a) We will be pl:m':ing all required vegetation;
b) The requested 20-foot wide buffer will be equal to or greater than buffers 011 adjacent
properties;
c) The 5-foot red1:ction will not be discernible to motorists or pedestrianst since the
LDC requires a 6-foot wallt bermt or combination thereoft to be install:d within
perimeter landsc ape buffer; an~
d) None of these perimeter buffers (north, south and east) are adjacent to Jesidential
development, where clearly the wider buffer is justified.
e) FinallYt we have agreed that:
(1) A minimum of80% of the required trees per Section 2.2.16 ~.2.4.7 ~:hall be
located V'ithin the 20 foot perimeter bufferst placed no more than 30 feet on
center; aJldt
(2) One or more additionallandscapelgreenspace areas totaling IltOOO s:{uare feet
and not It:ss than 4,000 square feet in any single location shall be 10Clted
internal to) the Business Park or clustered at Park entrances. This additional
landscapc:/greenspace area shall include at a minimum the balance of the trees
not requi:'ed per paragraph (a) above, but normally required within tbe 25-foot
Business park perimeter buffer by Section 2.2.16 K2.4. 7.
2. Deviation from LDC Sections 2.6.11.4.2 and 2.2.16 ~.2.4 (7) to waive ,he
requirement for a six-foot tall opaque architecturally finished masonry wallt or
bennt or combination thereof within the PUDs western perimeter buffer.
Explanation and Rutional for Deviation Request:
. LDC Section 2.6.11A.2 reads asfollows:
,-
Walls and finces required contiguous or. opposite residentially zoned distrkts.
Whenever a nonre~;idential development lies contiguous to or opposite a
residentially zoned district, said nonresidential development shall providE' a
masonry wall or prEfabricated concrete wall/fence. If located on a contiguous
property, the Wa/lf.fei"lCe shall be a minimum of six feet and a maximum of ei.ght
fiet in height and shall be located a minimum of six feet from the residentit.rlly
zoned.rJistrict. If on .1 property opposite a residentially zoned district but .fronting
on a local street, 07 the properties are separated by a platted alley, the walVft/'lce
shall be located a .71inimum of three feet from the rear of the right-of-'l'Iay
landscape buffer line and shall be four feet in height. On properties which front
on more than one st"eet, a six-foot high wall/fence shall be required along the
street which is opposite the primary ingress and egress point of the project along.
.the street.frontage wNch is adjacent to the rear of the project.
Agenda Item No. 8D
Nagel-Craig Business Park; PUD-2002-AR-3411 Page 2 of 5 June 22, 2004
Schedule of DeviationS (Narrative Explanation & Justification) 1/5104 Page 10 of 116
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At the applicants' request, the planning services director may determine tha/ a
masm.ry wall/fenc'e is not warranted, particularly where the local street [ies
contiguous to the ~ear of a residence or some other physical separation exirts
between the residential development and the nonresidential development, or for
other good cause including the existence of a wall on an adjacent residential
development. The applicant shall demonstrate that the intent of this section ('an
be ejJectively acccmplished, without constructing a wall, by submitting for rhe
approval of an alternative design, and a descriptive narrative through the
administrative var ~ance process set forth in subsection 2.6.11.5.7. of this Code.
The planning services director will review the submitted documents for
consistency with the intent of this section and, if the administrative varianc!! is
approved the fact of the approval and basis for it shall be stated in the site
development plan crpprovalletter.
Section 2.2.16 ~.2.4 (7) reads asfollows:
A 25:(00t wide la1ldscape buffer shall be provided around the boundary of the
business parle. A tix-foot tall opaque architecturally finished masonry wall, or
berm. or combi1U1tion thereof shall be required and two staggered rows of trees
spaced no more thm 30 feet on center shall be located on the outside of the wall,
berm, or bermlwal.' combination.
Currently, no portion of the property is adjacent to residential uses. The portion of the
property that will be adjacent to the future residential uses, assuming the 'Wolf Creek
PUD is approved, will be separated from those residential uses by significant letained and
replanted native ve getation preserves. Further separation will be provided in the fonn of
stann water managl~ment lake facilities. It must be understood that minor revi sions to the
bowlClaries of the I'reserves (both created and retained) may occur. The nativl: vegetation
buffer width is. a1 its narrowest point, a minimum of fifty feet in width. The native
vegetation makes a substantial buffer between the adjacent residential and the business
park. These prese rYes. both existing and planted will provide for a more than adequate
buffer, when coupled with the roadway and the buffer on the adjacent. residential
development
The deviation reql.lest has been revised to indicate that at the time of SDP. a landscape
plan will be submitted depicting existing retained vegetation, vegetation to be planted as
mitigation for nati"e vegetation retention, an~ where necessary, supplementul vegetation
within retained na1jve vegetation areas to result in vegetative screening of the business
park uses from the adjacent residential property. The purpose of the wall re=luirement is
to ensure that the adjacent residential land uses are adequately buffered from the business
park uses. .In the case at han~ structures are limited to a height of 35 feet wi.thin 100 feet
of the adjacent prc,posed residential PUD. Moreover, no outside storage is permitted in
the PUO. Thus, there are no concerns relative to tall buildings, or noise, or odors, that .
might be generated from the business park uses, as we have agreed to Ii mit building
heights to 35 feet ILot to exceed one story within 100 feet of residentially zoned property.
The existing native vegetation areas, coupled with the proposed replanted vegetation
areas, water management lake, and buffers that will be installed on the adjacent future
residential PUD Will more than adequately screen the residential uses from the business
Nagel.craig Business Park; PUD-2002-AR-3411 Page 3 henda Item No. 8D
Schedule of Deviations (Narratl\e explanation & Justification) 1/5104 June 22, 2004
Page 11 of 116
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park. The vegetaticln within the preserve areas will be supplemented, where necessary to
ensure virtually opf.que buffer. Please keep in mind that the adjacent residential PUD is
required to provide: a Type B "Fifteen-foot-wide, 80 percent opaque within one year
landscape buffer silc. feet in height, which may include a wall, fence, hedge, berm or
combination thereof, including trees spaced no more than 25 feet on center. When
planting a hedge, it shall be a minimwn of ten gallon plants five feet in height, three feet
in spread and spaC(:d a maximum four feet on center at planting." So, in actuality, the
buffer between thes::: uses will be at least 65 feet in width, and in most cases significantly
wider. This will be virtually opaque and shall be adequate to buffer the:: adjacent
residential uses.
3. Deviation from LDC Section 2.2.16 V,.2.5.5 which limits building heights in the: Business
Park district to 35 feet to allow building heights up to 42 feet in height when located a
minimum of 100 feet from any residential zoned property.
EXDblllation and Rational for Deviation Request:
lbis request is c.ensistent with the allowable height in the Mission Hills PUD
immediately to the south. Allowing thcincreased building height of7 feet will allow for
architectural roof design flexibility, and higher ceilings, within a three story building,
which is appropriate for professional office uses and corporate headquarters. Ihe district
purpose and intent indicates that the BP district be "designed in an attractive park-like
environment, with le.w structural density and large landscaped areas provided for both the
functional use of buffering and enjoyment by the employees of the BP district." The
allowance for slighlly taller buildings will clearly allow for 3-story office structures
designed with architectural embellishments and enhanced roof design. SinCe:l the total
square footage oftht:: park is limited to 417,000 square feet, encouraging the de'/elopment
of 3-story office bui ldings will further the purpose and intent of the district b~' reducing
building coverage md increasing land available landscaping and open space. The
allowance is not in ,;onflict with the intended low structural density, which arguable is
achieved through open spaces and landscaping and not necessarily througl reduced
height, particularly ~ince 3-story buildings can be achieve in 3S feet. The additional 7
feet requested simpI)' creates an opportunity for greater architectural design :aexibility,
primarily for office uses located on the second or third floor of a building, and for a
flexible roof design 1 hat will be much more aesthetically appealing, such as a gable roof
design versus a flat mof design.
Moreover, the only planned future residential zoning adjacent to the PUD is along the
western boundary (W'olfe Creek PUD). The PUD Master plan provides for native
vegetation preservation retention and mitigation areas along the western boundary, which
are at minimum 50 feet in width and on average more than 100 feet in width.. The
perimeter buffers an d perimeter roadways, coupled with the predominance: of non-
residential uses adjac:::nt to the project ensures that the additional building height will not
result io an incompatibility issue. We have agreed, as was discussed with staff on July
29th, to limit building height to 35 feet not to exceed one story (the same building height
that is pennitted in the single-family residential distinct) within 100 feet of ::esidential
zoned property. This will also ensure an appropriate transition required unde:~ Division
2.8. Agenda Item No. 8D
Nager-Craig Business Park;PUIJ-2002-AR-3411 Page 4 of 5 June 22, 2004
Schedule of Deviation. (Narrative Explanation & Justification) 1/5104 Page 12 of 116
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4. Deviation from LDC Section 2.2.16 ~.2.1 and 2.2.16 %.2.3 which identifies Permitted
Primary and Secondary uses, respectively, to allow for the following addi1ional uses
which are not spt cifically identified in 2.2.16 YI.2.1 and 2.2.16 Yz.2.3, but which are
comparable in na1ure to many of the uses that are expressly permitted and which are
desirable uses witl:in the business park.
a. Pennitted Principal Uses and S1ructures:
1. Building construction - general contractors (groups 1521 - 1542).
2. Landscape Counseling and Planning (0781)
b. ACfessorv Uses to Permitted Primary and Secondary Uses:
1. Aut)mobile rental (group 7514), accessory to a permitted hoteVmotel
(group 7011) only.
Explanation and national for Deviation Request:
The deviation requ~st for these few uses is based upon their comparable nature: with other
expressly permitted uses in the district. We have provided substantial buffering,
especially from the proposed future residential to the west. We intend todc:velop very
attractive building~ in a. "park-like" setting. Outdoor storage of equipment is prohibited,
and parking of (ommercial vehicles is only permitted in rear yards. Building
construction - general contractors (groups 1521 - 1542), which includes general building
contractors, for both residential and non-residential buildings, including industrial and
warehouse buildings, is not in any significant way different from Spe<:ialty trade
contractors group (1711 - 1799), which is permitted in the Business Park zon ing district.
Thus, a deviation is being requested. Please remember that outside storage is not
permitted anywhem in the park. If specialty contractors are located within th4~ park, then
it ImLkes sense to potentially allow for general contractors to be located within the park as
welL assuming that equipment and material storage will be located elsewhc:re and that
primarily the park would accommodate a company headquarters/office facility (with
respect to both general and specialty trade contractors).
The SIC Code describes Landscape Counseling and Planning (0781) as Establishments
primarily engaged landscape planning and in perform landscape archi1:ecture and
counseling servic~.. 1bis is a use that is very similar to the permitted (Engineering,
accounting, research, management and related services (groups 8711 -:-874~). In fact,
many full-service c::>nsulting firms provide landscape architecture services in addition to
civil engineering, j:lanning, surveying ad the like. To exclude this use docs not make
sense.
The auto rental use~ is only anticipated as a support (accessory)'use to a poteIltiallodging
facility (boteUmotel).
Nagel-Craig BusinesS Park; P UD-2002-AR..3411
SchedJle of Deviations (Narrative Explanation & Justification) 115J04
Page 5 oAgenda Item No. 8D
June 22, 2004
Page 13 of 116
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AGElIDA ITEM 8-0
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eolM'.,. County
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STAFF REPORT
COLLU:R COUNTY PLANNING COMMISSION
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DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: DECEMBER 18, 2003
SUBJECT: PETmo:~ PUDZ-2002-AR-34 I I
AGENT/APPLICANT:,
OWNER:
Carl M. Nagel, Managing Member
CON P.ro-Jerties LLC
711 Fifth Avenue South
Naples, F L 34103
AGENT: Thomas Craig
Craig Construction & Restoration
.2770 S. Horseshoe Drive, Suite 4 .
Naples, FL 34104
REQUESTED ACTlO& The petitioner wishes to rezone approximately 37.5 acres of land
c..'"\UTently zoned AgricuJ:ural ("A") to Planned Unit Development (PUD) which will be known as
the Nagel-CraigBusin~s Park PUD. The project proposes a maximum of 417,000 square feet of
total leasable floor area to allow development of a business park.
GEOGRAPIDC LOCATION: The subject PUD is located at the west side. of Collier Boulevard
(County Road 9S I) in the southwestern quadrant of the intersection of Wolfe Road and Collier
Boulevar(~ approximaltdy one-quarter. mile north of Vanderbilt Beach Road in Section 34,
. Township 48 South, Range 26 East, Collier County, Florida. (See illustration all the following
page.)
PURPOSElDESCRIP110N OF PROJECf:
The proposed 37.5:t-acre PUD is intended to allow fB(.business park uses (pw'Suant to LDC .
Section 2.2.16%) on: property that is cleared, but undevel6ped eXcept for a plant nw'Scryllandscapc
business operation open.ting on a 3.6-acre area located near the center of the site. lbere is a small
(0.37 acre) Palmetto Pn.irie community in the southwestern comer of the parcel, md a 7.95-acre
Pine Flatwood commun.ty in the southern portion of the property and along the w:stem property
line. The subject propelty is adjacent to an undeveloped residential PUD zoned project on this
subject property's west ml boundary and an undeveloped commercial PUD all the southern
boundary.
Agenda Item No. 8D
June 22, 2004
Page 14 of 116
G:\Current\DoSeIem\PUD Rezonus\Nagel Craig Business Part! PUD AR.2002-AR-3411\STAFF REPQR1.doc Pi!,.1 of 11
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The PUD document cO:ltains the following table depicting the proposed land usc:s within this
project:
e:~~gJei'Ar~rKf(jse:M_~.If.W~_~._... _.-._:
!-and Use Acreage
Water Management Lakes (L) +,- 2.5 acres
Future ROW RnservationlOedication (ROW) +,- ~.O acres
Existing Native Vegetation Preserve Areas (PH) +,- 2.5 acres
Native Vegetathn Mitigation Areas (PM) +,- 2.0 acres '.
Total Native Ve~etation (PN + PM) +,- 4.5 acres
Business Park Development Tract(s) (8) +,- 27.5 acres
Total Project Sl~e 37.5 acres .'
Total Pro'ect Si:~e less ROW Dedication +,- 33.5 acres
I Approximately 1.0 acre I)f the required 2.0 acres of Native Vegetation ReplantinglMitigatkm area (PM) is
depicted on the Master PI<ln. The balance will be provided within the Business Park Tract(s) (8). All such
replanted native vegetation mitigation areas must be in compliance with LDC section 3.9.5.5
If approved, the develoJ,ment plan will allow a maximum of 417,000 square feet of "primary"
uses-General Light lndllstrial Uses; a maximum of 125,100 square feet of secon<h~ uses along
with water management and open space areas and the requisite roadways and landscaping. The
petitioner is seeking four deviations from Collier County Land Development Code. These
deviations are explainedmd analyzed within this report.
SURROUNDING LAN][) USE AND ZONING: (See attached Zonin!!. MaD)
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North: Wolfe Road, then an Agriculturally ("At!) zoned tract that is to be used for water retention
purposes for the expansion of Collier Boulevard (CR-95 1)
East: CR 951, then "A' zoned lands that are currently being cultivated and used for agricultural
pmposes.
South: Mission Hills pun (approved by Ordinance Number 2003-03), an undeveloped 33:tacre
site to be developc:d with up to 200,000 square feet of leasable commercial floor area
\Vest: Wolf Creek PUD (approved by Ordinance Number 2003-45), an undeveloped 147::1: acre site
proposed to be d(veloped with a maximum of 591 dwelling units, at a gro~s density of 4
units per acre I Aerlol Pboto
e
enda Item No. 8D
June 22, 2004
G:\CufTent\Deselem\PUD RezoneslNagel Craig BusIness Par1t PUDAR-2002-AR-3411\STAFFREPOR1.~21:f>1of 116
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GROWI'H MANAGEMENT PLAN CONSISTENCY:
Comprehensive Plannin~. Staff has reviewed this petition and has provided a memo dated October
7.2003 that contains their analysis and recommendation. That memo is quoted below. with the
requirements of the OMI' shown in italics and staffcomments following.
1be subject property is designated Insert Land Use Designation, as identified on the Future Land
Use Map of the Growth Management Plan. The subject property is currently desi,plateQ Urban
(Urban - Mixed Use Dis-rict, Urban Residential Subdistrict) as identified on the FutJ1'e Land Use
Map of the Growth Maaagement Plan. This district is intended to accommodate a variety of
residential and non-resielential uses. including mixed-use developments such as Planned Unit
Developments. In addition, the Urban-Mixed Use District, Business Park Subdistrict, contained in
the Future Land Use Element permits a mix of industrial uses and non-industr:lal uses. The
petitioner asserts this re::one request is consistent with this Business Park Subdistrict. (The BP
l.oning district in the LDC implements this Subdistrict by providing specific uses. development
standards. etc.) TIlls Subdistrict is listed below. with comprehensive planning stairs comments
following each criterion [in bold and brackets].
The Business Park Subdu,trict is intended to provide for a mix of industrial uses and "on-industrial
u.:res, designed in an attr,'1ctive park-liu environment with low structural density where building
coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment
by the employees and pa TOns of the Park. lIDs rezone request is consistent with this Business
Park Sub-district by providing specific uses and development standards.
a. Business Parks siwll be permitted to include up to 300A, of the total aCrEage for non-
industrial uses as identified below in c. [pUD sets fortb tbat the Permitted Secondary
Uses shall be limited to a maximum of 30% of the total acreage. Ideally, the PUD
Master Plan lVould depict the tracts/areas devoted to these non-inelustrial uses
(Secondary Uses). A less desirable alternative is to only identify these uses on each
SDP submittal in this POO. The petitioner has agreed to the latter.]
b. Access to arterial road systems shall be in accordance with the Collier County Access
Management Policy and consistent with Objective 7 and Policy 7.1 of the Traffic
Circulation Sub-E.'ement. (Review for access compliance is made by the Transportation
Division.)
c. Non-industrial USES may include uses such as certain offices, financial institutions, retail
sen'ices, institutioi1al, cultural facilities, medical facilities, hoteVmotels at a density of 26
units per acre and recreational facilities. Retail uses shall be limited to tho.re uses which
serve the employees of businesses within the Park or are related to the produds, goods and
senices that are manufactured, distributed, produced or provided by bUSinesses in the
Parle. [POO sets It)rth permitted primary and secondary uses, some or ,"'hieb are not
provided for in the Business Park zoning district. However, Comprehem:ive Planning
staff fmds the del'iation justification submitted by the petitioner to be relsonable and
acceptable.)
d. When a Business Park is located within the Urban Commercial District or Urban MIXed
Use District, the industrial uses shall be limited to light manufacturing, pmcessing, and
packaging infully f~nclosed buildings," research, design and product development; printing,
lithography and publishing; and similar light industrial uses that are compat/ble with non-
industrial uses permitted in the district: and, the Planned Unit Development Ordinance or
Rezoning Ordinaru:e f07..a Business project shall list specifically all permUted uses and
development stan,krds consistent with the criteria identified in thi-wqewifk.1ne~'tfi~te
G:\Current\DeseIem\PUORezones~lagel Craig Business Park PUD AR-2002-AR-3411\STAFF REPOR1.dOCP$E3~6t~~~
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is in the Urban-Mixed Use District. PUD.sets forth a list of permitted oses some of
which are not pumitted in the BP zoning district. However, Comprehenf.ive Planning
staff f"mds the dl:viation justification submitted by the petitioner to be re;lsonable and
acc::eptable.]
Business Parks Must be a minimum of 35 acres is size. (Subject site comprises 37.50
acres. ]
Business Parks located within Interstate Activity Center quadrants that permit Industrial
Uses shall also he required to meet the standards as stated under the Interstate Activity
Center Subdistrict for commercial and industrial land uses. [N/A; site is not in an
Activity Ceater.] .
Business Parks shall adopt standards for buffering, landscaping. open space, signage,
lighting. screenin,~ of outdoor storage, parking and access management. [P1JD sets forth
standards, some 01 which are not punuant to the BP zoning district. C()mprehensive
Planning staff yields to the judgment of Current Planning staff regarding these
requested deviations and tbe petitioner's submitted justification.]
When located in a District other than the Urban Industrial District, the Business Park must
have direct aCCf~~'S to a road classified as an arterial in the Traffic Cirr:ulation Sub-
Element. [Project proposes access to Collier Boulevard (C.R. 951), which is a collector
road. The pedtioner bas provided a letter dated 7130/03 from Don Scott,
Transportation Planning Director, indicating the TransportatiCln Planning
Depnrtment intends to initiate a GMP amendment to change the d,~ignation of
Collier Blvd. to I n arterial roadway; the petitioner would like tbe County to approve
tbis rezone contingent upon tbat GMP amendment being adopted aHld becoming
effective. If the Transportation Element were successfully amended h cbange the
classification of Collier Blvd. to an arterial, then the Business Park Subdistrict direct
access criterion ''fould clearly be met. The one potential issue staff sees is one of
timing -it is a Ilolicv decision for the BCC whether or not to approve a rezone
contingent upon a GMP amendment ("cart before tbe bone"). Tile BCC has
certainly done this before but it was in context of tbe EAR-based amendments
adopted in 1997 :lnd not at issue witb DCA, but not put into effect until May 2000 -
the BCe did allprove a handful of rezones contingent upon thon EAR-based
amendments becoming effective. Tbe question there was when w.ill the GMP
amendments becllme effective, not if they will become effective, as is tbe case here.
Though staff doc! not anticipate the BCC denying tbe classification change, nor do we
anticipate a non-c:ompliance f"mding by DCA, nor do we anticipate a Challenge being
filed to a DCA compliance determination, all of this is unknown. The petitioner has,
at staff's request, added a statement to the PUD ..:. in tbe Statement of Compliance,
and in Sections ill and IV - that "No subsequent development ol'den will be
approved until all amendment to the Transportation Element has been adopted and
become effective that cbanges. tbe classification of Collier Boulevard (C.R. 951) to aJI
arterial road."] .
Business Paries are encouraged to utilize PUD zoning. (project was submitt,~ as a PUD.]
The maximum additional acreage eligible 10 be utilized for a Business Parle Subdistrict
within the. Urban-Mixed Use District is 500 acres, exclusive of open space and
conservation areas. (Site is 37.50 acres total, 27.5 acres exclusive of op.en space and
conservation area:1 (and right-ol-way for external roads). One other project bas been
approved under this Subdistrict in the Urban-Mb:ed Use District, AS'GM Business
Center POO (40.88 acres total, 26.3 acres exclusive of open space and conservation
uses).]
Agenda Item No. 8D
G:\Cunent\Deselem\PUDRezones\lllagel Craig Business Park PUD AR~2002-AR-3411\STAfF REPOR1.dOP. ~Jt~~~
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On September 10, 2003, the BCC adopted amendments to the FLUE, including c:l1anges to the
Business })ark Subdistrict. These amendments are not yet in effect but are anticipa1ed to become
effective on or about Nov. 29, 2003. The only change of substance is to apply the 30% limitation
in paragraph "a." to bui lding square footage in addition to site acreage. As this PUD already
includes this limitation, there are no new consistency issues or concerns raised by the Sept. 10
amendments.
ANALYSIS:
StafIhas completed a comprehensive evaluation of this land use petition ~d the criteria on which
a recommendation must")C based. 1bis evaluation provides an objective. comprehensive overview
of the potential impacts (lfthe proposed land use change. be they positive or negativt:. culminating
in a staff recOlnmendati'JD based on that overview. The listed criteria are specifkally noted in
Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus Nquiring staff "
evaluation and comment, and shall be used as the basis for a recommendation of approval Of denial
by the PlalUllng Commi:s:,ion to the board of County Commissioners (BCC). These evaluations are
completed as separate do ::uments and are attached to the staff report.
Appropriate evaluation of petitions for rezoning should establish a factUal basis ;:Of supportive
action by appointed and elected decision-makers.. The evaluation by professional staff should
typically include an anal:/sis of the petition's relationship to the community's future land use plan,
and whether or not a reze.ning action would be consistent with the Collier County GMP in all of its
related elements (See Exhibit "A" and Exhibit "Bj.
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In addition. staff has prmided the analyses :from the different disciplines within the county who are
charged with the review of land use petitions. Brief summaries of those analyse:; are provided
below.
Environmental Analvsis: Environmental Services Staff has. reviewed the petition and the POO
document and have addrc;ssed any concerns within the POO document and the Master Plan. This
petition qualified for a waiver from the Environmental Advisory Council and thf~ petition was
therefore not heard by thfLt body.
Transportation Analvsis: Transportation Department Staff has reviewed the petition has come to
agreement with the petitioner regarding right-of-way reservations" along Collier Boulevard and
Wolfe Road. to address potential and planned improvements to those roadways. Concernsraised
have been adequately addressed in the Transportation Section of the PUD document
Transportation staff has also been involved in the roadway classificatioll issue. with
Comprehensive Planning, Zoning and Land Development Review staff and the applicant In a"
letter dated July 30. 200.3 (copy attached), Transportation Planning staff has indic:atc:d that it is
their intention to pursue a reclassification of this segment of CR 951.
" ,
J,1tilitv Issues: The Utilit.es Department Staff has reviewed the petition and provid.:d language in
the PUD document to address potable water, reclaimed water and wastewater, as well solid waste
collection and solid waste disposal.
JIlt ZoninE Department Anal} 'sis:
Relationship to Existing aruJ Future Ltind Uses: Agenda Item No. ~D
"" June 22, 2004
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A discussion of this rela1ionship, as it applies specifically to Collier County's legal hasis for land
use planning, refers to the relationship of the uses that would be permitted if the proposed zoning
action is approved, to tl:.e requirement or limitations set forth in the Future Land Use Element
(FLUE) of the Growth Management Plan (GMP). The proposed uses are consistent "ith the OMP,
which pro\ides criteria [(Ir the location of business park uses. The actual uses proposed, as limited
in the PUD document, should be compatible with the future land uses that may be ,jeveloped on
adjacent 1.fat,.-ts. As disct:med from the aerial photograph, the surrounding zoning discussion and
the Master Plan, the site 'Nill be separated from other development by roadway to the north (Wolfe
Road), to the east (Collier Boulevard), and to the south (the Loop Road approved in the Missions
lIills PUD).
To the west, the subject property abuts the Wolf Creek POO that was approved on ~eptember 23,
2003. The Master Plan approved for that project indicates residential uses are plann'~ to abut the
subject property of this r~quest The Master Plan does not indicate what type of residential uses
~i1l abut the subject site, however a mixture of residential types, including single-family attached
and detached housing, two family and multi-family uses are approved for Wolf Crec~k POD, with
structures allowed up to 42 feet high in three stories. The petitioner is proposin~; a maximum
height of three stories, nc,t to exceed forty-two (42) feet, and has agreed to further limit structures
~ithin 100 feet of a resid(~ntial zoning district to thirty-five (35) feet not to exceed on4~ story.
WaIls and buffering are ~ommonly used to separate or increased the distance betv reen different
uses. The petitioner ha:; sought deviations to from the wall placement requirerr.ents, but has
provided justification to support the deviations. Staff has reviewed the deviation requests and
believes that adequate se}aration and buffering will be provided with the current Master Plan to
ensure that the proposed project will be compatible with the surrounding area. The PUD Master
Plan indicates that the in1 emal access road will connect to the proposed Loop Roacl. to the south.
Therefore, staffbelieves the proposed Nagel-Craig Business Park PUD will be compatible with the
adjacent properties
Furthermore, staffhas collsidered the availability of community infrastructure and services and the
commitments made in the POO document and has determined that development of the subject
property is timely and cor sistent with the FLUE to the GMP.
Deviation Discussion:
'The petitioner is seeking four deviations (see page 15 of the PUD document) and has agreed to
limitations to which the project will adhere if these deviations are approved. The petitioner has
provided justification in rupport of the deviations [see "Schedule of Deviations (and Narrative
Explanation and Justifications)]. The limitations included by the petitioner 8I'l~ based upon
discussions with staff through the review process. Staff has analyzed the deviations and
recommends approval of these deviations by the petitioner.
Deviation # I seeks relief from LDC Section 2.2.16 ~.2.4 (7), which requires a 2S-foot wide
buffer, to allow a 20-foot wide buffer for the northern, eastern, and southern periml:ter landscape
buffers. The 20-foot-wide buffers will be designed in accordance with the provisions of LDC
Section 2.2.16 ~.2.4.7, wi.:h the following limitations:
1) A minimum of 80% of the required trees per Section 2.2.16 ~.2.4.7 must be located within
the 20 foot perimeter buffers, placed no more than 30 feet on centeA~a Item No. 8D
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G:\Cunent\Oeselem\PUD Rezones\l"agel Craig BUSiness Par1t PUD AR-2002-AR-3411\STAFF REPOR1.docp~ ~1 bf 116
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One or more addit ional landscape/green space areas totaling 17,700 square feet and not less
than 4,000 square feet in any single location must be located internal to the B'L1Siness Park
or c:lustered at Park entrances. This additional landscape/green space area must include at a
minimum the bal:mce of the trees not required per paragraph (a) above, t.ut .nonnally
required within ttu: 25-foot Business park perimeter buffer by Section 2.2.16 ~.2.4.7.
As stated in the petitioner's justification, "The project is unique in that it will be surrounded on
three sides (north, east & south) by roadways (two of which do not currently exist and which win
be facilities, in part, by n:servation/ dedication of land from Nagel-Craig Business Park). To the
north is Wolfe Road, which is intended to become a public road at such time as all necessary ROW
is reserved imd acquired. ..This [deviation] request simply minimizes the impacts of these
reservations on the propl:rty owner, without compromising the intent of the perimeter buffer
requirements." The petitioner has agreed to disperse the amount of landscape areas (with the
landscape trees) equal to that which is not being provided in the deviated area throughout the
remainder of the project site. Staff supports this deviation with this commitment" finding the
deviation, as limited, would further the intent of GMP FLUM that states that a B LlSiness Park
Subdistrict should be "des: gned in an attractive park-like environment."
2)
Deviation #2 seeks relief from LDC Section 2.2.16 ~.2.4 (7) to waive the requiremcmt for a six-
foot tall opaque architecturally finished masonry wall, or berm, or combination thero)f within the
PUD's western perimeter 1: uffer,' subject to the following limitations:
1) All proposed Pres.~rvations and or Mitigation Planting Areas will be subject to Collier
County Staff Appmval at time ofSDP(s).
2) No 24-hour busine:;s's or restaurants allowed within 100 feet of any Preserve I)f Mitigation
Area.
3) No Access RoadsfltO.WNehicular Use AreaslDumpsters allowed adjacent (with 20 feet)
of any Preserve Of ~yfitigation Area.
4) No building over 3:; feet in height within 100 feet of any Preserve or Mitigation Area.
This deviation will be f tfective only along the western boundary that is shared with the
undeveloped Wolf Creek PUD. The purpose of the wall requirement is to ensure that the adjacent
residential land uses are adequately buffered from the business park uses. This PIOject will be
separate<t from those residential uses by retained and replanted native vegetation preserves and
stonnwater management filCilities. The native vegetation preserve area width is, at its narrowest
point, a minimum of fifty H~et in width. Limitation # 1 has been included to further ellsure that the
preservation and planting areas will suffice in place of the wall. A landscape plan will be
submitted as part of the dC"felopment approval process that will depict existing retained vegetation, .
. vegetation to be planted as mitigation for native vegetation retention, and, where necessary,
supplemental vegetation w:thin retained native vegetation areas to result in vegetative screening of'
the business park uses :from the 'adjacent residential property. Limitations #2, #3 and #4 are
included to address concerlS about potential negative impacts from overshadowing tall buildings,
noise, and odors, which mi:~t be generated from the business park uses.
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Deviation #3 seeks relief 1i'om LDC Section 2.2.16 ~.2.5.5 which limits building heights in the
Business Park district to a maximum of 35 feet, to allow building heights of 3 stories not to exceed
42 feet when located a minimwn of 100 feet from any residential zoned pro~'. The PUD.
Master plan of the subject :;ite provides for native vegetation preserVation retention and mitigation
areas along the western boundary, which are at minimum SO feet in width and on average more
than 100 feet in width. Stllffagrees with the petitioner's assessment that ~.~ MP8~
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buffer widths, the self-imposed limitation that prohibits taller buildings from being located. within
100 feet of any residenti~Jly zoned property, coupled with the predominance of non-residential
uses adjacent to the project ensures that the additional building height will not result in an
incompatibility issue. In addition, this request is comparable to the allowable height in the
Mission Hills PUD projec110cated immediately to the south.
Deviation #4 seeks re!i€:f from LDC Section 2:2.16 ~.2.1, and 2.2.16 ~.2.3 wh~ch identify,
respectively, Permitted Plimary Uses and Structmes, Permitted Secondary Uses and Structures,
and Accessory Uses to ::>>ennitted Primary and Secondary Uses, to allow for !be following
additional uses which are not specifically identified in 2.2.16 Y:z.2.1 and 2.2.16 ~.2.:J, but which
are comparable in nature to many of the uses that are expressly permitted, are desirable uses within
the: business l)ark, or which are currently existing on the property such that it is desirable to retain
the existing use until the Business Park development is commenced:
A. Permitted Primary U:ies:
1. Building COlstroction - general contractors (groups 1521 - 1542)
2. Landscape Counseling and Planning (078 I}
B. Accessory Uses to Permitted Primary and Secondary Uses:
Automobile rental (group 7514), accessory to a permitted hoteVmotel (group 7011) only
The petitioner's rationale states that the uses proposed to be permitted by this deviation. are
comparable in nature witl: other uses allowed uses in the district. For example, the petitioner
asserts that the building :::onstruction - general contractors (groups 1521 - 1542:, use is not
significantly different from Specialty trade contractors group (1711 - 1799), which is permitted in
the Business Park zoning :listrict. The petitioner further asserts that it would be appropriate to
allow general contractors to be located within the project, because outside storage is Dot permitted
an)'Where in the project anyway, therefore equipment and material storage would have to be
located elsewhere. nus project would be more likely to accommodate a company
headquarters/office facility (with respect to both general and specialty trade contractom).
The Landscape Counselin,~ and Planning (0781) use is similar to the permitted :~ngineering,
Accounting, Research, M:magement and Related Services (groups 8711 - 8748) use. The
petitioner cites the fact th.lt many full-service consulting fIrms provide landscape architectural
services in addition to civil engineering, planning, and surveying services. The auto rental uses is
limited to an accessory use to a potential lodging facility (hotel/motel).
As previously noted, the limitations included by the petitioner are based upon disc'ussions with
staff through the review pr,)cess. Staff has analyzed the deviations and recommends approval of
these deviations as described in the PUD document
Additional Issue:
At this location and at this time, Collier Boulevard is classified only as a' collector roadway,
therefore staff would normally not be able to support the overall project because we could not
make a reconunendation tlmt the project is in compliance with the LDC and consistent with GMP
as those documents exist cn this date. Although Zoning and Land Development Review staff
could support the overall project as a conceptual PUD petition, and believes the project is
conqistent with all otherpc,rtions of the LDC and the GMP, we are precluded from making an
overall favorable recommeIldation because Policy 5.1. of the GMP clearly states, "All rezonings
must be consistent with this Growth Management Plan." Agenda Item No. 8D
G:\Current\De$eJem\f'UD Rezones'.N. gel Cnlig Business Part!; PUO AR-2002-AR-3411\STAFF REPOR 1.doc P1~0f?t4, 2 004
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The Comprehensive Plaming analysis went into detail regarding this issue, noting that the Ultimate
decision regarding this petition will be a Board policy decision. As noted in that discussion, there
is an issue of timing. Not only does the GMP prohibit the rezoning approval at this time, it also
prohibits the issuance of any development order that is inconsistent with the GMP. Therefore,
even if the rezoning is approved, staff could not issue a development order \Dltil such time as the
GMP is amended to allow the finding of consistency.
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To explain this issue,tlle LDC Section 2.2.16~.2.4.3. sets forth the following requirement:
"Business })arlcs within th~ Urban Mixed-Use and Urban Commercial distI:icts of the Future Land
Use Element shall have clirect access to a road classified as an arterial street on the Five Year
Future Traffic Circulation Map contained in the Transportation Element" The GMP and
Transportation Element Ere the driving elements of this requirement and as stato:l above, the
rezoning must be consistent with the GMP. The GMP states in the Future Land Use Designation
Description for the Urban Mixed Used District, in Section (IX)5 for the Business Park Subdis1rict
Item "h" states, "When located in a District other than the Urban Industrial District, the Business
Park must have direct access to a road classified as an arterial in the traffic Cin:ulation Sub-
Element" Deviations or variances cannot be granted from the GMP, so the issue cannot be
addressed via a deviation. The OMP states and requires that a business park Pur) have direct
access to an arterial roadway. Furthermore, LDC Section 2.2.20.2.1 offers the jbllowmgfor
consideration: "Relation 'f planned unit development regulations to the growth mane/gernen! plan,
zoning, subdivision, or o/her applicable regulations. All applications for PUDs shall be in full
compliance with the future! land use element and the goals, objectives, and policies of ail elements
of the growth managemen'plan.
The PUD document offen language to address the roadway classification issue in the Statement of
Compliance. Item c that states:
Access shall be in accordance with the Collier County Management Policy 0." plan
and consistent. wirh Objective 7 and Policy 7.1 of the Transportation El,!rnent.
Collier Boulevard is not classified as an arterial on the County's Five Year Future
Traffic Circulation Map contained in the Transportation Element. Collier
Boult~vard is, hUH/EVer, classified as a Class 4 arterial roadway, under the County's
adopted access management plan, as amended by Resolution 01-247. After the
planned 6-lane widening, Collier Boulevard will be classified as a Class 3 arterial.
Collier County Trt:.'nsportation Planning has indicated that the classification of this.
roadway on. the County's Five Year Future Traffic Circulation Map contall,ed in
the Transportation Element; will be amended in the near future. No develol')ment
applications will ,~e acceDted or approved until an amendment to. the Collter .
County Functional Class Mal') in the Transportation Element of the Collier County
Growth Manaf!ement Plan (MaD TR-3) identifies Collier Boulevard feR 95]) as an
arterial roadway ai1d then becomes etftctive. [Underlining added for emphash]
.'
However. the county attorney's office has provided augmenting language for the Ordinance
effective date for this projfct That langwige states:
"'"
This Ordinance shall. not become effictive until it is filed with the Secretary of
State, alld until tlle Collier Countv Functional Class MOlJ ill the TransrJOI1s11islD.
wrent of the Collier Countv Growth Manaf!ement Plan (MCllJ TR-3) idellliJis. .
. . . Agenda Item No. 8D
June 22,2004
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QlJlier Boulevan' feR 95]) as an arterial roadway and then becomes effE'~
[Underlining and bulding added for emphasis]
As such, the land will no': actually be rezoned to PUD until the roadway is reclassifkd. Until that
time, the Master Plan and the PUD docwnent have no standing; the subject site n:mains zoned
Agriculturdl. At best, Zoning and Land Development Review staff perceives 'the proposed
ordinance as unusual; huwever the petitioner has agreed to the language. The dfective date
language appears to adequately protect the county from any perception of premature approval.
However 8 potential "OO"t'Il side" issue arises, in that the county ,will not have the cpportunity to
review the PUD docum:nt again should conditions change before the roadway classification
change occur.
Staff would not normally support the overall project ifit was not consistent with all portions of the
LDC and the GMP, howt:ver staff can support the requested rezoning with the unde;:-standing that
the effective date is goyemed by the language proposed by the county attorney's office to delay the
actual rezoning until the OMP is amended.
NEIGHBORHOOD INF'ORMA TION MEETING;
The petitioner held a Neighborhood Information Meeting on July 25, 2002 that was attended by
approximately eleven individuals including the applicant's team and county staff. Of those persons
that spoke, most expres~ed concerns regarding access and the potential traffic generated that
development of this site might generate.
STAFF RECOMMENDATION:
1bat the Collier County Planning Commission (CepC) forward a recommendation of approval of
petition PUDZ-2003-AR-3411 subject the limitations and commitments that are incorporated in
the PUD document and tho: Ordinance that accompanies the PUD document.
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Agenda Item No. 80
June 22 2004
G:\Current\Oeselem\PUD Rezones\tlagel Craig Business Part( PUD AR-2002-AR-3411\STAFF REPOR1.dOCf:P~ 1!S' bl 116
PREPARED BY:
. ~~~ 11-;;;'</-03
I<J SELEM, PRINClP AL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
/"l-I-03
RAY B LOWS, CHIEF PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
I Z. S-- 0 ~)
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APPROVED BY:
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H K. SC AD STRATOR .. ATE
DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for 1he January 13,2004 Board of County Commissioners Meeting
COLLIER COUNTYPLANNING COMMISSION:
~
. RUSSELL A. BUDD, CHJ\IRMAN
Agenda Item No. 8D
June 22, 2004
G:'Qnrenl\Deselem\PUO RezonesVlagel Craig Business Park PUO AR-2002-AR-3411\STAFF REPORT.docfFc!we ~ 1M 116
REWNE FINDINGS
PETITION PUDZ-03-AR-3411
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Section 2.7.2.5 of the Collier County Land Development Code requires 1hat the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed cbangl~ in relation
to the following, where applicable:
1. Whether the pru posed change will be consistent with the goals, objedive:J & policies
of ,the Future La nd Use Map and the elements of the Growth Managemellt Plan.
The Comprehens~ve Planning Department has indicated that the proposed :~agel-Craig
Business Park PUD is consistent with all applicable elements of the Future Land Use
Element (FLUE) of the Growth Management Plan (GMP), with the exception of the
roadway classification issue for Collier Boulevard, which has been ad~:sed via the
effective date lan!:uage contained in the approving Ordinance.
2. The existing lanel use pattern;
This project will be consistent with the existing and. proposed land use patterns as
explained in the :;1afI report.
3.
The possible crc:ation of an isolated district unrelated to adjacent Ilnd nearby
districts;
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The Nagel-Craig Business Park PUD parcel is of sufficient size that it will not result in an
isolated district unrelated to adjacent and nearby districts. It is also com:patiblc with
expected land U5C:i by virtue ofits consistency with the FLUE of the GMP.
4.
Whether existinl: distrid boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The subject sitei:; surrounded by PUD zoning to the west and south and roadways or
proposed roadW8} s to the north, east and south.. Therefore, the proposed PUD district
boundaries are logically drawn and they are consistent with the FLUE of the GMP.
5. Whether changed or cbanging conditions make the passage of tbte proposed
amendment necefsary.
The growth and (levelopment trends in this area indicate there is an inc:rease .in the
rezoning activity in this area. Mission Hills PUD was approved to the south to allow
commercial uses and Wolf Creek PUD was approved to the west to allow residential
uses. The proposed PUD rezoning is appropriate, as limited in the PUD document and
the PUD Master Plan based on its compatibility with adjacent land uses
6.
Whether the prc:posed change will adversely influence living conditions in the
. neighborhood;
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EXHIBIT "A"
Agenda Item No. 8D
June 22, 2004
G:\Current\Deselem\PUD Rezones\Nagel Craig Business Park PUD ARJ2002-AR-3411\REZONE FINDINGS'~g~ Bf 3j 16
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As limited in the PUD document there should be no adverse influeoCt: in living
conditions in this :leighborhood if the proposed change is approved.
.
7.
Whether the pr(]posed change will ereate or excessively increase traffic congestion
or create types 0 r traffic deemed incompatible with surrounding land us~, because
of peak volumes or projected types of vehicular traffic, including atthity during
construction pbales of tbe development, or otherwise affect public: safety.
The Transportation Services Division has reviewed the proposed PUD and has
incorporated language into the PUD document,. whicb renders the PUD cvmpatible with
the Traffic Circu.ation Element Therefore, the proposed PUD will not excessively
increase traffic congestion.
8. . Whether the proposed change will create a drainage problem;
The project will be required to obtain a permit from the South Florida Water
Management District. Drainage problems should not be created when construction is
done in accordano~ with the permit
9.
Whether the prollosed change will seriously reduce light and air to adjacent areU;
)
All projects in C allier County are subject to the development standards that apply ..
generally and equally to all zoning districts (i.e. open space requireme.1t, corridor
management provisions, etc.) that were designed to ensure that light pem:tration and
circulation of air do not adversely affect adjacent areas. Ibis project will be subject to
those same standmds.
10.
Whether the proposed change will advenely affect property values in tbe adjacent
area;
Property valuation is affected by a host of factors including zoning, however zoning by
itself mayor may 110t affect values, since value determination by law is drive.11 by market
value. The mere 1:act that a property is given a new zoning designation or amendment
mayor may not ail eet value.
11. Whether the proposed change will be a deterrent to the improvement or
. development ofacljacent property in accordance with existing regulatiom:;
The proposed change should not be a deterrent; if 1811 property owners affected by
improvementS to Wolfe Road work together, the proposed change, with its Iight~f.way
reservations listed in the PUD document could be an asset to development of adjacent
property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
The proposed rezone to POO complies with the Growth Management Plan, which is a
public policy statement supporting zoning actions when they are consistent with said
.-- plans. In light of this fact the proposed PUD does not constitute a gran~ of special
privilege. Consistency with the FLUE is further. determined to be a fublic welf~
relationship becaus.: actions consistent with plans are in the public tft~JU~:~r~'004
G:\Current\Deselem\PUD Rezones\Nagel era 9 Business 'par1t PUD ARi2002.AR-3411\REZONE FINDINGS.dQaBfPa~Q Mb116
.
13. Whether there are substantial reasons why the property cannot t,e used in
accordance with existing zoning;
A portion of the }roperty is currently used in compliance with the existing .zoning; and
the remainder of the site could also be development in compliance with ':he existing
zoning if so desir.:d by the property owner. However, the developer wishes to utilize the
Conversion OfC{,mmercial provisions of the Growth Management Plan.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
The proposed PU) is designed in a manner that is compatible with surrounding property
in size and scale. :rt is also consistent with the FLUE of the Growth Managen.ent Plan, as
further limited in 1he approved ordinance action.
15. Whether is it impossible to find other adequate sites in the County for tile proposed
use in districts already permitting such use.
There has been one other Business Park PUD approved in the county to allow the uSes
proposed. however this is not the determining factor when evaluating the appropriateness
of a rezoning decision. The determinants of zoning are consistency with all elements of
the GMP. compatbility, adequacy of infrastructure and to some extent the timing of the
action and all of the above criteria.
.
16. The physical characteristics of the property and the degree of site alteration, which
would be requird to make the property usable for any ofthe range ofpCltential uses
under the proposed, zoning classification.
While site conditi.>J1S may restrict the location and square-footage of the bu:.ldings. they
would not render tne property unusable.
17. The impact of development on the availability of adequate public facilities and
senices consistell t with the levels of service adopted in the Collier COUJlty Growth
Management Plan and as defined and implemented through the ColJier COUDty
Adequate PubUc :Facilides Ordinance, as amended.
A multi-disciplintx:l team responsible for jurisdictional elements of the: GMP has
reviewed this petifon and they have found it consistent with the GMP. The conditions of.
approval have been incorporated into the PUD document. Staff reviews for adequacy of
public services and levels of service detennined that required infrastructure meets with
OMP established rdationships.
e
Agenda Item No. 8D
June 22, 2004
G:\Current\Deselem\PUD Rezones\Nagel Craig Business Parit PUD AR32002-AR-3411\REZONE FINDINGS.~~S Of~ 116
. .
.
-
FINDINGS FOR PUD
PUDZ-03-AR-3411
~
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to
make a finding as to the PUD M~.ter Plans' compliance with the following criteria:
1. The suitability of tbe area for tbe type and pattem of development proposed in relation
to physical characteJistics of the land, surrounding areas, traffie and access, draiDag~
sewer, water, and other utilities.
The subject site is p;utially developed with an agricultural nursery operation which bas
altered the natural characteristics of the land. The site is located where it ba:J potential
access to three roadways-the proposed Wolfe Road, a proposed southerly ro ad that is
identified as Loop R(lad and Collier Boulevard. The petitioner has agreed to I~nnect to
county utility service, and the drainage will be provided in compliance with all applicable
codes.
2. Adequacy ofevideme of unified control and suitability of any proposed agreements,
contract, or otber in Itruments, or for amendments in tbose proposed, particularly as
tbey may relate to arrangements or provisions to be made for the continuing operation
and maintenance of! ucb areas and facilities that are not to be provided or D1aiDtaiDed
at public expense.
~
Documents submitted with the application provide evidence of unified control. The PUD
docwnent makes apJ:ropriate provisions for continuing operation and maintenance of
common areas.
3. Conformity of tbe proposed Planned Unit Development with the goals, objectives and
policies of the Growth Management Plan (GMP).
The subject petition hfS been found consistent with the goals, objectives and policies of the
GMP, as provided for in the Ordinance relative to timing of the approval. PI~ISC see the
staff report for a more .:letailed discussion.
4. The intemal and utero a) compatibility of 'proposed uses, which conditions may
iDclude restrictions OJ1 location of improvements, restrictions on design, and buffering
aDd screening reguin menU.
Staff analysis indicate~ that this petition is compatible, both internally and exter.oally, with
the proposed uses and 'Yith the existing sWTounding uses.
5. The adequaq of usa Die open space areas in existence and as proposed to serve the
development.
--
The amount of open space set aside by this project is consistent with the proviS:lODS of the
Land Development Code.
Agenda Item No. 8D
June 22, 2004
G:\Current\Deselem\PUD Rezones\Nagel Craig Business Park PUD AR~OO2-AR-3411\PUD Findings.doc Pag.R~~ 28 of 116
EXHIBIT "B"
6.
The timing or seq uem:e of development for the purpose of assuring the adequacy of
available improvt menu and facilities, both public and private.
e
The effective date proposed within the PUD Ordinance and the limitations found in the
Statement of Com pliance in the PUD Docwnent provide assurance of the adequacy of
available improvc~ment and facilities. Furthermore, the adopted concurrency
. requirements ensure that further LOS degradation is not allowed or the LOS deficiency is
corrected.
7.
The ability of n e subject property and of surrounding areas to accummodate
expansion.
Ability, as applied in this context, implies supporting infrastructure such as wastewater
disposal system, pc table water supplies, characteristics of the property relative .to hazards,
and capacity of ro.Kls, is supportive of conditions emanating from urban development.
Infrastructure is or will be in place in the vicinity and its adequacy will be determined at
the time of SDP apj)roval.
8. Conformity with pun regulations, or as to desirable modificatiolU. of such
regulations in the particular case, based 00 determination that such modifications
are justified as m eetiog public: purposes to a degree at least equivaleD~ to literal
application of such regulations. ' -
.
The proposed Nagd-Craig Business Park PUD conforms to PUD regulations I)r requests
deviations that staff' analysis finds justified.
.
Agenda Item No. 80.'
June 22, 2004
, Paqe 29 of 116
G:\Current\Deselem\PUD Rez:ones\Nsgel Craig Business Park PUD AR22002-AR-3411\PUD Findings.doc Page 2 01:~
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APPL}[CATION FOR PUBLIC HEARING FOR:
[8JPUD REZONE (PUDZ)
[]PUD TO PUD REZONE (PUDZ-A)
Date Received:
Planner Assigned: Kav DeSelem. AICP
C .. D' . 4TH RE-SUE:MITrAL
omnnSSlon lstnct:
- PUDZ-2002-AR-3411
PROJECT #2002060060
DATE: 11/12/03
ABOVE TO BE COMPLETED BY STAFF KAY DESEL:EM
Petition No.: _J>UDZ-2002.j\.R-3411
1 . General InformatiOlli,
Name of Applicant(sJ Carl M. Nagel. Managing Member. CDN Properties LLC
Applicant's Mailing Address 711 Fifth Avenue South
City NaDles State FL Zip 3410:1
Applicant's TelephoJlI~ # 239-659-6070 Fax # 239-659-6071
Applicant's E-Mail Address:.carlnagel(cUearthlink.com
and
Name of Applicant(s) Thomas Craig., Craig Construction & Restoration. Inc.
Applicant's Mailing Address 2770 S. Horseshoe Drive. Suite 4
City NaDles State FL Zip 34104.
Applicant's Telephont: # 239-430-1127 Fax # 239-430-1129
Applicant's E-Mail Address: n1a
_::!'lame..~~~e~t~~R~bert M~ere_ _ F~-RW A.Jnc.. -:. ~. . _ _ .-------
~--"Agenf~~Ma11ing-Address - 30S~-~<>~,Ho#hoe.i)rive.~Uite. 2?~ _
'", CityNapJes>,,'" . . .i.de:,.':"". ....., '. .state- Florida:.Zij) 34104
Agent';~;relepiioIie # :'239) 649~~Filx'#:(239)649-705-6 ."= "'"
. ...~. .
Agent's E-Mail Address: Jjm(a),consuIt-rwa.com
COI.LIER COUNTY COMMUNITY DEVELOPMENT
I'LANNING SERVICES/CURRENT PLANNING
2!100 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (239) 403-240O/FAX (239) 643-6968
Agenda Item No. 8D
June 22, 2004
Page 31 of 116
. ..' .
.~"':~~"-_.., _.,...:~:,~~~~~tJ~~~~.:.~.~..._~:" . .t~::..~~;~=4;~,~.;,: ,.. _.'-'.'. .__~:~~~~""~~~~;~':;:;,.~~~~' '~_o.~.~ 0" ~~. ,,<,:,:~~.~~~-:"",,~, __. _~__.~,:. _~_ ~~..~.~~;,.~.~.~:. ~~ .:.-,.:.. ,. ._~:::-.~..-:.~.~~>,,:-~+-:,:-:~ :_'.;'~'';~C.~~i:t:
ADDllcalloa For Public HarjU For POO Rezone &'19103
-
*Be aware that Collier C01lDty has lobbyist regulations. Guide yourself accordingly
anti ensure tbat you are ill compliance with these regulations.
Complete the following for all Association{s) affiliated with this petition. (Provide additional sheets
if necessary)
Name of Homeowner AssodatioD: Vanderbilt Community Association. Ine.
..
Mailing Address 8250 Danbury Blvd.
City Naples
State ....a.. Zip-1:m2....
Name of Homeowoer Associltion: Islandwalk Homeowners Association
Mailing Address 6155 Tovmcenter Cir.
City Naples
State ~ Zip24120
Name of HomL'Owoer Association:
Mailing Address
City
State Zi
- p--
Name of Master Associatioll:
Mailing Address
City
State _ Zip _-,--
Naml~ of Civic Association: Ms. Karen ACQuard. Golden Gate Estates Civic Assoc.
Mailing Address 44124tb AvenueNE
City Nanles
State ~ Zip 34lML
2. Disclosure of Interesl: Information:
a If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy
in common, or joint tenancy, list all parties with an ownership interest a:. well as the
percentage ofslu:h interest. (Use additional sheets if necessary).
Name and Address
Richard D. & F::-ances A. CraiR
1.0. Box 899. Edwards. CO 81632
Percentage of Ownership
100% of Parcel 3
b. lfthe property is owned by a CORPORATION, list the officers and stockholders and the
percentage of sto:k owned by each.
Name and Address, liIld Office
.J:QN ProDerties LLC
_Carl M. Na~el. Mana2im!: Member
Dana L. Nagel. Member
Percentage of Stock
1000.10 of Parcel 1 & 2 .
50% OfS.
50~ ofS ndClllelTl No. 8D
o . JURe 22, 2004
Page 32 of 116
A1>>Dllcat~n For Pubic Heart.. For PUD JlaollC 81%9/03
--
Nagels are owners & officers ofCDN Properties LLC
325 Little Hai,or Lane
Naples. FL 34102
c.
If the property: s in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage df iI terest
Name and Address
Not Applica hie
Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
N3.IDC and Address
Not Applicable
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trnstee, or a Partnership, list the names of the contract purchasers below,
inCluding the o:flicers, stockholders, beneficiaries, or partners.
Name and Address
Not Applicable
Percentage of Ownership
Date of Contract:
f. If an.y contingeJll:y clause or contract terms involve additional parties, list all individuals
or officers, if a c)Iporation, partnership, or trust.
Name and Address
g. Date subject property acquired (X) leased ( ):
Term oflcase
'llS.lmos.
Parcels 1 &@wereacquiredon 3/19/2002 and Parcel 3 was acquired on 10/3/1995
If, Petitioner has option to buy, indicate date of option:
tenninates: _----' or anticipated closing date
and date option
h. Should any change; of ownership or changes in contracts for purchase occur S" Ibsequent to
the date ofapplication, but prior to the date of the final public hearing. it is thf
responsibility of th,~ applicant, or agent on his behalf, to submit a supplemental disclosure
of interest fonn. Agenda Item No. 8D
June 22, 2004
ADDllntloa For Public Burlnl! For Pt.")) HezoH 1In9/03 Page 33 of 116
3. Detailed leesl desuiptioD of the property covered bv the application: (If space is
inadequate, attach 011 separate page.) If request involves change to more tharl one zoning
district, include separate legal description for property involved in each distric":. Applicant
shall submit four (.:-) copies of a recent survey (completed within the last six months,
maximum I" to 400' :;cale) ifrequired todo so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed sw"Vey may be
required.
Section: 34
_ Township:
48 S
Range: 26 E
Lot:
Block:
Subdivision:
Plat Book_ Page #:
Property I.D.#: Parcell - 00203280009
Parcel 2 - 00204520001
Parcel 3 - 00203680007
Metes & Bounds Des<:ription:
The subiect property lleing 37.5~ acres. is comprised of3 adioining parcels that are located in
Section 34. Township" 48 South. Range 26 East. and is fully described as:
The North half of the Northeast Quarter of the Southeast Quarter of Section 34. Township 48
South. Ramze 26 East. Collier County. Florida. less the east 100 feet previously deeded for
State Highwav right-oJ-wav (Parcell).
The North half of the South half of the Northeast Quarter of the Southeast Quarter of Section
34. Township 48 SOlth. Range 26 East. Collier County. Florida. less the elSt 100 feet
previously deeded for State Highway right-of-way (Parcel 2).
The South half of the ~:outh half of the Northeast Quarter of the Southeast Quarter of Section
34. Township 48 South. Range 26 East. Collier County. Florida. less the east 100 :feet (Parcel
Th
4.
Size of property: -..L120 ft. X 1.320 ft. = Total Sq. Ft.
Acres 37.5
5. Address/l!eneralloca1ion of subiect property:
The west side of Colli er Boulevard and about Y.t mile north of Vanderbilt Beach Road.
6.
PUD District (LDC 2.~~.20.4):
D Residential 0 Community Facilities
12] Commercial 0 Industrial
ADDllnt!OD For Public lfearlD. For PUD "noDe 8/2910]
Agenda Item No. 8D
June 22, 2004
Page 34 of 116
7. Adiacent ZODiD!! ancllaDd use:
-
Zoning
Land use
N A-Agricultural
Proposed Lutheran Church Private School
SPUD
Prol>osed Mission Hills Sho~ing Center
E A-Agricultural
CR 951. Canal and landscat>e nursery
w PUD
Pro-posed Wolf Creek Residential PUD
Does the owner of the subject property own property contiguous to the subject;>roperty? If
so, give complete legal description of entire contiguous property. (If space is inadequate.
attach on separate pag e). NO
Section:
~~ownship: Range:
Lot
Blod:: Subdivision:
Plat Book_ Page #:
Property I.D.#:
Metes & Bounds Desc ription:
8. Rezone Request: nus application is requesting a rezone from the A - Amcultural
zoning district(s) to tie CPUD - Commercial PUD zoning district(s).
Present Use of the Pro~erty: Vacant & Landscaoe Nurserv
Proposed Use (or rang': of uses) of the property: Upscale business park for stora2.t~
showrooms. warehous'~, office. retail. and other uses.
Original PUD Name: nla
(ir'dinance No.:
9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development Co de. staff's .anal)'Sis and recommendation to the Planning Commission,
and the Planning Corrnnission's recommendation to the Board of County Commissioners shall
be based upon consideration of the applicable criteria noted below. Provide a narrative
statement describing the rezone request with specific reference to the criteria noted below.
Include any backup materials and documentation in support of the request
ADDllcad.a For Publlc:Jlnrlal! For PUD J:none 8/29103
Agenda Item No. 8D
June 22, 2004
Page 35 of 116
PUD Rezone Considerations (LDC Section 2.7.3.2.5)
1. The suitability of the area for the type and pattern of development proposed ill relation to
physical cnaracff risties of the land, surrounding areas, traffic and access, drainage,
sewer, water, ana other utilities.
Response: The proposed PUD's consistency with the locational criteria set forth on the
Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth
Management Plax, (GMP), and consistency with the applicable Elements related to access,
drainage, water, sewer, and other utilities, combined with the development conditions and
commitments con tained in the proposed PUD document, gives reasQnable a;surance that
all infrastructure will be developed consistent with County regulations.
2. Adt'quacy of evidf nce of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed. particu/''lrly as they
may relate to arrangements or provisions to be made for the continuing operation and
maintenance of su en areas and facilities that are not to be provided or maintained at
public expense. Findings and recommendations of this type shall be made oniy after
consultation with rhe county attorney.
Response: The documents submitted with this petition application provide evidence of
uniHed control. Further, the proposed PUD docwnent makes appropriate provisions for
continuing operatil)n and maintenance of common areas.
3. Conformity of the /)roposed PUD with the goals, objectives and policies of the growth
management plan.
Response: Please :-efer to the Item # 1. under Standard Rezone Conditions, above.
4. The internal and e;cternal compatibility of proposed uses, which conditions mt!)' include
restrictions on IOCt/tion of improvements, restrictions on design, and buffering and
screening requirements.
Response: The PUD Master Plan has been designed to optimize intemal. land use
relationships through the use of various forms of open space separation. Additional1y~
most external relatonships are automatically regulated by the Land Development Code to
ensure harmonious relationships between projects.
5. The adequacy of us able open space areas in existence and as proposed to sene the
development. '
Response: The am :>unt of open space set aside by this proposed project meets or exceeds
the provisions ofth:: Land Development Code.
6. The timing or seqUEnce of development for the purpose of assuring the adequacy of
available improvem ents and facilities, both public and private.
Response: The timi ng and sequence of the permitting the proposed developmt:nt coincides
with the programming of the County's proposed capital iJ&~w. rW>. ~t
June 22, 2004
ADDlicatioD For Publlr FlHrlH For POO Il aOD~ lII29103 Pag e 36 of 116
concurrency reg\: irements. Adequate improvements, utilities and other facilities can. be
-- provided.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
ReSI>onse: Ability, as applied in this context, implies supporting infrastructure such as
wastewater dispo:;al system, potable water supplies, characteristics of the pro;>erty relative
to hazards, and capacity of roads is supportive of conditions emanating from urban
development Relative to this Petition, development of the subject propClty is timely,
because supportir g infrastructure are available, or will be in place by the timepennitting
of the proposed improvements is complete.
8. Conformity with PUD regulations, or as to desirable modifications ofsuchregwations in
the particular cas,?, based on determination that such modifications of justified (U meeting
public purposes fl.. a degree at least equivalent to literal application of such ragulations.
Response: The d( velopment standards in the proposed PUD document are consistent with
the standards in tbe Business Park district, which reflects the purpose' and intent of the
Future Land Use Element.
10. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many comnunities have adopted such restrictions. You may wish to contact the
civic or property own~rs association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
11. Previous land use petitions on the subject property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? NO
12. Additional Submittal~ requirements: In addition to this completed application, lhe following
shall be submitted in order for your application to be deemed sufficient, unlc: 58 otherwise
waived during the pre. application meeting.
a. A copy of the pre. application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUI ifrlfordable housing, Joyce Ernst, if residential and ImmokaleelWater
Sewer District, ifin Immokalee) ofa 24" x 36" conceptual site plan [and one reduced 8W' ,
x II" copy of site plan], drawn to a maximum scale of 1 inch equals 400 f(:et, depicting
the following [Additional copies of the plan may be requested upon complt:tion of staff
evaluation for di::tribution to the Board and various advisory boards such as the
Environmental Ad,rjsory Board (EAB), or CCPC];
. all existing and proposed structures and the dimensions thereof.
,.,-
. provisions for existing and/or proposed ingress and egress (including pedl~trian
ingress and eg~ess to the site and the structure(s) on site),
ADDllcatlo. For Public HeariDl! For pun Hezon, 8129183
Agenda Item No. 8D
June 22, 2004
Page 37 of 116
. all existing md/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking fc,r the
disabled],
. required yan ls, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to the
site),
. proposed aneVor existing landscaping and buffering as may be required by the County,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development G:>de (LDC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph,. I:taken within
the previous twdve months), minimum scale of one inch equals 400 feet, shall be
submitted. Said ;lerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Fonns Classification System. Additionally, a calculation of the acreage
(or square feet) cfnative vegetation on site, by area, and a calculation and location(s) of
the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meethg;
h. A historical and ;U'Cheologica1 surveyor waiver application if property is located within
an area of hist:>rical or archaeological probability (as identified at pn-application
meeting);
1. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
j. An electronic ven;ion of the PUD on a disk as part of this submittal package.
k. BOWldary Swvey, no more than six months old - LDC Section 2.7.3.1.2.(8)
Please be advised that Section 2.7.2.3.2 (3) of the Land Development C(lCIe requires
an applicant to remove their public hearing advertising sign (s) after final .ction is
taken by the Board of County Commissioners. Based on the Board's final action on
this item, please remove all public hearing advertising sign (5) immediately.
ADDlkalien For Public Renin!! For PUD Ilezone 812'103
Agenda Item No. 80
June 22, 2004
Page 38 of 116
pun REZONE APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET!
REQUIREMENTS #OF NOT
COPIES REQUIRED REQUIRED
-
1. Completed Application 20* X ,
2. Copy of Deed(s) and list identifying Owner(s) and aU 2* X
Partners if a Corporatioll i
3. Completed Owner/AgeD\: Affidavit, Notarized 2* X
4. Pre-application notes/millutes 20* X
5. Conceptual Site Plans 20* X
6. Environmental Impact Stltement - (EIS) 4 X
7. Aerial Photograph - (with habitat areas identified) S. X
8. Completed Utility Provisions Statement (with required 4 X
attachments and sketches:,
9. Traffic Impact Statement - (TIS) 4 X
10. Historical & Archaeologiul Surveyor Waiver 4 N/A
ADJ)lication
11. Copies of State and/or Fellera) Permits 4 N/A
12. Architectural Rendering dProposed Structure(s) 4 X
13. Pre-Application Fee, Application Fee and nata X
Conversion Fee Check shall be made payable to Collier
Co~nty Bond of Commis! ionen
14. An electronic version of the PUD on a disk as part of X
the submittal packet.
15. PUBLIC PARTICIPATION MEETING: 1 X
APPLICATION SUBMITTAL: Copy of Affidavit
attesting th~lt all property ownen, civic associations
and property owner assodations were notified. Copy of
audio/video recording of public meeting. Written
account of meetin2.
16. Affordable Housing DensI1y Bonus Agreement 4 N/A
includin2: all Appendices Hnd Exhibits.
17. OTHER REQUIREMENTS: 2 Provided as a
Land use breakdown for County Plannen courtesy
· Documents required for Long-Ran ge Planning Review.l additional copy if for affordable housing
As the authorized agent/applicant fOJ this petition. I attest that all of the information indicated on this checklist is included
in this submittal package. I understaI d that failure to include all necessary submittal infonnation may result in the delay of
processitng this petition.
/(~ -
( Agent/Applicant Signature
II II i
ate
ADDlh:ath.. For Publt( "eariDI' For ptm 114!ZOn. 812'''3
Agenda Item No. 8D
June 22, 2004
Page 39 of .116
Ma~ 19 03 lO:13a
p.2
Ha~ 16 03 07:~9a
p_2
sent S"f: iUItAj
941 649 7056 j
May.1S-03 16:14;
Page 2/2
,0
AFFIDA JIlT
We. RieJwnl D. Craig. (JDSJ FTfJncU A" CrtJig be;ngJirst du/y sworn. depos~ QN/ say that ~ ,lTe
tIt~ propn'ty OWlleTS of J area 3 <>JIbe property described lutran. aM which Is tie mbjs;l mal fer
oflhe proposetl Mariflg" dull 1111 tM ~ to 1M qJIeSIiora in thisopplialtiorr, including_
disclcmt1'<! of interest i1Ifi )rnultlOfI. all sketches. dtlla. and Ofltu supplOfJe1Jklry malter altllc1tea' to
and mcu/e a pari oftAis 'lpplication. an ltOTU!3t and InU to the be$l of my farowledp and belief.
We Wlderstana tMt tile i.tjDrwlDtlOfl reqJlCSUld em TlIis /lPpUClZtiOfl ,"un be cowrpJele D3d at:OII"o%lc
aM r/uJI the co,.t~t of j 1Ib form. whetAer cO"'l'uter g~oteJ or eoun", prirrtetl sAtJ//1K1t ~
signiflCCndy a/teTfti. Pi tbUc ItmriIJ[p will lIDf b. a4w!Ttised ."til ,IIa applic:DIicnt i.s d<<8 ed
complet.!.. an4 aO rnJllVed informtXion IJas been SIIbmilled.
A.1 property owneT7. -..e iesigraate our son nomas C.raiK- to tiel as ow- rt:p~'IIC and 1:0-
appUasnt. w. fUrther fJlltAoriz_ Robert J. Mu/here. AlCP. Dinaor of Plulllli1tg for RW' A. hie..
to act as our repr=entori'o!fl in any mtJ/ten regarding this PeriticlL.
?
I 7J ...
, IgrrQ~e of Properly 01411'" 7
Richard O. Craig
c--~~,,~ # ry"
" SigrrQtuI't: of Prcpert)' Owrru
Frances..4. Craig
The f~o;."g inS1rulf'K1tl WQ,t acJmowledpJftFf9,.. mt! tlris "I J ,~ day 01 m..u\ .
200~ by ~V~'A ~r\ 1\ 4- ~rl(....'\if~~s ~ollalJy ~ to m~ o~
(JIi~. ...
~()fl.~,D P ()~
Ignatllre of NoCary Public - Sl4I. of
FWriaa)
SUzie of Flcrida
Cmmty ofCq(tiu
(Print, 7)pe, 0' SJamp CDmmi.nicfU'4
NtlIM of Notary Pr.tblic)
Gl~ aNlISEaM
Q ~.~ J,tY 0 laolMISSIaf IDO 01&8
'.. EXP II5S: o.c.mtIIr 8, 2lXl5
~n..-,........~
RE-5UBMITTAL
PInD~2002-AJi-3411
PROJECT #2002061)060
DATE: 61,d.~&l:Ja Item No. 8D
KAY DESE:LEMme 22, 2004
P~.,ge. 40 of 116
FRa1 : TI-E I) I NTFG: GRCUP
Sent By: RWA;
FAX HJ. :23'T659~71
941 8411 7D~;
Ma\j. 15 2003 03:34Pf1 P2
..y.15'031a:i15;
Fege 2/2
,.....-..
(i)
AFFlDAYIT
I. CR.-I AI. j{ag.I. }'ll magi"~ Meb., qf CDN Prr:1pertic u.c. beJngfint duly SlW1TIJ, deJX>>. lnd
say tha, 1 am . pn.pmy OWll.r of paratb 1 ci 1 of /he prope1y dctrlbed hem", aM w1ttcJe I.r
tire _hjed fPtQtter oflJut l'f"DJ1'f>>etl ~: Jltat all 11u1 tlMWfIn to lJI. qvestiolu ill Ihi.J
appJIi:DdoII, Uu:1wJJ.'B th. ~ of ~ IJtfOl'11lmibtt. all u.dtu, ... D1ttl otlI.
supplDItMta7y IfkJttfr Qtt4cltMIlD all4lftiU1t1a pan oft1t18 applfcatlole. anlwJat - trIM 10 ,.
bat oflffY h1wreq., p..ti 1Mlbtf.. IllltllJt.1unJ I1ttJt 1M i~t1ft reqN&flM 011 r1Ib ~'111
mwl N CDItIJ'ldtl 411 rJ QCCWtI/. tUIIl IItt:II 1M (l1(;IIttIJIJ of tit" firM, ~ CDIIf/1tI#T p:ttIIf'GJ.J w
~9' prlnmJ .shall not H ngnlJf"'*'Y allttnd. Public M:zvInp wlllMI ". at:hwtiutIlUfI'Il "'"
appJietJllolI '" ~l ~ ond alllWlUlTed illfonl/lIlio#I Ittu beerJ ~ . .
.#. As propgty OWftft', I mJ MMloglng MemIN::r oj CDN Propmill Uc. 1 jilHMr fl#lAorlz. .."...,
J. Uul1un. A1CP. D"**'" of p~ for RW.4, btc.., tQ tICI tU my np~1ttIf III any ntt.rncn
rwprt/bIg tAu P~....
CDN~LLC:
C1~,
'I'M joregomg ~ 1/me cbtowlllfipJ be/~"" tIIi8 10 '/ay of /t1 /I... J
2~ by ....f...:tJ:I:j~ _yt;t-1 who if p,"o"ally .blow" 10 m. ~
a IMMjiCI/UJIM. .
(PrmI. ~. or $lamp Commi.adrlMd
NtmU! of Notary PrlbIi.c)
Agenda Item No. 8D
June 22, 2004
Page 41 of 116
COVEN.4.NT OF UNIFIED CONTROL
TIle undersigned does hereby swear or affirm that they arc thc fee simple titlc holden and Owner.i of record of
property commonly known as 14295 Collier Blvd., Naples, F10rida and legally described in Exhihit A attached
hereto.
The property describe4 hereil is the subject of an application for planned dcvelopment zoning (Nagel-Craig
Business Park PUD, Petition PUDZ AR-3411. We hereby designate Nagel/Craig, LLC, legal representative
thereot: as the legal representa tives of the property and as such, these individuals are authorized to Illgally bind all
owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is
not limited to, the hiring and allthorization of agents to assist in the preparation of applications, plans, surveys, and
studies necessary to obtain zoning and development approval on the site. These representatives will remain the only
entity to authorize devclopmer t activity on the property until such time as a new or amended covenant of unified
control is delivered to Collier C oUllty. .
ThoVY1a~
Printed Name
CrY' ~~
STATE OF FLORIDA )
COUNTY OF COlLIER )
Swom to{o:r affirmed) and ::ubscnbed before me this ~ day of August 2003, by
~QiY'CI C, R. - ('.X'd ~.J who is pemmaIIy ImDwn to.... _
.,."~ C\.ARISE ot.JVE otary Public
:~~~..:~. MY COMMISSION I 00076958
r': : a EXPIRES: [)eCembEr 6, 200S
~.;,. . ..il 9ondoclllrU _" PIde lJnlIIMIIIS
"'Jlf..t:\,
(Name typed, printed or stamped)
Agenda Item No. 8D
June 22, 2004
Page 42 of 116
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COVENANT OF. UNIFIED CONTROL
The undersigned do hereby ~ wear or affirm that they are the fee simple title holders and owner:; of record of
p::<)pert)'commonlyknown~s. 14335 Collier Blvd., Naples, FL 34119 and
(Street address)
legally descnbed in Exhibit A attached hereto.
The property described herei] is the subject of an application for planned development zoning (Nagel-Craig
BL:siness Park PUD, Petition FUDZ AR-34lJ). We hereby designate Nagel/Craig rile .
kr.al representative thereof, as the legal representatives of the property and as such. these individuals are authorized
to legally bind all owners of thl: property in the course of seelcin,~ the necessary approvals to develop. This authority
includes but is ;'Jot limited to tbe hiring and authorization of agents to assist in the preparation of appli:atioDS, plans.
surveys, and ~;tudies necessary to obtain zoning and development approval on the site. These repre:;entatives will
remain the only entity to authorize development activity on the property until su,ch time as a ne'., or amended
covenant of unified control is ddivered to Collier County. .
TIll: undersigned recognize tilt: following and will be guided accordingly in the pursuit of develcpment of the
project:
1. TIle property will be developed and used in conformity with the approved master concept pJaII including all
condition:; placed on the development and all commitments agreed to by the applicant in conne:tion with the
planned deyelopment rezoning.
2. The legal representative identified herein is responsible for compliance with all tenDS, conditions, safeguards.
and stipulations made at tI: e time of approval of the master concept plan, even if the property is subsequently
sold in whole or in part, l nless and until a new or amended covenant of unified control is de1ivaed to and
recorded by Collia County _
3. A departure from the provj;;ions of the approved plans or a failure to comply with any requirements, conditions.
or safeguards provided fc r in the planned development process will constitute a violation of the Land
Development Code.
4. All terms and conditions of the planned development approval will be incorporated into ct)venants and
restrictions which run with the land so as to provide notice to subsequent owners that all developnent activity
within the planned developrl1cnt must be consistent with those tenns and cOD~itions.
5. So long a& this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditioru; of the planned development, seek equitable relief as necessar:f to compel
compliance. The County will not issue permits, certificates. or licenses to occupy or use an:f. part of the
planned development and tle County may stop ongoing construction activity until the project is brought into
compliance: with all terms, C Jnditions and safeguards of the planned ment
CDN roper 'es, lle
by:
Owner
Carl M. Nagel, Mgr.
?rinted Name
STATE OF FLORIDA)
COUNTY OF COlLIER)
Sworn to (or affirmed) and subscribed before me this ~ day of August
. 2003 by
Carl M. Nagel
axidEtJtii 0B:li tlln.
'It
[I
DENISE A. JOLLIE
COMMISSION , DOO21979
Ela'IlES ~ ~ 2005
IOtClIID 'Il<<lUOH
~ NOtAIl'l'
(Serial Number, jf any)
Agenda Item No. 80
June 22,2004
Page 44 of 116
Legal Description
legal Description:
LctlUnit: .000
Sub/Condo Name:
Subdivision Code:
GGE Unit #:
.~
. .H'
Exhibit "An
Public Record
34 '[8 26 Nll2 OF SI/2 OF NEl/4 OF SEl/4, LESS RIW 9.25 AC OR 1975 PG 1379
E1/o.::kIBldglTract: 030 Section: 34 Township: 48 Range: 26
AC.UAGE HEADER
000100
Agenda Item No. 80
June 22, 2004
Page 45 of 116
.
STATEMENT 0)1 UTILITY PROVISIONS FOR PUD REZONE REQUEST
1. NAME OF APP~ICANT: CDN Properties and Thomas Craig
2. MAILING ADDRESS: 711 Fifth Avenue South, Suite 209
CITY
Naoles
STATE
FL
ZIP 34103
3 . ADDRESS OF SUBJECT PROPERTY (IF A V AILABLE):
West side of CR 951 and about 1/4 mile north of Vanderbilt
Beach Road.
4. LEGAL DESCRIP110N:
Section:
34 . Township:
48S
Range: 2f\F.
Lot:
Bloc:k:
Subdivision:
Parcel #1-00203280009, Parcel 2-00204520001
Property I.D.#: Parcel 3 - 002036 B0007
Plat Book
Page #:
Metes & Bounds Description: !;Fl!A ~tt-;lchFl!d
5. TYPE OF SEW AGI~ DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTn,JTY SYSTEM Ia
b. C11Y UTILITY SYSTEM 0
c. FRANCIDSED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE T.RJ!:ATMENT PLANT 0
(GPD capacity)
.. SEPTIC SYSTIM 0
6.
TYPE OF WATER BERVICE TO BE PROVIDED:
a. COUNTY UTaITY SYS1EM
b. ClJY UTIUTY SYSTEM
c. FRANCHISED lJTll.JTY SYSTEM
. PROVIDE NAME
d. PRIV ATE SYST~M (WELL)
~
o
o
o
9126I2lH)2APPLJCA 110N FOR PUBLIC] I F..AIUNG FOR POO RE-ZONJ:
PUDZ-20Q2-M-3411
PROJEcl'W1\l8~dW~0~~
DATE: 11121/qt~ge 46 ~f 116
KAYDESELEM
7. TOTAL POPULAT10NTO BE SERVED: 417,000 sq. ft. office/commercial
8. PEAK AND A VER~.GE DAILY DEMANDS:
A. WATER.PEAK 127 GPM AVERAGE DAILY 45870 GPO
B. SEWER-PEAK 114 GPM AVERAGE DAILY 41.2.83 GPL
9. IF PROPOSING TO BE CONNECfED TO COLLIER COUN'IY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPEClED TO BE
REQUIRED: Oct;. 2003
10. NARRATIVE STATE]~NT: Provide a brief and concise narrative statement alld schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent arul sludge disposal If percolation ponds are to be ~ then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
11. COLUER COUNTY UTILITY DEDICATION STATEMENT: If the proje;t is located
within the services be undaries of Collier County's utility service. system, writtlm notarized
statement shall be provided agreeing to dedicate to Collier County Utilitic, the water
distrIbution and sewa!;e collection facilities within the project area upon completion of the
construction of these flCilities in accordance with all applicable County ordinances in effect at
the at time. This 51 atement shall also include an agreement that the applic able System
development charges aod connection fees will be paid to the County Utilities Division prior to
the issuance of building permits by the County. If applicable, the statement sball .:ontain shall
contain .an agreement:o dedicate the appropriate utility easements for serving tt.e water and
sewer systems.
u. STATEMENT OF A Y AlLABILITY CAPACITY FROM OTHER PROVIDlm8: Unless
waived or otherwise provided for at the pre-application meeting, if the project :s to receive
sewer or potable water services from any provider other than the County, a sta'tement from
that provider indicating that there is adequate capacity to ~erve the project shall be provided.
Utility )"ny.a sa..utRJM 1.f171J7
9f26f2.0UPPUCA TlON FOR PUBUC HI ,ARlNG FOR PUD RE-ZONJ:
Agenda Item No. 8D
June 22, 2004
Page 47 of 116
..
..
LEGAL DESCRIFTION OF PROPOSED NAGEL CRAIG BUSINESS PARK PUD
,
The subject property being 37.5i: acres, is Comprised of 3 adjoining par<:els that
are located in Sel:tion 34, Township 48 South, Range 26 East, and is fully
described as:
The North half of the Northeast quarter of the Southeast quarter ot
Section 34, Township 48. South, Range 26 East, Collier County.
Florida. less the east 100 feet previously deeded for State Highway
right-ot-way (ParceI1).
The North half of the South half of the Northeast quarter of the
Southeast quarter of Section 34, Township 48 South, RElnge 26
Eas~ Collier County, Florida, less the east 100 feet pn:tviously
deedE~d tor State Highway right-of-way (Parcel 2).
The ~:outh half of the South half of the Northeast quarter of the
Southeast quarter of Section 34, Township 48 South, RElnge 26
East, ':;ollier County, Florida. less the east 100 feet (Parcel 3).
Agenda Item No. 8D
June 22, 2004
Page 48 of 116
-- . - I ii' ,
~ .. : : I I
. !I" 1(, '
~ II "'a~". ! .
. I~' . ,
~red by and r~:
C. Nc:il Grqo~. Esq.
Roetul & Andres~
a I~al professlonll association
850 P:ark Shore Drive
Trianon Centre, Third Floor
Naples. Florida 34103
941-649-6200
2952835 OR: 3004 PG: 0660
mOlDD in OllICIll BCORDS of count CODIff, fL
0312212002 It 10:29A1 DI1G17 I. BIOCI, CLlll
BC rll
DOC-"O
10.50
.70
letl:
10l'llL , AJDIISS
ISO PUI SROQ DR 3D '1.001
IlPUS rL 34103
File Number: I00510.003IC
PUDZ-2002-AR-3411
PROJECT #~~002060060
DATE: 11/21/02
KAYDESELEM
"_. _..__.' _. .._ .___.....___ ,.. ..... _ .__.ISJI'I'C ^l>oYc 11I.s I.IJIC ':or Rl:cordin~ I)Qlal
Warranty Deed
-.q
This Warranty Derd made Ihis _..~~~.___ day \lfMarrh.lOO! ~Iween Carl M. Naceland DaD. L Ilfacel, busbaad
and wife whose: posl office address is 325 Little Harbour Lane. Naples. Florida 34102. granlor. and CDN Properties.
L.L.C _ a florida limited UabiUt:' romp.ny whose posl office address is 711 5tb A\leDIIe Sout'" Suite 209. Naples.
Florida 34101. &fIntte:
tWbcnnc:t ",'led hcn:1Il lhe: lcmlal -pan\o)f" an" -~l\l<<. I","I",~ all I"," P"'~ In Ih.. 1~lnm_1 an" lhe: heirs. Icpt I'1:JI"SC'ItMivcs. and USlpIS 0(
IndivIlJ~~Is, anoJ tho: Sllo:\."l."5.",n lII\IIIISSIP' . .. e'''l'I....IlOllb. lru~..... IIUSIn:>)
Witnesseth. thaI said granlor. lor and in t'llnsideralion or the: sum of TEN AND NOli 00 DOLLARS ($ I 0.00) and other
good llnd valUllble considerations III 5l1id gruntor In hand paid hy said granltt, the receipt whereof is hcn:b)' 8clCDowledged.
has granled. bargained. and sold tC Ihe said gnnlee. and granlee's heirs and assigns forever. the followirll described land.
situate, lying and helng in Coll~ (ollnty, Florld.lo-w1\:
Tb~ North In of the No. theast l/4 of the Southeast 114 or Section 34. Township 48 South, Rance %6
[alt. Collier ('ouDIy, norida,ins tM East 100' pnviouIIy deeded ror State H~h""ay right oht<.y;
::;II
and.
-;/2.
The North 112 of Ihe Solltb 1;2 or thl! NortMasll/4 or the South~.I' 114 of See lion 34. Town.hip 4.
South. Ranll: l~ Eas.. Collier Count)., Florida. 'CIS tbe Easl 100' previously deeded fo:r State
Highway riJth' or "ay.
#1 ~2
hrttlldrntUiullon Nun.bers: 00203280009 and 002o.t520011
Tog~thrr wilh lllllht lenements. h:Tediuuncnl~ and appm1cnancelllbcn-lo belonging or in anywise appertaining.
To Have and Co Hold.lhr S3m~ in fee: si~1e forever.
And the grantor hereby covenants with said g.ranlee that the grantor is lawfully seized of said land in fee sift1l1e; that the
grant.ll,. ha~ good ri~bt :md lawful authority 10 sell and convey said land; lhat the grantor hereby fully warranl S the title 10 said
land and will defend the same :ilainst the lawful claims of all persons whom;()C.'vrr~ and thaI !>:lid land is free of all
t'ncumbrancc~. C:'eft,:pt laxts 3CC'min.~ subseoquenlto December 31.2001.
Agenda Item No. 80
June 22, 2004
Page 49 of 116
n_.....'_"__
.' '1 I, I
!.. . !
. . i ! I ' . I .
11 J I I , .
ttt OR: 3004 PG: 0661 t*t
In Witness Whereof, grantor bas hereunto set grantor's hand and scallhe day and year fIrSt above written.
Signed. scaled and delivered in our ,rescnce:
C'>/i.L;; (1! hi l'o ,
r:itnessNaTne:.'f)I~~JL 1[' lh~ lct
(.Pl. C( V i "UJ.(~..t.
~CSSN8me: 4 'l.;I.~.__
I .\
. .~ ( ,~. \ :>---........
Witncss olrne: 1/J.l IL U. kf.7., (1I r.,.
Q~~~.~Vt ~,"-T-----
\Afit~e~s ~i1'tJ~tJl/'IIIL.L,t L I
\.
.......
~
"
. -.. -~=-_.
Carl M. Nagel
~ ~-I"~
Dana L Nagel
STATE OF FLORIDA
COlI NTY OF COLLIER
The foregoing jflS~nl was nc:knowln~\:d before mt' this ,~~ ~~~ d1ay of March. 2002 by Carl M. NlleI and Dana L
Nagel. who I'd an: pcrsoOlllly kno1l\n or I .1 have produced dri~r's IkcllK'S as identification.
) .' I
i r. 1\. J I.;! i .... - ..
Notary Public:
rNotary Selll)
rv>>>' :. PAl" HE"'....
~. lAY COMMISSION , CC 84ICI
EXPft5. OcIObtf Ii. 20td
."...., 1IwoHlllry'- ~
Prinled Name:
My Commission Expires:
Jr",m..n- .?rnl . l'afC ~
Agenda Item No. 8D
June 22, 2004
Page 50 of 116
OoubIen_
~~I
NAGEL, CARL M=& DANA L
325 LITTLE HARBOUR LN
Fe 2 OC TR 1D 00203280009
FOLIO 00203280009 OWm:R>
.~~P 482634 00l.0003B~4
/P 2340 I 363
SALE DATE 20 897
$AMT 500000
ACRES 18.48
TRS-> 48 26 34
LEGAL-1 34 48 26 Nl/2 OF NEl/4 OF
-2 SEl/4, LESS R/W
-3
-4
HMSTD-X
100%-X
SR-X
D1S-X
BLD-X
WID-X
AG-X
WH-X
CURRENT-EX-AMT
$
$
$
$
$
$
$
$
Ese
Exit
NAPLES
MILL-CODE
36
MILL-RATE
13.8877
-2000-
FINAL
FL
99 LND
L-USE IMP
MKT
ASSD
TAXABLE
CNTY $
S-SL $
S-LB $
CITY $
FI
Updilte
LOCATION NA 482634
* H * * ~ . * *
CERTIFIED
COLL::ER cOtJN'TY, FL
..TAX ROLL-
* ." * * * * * *
34102 7613
CERT-99-VAL
$ 646800
$
$
$
$
646800
646800
646800
2294.39 MSTU ~:
3330.37 WMB~:
1664.22 ISD~,
VADP ~
(2000 TAXES) TOTAL $
-CERTIFIED-
TRS= 482634
AREA NA
CERT-OO-VAL
646800
646800
646800
646800
544.93
363.50
759.86
25.29
8982.56
RES477
Agenda Item No. 8D
June 22,2004
Page 51 of 116
Fe 2 OC TR 10 0020~520001 69280000081
FOLIO 00204520001 JWNER> CON PROPERTIES LLC
STRAP 482634 030.0tJJ3B34 711 5TH AVE S STE 209
ORB/P 3004 I 660
SALE DATE 22 302
$AMT
ACRES
TRS->
LEGAL -1
-2
-3
-4
HMSTD-X
100%-X
SA-X
UIS-X
BLD-X
V11O-X
A.G-X
'NH-X
Ese
Exit
NAPLES
9.25
48 26 34
34 48 26 N1/2 OF S1/2 OF
NE1/4 OF SE1/4, LESS R/W 9.25
AC OR 1975 P3 1379
CURRENT - EX - a..MT
$
~;
MILL-CODE
36
$
$
$
$
MILL-RATE
13.5679
-2001-
FI NAL
$
$
7 CVl-<~ ~
* * * * * * . .
CERTIFIED
COLLIER COUNTY, FL
-TAX ROLL-
* *
34102 0000
CERT-2000
48 LND $ 323750
L-USE IMP $ 92694
MKT $ 416444
ASSD $ 416444
TAXABLE $ 416444
Fl
CNTY $ 1832.67 MSTU $
S-SL $ 2137.45 WMB $
S-LB $ 1199.89 ISO $
CITY $ VAOP $
-CERTIFIED AD-VALOAEM-
(2001 TAXES) TOTAL $
* * * * * *
AREA NA
CERT.2001
370000
91612
467612
467612
467612
377 .32
246.20
536.12
14.87
6344.52
(SITE)-> NA COLLIER
BLVD 14335 RES477
F1
Update
Agenda Item No. 80
June 22, 2004
Page 52 of 116
--
711 FtftII A1MIUO SOU'"
Suite 21)9
NIIpIO&. ~ ~102
94 UI5!t6070
fa)( 659.6071
The Vint.age Group
I
Fax
To: 81 Hoover
Prom: Carl M. Nagel
HoeNer PIwri1g & Development, Inc.
P-= 403.9009
...... 5
DIMe &114m
PhoMI 403.8899
Rei Collier Blvd. pruperty
CC: Tom CraIg
o ""--' x "01 Rt.".. a pr.... ~""I*'t 0 PIN.. Reply 0 ....... Rec:fCIe
.-
SIGNED PlANNING C<)NTRACT ATTACHED.
NOTE I RECENTIJ' TRANSFERRED THIS PROPERTY INTO OUR HOLDING COMPANY.
PLEASE ADDRESS FliRTHER DOCUMENTS AS FOlJ.OWS:
/Sf Q:. """ L. e: .-
CARL M. NAGEL; /'? 4 "" 4..7 ,:n..? '.,
CON PROPER1IES, LLC
IA. ~ c-r-i..~r hI e r1'\ ~ e t- "S-
A' .~
';T ~;. e. p~" ct. L. /f./<i?~)
3::2.s- .(",' HIt!! #q r b. u.... L:....,
A)q/ Ie..~, F'L
711 FIFTH AVEloJUE SOllTH. SUITE 209
NAPLES. Fl 3-4102
THAN< YOU.
t1L
.-
Agenda Item No. 80
June 22, 2004
Page 53 of 116
'nIla 1n~ ".Ia prepared
t>y. n.c.a. .. Kal"De1', laquira
(And AppJ:09W'l ., . :raJItor'. At torney,
Oeorve ac"'iad, ..squire)
QUARLES , 8RAD~~
4501 North Tu.:._i Trail, #300
Naple., Florida 33940
ttt 1983062 OR: 2107 PG: 1174 ttt
ueoun t. omcw DCOID. of cmm .", "
IO/tt/tS It 11:101 men I. IlOCI, CUll
COIl 2........ .
DC III . ,...
DOC.. 71 UI....
teta:
tIWIS , lUll
Uti !IIDII ft 1 1311
WW n. 13m 1'"
$ ,. 00 reI :ordinc)
$ 1,680.00 dot: staaps
Property ID# 00203680007
WARRANTY DEED
'l'BIS DEIlD. 1. _de this ~ day of october, 1995, be~ ~
GOLF _IU HI"', IJIC., . ~lor:lcla oor:poratioll, Grantor, vb08e po.t
o~r1ce addre.. i.: p~~ ottice 8ax 126, Goodland, plorida 33933, an4
aXCDJlD D. caJa3:e _4 FaalrClla &. CllAZe, .._.... _4 .1~., a. - ..tate ~
the eDtirety, ~rantea, whoa. post office address is: Post Offic. Box
899, !'.elvara, I:olorado 81632. .
Th. qran~)r, in con.ideration of the sua of Ten Dollars ($10.00),
and other good and valuable considorations paid by the grantee to the
grantor, the rllc.ipt of which is hereby acknowledged, hereby convey. to
grante., the followinq described real property in Collier county,
Florida:
Th. South 1/2 of the South 1/2 of the North.nt 1/4 of the
Southeast 1/4, Section 3~, Township .1 south, Range 26 EaR,
Collier County, Florida, 1... and e)Coapt: the East: 100 f..t.
Tbi. deed is subject to the following:
1. Cond:.tiona, restrictions, li.itatioTUI and eas~nta COIDlCn to
the ,:ubdlvision, if any.
2. Zonll~ and other govern..ntal requlations.
3. Taxa.. and assessment. tor ourrent and subsequent years.
4 . A Pul chase Money Mong.C). in the aJlOunt of $171, 000. 00 trot' the
9ran1~.. to the grantor, wbich i. beineJ delivered si.ultanee,ualy
with th. delivery of this Warranty Deed.
Grantor tully
aO:.fainet the l.,'ful
wi tne....:
warrant. title to ..id land and will defend tha ....
clai.. of all pereone wboaeoe er. ~
~:Il-L" ·
"fig ~MS E. 1
Print Nue of t'i tness 1
.-J ,')
Ni;~ii~~~l&b;""
Print Na_ of ,'ltn... I'l
By:
.. .. .~.
. :r.... :r~';,ol,.
A- -a}~:',
:\ -..: _" ~~~.. ./ l~ .
.~ _. 'f' .l~ ..'~
.I~. Ir~"''' _ .tJ:i..~ .,~.
J" ='l? Ji; :. :.4'>.;;..$'
. 1-...,.'1""""'O::'otl
STAn OP FLORItA
ComITY OF COLLJ BR
'l'he foregc:ing instru...ent: vaa IIcknovledged before _ this 3;'~_ day
of october, 1995, by Joseph E. curcie aa Vice President, QJl behalf o:~ the
corpor~ti<i'n. fle (_) is personally known to _ Dr ( V ) has produced
<)1 ill\Jtt(\ J. J.'-"" .1~'U(..'lI: ,,\.../1.0 aa identification.
"'J
P<i(;..{./.L'-"'~ /Y'i/:( ".,,~?-L'-
Notary Public ".
Print: Ma.e: II.I\lhtK1H(; H. PEPPERS
My comaission E ires:
~,.QV ~(l Cf'1'1CtAL NOT
~ ~GoC\ KAT__ II ~--
; ~l ~ CO"~=~.I"
: ~... 1t:Q II!Y eo_.- U~.
(. _ OH\.o FE.. 17 10..
( SEAL)
QIlIUIP1\71S20.
a Item No. 8D
June 22, 2004
age 54 of 116
~ ~<;:.,t .s'
RICHARD D=& FRANCES A
899
-FC 2 DC TR TD 0020363iJ007
FOLIO 00203680007 OWNER> CRAIG,
-STRAP 482634 011.00031334 PO BOX
RB/P 2107 / 1174
.;;ALE DATE 10 1095
$AMT 240000
ACRES 9.25
TRS-> 48 26 34
LEGAL-l 34 48 26 81/2 OF 81/2 OF
-2 NE1/4 OF SE1/4 LESS R/w 9.25
-3 AC
-4
EDWARDS
HMSTD-X
100%-X
SR-X
DIS-X
BLD-X
WID-X
AG-X
WH-X
CURRENT - EX - AM'] ,
$
$
MILL-CODE
36
$
$
$
$
MILL-RATE
13.8877
-2000-
FINAL
$
$
CO
7 LND
L-USE IMP
MKT
ASSD
TAXABLE
CNTY $
S-SL $
S-LB $
CITY $
CERTIFIED
* * * * * * * *
COL::"IER COUNTY',. FL
-TAX ROLL-
* ** * * * * *
81632 089:~
CERT-99-VAi:"
$ 323750
$ 3621J
$ 3273 713
$ 3273713
$ 3273713
1162;21. MSTU $
1686.98 WMB $
843.00 ISD $
VADP $
$
Ese
Exit
FI
Update
LOCATION NA CR 951
(2000 TAXES) TOTAL
-CERTIFIED-
AREA NA
CER:r-OO-VAL
323750
3883
327633
327633
327633
276.03
184.13
384.90
. 12.81
4550.06
(95
RES477
Agenda Item No. 8D
June 22, 2004
Page 55 of 116
. . .
NAGIGL-CRAIG BUSINESS PARK
STORM: WATER MANAGEMENT SUMMARY
Prepared by
Davidson Engineering, Inc.
2154 Trade Center Way
Suite 3
Naples, Florida 34109
(239) 597-3916
.'~ "~"~\''":-':.'-'';-':;:'.'''' '.ie.
. :.'. .';;" .,\,.~' 'f5~ ,;., '\1
.;, .~~~ '\. '~C;:'C((\.:'....
, . .
, '.
-',J,. '
NA'GEL CRAIG BUSINESS PARK
WI\. TER MANAGEMENT SUMMARY
The proposed Nagel <:::raig Business Park is located in the Harvey Drainage Basil1 of
Collier County. Flonk The project site is located in the northwest quadrant ofl:he
intersection of Collier Boulevard with Vanderbih Beach Road Wolf Road is adjacent to
the nOlth property line of the site and Collier Boulevard is adjacent to the east pr.)perty
line.
The Harvey Basin M;lSter Drainage Plan requires that all portions of the project that are
further than 2000 feel: north of Vanderbilt Beach Road discharge to the west into the "
Island Walk water management system All portions of the project that are within 2000
feet of Vanderbilt Be.lCh Road shall drain into the Vanderbilt Beach Road right-of-way.
The northern 530' of the site shall, per the Collier County drainage plan, discharge to the
west to the Island \Va 1k water management system Currently there is a verbal agreement
between the WolfCrc:ek PUD and the Nagel-Craig property owners that will alkw this
drainage discharge route to be accomplished. The southern 810' of the property would
discharge to the 50utb via a piped system within the loop road right-of-way to thn
Vanderbilt Beach ROild drainage ditch.
The Harvey Basin allows for a post development discharge rate ofO.OSS cfsIacre. The
rate of discharge through the Wolf Creek PUD would be approximately 0.81 cfs. The
rate of discharge to the south will be approximately 1.25 cm. If there is no agreement
between the property )WDers that would allow the storm water from the northern portion
of the site to discharg.: through Wolf Creek PUD. then all the stann water would have to
discharge to the V and ~bi1t Beach Road ditch and the allowable discharge would remain
1.25 em. .
It is the intent of the designers to engineer the water management system to the
guidelines set forth by the Harvey Basin Master Drainage Plan, the South Florida. Water
Manag<''1llC11t District ; md Collier County. Specific drainage calculations will be
performed at the time of Site Development Plan review and Enviromnenta1 Rcso:\lrce
Permit review.
Agenda Item No. 80
June 22, 2004
Page 57 of116
;. , ..
.
Preliminary Water Management Calculations
Site area=37.5 acres1
Area of property greater
than 2000' north ofYBR right-of-way = 14.8 acres
Area of property l,~ss
than 2000' north cof YBR right-of-way = 22.7 acres
Harvey Drainage Basin:
Allowable discharge rate = 0.055 cfslacre
14.8 acres x 0.055 cfs/acre = 0.81 cfs
0.81 c(') to dischar,~e through Wolf Creek to Island Walk
22.7 acres x 0.055 cfsJacre = 1.25 cfs
1.25 cfs to discharge to the south to VBR ditch2
1 All nmnbers used in the above sunnnary are for preliminary calculations
and are subject to change when the project is submitted for SDP and ERP
reVIew.
2Ifat the time ofpermitting, there is no agreement to discharge through Wolf
Creek PUD, all of 1he storm water nm-off shall be routed to the VBR ditch.
The allowable discharge rate will be limited to the area permitted to
discharge to the VBR ditch per the Collier County drainage plan. In tlris
case the maximum allowable discharge would be 1.25 cfs.
Agenda Item No. 80
June 22, 2004
Page 58 of 116
-
NilPLES DAILY NEWS
Pu :>lished Daily
Naples, FL 34102
A.ffidavit of Publication
Srate of Florida
O>unty of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb. who on oath sa)'! that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a claily newspaper published at Naples. in Collier County,
Flcrida; dis1nbuted in Collier and Lee coUJlties of Florida; that
the attsched copy of the advertising. being 1I
PUBLlCNOTICE
lD lbe matter of PUBUC NOTICE
WIH published in said newspaper 1 1ime(s) in the issue
on July 8. 2002
A ffiaDl fIInIIcr says lIIat !be aid NepkI Dal1y Ne-wI Is . uewspapc:t
pub! ~ .. Naples. in said Comer ClIUDty, Florida, and 1h&t !be said
new 5p1lpCf lias bemo1'orc: been conlinuou.tly pIIblilbcd in said Collier
Cou~ly, Florid.; e!iJln1Med in CollieT II\d LeeCOWltiea of Florida,
r.acl day IJ\d has bc:eIl cntered IS second class mail JJ111ICI' .. Ibe post
offiloc in Naples. in IlIid CollierCouuty, Florida, for a period of I
YCII oat preceding tile fiJSl publiealioll of !be aaacbcd copy of
advt TlismJml; Ine! afIianI furIhc:t says dlat be haucithc:t paid nOl'
pror'ised my penal, finn or corpontion III)' diacoIml, ~
com mission or m'vnd for the PIIJ']lOM of seemiDg 1hiI advmisemall for
publicalion iD~
~. .
(ffignatule of affiant)
SWo)m to and subscribed before me
./~th day of July 2002
~:naturc ofuotary public)
."".... 00Ma cr-ney
1....1": My Commission 0005mI
"ift'r-I E>cpinla SeplM1b<< 11, 2005
..~
PUDZ-2002-AR-~:411
PRO.JECT #2002/}60060
DATE: 11/21/02
KA Y DESELEM
Agenda Item No. 80
June 22, 2004
Page 59 of 116
-
PUBLIC NOTICE
PUBUC NOTICE
PUBUC NOTICE
PUBLIC; INFORMATION MEETING
TO CC.NSIDER REZONING THE
FOLLOW1NG DESCRIBED PROPERTY
Land located 0 n the southwest comer of Wolfe Rd. and
Collier Blvd. approximately % mile north of Vanderbilt
. Beach Rd.
F()R THE PURPOSE OF .
The applicants, Carl Nagel,. Managing Member of CON
Properties, LL.C, and Tom Craig request a PUD
Rezoning from Agricultural to PUD for an upscale
Business Park on approximately 37.5 acres of land
located at thE! southwest comer of Wolfe Rd. and
Collier Blvd.
THE MI:ETING WILL BE HELD ON
JUL'V 25, 2002 AT ~:15 PM
AT FAITH COMMUNITY CHURCH
64,55 22nd AVENUE NW
VICINI TY MAP
-t,
o
I
.5
I
4/1.
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o
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o
o
-J
1:)
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iii
~ G t
ii5 Blvd.
'-
'- q)
~ ..Q
<3 ~
Pine Rid e Rood
~itt'J Blvd.
Agenda It m No. 80
. Jun 22, 2004
Julw e. ~~ 60 of 116
No. 99638181
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Public Participation Meeting
Summary
Nagel-Craig Bw:iness Park PUD
July 25,2002
1be meeting was called to order at 5:15 PM by Collier County Planner Kay Deselem
There were approximately 11 people in attendance including Ms. Deselem, Bill Hoover
of Hoover Planning & Development and Bob Mulhere ofRW ~ Inc. representirg the
petitioner. Ms. Dese lem briefly outlined the petition process and then introduced Bill
Hoovl."I'.
Mr. Hoover outlined what the petitioner is proposing for the subject property. H~
explained that businc~ss parks today do not contain uses that detract from the park-'s and
neighborhood's ovexall character. In addition, the petitioner is removing many uses from
the Business Park category that they deem inappropriate. There was a general discussion
concerning the land llseS proposed that abut the subject property. Additional dismIssion
took place about the roadways within the general area and how they will connect to
Vanderbilt Beach Rc ad and CR 951.
Ms. Lewis, representing Christ Community Lutheran Schoo~ discussed access to their
property. There was .1 brief discussion concerning the school location and speciJics of
their future development. Mr. Hoover said be would keep in touch with them as the
business park project goes through the rezoning process.
A brief discussion oc curred concerning current building moratoriums and how they effect
development in otheJ areas of the county.
Mr. Hoover explainel the traffic study, which has been submitted to the county ,md the
large area it includes. There was a discussion concerning surro'unding road improvements
that are scheduled anJ their timing with the development of this project. Level ofservice
for the surrounding roads was also discussed and how the proposed shopping center to
the south will effect traffic. A general discussion occurred of checkbook concun-ency.
Mr. Hoover discussed the importance of properly located commercial as it relates to
traffic patterns.
The timing of development was discussed by Mr. Nagel. It was noted that the pmnitting
will take 18 months and then the road, utility construction and site development would
add many more monttls before buildings would be occupied. He taIkcd about the:
petitioner's commitment to a quality business park for the area and where professional
office space would be provided. He noted the inclusion of flex-space and storagt: space.
The meeting ended at 6:30 PM.
Agenda Item No. 80
June 22, 2004
Page 62 of 116
Letter Affidavit
Nagel-Craig Business Park
On July 5. 2002 letten were mailed to all property owners within 500 feet of the sllbject
property. Additionally a letter was mailed to the Golden Gate Estates Area Civic Assn.
;J4 ~ ~~
-
William L. Hoover, AICP
Agenda Item No. 80
June 22,2004
Page 63 of 116
July 5, 2002
Dear Property Owner:
Please be advised that ~lS agent for the applicants, Carl Nage~ Managing Member (,fCDN
Properties, LLC, and To lm Craig request a PUD Rezoning from Agricultural to PUD fur
an upscale Business Park on approximately 37.5 acres of land located at the southwest
comer ofWo)fe Rd. ani Collier Blvd
In order to provide you an opportunity to become fully aware of our intentions and to
give you an oPPOrtunit;/ to influence the use of our property, we are holding a Public
Information meeting at 5: 15 on July 25, 2002 at Faith Community Church, 6455 22Dd
Avenue NW.
At this meeting we wiU make every effort to illustrate the intended use of our property.
Sincerely,
Bill Hoover, AlCP
Agenda Item No. 80
June 22, 2004
Paqe 64 of 116
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PUD
;t>HE-APPLICA TION MEE11NG NOTES
Date: 1x"'"2.7-e'L 'Time: I PM. Firm:' Hcovo( ~"':::>I~nnl'~l~
Project Name: N ('w \ . C ('(\'3 H \..'~~, n('ss {, All<.
Applicant Name: CA~L NAlZ,EL- {-p,.." C(U\I{,- Phone: 4{)'~-~S~/Yl
Owner N~lme: .sd~Y\..:'.
Meeting Attendees:
Planner:
Phone:
I<.A y 1)1==.f:F1
Owner Address:
p-t-1
~~~v ~~~:t
Meeting Not~ . ~ (\
)w~ \0 \N\nul. 1'~C3J. ..,/" e.oPDSo)\.jA ~lkh.)rC..:" \"tJ2~I.u)
~~~ ~UE:('s DN l~lJ,AL e r') -C':oLUfJ2.. {lL\JD- C1AS5IACArlc..'i Q~o~
~} Pt.2-T 9-~ ~e:!~l\C:I~ 0P~~-ro Yt.'t=-~~
~ cOD(...~~~, \yr :f0Ui t-\I~~ ~L
17 Copies of the following:
~ Completed Applic2 tion
8J Pre-application Meeting Notes ,
g Conceptual Site PI; in 24X 36" and One 8 ~ X 11" copy . ~
'g PUD docwnent ane Master Plan /J.., 1. ~ {lC (t .E J Ie;
2 Copies of the following: ~
-t2f=" DeedslLegals & Survey (if boundary of original POO is amended)
~ List identifying 0", ocr & all parties of corporation
~Er Owner/Agent Affidavit signed & notarized
~f:3:C 1 copy of completd Addressing Checklist
4 Copies of tbe following:
Q/ TrafficImpact Stat,:ment(TIS) or waiver - c.o~ fO~ C^P~.J.A H>'~ S 6P~ ).,tTI"S-
~"1"' EIl~nmental Im~~~~JE:IS) or waiver,-'C;~ 'f!!1.45.1"'" ~ I ~~~
o Histoncal Surveyor WlUver re;u~~
...t5f Uti1ity Provisions E tatement w s etches
'8 Architectural rendering of proposed stroctw'es
.B Stuvey, signed & sl:aled . PUDZ-20 }2
~ Recent Aerial Phot')graph (with habitat areas defined) min scald I" = 400' t -AR-341l
-- PROJECT ##2002060060
Fees: DATE: 11/21/02
I Application Fee $~,OOO + $25 per ~l<.:re KAYD~:ELEM
',. $25 Data Conversi(,n
~ p J.~ $3CO.00 Pre-applic:ltit)ll fee (to be .:;redited toward application f<::e upon submittal).
FeeL,tal ~
I'.>es- ill/;'; p'liA :~/t.~r I'et:f,!}!/ ;:i'iJl'j;iJir:t~ji'~'m ,F!unniJlg D"p i.IriJJI ",ttt:
Yrc;p';/f} OWftn' N{lt~tic<lik !.5: $1, OU Nl'It-,~p.,.titied; ~:1.{Jl) Cu.'i/kd J',:;:i~'H n:ceip. ,;.'Jilil
,. '. ~ . , ( . I.' ~ ~ ~ i ".1. ;
. .: ~ ;
Agenda Item No. 80
June 22, 2004
Page 66 of 116
-
PRE-ApPLICATION NiEETING
SIGN IN SHEET
_N t\f~ E l rJ?...i~, 1(-.- 'b \)S, I ~t... ~ S \=:> ARK-
Project Name
b--2~ 7-C?
Date of Meeting'
Pl.EASE pRINJi
Name Division/Dept Regarding
Phone Number
Koy Deselem CDES/Plng Srvcs Current Planning
,'239) 213-2931
--- '7\' / /J.
.. / cr P !..Jt't'vIDJ"),.J f)..VI'oj.)/'I C,:?"",,"'" /Wi.; C~i yLJD
,- ,
$ ~ 7 -j ?/6
t- 40C-L
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)J Pwr'"r", fJ. ~ c..<... Y u.c: P
(\ ./ . .~ ~'
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--'~ /I j "
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'! j/' J / " 1.)
L 1/7 <) I.-h. , r.c.' ,;) ," '.- ((' L'I...~D
/
~": ,'/ /' ,~. -
..-,~,' (, /.'( €,. '-k-"'\
/,/~L/r~~ fi~0 trf1. ~C?7C?
t. ,
;Lw/1, J,N(, fro/(.~;~,4r) a~r1~) ~7'r, JJD 7
S-'J'o- ~14 (
r
.
. . '"". ',"" ..... # ~.--
t',-..l.. ..... -t..o. 11....., 1.
732 -2S0 I
J.;Jt." - ~ nc...
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I _. :;t' r
F:\form~;\F)re-App sign in 3heet.doc 6/6/02
Agenda Item No. 80
June 22, 2004
Page 67 of 116
Sup(,lemental Deviation Justification
Excerpts from Agent's resubmittalletter of September 25, 2003
With rcgard to la:ll:lscape Deviatioo 1:
Reduc~ion of requ ir~ landscape ~!1ffer width - Staff does not 'support the proposed
reduction ID the required buffer width. The proposed width reduction does not meet
standards under L)C 2,216 1fl.1. The required buffer width is required to provide
adequate room/are a for a double row of trees and to provide specific buffer designation
for (BP's) under 2 2.16112.2.4.7. The proposed buffer width reduction does nolo Under
LDC 2.2. 16 1/2 bllsiness parlt standards Mlt is intended that the BP district be designed in
an attractive pm-like environment, with low structural density and largo landscaped
areas..... The proposed buffer widths would not meet the LDC intent and would present
the same buff en as all other developments adjacent 10 this parcel and also within Collier
County thereby defeating tbe purpose, and intent of the business parle district (DP)
designation. The huffer width standard is required to meet purpose and intent for the
Husiness Park D~ ignation. It is also Rquircd 10 meet good 1andscapdbOfticultural
llracUCes.
ResDonse: Based llpon a mee~ing. with Susan Mumay and Kay Deselem held on
September 17, 200 3. it was determined that ,the requested deviation was supportable, and
could be deemed tll be consistent with the purpose and internet of the Business Park
District, ifan amolUlt oflandscape area (with landscape trees) equal to that which is!l!!
being provided in the landscape buffer (via the requested deviations) i.s placed in other
1')C3tions (in the fOIID of landscapelgreenspacc) thrOughout the project Accordingly. the
deviation langlUge in the PUD has bea1 revised 10 read as follows:
(1) Deviation trom LDe Section 2.2.16 ~2.4 (7) to allow for a five-foot reduction in
the required northern. and southern perimeter buffers from 2S feet to 20 feet for
the northen!, eastern and southern perimeter landscape buffers. The ZQ-foot-wido
buffers sha I be designed in accordance with tbeprovisions ofLDC Section 2.2.16
Y..2.4,7, ex :cpt:
(a) Only 8t'"lo oftbe required trees per Section 22.16 ~.24.7 shall be loca\cd
within I he 20 foot perimeter buffers. placed no morc than 30 feet on center,
and.
(b) One or :norc additionallandscapelgreenspace areas totaling 17,700 square feet
and not less than 4.000 square feet in any single location shall be located
intcmalto the Business Park or clustered at Park entJances. 'This addiliona1
landsca:>clgreenspace area 5hal1 include at I minimum the balance oftbe trees
normaJIy required by Section 2.2.16 Y..2.4.7, but not required within the
perimeter buffers pursuant 10 paragraph (a) above.
With regard to Landscape Deviation 2: Elimination of the maSonry wall requirement
adjacent to residen ial uses. Staff' will support this deviation if the following
stipulationslrequi"ments are provided.
1. All proposed P-eservations and or Mitigation Planting Areas will be subjccllO Collier
COWlty SIaffApproval at time ofSDP(s).
2. No 24-hour bUlinesS'S or restaurmts allowed within 100 feet of any Preserve or
Mitigation Area.
3. No Access RoadsIR..O.WNcbicularUsc ArcasIDumpsters allowed adjacent (wilb20
feet) of any Preserve or Mitigation Area. (Note: the 20 foot .... beea added to
clarify wlaac La mout by .d)acat uad w.. reviewed ud support by Kay
Deselem au S811D Murray damc- meetiaC OD September 17, 2003.)
4. No building OV':I' 35 feet in height within 100 feet of any Preserve or Mitigation Area.
Response: We aglee with the above stipulations with the ODe clarification added 10
slipulation number 3. The clarification will require at least a 2~foot separation between
the listed uses and : he preserve or mitiplion area and will thus define what is meant by
the term "adjacent" in this context. The above conditions have been added to the PUD
and the Master PI31L
Agenda Item No. 80
June 22, 2004
Page 68 of 116
4
3rd RE-SUBl'fiTT AL
PUDZ-2002-AR-3411
PROJECT #2002060060
DATE: 9/26/03
KAY DESELEM
SCHEDULE OF DEVIATIONS
(AND N;\.RRA:TIVE EXPLANATION AND roSTIFICATION)
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1.
Deviation from :LDC Section 2.2.16 KiA (7) to aJlow for a five-foot reduction in the
required northem, and southern perimeter buffers from 25 feet to 20 feet for the northern,
eastern and soubem perimeter landscape buffers. These 20-foot-wide bu:Tcrs shall be
designed to be cpaque within one year with .a ~;ix-foot wall, fence, hedge: or berm, or
combination thereof and two staggered rows of trees .spaced no more than 30 feet pD'
center and a meandering we Type D landscape buffer hedge. In addition, a minimum
of 50 percent of the buffer area shall be composed ofa meandering bed 0 f shrubs and
ground covers other than grass.
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Explanation and Rational for Deviation Request:.
me Section 2.2..16 V-t.2.4 (7) reads asfollows:
A 25-100t wide landscape buffer shall. be provided around the boundarjJ of the business
park A six-foc.t tall opaque architecturally finiShed masonry wall, <IT berm, OT
combination therl!of shall be required and two staggered rows of trees spa..;ed no more
than 30 feet on center shall be located on the Outside of the wall, berm, <'T bermlwall
combination.
The project is uni ~uein that it will be surrounded on three sides (north, east & south) by
roadways (two of which do not currently exist cpld which will be facilities, in part, by
reservation! deaic;ltion of land from Nagel-Craig Business Park). To the no:rth is Wolfe
Road, which is intended to become a public road at such time as all necessary ROW is
reserved and acqdred.- The Nagel-Craig PUD provideS for a 4O-foot wide reservation
(for first 500 feet east of Collier Boulevard) and a 30-foot reservation along the balance
of the project's :lorthem boundary for Wolfe Road. 'Wolfe Road will provide a
significant public benefit by reducing impacts OJl the intersection of Collier Boulevard
and Vanderbilt Beach Road, by allowing residents and guests, and emplo~; and clients
of properties aloni: Wolfe Road and to the north and west of Wolfe Road to travel north
and south withou1 impacting this intersection. The same benefit is derived from the
smaller loop road ':hat will be constructed around the newly approved shopping center in
Mission Hills PUD to the south of the Nagel-Craig PUD. A significant po:1ion of this
loop Toad is located on Nagel Craig PUD property. Once constructed, the lOad will be
dedicated to" and maintained by, the County. Transportation staff requestl::d both the
smaller loop road ~md Wolfe Road. There is a significant public benefit to the widening
of Collier BoulevlLl'd and the establishment of the loop, road and Wolfe Road. This
request simply minimizes the impacts of these reservations on the propc=rty ownc:r,
without compromi~ing the intent of the perimeter buffer requireInents.. The re:J.uested 20-
foot wide buffer '\\ill be visually attractive given the planting requirements. The five-foot
reduction will not 'will not be,discernable to passing motorists and pedestrians, nor will it
have a deleterious impact on the health and smvivability of the plantings. The buffer will
be designed to be virtually opaque within one year. To the east is Collier Boulevard and
the requested 20- foot buffer widths are consistent with buffer widths that are: or will be
approved on properies to the south (Mission Hills Pun) and the ~~nda Item No. 8D
June 22, 2004
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To approve such a deviation will not set a precedent, as there are no other known
, examples of business park district zoning SUIToundedon three sides by roads to be or
roadway easf:ments to be dedicated by the applicant, as is the case here. Additionally, it '
will actually make the project, consistent with the WC requirements for 20' Type 1>
landscape buffi:ring adjacent to vehicular right-of-ways per LDC Sec.2.4.?.4 Table 2:4.
It is justifiable to approve the requested 5-foot reduction perimeter landscape buffer
width, when one: considers that: ' ' I .
a) We will be IJlanting all required vegetation;
b) The requestui 20-foot wide buffer will be equal to or greater than 'buffers on adjacent
properties; , ' ' , ,
c) The 5-foot JeductionWrn not be discernible to motorists or pedestrians, since the
IDe requires a 6-foot wall, berm, or combination thereo( to be im.talled within
perimeter lardscape buffer; and,' '
d) None of the:;e perimeter buffers (no~ south and east) arc adjacent to residential
development, where clearly the wider buffer is justified.
e) Finally) we hive agreed that:
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(1) A miItimum of80% of the required trees per Section 22.16 ~2.4.7 shall be
located within the 20 foot perimeter buffers, placed no more th~ 30 feet on
center; and, -
(2) One or more additionallandscape/greenspace areas totaling 17,700 square feet
and n(lt less than 4,000 square feet in any single location shall be :,ocatcd
intemal to the Business Park or clustered at Park entrances. This ,'!.dditional
landscape/greenspace area shall include at a minimum the balance of the trees
not required per paragraph (a) above, but normally required within the 25-foot
Busim:ss park p~eter buffer by Section 22.16 !h.2.4. 7_
2.
Deviation from LDC Sections 2.6.11.42 ~ 2.2.16 Y2-l.4 (7) to WaiVI~ the
requirement for a six-foot tall opaque architecturally finished masonry wall, or
berm, or combination thereofwithin the PUDs western perimeter' buffer.
EX]))anation and Rational for Deviation Request:
LDe Section 2.6.11.4.2 reads asfollows:
Walls and fences required contiguous or opposite residentially zoned'disttjcts.
,Whenever a' 1WTwesidentialdevelopment lies coniigumu to or opposite a
residentially zonl!41 district, said nonresidential development shall provMe a
masonry wall or Frefabricated concrete wal//fence. If located on a contigU0U3
property, the walll.fimce shall be a minimum of six feet and a maximum of .right
feet in height and rhall be located a minimum of six feet from the residenlially
zoned district. If Oil a properly opposite a residentially zoned district but fronting
011 a local street, or the properties are separated by a platted alley, the wall/fence '
shall be located a minimum of three feet from the rear of the right-of-way
landsc.ape buffer line and shall be foUT feet in height. On prop~~rWeiWNo 80
on more than one street, a six-foot high wall/fence shall be reqti/reaJ/jf{ff~~2004
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street which is op!Josite the primary ingress and egress point of the project a.'ong
the street frontagE , which is adjacent to the rear of the project.
At the applicants' request, the planning services director may determine that a
masonry wall/fence is not warranted, particularly where the local street lies
contiguous to the rear of a residence or some other physical separation eJ:ists
between the residl~ntial development and the nonresidential development, OlIo'
other good cause including the existence of a wall on an adjacent residential
development. The applicant shall demonstrate that the intent of this section can
be effectively accomplished. without constructing a wall, by submitting for the
approval of an dternative design, and a descriptive narrative through the.
administrative variance process set forth in subsection 2.6.11.5.7. of this Code.
The planning Sei"Vices director will review the submitted documents for
consistency with tile intent of this section and, if the administrative variance is
approved the fact of the approval and basis for it shall be stated in the site
development plan 'pprovalletter.
Section 2.2.16 ~.2.4 (7) reads asfollows:
A 25-foot wide lar.dscape buffer shall be provided around the boundary of the I
business park A six-foot tall opaque architecturally finished masonry wall, or
berm. or combinatIOn thereof shall be required and two staggered rows of trees
spaced no more thGn 30 feet on center shall be located on the outside of the wall,
berm. or bennlwall combination.
Currently, no portion of the property is adjacent to residential uses. The portion of the
property that will he adjacent to the future residential uses, assuming the Wolf Creek
PUD is approved, ~ ill be separated from those residential uses by significant f(,tain~ and
replanted native ve!;etation preserves. Further separation will be provided in the form of
stormwater man"agelDent lake facilities. It must be understood that minor revisions to the
boundaries of the pI eserves (both created and retained) may occur. The native vegetation
buffer width is, at its narrowest point, a minimum of fifty feet in width. '{be native
vegetation makes a substantial buffer between the adjacent residential and the business
park. These presen'es, both existing and planted will provide for a more than adequate
buffer, when coupled with the roadway and the buffer on the adjacent residential
development.
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The deviation requert has been revised to indicate that at the time of SDP, a landscape
plan will be submittl~ depictirig existing retained vegetation, vegetation to be planted as
mitigation for native vegetation retention, and, where necessary, supplemental '~egetation
within retained native vegetation areas to. result in vegetative screening of thc~ business
park uses from the aijacent residential property. The purpose of the wall requirement is
to ensure that the adj acent residential land uses are adequately buffered from th" business
park uses. In the cas;: at hand, structures are limited to a height of 35 feet within 1 00 feet
of the adjacent proposed residential PUD. Moreover, no outside storage is permitted in
the PLT>. Thus, there are no concerns relative to tall buildings, or noise, or (odors, that
might be generated from the business park uses, as we have agr~~~<ac1itm.. b~~
heights to 35 feet not to exceed one story within 100 feet of residen'til1ly ~~~4
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The existing nati"e vegetation areas, coupled with the proposed replanted vegetation
areas, water mamgement lake, and buffers that will be installed on the adj~lCent future
residential PUD 'I'rill more than adequately screen the residential uses from be business
park. The vegetation within the preserve areas will be supplemented, where necessary to
ensure virtually opaque buffer. Please keep in mind that the adjacent residential PUD is
required to proville a Type B "Fifteen-foot-wide, 80 percent opaque within one year
landscape buffer :;ix feet in height, which may include' a wall, fence. hed~;e, berm or
combination thereof, including trees spaced no more than 25 feet on cen':er. When.
planting a hedge, 1t shall be a minimum often gallon plants five feet in height, three feet
in spread and spaced a maximum four feet on center at planting." So, in Ci(:tuality, the
buffer between these uses will be at least 65 feet in width, and in most cases significantly
wider. This will be virtually opaque and shall be adequate to buffer the adjacent
residential uses.
3 Deviation from LDC Section 2.2.161%.2.5.5 which limits building heights in the Business
Park district to 35 feet to allow building heights up to 42 feet in height when located a
minimum of 1 00 ft~et from any residential zoned property.
Explanation and Rational for Deviation ReQuest:
This request is consistent wjth the allowable height in the Mission :iilIs PUD
immediately to the south. Allowing the increased building height of7 feet will allow for
architectural roof design flexibility. and higher ceilings, within a three story building,
which is approprial e for professional office uses and corporate headquarters. The district
purpose and intent indicates that the BP district be "designed in an attractive park-like
environment, with low structural density and large landscaped areas provided jor both the
functional use of buffering and enjoyment by the employees of the BP district." The
allowance for sliglt1y taller buildings will clearly allow for 3-story office s1IUctures
designed with arcbtectural embellishments and enhanced roof design. Since the total
square footage of the park is limited to 417,000 square feet, encouraging the dt:velopment
of 3-story office btildings will further the 'pwpose and intent of the district l:y reducing
building coverage and, increasing land available landscaping and open SI'ace. The
allowance is not in conflict with the intended low strnctural density. which:uguable is
achieved through open spaces and landscaping and not necessarily through reduced
height, particularly since 3-story buildings can be achieve'in 35 feet. The additional 7
feet requested simFly creates an opportunity for greater architectural design flexibility,
primarily for office uses located on the second or third floor of a building, and for a
flexible roof design that will be much more aesthetically appealing, such as a gable roof
design versus a flat:oof design.. ,
Moreover, the only planned future residential zoning adjacent to the PUD i~ along the
western boundary (Wolfe Creek PUD). The PUD Master plan provides for native
vegetation preservation retention and mitigation areas along the western boundary, which
are at minimum 50 feet in width and on average more than 100 feet in width. The
perimeter buffers and perimeter roadways, coupled with the predominance of non-
residential uses adja:ent to the project ensures that the additional building height will not
result in an incompatibility issue. We have agreed, as was discus~ed ~~Ifl:~ ~ ~~
29th, to limit building height to 35 feet not to exceed one story (th€'~~.Rm~~
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that is permitted :n the single-family residential distinct) within 100 feet of residential
zoned property. This will also ensure an appropriate transition required und:r Division
2.8.
4. Deviation from LDC Section 2.2.16 Y1.2.1 and 2.2.16 Y2.2.3 which identifie:; Permitted
Primary and Seccndary uses, respectively, to allow for the following additional uses
which are not sp(cifically identified in 2.2.16 ~.2.1 and 2.2.16 K2.3. but which are
comparable in na1ure to many of the uses that are expressly pennitted and which are
desirable uses witl:in the business park.
a. Pennitted Principal Uses and Structures:
1. BuLding construction - general contractors (groups 1521 - 1542).
2. Laniscape Counseling and Planning (0781)
b. Ace essorv Uses to Permitted Primary and Secondary Uses:
L Automobile rental (group 7514), accessory to a permitted hotelfmotel
(grOlp 7011) only.
Explanation and Hationa) for DeviatioD Reauest:
The deviation requt:st for these few uses is based Upon their comparable nature with other
expressly permitted uses in the district We have provided substantial buffering,
especially from the proposed future residential to the west. We intend to develop very
attractive buildings in a "park-like" setting. OUtdoor storage of equipment is }rohibited,
and parking of c)mmercial vehicles is only permitted in rear yards. Building
construction - general contractors (groups 1521 - 1542), which includes gener;ll building
contractors, for both residential and non-residential buildings, including indllstrial and
warehouse buildings, is not in any significant way different from Specialty trade
contractors group (J 711 - 1799). which is p~tted in the Business Park zonhg district.
Thus. a deviation is being requested. Please remember that outside stolClge is not
permitted anywhere in the park. If specialty contractors are located within the park, then
it makes sense to potentially allow for general contractors to be located within lhe park as
well, assuming that equipment and material storage will be located elsewhere and that
primarily the park would accommodate a company headquarters/office fac::Iity (with
respect to both general and specialty trade contractors).
The SIC Code describes Landscape Counseling and Planning (0781) as Establishments
primarily engaged landscape planning and in perform landscape archite::ture and
counseling services. Ibis is a use that is very similar to the pennitted (Engineering,
accoW11ing. research, management and related services (groups 8711 - 8748). In fact,
many fiill-service co asulting firms provide landscape architecture services in addition to
civil engineering, pbnning, swveying ad the like. To exclude this use does not make
sense.
The auto rental uses: s only anticipated as a support (accessory) use to a potenti,l1lodging
facility lbotellmoten. A d It N 80
' gen a em o.
June 22, 2004
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NAGEL-CRAIG BUSINESS PARK PUD
, ~'tandard Rezone Considerations (LDC Section 2.7.25)
I. Whether the proposed change will be consistent with the goals, objectives. and pctlicies and
future land use map l~nd the elements of the growth management plan.
ReslJonse: The d ~velopment of approximately 37.5:t acres of property in CoUier County,
as a Planned Unil Development to be known as the Nagel-Craig Business Park PUD will
be in compliance with the planning goals and objectives of Collier County as set forth in
the Collier County Growth Management Plan, as amended. The business p.uk facilities
of the Nagel-Craig Business Park PUD will be consistent with the growth policies, land
development reg nations, and applicable comprehensive planning objectives for the
following reasons:
1. The subject p:'operty is within the Urban-Mixed Use District land use dEsignation as
identified on he Futme Land Use Map and as described in the Busin~s Park Sub-
District of th~ Urban - Mixed Use District in the Future Land Use Element, as
amended The Future Land Use Element permits business park uses in thiH area.
2. The subject )roperty's location in relation to existing or proposed community
facilities and :;ervices permits the development's business park intensity as descnbed
in Objective 2 of the Future Land Use Element.
3. The project d(:velopment is compatible and complimentary to surrounding land uses
as required in Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable sections of the Collier
County Land :)evelopment Code as set forth in Objective 3 of the Futu::-e Land Use
Element.
5. The project development will result in an efficient and economical allocation of
community fadlities and services as required in Policies 3.1.H and 3.l.L (lithe Future
Land Use Element.
6. The project dl~velopment is planned to protect the functioning of natural drainage
featmes and natural groundwater aquifer recharge' areas as described in Objective 1.5
of the Drainagt~ Sub-Element of the Public Facilities Element.
7. All final loca development orders for this project are subject to Division 3.15,
Adequate Puhic Facilities, as amended, of the Collier County Land Development
Code, as amended.
2. The existing land Lse pattern.
RE-SUBMITT Al
PUDZ-2002-AR-3411
PROJECT #2002060060
DATE: 6/12/03
KAY DESElEM
Agenda Item No. 80
June 22, 2004
Page 74 of 1161
Response: The proposed project will be consistent with the existing land use pattern,
given the recent approvals of PUD Zoning adjacent, and surrounding the ploposed PUD
property, and the implementing of the LDC and PUD development standards,
3. The possible creation of an isolated district unrelated to adjacent andnearb)' districts.
R.~sponse: No, the proposed PUD Zoning District will is consistent with the GMP
provisions for a Business Park District '
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
Response: Whil,~ not necessarily illogically drawn, the Agricultural Zoning District in
the UrbanlMixed Use Future Land Use Designation is merely a holding District until it is
appropriate for a change to a Urban District. It is understood that land zoned agricultural
in the Urban desi gnated are will change to another more urban district in time:. '
5. 'Whether changea or changing conditions make the passage of the proposed c.mendment
(rezone) necessalY.
Resllonse: HistoJically, the area has changed from an agricultural land use pattern to one
that allows for a mixture of residential and nonresidential urban uses. Ttlerefore, the
proposed zoning change is appropriate based on the existing conditions of the property,
and the surrounding properties, and because of its relationship to the Future Land Use
Element of the Growth Management Plan is a positive one.
6. Whether the prop Jsed change will adversely influence living conditions in thc~
ne~ghborhood.
Response: No, tl:.e development standards, and commitments contained in tile PUD will
provide reasonable assurance that the project, when completed, will not adversely affect
living conditions :n the area.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types ofTTaffic deemed incompatible with surrounding land uses, beca:.ue of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the deVElopment, or otherwise affect public safety.
Response: No, the roadway infrastructure commitments attendant to the approval of this
PUD will impro'fe existing vehicular circulation patterns, and will enhance access
opportunities for surrounding existing and future lands uses, and for public safety.
Moreover, the BUiinesS Park will provide employment opportunities that will reduce the
distance that employee must travel from points east to the western urban ~L resulting in
a positive impact in terms of trip reduction n the County's east/west arterial system.
Agenda Item No. 8D
June 22, 2004
Page 75 of 1162
8. Whether the proposed change will create a drainage problem.
ReSJlonse: No, the: drainage infrastructure commitments attendant to the approval of this
POO will not degr ade, and will improve existing drainage.
9. Whether the propmed change will sen'ously reduce light and air to adjacent areas.
Response: No, th.~ development standards in the PUD document ameliorate any potential
light reduction iSSlles.
10. Whether the propl.sed change will seriously affect property values in the adjacent area.
Response: This i~ a subjective determination based upon anticipated results, which may
be internal or exte:rnal to the subject property that can affect property values. Property
valuation is affect,~d by a host of factors including zoning; however, zoning by itselfmay
or may not affect values, since the determination by law is driven by market value. The
mere fact that a pIOperty is given a new zoning designation mayor may not affect value.
The proposed PUl> should have a positive impact on property values.
11. Whether the propcsed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Response: No, the basic premise underlying the zoning development stanclards in the
Collier County Land Development Code, which the PUD document will become a part of
if approved, is tha: their application, when combined with the approvals processes, gives
re~onable assunmce that a change in zoning will not deter improvement of adjacent
property. In additional, coordination, to the extent possible, with adjacent landowners has
occurred thrOUghO'lt the process.
12. Whether the proposed change will constitute a grant of special privilege to all individual
owner as contra'ltE'd with the public welfare.
Response: No, the proposed PUD rezoning complies with the Growth Management Plan.
Public policy statements support zoning actions when they are consistent with said Plan. '
In light of this fad, the proposed zoning change does not constitute a grar:t of special
privilege. Consi~tency with the Future Land Use Element of said PIau is further
determined to be a public welfare relationship because actions consistent with the Plan
are in the public interest Further, the PUD is consistent with the Business Park Zoning
District. Where dt:viations are permitted through this PUD rezoning proct:5S they are
permitted as a result of a determination of public benefit or not public detrime:lt.
13. Whether there are substantial reasons why the property cannot be used in accordance with existing zonin,-S_ '
Resl>onse: The subject property can be developed in accordance with the existing zoning,
however, to do s) would deny this Petitioner of the opportunity to IDClximize the
development potential of the site as made pOSSlble by its consistency relationship with the
Future Land Use Element of the Growth Management Plan.. FurtA~eAmfFttilW~.~
June 22,20043
Page 76 of 116
the agricultural Z,)ning is limited and does not result in an economy of sc21e for Urban
uses which is Ii ~sirable in the urban designated area where adequate f:ervices and
infrastructure is a'/ailable to serve such urban uses.
14. Whether the chan;;e suggested is out of scale with the needs of the neighborhc)od or the
county.
Response: No, the proposed PUD will not be out of scale with the needs of the
neighborhood ane in fact, will serve the needs of residents and will provide employment
opportunities as well.
15. Whether it is impc'ssib/e to find other adequate sites in the county for the proposed use in
districts already permitting such use.
Response: There are very few sites that are zoned to accommodate a Business Parle
District. This is a relatively new district create to provide for a unique and busineSs
oriented mixture of uses. Moreover, this is not usually the detennining factor when
evaluating the appropriateness of a rezoning decision. The determinants of zoning are
consistency with all elements of the Growth Management Plan, land use compatibility,
adequacy of infrastructure, and to a lesser extent the timing of the action.
16. The physical charczcteristics of the property and the degree of site alteration which would
be required to mai;e the property usable for any of the range of potential uses under the
proposed zoning classification.
Response: The e;:tent of site alteration will be determined, as a function t)f obtaining
development plan approvals that will further define the PUD. Required native vegetation
preservation and/cr mitigation for impacts to required native vegetation pres~ation can
be accommodated on site. The site can also accommodate significant land to be utilized
for transportation improvements, water management, and landscape buffers~ while
retaining sufficienl: lands for intended uses.
17. The impact of devE'lopment on the availability of adequate public facilities an.f services
consistent with the levels of service adopted in the Collier County growth ma,'.agement
plan and as defined and implemented through the Collier County Adequate Pi/bUe
Facilities Ordinan':e [Code ch. 106, art. IIJ. as amt::flded.
Response: The programmed improvements as set forth in Collier County's Capital
hnprovement Element of the Growth Management Plan addresses the adequacy of public
services and levels of service to be consistent with the Growth Management Plan
relationships.
18. Such other factors, standards, or criteria that the board of county commissioners shall
deem important in the protection of the public health, safety. and welfare.
To be determined Dunne public hearine (s)
Agenda Item No. 8D
June 22, 20044
Page 77 of 116
PUD Rezone Comiderations (LDC Section 2.7.3.2.5)
1. The suitability of the area for the type and pattern of development proposEd in
relation to ph}sical characteristics of the land, surrounding areas, traffic .lnd access,
drainage, sewm', water, and other utilities.
Response: The pwposed PUD's consistency with the locational criteria set ::brth on the
Future Land Use Map and supporting Future Land Use Element (FLUE), of the
Growth Management Plan (GMP), and consistency with the applicable Elements
related to access, drainage, water, sewer, and other utilities, combimd with the
development conditions and commitments contained in the proposed PUll document,
gives reasonal: Ie assurance that all infrastructure will be developed comistent with
County regulations.
2. A dequacy of evidence of unified control and suitability of cmy proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relatt' to arrangements or provisions to be made for the continuing
operation and ;naintenance of such areas andfacilities that are not to be provided or
maintained at public expense. Findings and recommendations of this type shall be
made only afte.- consultation with the county attorney.
Response: The dOI:uments submitted with this petition application provide .:vidence of
lmified control. Further, the proposed PUD document makes appropriat~' provisions
for continuing ')peration and maintenance of common areas.
3. Conformity of the proposed PUD with the goals. objectives and policies of the growth
management plan.
Response: Please n:fer to the Item # 1. under Standard Rezone Conditions, above.
4. 17ze internal and external compatibility of proposed uses, which conditio1JJ may
include restn"ct!ons on location of improvements, restrictions on design, a1.d buffering
and screening requirements.
Response: The PVD Master Plan has been designed to optumze internal land use
relationships through the use of various fonDS of open space separation.
Additionally, most external relationships are automatically regulated b:r the Land'
Development Code to ensure harmonious relationships between projects.
5. The adequacy o.fusable open space areas in existence and as proposed to .serve the
development.
Response: The amount of open space set aSide by this proposed project meets or exceeds
the provisions 0 f the Land Development Code.
6. The timing or St !quence of development for the purpose of assuring the adequacy of
available impro vements and facilities. both public and private.
Agenda Item No. 8D
June 22, 2004.
Page 78 of 116"
~-
Response: The timing and sequence of the permitting the proposed development
coincides Wi1h the programming of the County's proposed capital improvements to
meet concurrency requirements. Adequate improvements, utilities and other facilities
can be provided.
7. The ability of the subject property and of surrounding areas to accommo.{ate
expansion.
Response: Abili~', as applied in this context, implies supporting infrastructure such as
wastewater d;sposal system, potable water supplies, characteristics of the property
relative to hcl.:~ards, and capacity of roads is supportive of conditions ~.mating from
urban develollment. Relative to this Petition, development of the subject property is
timely, becaru:e supporting infrastructure are available, or will be in placc~ by the time
permitting of:he proposed improvements is complete.
8. Conformity wlth PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modtfications of
justified as meetingpublic purposes to a degree at least equivalent to litel'al
application of such regulations.
Res)>onse: The deyelopment standards in the proposed PUD document are consistent with
the standards in the Business Park district, which reflects the purpose and intent of the
Future Land Use Element
Agenda Item No. 80
June 22, 2004:;
Page 79 of 11 b
"
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039 PIal
FUi 05 '33 15:30
,
July 30, 20C 3
Mr. Robert J. M\l1here. AICP
RWA, me.
3050 North HOfJeahoc Drh e, Suite 270
Naples, FL 34104
Re: Functional and Trafflc: ':ircuJation Element Classification ofColli~ Boulevard and Vandetbilt Beach
Road.
Dear Mr. Mulbere;
This COrTt..'Spondetlce is ill :rc :sponse to your request for clarification and confirmation ot the above
referenced County rDlIdw8YS, the forthcoming widening oftbese roadways, and revisions to the County's
Functional Classific:ationa IS al"C9U!t ofthc changed roadway function and the widening of these roadwa)'ll.
Fit:Sl. the County's adopted access management plan, as amended by Resolution 01-247, both CoDler
Boulevard (from Golden O!!e Parkway to lmmokalee Road) and V IIldcrbilt Beach Road (from 1-7S k.
Collier Boulevard) are both functionally classified (currently) as Clas& 4 arterial roadwzys (and will tN,
classified as Clas. 3 iJrtcriall afu:r the 6-lane widening of each is completed).
In any case. as 1 understand it, the Collier County Comprehenllive Plan requires thal. Business Part
District have "direct accesa 'D a road classified as an arterial in the Tnme Circulation Sub-ElemeJat." As
we had pr~vioLlSly indicated to you, Ills the intent of the Transportation Planning Department to amenj the
Plan to revise the nomenclature utilUod (in bolh the County's Access Management PIan. as amended II)'
Resolution iO 1-247, and in It, e Comprehensive Plan) to refer to roadway CW&eI rathCll' than the more generic
tenns of "arterial and eollec1:or" and the like. A.J you are aware. the Plan amondmems have not occlut-xI co '
date. Nevertheless, Tl'anspoltation Planning does still intend to amend the Tnffic Circulation Sub-Element
and the CoWer County Functional Classitlcation Map (TR-3) to reflect 1M actual functional clD9Sifica.tion
ofth~$C and other roadways. FOOT. with the assiSUlnce ofthc County Is re-doing the functional
classificatioll$ of all ofthc TttAdways to be comistent with current conditions. Both Vandatrllt and Cll9"
will be cla5sified as arterials, at that time, coosLstent with their funotion. It Is expected that these
amendmentl will occur iD th: next (2004) OMP amendment cycle, as part of the County's Evaluation IlDd
Appraisal Repon (EAR) pro;css.
1 trUSt that this is responsive to )'OQt'~. Please let me Icnow if you have 8DY otbcIr qucstlcu
resardiDg tbi. mllttcr.
~~I'
Id s~u, Alep j ~
r, Tnwportation PJarnmi
David Weeks. AleE', ColliM County Long Range PllUUling
Bob Mulhere, Alep, RWA Inc;.
Kav Deselcm
Mr: Carl Naael
The Vintage Group, LLC
711 Fifth Avenue South, Suite 209
Naplc::s, FL l4102
2ND RE-SUBMITTAL
PUDZ-2002-AR-3411
PROJECT # 2002060060
DATE: 8/1312003
KAY DESJ(~a Item No. 80
June 22, 2004
Page 80 of 116
ORDINANCE NO. 04-_
-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNry, FLORIDA,
AMENDil'<G ORDINANCE NUMBER 91-102, AS A.\tIENDED,
THE COLLlliR COUNTY LAND DEYELOP~ENT CODE
WHICH INCLUDES THE COMPREI-lEJ'ISIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA; AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS TO
CHANGE TIIE ZONING CLASSIFTCA TlON OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "A" AGRICULTUR..A:L
TO "CPUD" COMMERCIAL PLANNED UNIT
DEVELOPMENT FOR A PROJECT TO BE KNOWN AS
NAGEL-CRAIG BUSINESS PARK PUD LOCATED ON THE
WEST SIDE OF COLLIER BOULEY ARD (C.R, 951),
APPROXIMATELY 1/4 MILE NORTH OF YANDERBll..T
BEACH ROAD (C.R. 862), IN SECTION 34, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 37.5:t ACRES; .~'m PROvlDL'IG Ac"'l
EFFECTIVE DATE.
WHEREAS, Robert ~ulhere, of RW A, Inc., representing the applicants, Carl M. Nagel,
managing partner of CDN Properties LLC and Thomas Craig, Craig Construction and
Restoration, Inc., in petition number PUDZ-2002-AR-3411. petitioned the Board of County
Commissioners to change the zoning classification of the herein described real property.
NOW, THEREFORE BE IT ORDAINED hy the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE:
The zoning classification of the subject 37.5:t: acres as described in the PUD document
located in Section 34, Township 48 South, Range 26 East, Cnllier County, Florida, is changed
from "A" Agricultural to "CPUD," Commercial Planned Unit Development in accordance with,
and legally describing the Nagel-Craig Business Park Pl'D Document, atta<.:hcd hereto as Exhibit
"A" and incorporated by reference herein. The Zoning ALIas map or maps, as described in
Ordinance Number 91-102 as amended, the Collier County Land Development Code, is hereby
amended accordingly.
SECTION TWO:
TIlis Ordinance shall not become effective until it is tiled wilh the Secretary of State, and
until the Collier County Functional Class Map in the Transportation Element of the Collier
County Growth Management Plan (Map TR-3) identifies Collier Boulevard (CR 951) as an
.-
arterial roadway and then becomes erfective, except that if the change required above Lo identify
Collier Boulevard as an arterial roadway has not been adopted and become effective within one
year from the date that the Board of County Commissioners adopts this Ordinance, then this
Ordinance will not become effective and any implied PUD approval is deemedA~elilflla-dtem No. 80
Th ft h . ld b . d b b' d d ' d . l' ~.~lJ.e 22, 2004
erea er, t e project wou e reqUIre to e resu mltte an reVlewe In comp lance p~~e81 of '116
Page 1 of 2
entire public hearing process that would be required for a new PUD rezoning under LDC
requirements in effect at that time.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
,2004.
ATI'EST:
DWlGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIOI\r:RS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
DONNA FIALA, CHAIRMAN
Approved as to Form
and Legal Surriciency:
Patrick G. White
Assistant County Attorney
Attachment: Exhibit "A"-PUD document
Page 2 012
Agenda Item No. 80
June 22, 2004
Page 82 of 116
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~~~~~~02-0114.0 ~~~~ER: 1 ~a9f3 ~~tEl1fG114X01
NAGEL-CRAIG BUSINESS PARK PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
CARL M. NAGEL
CDNPROPERT~,LLC
711 FIFTH AVENUE SOUTH, SUITE 209
NAPLES, FLORIDA 34102
and
THOMAS R. CRAIG
CRAIG CONSTRUCTION & REHABILITATION, INC.
2770 S. HORSESHOE DRIVE, SUITE 4
NAPLES, FLORIDA 34104
PREPARED BY:
ROBERT J.MULHERE,AICP
RW A, INC.
3050 N. HORSESHOE DRIVE, SUITE 270
NAPLES, FLORIDA 34104
&
R. BRUCE ANDERSON
ROETZEL & ANDRESS
850 PARK SHORE DRIVE
TRIANON CENTRE-THIRD FLOOR
NAPLES, FL 34103
DATE FILED November 14. 2002
DATE REVISED May 17, 2004
DATE REVIEWED BY CCPC January 15.2004
DA TE APPROVED BY BCC
ORDINANCE NUMBER
EXHIBIT "A"
REVISED 5-19-04
Agenda Item No. 80
June 22, 2004
Page 90 of 116
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TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II DEVELOPMENT ST ANDARD REGULATIONS
SECTION III BUSINESS PARK AREAS PLAN
SECTION N DEVELOPMENT COMMITMENTS
REVISED 5-19.04
ii
PAGE
11
111
1
3
5
8
15
Agenda Item No. 80
June 22, 2004
Page 91 of 116
LIST OF EXHffiITS
EXHIBIT "A" pun MASTER PLAN WITH CONCEPTUAL WATER MANAGEMENf
PLAN
EXHIBIT "A 1" TYPICAL LANDSCAPE BUFFER PLAN
EXHIBIT "B" BOUNDARY SURVEY
EXHIBIT "c" VICINITY MAP
EXHIBIT "D" PUBLIC FACILITIES MAP
REVISED 5-19-04 iii
Agenda Item No. 80
June 22, 2004
Page 92 of 116
"...-....
STATEMENT OF COMPLIANCE
The development of approximately 37.5:t acres of property in Collier County as a Planned Unit
Development to be known as the Nagel-Craig Business Park PUD will be in compliance with the
planning goals and objectives of Collier County as set forth in the Collier County Growth
Management Plan, as amended. The business park facilities of the Nagel-Craig Business Park
PUD will be consistent with the growth policies, land development regulations, and arplicable
comprehensive planning objectives for the following reasons:
1. The subject property is within the Urban-Mixed Use District land use designation as
identified on the Future Land Use Map and as described in the Business Park Sub-District
of the Urban - Mixed Use District in the Future Land Use Element, as amended. The
Future Land Use Element permits business park uses in this area. In addition to the
locational criterion, the Business Park Sub-district also contains the following criteria:
a. Business parks shall be a minimum of 35 contiguous acres. The term contiguous
shall include properties separated by either ~m intervening planned or developed
public street right-of-way; provided, however, no portion of such separated
properties shall be less than five acres. In aggregate, the maximum allowable
acreage of all Business parks, exclusive of open space and conservation areas is
500 acres. This PUD contains +/- 37.5 contiguous acres. The approval of this
PUD will not result in an aggregate number of acres of business park zoning
exceed 500 acres (exclusive of open space and conservation areas).
b. Business parks shall be permitted to develop with a maximum of 30 percent of the
total acreage for non-industrial uses. Non-industrial uses include: retail uses
which serve the employees of business within the park or are related to the
products, goods and services manufactured, distributed, produced or provided by
businesses in the park; certain offices; financial institutions; retail services;
institutional and cultural facilities; medical facilities; hotels/motels at a density of
26 units pre acre; and recreational facilities. This PUD specifically identifies such
uses and provides for limitations on the amount of these non-industrial uses
consistent with the Collier County LDC Business Park zoning district, Section
2.2.16 Yz.
c. Business parks within the Urban Mixed-Use district of the Future Land Use
Element shall have direct access to a road classified as an arterial street on the
Five Year Future Traffic Circulation Map contained in the Transportation
Element, and shall have an internal circulation system that prohibits traffic from
having direct access to the arterial roadway and from traveling through
predominantly residential areas. Access shall be in accordance with the Collier
County Management Policy or plan and consistent with Objective 7 and Policy
7.1 of the Transportation Element. Collier Boulevard is not classified as an
arterial on the County's Five Year Future Traffic Circulation Map contained in
the Transportation Element. Collier Boulevard is, however, classified as a Class 4
arterial roadway, under the County's adopted access management plan, as
amended by Resolution 01-247. After the planned 6-I~erf~fiID4; ~lijn
REVISED 5-19-04 1 June 22, 2004
Page 93 of 116
Boulevard will be classified as a Class 3 arterial. Collier County Transportation
Planning has indicated that the classification of this roadway on the County's Five
Year Future Traffic Circulation Map contained in the Transportation Element,
will be amended in the near future. No development applications will be accepted
or approved until an amendment to the Collier County Functional Class Map in
the Transportation Element of the Collier County Growth Management Plan (Map
lR-3) identifies Collier Boulevard (CR 951) as an arterial roadway and then
becomes effective.
d. Business parks shall have central water and sewer, and shall not generate light,
noise or odors so as to be incompatible with surrounding land uses. The subject
site shall be served by Collier County utilities for potable water and wastewater.
This POO contains specific development standards and will adhere to applicable
provisions of the Collier County LDC to ensure that the project will not generate
light, noise or odors so as to be incompatible with surrounding land uses.
Business parks shall adopt standards for the development of individual building
parcels and general standards for buffering, landscaping, open space, signage,
lighting, screening of outdoor storage, parking and access management.
2. The subject property's location in relation to existing or proposed community facilities
and services permits the development's business park intensity as described in Objective
2 of the Future Land Use Element.
3. The project development is compatible and complimentary to surrounding land uses as
required in Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to comply with applicable sections of the Collier County Land
Development Code as set forth in Objective 3, Policy 3.1 of the Future Land Use
Element.
5. The project development is planned to protect the functioning of natural drainage features
and natural groundwater aquifer recharge areas as described in Objective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
6. All final local development orders for this project are subject to Division 3.15, Adequate
Public Facilities, as amended, of the Collier County Land Development Code, as
amended.
REVISED 5-19-04
2
Agenda Item No. 80
June 22, 2004
Page 94 of 116
p.............
SECTION I
PROPERTY OWNERSIDP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of Nagel-Craig Business Park PUD.
1.2 LEGAL DESCRIPTION
The subject property being 37.5:t acres, is comprised of 3 adjoining parcels that are
located in Section 34, Township 48 South, Range 26 East, and is fully described as:
The North half of the Northeast quarter of the Southeast quarter of Section 34,
Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet
previously deeded for State Highway right-of-way (Parcell).
The North half of the South half of the Northeast quarter of the Southeast quarter
of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less
the east 100 feet previously deeded for State Highway right-of-way (Parcel 2).
The South half of the South half of the Northeast quarter of the Southeast quarter
of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less
the east 100 feet (Parcel 3).
1.3 PROPERTY OWNERSHIP
Parcels 1 and 2 are owned by:
CDN Properties, LLC, 711 Fifth Avenue South, Suite 209, Naples, Florida 34103.
Parcel 3 is owned by:
Richard D. and Frances A. Craig, P.O. Box. 849, t ,dwards, Colorado 81632.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the west side of Collier Boulevard,
approximately IA mile north of Vanderbilt Beach Road, (unincorporated) Collier
County, Florida.
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B. The zoning classification of the subject property prior to the date of the approved
PUD was "A," Rural Agricultural.
C. The co-applicants have demonstrated unified control of the subject property with
the submission of an affidavit of unified ownership. Agenda Item No. 80
REVISED 5-19-04 3 June 22, 2004
Page 95 of 116
1.5 PHYSICAL DESCRIPTION
The Project site is primarily located within the Harvey Drainage Basin, according to the
Collier County Drainage Atlas. The proposed outfall for the Project is to the south
through the Mission Hills PUD water management system. The discharge point from the
Mission Hills PUD is the existing swale, located along the northern side of Vanderbilt
Beach Road.
Natural ground elevation typically varies from 12.9 to 13.5 NGVD; average site elevation
is 13.2 NGVD. The entire site is located within FEMA Flood Zone "X" with no base
flood elevation specified.
The water management system of the Project will include the construction of a perimeter
berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water
quality pretreatment will be accomplished by an on-site lake system prior to discharge
into the Mission Hills PUD stormwater management system.
The water management system will be permitted by the South Florida Water
Management District (SFWNID) through the Environmental Resource Permit process.
All rules and regulations of SFWMD will be imposed upon this Project including, but not
limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD
Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water
quality pre-treatment, and wetland hydrology maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within the limits
of the property is #2 - Holopaw Fine Sand, Limestone Substratum.
Site vegetation consists predominantly of pine tlatwoods and woodlands with a mix of
different vegetation types.
1.6 PROJECT DESCRIPTION
The Nagel-Craig Business Park PUD is a project comprised of 37.5:t acres designated for
business park uses. Business park uses and signage are designed to be harmonious with
one another and will be compatible with adjacent and nearby land uses. In addition to
compliance with all applicable provisions of the LDC, except where deviations have been
authorized, this compatibility and harmony will be achieved by using cornmon building
architectural elements and common entryway signage and landscape design themes. In
addition, required native vegetation preserves have been located so as to maximize
buffers from adjacent residential uses. Finally, the project has been designed to provide
for adequate land to accommodate the planned 6-laning of Collier Boulevard (adjacent to
the project), and for safe and efficient ingress to and egress from the project.
REVISED 5-19-04
4
Agenda Item No. 80
June 22, 2004
Page 96 of 116
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Nagel-Craig Business Park Planned Unit
Development Ordinance".
-.
REVISED 5-19.04
5
Agenda Item No. 80
June 22,2004
Page 97 of 116
SECTION II
DEVELOPMENT STANDARD REGULATIONS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Nagel-Craig Business Park PUD shall be in
accordance with the contents of this document, PUD - Planned Unit Development
District and other applicable sections and parts of the Collier County Land
Development Code, as amended, and Growth Management Plan, as amended, in
effect at the time of issuance of any development order to which said regulations
relate which authorizes the construction of improvements, such as but not limited
to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and
Preliminary Work Authorization. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district in the
Land Development Code, as amended, shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed and graphic material presented depicting restrictions for
the development of the Nagel-Craig Business Park PUD shall become part of
these regulations, which govern the manner in which the PUD site may be
developed.
D. All applicable regulations, unless specifically waived through a variance or set
forth in a schedule of deviations, or other separate provision in this PUD
Document, shall remain in full force and effect.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earliest, or next, to
occur of either Final Site Development Plan approval, Final Plat approval, or
building permit issuance applicable to this development.
REVISED 5.19-04
6
Agenda Item No. 8D
June 22, 2004
Page 98 of 116
2.3 DESCRWTTON OF PROJECT PLAN AND PROPOSED LAND USES.
Table A: Land Use Matrix
Land Use Acreage
Water Management Lakes (L) +/- 2.5 acres
Future ROW Reservation/Dedication (ROW) +/- 4.0 acres
Existing Native Vegetation Preserve Areas (PN) +/- 2.5 acres
Native Vegetation Mitigation Areas (PM) +/- 2.0 acresl
Total Native Vegetation (PN + PlVn +/- 4.5 acres
Business Park Development Tract(s) (B) +/- 27.5 acres
Total Project Size 37.5 acres
Total Project Size Less ROW Dedication +/- 33.5 acres
Approximately 1.0 acre of the required 2.0 acres of Native Vegetation Replanting/Mitigation area (PM)
are depicted on the Master Plan. The balance will be provided within the Business Park Tract(s) (B).
All such replanted native vegetation mitigation areas shall be in compliance with LDC section 3.9.5.5.
2.4 DENSITY OR INTENSITY OF LAND USES
Business park uses are limited to 27.5:t acres. The PUD further limits intensity to a
maximum of 417,000 square feet of permitted Business Park uses as set forth in Section
3.3 of this PUD. Table B below provides a further description and breakdown of
development intensity limitations:
,,-
Table B: Business Park Development Intensity Limitations
Use Type Square Footage Percent of +/- Percent of Overall
Limitation 27.5 acre "B" Project (37.5 Acres Less
Business Park 4.0 Acres for CoUier
Areas3 Blvd. ROW Reservation)
4
Total Primary Uses (B) 417.000 34,8% 28.6%
and Secondary Uses I 125,100 maximum. ~ 10.4% 08.6%
1 Secondary Uses are identified in Section 3.3 (B) of this PUD document.
2 The 125,100 square feet 30% figure is based upon the total square feet figure of 417,000. The acroal
allowable square footage for Secondary Uses is limited to a maximum of 30% of the total square
footage of Primary Uses. Thus, ifless than 417,000 square feet is huilt, then less than 125.100 square
feet of Secondary uses are allowed.
3 Percent of total square footage of 27.5 acre Business Pnrk Area.
4 Percenl of lotal square footage of 37.5acre PUD (le:;s 4.0 acres of ROW Reservation.
2.5 RELATED PROJECT PLAN APPROVAL REQUIRE.MENTS
A. The general configuration of the land uses are illustrated graphically on Exhibit
"A", PUD Master Plan, which constitules the required PUD Development Plan.
Any division of the property and the development of the land shall be in
compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land
Development Code, and the platting laws of the State of Florida.
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REVISED 5-19-04
7
Agenda Item No. 8D
June 22, 2004
Page 99 of 11 Ei
B. The provisions of Division 3.3, Site Development Plans of the Land Development
Code, when applicable, shall apply to the development of all platted tracts, or
parcels of land as provided in said Division 3.3 prior to the issuance of a building
permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the methodology
for providing perpetual maintenance of common facilities.
2.6 SALESfRENTAL FACILITIES
Temporary sales/rental trailers and construction trailers can be placed on the site after
Site Development Plan approval and prior to the recording of Subdivision Plats, subject
to the other requirements of Section 2.6.33 of the LDC, as amended.
2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided for in the Collier County LDC,
Section 2.7.3.5, as amended.
2.8 ASSOCIATION OF PROPERTY O\VNERS FOR COMMON AREA MAINTENANCE
Should tracts or parcels be created with ownership and maintenance responsibility
common to all owners of property within this PUD, appropriate legal instruments shall be
provided for the establishment of a Property Owners Association. The functions of the
Property Owners Association shall include provisions for the perpetual care and
maintenance of all common areas and facilities, including opens space and native
preservation areas, subject to the provisions of the LDC Section 2.2.20.3.S.
2.9 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation and stockpiling of earthen material in preparation of water management
facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is
also hereby permitted subject to the following conditions.
A. Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to 10% of the total volume excavated
but not to exceed 20,000 cubic yards.
B. All other provisions of Division 3.5 Excavation of the Land Development Code
shall apply.
REVISED 5-19-04
8
Agenda Item No. 8D
June 22, 2004
Page 100 of 116
SECTION ill
BUSINESS PARK AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the Business
Park Areas as shown on Exhibit "A", PUD Master Plan.
3.2 GENERAL DESCRIPTION
Areas designated as "B" Business Park on the PUD Master Plan are intended to provide a
variety of business park, financial, health, cultural facilities, restaurants, child care
centers, retail, transient lodging, and office uses. Business Park Areas are limited to a
maximum of 27St acres. The project is intended to be platted in several phases, and
developed though a series of subsequent Site Development Plans for specific platted
parcels. The entire Business Park is limited to a maximum of 417,000 square feet of
gross floor area, thirty percent of which may be developed with Secondary Uses, as
identified in Section 3.3 (B) of this PUD document.
3.3 PERMITTED USES
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No building, structure or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following. No subsequent development orders will be
approved until an amendment to the Transportation Element has been adopted and
become effective that changes the classification of Collier Boulevard (C.R. 951) to an
arterial road. All uses shall be compatible with neighboring residential uses and shall not
emit odors or noises detectib1e beyond the lot on which the use is located. There shall not
be any outdoor storage.
A. Permitted Primary Uses and Structures:
One hundred (100) percent of the total Business Park development tracts acreage
and building square feet is allowed to be develc\ped with the following uses, but a
minimum of 70% (19.25 acres/291,900 sqlJ:l1'c feet)l of the project must be
dedicated to primary uses.
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1 The 70% minimum applies to the total built floor area -- if less than 417,OUO ~4uare feet in total is built, then 70%
of that will be less than 291,900 square feet. Agenda Item No. 80
REVISED 5-19-04 9 June 22, 2004
Page 101 of 116
PRL'\tARY USES DEVELOPMENT TRACTS'"
USE # SIC CODE NUl\'ffiER TRACTS: TRACTS:
B-3 & B-4 B-1 & B-2
l. Bui lding construction - general contractors (groups 1521 through p P
1542).
2. Business services (group 7311). p P
Communications (groups 4812 through 4899, including p- except
3. communication towers, limited in heighl to 100 feet and subject to P
LDC Section 2.6.35.6.2.1, as amended). towers.
Construction - special trade contractors (groups 1711 - 1731, 1742
except for drywall construction and lathing contractors, 1743 but no
on-site cutting of marble, 1751 - 1752, 1761 except for roof spraying,
painting and coating contractors, and roofing work and repair
contractors, 1793, 1796, 1799 but only awning and window shade
ins taIlation contractors. caulking contractors, cleaning buildings
4. contractors, counter top installation contractors, fence construction P P
contractors, fireproofing buildings contractors, ornamental metalwork
contractors, landscaping installers and landscaping maintenance
contractors, paint and wallpaper stripping and removal contractors,
posthole digging contractors, steam cleaning of building exteriors
contractors, tile wall and floor installation contractors, tinting glass
contractors, and waterproofing contractors).
5. Depository and non-depository institutions (groups 6011,6019,6081, P P
6082).
6. Dmgs and medicines (groups 2833 - 2836). P P
7. Eating places (group 5812 except fast food restaurants, walk-up p p
windows, and drive-through restauranl~ are prohibited).
8. Educational services (groups 8221 - 8244, 8249 except for truck p p
driving schools, 8299).
9. Electronics manufacturing (groups 3671 - 3699). P P
10. Engineering, accounting. research, management and related services p p
(groups, 8711- 8748, 0781 and 0782).
11. Furniture and fixtures manufacturing (groups 2511 - 2599). NP P
12. Government officeslbuildings (groups 9111 - 9222, 9224 - 9229, P P
9311,9411 - 9451,9511- 9532, 9611 - 9661).
13. Health services (~OUDS 8011- 8049). P P
14. Computer equipment (groups 3571 - 3579). P P
15. Leather and leather DfoduclS (lITOUPS 3131 . 3199). NP P
* P = PermittedINP= Not Permitted.
REVISED 5-19-04
10
Agenda Item No. 80
June 22, 2004
Page 102 of 116
USE #
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
PR~IARYPE~llTTEDUSESANDSTRUCTURES
SIC CODE NUMBER
Measuring, analyzing, and controlling instruments; photographic,
medical and optical goods; watches and clocks manufacturing (groups
3812 - 3873).
Medical laboratories, research and rehabilitative centers (groups
8071,8072,8092 - 8093).
MisceJlaneous manufacturing industries (groups 3911 - 3993,3999).
Motion icture roduction (grou s 7812 - 7819).
Printing, publishing and allied industries (groups 2711 - 2796).
Professional offices: insurance agencies (group 6411); insurance
carricrs (groups 6311 - 6399); real cstatc (groups 6531 - 6553);
holding and other investment offices (groups 6712 - 6799); attorneys
(0 8111.
Security/commodity hrokers (group 6211).
United States Postal Service ( ou 4311).
Warehousing (group 4225 but only indoor self-stomge) within Tract
B(1) only, subject to the following criteria:
The use of metal roll-up garage doors located on the exterior of
a. the perimeter buildings and walls of buildings, which are visible
from a public right-of-way, are prohibited;
Access to indIvidual units, whether direct or indirect, must be
b. from the side of a building that is oriented internally;
c.
d.
e.
f. This use is limited to a maximum of five acres.
Wholesale trade durable goods (groups 5021, 5031, 5043 - 5049,
5063 -5078,5091,5092,5094 - 5099).
Wholesale trade non-durable goods (groups 5111 - 5159, 5181, 5182,
5191 except that wholesale distribution of chemicals, fertilizers,
insecticides, and pesticides shall be a minimmn of SOO feet from a
residential zoning district. 5192 - 5199).
* P = PerrnittedINP = Not Permitted
REVISED 5-19-04
11
DEVELOPMENT TRACTS*
TRACTS:
H-3 & H-4
TRACTS:
H-l & H-2
P
p
P
p
P, SIC nmnbers
3961,3956,
3991,3993
onl.
P
NP
P
p
p
P
P
P
P
NP
p
p
p
p
p
Agenda Item No. 80
June 22, 2004
Page 103 of 116
B. Penllltted Secondary Uses and Structures:
Development is limited to a maximum of thilty (30) percent of the total Business
Park development tracts acreage and building square feet for the following uses.2
SECONDARY PERMITTED USES AND STRUCTURES DEVELOPMENT TRACTS*
USE # SIC CODE NUMBER TRACTS: TRACTS:
B-3 & B-4 B-1 & B-2
1. Business Services (groups 7312, 7313, 7319, 7334 - 7336, 7342 . p P
7352,7361 - 7384,7389).
2. Child day care services (!!fOUP 8351) P P
3. Depository and non-depository institutions (groups 6021 - 6062, P P
6091,6099,6111 - 6163).
Drug stores (group 5912 but only drug stores and pharmacies in
4. conjunction with heal th servIces groups and/or medical P p
labordtories/researchlrehabi Ii tali ve groups).
5. Membership organizations (groups 8611 - 8631). P P
6. Personal services (groups 7215 - 7241). P P
7. Physical fitness facilities (group 7991). P P
8. Travel agencies (group 4724). P P
* P = PermittedlNP = Not Permitted
C. Accessory Uses to Permitted Primary and Secondary Uses:
1. Uses and strm;tures that are accessory and incidental to the Permitted Uses
within this PUD Document.
2. Caretaker's residence, subject to section 2.6.16 of the Land Development
Code.
3. Retail sales and/or display areas as accessory to the principal use, not to
exceed an area greater than 20 percent of the gross floor area of the
permitted principal use and subject to retail standards for landscaping,
parking and open space.
4. Outdoor storage and display of merchandise shall not be permitted.
3.4 DEVELOPMENT STANDARDS
2 Assuming maximum development of the allowable acres/square feet of Permitted Primary Uses (1925
acresl291 ,900 square feet), the maximum acres/square feet ofPennitted Secondary Uses is (8.25 acresl125100
square feet.) If less than 417,000 square feet in total is built, then 30% of that will be less ~~aCWefW'ffd~D
REVISED 5-19.04 12 June 22,2004
Page 104 of 116
A. Minimum Lot Area:
Twenty thousand (20,000) square feet.
B. Minimum Lot Width:
One hundred (100) feet.
C. Minimum Yards:
(1) Principal and accessory structures:
(a) From Collier Boulevard - 75 feet, inclusive of the required 25-foot
landscape buffer adjacent to Collier Boulevard.
(b) Front Yards - Fifty (50) feet.
(b) Rear Yards - Twenty-five (25) feet.
(c) Side Yards - Ten (10) feet.
(d) Preserves (Principal) - Twenty-five (25) feet
(e) Preserves (Accessory) - Ten (0) feet
D. Distance Between Principal Structures OIl the Same Parcel:
A minimum of 15 feet or one-half the sum of the building heights measured by
the closest exterior building walls, whichever is greater.
E. Minimum AoOf Area: One thousand (1000) square feet.
F. Maximum Height (Zoning Height):
(1) Tracts B 1 & B2: Three stories, nut to exceed thirty-five (35) feet, except
within 100 feet of a residential zoning district, where the height is limited
to thirty-five (35) feet not to exceed one story~ or
(2) Tracts B3 & B4: Two stories not to ex.ceed 30 feet.
G. Maximum Buildinl!: Coverage:
Maximum building coverage shall not exceed forty-five (45) percent of the lot
area.
H. Minimum Open Space:
A minimum of thirty (30) percent of each lot shall be devoted to open space.
Open space shall be that unoccupied space which is not used for buildings,
parking, driveways, or structures and is open to the sky. On improved lots, open
space is the area between and around structures including recreation areas.
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REVISED 5-19-04
13
Agenda Item No. 8D
June 22,2004
Page 105 of '116
1. Landscaping:
(1) Except where provided elsewhere in this document, all landscaping shall
be in accordance with the LDC, as amended and in effect at the time of
SDP or Plat/Construction Plan Approval, as applicable.
(2) Along the western perimeter of this PUD, the retained native vegetation
areas and areas identified for mitigation in the form of replanting of native
vegetation as required by LDC Section 3.9.5.5.6, are a minimum of 50 feet
in width and on average more than 100 feet in width. These native
vegetation areas provide substantial screening from the adjacent proposed
residential lands. Therefore, the requirement for a six-foot tall opaque
architecturally finished masonry wall, or berm, or combination thereof, per
LDC Section 2.2.16Y2.2.4.7 shall not be required within the PUD's
western perimeter buffer.
(3) Along Collier Boulevard, the required 25-foot landscape buffer shall be
planted in accordance with the applicable provisions of Division 2.4 of the
LDC and Section 2.2.16 112.2.4(7), except that all required canopy trees
shall be a minimum of 12 feet in height at time of planting.
J. Off-Street Parking and Loading Requirements:
As required by Division 2.3 of the Land Development Code in effect at the time
of Site Development Plan approval or building permit application, whichever is
first applicable.
K. Lightin1l:
Lighting shall be located so that no light is aimed directly toward a property
designated residential, where such lighting is located within two hundred (200)
feet of any residential property.
L. ~
Signs shall be permitted as described in Section 2.5 of the Collier County Land
Development Code except pole signs shall not be allowed.
M. Storage:
No outdoor storage or display of merchandise or equipment of any kind shall be
permitted. The parking or storage of commercial vehicles may be permitted on
improved property, however, such overnight commercial vehicle parking or
vehicle storage shall occur in rear yards and shall be screened from view by a 6-
foot high opaque fence, wall, berm, or landscaping, or any combination thereof, if
visible from Collier Boulevard, Wolfe Road, or the Loop Road. Overnight vehicle
storage is limited to 2-axle vehicles within Tracts B-3 and B-4 and 3-axles
vehicles in Tracts B-1 and B-2. Other than vehicle storage, subject to the
limitations described herein, outdoor storage is prohibited within the Business
Park. Chain link fences are prohibited.
REVISED 5-19-04
14
Agenda Item No. 80
June 22, 2004
Page 106 of 116
-
N. Sidewalks:
As required in division 3.2 or other applicable sections of the LDC.
O. Architectural and Site Design Standards:
All buildings and projects shall be subject to the provisions of division 2.8.
P. Deviations:
(1) Deviation from LDC Section 2,2.16 V:z.2.4 (7) to allow for a five-foot
reduction in the required northern, and southern perimeter buffers from 25
feet to 20 feet for the northern and southern perimeter landscape buffers.
The 20-foot-wide buffers shall be designed in accordance with the
provisions of LDC Section 2.2.16 Vz.2.4. 7, provided:
(a) A minimum of 80% of the required trees per Section 2.2.16
Y2.2.4.7 shall be located within the 20 foot perimeter buffers,
placed no more than 30 feet on center; and,
(b) One or more additionallandscape/greenspace areas totaling 11,000
square feet and not less than 3,000 square feet in any single
location shall be located internal to the Business Park or clustered
at Park entrances. This additionallandscape/greenspace area shall
include at a minimum the balance of the trees not required per
paragraph (a) above, but normally required within the 25-foot
Business park perimeter buffer by Section 2.2.16 Y2.2.4.7.
(2) Deviation from LDC Section 2.2.16Yz.2.4 (7) to waive the requirement for
a six-foot tall opaque architecturally finished masonry wall, or berm, or
combination thereof within the PUO's western perimeter buffer, subject to
the following conditions:
(a) All proposed Preservations and or Mitigation Planting Areas will
be subject to Collier County Staff Approval at time of SDP(s).
(b) No 24-hour businesses or restaurants are allowed within 100 feet
of any Preserve or Mitigation Area
(c) No Access RoadslR.O.WNelliculal Use Areas/Dumpsters allowed
adjacent (with 20 feet) of any Fresf:'rve or Mitigation Area.
(d) No building over 35 feet in zoning height within 100 feet of any
Preserve or Mitigation Area.
(3)
Deviation from LDC Section 2.2.16 Y,:.2.1 which identifies Permitted
Primary Uses and Structures, to allow for the following additional uses
which are not specifically identified in 2.2.16 Vz.2.1, but which are
Agenda Item No. 8D
15 June 22, 2004
Page 107 of 116
REVISED 5-19-04
REVISED 5-19-04
comparable in nature to many of the uses that are expressly permitted, are
desirable uses within the business park, or in the case of SIC Code 0782,
the use is currently existing on the property and it is desirable to retain the
existing use.
A. Permitted Primary:
1. Building construction - general contractors (groups 1521 -
1542).
2. Landscape Counseling and Planning (0781)
16
Agenda Item No. 8D
June 22, 2004
Page 108 of 116
,-
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth tl:e commitments for the development of this
project.
All facilities shall be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans and all applicable State and local laws, codes, and regulations
applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan
approval or building permit application as the case may be. No subsequent development
orders will be approved until an amendment to the Transportation Element has been
adopted and become effective that changes the classification of Collier Boulevard (C.R.
951) to an arterial road. Except where specifically noted or stated otherwise, the
standards and specifications of the Collier County Land Development Code shall apply to
this project even if the land within the PUD is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
document. Which 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 development its,
successors, and assigns, regardless of turnover or not to any property or homeowners'
association.
The developer, his successor or assignee, shall 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.
4.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or special land use
boundaries shall not be construed to be final and may be varied at any subsequent
approval phase such as Final Platting or Site Development Plan approval. Final
configuration of Preserve Areas shall he based on jurisdictional agency
determinations, and modification of said preserve boundaries shall be permitted
during final plat/site development plan review. Subject to the provisions of
Section 2.7.J.5 of the Collier County Land Development Code, amendments may
be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted. to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
REVISED 5-19-04
17
Agenda Item No. 8D
June 22, 2004
Page 109 of 116
4.4 SCHEDULE OF DEVELOPMENTfMONITORJNG REPORT
A Site Development Plan shall be submitted per County regulations in effect at time of
site plan submittal. The project is expected to be completed in several phases, although
no specific phasing schedule has been determined.
A. The landowners shall proceed and be governed according to the time limits
pursuant to Section 2.7.3.4 of the Land Development Code, as amended.
B. Monitoring Report: An annual PUD monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development Code, as
amended.
C. In addition to the requirements of Section 2.7.3.6, the annual PUD monitoring
report must identify the approved and the built square footage for primary,
secondary and accessory uses. The three categories must be enumerated in the
report separately.
D. With each SOP submittal, the cumulative SOP-approved and built square footage
for primary, secondary and accessory uses must be provided. The three categories
must be enumerated separately.
4.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at the time
final construction documents are submitted for development approval.
B. Design and construction of all improvements shall be subject to compliance with
appropriate provisions of the Collier County Land Development Code, Division
3.2. Subdivisions.
4.6 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD) Surface
Water Permit Application shall be sent to Collier County Development Services
with the SOP submittal.
B. A copy of the SFWMD surface water permit shall be submitted prior to Final Site
Development Plan approval. This project shall be designed in accordance with the
Harvey Basin criteria as regulated in Ordinance 2001-27 (also known as 90-10) as
amended. If applicable, at the time of final site development plan review, legal
poof that adjacent property owner will allow storm water discharge from the
proposed project into hislher property shall be provided.
C. An Excavation Permit will be required for' any proposed lake(s) in accordance
with Division 3.5 of the Collier County Land Development Code and SFWMD
rules. Agenda Item No. aD
REVISED 5-19.04 18 June 22 2004
,
Page 110 of 116
D. Lake setbacks from the perimeter of the PUD may be reduced to twenty-five (25)
feet where a six (6) foot high fence or suitable substantial barrier is erected.
4.7 UTILITIES
Water. Reclaimed Water and Wastewater Stipulations:
A Water and wastewater systems shall be constructed in accordance with State of
Florida Laws and Collier County's Codes and Ordinances.
B. All construction plans, technical specifications and hydraulic design reports are to
be reviewed and approved in writing by the Engineering Services Department of
the Community Development and Environmental Services Division prior to
commencement of construction.
C. Upon completion of construction, all water and wastewater systems within the
project shall be tested and must meet minimum County standards and
requirements. The system(s), or a portion thereof, that is found to meet the
requirements set forth in Item #5 below, may then be conveyed to the County for
ownership and maintenance.
D. If County's utility system does not have access readily available to serve a project
within the County's service area, extensions to the County infrastructure may be
required. All required extensions must be the sole responsibility of the
Developer, fiscally and otherwise (time and schedule), unless such extension has
been previously defined in the County Water and/or Wastewater Master Plan. In
such case, the developer may negotiate an upsizing agreement with the County. If
it is determined by the County that neither of these two options are feasible, an
interim system may be considered.
E. Items on the following list shall be conveyed to the County for ownership and
maintenance upon approval from the Board of County Commissioners if they are
located within a County right-of-way or County Utility Easement (CUE), are in
compliance with the latest revision of the Collier County Utilities Standards and
Procedures Ordinance, and are conne~led to the County Water, Wastewater or
Reclaimed Systems:
1. Potable water lines 6" or larger, including water meters and backf10w
devices that are not on fire lines
2. Gravity wastewater lines 8" or larger
3. Wastewater lift stations that are located within a CUE
4. Force mains 4" or larger
5. CUEs that are determined to be necessary to access and maintain utility
systems and structures
6. Non-potable irrigation water lines 6" or larger, including the water meter
and backflow devices.
REVISED 5-19-04
19
Agenda Item No. 80
June 22, 2004
Page 111 of 116
For potable and reclaimed water distribution systems that will not be conveyed to
the County, a master meter shall be required. Such systems shall be owned and
maintained by the applicant. his successor or assigns, from the customer side of
the master meter and backtlow device or the check valve at the property line or
County Utility Easement limit. School and park developments are included in the
list of types of developments whose internal systems the applicant or assigns shall
be responsible to own and maintain.
F. Private lift stations shall conform to the same specifications that apply to public
lift stations, unless a Deviation from the Ordinance has been granted in advance
and writing by the County Wastewater Director. The lift station Control Package
shall include an operable Telemetry Control System, as specified by County
Standards.
G. The Developer will pay all impact fees in accordance with the latest revision of
the Collier County Consolidated Impact Fee Ordinance, Section 74.3030.
H. This project will have only one master pump station.
I. Lift station easement areas shall be designed to 30 feet by 30 feet, or twice the
wetwell depth by twice the wetwell depth, whichever is larger.
Solid Waste Collection and Disposal Stipulations:
A. Pursuant to Ordinance No. 90-30, as amended, solid waste disposal shall be required
in the form of bulk containers service (garbage dumpsters and/or compactors) for all
commercial and industrial establishments, unless authorization for alternative means
of disposal is approved by the Public Utilities Division. Bulk container service shall
be required for all multi-family projects not receiving curbside pickup. Solid waste
disposal shall be required in the [onn of curbside pickup [or all units on the annual
Mandatory Trash Collection and Disposal Special Assessment Roll's. All individual
units within a deed-restricted area must have an enclosed location other than the
residential structure, such as a carport or garage for the storage of individual solid
waste containers, or as otherwise permitted in Section 2.6.15 of the Collier County
Land Development Code.
B. Pursuant to Ordinance No. 90-30, as amended, all provisions and facilities for
solid waste collection and disposal shall conform to all portions of Section 2.6.15
(Solid Waste Collection and Disposal) of the latest edition of the Collier County
Land Development Code.
4.8 TRANSPORTION
A. Within 60 days of the effective date of this PUD rezone, the developer must
provide a 50-foot right-of-way easement for public use along the easternmost 500
feet of the north PUD boundary and a 30-foot right-of-way easement for public
use along the balance of the PUD's northern boundary for ~6JH~1t)}'nVffJ&cgrj
REVISED 5-19-04 20 June 22, 2004
Page 112 of 116
improvements. The developer shall construct said ROW improvements within the
easternmost 500 feet of the proposed Wolfe Road, including required left and
right turn lanes, to County standards, prior to the issuance of a certificate of
occupancy. If within five years form the effective date of this PUD rezone, a
requirement to construct Wolfe Road from a point 500 feet west of the terminus
with Collier Boulevard and extending to the westerly Nagel-Craig PUD boundary,
has not been made a condition of zoning approval for one or more adjacent or
nearby developments, then it shall also be a condition of this approval to construct
that portion of Wolfe Road to County standards, specifically including two travels
lanes, provided that all necessary dedications and easements are granted to allow
construction and public uses on the on the 30 foot portion of the proposed Wolfe
Road north of and adjacent to the north PUD boundary.
B. Prior to the issuance of a Certificate of Occupancy for any building within the
PUD, The "Loop Road" depicted (in part) on the PUD Master Plan shall be fully
constructed to County standards, and shall have been inspected and approved by
Collier County.
C. Prior to the issuance of any development approvals, the developer must provide a
65-foot right-of-way reservation along the entire frontage adjacent to Collier
Boulevard (CR 951). This developer shall convey this reservation for Collier
Boulevard improvements within 90 days of request by Collier County, and shall
be eligible for fair market value payment or for impact fee credits, in compliance
with Collier County LDC Section 2.2.20.3.7.
D. All traffic control devices used must be in accordance with the traffic control
standards as adopted by the Florida Department of Transportation (FOOT), as
amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control
Law.
E. Arterial level street lighting must be provided at all development points of ingress
and egress. Said lighting must be in place prior to the issuance of the first
permanent certificate of occupancy.
F. Proposed points of ingress and/or egress and rf0,fosed median openings as shown
on the PUD Master Plan are conceptual in ~1~lll:1 e and subject to change. The
County reserves the right to modify or dose any iilgress and/or egress location (s)
determined to have an adverse affect on the health, safety and welfare of the
public. Any such modifications may be based OE, but are not limited to issues of,
safety, operational circulation, and roadway capacity.
G. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, and the projc.:t's internal roadway system are not
eligible for impact fee credits. All required roadway improvemenL'i must be in
place and available to the public prior to the issuance of the first certificate of
occupancy.
REVISED 5-19.04
21
Agenda Item No. 8D
June 22, 2004
Page 113 of 116
H. Noth1ng 1n the PUD document or the Master Plan or any development order wlll
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 will the lack thereof be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or assignee.
1. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments must be operated and maintained by an entity created by
the developer and Collier Country will have no responsibility for maintenance of
any such facilities.
J. If any required turn lane improvement requires the use of existing County right-
of-way or easement. compensating right-of-way must be provided without cost to
Collier County as a consequence of such improvement.
K. 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 must be
borne by the developer and all money must be paid to Collier County before the
issuance of the first certificate of occupancy.
L. Should adjacent development be approved prior to development approval for this
site that would provide shared access or interconnection with this development,
then this project must participate and cooperate to allow such shared access or
interconnections to occur. The PUD Master Plan must be revised to show these
locations as part of the development approvals for this project. Changes to the
Master Plan to accomplish said interconnection or shared access allowances
would not require an amendment of the PUD. The developer, or assigns, shall
assure that any such shared access or interconnection is utilized and must
accommodate the perpetual use of such access by incorporating appropriate
language into the development covenants or plat.
4.9 PLANNING
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of she
clearing, excavation or other construction activity a historic or archaeological artifact is
found, all development within the minimum area necessary to protect the discovery shall
be immediately stopped and the Collier County Code Enforcement Department
contacted.
4.10 ENVIRONMENTAL
A Environmental pemuttmg shall be in accordance with the State of Florida
Environmental Resource Permit Rules and Collier County wetland rules.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recor~gteR8a tfl~rRI~o~e
REVISED 5-19-04 22 June 22 2004
,
Page 114 of 116
protective covenants per or similar to Section 704.06 of the Florida Statutes.
Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier
County Land Development Code.
In the event the project does not require platting, all conservation areas shall be
recorded as conservation/preservation tracts or easements dedicated to an
approved entity or to Collier County with no responsibility for maintenance and
subject to the uses and limitations similar to or as per Section 704.06 of the
Florida Statutes.
C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet
landward from the edge of wetland preserves in all places and averaging twenty-
five (25) feet from the landward edge of wetlands. Where natural buffers are not
possible, structural buffers shall be provided in accordance with the State of
Florida Environmental Resources Permit Rules and be subject to review and
approval by the Environmental Services Department Staff.
D. 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 Services Department Staff for review and approval prior to
Final Site Development Plan/Construction Plan approval. Preserves shall be
maintained free from Category I invasive exotic plants, as defmed by the Florida
Exotic Pest Plant Council.
E. Any perimeter berms shall be entirely outside of all upland and wetland preserve
areas.
F. A minimum of thirty (30) percent open space of the gross site area, as describetl
in Section 2.6.32 of the Land Development Code, shall be provided.
G. This PUD shall be consistent with the Environmental section of the Collier
County Growth Management Plan Conservation and Coastal Management
Element and the Collier County Land Development Code at the time of final
development order approval.
H. A minimum of 4.5 acres of native vegetation shall be preserved/mitigated on site
to meet the preservation requirement. Approximately 2.5 acres of existing
vegetation will be preserved and approximately one acre recreated per the master
plan. The location of the remaining native vegetation necessary to meet the
required 4.5 ~cres shall be designated at the time of the first development order
submittal for this PUD.
4.11 LANDSCAPING
A. The perimeter landscape buffers on the north and south perimeters of the PUD
may be reduced to 20 fee in width, provided:
REVISED 5-19-04
23
Agenda Item No. 8D
June 22, 2004
Page 115 of 116
(1) A minimum of 80% of the required trees per Section 2.2.16 V2.2.4.7 shall
be located within the 20 foot perimeter buffers, placed no more than 30
feet on center; and,
(2) One or more additionallandscape/greenspace areas totaling 11,000 square
feet and not less than 3,000 square feet in any single location shall be
located internal to the Business Park or clustered at Park entrances. This
additional landscape/greenspace area shall include at a minimum the
balance of the trees not required per paragraph (a) above, but normally
required within the 25-foot Business park perimeter buffer by Section
2.2.16 Y2.2.4. 7.
B. The perimeter landscape buffer along the projects western boundary will consist
of existing retained native vegetation and replanted native vegetation (on site
mitigation, per Section 3.9.5.5). These preservation areas are a minimum of 50
feet in width and an average of 100 feet in width. As such, a six-foot tall opaque
architecturally finished masonry wall. or herm, or combination thereof shall not
be required along the western perimeter buffer, provided:
(1) All proposed Preservations and or Ivlitigation Planting Areas will be
subject to Collier County Staff Approval at time of SDP(s).
(2) No 24-hour businesses or restaurants allowed within 100 feet of any
Preserve or Mitigation Area.
(3) No Access Roads/R.O.WNehicular Use AreaslDumpsters allowed
adjacent (with 20 feet) of any Preserve or Mitigation Area.
(4) No building over 35 feet in zoning height allowed within 100 feet of any
Preserve or Miligalion Area.
C. Along Collier Boulevard, the required 25-foot landscape buffer shall be planted in
accordance with the applicable provisions of Division 2.4 of the LDC and Section
2.2.16 Y2.2.4(7), except that all required canopy trees shall be a minimum of 12
feet in height at time of planting.
D. All perimeter landscape buffers shall be installed at the earliest of the subdivision
plat or SDP approval for the specific phase or phases within which the perimeter
landscape buffer is located.
REVISED 5-19-04
24
Agenda Item No. 80
June 22,2004
Page 116 of 116
--
EXECUTIVE SUMMARY
Adoption of an Ordinance amending Ordinance No. 2003-61, codified as
Chapter 49 of the County's Code of Laws and Ordinances, incorporating
changes to the implementation of the Fee Payment Assistance Program
OBJECTIVE: Board of County Commissioners' adoption of the attached Ordinance to
amend Ordinance No. 2003-61, codified as Chapter 49 of the Collier County Code of
Laws and Ordinances pertaining to the Fcc Payment Assistance Program.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners
adopted Ordinance No. 2003-61, establishing a Fee Payment Assistance Program to
reduce the economic effects of increased impact fees. The Ordinance, as written,
included a formula to be utilized to calculate the dollar amount of the incentives that may
be awarded to an applicant The formula currently reads as follows in the adopt~d
Ordinance: "Companies will be eligible for a ma..~imtml payment amount not to exceed
the cost of the above described fees multiplied by the current millage rate then multiplied
by either 10 (projects located in areas outside the Enterprise Community) or 15 (projects
located within the Enterprise Community).
.-.
Application of the incentive calculation as written results in an extremely low incentive
award, for example, a project within the Enterprise Community with applicable impact
fees of $40,000 would be eligible for approximately $2,800 in incentive funding from
this program. Staff recommends substituting the applicant's capital investment
(excluding equipment and other personal property) for impact fees in the formula to cure
this incentive shortfall. The formula would then read: "capital investment, excluding
equipment and other personal property, multiplied by the current millage rate then
multiplied by either 10 (projects located in areas outside the Enterprise Community) or
15 (projects located within the Enterprise Community).
The following table displays the use of the current formula and the proposed formula,
including two approved applicants:
,-
Agenda Item No. BE
June 22, 2004
Page 1 of 15
Fee Payment Assistance Program
Page 2
,,............
Facility Capital Estimated Applicable Length of Original Proposed
Investment Impact Millage Program Calculation Calculation
Fees Rate (= award) (= award)
Sky truck $4.5 $120,000 0.0046841 15 Years $8,431 $120,000
LLC million ( actual
calculation
results in total
of $3l6K but
the award may
not exceed $
amt. ofIFs)
OLC $600,000 $42,000 0.0046841 15 Years $2,951 $42,000
Marine I (actual
I calculation
I results in a
total of
$42.129 but
the amt of
award may not
exceed $ amt.
, of IFs)
Proposed i $lmillion $90,000 0.0046841 15 Years $6,324 $70,262
Facility
"'X"
Proposed $100,000 SI0.000 0.0046841 15 Years $703 $7,026
Facility I
"Y" i i
Therefore, as detailed in the charl above, OLC Marine, with associated eslimaled impact
fees totaling $42,000 and an estimated capital investment of $600,000, is eligible for
$42,000 in incentive awards by applying the calculaticr: utilizing the capital investment
element rather than $2,951 in award incentives generated by the original formula using
impact fees. Sky truck LLC is eligible for $120,000 in incentive award funding using the
proposed formula versus $8,431 based on application of the 0riginal impact fee-related
calculation. As stated above, the dollar amount of the incentive award will never exceed
the dollar amount of the impact fees associated to the project.
The definition of "capital invesunent" originally included equi.pment costs; however the
intention of the program is to consider only buildings and land as elements of capital
investment because those components have a direct corrclation to property value, ad
valorem tax assessments and ultimately payment of property taxes which become
General Fund revenue. The attached Ordinance amends section 49-23 of the Fee
Payment Assistance Ordinance (No. 2003-61) and removes equipment costs as an
~-,
Agenda Item No. BE
June 22, 2004
Page 2 of 15
Fee Payment Assistance Program
Page 3
element of the capital investment infonnation that is currently required to be provided
through the application process by qualified applicants to the Fee Payment Assistance
Program.
This change provides for an economic nexus between the investment, the impact fee
assistance, and the funding or the amount of the incremental ad valorem dollars generated
by the applicant.
FISCAL IMPACT: This program utilizes a combination of budgeted General Fund
revenue and budgeted revenue associated with the Tax Increment Financing Funds (TIF)
for those projects located within the Community Redevelopment Area. The fiscal impact
related to this request is generated by the increase in incentive award dollars that may be
provided to qualified applicants due to the application of the revised calculation which
utilizes the capital investment of the proposed qualifying project, rather than the
estimated impact fees, as a key component of the formula. However, there is a direct
relationship bctwccn thc impact fccs applicable to a proposcd project, the relatcd capital
investment and the amount of ad valorem taxes and TIP that will be generated by the
project. Therefore, although the proposed amendment to Ordinance No. 2003-61
increases the dollar amount of the potential incentive awards, the payment of ad valorem
taxes and TIP (when applicable) will offset the additional cost to the General Fund.
The details of the funding for the Program were set forth by Ordinance 2003-61, as
amended, and are subject to the availability of funding for each subsequent year of the
program. The adopted budget for Fiscal Year 2004 dedicates $950,000 in funding to the
Fee Payment Assistance Program. The proposed budget for Fiscal Year 2005 dedicates
$950,000 as continued funding for the program. Additional funds are not being requested
associated with the approval of this Ordinance amendment.
GROWTH MANAGEMENT L\iPACT: This application is consistent with the
Economic Element of the Growth Management Plan, specifically Objective 1.3 that
states: "Collier County will support programs which are designed to promote and
encourage the recruitment of new industry as well as the expansion and retention of
existing industries in order to diversity the County's economic base."
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Ordinance, amending Ordinance No. 2003-61, codified as Chapter 49 of the County's
Code of Laws and Ordinances, incorporating changes to the implementation of the Fee
Payment Assistance Program, which will become effective after filing with the Florida
Department of State.
,-,
Agenda Item No. BE
June 22, 2004
Page 3 of 15
,-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8:::
Adoption of an Ordinance of thf: BOcHd ..-:f C~;~Jr:ty CO::1mi:)::i::'I1f:fS Gf C'.():Ht'r
County, FI,Jrida, amlmding Ordi:13r.CG N'.J. :'>(;03-61, ':,Jdlf;C"t1 as Chiiptm 49 c/
U"l~ COUfJt{~ Code ef Law~ ?fld Ord:nr.>nce:" :r.r;(jrp;:~r.:;th-I.] Ghar-ges to '\ha
:rr:p:ernentatkm of the Fee Payrr:e:'tt A:;:;:~tc:r:(;~ Pr:..~gf3m
617:ZIZG04 9:1;0[;'00 AM
Prepared By
Amv Patters:~!,
Community OIl,.e!opmlll1t 3.
Eflvjfonm~ntal S~rviU!'s
;:t'!,~;'H"t F!:!!! Mani:)Qe}t"
<>!1;;r;."ot. 3:(>'9-:~ol
PM
l"mmdai Adm;n. & Ho"';;"~
Approved By
Date
3;'(,{)f3 le3
Ccm::mnity D<:="~!O~~!H:1'Jt &
Ell'Yim~!'n~l'Itnl Sc.;p;i;;~s
Ex<<cutiv<< SecfeUil.Y
CO:lunun;ty D{!:v~l{Jpm~nt .&
f.nvir~.mrn~n:.a: Sol?rvk&$ Acl!Ylin,
<;;11 !?C<J4 11 ;26 AM
P,,:r,<.1<. G. Whit"
Gatt}
Approved By
County I<!;;r,a!;.:.ro; Offlr. ~
A""i$ront County Attom~y
':;.Junt'/ Attorney Off,ce
fii11llCl)4 12:!i:l PM
Approved By
n;rt"
(l"nt",... B:lkE!r
Corr-.....unit'j (l",vE!iopm",nt ,1-
ErwiromnC1ntal S~rvk~Si
Fin~nl';j3i A~:-ni~ & :-.cyl,.lsing Ofr~-~~v(
FjnC}nd~: A~~ljfL 8. Hou!:i!!l9
f.fi 1!20Q~ 4:44 PM
D:rte
Approved By
Constance A. Johnson
Ccrr.:n,.mity D<-Y':'!'Jpm<:m <I.
En\'j~~(lm~{It31 Set"';k:.ss
Oi>~r;;tlons Analyst
Comrnur!!'t,:' ne~<,~;<::pmQr:t &
Env~r(lnm{!n:.C): Se~y!~~s Ad(nifL
al1MlC04 i7.,;)~ PM
Approved By
JO!)~i>h K. Schmitt
Corr-.....unit'j [le,.",lopment ,1-
Envlfo:1l1>4,lnrol S"rv;u!$
CO!'1Hfu,sn:ty Oe'Ye~up.mfn.~t &.
:: r.....~r{!nmer:t~! S~rlikfJ~ Admin,:,tr;".ltor
D:rte
Gymmur:ity :)f;:.ve~f)p'ff.p.fot. &
~t:vir:.>nmt}n!:;,; SoC!,.....:c-es Admin.
(;!i4!2l)(M 1:Ml >'Pi!
P;;t Lehnhard
Date
Approved By
Cm:nty M~r::.':se:"$ Office
Adminl!Jtr.:;tl....J Assistant
(lft1;;" of M,.n"g"m'>fI~ & El.;ctg(!t
G!1V;'(iOt. 2:(>3 PM
Approved By
M",(/< l~ciu1on
County l<!anaQ'Jrs Offlr.~
8'l<:ly..t Analy"t
Date
Off,ce cf Management 8. 8udgllt
fii'l ~!lC<:I4 4:3u PM
Mlc!l;:;;';; Smy~o'W!)ki
Oat"
Approved By
CGl,mty Man"g":'" Off;.";,,
M:u~agerr:e~t /I, a"dg~t l)jfllctor
OffiCE! M ManagE!mE!nt & 8",:l~~t
al1StlC04 1:24 PM
Approved By
,-
Jam"" V. Ml.lJd
ElG"fct of CCl.lllty
Cnmm:sstcnen:s
County Mallag"r
O"t"
Co unt'/ Mana-ger's 0fflCi>
fiiH:;,';>:CQ4 il:35 AM
Agenda Item No. 8E
June 22, 2004
Page 4 of 15
ORDINANCE NO. 2004 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COUIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2003-61, AS AMENDED WHICH IS CHAPTER 49 OF THE
COUNTY'S CODE OF LAW AND ORDINANCES, BY AMENDING
SECTION 49-23 PERTAINING TO THE FEE PAYMENT
ASSISTANCE PROGRAM AND SECTION 49-24 PERTAINING TO
IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFUCT AND SEVERABILITY; PROVIDING
AN EFFECTIVE DATE
WHEREAS, on November 18, 2003, the Board of County Commissioners of
Collier County, Florida adopted Ordinance No. 2003-61 establishing a Fee
Payment Assistance Program to mitigate the economic effects of increased
impact fee rates; and
WHEREAS, Chapter 125.01(1)(t), Florida Statutes authorizes the Board to enact
ordinances necessary for the exercise of its powers; and
WHEREAS, the Implementation section in Code of Laws Section 49-24 created
by Ordinance No. 2003-61, pertaining to a Fee Payment Assistance Program
was intended to consider the total capital investment of the expansion or
relocation project as an element in the calculation of the incentive award; and
WHEREAS, enactment of the following amending ordinance will be in the public
interest and serve a valid public purpose by adding a necessary correction to the
calculation required for implementation and award of the incentive related to the
aforementioned program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COWER COUNTY, FLORIDA, that
SECTION ONE. Article II, Section 49-23 (a) (6) of the Collier County Code of
Laws and Ordinances is hereby amended to read as follows:
~tion 49-23
Fee Payment Assistance Program
. . .
6. The total capital investment of the expansion or relocation project,
including land and bu~ding. and eqblipmont costs; and
. . .
Page I of3
Underlined text is added; GWsk It:I~l.IgR text is deleted.
Agenda Item No. BE
June 22, 2004
Page 5 of 15
../
SEcnON TWO. Article II, Section 49-24 of the Collier County Code of Laws
and Ordinances is hereby amended to read as follows:
Section 49-24
Implementation
. . .
A. Under this Fee Payment Assistance Program the eligible business
will pay its tax bill in full to the Tax Collector's Office annually, on or before
the date it is due. The program obligation period will be no longer than ten
(10) years if the project is located outside the Rural Federal Enterprise
Community (hereinafter "Enterprise Community"), or no longer than fifteen
(15) years if the project is located within the Enterprise Community..
Companies located in a High Impact area, that is an area outside the
Enterprise Community and Eastern Collier County, must be pre-approved
for program participation by the Board of County Commissioners and, if so
approved. are obligated to this program for a maximum of ten (10) years.
Companies will be eligible for a mm<imwl1l payment amawnt net ta 9)faged
the 006' af tAe abeve de6sFibed fees myltiplied by the an incentive award
which will be calculated bv multiolvina the abov~escribed total caoital
investment bv the current millage rate then multiplied by either 10
(projects located in areas outside the Enterprise Community) or 15
(projects located within the Enterprise Community). The incentive award
may not exceed the dollar amount of the imDact fees due for the Droiect.
Any payment made under this program is subject to funding availability. A
development project participating in the Fee Payment Assistance Program
is not eligible to also participate in the Property Tax Stimulus Program that
may be offered by the County.
. . .
-,
SECTION THREE. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of
Collier County or any other applicable law, the more restrictive shall apply. If any
phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions.
Page 2 of3
Underlined text is added; IilRu:k ~l'ClwgR lext is deleted.
Agenda Item No. 8E
June 22, 2004
Page 6 of 15
SECTION FOUR. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code
of Laws and Ordinances of Collier County, Florida. The sections of the
Ordinances may be re-numbered or re-Iettered to accomplish such, and the word
'ordinance" may be changed to 'section", "article", or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be 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 0-\...\.106 ,2004.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNIY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
DONNA FIALA, Chairman
By:
Approved as to fOITTl
~~
Patrick: G. White,
Assistant County Attomey
Page 3 00
Underlined text is added; IllR/llk tlr:g' '9'" text is deleted.
Agenda Item No. 8E
June 22, 2004
Page 7 of 15
0,. ,..
.-.- ~:
-
'S'-....'\234Se> <"_-::
~np ~ d>.9~ ;"; , '~:;
fJ \\~~ - ~ ORDINANCE NO. 2003. 61 c'-\ (" '.
~ \t~~t\N",~ DINANCE OF THE BOARD OF COUNTY COMMISSIONE~~F;":
.o'l~c!' IER COUNTY. FLORIDA, ESTABLISHING A FEE PAYflan-
C"coC"LZO 6\.~\ SISTANCE PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE
~ BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF
INCREASED IMPACT FEE RATES; PROVIDING FOR APPLICABILITY
AND PURPOSE; PROVIDING FOR A MAXIMUM PAYMENT AMOUNT
AND MAXIMUM PARTICIPANT OBLIGATION PERIOD; PROVIDING
SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS;
PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR
IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR A TERMINATION DATE.
. ,
.,-.
~ :l i
'-:J
WHEREAS. Collier County has historically depended upon tourism, agriculture,
and, in more recent years, construction as major components of its economic base, aU
of which are very susceptible to economic cycles and downturns in the economy; and
WHEREAS, the Board of County Commissioners of Collier County (Board)
desires to promote and foster economic diversification through the retention and
creation of high wage jobs in targeted industry clusters; and
WHEREAS. programs to offer relief for targeted industry recruitment or
expansion projects from rising costs associated with these projects will contribute
significanUy to economic diversification efforts throughout the County; and
WHEREAS, Impact Fees present the greatest inhibition to economic
diversification efforts due to the fact that they are the highest fees charged to new
development; and
WHEREAS, programs to offer relief for eligible new development or
redevelopment projects from rising Impact Fee rales will contribute significantly to
economic diversification efforts throughout the County by encouraging private sector
investment thereby enabling local businesses to be more globally competitive,
increasing local business expansion opportunities. and thus offering increased
employment opportunities for Collier County residents; and
WHEREAS, Chapter 125,01(1)(t), Florida Statutes, authorizes the Board to enact
ordinances necessary for the exercise of its powers; and
,-
WHEREAS. enactment of the following ordinance will be in the public interest
and serve a valid public purpose; and
Agenda Item No. 8E
June 22,2004
Page 8 of 15
Page 1 of 7
WHEREAS, the payment and collection of impact fees in Collier County are
respectively covered by Section 74-202(9) and Section 74-501 of the Code of laws and
Ordinances of Collier County; and
WHEREAS. on March 12, 2003, the Board directed staff to move forward with
proposals for a "toolbox" of economic diversification incentives to further these efforts.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. THAT:
SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier
County Code of Laws and Ordinances as follows:
ARTICLE II
FEE PAYMENT ASSISTANCE PROGRAM
Section 49-20. Applicability.
This article applies to the unincoroorated area of Collier County. Florida. and to
all incorporated areas of Collier County to the Qreatest extent authorized bv Article VIII,
Section 1 (f) of the Florida Constitution as may be implemented bv an interaovernmental
or interlocal aareement.
Section 49-21.
Purpose.
The purposes of this article are to: (1) provide a oerformance-based Dfoaram
offerina financial relief for eliaible taraeted industry develooment or exoansion protects
in Collier County to mitiQate the effects of risina Imoact Fee rates: (2) provide for the
economic well beina of Collier County residents bv providina hiah-waae emplovment
opportunities in Collier County; (3) lessen the seasonal cycle of Collier Countv's
economy: and (4) encouraae investment opportunities for new or existina companies
thus increasinQ and diversifvina the County's tax base.
Section 49-22. Specific Definitions.
When used in this article. the followifIQ terms have the meanina stated, unless
the context clearlY indicates otherwise.
A. "Averaa! Waae" is the annual rate paid to Private-sector employees within
Collier County. from hk:lhest to lowest divided by number of persons
emoloved full-time. as reported bY private-sector employers in the State of
Florida who are covered bv federal and state unemplovment compensation
laws (UC). and reDOrted annually based on fiaures released by the Florida
Aaency for Workforce Innovation.
B, "Eastern Cottier Coun "is that area of uninco
that No. 8E
June 22, 2004
Page 9 of 15
Page 2 of 7
.,,-
includes those parcels of land immediatelv adiacent to. and east of. Collier
Boulevard. except for those parcels desiQnated as part of the Immokalee
Rural Federal Enterprise Community.
C. "High Impact" is that desiQnation aiven to Qualitvina economic development
projects located outside of Eastern Collier County and the Immokalee Rural
Federal Enterpri~e Communltv.
D, "Impact Fee" means the fee imoosed by the County pursuant to Section 74-
201 or. if applicable. the Alternative Impact Fee.
E. "Rural Federal Enterprise Community" is that iurisdiction so desiQnated bv
the U.S. Department of Aariculture as a multi-iurisdictional entity includinQ
Immokalee (census tracts 112,04. 112.05. 113, 114). parts of Hendry County
and the Seminole Indian Reservation; the Enterprise Community boundaries
in Collier County follow the Immokalee Enterprise Zone boundaries. a
desiQnation bv the State of Florida. pursuant to Section 290.001-290.016.
Florida Statutes.
F, "Taraeted Industry" is one that is aaaressivelv pursued for relocation to. or
exoansion within. the local iurisdiction bv the Economic Development Council
of Collier County. It may include. but is not limited to. the followinQ industries:
Aviation. Information TechnolOQY. Biomedical. ManufacturinQ, Corporate
Headquarters. Research and Development. Wholesale Trade and
Distribution. and businesses locatinQ or expandinQ within the Immokalee
Rural Federal Enterprise Community.
,............,
Section 49-23. Fee Payment Assistance Proaram.
General Requirements. Pursuant to the provisions set forth in this section. the
County establishes a Fee Payment Assistance Proaram for the oavment of Imoact Fees
for eliQible develooment proiects. The Fee Payment Assistance Prooram will be eliaible
to oroiects located within commercial. industrial. business paril:. and technolOQy oark
land uses.
A, Application Process. Anv business seekina eliaibilltv for payment throuah the
Fee Payment Assistance Proaram must file with the County ManaQer an
Application for payment prior to makinQ the decision to locate or expand within
Collier County. The ADplication must contain the followinQ:
1. The name and address of the business Owner: and
2. A current and complete Ieoa' descriDtion of the site upon which the
proiect is prooosed to be located: and
3. The tyoe of business proposed. uSil19 Standard Industria' ClassifICation
(SIC) or North American Industrial Classification System (NAICS): and
4. The number of iobs to be created and retained as a result of the
oroiect: and
5. The averaae waae of those iobs created and retained: and
Agenda Item No. BE
June 22, 2004
Page 10 of 15
Page 3 of 7
6. The total capital investment of the expansion or relocation proiect.
includina land, buildina, and equipment costs; and
7, The date (month and vear) when the proiect will be substantiallv
complete.
S. Aoreement. If the proposed proiect meets the reauirements for payment
under the Fee Payment Assistance PrOQram as set forth in this article, the
County Manaaer is authorized to enter into an aoreement with the business
Owner as set forth below, The Fee Payment Assistance Prooram will pay no
more than the amount of Impact Fees due pursuant to Section 74-202 of the
Collier County Laws and Ordinances.
Section 49-24. Imolementation.
A. Under this Fee Payment Assistance Praoram. the elioible business will
pay its tax bill in full to the Tax Collector's Office annuallv on or before the date it
is due. The Proaram oblioation period will be no lonaer than ten (10) years if the
proiect is located outside the Rural Federal Enterprise Community (hereinafter
"Enterprise Communitv"), or no lonaer than fifteen (15) years if the project is
located within the Enterprise Community, Companies located in a Hioh Impact
area, that is an area outside the Enterprise Community and Eastern Collier
County. must be pre-approved for prooram participation by the Board of County
Commissioners and, if so approved, are obliaated to this DrOQram far a maximum
of ten (10) vears. Companies will be eliQible for a maximum pavment amount.
not to exceed the cost of the above-described fees multiplied bv the current
millaae rate then multiplied bv either 10 (proiects located in areas outside the
Enterprise Community) or 15 (proiects located within an Enterprise Communitv),
Anv payment made under this prOQram is subject to fundinQ availability, A
development proiect participatinQ in the Fee Pavment Assistance Prooram is not
eliQible to also participate in the Property Tax Stimulus Prooram that may be
offered by the County.
B. The eliQible business under the Fee Payment Assistance Prooram will
enter into a Fee Pavment Assistance ProQram AQreement (the Aareement) with
the County. and the Aareement must provide for. as a minimum, the followinq
and wilt incfude such Drovisions as may be deemed necessary bv the Board to
effectuate the provisions of this article:
1. The leaal desa;ption of the develooment.
2. That the amount of the Impact Fees paid by the Pl'OQram will in all
events become due and pavable and shall be immediately fe-paid to the
County by the propertv owner if the propertv is sold or transferred without
prior written apDroval from the County at any time after the first certificate
of occupancy has been issued fOf the development and prior to the 1 D-
ear bl" a ion 'cd or rior to the 15- ear obli ati eriod for a
within an Ente rise Communi and the 1m act Fees m~~ f! e ~~.O~~
,
Page 11 of 15
Page 4 of 7
.-
to the County. Anv outstandina (i,e.. as yet not repaid) Impact Fee
amounts oreviouslv paid under this Prooram will become due and pavable
and must then be immediatelv repaid to the County in the event of sale or
transfer prior to expiration of the ProQram obliaation Deriod. If not so re-
paid. the obliQation will be a lien on the property under the followina
subsection.
3. The payment of Imoact Fees via the Fee Payment Assistance
Proaram will constitute a lien on the eliQible business's proDertv which lien
mav be foreclosed upon in the event of non-compliance with the
requirements of the AQreement The amount SDecitied in an approved
AQreement will serve as the amount of a lien aaainst the development and
the real prooerty upon which the development is located. Neither the
payment of Impact Fees; nor the Aareement providina fOf the payment of
Impact Fees. may be transferred. assianed. credited or otherwise
conveyed from the orooertv without prior written approval from the County.
4. The County's interest may be subordinated to all first mortQaaes or
other co-eaual securitY interests. and w~1 automaticallv be subordinate to
the OWner's previously recorded first mortQaae andlor any aovemment
funded affordable business loan such as the U,S. Small Business
Administration (SBA) or the U.S. Department of Aariculture (USDA) loan.
5. Upon satisfactory completion of all reauirements of the Aareement
the County may record any necessarv documentation evidencino same.
includinQ. but not limited to. a release of lien. The lien will not terminate
except upon the recordina of a release or satisfaction of lien in the public
records of Collier County. Such release will be recorded upOn payment in
full or satisfaction.
6. In the event the non-County DartY is in default under the
Aareement. and the default is not cured within thirtY (30) days after written
notice is provided to the Owner. the Board may brina a civil action to
enforce the aareement or declare that Proaram's payment of the Impact
Fees not vet recouDed and previously paid under this Proaram are thence
immediatelY due and pavable. The Board is entitled to recover all fees
and costs. includina attorney's fees and costs. incurred by the County in
enforcina the Aareement. DIllS interest at the then maximum statutorv rate
for final iudaments. calculated on a calendar day basis until paid.
7. Aporoved Aareements wiH be recorded in the Official Records of
Collier County at no cost to the County.
C. Termination
The orovisions of this article will eXDire and be void on October 1. 2008. unless
continued bv a vote of the Board of County Commission Drior to this date.
Agenda Item No. BE
June 22, 2004
Page 12 of 15
Page 5 of 7
Section 49-25. Program Eligibility Criteria.
To be considered eliaible for approval under this PrOQram. a business or proiect
must meet the criteria of one of the followina cateQories:
1. Be located within Eastern Collier Countv and meet the followina criteria:
a. Tvpe of business conducted is within the Taraeted Industry list of
the Economic Development Council of Collier Countv: and
b, Creates a minimum of ten (10) new ful!-lime iobs: and
c. The newlY created iobs pay an averaae waae of at least 115% of
the County's current private-sector averaae waae.
2. Be located within the boundary of the Immokalee Rural Federal Enterprise
Communftv and meet the followinQ criteria:
a. Create a minimum of fIVe new jobs; and
b. The newlv created iobs pay an averaae waae eQual to or areater
than 50% of the Countv's current private-sector averaae waQe.
3. Be a Hiah Impact proiect and be located outside the Enterprise Communitv
and Eastern Collier County and meet the followinQ criteria:
a. Type af business conducted is within the Taraeted Industry List of
the Economic Development Council of Collier County: and
b. Creates a minimum of twentv (20) new full-time iobs: and
c. The newlv created iobs pay an averaae waQe eQual to or creater
than 150% of the Countv's current private-sector averaoe waae.
d. Each application for prOQram particjpation must have approval by
the Board of Countv Commissioners.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance connicts with any other Ordinance of Collier County
or any other applicable law. the more restrictive will apply. If any phrase or portion of
this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction.
such portion will be deemed a separate, distinct and independent provision and such
holding will not affect the validity of the remaining portions.
SECTION THREE. INCLUSION IN CODE OF LAW AND O,~D1NANCES.
The provisions of this Ordinance are to be made d 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.
Agenda Item No. 8E
June 22, 2004
Page 13 of 15
Page 6 of 7
SECTlON FOUR: EFFECTIVE DATE.
This Ordinance will immediately become effective upon the last date of
occurrence of all three of the following events, regardless of the order in which they may
occur:
1. the date of filing of this Ordinance with the Secretary of State;
2. the date of adoption of a Resolution by the CoOier County Community
Redevelopment Agency (eRA): a) recommending the allocation of fifty percent (50%)
of the Tax Increment Financing (TIF) funds associated with the qualifying eligible
business to partially fund the Fee Payment Assistance Program; and b) recommending
the Board's amendment of the redevelopment plan to authorize use of TIF funds as a
funding source for certain Board of County Commissioners' approved programs; and
3. the effective date of ordinances by the Board of County Commissioners
adopting appropriate amendments to modify the Collier County Community
Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment
of property taxes to eligible business located in the Immokalee Enterprise Zone and
expanding the boundaries of the Immokalee Redevelopment Area to indude the
Immokalee Enterprise Zone in its entirety.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this j<{th day of tJovanbe1 . 2Q03. "''',,,,,
- .~y:.au. :".:;1.1.1# lIt}
_<:l' ...........\10) t"
,........ *. ~ "
BOARD OF COUNTY=co.-..MtSSIO~f~t'l
OF CO~L1ER OU~ ~t~ORID.A\,~. \ ~ 1
. ~ - ::.-. I d 1 \~).. f)t : ...~ 5
". 'I r...,) .. JoJ: :
By: . :. ,." ;.;:. .-;.1..' . ? ,:
Tom Henning, el)31~~' , _ {.\
This ordinance filed wYtn '~~
~retory of Stote's Of!ic..e. tl:Jp
~S doyo~~
and acknowledgemen~f thot
film rec i\e t" doy
of-
BY' . ,D.C.
ATTEST:
DWIGHT E. BROCK, Clerk
Bvi1u~ 1 i' ,<, ~
eputy erk
Approved as to form and
)j!ncy.
. ~
Patrie . ~~e
Assistant County Attorney
-
Agenda Item No. 8E
June 22,2004
Page 14 of 15
Page 7 of 7
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 copy of:
ORDINANCE NO. 2003-61
Which was adopted by the Board of County Commissioners on
the 18th day of November, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st day
Of November, 2003.
. .' .... ,"
, '".". ,"" ... ...;.~ J' -
DWIGHT E. 13ROCK' .., ....:,',' ,
. . ,.",....) r. '.
Clerk of' COUJ;i;s.~'tidVc~-ierk
Ex-officlotbJ Board c:l,~
County Corrtrrijss.j,oner~ . .;
~,~."...,.>.>
Ann., J'~:; .,.::~~."r"':
. ..,.,.,.. ../,.
Deputy C1:e'tJC'; - . '
By:
Agenda Item No. 8E
June 22, 2004
Page 15 of 15
,...-
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,-..
EXECUTIVE SUMMARY
Adopt an ordinance establishing a special master process for Collier County; setting forth the
powers and duties of the special master; establishing procedures; and establishing penalties.
Approve the related budget amendment.
OBJECTIVE: To adopt an ordinance eSlablishing a Special Master process to hear cases related to
violations of The Collier County Code of Law and Ordinances, which are intended to maintain the
health, safety and welfare of all residents and property owners of Collier County.
CONSIDERATION: In 1998 citizens voted to shift some of the major costs of the court system to
the state. In response to this vote a Bill entitled, An Act Relating to the Judicial System, was drafted
for review by the House of Representatives and Senate. One major aspect of this Bill called for the
distribution of funds received for cases related to violations of local codes and ordinances with the
Clerk of Court, out of the local coffers and into a Court Administration Fund. Additionally, the
original writing of this Bill assessed a $200 fee, per filing of these types of cases. In the past, fines
and fees were retained by the Clerk in a Fine and Forfeiture fund and ultimately disbursed to the
General Fund.
The Florida Association of Counties and the Florida Association of Code Enforcement, through its
lobbyist, voiced great concern for the fiscal impact of this proposed legislation. After several
rewrites and readings, the Senate, during its 2004 session, passed a modified version of the original
Bill. The most significant amendment reduced the $200 filing fee to $10 per filing and allowed for a
$40.00 fee to be assessed to the non-prevailing party when a person contests a violation in court.
Article V, Revision Seven amends Florida's Constitution. This process becomes effective July 2004.
The Board of County Commissioners directed staff to evaluate the implication of the Bill and
recommend a process that would maintain a citizen's right to due proccss, while limiting the impact
on the general fund. In an effort to retain funds locally and reduce the impact on the general fund,
staff proposes the establishment of a Special Master process.
The Special Master will be responsible for hearing cases related to violations of the Collier County
Code of Laws and Ordinances and comested citations. The proposed Ordinance is expected to
minimize the impact these types of cases have on the court system and' provide citizens with an
avenue to contest citations, while keeping the revenue collected for the payment of citations covered
under this process in the general fund.
The proposed process would not remove the court system in its entirety. If a citizen is dissatisfied
with the decision of the Special Master, they may appeal that decision to the Courts. However, it is
intended for this Special Master process to be more expedient for all involved because the types of
cases that will be presented in this forum will be limited in scope.
In establishing this process, staff referred to the Florida Statutes to derme the powers and duties of a
Special Master. All have been so dermed in the proposed ordinance. Although some of the duties of
the Special Master are similar to that of the Code Enforcement Board, we thought it best to create a
separate ordinance that would clearly distinguish the powers and duties of the Special Master from
those of the Code Enforcement Board.
In addition to defining the Special Master process, the proposed ordinance is recommending a
modification to the maximum allowable penalties that can be assessed for each violation to reflect
filii'
Agenda Item No. 8F
June 22, 2004
Page 1 of 13
those provided for under Florida Statutes 162.02 for a local jurisdiction with the population the size
of Collier County.
FISCAL IMP ACT: The proposed process will entail a shift of the processing of most citations from
the court system to the Code Enforcement Department. Consequently, additional staff is needed to
execute this function. The request for 2 fiscal personnel and a Special Master will be an estimated
$258,550 to the unincorporated general fund. The Special Master would be a contracted position that
would be hired through the purchasing process. The anticipated revenue generated by this process is
expected to exceed the impact on the general fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: To approve the proposed Ordinance establishing the Special Master
process and associated budget amendment for the hiring of personnel to implement this process.
,-
,-,
Agenda Item No. 8F
June 22, 2004
Page 2 of 13
COLLIER COUNTY
BOARD OF COUN1Y COMMISSIONERS
Item Number
8F
Item Summary
Adopt an Ordinance 0st~:blishing a Special Master Process for Collier County;
setting forth the powers and duties of the Special Master; establishing
procedures; and establishing penalties. A.pprove the related budget
amendment.
Meeting Date
6122120[}4 9:00:00 AM
Prepared By
t,lIlcl1Glle Edwards Arnold
Gone Enfcrcemer:t Director
5/26/2004 5:51 :40
PM
Community Development 80
Environmental Servlct's
Code Enfcrcemsnt
A pproved By
Sandra Lea
Executive Sscretary
Date
Community Development &
Environmental Services
Com!l'u..mny Development &
Envircmnental ServicE!s Admin.
5/27/20Q4 3:14 PM
Approved By
Joseph K. Schmitt
Ccmrm.:r;ity Development &.
Enviromnental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
5i28/2004 8:10 AM
Approved By
Mark IsacKson
Budget Analyst
Date
County Managers Office
Office of Managsment & Budget
5/10iZ004 H,l:2.1 AM
A pproved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
6/12i20041:34 PM
A pproved By
James V. Mudd
Board of County
Comml$sjoners
County Manager
Data
Countj Manager's OffiCiJ
6114/2004 2:00 PM
Approved By
Jennifer A. Belpedlo
A$sistant County Attorney
Data
County Manager's Office
Ccmnty Attorney Office
618/20042:05 PM
A pproved By
,-
Pat Lehnhard
Administrative Assistant
Date
County Manager's Office
Office of M3f!3gemQnt & Budget
61'912004 1il:33 AM
Agenda Item No. 8F
June 22, 2004
Page 3 of 13
ORDINANCE NO. 04-
AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY
SPECIAL MASTER ORDINANCE; SETTING FORTH THE
FINDINGS AND PURPOSE; PROVIDING FOR TITLE AND
CITATION; PROVIDING FOR APPLICABILITY; PROVIDING
DEFINITIONS; ESTABLISillNG THE QUALIFlCATIONS,
APPOINTMENT AND REMOVAL OF SPECIAL MASTER;
EST ABLSIDNG A SPECIAL MASTER REVIEW BOARD;
SETTING FORTH THE POWERS AND DUTIES OF THE
SPECIAL MASTER; PROVIDING AN ENFORCEMENT
PROCEDURE; PROVIDING FOR SUBPOENA PROCEDURES;
PROVIDING FOR CONDUCT OF HEARING; ESTABLISIDNG
PENALITIES; PROVIDING FOR REHEARING OF SPECIAL
MASTER ACTION; PROVIDING FOR APPEALS; PROVIDING
FOR NOTICES; PROVIDING FOR SUPPLEMENTAL
PROVISIONS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE
CODE OF LA WS AND ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article VIII of the Constitution of the State of Florida authori7.es Florida counties
to exercise broad home rule powers; and
WHEREAS, Se(..1ion 125.01 (1), Florida Statutes, provides that thc legislative and governing
body of a county shall have the power to carry on county government and that said power
includes but is not limited to, a number of powers set forth in Section 125.01, so long as any
powers exercised are not inconsistent with general or special law; and
WHEREAS, Section 125.01 (1) (t), Florida Statutes, provides that a county may adopt
ordinances and resolutions necessary for the exercise of its powers and prescribe lines and
penalties for the violation of ordinances in accordance with law; and
WHEREAS. Section 125.ot (3)(a) and (b), Florida Statutes, recognizes that the enumeration of
powers in Section 125.01(1), Florida Statutes, incorporates all implied powers necessary or
incident to carry out those powers and that Section 125.01, Florida Statutes. shall be liberally
construed in order to effectively carry out the purpose of the section and to secure for counties
the broad exercise of home rule powers authorizcd by the State Constitution; and
WHEREAS. Section 162.03. Florida Statutes, authorizes the creation of an alternate code
enforcement system which gives special master(s) the authority to impose administrative lines
and other non-(..Timinal penalties. in order to provide an equitable. expeditious, effective and
inexpensive method of enforcing the codes and ordinances of Collier County; and
WHEREAS, Section 162.09, Florida Statutes, provides a county or a municipality having a
population equal to or greater than 50,000 may adopt, by a vote of at least a majority plus one of
the entire governing body of the county or municipality. an ordinance that gives code
enforcement boards or spcdal masters, or both, authority to impose fines in excess of the limits
set forth in 162.09(2)(a); and
WHEREAS. Section 162.13, Florida Statutes, provides that it is the legislative intent of Sections
162.01-162.12, Florida Statutes, to provide an additional or supplemental means of obtaining
compliance with local codes and that nothing contained in those sections shall prohibit a local
governing body [rom enforcing its codes by any other means; and
WHEREAS, Chapter 162 does not limit a county's additional or supplemental enforcement
system to the exact system set forth in Parts I and II of Chapter 162; and
Agenda Item No. 8F
June 22, 2004
Page 4 of 13
WHEREAS, Chapter 162 docs not prcdude a county from combining any features of Part I and
II of Chapter 162; and
WHEREAS, the Board of County Commissioners of Collier County, Florida ha~ determined
that it is the best interest of the citizcns of Collier County to create and appoint Spcdal Master(s)
as additional means of enforcement; and
WHEREAS, Section 162.08 (5), Florida Statutes, provides the special master shall have the
power to issue orders having the force of law to command whatever steps are necessary to bring
a violation into compliance; and
WHEREAS, the Board of County Commissioners of Collier County, Florida believes it is in the
best interests of the citizens of Collier County that an alternate system of enforcement be
established which docs not conform to the strict requirements of Chapter 162, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, that:
SEcnON ONE:
Findings and Purpose.
1. Chapter 162, Florida Statutes, entitled Local Government Code Enforcement Boards
Act", authorizes a County to establish local code enforcement Special Masters.
2. It is the intent and purpose of this Ordinance to promote, protect and improve the health,
safety and welfare of the citizens of Collier County by authorizing the creation of an alternative
code enforcement system which gives special masters the authority to impose administrative
fines and other non-criminal penalties, in order to provide an equitable, expeditious, effective
and inexpensive method of enforcing the codes and ordinances of Collier County, where a
pending or repeated violation continues to exist, including, but not limited to housing,
occupational licenses, development standards, zoning, sign and noise codes.
3. It is in the best interests of the citizens of Collier County to create a code enforcement
Special Master proeesll all an additional means for the enforcement of itll eodell and ordinances.
SECTION TWO: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Code Enforcement
Spedal Master Ordinance"
SECI'lON THREE: Applicability.
The provillionll of this Ordinance shall apply to, and be enforced in, the unincorporated areall of
Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within
Collier County that agree by resolution of the governing body of said municipality to have this
Ordinance apply and be enforced in the municipality.
SECTION FOUR: Definitions
The following words, tenus and phrases, when used in this Ordinance, shall have the meanings
as"Tibed to them in this section, except where the context clearly indicates a different meaning:
I. Code Enforcement Investigator means any authorized agent or employee of the County
and whose duty it is to assure code and ordinance compliance and who have successfully
completed the required training as identified in the Training Plan [or the Collier County Code
Enforcement Department.
2. Commission means the Board of County Commissioners who is the local governing
body in and for Collier County, Florida.
3. County Attorney means the legal counsel to the Board of County Commissioners of
Collier County, Florida.
2
Agenda Item No. 8F
June 22, 2004
Page 5 of 13
4. Issuinl: Officer means any authorized agent or employee of Collier County whose duty it
is to assure code and ordinance compliance and who is responsible for the enforcement or
implementation of codes and ordinances of Collier County.
5. Order means the det:ision of thc Special Master reduced to writing.
6. Person means an llldividual, association, fmn, partnership. corporation, or other legal
entity.
7. Prosecutor mcans the County Attorney, an Assistant County Attorney. or any member of
the County staff who present.. cases before a Special Master.
8. Repeat violation shall mean a violation of a provision of the a code or ordinance by a
person who has been previously found through an cnfon;cmcnt board, ~'Pcl;ial master. or any
other quasi-judicial or judicial process, to have violated the same provision within five (5) years
prior to the violation, notwithstanding the violation(s) occurring at different locations.
9. Secretary or Secretary to the Special Master means the administrative staff person in
the Code Enforcement Department responsible for the preparation, development and
coordination of all administrative and case management services necessary for the proper
functioning of the Special Master.
10. Special Master is a person who meels the minimum qualifications set forth in Section
Six of this Ordinance. The Special Master shall be authorized to hear and decide cases involving
violations of County Code of Law and Ordinanccs.
11. Violator means a person or entity legally responsible for the violation (the property
owner, tenant, or business entity on the premises, or any combination thereof).
SEcnON FIVE: Qualification, Appointment, and Removal of Special Masters
1. Appointment of a Special Master shall bc based on the following qualifications and
terms:
A. The Commission shall appoint as many Special Masters as deemed necessary.
B. Special Masters shall at minimum, (1) be a graduate of a law school accredited by
the American Bar Association, (2) demonstrate knowledge of administrative law, land use
law and local government regulations and procedures, (3) be a member in good standing
with the Florida Bar, and (4) be either a certified mediator under the rules of the Florida
Supreme Court, an arbitrator qualified by a recognized Arbitration Association, or a
former judge, and (5) meet other sut:h qualifications that may be establishcd by resolution
of the Commission.
C. Special Mastcr appointmcnt shall be for a two (2) year term. Upon
recommendation of the Review Board, any Special Master may be reappointed at the
discretion of the Commission. There shall be no limit on the number of reappointments
that may be given to any Special Master; provided a determination for removal or
reappointment is made for each individual Special Master at the end of each two-year
term. The Commission shall have authority to remove a Special Master with or without
cause upon ten (10) days written notice.
D. If any Special Master resigns or is removed prior to expiration of his or her term
or the Review Board detennines that the Special Master should not be reappointed, the
Rcview Board shall make a recommendation for rcappointment from the candidates
previously interviewed to fill the vacancy within thirty (30) days
SEcnON SIX:
Establishment of a Special Master Review Board
The Commission shall create a Special Master Review Board, comprised of two (2) members of
the Code Enforcement Department; one (I) member from the Office of the Collier County
Attorney; and two (2) members of the public at large. The duty of the review board shall be to
recommend appointment for the Special Master(s) and review, on an annual basis. the
perfonnance of the Special Master(s) in order to recommend the removal or reappointment of
said Special Mater(s) to the Commission. Agenda Item No. 8F
June 22, 2004
Page 6 of 13
3
SECfION SEVEN: Powers and Duties
1. The Special Master shall have the jurisdiction and authority to do the following:
A. Adopt rules and regulations for the conduct of hearings;
B. Subpoena Violators and witnesses to appear at its hearings, which subpoenas may
be served by the Collier County Sheriff or a duly authorized person;
C. Sllbpoena evidence to its hearings including. but not limited to, records. surveys,
plats, and other documentary evidence, which subpoena may be served by the Collier
County Sheriff or a duly authorized person;
D. Take testimony under oath;
E. Hold hearings on contested citations issued by but not limited to, the Collier
County Sherifrs olliee, the Collier County Code Enforcement Department; and Domestic
Animal Services, for violation of local codes and ordinances.
F. Issue orders having the force of law to command whatever steps are necessary to
bring a violation into compliance;
G. Assess costs and civil penalties and order the payment of such costs and penalties,
as provided in this Ordinance;
H. Recover unpaid dvil penalties; foreclosure; prohibit the issuance of permits,
licenses, certificates of use and occupancy, or zoning approvals to violators with unpaid
civil penalties or liens.
SECflON EIGHT: Enforcement Procedures before the Special Master
1. Matters brought to a Special Master shall be scheduled consistent with the following
procedures:
A. Those administrative officials who have the responsibility of enforcing the various
codes and ordinances in force in Collier County or Citizens may file alleged violations of
any code or ordinance with the Code Enforcement Department.
B. If the violation is corrected and then repeated, the Issuing Ollicer may either issue
a Citation or schedule the case for hearing. If the Issuing Officer initiates the hearing
process, the case may be brought for hearing even if the violation has been corrected prior
to hearing, and the notice of hearing shall so slate.
C. If the Issuing Officer has reason to believe a violation or the condition causing the
violation present'! a serious threat to the public health. safety and welfare or if the
violation is irreparable or irreversible in nature, the Issuing Officer shall make a
reasonable effort to notify the violator and may immediately notify the Special Master
and request a hearing.
D. If the owner of property which is subject to an enforcement proceeding transfers
ownership of such property between the time the notice of violation was served and the
time of the hearing, such owner shall:
(1) Disclose, in writing, the existence and the nature of the proceeding to the
prospective transferee;
(2) Deliver to the prospective transferee a copy of the notices and other
materials relating to the code enforcement proceeding received by the transferor;
(3) Disclose, in writing, to the prospective transferee that the new owner will
be responsible for compliance with the applicable code and with orders issued in
thc code enforcement procccding;
-
(4) File a notice with the Code Enforcement Department of the transfer of the
property, with the identity and address of the new owner and copies of the
disclosures made to the new owner, within five (5) days after the date of the
transfer, Agenda Item No. 8F
June 22, 2004
Page 7 of 13
4
(5) A failure to make the disclosure dcscribed above and before the tmnsfcr
creates a rebuttable presumption of fraud. If the property is transferred before the
hearing. the hearing shall nol be dismissed, hut the new owner shall he provided a
reasonable period of time to correct the violation before the hearing is held.
SECTION NINE: Subpoena Procedures.
1. Evcry subpoena for testimony beforc the Spcdal Master shall bc issucd by the S<X.TCt<try
to the Special Master. Each subpoena shall state the title of the action, the ca<;e number of the
action, the name and address of the person to whom the subpoena is issued, and the time, place
and location of the hearing at which the person is directed to appear, and shall be prepared by the
party requesting issuance.
2. A subpoena for production of documentary evidence may also be issued to command the
person to whom it is directed to produce the books, papers, documents or tangible items
designated therein. The Special Master, upon motion made promptly and in any event at or
before the time ~'Pccificd in thc subpoena for compliance thcrewith, may (1) quash or modify the
subpoena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the
advancement hy the person in whose behalf the subpoena is issued of the reasonable cost of
producing the books, papers, documents or tangible items.
3. A subpoena may be served by any person authorized by law to serve process or by any
other person who is not a party to the action and who is not less than eighteen (18) years of age.
Proof of such service shall be made by affidavit of the person making service. Proof of service
shall be filcd with the SCl-TCtary of the Special Master. Payment of any service fce shall be madc
by the party at whose requesl the service is made.
SECTION TEN:
Conduct of Hearing Before the Special Master.
I. Hearings relating to violations of local codes and ordinances investigated by a Code
Enforcement Investigator shall be conducted in the following manner.
A Upon request of the Issuing Officer, or at such times as may he necessary. a
hearing before the Special Master may be convened.
B. All hearings shall be open to the public and any person whose interests may be
affected by the matter before the Spccial Master shall be givcn an opportunity to be
heard. Official minutes of all hearings shall be kept
C. Hearings may be informal and need not be conducted in accordance with the
technical rules relating to evidcncc and witncsses. They shall, howevcr, be Condul-1cd in
accordance with accepted parliamentary procedures relative to motions, and decisions.
Fundamental due process shall be observed and shall govern all hearings.
D. At the hearing, the burden of proof shall be upon the Issuing Officer to show by
the greater weight of evidence that a violation(s) does exist and that the Violator
committed, or is legally responsible for maintaining or allowing the violation to continue.
E. Where noticc of the hcaring has been provided to thc Violator as required by this
Ordinance, a hearing may be conducted and an order rendered even in the absence of the
Violator.
F. All tc~1imony shall be under oath and shall be rccoroed by a ccrtified court
reporter or a recording instrument. The Violator may cause the proceedings to he
recorded by an independent certified court reporter.
G. All relevant evidence shall be admitted if, in Ihe opinion of Ihe Special Master, it
is the type of evidence upon which rea<;onable and responsible persons would normally
rely in the conduct of business affairs, regardless of the existence of any common law or
statutory rule that might make such evidence inadmissible over objection in civil actions.
Any part of the evidence may be received in wriUen form.
5
Agenda Item No. 8F
June 22, 2004
Page 8 of 13
H. Hcarsay cvidcnc.;e may be acccpted for thc purposc of supplementing or explaining
any direct evidence, but such hearsay evidence shall not in and of itself be considered
sufficient to support a fmding or decision.
I. Each party to the hearing shall havc thc right to call ami cxaminc witncsscs,
introduce exhibit,>, cross-examine opposing witnesses, impeach witnesses and rebut
evidence. The Violator may be represented by legal counsel at all hearings.
J. At thc conclusion of the hcaring, an oral dccision (Order) shall bc rcduccd to
writing in the form of an Order based on evidence entered into the record. The Order
shall then be sent to the respondent by regular U.S mail.
K. Should a Special Master bc unablc to issuc a decision immediately following any
hearing because of questions of law or other matters of such nature that a decision cannot
be immediately made; the Special Master may withhold issuing its decision until a
subsequent meeting. In such case, further discussion of the pending matter and all
deliberations relating thereto shall occur at a public meeting of the Special Master. The
Special Master shall thereafter issue its Order pursuant to Subsection J. of this Section.
L. A copy of such certificd Ordcr may bc rccordcd in thc public records of Collicr
County and shall constitute notice to any subsequent purchasers, successors in interest, or
assigns is thc violation may concern rcal property. and thc findings thcrein shall be
binding upon the violator and, if the violation concerns real property, any subsequent
purchasers, successors in interest, or assigns.
M. If Collier County prcvails in prosc~:uting a casc bcforc thc Special Masler. it shall
be entitled to recover all costs incurred in prosecuting the case before the Special Master.
Whether and to what exlent such costs are imposed shall be within the disl.-,etion of the
Special Master but shall not exceed the cost incurred for investigation, enforcement,
tcsting and monitoring,
2. Requested administrative hearings relaled to Civil Citations issued for violations lo Local
Codes and Ordinances and Domestic Animal laws and regulations shall be conducted in the
following manner by the Special Master(s).
A. If a violation(s) of a code or ordinance is believed to exist the Issuing Officer shall
issuc a Citation to thc Violator and spc<..i.fy a rcasonable timc to corrcct thc violation(s}, if
applicable.
B. Prior to issuing a citation, a Code Enforcement Investigator shall provide notice to
thc pcrson that thc person has committed a violation of a code or ordinancc and shall
establish a reasonable time period within which the person must correct the violation.
Such timc period shall bc no more than 30 days. If, upon personal invcstigation, a Codc
Enforcement Investigator finds that the person has not corrected the violation within the
time period, a Code Enforcement Officer may issue a citation to the person who has
committed the violation. A Code Enforcement Investigator does nol have to provide the
person with a rcasonablc time period to correct the violation prior to issuing a citation and
may immediately L,>sue a citation if a repeat violation is found or if the Code Enforcement
Investigator has reason to believe that the violation presents a serious threat to the public
health, safety, or welfare, or if the violation is irreparable or irreversible. If the
violation(s) is not corrc(,1cd within thc specified time, thc Issuing Officcr may issue a
Citation with a civil penalty for the uncorrected violation(s).
C. Within 20 calendar days from service of the Citation OT before the deadline for
abatement, whichever is sooner, the Violator may request an administrative hearing
before the Special Ma..,>ter. The filing of an administrative hearing request will stay the
Citation and the issuance of additional citations.
D. Upon receipt of a Violator's timely request for an administrative hearing, the
Secretary to the Special Master shall set the matter for hearing on the next available
regularly scheduled date or as soon thereafter as possible.
E. Notice of said hearing may be provided to the violator at the time of hislher
rcquest for an administrative hcaring or may be sent by first class mail to thc namcd
Agenda Item No. 8F
June 22, 2004
Page 9 of 13
6
violator at his last known address. The notice of hearing shall include, but not be limited
to, the following:
1) Name of the Issuing Oflieer who issued the notice;
2) Factual description of alleged violation;
3) Date of alleged violation;
4) Section of the code or ordinance allegedly violated;
5) Place, date and time of the hearing;
6) Right of violator to be rcprcsented by a lawyer,
7) Right of violator to present witnesses and evidence;
S) Notice that failure of violator to attend hearing may result in civil penalty
being assessed against himlher;
9) Notice that requests for continuances will not be considered if not received
by the Secretary to the Special Master at least ten (10) calendar days prior to the
datc set for hearing.
F. The fact-finding determination of the Special Master shall be limited to whether
the violation alleged did occur and, if so, whether the person named in the Notice of
Violation and/or Citation can be held responsible for that violation. Based upon this fact.
fmding determination, the Special Master shall eilher aflirm or reverse lhe decision of lhe
Issuing Officer as to the responsibility of the named violator for the Code violation. If the
Special Master reverses the decision of the Issuing Officer and finds the named violator
not responsible for the violation alleged in the citation, the named violator shall not be
liable for the payment of any civil penalty or prosecution costs.
G. If the decision of the Issuing Officer is affirmed by the Special Master, then the
named violator shall pay the reasonable administrative cost,> of the hearing not to exceed
Five Hundred Dollars ($500.00). The Special Master may also impose fmes for the
pcriod of timc the violation was found to exist and, if applicable, rcquire the violation to
be abated within a stated time period or additional per diem fines will accrue until the
violation is abated. The Special Master shall reduce the decision to writing in standard
fonnat as preseribed herein.
H. Orders shall be reduced to writing and contain the following:
1. Violator name and address;
2. Factual description of alleged violation;
3. Date or alleged violation;
4. Scction of thc codc or onlinancc allegcdly violated;
5. Finding of Fact by the Special Ma,>ter,
6. Any corrective action required and a date for compliance;
7. Right of Violator to contest the Orderin County Court;
8. Notice that failure of Violator to pay the civil penalty may result in a
lien bcing assessed against the violator,
1 All costs shall be paid within thirty (30) calendar days of the date of the hearing
unless an alternate timeframe is established by the Special Master in an Order.
J. The Violator's failure to abate the violation, pay lhe fine, and/or to timely request
a hearing beforc the Special Mastcr will result in an admission of guilt. The Code
Enforcement Department shall give notice to the Violator that a hearing will be conducted
concerning the alleged violation(s) and/or unpaid fines. The Notice shall be in similar
fonn to that described in subsection E of this section and state lhe time and place of the
hearing, as well as thc violation(s) which arc allcged to exist and/or thc act:ru.ing fine
amount, if applicable. The Special Master's findings shall be reduced to writing and
recorded in the Official Records.
7
Agenda Item No. 8F
June 22, 2004
Page 10 of 13
SECTION ELEVEN:
Penalties before the Special Master
1. A Special Master, upon noli1ication by the Secretary that a previous Order for a lirst
violation has not been complied with by the specified time, may order the violator to pay a line
which shall not exceed one thousand dollars ($1,000) per day per violation for cach day the fIrst
violation continues pa<;t the date set for compliance; or in the ea<;e of a repeat violator, may order
the repeat violator to pay a fme which shall not exceed five thousand dollars ($5,000) per day per
violation for each day the violation continues past the date set for compliance, or from the time
the rcpeat violation is found to have occurred by the Code Enforcement Investigator, and a
hearing shall not be necessary for the issuance of the order fInding a repeat violation. If the
Special Master finds a violation to be irreparable or irreversible in nature, it may impose a tine
not to exceed fifteen thousand dollars ($15,000.00) per violation.
2. In determining the amount of the fme, if any, a Special Master shall consider the
following factors:
A. The gravity of the violation;
B. Any actions taken by the violator to correct the violation; and
C. Any previous violations committed by the violator.
3. A certified copy of an order imposing a line may be recorded in the public records and
thercafter shall constitute a lien against the land on which thc violation occurred or exists and
upon any other real or personal property owned by the violator; and it may be enforced in the
same manner as a court judgment by the sheriffs of !his state, including levy against personal
property, but shall not be deemed to be a court judgment except for enforcement pUll'oses. After
three (3) months from thc filing of any such lien or l..-ivil claim which remains unpaid, the Special
Master may authorize the County Attorney to foreclose on the lien or pursue collection on
unpaid claims. No lien created pursuant to !his Ordinance may be foreclosed on real property,
which is a homestead under Section 4, Article X of the Florida Constitution.
4. No lien provided under this Ordinance shall continue for a period longer than twenty (20)
years after the certified copy or an order imposing a line has been recorded, unless within that
time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The
continuation of the lien effected by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration without notice, unless a Notice of
Lis Pendens is recorded.
SECfiON TWELVE:
Rehearing of Special Master Action.
1. Either the Prosecutor or the Violator may request a rehearing of the decision of a Special
Master. A request for rehearing shall be ma~e in writing and shall be ftled with the Secretary to
the Special Master within ten (10) days of the date of receipt of the Board's written order, but in
no event more than 20 days from the date of mailing of the written order. A request for
rehearing shall be based only on the ground that the decision wa'l contrary to the evidence or that
the hearing involved an error on a ruling of law, which was fundamental to the decision of the
Spel-ial Master. The written request for IChearing shall specify the precise reasons for a
rehearing.
2. The Special Master shall make a determination as to whether or not to rehear the matter
and its decision shall be made at a public meeting, reduced to writing, and mailed to the
interested parties within 10 days after the decision is made. If the Special Ma'lter determines it
will gnmt a rehearing, it may:
A. Schedule a hearing where the parties will be given the opportunity of presenting
evidence or argument limited by the Special Master to the specific reasons for which the
rehearing was granted; or
B. Modify or reverse its prior order, without receiving furlher evidence, providing
that the change is based on a fInding that the prior decision resulted from a ruling on a
question of law which the Special Master has been informed was an erroneous ruling.
3. An Order linding a violation shall be stayed and the time ror liling an appeal, pursuant to
Section 13 of this Ordinance. shall not commence to run until a request for rehearing has been
denied or otherwise disposed of and the written decision has been mailed t~da.<lt:em No. 8F
June 22, 2004
Page 11 of 13
8
parties; provided, however, that in no event shall the order be stayed for a period longer than 20
days from the date of mailing of the reheating decision.
SEcnON TIllRTEEN:
Appeals.
1. Any aggrieved party, including the Commission. may appeal a fmal administrative order
of a Special Master to the Circuit Court. Such an appeal shall not be a hearing de novo but shall
be limited to appellate review of the record ereated before the Spec.;al Master. Any appenl shall
be fIled within thirty (30) days of the execution of the order to be appealed.
2. In the event that a party to the proceedings before the Special Master should elect to
appeal, a verbatim record of the proceedings may be required or may be desirable. It shall be the
sole responsibility of each party to the proceedings to ensure that a record is made which
includes the testimony upon which an appeal may be taken. Neither, Collier County or the
Special Ma~ter shall have any responsibility to provide a verbatim transcript of the proceedings.
3. For appeals of a decision made by the Spedal Master on Citations issued for recurring or
unabated offenses, the Respondent may appeal that decision to the Circuit Court within thirty
(30) days of the execution of the order to be appealed. The Respondent must advise the
Secretary of the Special Ma,ter of the intensions to appeal within 20 days of the execution of the
order to be appealed.
SEen ON FOURlEEN: Notices.
1. All notices required by this Ordinance shall be provided by first class mail, or by hand
delivery by the Code Enforcement Investigator, sheriff or other law enforcement officer, or other
person designated by the Commission or by leaving the notice at the violator's usual place of
residence, with any person residing therein who is above 15 years of age and informing such
pcrson of the con tents of the notice.
2. In addition to providing notice set forth in subsection 1 of the Section, notice may be
posled alleast 10 days prior to the hearing, or prior to the expiration of any deadline contained in
the notice, in at least two locations, one of which shall be the property upon which the violation is
alleged to exist and the other of which shall be, in the case of municipalities, at the primary
municipal government office, and in the case of counties, at the front door of the courthouse or
the main county governmental center in said county.
3. Proof of posting shall be by affidavit of the person posting the notice, which affidavit
shall include a copy of the notice posted and ~e date and places of its posting.
4. Evidence that an attempt has been made to hand deliver or mail notice as provided in
Subsection 1 of this Section, together with proof of posting shall be by affidavit of the person
posting the notice. which affidavit shall include a copy of the notice posted and the date and
places of its posting and shall be sufficient to show that the notice requirements of this Ordinance
have been met, without regard to whether or nol the Violator actually received such notice.
5. Proper notice may be assumed when a notice of violation. citation and/or notice of hearing
has been mailed to the Violator, hislher agent, or other person in the household or business has
accepted the notice, or where the Issuing Officer, under oath testifies he/she did hand delivered
the notice to the Violator.
SECTION FlFI'EEN: Supplemental Provision.
It is the intent of this Ordinancc to provide additional or supplemental means of obtaining
compliance with local codes and ordinances. Nothing contained under this Ordinance shall
prohibit the County from enforcing its codes by any appropriate civil action, or by referral to the
State Attorney's Office for prosecution in the case of a c.Timinal violation, and/or by presentation
to any other County board or agency with jurisdiction to hear and act upon the alleged code or
ordinance violation.
9
Agenda Item No. 8F
June 22, 2004
Page 12 of 13
SECflON SIXTEEN: Conflict and Severability.
_.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. H any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHTEEN: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
rc-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any othcr appropriate word.
SECTION NINETEEN: Effective Date.
This Ordinance shall become effective upon receipL~ of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners o[Collier
County, Florida, this day of ,2004.
A TrEST:
DWIGHT E BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA
By:
By:
--
Deputy Clerk
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
Jennifer A. Belpedio
A~sistant County Attorney
10
Agenda Item No. 8F
June 22, 2004
Page 13 of 13
-
EXECUTIVE SUMMARY
Requesttltat the Board approve tile proposed Ordinance, whicll, Ordinance implements new Section
9~9.185~ FlQrid4 StaJutes~ and prpvides forimposilionofaddilioTUll court costs in criminal cases;
allocates funds received/rom adililional court costs; provides for ame"dments to SeeMn 939.185,
Flotfd4 StatuJe$;pl'{)vide$ 101' conflict auds~erobiliJy; provkks for inclu$ion intlie Collier. COllnty
Code oj Laws .ndOrdinances; and provides Jar an ,effective dote.
OBJECTIVE: Thattbe l30arC approve the proposed Ordinance, which Ordinance.iI11plements new
Section. 939.185, Florida Statutes, and provides for imposition of additional court .costs in criminal cases;
allocates funds -received f;rQmadditionalcourt costs; provides for amendments to Section 939.185, Florida
SUllute~pr(}vides forconffictand severability; provides for inclusion in Ibe Collier County Code of Laws
and Ordinances; and provides for an effective date.
CONSIDERATIONS: On November 3, 1998,; the voters of Florida. adopted Revision 7 to the Florida
Constitution toamericl Article Yof lhe Conslhution 10 provide Tor funding fot the Slate courts sYSlem.
WhiCh reyisi()n is effective July 1,2004, and is set fQdb in Section 14 of Article V of the Constitution of
the State of Florida, .
During. the 2003 session of the State Legislature, the Legislature amended various provisions of the Florida
Sl:a!:4tesli'l ordetroCOitlPly with the requjrementsofReVTsioi'l 7. Aftel' review, tlie legislat\1reella<:;ted
fjn1ber amendments to the Florida Statutes in order to provide a more equitable dislribution of
responsibilitY for. funding the colirtsystem.
-
The Florida Legislature created Section 939.185, Florida Statutes, to address some of these concerns by
prP.vidiIig .~S\1ppleil1encU.fui1diiigs()utce throu:gbadditional court coSts, which Section is effective July 1,
2004. Section 939.185~ Florida. Statutes, aliows eaeb county to adopt a county ordinance assessing
additional cOUrt costs not toetceed $65,00 when a person pleads gUilty or nolo ,contendere to, Or follfid
guilty of. any felony, lnisdemeanor, orcriminaLtraffic offense under the laws of this state. This additional
funding must be allocated, in equal parts for: (1) funding innovations lnthe courtsystem; (2) legal .aid
programs.; (3) local law libtaries; and (4) alternative juvenile programs; These are programs tbat the
County hasconsiStentlysupportedtbrough court costs based on their value to the community,
The le8.isll:ltion anpwingthe~additiQn~ costs requires that tbe 1oc:1l Bpard of County Comn1issioners
enact local legiSlation incorporating these costs? which costs are necessary to help fund the courts in
CQUierC<mnty.
,FISCAL IMPACT: Estimated revenue from the imposition of the additional $65 in court costs is
$64Q,()OO ~cJ is i~I~~ in tb:) p~ FY 05 budget.
GROlV'l1I~(;~'l:Il\1PA<:r:~one
~
Agenda Item No. 8G
June 22,2004
Page 1 of 6
RECOMMENDATION: That the Board approve the proposed Ordinance, which Ordinance implements
new Se<;tion 939.185, Florida StaUltes, and provides for imposition of additional court costs in criminal
cases; allocates funds received from additional court costs; provides for amendments to Section 939.185,
Florida Statutes; provides for conflict and severability; provides for inclusion in the Collier County Code
(If Laws and Ordinances; and provides for an effective date.
,-
Agenda Item No. 8G
June 22,2004
Page 2 of 6
-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONf.,RS
8G
This ,turn te be heard at 2:00 ~'.rn. Rr:quest that the liicarct Hpprove the
pre posed Ordinr:ncr:. which Ord1nr:ncu implements new Section 939,185,
Florida Statutes. and provides. for imposrtkJn CT ~ddit:o:tal court O.:$.ts in c:ilninal
(~..."'es; allocates funds recfiiv&d frorn a('!t~lti0r:a: Ct1ur! Cf';;,:S: provides for
amendments t:.) Sectjnn 939, ':85. Flcr:c::\ St3tr..:t€lS: p:,(';vidas fer o.")!)'n:(~t ~rld
severability; provides for inclusion in th!! Collier Cm:nty Code of Laws and
Ordinances; and pwvidss for ar'! effective dat!!,
6/22/2004 S:OO'OO AM
1O!16ri()04 ';): 5l;: 5:'
Prepared By
Jeff Klatxkow
County Manall'~r's Offi&~
k6s~sta"t COlSrrt:jI Altom"jI
AM
C<lunty Att<lrnllY Office
Oat...
Approved By
Pat I.flhoh,>rd
Cell'll)' Ma~:ag\;"s Offica.
Administrntive A.~~ist3nt
Orfl/".e of Maru1gP.mP.nt I>. Bt,d~l"t
6116:N1l4 1;).23 AM
Approved By
Ji>ff Klatx~:!>w
CClmty M;\rl;\\lP.f'lt OffIcI'
Assistant C!>unty AttCr:li>Y
OatCl
Couotj Attorney 00'<;...
6!16r,.wo.: 11':>1 AM
Approved By
G;\ry A, Vincent
COlintv M<ln<l\}~"'!o omc>>
Mar03gl'rr;...nt & ;~udget .,Il,nalyltt
OatP.
OfflcCl cf ManagClmClnt &, Blldgi>t
6Ji6!200~ 1 :~5 PM
Approved By
David C. Welgel
COI;!1t>J M:;n:;gl';'s OO'co>
C<>unty Att<lrnllY
Date
County A.t\QmllY Off:C:P.
fiI1f./ZM41:51 PM
Approved By
Data.
Nancy Brarl!P.Y
CCIl:lt)/ Ma"3!iers Office
L*(lill S"Cf\;U.')'
County Atiorn...y om.;>>
6/16:20042:2;) PM
Approved By
Jami>s y, Mudd
Board of County
Comm,sslorlP.N<
County Managllr
Date
CQunty ManaY"($ om;::\;
6116/'10043:29 PM
-
Agenda Item No. 8G
June 22, 2004
Page 3 of 6
ORDINANCE NO. 04-_
AN ORDINANCE OF THE BOARD OF COUNTY COM1\fISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR IMPOSITION OF
ADDlTIONAL COURT COSTS IN CRIMINAL CASES; ALLOCATION OF
FUNDS RECEIVED FROM ADDITIONAL COURT COSTS; PROVIDING
FOR AMENDMENTS TO SECTION 939.185, FLORIDA ST A nrrES;
PROVIDING FOR CONFLICf AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES; PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, on November 3, 1998, the votm of FJori~ adopted Revision 7 to the
Florida COristiLution to amend Article V of the Constitution to provide for funding for the state
courts system. which.revision is effective July 1,2004, anll is set forth in Section 14 of Article V
of the Constitution of the State of Florida; <I,m]
WHEREAS, during the 2003 session of the State Le~slature, the Legislature amended
various provisions of the Florlda Statutes in orUcr to comply with the IUJuircmcnts of Revision
7; and
WHEREAS. after review, the legislature enacted further amendments to the Florida
Statutes in order to provjde a more equitable djstribu~ion ohesponsibUity for funding tne court
system; and
WHEREAS, the Rorlda Legislature created Section 939.185, Florida Statutes, to address
some of th~se concerns by provi4ing a supplemental funding source through additional court
COSl~, which Section 1.ll effective July 1,2004; and
WHEREAS, Section 939.1 85, Florida Statutes, allows eaeh county to adopt a county
ordin~ce ~..se$..wgadditional court CO'll.. not to exceed $65.00 when a perRon plead); guilty of
nolo contendere to, or found guilty of, any felony, misdemeanor, or criminal traffic offense under
the laws of thi~ ~1atc; and
WHEREAS. the additional funding mu~ be allocated. In equal patt.'l for: (l) funding
inn<JVation~ in the court system.; Q:) legal aid p}"()grdIIl~; (3) local law libnlrics; and (4)altcrnative
juvenile programs; 1lIld
WHEREAS, these arc pi'bg1'lltti.s thlltthe County has consistently ~'Upported through court
costs bl!Scd on their v.alue to t1u;. community; and
WHEREAS, the legislation allowing these additional costs requires that the local Board
'Of County COrnnUssiohers CIlact local legislation incorporating these costs; and
WHEREAS, lheseadditionalfundsare necessary in order for the courts in Collier County
to mairttaiilthcirhighlcvcl ofscrncc to the public.
P~e I ot3
Agenda Item No. 8G
June 22, 2004
Page 4 of 6
NOW, THEREFORE, BE IT ORDAINED by the Boaru of County CommissionCI"s of
Collier County, Florida, that:
Section L Additional Court Costs in Criminal Cases.
(a) Pursuant to Section 939.lS-:;;Florida Statute.", aU additiomll court cost of $65.00
(Sixty-Five Dollars) shall be imposed by the C(JUrt when a person pleads guilty or nolo
contendere to, or.i$ found g.uilty of, any felony, misdemeanor, or <..nrninllI triUf'ic \>ffcnsc under
the laws of this slate. Such addilionalllssessment shall be accounted for separately, is to be usC{}
only in Collier County. andjs to be allocaicdas follows:
1. Twenty-five percent (25%) of the amount collected shall he allocated to
fWid inlwvations to supplement st1ite funding fOr the elements oflhe state
courts sy.stem identified in Sectiort 29.004, Florida Statutes, and eounty
rundln~ for locai requirem~ts under Section 29.008(2)(a)2, Florida
Statutes.
2. Twenty-five percent (25%) of the amount collected shall he allocated to
-
2.<;llist Collier County in providing. legal aid programs required under
Section 29.008(3)(a); Florida Statutes.
3.
Twenty-five percent (25%) of the amount collected shall be allocated to
fund law personnel alldlegal materials for thepubUc as part of a law
lI'brary~
4. Twentr-five percent (2~%) 01 the amount: collected shall be used as
dclCnnincdby theCQUict COli1lty Board of Couniy Commissioncrs to
support teen court pro8t:uns~ juvenile as!\eSsment centers. and other
juvenile alternative prograrnsin Collier County.
(b) Anyuttspetlt fim1:l~ at theelOire of the county fiscal yearalltJCated under
subpar<IV.lphs 1, 3, an4 4, slulIl ~ tr:clO~~ for~se pur,mantto stibp~ph f,
(c) Thc. CQUftShlill Qrder a :pctwo to pay these additionlllcl}ur1. <..\)s15 inallmattcn
subject lothls Ordinance. If the. person isdelerrilined to. be iIldigenl, the Clerk shall defer
paymcnt of this cost.
Section 2. A:D1ebdIDenb to Section 939.185. Florida Statut4!s.
Amendments to Section 939.185. Florida St1itutes. if any, shall be deernedautoDlaticlIlly
...-~
included by reference. as of the effective date of the respectiv.e amendment(s), unless: the Board
of County Corn:tni:Ssianets istequited 10 make It decision:wilh .regard Lo the aIIlenJMJmrdljhL~~~~~O~~
P~e2or3 Page 5 of 6
. .~~!l!l'l'iIit'~,"1't<< i"l.,_~"'f'..~{;;, ".I",,,,,,,:'~',\io.!~
-.
EXECUTIVE SUMMARY
Re.quest that the Board approve the proposed Ordinance, Which Ordi,ulnce implements amended
Section 318.18(13), Floril/Q, Statutes, llnd provide!i for a sllrcharge on certain enumerated traffic
l'iolationaniJ offenses; anocates funds receil'ed from the surcharge, provides for amendments to
Se(ti01'l318.18(13), FJQ'I'id# Stamtes; pTo}liile:$ f()T Ci()nj1id and severability; provfdes jor inclusi()l{ i,.the
Collier CountyCocte ollows and Ordinances; anctproJlidesIor an effective do.te.
OBJECTIVE: 1l1tn the Board approve the proposed Ordinance, whicb Ordinance implements amended
Section 318.1&(13), Florida Statutes, and provides for a surcharge on certain enumerated traffic violation
and offertse5~a1lOcates rundsreceived {ronuhe surcharge; provides for amendments to section 318.18(n),
Florida Stalul.eS; provides for conlliCl and severabilily; provides for inclusion in lheCollier County Code
of Laws: and Ordinances; 3lld provides for an effective date.
CONSIDERATIONS: On November 3, 1998, the voters ofF1orida adopted Revision 7 to the Florida.
ConSuLulion toalIlelld Article Vof the COnStilulion to provide for fundillg for Lhe stale courts syslem;
which revision is effective July I, 2004, and is set fortb in Section 14 of Article V of the Constitution of
the State of Florida,
--
During the 2003 session of the State Legislature. the Legislature amended various provisions of the Florida
StaPltesin order wcomply with. the teql1iremeTlt$of .Revision 7. After reView, the legish:lrure eTlat::ted
further :amendments to the Florida Statutes in order to provide a more equitable distribution of
responsibility for funding the coUrt system.
The Florida Legislature amended Section 318.1&, Florida Statutes, byaddlng new subsection (B).
effective July). 2004, to addreSS sOme of these c<mcerns by providinga~'Uppleroental funding source
through imposition of asurcbarge. Section 318.18(13), Horida Statutes, allows eacbcounty to adopt a
-collbty Ordinance assessing a sutcbatg.enot to exceed $15.00 for those non~criminal traffic infractions set
forth in Chapter 318~ Florida Statutes, and certain criminal violations enumerated in Section 318.17,
Florida Statutes~ which surcharge must be used to fund state court facilities.
The legislationallowingtbese additional costs requires that the local Board of County Commissioners
enact local le~slation incotpota.ting these< costs;wbiCb COSIS are necessary .to help fund the courts in
Collier County,
FISCAL IMPACT: .&timated atmua.lrevenue ftQtll,the $lS surcharge is $700,000 and is inch~de4 in the
FY 05 budgetasa. revenue source,
GROWTHMANAGEMENT:IMP~CT; None.
RECOMMENDATION; That tbeBoard ~pprove the proposed Ordin~nce, Which Ordinance implementS
amended Section 318.18(13), Florida Statutes, and provides for a surcharge on certain enumerated. traffic
violatinn.tmd Qften$es~ allocates funQs received:ftQnt.theswx;harge; provides for. amendnlents to Section
318.1g(13:)~ Florida Statutes; provides for conflict and severability; provides for inclusion in the Collier
County Code of Laws. and Ordinances; andpmvides far an effective date.
.-.,.
Agenda Item No. 8H
June 22, 2004
Page 1 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number
8H
Item Summary
This item 1c be heard immediateiy foiloJwing ;;,1m IiG_ Request that th,; Board
apprO'lG' the f..rcpos€d ()rdinanr.e. which OrdinancE": tmp~f:m~;nt:; :3mended
SacHer. 318.18(":3), Fa".:rkJa Stc:tut~s. and prCNides fnr a surcha:r9~ on (;f~r..a:n
~rJumarate('~ tr3fflc v:o!at:('.'f1 and offe:1ses; a\:ocates 'funds r~r.:B~Vl?(~ from the
surr'..tIHrge; pro"V!('!es fCJ( i3rnandrr:~nt5 tc Section 3'18.-:8(13). Ficrida Statutes:
provides for t':Oni'l;r;t and sl':;'lv8n.~bmty; p:'ovides for indl:sion in the come, C(I:J:'tty
Code of Laws and Ordinances. a:-,d prcv~jes for 3fl efff:\(:t}.,'e da~l':;'l.
Meeting Date
10.'2212004 9:1)0-00 AM
Prepared By
6ii6!20(l4 ~:!;~:21
Jeff Klattlo:"".
A$",l",t;<n( C""..ty Att<mwy
AM
Cl>lmty M..r,all'''"'s Offl,e
C-:>unrl Attorney Office
Approved By
Pm l.p.hnt;:ml
I,dminit<tr:\tive A,<;$i",tant
n"t"
c<>,,,,ty M"""!i":'''' Offic"
Off:~.... of Management & Eh,d~"t
!U1f>:ZCC4 HUB AM
Approved By
J.,ff Klal:z~:!>w
Assistant C!>unty Att<>r:ley
Oat<<
Ccunty M~r:~sp.r'~ OffEce
(:ounly At!orn<Rji ()ff,c"
ISlii;r,WOt: 11- ~;Z AM
Approved By
Gary A. VinC".<Rm
M'm"\i"!f."r;~ $. BudY<Rt "'n"ly"t
Date
,..-
COti!fty M~~~~!!'(5'o Off;,:tl
Offic<< cf Manag<<m<<nt & Bt:dg.,t
6li6!200~ 1:~ PM
Approved By
Oavid C. Weigel
C-:>unty Attorne)'
Oate
CI)';nt-j M"F'''liH''' <lff'c"
CQunty A~(lrnp.y Offlc:p.
!ii1f.lZO<l4 1;55 PM
Approved By
~da..cy amd;~;
1.."'9:\l S"cr"(:;~;
Oat"
CCl:nt}l Mar'allers orne<<
County At~om"l" Off:..:t>
5J1f>:.20(l4 2:22 PM
Approved By
James V. Mudd
Be3rd of County
Commh\s.io~ers
County Manager
D3te
County M.mayer'", om;:"
611&:10043:31 PM
-
Agenda Item No. 8H
June 22, 2004
Page 2 of 5
ORDINANCE NO. 04-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR IMPOSITION OF A
SURCHARGE ON CERTAIN ENUMERATED TRAFFIC VIOLATIONS
AND OFFENSES; ALLOCATION OF FUNDS RECEIVED FROM THE
SURCHARGE; PROVIDING FOR AMENDMENTS TO SECTION
318.18(13)t rwRlDA STATUTES; PROVIDING FOR CONFLICT AND
SEVE.RABn..ITY; PROVIDING FOR INCLUSlON IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
'WlIEREAS, on November 3, 1995,lhe voters of Florida adopted ReviSion 7 to Lhe
Florida Constitution to amend Article V of the Constitution ~o provide for funding for the state
courts system, which revision is ejJective July 1, 2004. and is set forth in Section 14 of Article
V of the Constitution of the State uf Florida; and
WHEREAS, during the. 2003 session of the State Legislature, the Legislature amended
various provisions of the F10ridaSlatutes irtorder to comply with Lhe requirements of RevisioIl
7; and
WHEREAS, after review, the legislature enacted further amendments to lhe Florida
Statutes In order to provide a more equitable distributio.no[ responsibility for funding the court
system; and
WHEREAS, the Florida Legislature amended Section 31 &.18. Florida Statutes, by
adaing new subsection (l3), effective July 1, 2004, to address some of these concerns by
providing a supplemental funding source throughitnposition of a surcharge; and
WHEREAS, Section 318_18~13), Ronda Sta(ute~ allows each colinty to adopt a county
Qrdfnance llSscssing a surcharge nat to ex.eeed $15;00 fQr those non-criminal traffic infractions
setfurth in Chapter 318, Florida Sta~utes. and eerlain criminal riolations enumerated in Seetion
318.17. Florida Statutes; ilIi.d
WHEREAS:, thissur.charge must be u.~ed to fund state court facilities; and
WHEREAS~ the legislation aUo",'ing this additional surcharge requires that the local
Board of County Commissioners enact locaJ.legislationincotporating this charge; and
WHEImi\S,lhese additional f1Dlds are neceSsary in order for the cowts in this County
to maintain their high level of service to the public.
NOW, THEREFORE, BE IT ORDAINED by the Board ofCountyCommissiom:rs of
Colliei' County, Florida, that:
Page 1 00
Agenda Item No. 8H
June 22, 2004
Page 3 of 5
Section i.
S.urch.a~e io Cettain Enumerated TraDlc Violations and Offenses:
(il). Pursuant to Section 318.18(13), Florida Statutes, every persoIl who pays a fille or
civil penalty for any violation of a non-criminal trufflc infraction pursuant to Chapter 318,
Florida Statute$, and every person who pleadS guilty or nolo contendere or is convicted,
regardles.s of adjudication, of those of tenses ellumerated in Section 318.17, Florida Statutes,
shall be assessed a surcharge of $15.00 (Fifteen Dollars), This surcharge is in addition to any
penalties imposed fot llOn-crirniual traffic infraCtions pUrsuaiit to Chapter 318, Florida Statlites,
or imposed for criminal violations listed 10&;(;tlon 31lt 17, Florida Statutes..
(b) The colUt. shall order paYl'llcntof this mrcharge in all matters subject to this
Otdi.rill:ncc. Thccuurt shall not waive this SUrcharge.
(c) The funds collected pursuant to this Ordinance shalll:>e used to fund state court
facilities. Funds colle<.1ed pursuant to this Ordinance shall be expended us provided by the
BoanlofCounty Co!lliIiisslonchl iil coilsu1tation with the: Chief Judge.
Sedion2.
Amendments to Seetion318.18(13). Florida Statutes.
Amendments to Set..-tion 318.18(13), Florida Statutes, if any, shall be decmcd
autOIIlil1iCliUy included byrel~~nce, ~s Qft.be efi'ective date of the respective amendmenl(s),
.unless:. the Board of County Commissioners is required to makell decision with regard to the
amendment; or the amendrnwt(s) delegates a .discretionary (local option) decision to the Board
\:If CQlJlltyCommissioners and the Board of County Commissioners determines that the
discretionary (local opdon) provision(s)sballnot apply withill comer County. or shalJ apply
within Collier Cuunly only as locally modified by the Board of County Colllll1i.ssioners.
Section 3~
Conflict and Severabillty.
IJltbe e'Ventthis Ol'dinanceoontli<;t$ with any other ordinance of CoIlierCouflt}' or other
~1>pHcable law. me more restrictive shall apply. If any section, subllection, sentence. clause,
phrase or provision of this Ordinance. is for any reason held invalid or uncQnsututitmal by any
court of Competent jurisdi.ctioo, such holding shall not be coil..~ttued"to render the remaining
J.lToVisio.ns pi this Ordinance Invali<J or IillconstifutionaL
See60n 4.
Inclusion in Code of Laws andOtdi~es.
1'heprovi.SiotiS of this Ordinance shallbecoli1.e and bernade a part of the Code of Laws
and Ordinances of C<.>llicr County, Florida. Tbe sccti<.>l:\s of thcOrdirian~c may be numbcn:d or
,..-..
Pag~ 2 on
Agenda Item No. 8H
June 22,2004
Page 4 of 5
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-
Q
MEMORANDUM
DATE: June 2, 2004
TO: Jim Mudd, County Manager
FROM: Tom Henning
Commissioner, District 3
SUBJECT: Advisory Board Volunteers
~.
It occurred to me that we have an ''Employee of the Month" and ''Employee of the
Year" program at Collier County Government; however, we do not have any program
to highlight and honor the many volunteers that serve on the 50+ advisory boards.
I request that you place an item on the next available agenda for Board discussion to
create a program such as "Volunteer of the Month", "Volqnteer of the Quarter", and/or
"Volunteer of the Year". Although a monetary gift would be welcome by the
volunteers, similar to the employee compensation, I don't think its necessary (perhaps
not even lawful) in this case. I just feel that it may be important for us to start
recognizing those who give of themselves to assist in improving the workings of county
government.
Your assistance and input would be greatly appreciated
Tom Henning
Commissioner, District
Thank you.
TH:mst
.-
Agenda Item No. 9A
June 22, 2004
Page 1 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
9A
Item Summary
This item continued from the June 8, 2004 Bee Meeting. Highlight and honor
Meeting Date
volunteers that serve on the 50+ advisory boards. (Commissioner Henning)
6/22/20049:00:00 AM
Prepared By
Sue Filson
Executive Manager to the Bee
Board of County
Commissioners
BCC Office
Approved By
James V. Mudd
County Manager
Dat.e
Board of County
Commissioners
County Manager's Office
6/11/20042:10 PM
_.
Agenda Item No. 9A
June 22, 2004
Page 2 of 2
--
ffi~o/Cf/~ Cf/~ ~~
3301 East Tamiami Trail · Naples, Florida 34112. 4977
(239) 774-8097. Fax (239) n4.3602
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W, Coyle
District 4
Jim Coletta
Olstrict 5 .
The Honorable Bill Barnett, Mayor
City of Naples
735 Eighth Street South
Naples, Fla. 34102
May 27,2004
ReCEIWOCOUNTY ~ OP'1C)t;
-
MAY 2 8 200~
ACTION
FILE
Dear Mayor Barnett:
Based on a discussion by the Board of County Commissioners (BCC) at our regular meeting on May 25,
2004, we are requesting input from the municipalities regarding the issue of dual memberships on
committees.
In particular, committees like the Coastal Advisory Committee (CAe) and the Tourist Development
Council (TDC) make decisions on the appropriations of millions of dollars, and we, as custodians of these
funds, must assure these decisions are reached deliberately and fairly,
".-....
Whereas the CAC recommends appropriations of significant dollars to the IDC, some members of the
Board of County Commissioners have expressed concern arising from perceived conflicts of interest with
one person belonging to both the CAC and the TDC.
The Board at its most recent meeting voiced a desire to consider provisions in the two ordinances that
would provide measures to preclude dual memberships across such intertwined, interacting bodies acting
in an advisory capacity to the Board.
However, prior to discussing the issue further, we are requesting your input and advisement on duplicate
me~berships in committees/councils like the CAC and IDe that advise the BCC.
I'd appreciate a response from your council before the June 2~ BCC meeting when the Board will
continue our discussion of this issue. Your response will be included as backup to that agenda item.
Your cooperation and consideration are appreciated. Jllease dari't hesitate to call if you have questions.
Sincererg I _
~~~
Donna F ala, Chairman
Board of County Commissioners
.-
Cc: James V. Mudd, County Manager /"
Leo E. Debs, Deputy County Manager
Board of County Commissioners
Everglades City Council
~
~ No. 98
June 22, 2004
Page 1 of 5
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
PlJowdo/~~ ~~ ~~
3301 Eas1Tamiami Trail- Naples. Florida 34112 - 49n
(239) n4-8097. Fax (239) n4-3602
May 27, 2004
The Honorable Terri DiSciullo, Chairwoman
Marco City Council
Marco City Hall
50 Bald Eagle Drive
Marco Island, Fla. 34145
Dear Chairwoman DiSciullo:
Based on a discussion by the Board of County Commissioners (BCC) at our regular meeting on May 25,
2004, we are requesting input from the municipalities regarding the issue of dual memberships on
committees.
In particular, committees like the Coastal Advisory Committee (CAC) and the Tourist Development
Council (IDC) make decisions on the appropriations of m-illions of dollars, and we, as custodians of these
funds, must assure these decisions are reached deliberately and fairly.
Whereas the CAC recommends appropriations of significant dollars to the me, some members of the
Board of County Commissioners have expressed concern arising from perceived conflicts of interest with
one person belonging to both the CAC and the TDC.
The Board at its most recent meeting voiced a desire to consider provisions in the two ordinances that
would provide measures to preclude dual memberships across such intertwined, interacting bodies acting
in an advisory capacity to the Board.
How.ever, prior to discussing the issue further, we are requesting your input and advisement on duplicate
memberships in committees/councils like the CAC and TOC that advise the BCC.
r d appreciate a response from your council before the June 22 BCC meeting when the Board will
continue our discussion of this iss~. ~_our response will be mC?luded as backup to that agenda item.
. .-.... ..
Your cooperation and consideration are appreciated. Please don't hesitate to call if you have questions.
Sincereyt}\ I _
~~d
Donna F Ill, Chairman
Board of County Commissioners
Cc: James V. Mudd, County Manager
Leo E. Ochs, Deputy County Manager
Board of County Commissioners
Everglades City Council
~~
Page 2 of 5
. Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Colet1a
District 5
Pl3~o/W~ ~~ ~~
3301 East Tamiami Trail · Naples, Florida 34112 - 4977
(239) 774-8097. Fax (239) 774-3602
May 27,2004
The Honorable Sammy Hamilton
Mayor, Everglades City
P.O. Box 110
Everglades City, Fla. 34139
Dear Mayor Hamilton:
Based on a discussion by the Board of County Commissioners (BCC) at our regular meeting on May 25,
2004, we are requesting input from the municipalities regarding the issue of dual memberships on
committees.
In particular, committees like the Coastal Advisory Committee (CAC) and the Tourist Development
Council (IDC) make decisions on the appropriations of millions of dollars, and we, as custodians of these
funds, must assure these decisions are readied deliberately and fairly.
Whereas the CAC recommends appropriations of significant dollars to the IDC, some members of the
Board of County Commissioners have expressed concern arising from perceived conflicts of interest with
one person belonging to both the CAC and the TDC.
The Board at its most recent meeting voiced a desire to consider provisions in the two ordinances that
would provide measures to preclude dual memberships across such intertwined, interacting bodies acting
in an advisory capacity to the Board.
However, prior to discussing the issue further, weare requesting your input and advisement on duplicate
me~berships in committees/councils like the CAC and TDC that advise the BCC.
1'd appreciate a response from your council before the June 2~ BCC meeting when the Board will
continue our discussion of this issue. Your response will be included as backup to that agenda item.
Your cooperation and consideratiou"- an; appreciated. Please don'-'t hesitate to call if you have questions.
Sffi=elY/L d&
Donna F~hairman
Board of County Commissioners
Cc: James V. Mudd, County Manager
Leo E, Ochs, Deputy County Manager
Board of County Commissioners
Everglades City Council
~~
June 2, '004
Page 3 of 5
~\
RECEIVED COUNTY MANAGER OFfICE
- -,
- :JUN - S 2004
. rt::,::c,t:n..n::n
.Ji .~~...... ....,f.....~ 1 t.._..-
ACTION
FLE
~ ~ ] ;-~J H ;' 2GG~
~~r/~
~Ollf'f; ,,1' ,;',,!i1i'. ~ :: \:1Il ill I ::;~!lm~r$
BILL BARNETI'
MAYOll
COpy
June 3, 2004
The 'H'cmorable Donna Fiala; Ch"alnnan
Board of Collier County Commissioners
3301 East TamlamlTrall _
Naples, FL 34112-4977 ~
-------
-----
--~
-.:::: ---'~--,. ~~
~--I-
I am ,~espoJldl
perce,ived co
the CAC and t
was that
Interes
and bee
to make ~ dacl~~o '
.. wish you and the Board of County Co sloners Ii py,
healthy summer and look forward to our continuing spirit of
cooperation.
dated May 27, 2004 regarding
with one arson belonging to both
ensus t Naples City Council
or conflict of
-
nly,
ority
~p.r.sonalregard~ _
~ill B~mett
Mayor
73S EIGIrI'H S1'REEl' soum . NAPLES, FLORIDA 34J02-6796
TELEPHONE (239) 213-1000 PAX (239)2J3-1010 CELL (239) 4s0-0045
EMAJL: MayOINlIpJca(jtaoLc:om HOMS PAX (239) 417-5883
~
Agenda Ite~p. 98
June 2004
Pa 4 of 5
,-
Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
98
piOjects and funding. (Commissioner Fiala)
Discussion regarding dual membership on committees dealing with TDe
6/22/20049:00:00 AM
County Manager
County Manager's Office
Date
6/11/20043:17 PM
Agenda Item No. 98
June 22, 2004
Page 5 of 5
filson s
-
From:
Sent:
To:
Subject:
fiala d
TueSday, June 15, 2004 8:33 AM
filson_s
FW: CAC and TOC Boards
Sue -- FYI.....Kathy
-----Original Message-----
From: terri626@juno.com [mailto:terri626@juno.com]
Sent: Tuesday, June 15, 2004 12:38 AM
To: fiala d
Subject: CAC and TDC Boards
Dear Donna,
At last Monday's City Council Meeting, I asked the Council how they felt about having the
same person on the CAC and TOC Boards. I specifically wanted to know how Mr. Arceri and
Mr. Tucker felt about it since they already serve on the Boards.
They felt, as well as the rest of Council, that the Board of County Commissioners should
make that decision. We felt that it could be a conflict to have the same person on both
Boards, obviously because the TOC could approve or disprove an expenditure for the CAC.
Both John and Glenn felt, however, that even if there are two different people on both
boards, but they are both from Marco, they are more likely to vote the same way because
they are representing the same constituents.
I hope we have been of some help to you. Our Council can support your decision either
way.
Sincerely,
Terri OiSciullo
Chairwoman
Marco Island City Council
1
crB
.---.
EXECUTIVE SUMMAR Y
RECOMMENDATION TO DECLARE A VACANCY ON THE COLLIER COUNTY CODE
ENFORCEMENT BOARD
-----------------------------------------------------------------------------------------------------------------
OBJECTIVE: To declare a vacancy on the Collier County Code Enforcement Board and to direct
staff to issu~ a press release soliciting resumes in an effort to fill the vacant position.
--
CONSIDERATIONS: Ordinance No. 2001-55, Section 8, reads as follows: "It is the intent and
strong dcsire of the Commission that there be full attendance of advisory Board members at all
meetings of the Boards, recognizing, however, that it may be necessary for Board members to be
absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at
Board meetings is encouraged and necessary [or the proper operalion o[ the Boards and in
furtherance thereof the following requirements are established: A. Any Board member who is absent
for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have
tendered his or her resignation for such Board. The Commission shall, as soon as practicable after
such resignation, declare the position to be vacant and shall promptly fill same pursuant to the
provisions of Section Six herein. The Board member shall not serve at any meetings after his or her
position is declared vacant by the Commission. B. In the event that any Board member is absent
from two consecutive Board meetings without a satisfactory excuse acceptable to the Board
chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and
shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board
member's failure to attend without satisfactory excuse. The Commission shall review the Board
Chairman's notification at a Commission meeting and shall declare the Board member's position to be
vacant if the Commission concurs that the Board member was absent from two consecutive Board
meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of
Section Six herein. The Board member shall not serve at any meetings after his or her position is
declared vacant. C. A member of a Board shall be deemed absent from a meeting when he or she is
not present during at least 75% of the meetings.
Attached is a memorandum from the Chairman of the committee requesting that the Board of County
Commissioners declare a vacancy for Robert E. Dowling's seat representing an ALTERNATE
position due to numerous unexcused absences and direct staff to advertise to fill the vacancy.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the recommendation to
declare a vacancy on the Collier County Code Enforcement Board and direct staff to issue a press
release soliciting new members. It is also recommended that the Board of County Commissioners
direct the County Attorney to prepare a resolution declaring the position vacant.
Prepared By:
Sue Filson, Executive Manager
Board of County Commissioners
.-.
Date:
JUNE 22, 2004
Agenda Item No. 9C
June 22, 2004
Page 1 of 6
COLLIER COUNTY
-.
BOARD OF COUNTY COMMISSIONERS
Item Number
9C
Item Summary
Recommendation to declare a vacancy on the Collier County Code
Enforcement Board.
Meeting Date
6/22i2004 9:00:00 AM
Prepared By
Sue Fi~son
Executive Manager to the BCe
Bo;"r;:;:~f County
Comty,t<;sioners
Bec Office
Approycd By
James V. Mudd
County Manager
Oat.c
Bomd of County
Commissioners
County Manager's Office
6/14/20042:33 PM
.-
Agenda Item No. 9C
June 22, 2004
Page 2 of 6
Ii'
\U
Memorandum
TO:
Board of County Commissioners
FROM:
Clifford Flegal, Chairman
Code Enforcement Board
DATE:
June tt, 2004
SUBJECT:
Robert E. DowliDg, Code Enloreement Board - Alternate
Mr. Dowling was appointed as an alternate for the Code Enforcement Board on or about February
11, 2004. Since that time he has missed the following meetings:
1. March 18,2004 (CEB Workshop)~ no excused absence (i.e. no callI no show).
2. March 25, 2004 (CEB Regular Meeting); excused absence
3. April 7, 2004 (CEB Special Meeting) no excused absence (i.e. no callI no show).
4. April 22, 2004 (CEB Regular Meeting) no excused absence (i.e. no calli no show).
5. May 27. 2004 (CEB Regular Meeting) no excused absence (i.e. no callI no show).
In accordance with Ordinance 92-80, if any member fails to attend two or three successive board
meetings without a satisfactory excuse and without prior approval of the Chairman, the
Enforcement Board shall declare the member's office vacant and the Commission shall promptly
fill the vacancy. On May 27. 2004 the Code Enforcement Board requested staff to request the
Board of County Commissioners to declare Mr. Dowling's seat vacant and haye the position filled.
Staff is therefore recommending that Mr. Robert Dowling be removed from the Code Enforcement
Board and that his seat be declared vacant and the vacancy fined.
Code EDforcemeDt DepartmeDt
CommuDity DevelopmeDt & EDvirODmeutal Serviees Divi.s&ienda Item No. 9C
2800 North Honesboe Drive June 22, 2004
Page 3 of 6
Collier County Code Enforcement Board - North
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Albert Doria, Jr. 403-3940 02/11103 02/14/06 3 Years
6134 Po IIy Avenue 774-5211 10/28/03 02/14/05 2 Years
Naples, FL 34112
E-Mail:
Di.ftrict: 1
Category: REGULAR - Business-Insurance
Mr. Raymond J. Bowie 435-1007 10/28/03 02/14/04 4 months
2175 Sheepshead Drive 775-0010 04/27/04 02/14/06 2 Years
Naples, FL 34102
E-Mail: RealtyCounse1@earthlink.net
District: 4
Category: REGULAR - Attorney - Real Estate
Mr. Robert E. Dowling 659-6197 02/10/04 02/14/06 2 Years
~ 7558 Cordoba Circle 598-5972
,"'-' Naples, FL 34109
E-Mail:
District: 2
Category: AL TERNA TE -
Ms. Sheri Barnett 591-2149 09/10/02 02/14/05 3 Years
1160 27th Street, S.W. 455-4296
Naples, FL 34117
E-Mail:
DistricJ: 5
CaJegory: REGULAR - Financial Planning
Mr. Clifford Wesley Flegal, Jr. 774-5966 06/03/97 02/14/00 8 months
237 Memory Lane, #4 774-5966 01113/04 02114/07 3 Years
Naples. FL 34112
E-Mail: sflegall@worldnet.att.net
District: 1
CaJegory: REGULAR/Realtor
--.
Tuesday, April 27, 2()(J4
Page J of)
Agenda Item No. 9C
June 22, 2004
Page 4 of 6
---- Collier County Code Enforcement Board - North
Name Work Phone Appl'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Roberta Dusek 774-2428 07/28/98 02/14/01 3 Years
963 Fountain Run 261-1111 01113/04 02/14/07 3 Years
Naples, FL 34119
E-Mail:
District: 3
Category: REGULAR - Realtor
Mr. Gerald J. Lefebvre 659-2449 04/28/02 02114/03 1 Year
4401 Beechwood Lake Drive 775-8604 02111103 02114/06 3 Years
Naples, FL 34112
E-Mail:
District: 1
CaJegory: REGULAR - Real Estate/Zoning
Mr. George P. Ponte 02118/97 02/14/00 3 Years
565 Augusta Boulevard, Apt. 10 793-1370 02111/03 02/14/06 3 Years
r- Naples, FL 34113
E-Mail:
District: 1
CaJegory: REGULAR - Retired CBS Employee
Mr. Christopher Ramsey 592-0840 10/28/03 02/14/06 3 Years
363 Torrey Pine 417-0228
Naples, FL 34113
E-Mail: gcrjd@aol.com
District: I
Category: REGULAR - Attorney
~-
TUDday, April 27, 20fU
Page2of3
Agenda Item No. 9C
June 22, 2004
Page 5 of 6
Collier County Code Enforcement Board - North
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 7 member board was creeted puntuant to Chapter 182 01 the Fl Stat. by Ordi..nce 88-89
and is composed of, but not limited to. individuals representing the occupatiOO$ of architect,
businessman, engineer, general contractor, subcontractor and Reaftor and are considered. in
part. on the basis of experience or interest in the areas 01 the codes and ordinances to be
enforced. Members.e required to file a Fonn 1 S1atement of Rnanciallnterest each year with
the SUpelVisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Two alternate
members were approved by Ord. 96-78 on 1213196.
FL STAT 162
Staff: Michelle Arnold, Code Enforcement Director:: 403-2413
--
TUGrloy, April27, 2004
PDgeJofJ
Agenda Item No. 9C
June 22, 2004
Page 6 of 6
F~'lk~~#I.~ A~
1~:
F~:
~:
~:
H~I1~~I1~~~~
~~ D. p~, C!:.t, ~ \2-D~
k~ 2~, 2004-
V~ StuJ. O~
This memo is in response to a memo from Mayor Barnett dated May
24, 2004 requesting to know exactly what authority Council has
regarding boat speeds on Naples Bay. This memo summarizes and
is consistent with my previous opinion dated May 5, 2004.
· Council may regulate boat speeds in Naples Bay, Dollar Bay
and the Gordon River (and other waters in City) for the
following reasons and under the following restrictions:
.-
1. SAFETY/WELF.ARE=prevention of injury to persons or
damage to property (boats, markers, etc.).
2. ~T.EE protection.
· The ordinance does not become operative until markers are
erected.
· Permission to obtain markers comes from the Fish and
Wildlife Conservation Commission (FWCC).
SAFETY/WELFARE CRITERIA
FWCC will grant permission for markers to be installed
for SAFETY/WELFARE purposes if criteria for approval
(long list) are met including:
Idle speed-No Wake Zone.
· Data showing a high risk of collision or danger
to persons exist.
· Must be shown through boating accident reports,
citations, vessel traffic studies or other
creditable data.
"-
Agenda Item No. 9D
June 22,2004
Page 1 of 3
Honorable Mayor and Members of City Council
May 26, 2004
Page Two
Slow Speed-Minimum Wake Zone.
. Data showing unsafe levels of vessel traffic
congestion, . navigational hazards and significant
threat to public safety.
. Must be shown through accident reports, citations,
vessel traffic studies or other creditable data.
MANATEE PROTECTION CRITERIA
FWCC will grant permission for markers to be installed
for MANATEE PROTECTION purposes if criteria for
approval are met including:
. Must be based upon the best available scientific
information, other available relevant and
reliable information, surveys, observations,
studies of food sources and water depths, and a
conclusion that manatees inhabit these areas on a
regular basis.
. If City and FWCC see disagree, a local manatee
protection committee must be formed.
NOTE: Vessel speed regulations based upon degradation of the Bay
and planned restoration of the Bay do not appear to be approved
cri teria and should not be used as a basis for establishing
speed zones.
CC: Dr. Robert E. Lee, City Manager
Dr. Jon Staiger, Natural Resources Manager
RDP!plr
--
Agenda Item No. 9D
June 22, 2004
Page 2 of 3
-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9D
Request BCC discussion for Chairman Fiala to write a letter on behalf of the
8eard to State Department lFlorida Fish & 'Nikllife Conservation Commission,
Division of Law Enforcement, Office of Boating & WatervVays, 620 South
Meridian Street, Tallahassee. FL 32399-1600] to oppose the City of Naples
proposal for more stringent vessel speed z.ones in Naples Bay, Donar Bay, and
Gordon Pass, citing insufficient reason and evidence to warrant such change.
6i22i2004 9:00:00 At\t1
Prepared By
Sam Tucker
Board of County
Commissioners
Executive Aide to the BCC
6/15/200412:29:52
PM
- <\pproved By
Bec Office
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
Approved By
BCC Office
6/15/20041:45 PM
Jamt:ls V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/15/2004 2:01 PM
Agenda Item No. 90
June 22, 2004
Page 3 of 3
,-.
EXECUTIVE SUMMARY
RecoID.Dlcnclation to rename the county's Lake Trafford Park in lmmokalee the
"Ann Olesky Park" in recognition of the contributions of long-time Immokalee
resident .~:fid spirited conlIt1umty activiSt Ann Olesky who w~s a driVing force ill the
Lake TndTonI restoration initiative.
OBJECTIVE: For the Board of County Commissioners (BCC) to approve renaming a
OOUI1ty park fOllowing the guidance of the county policy for naming a county building,
sttUc1uteor facility. .
CONSIDERATIONS: The BCe has adopted a policy for naming of a county~owned
building. strticture or Jacility to .honor an individual who has directly benefited Collier
County and specifically the area of the facility proposed to be named in their memory.
.,,-....
A. Collier County resident and long-time supporter of Lake Trafford. Ann Olesky's
tenacity, djJig~nce.. and emotlonalenergy were instrumental jn formation of theLal<e
Trafford Restoration TaskForce. Her dedication and unrelenting efforts are credited with
bririging forth the tecbIiical, finantial and political support of the Lake Trafford
restoration Qntl1epartof the BCC. :Big Cypress Basin. South Florida Water Management
District, Florida. Fish and Wildlife Conservation Commission, U.S. AnnyCorps of
Enginee.rsand. lJnn10kalee Chamber of Commerce.
Upon approval by theBCC lorelUirile this park the .'Ann Olesky Park," county staff will
use this name in all subsequeritteports and literature.
..
FISCAL IMPACT: Staff has prep:ued a budget arnendmentttansfening $2,500 for
signageftom the .Parks and Recreation Fund 111 Reserves to theappropnate line item
within the Parks Immokalee Maintenance bu.dget. All name changes in reports and
literature will be: made during routine updates.
. GROWTH MANAGEMENT IMPACT: Thete is no Growtb. Management Impact
associated withthisiten1.
l{ECO~~i\'l'.()~: That. the Board QfCounty Commissioners approve renaming
Lake TraffotdPatkthe "Ann QleskyPark."
.-
Agenda Item No. 9E
June 22, 2004
Page 1 of 3
Item Number
Item Summary
Meeting Date
A pproved By
Jeff Klab:l<ow
County Manager's Office
COLLIER COUNTY
SOARD OF COUNTY COMMISSION:::RS
9E
Recommendation to renarTH~ the county's Lak~; Tr,~fford Park in immoka!;~e th~;
"Ann Oi!!sky Park" in recognition of lh6 Gontrib;;tions of long-limB ;rr;mokaie!!
resident and spirited community activist Am. Olesky who was a driving farce in
the Lake Trafford restoration :niiiat!vs, (Comrr:;ssiofler COletta)
6i22j2004 9:00:00 ~J.':
Assistant Ct.,l.mty Attorney
Oatr:
County Attorney OffiE>2
Gi1 5!2004 8:4" AM
Approved By
Amanda Towns~nd
Public S~!t"{icr,-'i
Opar;;tkms Cr,orrJinalm
Date
Paric:s and Rr,cm"ltlon
6i15!2004 '10:29 AM
Approved By
G;.lfY A. Vincent
C(}unly Managsf's Offic(1
Managemf;nt & Bu,lgf;t Analyst
Date
Offica of MalUjgam~mt & Bl;dget
6115!200412:51 PM
A pproved By
Marla Ramsey
-
Public Services
Parks & Recreation Director
Date
Parks 3no Recreation
6!15f2004 4:39 PM
Approved By
Michael Smyko.....ski
Count-j Manager"s Office
Management 8. Budget Dimctor
O"te
Office of Management & Budget
ti'l5i2004 5::'12 PM
Approved By
James V. Mudd
SCItH! of COlmty
Commissioners
Ccunty Manager
Date
County Manager's Office
6!15f2004 5: 55 PM
-,
Agenda Item No. 9E
June 22, 2004
Page 2 of 3
wighCd
From:
Sent:
To:
Cc:
Subject:
coletta j
Sunday, June 13, 2004 6:05 PM
muddj; stone_w; wight_d
Comm issioners
Renaming the lake Trafford Park to Ann Olesky Park
Dear Jim Mudd
Would you please add for discussion to the June 22nd BCC agenda, the renaming of the .'ake Trafford Park" to the
"Ann Olesky Park". Annie past away Sunday around 11 am and will be missed by all. She was well know through out
Collier County for her spirited community activism and is well recognized as the driving force behind the Lake Trafford
restoration. It was her final wish to be cremated and for her ashes to be cast upon lake Trafford after the restoration takes
place.
r sincerely believe that the renaming of this facility in her honor would be the appropreate action for the commission to
take in honor of this wonderful lady.
Jim Coletta
Commissioner District #5
1
Agenda Item No. 9E
June 22, 2004
Page 3 of 3
EXECUTIVE SUMMARY
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CODE ENFORCEMENT
BOARD
OBJECTIVE: To appoint 1 member to fulfill the remainder ofa vacant term representing an
ALTERNATE position, expiring on February 14,2007, to the Collier County Code Enforcement
Board.
CONSIDERATIONS: The Collier County Code Enforcement Board has 1 vacancy
representing an Alternate. This 7 member board, plus 2 alternate members, is composed of, but
not limited to, individuals representing the occupations of architect, businessman, engineer,
general contractor, subcontractor and Realtor and are considered, in part, on the basis of
experience or interest in the areas of the codes and ordinances to be enforced. Members are
required to file a Form 1 Statement of Financial Interest each year with the Supervisor of
Elections. Terms are 3 years. A list of the current membership is included in the backup.
Mr. Raymond J. Bowie was appointed to the board as an Alternate member on October 28,2003.
On April 27, 2004, Mr. Bowie was appointed as a regular member. A press release was issued
and resumes were received from the following interested citizen:
APPLICANT
CATEGORY
DIST ELECTOR ADV. COMM.
~ None
I Nicolas P. Hemes
I Alternate Member - Business
COMMITTEE RECOMMENDATION:
Quasi-Judicial- no recommendation
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the request for
appointment, appoint 1 member, and direct the County Attorney to prepare a resolution
confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: JUNE 22, 2004
-.-- -\-E:fY\ q ~
COLLIER COUNTY
BOARD OF COUNTY COMMiSSiONERS
Item Number
9F
Item Summary
Meeting Date
f\ppoinlment of member to U)e CoBler County Code Enforcement Board.
61'2212004 9:QO:OO .A.~/:
Prepared By
SuftFiffiol':
Executjv~ M~flaser tQ the BCe
ti14i200410:23:48
AM
Board of County
Commissioners
BCC Oftir;a
Approved By
James V. Mudd
Board of County
Commissioners
County Manllger
Date
County Manage;r's OffiCft
6i16!2{l{l4 9:52 AM
Agenda Item No. 9F
June 22, 2004
Page 2 of 10
Memorandum
f~~-(~r-:~: /:._".....
.. .~ .' . /
'"
r-"5
From:
Sue Filson, Administrative Assistant
Board of County Commissioners
.,..f1f
Michelle E. Arnold, Code Enforcement DirectorLl'
June 14, 2004
To:
Date:
Subject:
Candidates for Code Enforcement Board Vacancy
The resumes for the applicants listed below were reviewed and these meet the Code
Enforcement Board Ordinance No. 92-80, general classification requirements in the
following categories:
NAME
CATEGORY
DISTRICT
Nicolas P. Hemes
Business
Three
If you need further assistance. please advise.
MEA/sib
Code Enforcement Department
Community Development & Environmental Services Division
Agenda Item No. 9F
June 22, 2004
Page 3 of 10
Collier County Code Enforcement Board - North
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Albert Doria, Jr. 403-3940 02/11/03 02114/06 3 Years
6134 Polly Avenue 774-5211 10/28/03 02114/05 2 Years
Naples., FL 341] 2
E-Mail:
District: 1
Category: REGULAR - Business-Insurance
Mr. Raymond J. Bowie 435-1007 10/28/03 02/14/04 4 months
2175 Sheep shead Drive 775-0010 04/27/04 02114/06 2 Years
Naples, FL 34102
E-Mail: ReahyCounsel@earthlink.net
District: 4
Category: REGULAR - Attorney - Real Estate
Mr. Robert E. Dowling 659-6197 02110/04 02/14/06 2 Years
7558 Cordoba Circle 598-5972
Naples, FL 34109
E-Mail:
District: 2
Category: AL TERNA TE -
Ms. Sheri Barnett 591-2149 09/10/02 02114/05 3 Years
1160 27th Street, S.W. 455-4296
Naples, FL 34117
E-Mail:
District: S
CaJegory: REGULAR - Financial Planning
Mr. Clifford Wesley Flegal, Jr. 774-5966 06/03/97 02/14/00 8 months
237 Memory Lane, #4 774-5966 01113/04 02114/07 3 Years
Naples, FL 34112
E-Mail: sflegall@worldnet.att.net
District: 1
CaJegory: REGULARlRealtor
Tuesdq, June 15, 2004
Page 1 of3
Agenda Item No. 9F
June 22, 2004
Page 4 of 10
Collier County Code Enforcement Board - North
Name Work Phon~ Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Roberta Dusek n4-24128 07n.8/98 0211410 I 3 Years
963 Fountain RUD 261-1111 01/13/04 02114107 3 Years
Naples, FL 34119
E-MaU:
District: 3
Category: REGULAR - Realtor
Mr. Gerald J. Lefebvre 659-2-449 04/28/02 02114/03 I Year
4401 Beechwood Lake Drive n5-S604 02/11/03 02/14/06 3 Years
Naples, FL 34112
E-Mail:
DistricJ: 1
Category: REGULAR - Real Estate/Zoning
Mr. George P. Ponte 02/18/97 02/14/00 3 Years
565 Augusta Boulevard, Apt. 10 793-1370 02/11/03 02114/06 3 Years
Naples, FL 34113
E-Mail:
District: 1
Category: REGULAR - Retired CBS Employee
Mr. Christopher Ramsey 592-0840 I on. 8/03 02/1 4/06 3 Years
363 Torrey Pine 417-Q228
Naples, FL 341 13
E-Mail: gcrjd@aol.com
District: 1
Category: REGULAR - Attorney
02114/07
Naples, FL
E-Mail:
District:
Category: AL TERNA TE
TlUSilay, JUlII61S. 21J1U
Pagl6 2 of J
Agenda Item No. 9F
June 22, 2004
Page 5 of 10
Collier County Code Enforcement Board - North
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt lndExpDote 2nd Term
This 7 member board was created pursuant to Chapter 162 of the FL stat by Ordinance 88-89
and is composed of, but not Umited 10. individuals "'Pf1I68rlting the oa:upations of architect,
businessman, engineer. general contractor, subcontractor and Reattor and are coosidered, in
part, CHi the basis of experience or interest in the areas of the codes and ordinances to be
enforced. Members are required to file a Form 1 Statement of Financial Interest each year with
the SUpervisor of E.Jectia1s. Terms are 3 years. This is a Quasi Judicial Board. Two aItemate
menlbers were approved by Om. 96-78 on 1213196.
FL STAT 162
&.jf: Michelle Arnold, Code Enforcement Director.: 403-2413
TU/!3day, June 15, 2(J(U
Page3 of J
-
Agenda Item No. 9F
June 22, 2004
Page 6 of 10
MEMORANDUM
DATE:
June 9, 2004
FROM:
E~oomO~e $
Sue Filson, Executive Manage ,
Board of County Commissioner ;/
TO:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory connnittees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
CODE ENFORCEMENT BOARD
COMMISSION DISTRICT
Nicolas P. Hemes
6017 Pine Ridge Road, Suite 123
Naples, FL 34119
I~
c})
Thank you for your help.
- ~_.~
~.~::~ ('.\~~.'~';
t......
'Doc.., \, ',.
.. Ul,rt "
,", ,;'. :.I:~ ~ oners
Agenda Item No. 9F
June 22, 2004
Page 7 of 10
MEMORANDUM
DATE: June 9, 2004
TO: Michelle Amol~ Code Enforcement Director
FROM: Sue Filson, Executive Manager :#I- '
Board of County Commissioners
RE: Collier County Code Enforcement Board
As you know, we currently have a vacancy 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:
Nicolas P. Heroes
6017 Pine Ridge Road, Suite 123
Naples, FL 34119
-
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time- ftame, and I will prepare an executive summary for the Board's consideration.
Please categorize the applicants ill areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for yom attention to this matter.
SF
AttaClnnP.nts
Agenda Item No. 9F
June 22, 2004
Page 8 of 10
64/36/2664 67:46
2392622113
NACC
PAGE Ell
.- -.
-
[CLICK HERE AND 'TYPE COMPANY NAME}
RECEIVED
MAY I / 2004
Board .)f :OfJOt t
i:omm i ~.... t
""'r:/ S -
PACSIMI1.E TRANSMITTAL SHEBT
Mrs. Sue Pi40n
!'!lON:
Nicobs Hemes
TO:
C;C)/III'^NY:
Board of COW1ty Commissioncn
FAX NI:r.ARHJ.:
TI4 3602
I>ATP.,
5/15/2004
TOTAl. NO. 01' J'ACns lNC;I.UDINti covt>Jl.,
2
PJJ()N~ NUMJH-;Jl;
774 8097
ST'.NOI;R'S JU1Fti1:&NCS NU~n1\1
Application for C~ position
YOUIl IUiI'IiJU;NCE NUJom~:
Em2il: bemes@msn.com
~J;':
XU'H: UN'l'
o F(')," ltRVlP.W
o Pl.F....SF. COMMF.NT 0 PU;;"'SI~ RRl'l.Y
o PI.F.^:it~ IlKCYCJ.R
N<Yn:.s/t;QNNJ::N'l'S,
Haewith is my resume for <:oo.si~ti.on for the Collier County Code Enforcement
Board(Altemate position)
I look forward to presentiog my credentials in person to rhe Commissioners in due course.
] am a resident of (,.-ollid: County and registEred voter.
~and~
\jl'~~ ~
- Nicobs Hc::mes
ICLICK UfiU. AND 1'YP~ IlK'rU1N ^t)l)RnSSI
Agenda Item No. 9F
June 22, 2004
Page 9 of 10
64/36/2664 67:46
2392622113
HACC
PAGE 62
NICOLAS P. HEMES
hemes@msn.com
6017 Pine RIdge Road, Suite 123
Naples. florida 3411'
rtaone:
C.II:
Fax:
23'.262.&376
23'.293. 7235
23'.262.8374
MIUTARV SERVICE:
Royal Nf Force - Middle East Command (1956-1958) - Air Controller
EDUCAnoN:
B.A. Marketing, London University, London. England
International Marketing and Soles Consultant fO( over -45 yec:r:s
QUAUfICAnONS:
EMPLOYMENT:
1958-1960
1960-1963
Media Manager - Ogi/vy Mother. london
Media Group Planner/Buyer - BBD&O (Omnlcom). NYC
1963--1970
197~1978
Intemational Soles Director - Hearst Magazines, NYC
197&-1987
Associate Publisher - 3MCompony. Minneapolis & L.A.
President, Moll Media and Vice President
Mortin Communlcotlons, Los Angeles
1987-2004
Chairman, International Mor1c:eting Consultants
Naples. Florida
CHA.Rm!$:
Diabetes Associates at Cedars Sinai MediCal Center. Los Angeles
executive Boord of Directors (1911-2000)
California Highway PatrOl (1199 Foundation) - La Habra, Canfomio
Life Member (1994 -20(3)
GOVEltMENT POSmoNS:
City of Indian Wells. California - Public Safety Commissioner (1995-20001
City of La Quinto, Cotifomio - Culturot Arb CommissiOner (2003)
stcrte of AOOda, Rorido Highway Pa1rol- CIvilian Advisory Council (2001-prf;tsent)
Af'IUAnONS:
C~dmber of Commerce - Naples, FIofIdo
ESPN Television
Dye Designs - Denver. Colorado
POLITICAL CAMPAIGNS:
2(X)().200 1 CouncilpeBon Bobs Henderson - Jupiter. AOOdo
2000-2002 State Senator Jeff AtwatM - Palm 8each. RorIda
2003-2004 Henderson foe' Mayor - Jupi1er, Aorida
-,
Agenda Item No. 9F
June 22,2004
Page 10 of 10
>":~.',: :':""":,,
,.-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
9G
Item Summary
OiSCtm:,ion i direction to County Attorney llnd count'! staff with regard to support
of a request for an opinion of tho Florida Attorney Gamml! on selected iSSliilS
pertaining to the effect of municipal annexation on an existing CRA area or to
pursue an Intarlocal Agreement with the City of Naples. (Commissioner Coyle)
Meeting Date ei22i2004 9:00:00 AM
Approved By
David C. Weigel County Attomey Oat...
County Manager's Offi;:e County Attomey Office 6iHi120U4 2:59 PM
Approved By
Pat Lehnhard AdministraUv$ Assh:,tant OatA
County Manager's Office Office of Man,lgement 8. Budget 6/16[20U4 3;06 PM
Approved By
Susan Usher Senior Management/Budget Analyst Date
C!Junty Manag$r's om!;~ Offi(';~ of Manflgam~mt .& Budget 6f16!20tl4 3:12 PM
Approved By
James V. Mudd Count"y Manag!:r D..te
-
Board of COUllt'{ County M,"mager's Office
Ccmmission!:rs 6/16[2004 3;57 PM
.-
Agenda Item No. 9G
June 22, 2004
Page 1 of 1
EXECUTIVE SUMMARY
Quarterly Report On The Newly Adopted Transportation Concurrency Management
System
OBJECTIVE: To provide the Board of County Commissioners (BCC) with a status report on
the implementation of the county's new Transportation Concurrency Management System
(TCMS) pursuant to ~ 3.15.3.21.2. of the Collier County Land Development Code (LDC). The
status report will provide a live system demonstration, including an up-to-date report on thc
concurrency status of the county's road network. There will also be a discussion of the future
planning and policy implications of the operational TCMS.
CONSIDERATION: On December 16, 2003, the BCC adopted Ordinance Number 03-67
amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for
the Unincorporated Area of Collier County, Florida. Included were staff initiated changes to the
Capital Improvement Element (CIE), Transportation Element and Future Land Use Element
(FLUE) revising transportation concurrency management policies to establish a real-time
checkbook concurrency program; to establish two (2) Transportation Concurrency Management
Areas (TCMAs) and a Transportation Concurrency Exception Area (TCEA), and to adopt maps
of the TCMAs and TCEA within the Urban Designated Area of the Future Land Use map
(FLUM); and to add policies providing for fair share developer contributions to multi-modal
transportation improvements within a TCMA when a project directly impacts a deficient road
segment within the TCMA. These policy changes make up the core elements of the county's
new TCMS.
On February 11, 2004, the BCC adopted Ordinance No. 04-08, which set forth numerous
amendments to the Collier County Land Development Code (LDC), to include provisions to
implement the above changes to the GMP. On February 17, 2004, the Department of
Community Affairs (DCA) determined that the above GMP amendments met the requirements of
Chapter 163, Part II, Florida Statutes, for compliance and published the requisite Notice of Intent
in the Naples Daily News on February 18, 2004. The TCMS provisions took effect on March 11,
2004 following the statutory 21-day challenge period. This event culminated a two-year effort to
put into place a real-time "checkbook" concurrency system for transportation facilities in order
to address the county's increasing infrastructure demands created by rapid growth,
In ~ 3.15.3.21.2. of the LDC, the term Transportation Concurrency Management System is now
defined as "a "real-time" concurrency system that tracks and allocates the available roadway
capacity on a continuous basis with quarterly status reports to the Board. Trips generated from
proposed Developments will be added to the trips approved to date and the existing background
traffic counts to determine if there is available capacity for each new Development to be
approved, in whole or part, as proposed Development plans are submitted."
-,
Agenda Item No. 10A
June 22,2004
Page 1 of 4
Transportation Concurrency Management System Quarterly Report
Page 2
A relational database application was developed, which is the foundation of the aforementioned
TCMS, providing the necessary analytical tools to determine the availability of roadway capacity
for proposed development as well as the central "trip bank" for checkbook concurrency.
Development of this system is complete and the application is fully functional.
This presentation is divided into five main sections:
1. TCMS Background/Overview
Historical background and evolution of the county's concurrency policy
A discussion of the implications of "vested" with regard to concurrency
management
A comparison of the previous system of annual reconciliation of traffic volume
and traffic capacity to the new checkbook concurrency system
An overview of the two (2) TCMAs and the TCEA
An overview of staff's efforts to better utilize annual PUD monitoring reports
2. TCMS Database
A description of the system's functionality and data flow
3. System Demonstration - Current Road Network Concurrency Status
A live display and explanation of the database application's analytical and
reporting capabilities
An up-to-date report of the county transportation network's concurrency status
4. Future TCMS Improvements
An overview of planned updates to the system to expand it's analytical potential
for long-range planning
5. ConclusionslProjections
A discussion of specific present and future problem areas on the county road
network
A discussion regarding the potential use of the TCMS as a tool for analyzing
concurrency as a factor in consideration of zoning petitions
A discussion of the TCMS with particular focus on the Transportation Five-Year
Work Program
-"
2
Agenda Item No. 10A
June 22, 2004
Page 2 of 4
Transportation Concurrency Management System Quarterly Report
Page 3
FISCAL IMPACT:. Pursuant to LDC section 3.15.7.3., as amended by Ordinance No. 03-01,
adopted on January 8, 2003, a Certificate of Public Facility Adequacy (COA) shall be issued
concurrently with the approval of the next to occur final local development order for a property.
At the time a COA is issued, one-half (50%) of the estimated transportation impact fees must be
paid into the applicable trust fund and such funds will be immediately available for appropriation
to implement capital road facility improvements.
GROWTH MANAGEMENT IMPACT: The BCe has determined that, due to the extreme
pace of development Collier County has experienced in recent years, establishment of a real-time
TCMS is essential to ensuring that public transportation facilities and services needed to support
development are available concurrent with the impacts of such development.
RECOMMENDA nONS: None at this time. This quarterly report is presented for information
only.
_.
3
Agenda Item No.1 OA
June 22, 2004
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
10A
Item Summary
Presentation of Quarterly Report On Newly Adopted Transportation
Concurrency Management System.
Meeting Date
6/22i2004 9:00:00 AM
A pproved By
Donald l. Scott
Transportation Planning Director
Date
Transportion Services
Transport<ltion Planning
6/1 0/2004 9~31 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
61101200411:37 AM
Approved By
Diane Perryman
Executive Secretary
Date.
__ Transportion ServIces
Transportation Services Admin.
611012004 11 :40 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
611112004 3:34 PM
A pproved By
Pat Lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
6;11;20044:31 PM
Approved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
6;12i2004 1 :25 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6;14;20045:09 PM
Agenda Item No.1 OA
June 22, 2004
Page 4 of 4
.-
EXECUTIVE SUMMARY
Recommendation to approve a contract for RFP #04-3611 "Consultant Services for the
Metropolitan Planning Organization Long-Range Transportation Plan 2030 Update" in the
total amount of $306,717.86
Objective: To receive Board approval of contract for consultant services to assist the Metropolitan
Planning Organization in a major update of its 2030 Long Range Transportation Plan (LRTP)
Update.
Considerations: The Collier County Metropolitan Planning Organization's (MPO) LRTP is
required to be updated every five years. The LRTP is a key function of the MPO process. It
establishes goals and objectives for safe and efficient travel as well as a list of needed transportation
improvement projects through the year 2030. That Plan is a working tool that is an important part of
the decision-making process used to guide the construction of transportation projects that use
Federal and State funds. To facilitate an update to this plan, a Request for Proposal (RFP) was
issued.
The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive
Negotiation Act, and publicly advertised on February 4,2004. Notices were sent to one hundred
eighty six (186) firms, 28 firms requested the full package and responses were received from six
(6) firms by the due date of February 27, 2004.
_.
A Selection Committee meeting was held on March 25, 2004, and after review, scoring and
discussion of the proposals, by consensus of the members, the firms were short-listed as follows.
1. Tampa Bay Engineering
2. Grimail Crawford
3. CarterlBurgess
4. URS
5. American Consulting
6. Corradino Group
Staff negotiated a fair and reasonable fee for the technical and modeling portion of the Plan
Update with Tampa Bay Engineering in the amount of $360,717.86
Fiscal Impacts: Federal Planning (PL) funds in the amount of $360,717.86 has been allocated in .
the MFO's Unified Planning Work Program (UPWP) for FY 2004-2005.
Growth mana2ement impact: This request is consistent with the County's Growth
Management Plan.
Recommendations: That the Board approve and authorize the Chairman to sign a standard,
County Attorney approved contract for RFP 04-3611 "Consultant Services for the Metropolitan
Planning Organization Long-Range Transportation Plan (LRTP) 2030 Update", in the total
amount of $360,717.86 with Tampa Bay Engineering.
-
Agenda Item No. 10B
June 22, 2004
Page 1 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
10B
Item Summary
Recommendation 10 appmvH a contract fur RFP #04-3511 "Consultant SBrvicHs
for thH Metropolitan Planning Organization Long-Rangil Transportation Pian
2030 Update" in the total amount of $306,"117.86. (Nomlan Feder,
Admin!strator, Transportation SelVices)
Meeting Date
6i22J2004 9:00:00 AM
Approved By
Sharon Newman
Ac<:ounting Supervisor
Oat"
Transportio!'l Services
Transportation Administration
6iH)!2OU4 11 :38 AM
Approved By
Kelsey Ward
Senk>r Pm'!;hasir.g (jI)(! C(mt!acts
Agent
Date
Admini5t.rative Ser,;i\-:es
Purchasins
6i,1I2lln412;U3 PM
Approved By
Gwen Butler
Purchasing SUfJervisOf
Date
Administrative Ser.ices
Purchasing
6i':1!2004 12:06 PM
Approved By
Norm E. Feder, AlCP
Transportation Division Administrator
Date
Transportion Servi<:es
Transportation Services Admin.
Gi11!20U41:54 PM
Approved By
Diane Perryman
E:<ecutive Secretarl
Oat.,
Transportio!'l Services
Transportation Services Admin.
ili11!2UU4 Z;2U PM
Approved By
Pat Lel'lllhard
Administ!atrya Assl::;tant
Date
C(Jum.y Managar"s Offi(;e
Office of Mal~agement .& BI;dget
6/11!2004 4: 39 PM
Approved By
Michul SrnykowslU
Management & Budget Director
Date
County Manag&r's Office
Office of Management & Budget
6/14/2004 8: 54 AM
Approved By
James V. Mudd
Board of Count'1
Commissioners
Count"J' Manager
Date
County Managar"s Offi~
611412004 f;;01 PM
Approved By
Donald L. Scott
Tr.msportation Planning Director
Oat..
Transportio!'l Services
Tr,1nsportation Planning
il/912f.lij4 4:18 PM
.-.
Agenda Item No.1 OB
June 22, 2004
Page 2 of 2
.-
EXECUTIVE SUMMARY
Recommendation to approve a contract for RFP-04-3629 "Consultant Services for the
Public Involvement Element of the Metropolitan Planning Organization Long-Range
Transportation Plan 2030 Update" in the total amount of $362,416.57
Objective: To receive approval of contracts for consultant services to assist the Metropolitan
Planning Organization with the Public Involvement Element of its 2030 Long Range
Transportation Plan (LRTP) Update.
Considerations: The LRTP is a key function of the MPO process, and established goals and
objectives for safe and efficient travel, as well as a list of needed transportation improvement
projects through the year 2030. That Plan is a working tool that is an important part of the
decision-making process used to guide the construction of transportation projects that use
Federal and State funds. The MPO intends to broaden the exposure, and increase the outreach
effort of the 2030 LRTP Update to ensure that the transportation plans, policies and investments,
embrace the concerns of the traveling public, rural and urban neighborhoods, economic interest
and other local concerns. To facilitate the enhanced public involvement activities, a Request for
Proposal (RFP) was issued.
-
The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive
Negotiation Act, and publicly advertised on February 25, 2004. Notices were sent to ninety
seven (97) fIrms, twenty (20) fIrms requested the full package, and responses were received from
four (4) fIrms by the due date of March 19, 2004.
A Selection Committee meeting was held on April 5, 2004, and after review, scoring and
discussion of the proposals, by consensus of the members, the finns were short-listed as follows.
1. Cella and Associates
2. Parsons Brinkerhoff
3. Powell, Fragala and Associates
4. The Corradino Group
Staff negotiated a fair and reasonable.fee for the public involvement portion of the 2030 Plan
with Cella and Associates in the amount of $362,416.57.
Fiscal Imuacts: Federal Planning (PL) funds in the amount of $115,416.57 has been allocated in
the MPO's Unified Planning Work Program (UPWP) for FY 2004-2005 and $247,000 is
available in the Transportation Supported Gas Tax Funds for conducting this Update for a total
of $362,416.57.
Growth manae:ement imuact: This request IS consistent with the County's Growth
Management Plan.
Recommendations: That the Board approve and authorize the Chairman to sign a standard,
County Attorney approved contract for RFP 04-3629 "Consultant Services for the Public
Involvement Element of the Metropolitan Planning Organization 2030 Long Range
Transportation Plan Update, in the total amount of $362,416.57 with Cella and Associates.
-
Agenda Item No. 10C
June 22, 2004
Page 1 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMiSSiONERS
"'.--...
Item Number
1DC
Item Summary
Recomrn€,ndmion to approve a contract for RFP-04-3629 "Con:;uitant Service:;
for thH Pliblic :nVQ:vllmllnt ElllmEnt of ttH~ Metropo,it.m Piann'r1U Organization
Long-Raflo]8 Transportation Plan 2030 Update" in the total amount of
$362,416.57. (Norman Feder, Administrator, Transportaf:on Seriices)
Meeting Date
6i22j20C=4 9:00:00 AM
Approved By
Sharon Ne\Jvmal1
Accounting Supervisor
Oat"
Transportion Services
Transportation Administraticn
i3i10!2004 11 :3'r AM
Approved By
Kelsey Ward
Senior Pw'!;hasing and C(mtral~ts
Agent
Date
Admil1tstmtive Ser;;lt':e$
Purchasing
6i11/2nM 12:02 PM
A pproved By
Gwen Butler
Purchasing SUfJervisor
Date
Administrative Services
PllrchMing
;>Hi/20M 12:06 PM
Approved By
t~crm E. F€:der. AlC?
Transportation Division Administrator
Date
Transportion Services
Transportation SefYic&s Acmin.
i3i11!20U41:52 PM
A pproved By
Diane Perryman
EXi',cutlve Secfl!Uif"'1
Date
Transportion Services
Transportation SefYicns Acmin.
6i11!2ilU4 3;UU PM
Approved By
Pat L.el'lllhard
AdministfaUYIll Assistant
Date
County Managf.lr's omce
Office of Mal~agam~mt 8. Budget
El111!20{l4 4:45 PM
Approved By
County Manager's Office
Management & Budget Director
Office of Managemel\t & Budget
Date
Micha&1 Smykowski
6!12/2004 1:26 PM
Approved By
James V. Mudd
County Manager
Date
Board of Counfy
Ccmmissioners
County Managf.lr's Office
ElI15!20{l412:58 PM
Approved By
Oonalc L. Scott
Transportation Planning Director
Date
Trans portion Services
Tr,1nsporurtion Planning
6i9120il4 4:18 PM
-
Agenda Item No. 1 DC
June 22, 2004
Page 2 of 2
--
EXECUTIVE SUMMARY
Richard Y ovanovich requesting permission to submit for building permit applications prior to
approval of a Site Development Plan aDd to commence construction of the building foundations
for the expansion of two existing Agricultural packing structures prior to the approval of Site
Development Plans SDP-04-AR-5941 and SDP-04-AR-5995 both of which have been submitted
to the Department of Zoning and Land Development Review and are presently under review but
have yet to be approved.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider the applicant's request for the Board to
grant permission to submit for building permit application prior to the approval of required Site
Development Plans (SDP) and to commence construction of two building foundations prior to Site
Development Plan approvals as required by the Collier County Land Development Code.
--
CONSIDERA nONS:
In accordance with the Land Development Code, approval of a building permit application may occur
only after the approval of the related Site Development Plan. Zoning Department policy requires that
upon the second resubmittal of an SDP, the applicant may apply for a simultaneous review of a
Building Permit application. The applicant just recently submitted two Site Plan applications (SDP-
AR-2004-5941 and SDP-AR-2004-5995) in late May, 2004 and is presently ineligible to submit for
building permit application until the first review by staff is complete (anticipated mid-June) and the
revised plans are then resubmitted back to the County for further review. The applicant has submitted
two separate Site Development Plans (SDPs) for two different packaging plant expansions at two
different sites located in Immokalee. They request permission to submit for building permit
applications and upon their approval commence construction of the building's foundation for each of
the two expansions prior to SOP approval. The applicant will be required to receive approval of all
applicable building permit applications prior to the commencement of construction, The applicant
acknowledges that any construction is at their own risk in the event the SOPs are not approved. Both
projects qualified for Economic Development Council (EDC) "Fast Track" processing. Both projects
appear to comply with County Land Development codes.
FISCAL IMPACT:
There will be no fiscal impact. The applicant has paid the fees associated with the Site Development
Plan review processes and will be required to pay for the building permit fees and all associated impact
fees.
.-
SE-04-AR-5494
1
Agenda Item No. 100
June 22, 2004
Page 1 of 3
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the Growth Management Plan.
STAFF RECOMMENDATION:
Staff recommends that should the Board decide to grant the applicant's request, construction shall not
commence prior to the approval of all required building permit applications based on the condition that
the applicant assumes all responsibility and risk associated with construction of the foundations prior
to the approval of the required Site Development Plans.
,.-..
SE-04-AR-5494
2
Agenda Item No. 100
June 22, 2004
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
10D
Item Summary
Recommend<:lior! to h0a Richard Yovar1Ovich wquesting pElrrnis!;ior: to :;uhmit
for building pmrnit application'; in advanm of appmval of a Site D!welopm~nt
Pian and to commence c.onstruction of the building foundations for the
expansion of !'.vo existing Agr:cu:turai packing structurEls prior to the approval
Site Development Plans SDP-04-.AR-5841 and SDP-04-AR-5995 both of which
have been submitted to the Department of Zoning and Land Development
Review and are presenti~/ lJmj;~r review but have yet to be approved.
Meeting Date
6/2212004 9:00:00 .ft..~/:
Approved By
Sandra Lr,a
Executll/'e 5ecmt.arji
Date
Communit.y Development. &
Envtn...nr>1en(a! Services
Communit.y Deve!<.>prt1ent f,
Erwironr>1en(a! Ser',;kes Admin.
Gi11!20ll41:58 PM
Approved By
Judy Puig
Administrative A:>sis\"nt
D~te
Cmmnunity ul'f'veloprnent 8.
Environml'fntai Servjr;",s
Building Review and Pernitt!ng
6!11t201l4 2:34 PM
Approved By
Constar.c~ A. Johnson
Op~ratioflS Ana~Y$~
D"te
Comm.mity Development ;;.
Environf:l<"nt,1i Services
Comm.mity Deve~()pment Ii.
Environmenmi Services A~mil:.
$;1 i!10(14. :U5 PM
Approved By
Joseph K. Schmitt
Cormm.mity Deveklpmer;( &
Envirorlr'lefl(a! Servkes i~d'"instrnU)"
Date
C,:mrmmity Dw..elopment &
Er:\,j:'O~HYJf:;~':tRi S~Fvices
Community Dw..e!opme'lt"
Er'l'.fiF'<H11"(jl?nt:i~ S~:V~i;B$ ."',,-..~:':"'~"':.
t!"i1i2004 B:09 PM
Approved By
Pat lehnl1ard
AdministrativE AS5ist<:;r.t
Oilte
County M.af1aglo'r"s Office
Office Qf Mar:.agermmt 8. B:;,~q'A
6!14i2(l{l4 2: OS PM
Approved By
M"r\( l;;zckson
Budget Ar.<lty;;t
D"te
County ManagErs Office
Office of M,magemer.t 8. Buclget
t!15f200410:42 AM
Approved By
Midlael Srny;mwski
M~r:a':}er'leflt & Budget Dir,',!;:,'r
l)~t'"
County Manager"s Offke
Office of M,1n<lge":.-:r.t & 8t:dg.-:t
6t:5t20041[}:44 AM
Approved By
J~"'es V. MLidd
Ccw;ty M'.lr:ager
D~t",
8C~fd of COLinty
Cornrn~:5$:,:"jner~:;
County ManagErs OffiCE
ti"i5f2004 11:EHl AM
Agenda Item No. 10D
June 22, 2004
Page 3 of 3
_.
EXECUTIVE SUMMARY
Recommendation to provide the Board of County Commissioners with the
findings and recommendation that resulted from the May 21, 2004
workshop held by the Emergency Medical Services Advisory Council in
regard to further amending Collier County Ordinance 2004-12
OBJECTIVE: That the Board of County Commissioners (BCC) hear a recommendation
from the Emergency Medical Services Advisory Council (EMSAC) as to whether furthcr
modifications to Collier County Ordinance 2004-12 are necessary.
CONSIDERATIONS: At the February 24, 2004 meeting, the Board of County
Commissioners amended its Certificate of Public Convenience and Necessity (COPCN)
Ordinance to include an additional classification that would allow for local hospitals to
obtain their own licenses for post-hospital out-of-county and medical transport between
their facilities. At this same meeting, the question was raised as to whether the Board
would like to add language to the ordinance that would allow other private ambulance
companies to provide medical transport services. Board members responded in the
negative, and the ordinance was approved by a vote of 5-0.
.-.. At the BCC April 13, 2004 meeting, Kurt Potter brought a Public Petition before the
Board to discuss further amending the COPCN ordinance to allow his company, Med-
Assure, to provide post-hospital medical transports. Specifically, he requested that Med-
Assure be granted a Basic Life Support (BLS) certificate for non-emergency post-
hospital transports within the county and an Advanced Life Support (ALS) certificate for
transports with an out-of-county destination. The Board asked that this item frrst be
reviewed by the County's EMS Advisory Council and then be brought back to the Board
for further discussion.
EMSAC publicly advertised and held a workshop to review the petition for amending the
COPCN ordinance on May 21, 2004. Representatives from Med-Assure, AmbiTrans and
Superior Ambulance were invited to attend, and each agency was given the opportunity
to express the revisions they were requesting be made to the existing ordinance.
FISCAL IMPACT: There is no fiscal impact associated with this executive summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this executive summary.
RECOMMENDATION: Staff is requesting that the Board of County Commissioners
(BCC) hear the findings and recommendation of the Emergency Medical Services
Advisory Council (EMSAC) and render a decision as to whether further modifications to
Collier County Ordinance 2004-12 are necessary.
.-
Agenda Item No.1 OE
June 22, 2004
Page 1 of 4
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10E
Recommendation to prov!de the Board of County Commissioners w!th the
I1ndings and recommendation that resulted from the May 21, 2004 worksMp
held by the Emergency Medica! Services Advisory Council ;n regard to further
amending Collier County Ordinance 2004-12.
6/22/20049:00:00 AM
Prepared By
Jll>ff Page
Public Services
EMS Director
6/10/20044:54:27
PM
EMS
Approved By
Jeff Page
Public Services
--.
EMS Director
Date
EMS
6/10/20044:58 PM
A pproved By
Marla Ramsey
Public Services
Parks & Recreation Director
Date
Parks and Recreation
6/11/200411:51 AM
A pproved By
Gary A, Vincent
County Manager's Office
Managll>ment &, Budget Analyst
Date
Office of Management & Budget
6/14/2004 9:28 AM
A pproved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management &, Budget
6/14/2004 11 :07 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/14/2004 4:56 PM
-
Agenda Item No.1 OE
June 22, 2004
Pag e 2 of 4
~b/14/L~~4 13:81
'3413'348140
MITA/FAY BILES
PAGE 32
Fay R. Biles, Ph.D.
Chairperson, Emergency Medal Services Advisory Council (EMSAC)
tgg Heights Ct., Marco Island, FL 34145-6616
(239) 3943089 In- (239) 394 8140 faybila@aoLcom
June 11,2004
Board of County Commissioners
Collier County
3301 Tamiatni Trail South
Naples, FL 34112
Dear Board of County Commission~
Knowing that on June 22 an agenda item will address additional COPCN s in Collier
County, the Emergency Medical Services Advisory Council (EMSAC) met twice to study
the impact on the County. We held a lengthy workshop and devoted a Council meeting
to the issue. The conclusion after studying all aspects was a unanimous vote that "there
should be no changes to the current COPCN ordinance." It is EMSAC's advice to the
BCe to please leave it just the way it is. We feel that in order to maintain the very high
quality of our EMS with local fire systems in an cost effective manner and which pro-
vides all the services which the public bas grown to expect. the present ordinance sboukl
remain with no changes. EMSAC offers just a few reasons why. A more complete report
can be offered.
. FiDandal imp"ct on raidents, taxpayen, and tbe Board of CHBty COIDIIID-
sioB of Col1i~r County. (BeC) The COPCN agreement with NCH has cost $2.2
million in lost transport fees and an increase in millage rates .from .17 to .26
Based on the ALS and BLS llOn-emergency transports for 2004 the sum is
. $3.678,667.50. Adding other COPCNs could increase that millage rate to .34 and
asking the tax-payers then to pick up $6 million dollars in 2005. The result would
be a shift from a tJ~r fee based sYstem based on transports to a Slencnl '-ad tax
based SYstem.
. EMS currently does. transports to doctors' offices and oorsing homes. A BLS
vehicle is needed for stretcher patients. There are now some oo:o-.BLS vehicles
being used to transport stretcher patients. Requests from doctors and nursing
homes can ask that costs be paid by Medicare/Medicaid. If a COPCN is issued to
a private company, who will the nursing homes call? Will they caJ1911? If they
find out it is really an ALS orBLS call, will they call EMS? It could be confus-
ing and time wasted when a BLS vehicle arrives, and it is an ALS call. NCH trans
port rates are higher than EMS. What would other private vendors do? It could
lead to a price-war.
Agenda Item No.1 OE
June 22, 2004
Page 3 of 4
36/14/2004 13:01
9413g48140
~1ITA/FAY BILES
PAGE 03
-
. Wllo is iu cbarge ofrespon!le times and complaints? EMS Advisory Council
(EMSAC) is respon81Dle fur constlDlt watch of response times and all complaints
received by the EMS Semce. They are also respoDSlDle for Quality Assurance fur
NCH since a COPCN was issued. It is not a certaiutity that private ambuJance
companies could be made to anwef to EMSAC. Careful records are kept by
EMS.
. E<<ect of gn.tiDg COPeN. for preseDt EMS penollDeL A reduction in reve-
nue as a resuh of granting COPCNs to private am.bu1ance companies, has been a
serious concern to present paramedics, fearing that it might result in a loss of jobs.
Many attended. the workshop and Council meeting.
There bas been tremdous effort made to achieve the EMSlFire Departments partner-
ship that bas resuhed in being recognized as the best EMS Program in the nation.
EMSAC feels that granting additional COPCNs would change the image and produc-
Tivity of EMS.
Sincerely)
c9~.~ ~
Fay R.. Biles, Ph.D.
Chairperso~ Emergency Advisory Services Advisory Council of Collier County
(EMSAC)
Cc: Marla Ramsey, Administrative Director for EMS
JeffPag~ Director, EMS
-
Agenda Item No. 10E
June 22, 2004
Page 4 of 4
.....-.,.
EXECUTIVE SUMMARY
Response to Public Petition filed by Mr. Matt Johnson of the East Naples
Fire [)epartrnent to solicit for contributions along the County right-of-way.
OBJECTIVE: The Board of County Commissioners is respectfully requested to answer
the public petition filed by Mr. Matt Johnson of the East Naples Fire Department. Mr.
Johnson hasrcqucsted permission to solicit for contributions along the County right-of-
way. on behalfof local firefighters participating in the national fund raising effort for the
Muscular DystrQphy Association.
-
CONSIDERATIONS: The Collier County Land Development Code Section 2.1.15
under prohibited uses and structures, within subsection 3 states: "Subject to exceptions in
Ordinance No. 76-11, as amended, the storage, display, or sale of any items, services,
materials, or products, whether finished or unfinished. processed or natural, within public
rights-of-way shall be prohibited. Notwithstanding anything in Ordinance No. 76-11, as
amended; or any other part of the Collier County Code. in unincorporated Collier County
no person shall be upon or go upon any public road, when the road is open to vehicular
traffic. for the purpose of displaying any advertising to, or distributing any tangible thing
or soliciting any business~ contribution or any other tangible thing from any occupant of
any motorized vehicle that is being operated on the public road. No person shall be within
four feet of any edge or such road for the purpose of distributing any tangible thing or
soliciting any business, contribution or any other tangible thing from any occupant of any
motorized vehicle being operated on the public road. As used in this section, "road"
means all public areas between two exterior most edges of all paved and unpaved
surfaces that are available and used for either travel of, or in the road parking of,
motorized vehicles. "Road" includes an medians in all such interior areas, and includes
shoulders. All roads. including roads that are separated by one or more medians, have
only two exterior edges. "Road" includes streets, highways and other words that describe
such facilities and no differentiations are intended"
FISCAL IMPA<;r: None
GROWTHMANAGEMEN'T IMPACT: None
-
Agenda Item No. 10F
June 22, 2004
Page 1 of 7
RECOMMENDATION: The Department of Emergency Management has observed
safe and successful fund raising efforts in other communities due to the fact that the fire
service is experienced in working within the right-of-way. Presently, the County's Land
Development Code has a prohibition for any solicitation within the right-of-way. The
Department of Emergency Management recognizes that making exceptions for any
organization, regardless of respective public safety experience, may establish a
precedence for future request. Future requests for solicitation may involve agencies or
organizations who are less- experienced in working within the right of way, thereby
placing an additional burden on the county for traffic safety systems.
The Department of Emergency Management recommends that the Board of County
Commissioners deny the request for solicitation within the right-of-way. The Department
of Emergency Management is willing to assist East Naples Fire Districts and other
supporting fire districts to find a different venue to allow them to be successful with the
annual national effort.
.-.
Agenda Item No. 10F
June 22, 2004
Page L~ of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
10F
Item Summary
Response to Pubiic Petition filed by Me Matt Johnson of the East Naples Fire
Department to solicit for contributions along the County Right of Way.
Meeting Date
6/22.i2004 9:00:00 AM
Prepared By
Dan E. Summers
Emergency Management Director
6/8/20041:16:59 PM
County Manager's Office
Emergency Management
A pproved By
Nom) E. F~der, AICP
Transportation Division Administrator
Oaf.e
Transportion Services
Transportation Services Admin.
6115120047:25 AM
Approved By
Dan E. Summers
Emergency Management Director
Date
County Manager's Office
Emergency Manag~ment
6115120048:03 AM
Approved By
Robin Johnson
ManagementiBudget Analyst
Date
County Manager's Office
Office of Management & Budget
6115120049:01 AM
A pproved By
Michael Srnykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
6/15/200410:40 AM
Approved By
Pat Lehnhard
Administrative Assistant
Date
COllnty Manager's Office
OffIce of Management & Budget
6/15/200410:46 AM
A pproved By
James V. Mudd
County Managt:r
Date
Board of County
Commissioners
County Manager's Office
611512004 11 :25 AM
Agenda Item No. 10F
June 22, 2004
Page 3 of 7
COLLIER COUNTY MANAGER'S OFFICE
3301 EastTamiamiTnul . Naples,Florida34112 . 239-774-8383 . FAX774--W1O
June 8, 2004
Mr. Matt Johnson
East Naples Fire Department
4798 Davis Blvd.
Naples, Fl. 34114
Re: Request by Firefighters for Board of County Commissioners Approval to Conduct Fund-Raising Activity
to Benefit the Muscular Dystrophy Association
Dear Mr. Johnson:
Please accept my sincerest apologies fOT staff neglecting to add your item on the Board of County Commissioners
(Bee) agenda of June 8, 2004. We failed to follow through with Board direction as a result of your public petition of
May 11, 2004, which asked fOT consideration of a fund-raising activity by firefighters at county intersections on behalf
of the Muscular Dystrophy Association (MDA),
I am sorry if our oversight has inconvenienced your efforts as we respect your intentions to address the Board and seek
permission to publicly solicit funds at county intersections on behalf of the MDA We also appreciate and commend
you for your 50-year history with this worthwhile organization.
I would like to request your attendance at the June 22, 2004 Board meeting in which Commissioners will consider your
request.
Again, I apologize for not getting YOUT item on today's Board agenda and any inconvenience this may have caused the
firefighters involved in this charitable endeavor.
Please let me know if there is anything else county staff can do to facilitate your request. I can assure you that you will
be included on our next Bee agenda and can propose a tim~ assignment upon your request.
JVM:d1w
Cc: Board of County Commissioners
Leo E. Ochs, Jr., Deputy County Manager
Agenda Item NO.1 OF
June 22, 2004
Page 4 of 7
~
COLLIER COUN1Y MANAGER'S OFFICE
3301 East Tamiami Trail - Naples, FL 34112 - 239-774-8383 . Fax 239-774-4010
April20,2004
Mr. Matt Johnson
East Naples Fire Department
4798 Davis Boulevard
Naples, Fl34114
Re: Public Petition Request to Discuss Firefighters Fund Raising for The Muscular
Dystrophy Association
Dear Mr. Johnson:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of May 11, 2004, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
~rely, "
~~/
James V. Mudd
County Manager
JVMljb
cc: David Weigel, County Attorney
-
c
"
f~ .
"
Agenda Item No. 10F
June 22, 2004
t Page 5 of 7
,"
r
c
N
"
;~ECElVED COUI-.lTY ~ ,',;: ',GER OFF',,:;
ReQtft!'St ttt50eak under ~ Petition
APR 2 l; Z~l
Please print
. . I J'_ "
-. ---.,---......._~. -_..
Name: H~~I.fNJorl I ~<I Aly'"C ~-~/-::
Address: 12
C(7 'fy t/'Wc ( 13 (t/ ,
lL~f70 tL }Y/(,1
Phone: 3,) - C(71 (CH,,,c..) 77y,.7f/ ( (4/01tk)
Date of the Board MeetinQ you wish to speak:....,. u~,/.Y
Please exolain in detail the reason YOU are reauestina to soeak (attach additional
page if necessary):
..t:" '- (1' I... 40 a..13:?rc-sr ../..I.c.. IJOIV".Q
Sc.~k ~ u..: 'f re-. V' <rf c.ne-C-
f" IA- 6!, ~ .so (, :,. i ~ ~/1 q, /.
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H:\Public Petition Request Fonn.doc
Agenda Item No. 10F
June 22, 2004
Page 6 of 7
12. It is the intent of the Board of County Commissioners of Collier County to implemcntlhe LlInd
Development Code in accordance with lhe provisions of the Collier Counly Comprehensive Plan, Chapler 125,
Fla. Stat., and Chapter 163, Fl.. Stat., and throuah these amendments to the Code.
SECfJON THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION J.A AMENDMENTS TO DIVISION 2.1., GENERAL
Division 2.1, General, of Ordinance 91-102, as amended, the Collier County Land Development Code,
is hereby amended to read as follows;
DIVISION 2. 1
GENERAL
See. 1.1.15. Prohibited usa and structura
I. Any use or structure not specifically permitted in a Ulnina district as a permitted use,
conditional use or use allowed by reasonable implication shall be prohibited in such
zoning district. Reall,illa 881.. .I\all ee "rehieitell ill ell HllinS liillri"1 llfllu. a
lell'll'spv>' 1111 ".""il 11I8 ."prepPi8" lieeR'" hs". BUfI eetsill.d.
Z. Roadside sales shall be orohibited in all zoninl disl1icu. No temool'aQ' U-'C oemit or
I icense can be obtained for IIlV tvpe of roadside sale.
;ll. Subjcello exceptions in Ordinance No. 76-11. IS amended, the storage, display, or sale of
any items, .eNice., material., or products, whether finished or unfinished, processed or
natural, within public rights-of-way shall be prohibited. Notwithstanding anything in
Ordina~e No. 76-1 J, a.s amended, or lilY other part of the Collier County Code, in
unincorporated Collier County no person shall be upon or go L1pon any public road. when
the road is open 10 vehicular traffic, for the purpose of displayinl any advertisinlto, or
distributinl any tanaible thing or soliciting lilY business, contribution or any olher
tangible thing from any occupant of any motoriud vehicle that is being operated on the
public road. No person sb.1I be within four feel of any edge or sLlch road for the purpose
of distribulina any tangible thing or soliciting any business, contribution or Iny olher
tangible thing from any occupant of any motorized vehicle being operated on the public
rolld. As used in this section, "road" means all public areal belween lwo exterior most
edges of all paved and unpaved surfaces that are avail.ble and used for either travel or. or
in the road puking of. motorized vehicles. "Road" includes 1111 medians in all such
interior IIreas, Ind includes shoulden. All roads, including rOlds that are separated by
one or more medians. have only IWO exterior edges. "Road" includes streelS, highways
and other words that desc:ribe such fac:ilitin and no differentiations arc intended.
~. The sloraae, display, or sale of IIny items. services, materials. or product! whether
finished or unfinished. processed or natunl, other than form within, or IS put of the
normal operation of a permanent structure authorized by the Collier County land
development code shall only be allowed in accordance with section 2.6.33.
1. When the ooeralinl! cttarKteriSlics of a dutv authorited business require the utilization of
shoooinll carts bv customen DrovisiQn shall be made for ouLlide staraae areu 10 be illuslrated
on a sile develooment Dlan. and said ShooDinlr carts shall be collceted al the close of bU!iness
elCh dav and stored at the front of Ihat business establish~nl It shall be lhe responsibility of
the merchant to collcellllV a"d all shoDoin, cart.! tha. strav from the premIses uoon which thev
are intended to be utilized. A name-olale on a shoooinll cart shall be prima-facia evidence of
ownershio.
SUBSECTION J.B. AMENDMENTS TO ZONINC DISTRICTS, PERMITIED
CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION
USES
Words _.k "'"..... Ire dtlt1cC1 words l!.!Ilkl:I.iMlI Ire Idded.
)
Agenda Item No. 10F
June 22. 2004
Page 7 of 7
.....--
EXECUTIVE SUMMARY
Recommendation to adopt a Stormwater Funding policy for the Capital Improvement
Program to ensure adequate flood protection and water quality, estimated fiscal impact
of $140 million from Collier County with a total of $346 million over the next 20 years.
OBJECTIVE: To obtain Board of County Commissioners direction on the
establishment of a Stormwater Funding Policy to provide an adequate level of flood
protection and stormwater discharge quality throughout the CoUnty.
CONSIDERATIONS: Collier County has over 300 miles of canals, 52 water level
control structures, and 3 pump stations that are operated and maintained by the County
in partnership with the Big Cypress Basin Board of the South Florida Water
Management District. Additionally, the network of roadside drainage facilities within
County and State Transportation easements are operated and maintained as part of the
stormwater collection system. The County covers an area of approximately 2,025
square miles.
-
The County currently does not have a specific funding source to fund their stormwatet
capital improvement program, management operations, which includes compliance
costs for the implementation of a Stormwater Management Plan. In essence, the
General Fund supports stormwater management activities. With the increasing costs,
especially as they relate to compliance with the County's National Pollutant Discharge
Elimination System (NPDES) permit, funding is not only a burden on the General Fund,
but limited resources are readily available to properly implement the Stormwater
Management Plan and comply with permit requirements.
The key to determining just exactly who benefits from a community's stormwater
management funding plan is the concept of "burden." Virtually all property owners have
the potential for generating stormwater runoff, and hence the accumulated or aggregate
runoff must be managed in an organized and systematic manner if OWners are to enjoy
the use of their property with some degree of reliability. Additionally the citizens want to
be able to use the County's Transportation network unimpeded during the rainy season,
The burden of the management of this cumulating storm water faUs to the community.
Stormwater systems and facilities must be constructed arid maintained to reduce the
undesired impacts of accumulated runoff.
Wbile most communities splltthe responsibility Of managing the burden of runoff
between the parcel owner (developer) and the community (hydrologic drainage design
criteria), the responsibility for managing stormwater runoff that exceeds on-site design
requirements is clearly the responsibility of the community. The amount .of runoff
generated by a parcel and sent to a stormwater system represents its proportionate
share of the burden of creating and maintaining thestormwater system. Therefore, the
costs of the stormwater management program are a tangible, aggregate measure of the
management of the burden of runoff generated by each parcel.
-
Agenda Item No. 10G
June 22, 2004
Page 1 of 19
Execu~ive Summary, Storrnwater Funding Policy
Page 2
There are many options for funding the stormwater management program; the Florida
Constitution provides authority for counties to:
q Create a stormwater utility (Chapter 403)
q Adopt utility fees that are adequate to plan, operate and maintain stormwater
systems (Chapter 403) .
q Create stormwater management benefit areas within which property owners may be
assessed a fee related to the benefits received by their property (Chapter 403)
q Establish and administer programs for flood and erosion control and drainage
(Chapter 125);
q Create MSTUs and MSBUs to provide stormwater services in unincorporated areas
(Chapter 125);
q Provide drainage services to any municipality/special district through agreements
(Chapter 125);
q Power to levy and collect taxes and special assessments for municipal services
(Chapter 125)
The recommended plan is outlined in Table 1 with the County share of $140 million, Big
Cypress Basin $75 million, MSTU's $67 million, and Grants for $65 miIHon(see
attached for detailed budget).
Capital Projects Funding Snlit County .Funded ·
$200,000,000 113 County $67,000,000 . $67,000,000
1/3 BCB $67.000.000
1/3 MSTU $67.000,000
Tertiary System (swales)
$130,000,000 1/2 County $65,000,000 $65,000,000
1/2 Grants $65,000,000
Tidal Receivin2 Areas
S l6,(XlO,OOO 1/2 County $8,000,000 $8,000,000
1/2 BCB $8,000,000
MSTU*'"
County $140,000,000
BCB $75,000,000
MSTU $67,000,000
GRANTS *:1<* $65,000,000
* County Funded. via .15 mils ad valorem ---> $7.0 million/yr x 20 vr=$140 million
>it'" MSTU - After initial rehabilitation of the tidal areas MSllJ's will be
responsible for operation and maintenance
*** Grants - With a dedicating funding Source there will be more opportunity
to secure gram funding for OP
TABLE 1
-
Agenda Item No. 10G
June 22, 2004
Page 2 of 19
Executive SulIl1TlaJ'y, Stormwater Funding Policy
Page 3
FISCAL IMPACT: Source of funds would be ad valorem taxes with a dedicated millage
to a Stormwater Management Utility.
GROWTH MANAGEMENT IMPACT: The Stormwater Capital Improvement program is
in accordance with the intents of the Drainage Sub-element.
RECOMMENDATION: That the Board of County Commissioners review and discuss
the establishment of a Stormwater Management Funding Policy with .15 mils ad
valorem dedicated solely for the Stormwater Management Capital Improvement
Program. Additronally, that the Board concur as to the overall fundrng program as
outlined in Table 1.
Next Board action at a future meeting will be to pass an updated Ordinance 91-27 for
the establishment of a Stormwater Utility with .15 mils dedicated from ad valorem to
fund the Utility.
,,,..~-
_.
Agenda Item No. 10G
June 22, 2004
Page 3 of 19
,-
Item Number
Item Summary
Meeting Date
Approved By
Sharon Newman
Transportion Services
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
108
Recommendation to adopt a Stormwater Funding policy for the Capital
Improvement Program to ensure adequatenood protection and water quality,
estimated fiscal impact of $140 million from Collier County with a total of $346
m!Hion over the next 20 years.
6i22/20049:00:00 AM
Accounting Stlpervisor
D<lte
TransportaUon Administration
6/14/2004 2:31 PM
Approved By
Norm E. Feder, AIC?
Transportion Services
Transportation Division Adm;n!strator
Date
Transportation Services Admin.
6/14/20044:46 PM
_. Approved By
DIane Perryman
Transportion Services
Executive Secrdary
Date
Transportation Services Ad'!1Ifl.
611512004 8:07 AM
A pproved By
Pat lehnhard
County Manager's Office
Administrative Assistant
Date
Office of Management & Budgd
6i15i2004 8:54 AM
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
6/15/200410:25 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
Gi15i2004 1 :46 PM
,-
Agenda Item No. 10G
June 22, 2004
Page 4 ot 19
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Capital Projects Fund "11I2 Split County Funded *
$200,000,000 113Countv $67,000,000 $67,000,000
1/3 BCB $67,000.000
If3 MSTU $67,000,000
Tettiary System (swales)
$130,000,000 1/2 County $6S,OOO~OOO $65,000,000
1/2 Grants $65,(}()(),000
Tidal Recei~ Areas
$ 16,000,OOQ 1/2 County $8,000.000 58,000,000
1/2 BeB $S,()()(),OOO
;MSTU**
Countv $ 140,000,000
BCB $75.000,000
MSTU $67,000,000
GRANTS *"'* 565,000,000
'" County Funded - via .15 mils ad valorem ---> $7.0 miUion/vr x 20 "r=S 140 million
** MSTU - After initial rehabilitation of the tidal areas MSTU's will be
responsible for operation and maintenance
*** Grants ~ With a dedicating funding source there will be more opportunity
to secure grant fundin~ for CIP
TABLE 1
-
Agenda Item No. 10G
June 22. 2004
Page 6 of 19
ORDINANCE NO. 9~--1l
AN ORDINANCE OF COLLIER COUNTY, FLORIDA
RELATING TO STORMWATER MANAGEMENT IN THE
COUNTY AND CREATING A STORMWATER UTILITY;
STATING AUTHORITY; GOVERNING BOARD, POWERS AND
DUTIES; STATING FINDINGS, PURPOSE AND DECLARA-
TION OF BENEFIT; PROVIDING TITLE AND CITATION;
PROVIDING FOR APPLICABILITY OF ORDINANCE;
PROVIDING DEFINITIONS; ESTABLISHMENT OF A
STORMWATER UTILITY; ESTABLISHMENT OF A
STORMWATER UTILITY ENTERPRISE FUND; PROVIDING
FOR ISSUANCE OF BONDS; PROVIDING FOR DEVELOP-
MENT, IMPLEMENTATION AND APPLICATION OF
FUNDING; OPERATING BUDGET; REQUIRED'LEVELS OF
RATES FOR STORMWATER UTILITY .FEES AND ASSESS-
MENTS; IMPOSITION OF STORMWATER UTILITY FEES;
ESTABLISHING AREA OF OPERATION, BENEFIT AREAS
AND UTILITY FEES; NOTICE REQUIREMENTS FOR
RESOLUTIONS ESTABLISHING OR MODIFYING AREA OF
OPERATION BENEFIT AREAS AND SETTING OR MODIFY-
ING RATES; ASSESSMENTS AND UTILITY FEES;
CREDITS AGAINST UTILITY FEES AND ASSESSMENTS;
BILLING AND PAYMENT OF STORMWATER UTILITY FEES
OR ASSESSMENTS; ADJUSTMENT OF UTILITY FEE AND
ASSESSMENTS, CORRECTIONS; PENALTIES; ADJUST-
MENTS; ADJUSTMENT OF UTILITY FEE AND ASSESS-
MENTS; CORRECTIONS; CREATION OF A COMPREHEN-
SIVE STORMWATER MANAGEMENT UTILITY CODE;
CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE,
WHEREAS, Collier County (the "County") is responsible for the
conservation, management, protection, control, use and enhancement
of water resources and management, maintenance, and improvement of
the stormwater systems in the unincorporated areas of the County;
and
WHERBAS, the County has adopted a Comprehensive Growth
Management Plan whi~h identifies water resource needs and
objectives; and
WHBREAS, the Growth Management Plan directs the County to
adopt stormwater utility service charges as the primary method of
financing the system improvements outlined in the Capital
Improvement Element; and
WHEREAS, the Federal Clean Water Act as amended by the Water
Quality Act of 1987 (33 U.S.C. 1251, et sea.) and rules to be
promulgated by the United States Environmental Protection Agency
require l:hat political entities having populations of greater than
-1-
Agenda Item No. 10G
June 22,2004
Page 7 of 19
-......e..-..
-
100,000 persons develop, implement, and fund stormwater management
programs and obtain discharge permits for certain outfalls from
stormwater systems; and
WHEREAS, the Board of County commissioners (the "Board") has
authori~ed the preparation of a professional engineering and
management analysis of the stormwater systems and the stormwater
management-problems, needs~-goals,-operational and capital
requirements, and funding opportunities in the County; and
WHEREAS,' the professional engineering and management analysis
has been prepared and delivered to the Board and has been
examined, reviewed, discussed and adopted as a blueprint for
. .
implementation by the Board and has been subject to public
meetings and.discussionsin the county; and
WHEREAS, the analysis indicates that substantial stormwater
management operating program, regulatory, and capital improvement
needs exist- in Collier county; and
WHEREAS, the County has concluded that it will be necessary
and essential to undertake a comprehensive stormwater management
program (the "Program") to construct improvements to its existing
stormwater management system which has been developed over a
number of years for the purpose of collection, storage, treatment
and conveyance of stormwater, to ensure that the collection and
disposal of stormwater within the county adequately protects the
health, safety, and welfare of the citizens of the County;
WHEREAS, in developing the Program, the county has concluded
that it is necessary to fund the Program by exercising its
prerogative under Florida law to create a stormwater utility to
collect utility Fees, to make assessments and borrow monies
su~ficient to plan, construct, improve, operate and maintain the
Program, and to set aside any other funds for purposes of funding
the Program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
-
-2-
Agenda Item NO.1 OG
June 22, 2004
Page 8 of 19
. ~_. .'.~-'-~~-~ .....
SECTION ONE: AUTHORITY
The Board is authorized by the constitution and laws of the
state of Florida, including Chapter 125, Florida statutes and
Sectitinf403..0893, Florida Statutes to construct, reconstruct,
improve, and extend. stormwater management systems, or create
stormwater utilities and to issue bonds and other obligations to
finance.in whole or part. the cost of' such systems and to establish
just and equitable rates, fees, and charges for the services and
facilities".provided. by such systems.
SECTION TWO: GOVERNING BO~D, POWERS AND DUTIES
<:.The Board,.of county.commissioners of Collier County, Florida
as the,. governing body of, Collier County is Ex-Officio the
Governing Board of the stormwater utility established hereby with
the power' and duty to conduct the affairs of the utility as
prescribed by, Florida.' law . .
SECTION THR~B: PINDINGS, PURPOSB AND DECLARATION OF BBNEFIT
The Board does' hereby make the following findings:
;.(a) The professional engineering and management analysis
submitted to and adopted by the Board on August 27, 1990
... properly defines the stormwater management needs of the
county.
(b) The stormwater management needs of the county differ
from area to area and that stormwater management service
areas are definable on the basis of such differences in
service needs and contribution to the overall problem;
(c) The ability of the County to effectively conserve,
manage, protect, control, use, and enhance the water
resources of the County is dependent on the provision of
adequate,
equitable
and
stable funding
for the
stormwater management program.
(d) The
stormwater
management
system, including
the
components which provide for the collection of and
disposal of stormwater and regulation of groundwater, is
-J-
Agenda Item No. 10G
June 22, 2004
Page 9 of 19
-"-- .. ......--.- --".
-" --..------
-
of benefit and provides services for the welfare of the
County
and its
residents
inclUding property not
presently served by the physical elements thereof.
,(e) The formation of a stormwater utility, the establishment
,of a separate enterprise fund for accounting of the
',.',./;' -,', revenues, e':.cpenditures, assets, and earnings of the
;.1-"1;H.:....
utility, and adoption of various rates, fees, charges,
rentals, fines, and penalties are necessary to meet the
needs identified in the professional engineering and
management 'analysis.
It is~the intent of the County that in addition to other
available monies, stormwater utility Fees and Assessments shall
fund the' costs of operation and Maintenance, Extension and
Replacement and Debt Service of the stormwater Management System.
--.~It'is therefore the purpose of this Ordinance to provide for
thechealth,. safety''-andwelfare of the citizens of Collier County,
Florida. by providing for the conservation, management, protection,
control, use and enhancement, maintenance and improvement of the
stormwater-systems in the unincorporated areas of the County.
It is "hereby declared and determined by the Board of County
commissioners that the stormwater management services provided
pursuant to this Ordinance and the establishment of a stormwater
utility constitute a benefit to the properties within the Area of
Operation equal to or in excess of the costs of providing such
stormwater management services.
SECTION l"OUR:
TITLB AND CITATION
This Ordinance shall be known and may be cited as the
"Collier County stormwater Utility Ordinance",
SECTION l"IVB:
APPLICABILITY
This Ordinance shall apply to an~ be enforced in all the
unincorporated area of Collier County.
-4-
Agenda Item No. 10G
June 22, 2004
Page 10 of 19
SECTION SIX:
DEFINITIONS
For the purpose of this ordinance, all capitalized, undefined
terms used in this Ordinance shall have the following meanings:
A. "Area of operation" means that area designated in any
resolution of the Board as provided herein as the area within
which the System shall. be operated and in which a Utility Fee is
imposed.
B. "Assessment" means a per acreage fee authorized by the
terms of section 403.0893(3) Florida Statutes, as amended, and
this Ordinance. to be assessed for funding such costs of operation
and Maintenance, Debt Service and Extension and Replacement
attributable' to a Benefit Area that the Board may determine by
resolution of the Board-as provided herein.
C. "Benefit Area" means any portion or portions of an area
within or without an Area of Operation, designated by resolution
of the Board as provided herein as a Benefit Area for purposes of
determining utility Fees and/or Assessments to be payable in such
area.
-- D-, "Board" means the Board of County commissioners of
Collier County, Florida.
E. "Bonds" means revenue bonds, assessment bonds, notes,
loans or any other debt obligations issued or incurred to finance
the Costs of Construction.
F. "Costs of Construction" means costs reasonably incurred
in connection with providing capital improvements to the system or
any portion thereof, including but not limited to the costs of
(1) acquisition of all property, real or personal, and all
interests in connection therewith including all rights-of-way and
easements therefor, (2) physical construction, installation and
testing, including the costs of labor, services, permitting,
materials, supplies and utility services used in connection
therewith, (3) architectural, engineering, legal and other
profession;;, ~ services, (4) insurance premiums ti)ken out and
-5-
Agenda Item No. 10G
June 22, 2004
Page 11 of 19
M. "Operating Budget" means the annual utility operating
budget adopted by the County for the succeeding Fiscal Year.
N. . "Operations and Maintenance" means the current expenses,
paid or accrued, of operation, maintenance and current repair of
the System, as calculated in accordance with sound accounting
practice', and includes, without limiting the generality of the
foregoing, insurance premiums, administrative expenses, labor,
executive compensation, the cost of materials, equipment and
supplies used for current operations, and charges for the
accumulation of appropriate reserves for current expenses not
annually incurred, but which are such as may reasonably be
expected to be incurred in accordance with sound accounting
practice.
O. "Property Appraiser" means the Property Appraiser of
Collier County, Florida.
~P. "Revenues" means all rates, fees, assessments, taxes,
rentals or other charges or other income received by the Utility,
in connection with the management and operation of the System,
including amounts received from the investment or deposit of
moneys in any fund or account and any amounts contributed by the
County, all as calculated in accordance with sound accounting
practice.
Q. "Stormwater Management System" or "System" means the
existing stormwater management of the County and all improvements
thereto which by this Ordinance are constituted as the property
and responsibility of the Utility, to be r.per3ted as an enterprise
fund to, among other things, conserve water. control discharges
necessitated by rainfall events, incorporate luethods to collect,
convey, store, absorb, inhibit, treat, USA or reuse water to
prevent or reduce flooding, over-drainage, environmental
degradation and water pollution or otherwise atfect the quality
and quantity of discharge from such System.
-7-
Agenda Item No. 10G
June 22, 2004
Page 12 of 19
. _.-...,~.~.-...-._.-:-=- ;;'~ ::..':.::.~...._~
R. "stormwater utility" or "Utility" means the enterprise
fund utility created by this Ordinance to operate, maintain and
improve the system.
S. "Stormwater. Utility Fee" means a Utility fee authorized
by Florida law and this Ordinance which is established to pay
Operations 'and Maintenance, Extension and Replacement and Debt
Service.
. .T. "Tax Collector" means the Tax Collector of Collier
County, Florida.
SECTION SEVEN:
ESTABLISHMENT OF A BTORMWATER UTILITY
The Board hereby establishes'a stormwater utility, which
shall'be responsible for the conservation, management, protection,
control, use, and enhancement of water resources in the county and
the management, operation, maintenance, and improvement of the
public stormwater systems, and which utility shall operate as a
Section of the Water Management Department within the
Environmental Services Division of the county.
SECTION EIGHT:
ESTABLISHMENT OF A STORHWATER UTILITY
ENTERPRISE FUND
The Board hereby establishes a stormwater Utility Enterprise
Fund for the accounting of all revenues, expenditures, assets, and
earnings of the utility, in which all revenues from the stormwater
utility shall be deposited, Monies in said Fund shall, in
priority of order, pay the costs of (i) Operations and
Maintenance, (ii) Debt Service and (iii) Extension and
Replacement.
SECTION NINE:
ISSUANCE OP BONDS
The Stormwater utility may issue Bonds for the purposes
described herein pursuant to a resolution of the Board authorizing
the issuance thereof. Except as herein otherwise expressly
provided or in any resolution of the Board authorizing the
issuance of Eonds, all Bonds shall be payable solely out of the
revenue and receipts derived from the System or of any portion
-8-
Agenda Item No. 10G
June 22, 2004
Page 13 of 19
-
thereof; provided, that notes issued in anticipation of the
issuance of Bonds may be retired out of the proceeds of such
Bonds.
SECTION TEN:
DEVELOPMENT, IMPLEMENTATION, AND APPLICATION OF
FUNDING
. .
The Board shall provide for the development, implementation,
.' . ;' r, ,.,,:..
and application of various funding methods including but not
limited to the service charges, special assessments, non ad
valorem assessments, fees for services or in-lieu of regulatory
requirements, fines, penalties, impact fees, and such other
..~ .1.", ._,:
funding methods as the County may be authorized to use as it
determines by subsequent resolution.
SECTION ELEVEN: OPERATING BUDGET
The Board shall adopt an Operating Budget not later than the
first day of each Fiscal Year. The Operating Budget shall set
forth for such Fiscal Year the estimated Revenues and the
estimated costs for operations and Maintenance, Extension and
Replacement and Debt Service.
SECTION TWELVE:
REQUIRED LEVELS OF RATES FOR 8TORMWATER UTILITY
FEES AND ASSESSMENTS
The Board shall require that adequate Revenues are generated
to provide for a balanced Operating Budget by setting sufficient
levels of stormwater utility Fees and Assessments,
SECTION THIRTE~N:
IMPOSITION OF STORMWATER UTILITY FEES
The Board hereby authorizes the imposition of Stormwater
Utility Fees on all property within the Area of Operation which
shall be established or modified by Board resolution as provided
herein. Additional utility Fees may be established by Board
resolution as provided herein.
SECTION FOURTEEN: ESTABLISHING AREA OF OPERATION, BENEFIT AREAS
(1) Area of Operation.
(a) The Board shall describe and establish the initial
Area of Operation and shall make such modifications as it
determines by subsequent resolution as provided herein.
-9-
Agenda Item No. 10G
June 22, 2004
Page 14 of 19
-
,
.
(2) Benefit Areas.
(a) The Board may describe and establish Benefit Areas
within or without the Area of Operation and may establish
additibnaL Benefit:Areas and make such' modifications as it
determines by subsequent resolution as provided herein,
SECTION FIFTEEN:
NOTICE REQUIREMENTS FOR RESOLUTIONS
EST~LISHING OR MODIFYING AREA OF OPE~TION,
BENEFIT AREAS AND SETTING OR MODIFYING RATES
A public hearing shall be held prior to adopting resolutions
establishing or modifying an Area of Operation, Benefit Areas, or
setting or modifying stormwater utility Fees and Assessments.
Notice of the pUblic hearing shall be published 15 days prior to
the hearing in a newspaper of general circulation in the County.
. - ,. . - \,..
-- ._. .-~. "- -
SECTION SIXTEEN:
ASSESSMENTS AND UTILITY FEES
The Board may, by resolution, establish a Benefit Area and
impose a per acreage fee on real property located in the Benefit
Area. Benefit Areas may be charged an Assessment in addition to
utility Fees.
(1) Assessments. Assessments shall be established by this
-' _. - - .
__ _____n___
Ordinance or by Board resolution as provided herein, which shall
set forth (i) the Benefit Area to which the Assessment applies and
(ii)'what portion of the Assessment will be used for the costs of
Operations and Maintenance, Extension and Replacement and Debt
se~yi_ce.".' The. Board in its discretion may determine that
Assessments should vary by Benefit Area based on its review of the
facts, including benefits received, burdens produced and services
rendered.
(2) utility Fees. utility Fees shall be initially imposed
and may be later modified by Board resolution as provided herein.
Any Board resolutions imposing or mOdifying Utility Fees shall set
forth (i) the Area of Operation or Benefit Area to which the
Utility Fee applies (ii) what portion of the Utility Fee will be
used for the costs of Operations and Maintenance, Extension and
Replacement and Debt Service and (iii) the utility Fee rate, if
-10-
Agenda Item No.1 OG
June 22,2004
Page 15 of 19
,-
applicable. The Board in its discretion may determine that
Utility Fees should vary by Benefit Area based on its review of
the facts including benefits received, burdens produced and
services. rendered. .
SECTION SEVENTBEN:- . CREDITS AGAINST UTILITY FEES AND ASSESSMENTS
. ._,-'.",,_'Frop~.xt.y!.owners,",lIiay' receive-credit against utility Fees and
s~'!~__:,:: :. _i.;'. ',T ~ ".' - .. -
Assessments in amount~rapproved by the Board for past or future
expenditures determined by the Director to benefit the System.
Such. determination shall be made in accordance with the guidelines
set forth in resolutions establishing an Area of Operation,
Benefit Area or setting utility Fees and Assessments.
SECTION EIGHTEEN:
BILLING AND PAYMENT OF UTILITY FEES OR
ASSESSMENTS, PENALTIES; ADJUSTMENTS
The Board shall, by resolution, establish the method of
collecting stormwater utility Fees and Assessments and may provide
for any remedies permitted under Florida law for collection of
payments, inClUding liens and penalties and any remedies set forth
in the provisions contained in S40J.039J, Florida Statutes, as
amended.
SECTION NINETEEN:
ADJUSTMENT OF UT!LITY FE! AND ASSESSMENTS;
CORRECTIONS.
(1) Owner-Initiated Adiustments. Requests for adjustment of
the utility Fee or an Assessment 'o[1all be submitted to the
Director, who shall have authority to adjust the util~ty Fee or
Assessment pursuant to the procedures ~nd standards as established
herein. No credit shall be given for ~he installation of
facilities required by County ordinances cr applicable laws. The
following procedures shall apply to all adjustment requests of the
Utility Fee or an Assessment:
(a) Any owner who believes the utility Fee or
Assessment is incorrect may, subject to the limitations set forth
herein, submit an adjustment request tQ t~e Director.
(b) The adjustment request shall be in writing and set
forth, in detail, the grounds upon which the correction is sought.
-11-
Agenda Item No. 10G
June 22, 2004
Page 16 of 19
(e) The adjustment request of a Utility Fee or
Assessment must be made within thirty (JO) days after the date of
its first class mailing. The adjustment request will be reviewed
by the Director within three (3) months from the date of filing of
the~9djustm8nt._request.:. consideration by the Director of the
owner's request, for adjustment shall not relieve the owner of the
obligation to make timely payment of the utility Fee or
Assessment. In the event an adjustment is granted by the Director
which decreases the Utility Fee or an Assessment, the owner shall
be entitled to credit for the excess utility Fee or Assessment
paid. If the Utility Fee or Assessment is placed on the real
prop~:t"ty:..tax bill, the_ credit shall. be so noted on the respective
owner's real property tax bill.
(d) The owner requesting the adjustment may be
required, at his own cost, to provide supplemental information to
the Director inClUding, but not limited to, survey data approved
by a professional land surveyor and engineering reports approved
by a professional engineer. Failure to provide such information
may result in the denial of the adjustment request.
.~_ ';:.1'-- .-"
-, -.. ----.
(e) The granting or denial of an adjustment to a
utility Fee or an Assessment will be furnished to the owner, in
writing, by the Director. If the utility Fee or an Assessment is
placed on the real property tax bill, the document granting an
adjustment to a Utility Fee or an Assessment will also be sent to
the Tax Collector.
(2) Riqht of Review bv Board. The owner has the right to
appeal the decision of the Director to the Board. The appeal must
be made within thirty (30) days of receipt of such denial. The
Board shall furnish, in writing, its determination within sixty
(60) days of receipt of the request for review. It shall set
forth the reasons for the decision based on the criteria contained
in this Section.
~12-
Agenda Item No. 10G
June 22, 2004
Page 17 of 19
--
-
1
(J) County-Initiated Ad;ustments,
IE the UtIlity Fee or an
Assessment is placed on the Tax Bill, any error3 in the Utility
Fee or an Assessment or failure to charge a Utility Fee or an
Assessment may be corrected by the Tax Collector. If the Utility
Fee Oll"' an-Assessment_ "is not placed on the Tax Bill, any errors in
the UtilitY-Fee or an~Asses5ment or failure to charge a Utility
Fee or Assessment ma~be corrected by the Director. Corrections
whic~result in an increase in a Utility Fee or an Assessment
cannot~be- imposed until the owner has consented in writing to the
increase or has been given at least ten (lO) days notice by
certified mail and an opportunity to be heard by the Board. Once
the adjustment is finalized, the Director shall send documentation
reflecting the adjustment to the owner and, if the Utility Fee or
Assessment is placed on the Tax Bill, the documentation will also
be sent to the Tax Collector.
SECTION TWENTY:
CREATION OF A COMPREHENSIVE STORHWATER
MANAGEMENT UTILITY CODE
The Board may create and adopt a cnmpr~h~nsive Stormwater
Management utility Code for the County.
SECTION TWENTY-ONE:
CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or ~ortion of this
ordinance is held invalid or unconsti t'.lti':':~al by any court of
competent jurisdiction, such portion shall be deemed separate,
distinct and independent provision and such ~olding shall not
affect the validity of the remaining porcion.
SECTION TWENTY-TWO: EFFECTIVE DATE
This Ordinance shall become effecti~e upon receipt of notice
from the Secretary of State that this ()cdin~~ce has been filed
with the Secretary of State.
-13-
Agenda Item No. 10G
June 22, 2004
Page 18 of 19
PASSED AND DULY ADOPTED by the Board of County Commissioners
ot Collier County, Florida this -LL day of /"%,,--.-::'.L-- 1991.
. ATTEST: .
~ . JAMES C. GI~'ES r Clerk
:;~'~-J.(i) r'.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
" r . \~ -..':-';: .
BY:P~~~~
PATRICIA ANNE GOODNIG
Chairperson
and
ord/dp/2:l81
This ordi.,p-" ,.j.~ with tne
~~ClStary , ,~cfiCl the
aJLJ.JYjoy oQr~._W
and ocknow cci'.r".c~~ ,f .,::t
filing recejved Ihi, ::'CJ'f
of
-14-
Agenda Item No. 10G
June 22,2004
Page 19 of 19
^-
EXECUTIVE SUMMARY
Recommendation to approve the attached Agreement For Sale And Purchase for acquisition
of the former Arthrex, Inc. building and expenses associated with its purchase, necessary
renovations, and relocation of Transportation Division offices from leased facilities at a total
cost not to exceed $6,309,000. (Norman Feder, Administration, Transportation Services
Division)
,
OBJECTIVE: To purchase a building and relocate Transportation Division offices from leased
facilities.
CONSIDERATIONS: The Transportation Division is currently leasing 23,631 square feet of
office space on South Horseshoe Drive. The space consists l)f three buildings under five separate
leases housing Transportation Administration, Transportation Right-of-Way, Transportation
Planning, Transportation Operations, and Storm water Management. Several employees are already
doubling up in offices and individuals selected to fill eight approved open positions will have to do
the same. The main conference room is being used for file space and parking is an ongoing
problem. The Veterans Administration Clinic also located on site has 10 dedicated parking spots.
The clinic routinely requires a greater number of spots so the overflow ends up using Transportation
designated spots. The computerized traffic signal system needs to be located in a more secure and
fortified room for emergency response operations. These work groups require at least 30,000
square feet of space, but under the County's Space Master Plan, Transportation is not scheduled to
- relocate to facilities that better meet its needs until late 2007 when it is to move into the County-
owned building located at 2373 South Horseshoe Drive now housing the Sheriffs Crime
Investigation Division (SCID Building).
The former Arthrex Inc., building located at 2885 S. Horseshoe Drive, approximately one-quarter
mile east of Transportation's current offices and immediately south of the CDES building is on the
market for sale. This building contains approximately 35,000 square feet with 16,641 square feet of
office space and 15,907 square feet of warehouse area. The building sets on 2.65 acres and has 98
parking spaces. A few of the building's special features are the dedicated computer and phone
rooms. The computer room has a raised floor and a security system with a halon system installed in
the event of fire. The warehouse has a sound proof room for the computerized signal system that
with a few modifications could be made hurricane safe. The warehouse area would also house the
signal shop, sign room and Traffic Operations' staff. The west side of the warehouse has a private
entryway for customers to access the ROW Permitting section - minor modifications will be
required. The building has three large conference rooms; an employee lounge area, sufficient rest
rooms, and enough tile storage area so that off-site storage will no longer be necessary,
Staff has been successful in negotiating the purchase of the Arthrex building from Heritage Square
Real Estate, L.L.C., the owner, for $5,950,000. Two independent real estate appraisers gave value
at $5,750,000 and $6,000,000. Associated closing costs, and costs of the appraisals and building
inspection wilLbe approximately $32,425. The attached Agreement for Sale and Purchase provides
that should the County elect not to close the transaction for any reason, except for default by Seller,
the County will pay Seller $5,750 as liquidated damages. A professional building inspection
- company has physically examined the building and found it to be generally in good condition with
the only immediate required repair being a surface crack on the buildings west exterior wall. The
owner is required to make this repair prior to closing. Staff's and the inspe~da Item NO.1 OH
June 22, 2004
Page 1 of 18
EXECUTIVE SUMMARY
Arthrex building purchase
Page 2
company's examination of the site revealed no environmental irregularities. Facilities Management
has therefore waived the need for a formal environmental inspection. The Agreement has been
reviewed and approved by the Transportation Division. Facilities Management Department and the
County Attorney's Office. Because the purchase price is higher than the average of the two
appraisals, approval of the Agreement will require an affirmative vote of not less than four
members of the Board (supermajority vote).
The current layout up of the Arthrex building will fit Transportations needs with the following
minor changes.
S $ 5,000 for carpet cleaning, wall repairs and paint.
S $ 43,500 for purchase of 29 Herman Miller cubicles from Arthrex @ $1,500 per station.
S $ 5,000 for Office Pavilion to reconfigurc office space for all Herman Miller items.
S $ 50,000 for purchase of additional cubicle parts if needed (allowance).
S $ 15,000 to enclose offices for Traffic Operations and ROW Permitting staff supervisors.
S $ 15,000 to carpet areas of the warehouse used for "taff offices.
S $ 10,000 as a contingency for unforeseen expenses.
$143,500 Total
In addition to the preceding, there will be costs associated with physically relocating people, files,
and equipment, and cancellation of one lease, to wit:
S $ 8,000 for moving Transportation staff, furniture and files.
S $ 50,000 to relocate the Computerized Traffic Signal System.
S $100,000 for computer and phone systems relocation.
S $ 24,900 to terminate Transportation Administmtion' s lease.
$182,900 Total
The total costs for acquisition, renovations, moving. and lease termination will be approximately
$6,308,825.
The Arthrex building should meet Transportation's :;pace f1ceds for the next 20 years and the
building has a remaining useful life of not less than 3 5 yc~u"S. There are also advantages in housing
the five work groups in one central location. Existmg lease payments that would be required in FY
05 are summarized below:
S?ace
Transportation (existing space)
Utility Billing (relocation to industrial park)
Outside storage
Total
FY 05 Cost
$434,720
5141.703
$5,000
$581,423
0_
Note: It was assumed that Transportation would expand into the omce space being vacatl'd by the Utilities
Billing section.
Agenda Item No. 10H
June 22, 2004
Page 2 of 19
EXECUTIVE SUMMARY
Arthrex building purchase
Page 3
This building acquisition complies with the Board direction to the County Manager to relocate staff
from rental facilities, There is the added advantage in that debt service is only slightly higher than
the existing rental payments and that the County will begin building equity in an asset in an
appreciating real estate market.
FISCAL IMP ACT: The total costs for acquisition, renovations, moving, and lease tennination
amounts to $6,308,825 as detailed below:
Item
Building Acquisition/Closing Costs -
RelocationlEquipment Costs -
Lease Termination -
Total
Amount
$5,982,425
$301,500
$24,900
$6,308,825
Source of Funds
Commercial Paper Loan
Roads Fund (313)
Transportation Administration (101)
The $24,900 lease termination will be paid from the Transportation Administration operating
budget. The balance of miscellaneous costs (outlined on page 2) amounting to $301,500 will be
paid from the Roads CIP Fund (313). The balance of funding required ($5,982,425) will be
financed through a Commercial Paper loan. The loan repayment will be based on a 20-year
amortization, Average annual debt service over the 20-year loan amounts to $501,705, which is
less than the annual rent expense discussed previously. Increased future rent expenses (CPI
adjustments) will also be avoided.
FY 05 debt service (assuming a 5% interest rate) amounts to $607,000. In FY 05, the budgeted rent
will be applied toward the debt service payment and any differential will be budgeted in the
Government Building impact fee flmd. Staff is currently finalizing the FY 05 proposed budget.
Should sufficient capacity exist in the Government Building impact fee fund, the entire debt service
payment may be. made from this source. Staff will also evaluate opportunities to secure fixed rate,
long-term bond financing for this building.
GROWTH MANAGEMENT IMPACT: This purchase is not inconsistent with the County's
Growth Management Plan or Master Space Plan.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the attached Agreement for Sale and Purchase, and Budget Amendment; and
2. Authorize Chairman Fiala to execute the Agreement and Budget Amendment on behalf
of the Board; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
,-
Agenda Item No. 10H
June 22, 2004
Page 3 of 16
4. Direct staff to proceed to acquire the subject property, to follow all appropriate closing
procedures, to accept the deed(s), and to record the deed(s) and all necessary documents
(after approval by the County Attorney's Office) to obtain clear title to the property; and
5. Request the Board to waive formal competition to purchase work stations under
Purchasing Policy V (A) 3, and authorize staff to purchase the workstations from
Arthrex, Inc., and to complete building improvements. using three quotes from general
contractors currently under contract with the County.
6. Authorize staff to prepare a Commercial Paper loan resolution to be ratified by the
Board at the next Commission meeting.
,.e---
^-~-...
Agenda Item No. 10H
June 22, 2004
Page 4 of 18
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMl5610NERS
10H
This :t9m continued from the June 3, 2001; BCC Meeting. Recommendation to
8fJprove the a:t<lchi'ld Agref:mel1! For Sale p.nd Pl!rchm;"~ for acquisition of ,he
:orrner .Aithrex, inc. bUlld:ng and expenses associated with fts purchase,
nec!?ssary renovations, and relocation of Transportation Division ~)ffices from
teased 'acUities at a total cas! no! to exc.t:>oo $6,309,000 (Ncnnan Feder.
,.c\drn;nistrator. Transportation Serv1cHs Division)
5/22/2004 9. eM}: OOA,\1
Date
Prepared By
Cindy M. Ert;
Admln:strathm S"rlh;l>!\
S'lninr Prnp~rt"y
Acquisition S~E.'dillist
5!,1:-Z004 H)'03.0SAM
Approved By
f,ldlitiN\ Manag!Jment
rk>rrn E. reder, AICP
rransport;<Jn Serv;ces
Tr:>:nsport3tion Division
Admln:strat'J.
Date
rr:>:nsport3tion Senrfces
Admin.
5128!20n4 ~:39 I"M
Approved By
Charles E. Cilrringlon, Jr.,
SR!WA
Administratilie Services
"-eal Estate Services
Managar
Date
Facil!ties Management
i>i1/l004 12:21 PM
Approved By
SI<~p Cam!" C.F.M.
Admir;;strative Serv;ces
f'acili!iQS Managem!Jnt
lJir<:ctor
Date
Approved By
F<lciHties Management
6!-1 i20114 11: Oil AM
Sharon Newman
rransport;<Jn Serv;ces
AccQ~$nUng SUPt:r.;;st.)r
Data
Tr.?n~lJort3tion
A(jmjn:st~;;liofl
~nr,wn4 ~:21 AM
Approved By
Pat Lehnhil.d
County M;'lnager's Offi';e
Administratilie Assistant
Dat&
Ot<ic,; ot M,;nag"mQnt 8.
Budget
611/7.0042:31 PM
Approved By
Mi(;~I;;,,1 Smykowsk:
County MM~agM's Offi';e
Management & Budget
Dimdor
Oal<'l
Ot<ic... 0: M,magement 8.
Budget
6/1/7.0043:::0 PM
Approved By
Len E. Ocl".$, Jr.
8QarrJ of CrHmty
C(Jmn~:s$ion~rs.
Dt;!':.rty CCJunty Man,'yer
Date
County Man<lgE;r's Office
;;!2/2Q04 3:38 PM
Agenda Item NO.1 OH
June 22, 2004
Page 5 of 18
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between HERITAGE SQUARE
REAL ESTATE LLC, a Florida limited liability company, whose address is 540 Inlet
Drive, Marco Island, FL 34145-5937, (hereinafter referred to as "Seller"), and Collier
County, a political subdivision of the State of Florida, 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", together with all rights,
privileges, hereditaments, and appurtenances pertaining to the land and all
buildings, structures and other improvements now and hereafter situated upon the
land.
II. PAYMENT OF PURCHASE PRICE
201 The purchase price (the "Purchase Price") for the Property shall be Five
Million Nine Hundred Fifty Thousand Dollars ($5,950,000.00), (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 sixty (60) days following
execution of this Agreement by the Purchaser but not later than August 31, 2004,
unless extended by mutual written agreement of the parties hereto or unless more
time is required for Seller to conveyor clear title per Section 3.011. 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
Florida 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, assessments and encumbrances
other than:
Agenda Item No. 10H
June 22, 2004
Page 6 of 18
(a) The lien for current taxes.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance undelWriter 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.
3.0115 Such evidence of authority and capacity of Seller and its
representatives to execute, acknowledge and deliver this Agreement,
and all other documents as may be required to consummate the
transaction contemplated hereby, as Purchaser's counsel and/or
Purchaser's title company may re2sonably determine.
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
Purchaser verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the title
commitment secured on the prcperty, and the title company is
irrevocably committed to issue the :;tle policy, referenced in Section
4.011 thereto.
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 B 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, and any applicable exemptions.
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. All assessments, charges and
association fees will be paid by Seller.
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 T A Commitment for an Owner's Title Insurance Policy
(AL TA 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 inA'ffg~88'flt'mVi No. 10H
June 22,2004
Page 7 of 16
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 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 sixty (60) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. There are no abnormal drainage or environmental requirements to the
development of the Property.
2. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
3. The Property can be utilized for its intended purpose.
4. All structures and improvements on the property are sound. and all
systems, fixtures and appliances are in good and safe operating condition.
5. The Property is free of any termite or insect infestation or damage.
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,
inspecting the premises and conducting site analyses, and all o)(1g~Rffir~f~~ No. 10H
June 22, 2004
Page 8 of 18
3
investigation. Purchaser shall, in performing such tests, use due care and shall be
responsible for any loss or damages occasioned thereby. Seller shall be notified
by Purchaser no less than twenty four (24) hours prior to said inspection of the
Property.
5.04 Notwithstanding the foregoing, Purchaser has completed a preliminary
inspection of the property and closing on this transaction is contingent upon Seller,
to the satisfaction of the Purchaser, repairing the surface fracture on the exterior
wall on the west side of the building.
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 AND DELIVERY
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
7.02 Seller agrees to deliver the premises in a clean condition with all structures,
air-conditioning and heating systems. appliances and all other improvements
and/or fixtures in a good working condition at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2003 taxes, and shall be
paid by Seller.
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 thi.st.greement by giving written
notice thereof to Purchaser, whereupon one-tenth percent (.1 %) of the purchase
price shall be paid to Seller as liquidated damages which snail 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 diffi~ult 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.
4
Agenda Item No. 10H
June 22,2004
Page 9 of 16
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 and shall survive the Closing and
are not deemed satisfied by conveyance of title. 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.
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.
5
Agenda Item No. 10H
June 22, 2004
Page 10 of 18
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
Agreemer.t 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
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 M 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
6
Agenda Item No. 10H
June 22, 2004
Page 11 of 1 B
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:
With a copy to:
If to Seller:
With a copy to:
With a copy to:
Real Estate Services
Administration Building - 4th Floor
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
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
Josef Magdalener, Manager
Heritage Square Real Estate LLC
540 Inlet Drive
Marco Island, FL 34145-5937
Telephone number: 239-642-4110
Fax number: 239-642-2246
Attorney William G. Morris
247 North Collier Boulevard
Marco Island, FL 34145
Telephone number: 239-642-6020
Fax number:
Mary S. Willkomm, Broker
2081 Tamaimi Trail North
Naples, FL 34102
Telephone number: 239-649-0002
Fax number: 239-649-8269
11.02 The addresses 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 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.
12.02 Seller represents that the Real Estate Brokers representing the transaction
are Charde Group, Inc., and Perfect Properties of Naples, Inc.
XIII. MISCELLANEOUS
7
Agenda Item No. 10H
June 22, 2004
Page 12 of 18
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 0; 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 acceptance and approval by the Board of County
Commissioners of Collier County, Florida, by an extraordinary vote.
13.09 If the Seller holds the Property in 'he 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 havil1g 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.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
13.11 This Agreement will be effective as of the date of Purchaser's execution of
this Agreement.
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
8
Agenda Item No. 10H
June 22, 2004
Page 13 of 18
and dated by boolh PLlrchaS9r and Sellar. Time is of the essence of this
Agral)ment
DElled ProJecVAcqu isition Appro'/ed by acc-
IN WITNESS WHEREOF, tho partie!:> t1t~r~to set forth their tumds !.eals.
AS TO PURCHASER;
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
, Deputy Clark
AS TO SELLER:
DATED: ('nO I'; LIJDLf
WITNESSES:
~ 11 Hi/.UY'L"'-
mAr~ l,);l!k"mtY1
(Printed N S)
-
0d I~-JM .s. tJillkmHYJJ 1iL
( r~ Nama)
WITNESSES:
:Ci~;o, (11f1~ ,
(8,11" lJ
.lli~ Witlfwmm
~~d-~)
($gnslUrel
It.h/J~fY\ I /JJIJJdJ]1/Yl rIC-
IPrln~ Name) I
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY;
DONNA ~IALA, CHAIRMAN
HERITAGE SQUARE REAL ESTATE. LlC.
a Flonda limited liabili1y company
6....:
J
~_....
HEAlfAGE SQUARE REAL ESTATE,lLC.
a flQrida limitedllabill tv oompany
~
Agenda Item No.1 OH
June 22, 2004
Page 140f18
lUR/
(Signature) __~
rnO-f i~')O- Ie \ fYlQr
(Printed Name)
g7\~
(Signature)
~~ M-~ ~ ~ \Mtf?-
(Signm~n')s~ ~\AlQv
(Printed Name)
Approved as to form and
legal sufficiency:
~//-,_ VU//__..
Ellen T. Chadwell
Assistant County Attorney
HERITAGE SQUARE REAL ESTATE, LLC,
a Florida limited liability company
8Y~ .
OTTO SCHMA, ~naging Member
HERITAGE SQUARE REAL ESTATE, LLC,
a Florida limited liability company
BY:t2 f~~~
AMANDA SCHMALZ, as Managing
Agenda Item No. 10H
June 22, 2004
Page 15 of 16
10
EXHIBIT" A"
TAX IDENTIFICATION NUMBER: 30530320000
SITE ADDRESS: 2885 HORSESHOE DRIVE SOUTH, NAPLES, FLORIDA.
LEGAL DESCRIPTION:
ALL OF LOT 8; THE WESTERLY 100.00 FEET OF LOT 7, LOT 20 LESS THE
NORTHERLY 335.00 FEET THEREOF; AND THE WESTERLY 100.00 FEET OF LOT
21, LESS THE NORTHERLY 335.00 FEET THEREOF, ALL WITHIN THE EAST
NAPLES INDUSTRIAL PARK PLAT, AS RECORDED IN PLAT BOOK 10, PAGES 114
AND 115, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT:
ALL THAT PART OF LOTS 7 AND 21, EAST NAPLES INDUSTRIAL PARK,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGES
114 AND 115, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; MORE
PARTICULARL Y DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER
OF SAID LOT 7; THENCE NORTH 89'51 '42" EAST ALONG THE SOUTHERLY LINE
OF LOT 7 A DISTANCE 96.50 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE ALONG SAID
SOUTHERLY LINE LYING NORTH 89'51'42" EAST A DISTANCE OF 3.50 FEET TO
AN INTERSECTION WITH A LINE LYING 100.00 FEET EASTERLY OF, MEASURED
AT RIGHT ANGLE TO AND PARALLEL WITH WESTERLY LINE OF SAID LOT 7;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00"08'18" WEST ALONG SAID
PARALLEL LINE A DISTANCE OF 360.00 FEET TO AN INTERSECTION WITH THE
NORTHERLY LINE OF SAID LOT 7; THENCE CONTINUE NORTH 00"08'18" WEST
ALONG A LINE LYING 100.00 FEET EASTERLY OF MEASURED AT RIGHT ANGLE
TO AND PARALLEL WITH THE WESTERLY LINE OF SAID LOT 21 A DISTANCE OF
24.40 FEET TO AN INTERSECTION WITH A LINE LYING 335.00 FEET SOUTHERLY
OF, MEASURED AT RIGHT ANGLE TO AND PARALLEL WITH THE NORTHERLY
LINE OF SAID LOT 21, THENCE SOUTH 89'51 '42" WEST ALONG SAID PARALLEL
LINE A DISTANCE OF 0.90 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH
00<>14'5TWEST 384.41 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED.
11
Agenda Item No. 10H
June 22, 2004
Page 16 of 18
-.
June 22, 2004, BCC Meeting
Item 10H
Arthrex Building Purchase
COMPARISON OF ARTHREX BUILDING. HORSESHOE SQUARE, AND THE ARNOLD BUILDING
ITEM ARTHREX BUILDING H RSE H E S THE ARNOLD BUILDING
PRICE: $5,950,000 $8.378.000 $12.980,000
Price er build in s uare foot: $182.81 $189.99 $184.38
Comments: Note that the square foot costs of the Arthrex Building is the lowest of the three buildings. Using land and building values expressed
In the two appraisals prepared for the Arthrex building, the Arnold Building and Horseshoe Square are priced approximately $1 ,000,000 higher than
the indicated value.
f.~-:.'
BUILDING SIZE: 32,548 44,096 70,400
Leased s uare feet: 0.00 5 202 42,400
NET USABLE SQUARE FEET: 32,548 38,894 28,000
Comments: The Transportation Division's space needs for the next 20 years is approximately 32,000 square feet. Horseshoe Square has 12,096
square feet more than needed at a cost of $2.3 million. The Amold Building has 36,400 square feet more than needed at a cost of $7,080,192.
Should the County purchase either Horseshoe Square or the Arnold Building, it would be acquiring more space than needed and assume the
responsibility and liability of being a landlord. The tenants in the Amold Building have three to four years remaining on their leases plus repeated
options to extend. The Veterans Administration lease at Horseshoe Square is month to month. Sharing a building with third parties reduces the
County's ability to maintain building security at the desired Jevel.
,-li
bt,"J~' .
TRANSPORTATION'S 20 YR. SPACE NEEDS:
22,000 sq. feet of office space:
1 0,000 s . feet of warehouse s ace:
Comments: 5,907 square feet of the existing warehouse space at the Arthrex Building will be converted to office space. Horseshoe Square lacks
8,135 square feet in needed warehouse space. The Amold Building lacks 4,000 square feet of needed office space and does not have an
warehouse space. The 28,000 square feet at the Amold Building is split between two floors, approximately 19,000 on the second floor and 9,000
on the first. The Arthrex Building has the unique capability of adding a second floor in the warehouse, if additional floor space Is needed some time
in the future.
ACREAGE:
2.65
3.30
4.67
Comments: Horseshoe Square has land enough to add an additional building. The other two properties are built to capacity.
BUILDING AGE:
5 to 9 years
4 years
2 years
Comments: Arthrex's main building was built in 1995 and the warehouse additfon in 1999.
CONSTRUCTION QUALITY & SAFETY ISSUES:
Good
Undetermined
Undertermined
Comments: A professional inspection has not been done on Horseshoe Square or the Arnold Building so a comparison of construction quality can
not be made. Per Michael Dock, County Safety Manager, the stairs to the second story of the middle building at Horseshoe Square are outside
and steeper than any other in a County facility. While they meet code, In climate weather, the stairs become dangerously slippery. Again, because
of the steepness of the stairs, emergency evacuation is dangerous. There are safety issues with having exterior, unguarded elevators. The
potential for an assault upon an employee or customer is greater than In interior elevators. The hallways in the building are very narrow increasing
the opportunity for an accident. The parking lot is poorly lit and the aisles narrower than desired. Drainage is not good. Horseshoe Square
consists of three buildings and employees and customers going from building to building in climate weather presents an opportunity to slip and fall.
There is currently a pending Workers Compensation claim at Horseshoe Square from an employee slipping and falling on the stairs. While the
Arthrex Building does have extensive exterior glass, it is all tempered and laminated,
allows outside light into all interior areas of the building, and adds to the Building's overall aesthetics. The building design is consistent with that of
the new Community Development & Environmental Services (CDES) building In that it provides courtyard areas and a fully-equipped break roo
for employees.
PARKING SPACES:
98
184
277
Comments: Including customer parking, Transportation needs 120 spaces. In addition to Arthrex's existing 98 spaces, five additional custome
spaces can be added along the circular drive through, plus approximately 50 spaces are available In the adjacent County-owned parking garage
for a total of 153 available spaces. This equates to 1 space per 137 square feet of office space. Horseshoe Square has 1 space per 230 square
feet, which would have to be shared with the Veterans Administration employees and customers. The Arnold Building has 1 space per 254 square
feet of office space, which also would have to be shared with its tenants.
IOH
l1 ~ (8
.....
June 22, 2004, BCC Meeting
Item 10H
Arthrex Building Purchase
ITEM
ANNUAL FEES, RENOVATION, MOVING &
TRANSACTION COSTS:
Annual association dues:
Annual elevator maintenance & inspections:
Cost of renovations & cubicles:
Cost to relocate employees & equipment:
Lease termination fee:
Transaction closing costs and costs of
appraisals, inspection, title commitment, and title
policy:
Arthrex expenses for appraisals, inspection, and
title commitment:
Lease income:
First year principal payment on 20 year
commercial paper loan @ 5% interest:
First year interest payment on 20 year commercial
aper loan @ 5% interest:
FIRST YEAR COST:
$2,485
o
$143,500
$158,000
$24,900
$32,425
$3,095
$1,540
$400,000
$188,000
$0
$4,380
$130
$478,500
$188,000
$24,900
$39,825
$53,465
Included above.
$11,325
($94,024)
$0
$11,325
($990,458)
$0
$0
$0
$303,500
$664,810
$418,900
$957,336
$652,240
$422,482
Comments: The additonal costs of renovations for Horseshoe Square is for modification of space now occupied by the County's Department of
Revenue (DOR), and space now owned and occupied by Design Purchasing Network, Inc. The total buildout cost for the Amold Building would be
approximately $1.5 million, but the owner will provide an allowance of $40 per square foot reducing the cost to the County to $380,000. The
$98,500 difference is the costs of cubicles. The DOR is scheduled to move from Horseshoe Square in November 2004 and will be taking the
CDES IT phone system with them. The system will require replacing and will cost $30,000 more to install at Horseshoe Square and the Arnold
Building than at the Arthrex Building. Lease income is from tenants that would remain in Horseshoe Square and the Arnold Building, afte
purchase by the County. The first year's interest is calulated on a $5,982,425 loan being secured to purchase the Arthrex Building, a $8,429,150
loan for the Horseshoe Square purchase, and a $13,044,790 loan to acquire the Arnold Building. The average annual debt service for each loan
would be $501,705; $642,722; and $994,666, respectively.
COST SUMMARY:
Purchase Price:
Total of first year's costs:
Total interest paid during the life of the loan:
TOTAL COST OF PURCHASE:
$5,959,000
$664,810
$2,987,475
$9,611,285
$8,378,000
$957,336
$4,006,399
$13,341,735
$12,980,000
$422,482
$6,196,270
$19,598,752
loH
18 of te
-,
EXECUTIVESU~ARY
Recommendation to approve a Development Agreement with A. Grover Matheney, as
Successor Trustee under that certain Land Trust Agreement dated June 29, 1988; and as
Successor Trustee under that certain Land Trust Agreement dated July 10, 1998; Blend-AU
Hotel Development, Inc.; Walden Avenue Blend-All Hotel Development, Ine.; Dick Road
Blend-AU Hotel Development, Inc.; and WR-I Associates Ltd. (collectively, "The Developers"),
pursuant to which (1) The Developers will dedicate, at no cost to the County, certain land along
Immokalee Road needed for the road project, in exchange for the County vacating a portion of
an access road presently owned by FDOT, and (2) the County will modify the Immokalee Road
Project provided that The Developers pay all costs associated with the redesign. Also, approve
Supplemental Agreement NO. 10 with Hole Montes, Inc., which Supplemental Agreement is for
the redesign of the Immokalee Road Project referred to and attached as Exhibit "F' in the
Development Agreement.
--
OBJECTIVE: To obtain Board approval of an Agreement between A. Grover Matheney, as
Successor Trustee under that certain Land Trust Agreement dated June 29, 1988; and as Successor
Trustee under that certain Land Trust Agreement dated July 10, 1998, Blend-All Hotel Development,
Inc., Walden Avenue Blend-All Hotel Development, Inc., Dick Road Blend-All Hotel Development,
Inc., and WR-I Associates Ltd. (collectively, 'The Developers"), and the County. Pursuant to this
Agreement, (1) The Developers will dedicate, at no cost to the County, certain land along the south
side of Immokalee Road by Strand Blvd. needed for the project, in exchange for the County vacating
a portion of an access road presently owned by the Florida Department of Transportation, and (2) the
County will modify the Immokalee Road Project provided that the Developers pay all costs
associated with the redesign (including the costs of modifying the plans for, and construction of, the
Revised Design), and dedicate at no cost to the County the additionally needed right-of-way required
by the redesign, Also, to obtain Board approval of Supplemental Agreement No. 10 with Hole
Montes, Inc., which Supplemental Agreement is for the redesign of the Immokalee Road Project
referred to and attached as Exhibit "F" in the Development Agreement.
CONSIDERATION: These Agreements will result in the County obtaining much needed right-of-
way for the Immokalee Road Project in exchange for a portion of an access road to be vacated by the
Florida Department of Transportation to the County. In addition, me County will have the
Immokalee Road Project modified to improve public access to this development, with all additional
costs to be borne by The Developers.
,-...
FISCAL IMPACT: The Developers will provide to Transportation funds for the revised design and
revised design construction including all the County's increased costs for the design and construction
of the traffic signal, turn lanes, utilities, signage and marking for me work at and adjacent to StrclIld
Boulevard. The Developers are to pay Collier County Transportation $76,361.00 as the amount set
forth in the Schedule of Proposed Fees for the Roadway Realignment at Strand Boulevard for the
revised design plus 10%. These funds will be deposited into the project within the Transportation
Supported Gas Tax Fund (313). The Developers shall pay me County for the Revised Design
Construction within (30) days after receipt of a written request for payment with supporting
docwnentation from the County. The County shall refund to the Developers any monies collected
from the Developers not utilized with (30) days of acceptance of the road construction by Collier
County. The exact cost for the Revised Design Construction has not been detennined as of yet.
When that amount is determined, those funds will also be deposited into the project within the
Agenda Item No. 101
June 22, 2004
Page 1 of 47
Transportation Supported Gas Tax Fund (313). A budget amendment will be needed to recognize the
revenue and appropriate within the project to cover the re-design and re-design construction costs.
GROWrn MANAGEMENT: This project is consistent Wilh [he Long Range Transportation Plan
and the Growth Management Plan.
RECOM.MENDA TION: That the Board of County Commissioners approves this Development
Agreement, authorizes the Chairman to execute rhe Development Agreement on behalf of the
County, authorizes the Transportation Administrator to exccutc Supplemcntal Agreement No. 10,
and approves any necessary budget amendments.
Agenda Item No. 101
June 22, 2004
Page 2 of 47
Item Number
.-
tt.m SUnvJlary
Meeting Date
COLLIER COUNTY
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:...~/.
Prepared By
u,}:c. A. :-::'1~...:~ ~E.
rrnro..':>;;r~or S.,;.ti..-n-
ti./11,....(l,i!l.; ~:l 2<i:~~
P:'\:r,:c..ipat Pr!ot9'::: M.anbg~r
Tr,\!,,"o;~0$!on &~""Q'9ri~y 6f"~
C~'.s".ruc..1~c.n
D.a:c.
Approved By
;.(~','i.-. ~:<1~~r.('l\;6
'rl?M~~~rl:;or. ::o}:"Vi~oM
R;&:t.~ t,-~f "(jj.~ "\!:~u:S;I:""~ :o.~.v.t.a~Olr
'f) )':"'~::>::I!,}:;'XI ~r.~~(t\x~XI":; )':(..:
r.;~ 11:':{:;,v. ~~:3.2""~
(:-:>:;~;a,r;t;,~n
;J.,,:&
Approved By
ShNon N~'io'r.1-'ln
rp~r.!'.:~~rl::;or. ::oY.Vi~oM
A;:;-';Olm'i;':J Su~~'n:?o:;r
r(..:~-5-::V!':~(.I' 1...jfr.injs'~.1!t:;.y.
(;.'~11:'::C';s.-: ~~:OAM
~\.::c>
Approved By
;.~o;:<I: .}'/k:1
.'r:o;....;-l;so..ri";rA" ~o-:'n.;;.o),.
~:.l:.):;O:~,~:(.I:'~..~~)cl >~<,;I;t>'~.l
lr:O:;~::"';;~:(ln &'1;r.ini~n:t.>'a-
F) ~ l.r~;r:~ ~ : :Jf, A:<i
'~,:ll'
Approved By
['~6;~ '-- ~':''J'~
'rr:>1~::;;r~:"'~ S'!t....i~
Tr6~3.~..r."!~on :"'I!lnn;....y ['irl2'C-'')'i
.rr?M,~o;::-.rl:.a~1o>O PI.al'rn:,..,;;
o'1'.':':t:'l,,,.i:I;~~~
'::r6~V ft, ::.t.a~las~
':},:i'
Approval By
'''~('''(j)::(t;,~.::::(':')')::.~
Tl?i'"!'.:~~:o!l~1o>O f~(.~iM!.:!rt.,r;:
C(>:;-:;:nll~t;'~rt :'><<:;,,': ;;)r:.o:I<<
Tn("':<i:';~"!~:"~ f;....~:lI...OI.,r'~;; ;.0;....1:
r;~,1.,!:':-~;;'-: il ~1 ~~
C,::,;-,~ruct!c.n
~.!;c.
Appro".aI By
~':!oVol G.arn~l:
A.4::.i::<<tw'.}:N!< ~(>:'...k..:~
~'v~~h..R;ny,'G!<.'!<I-1!1 ::"~!; ~;~!t':':C.1
f'~",cll":~:rt~~
f., ~_,'".'~;;'{. 9 r.:.;" f..~
('.::<:>
Approved By
...<:>f:;.(1~~Ct"'"
C':S.ir.t1 """!!.aa~-3 Offlo::e
:"':t:~i:<'?c"'1(':":;N,"(A:M;:I'9.1'
C .....!..!y An~..y C?!k:..
~;I ~~.'2C'M ~ ::~ A..'I
>::......
Approved By
'0;"J,. P~n-Y(\''''3n
r(:-I:~;:OI~:CoI~ .::))dvica"'.;
r::"};~c.~l;v. S..e~!t'~ri
'fl'xt\x9'::lt,):;'Xt Se-I"'~:.o..' ~:t>,~)"
';{:~!l.;3:.6tf'~
lr:o-;;~:;;<<~:lIIoM ;J;.....~;o)O ,i.dr.;;ni':t:(~:-...
Approved By
N:<<:n~, ~9-:lo:. ,b.:C:=
Tr2.or.t'~r"':Ni :,.~ieM
Tr&~5::-~Ron S9r..-!," Ad!r.in.
\-:,..v:(,~ 4:J:B r~
:.)""6
App<oved By
P:rl; ~.~hnh.ut:
(:-<<:r.I'(~x"'XSllP":- Gffio>>
t.....::!!'J:1;r....a:;vc. ~s:.s:u.1
Cf!(.e,:. d i(':X...x;a~..lX'::l .\ ~v~ISI:d
~o!~:1'!;;'1 1\ ot~' (..>J:
(-~ >:l:O:>
Approved By
?j:,~~r. ...:...1'-,,'
C<:sif'!tl ~<&."''''~.a!"-a Offlo::e
S"1'ni;,' r..<!';r~gxn'Jtr.t;a;;(i;;~ &.n:-f'(St
Gfflo ...f :"'&~"'~!T09.."! .& 3'.!~~~
&.J I ('.'.LIN4 3:3~ A?t.
r;:-c:lt
Approved By
';1':0"1'16'1 "I. '-d.J~J
~O::4f'".:S(.1(:(>::...j...
C~;N1;~:!;(>m-r.t:
C~~:ti ~~"'l:"'~
G~:...~y !t.ll:o-"!t'!}~r'$ G"!fh:6
6.,'; >::;(l,;!)..') a:4~ Mt.
"'gend. Item No.1 01
June n, 2004
0........... 'l....f.17
AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this _ of
2004, by and between A. Grover Matheney, as Successor Trustee under that certain Land Trust
Agreement dated June 29, 1988; and as Successor Trustee under that certain Land Trust
Agreement dated July 10, 1998 ("Matheney"), Blend-All Hotel Development, Inc., Waldcn
Avenue Blend-All Hotel Development, Inc., Dick Road Blend-All Hotel Development, Inc., and
WR-I Associates Ltd. (collectively "Blend-All"), and COLLIER COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as "County."
R E C I TAL S:
WHEREAS, Matheney is the record title owner of certain lands described in Exhibit "A"
(hereinafter referred to as "The Stiles PUD") attached hereto and incorporated herein by
refcrcncc; and
WHEREAS, Blend-All is the record title owner of certain lands described in Exhibit "B"
(hereinafter referred to as "The Donovan PUD") attached hereto and incorporated herein by
reference; and
WHEREAS, both The Stiles PUD and The Donovan PUD front Immokalee Road, which
road Collier County is in the process of widening to six lanes ("Road Project") using the services
of the engineering finn of Hole Montes Inc. ("Hole Montes") as the Project Engineers for the
design of the Road Project; and
WHEREAS, the County is in the process of applying for a functional reclassification
from the Florida Department of Transportation ("FDOT') of a certain sixty foot road which
provides access to Immokalee Road, which access road is identified in Exhibit "c" ("Access
Road"); and
WHEREAS, Matheney and Blend-All (hereinafter collectively referred to as ''The
Developers") are required to make certain design changes to the Road Project to provide safe and
efficient access into The Stiles PUD and The Donovan PUD ("Revised Design") and to have the
Road Project constructed in accordance with the Revised Design ("Revised Design
Construction"); and
WHEREAS, The Developers are willing to dedicate, at no cost to the County, eertain
land along Immokalee Road needed for the Road Project, as more particularly described in
Exhibit "D" ("Dedicated Land"), in exchange for the County vacating that portion of the Aceess
Road more particularly described in Exhibit "E" ("Vacated Area") with ownership of the
remainder portion of the Access Road remaining with the County; and
WHEREAS, the County is willing to modify the ImTTlokalee Road Project provided that
The Developers pay: (1) all costs associated with modifying the plans for the Revised Design, (2)
all costs associated with the Revised Design Construction, and (3) all costs associated with
dedicating the Dedicated Land; and
I
Agenda Item No. 101
June 22, 2004
Page 4 of 47
FlU 160605:7
WHEREAS, the County Transportation Administrator has recommended to the Board of
County Commissioners that the proposed plan for dedication and contribution as set forth in this
Agreement (the "Proposed Plan"), is in conformity with contemplated improvements and
additions to the County's transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has
authorizcd the County Attorncy to prepare this Agrecment upon the Board finding that:
A. The Proposed Plan is in conformity with the contemplated improvements and
additions to the County's transportation system and with the County's existing
Comprehensive Plan;
B. The 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 account 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;
C. The Proposed Plan is consistent with the public interest; and
D. Thc proposcd timc schedulc for complction of the Proposed Plan is consistcnt
with the most recently adopted five-year capital improvement program for the
County's transportation system; and
WHEREAS, The Developers acknowledge and represent that they have the full power
and authority to enter into this Agreement.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Tcn 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, and all Exhibits referenced herein are
made a part of this Agreement
2. The Developers and the County have worked with Hole Montes to redesign the
Road Project consistent with this Agreement. The Revised Design includes the following
changes:
A. An additional left turn lane westbound to southbound from lmmokalee
Road onto S. Strand Blvd.
B. An eastbound right-turn lane into the Donovan PUD development at a
point to be determined.
C.
All other changes required by The Developers and the County.
Agenda Item No. 101
June 22, 2004
Page 5 of 47
2
FTl:1160605:7
3. The Developers will pay all costs associated with the Revised Design and Revised
Design Construction, including all of the County's increased costs for the design and
construction of the traffic signal, turn lanes, utilities, sign age and marking for the proposed
roadway realignment at Strand Boulevard, with the manner of payment for all to be determined
by the County. The Developers shall not be responsible for the cost of the design or construction
of any other aspects of the Road Project not attributable to the Revised Design. The Opinion of
Probable Cost prepared by Hole Montes for the Rcvised Design and the Revised Design
Construction is set forth in Exhibit "F'. After approval, but prior to execution by the County of
the Supplemental Agreement No. 10, attached hereto as part of Exhibit "F', The Developers
shall pay the County the sum of $76,361.00 representing the amount set forth in the Schedule of
Proposed Fees for Roadway Realignment at Strand Boulevard for the Revised Design plus ten
percent (10%). Developers shall pay the County for the Revised Design Construction within
thirty (30) days after receipt of documentation from the County evidencing its selected
contractor's price for the Revised Design Construction as calculated by unit cost plus ten percent
(10%). Developer shall pay for any increases in the costs of the Revised Design or the Revised
Design Construction within thirty (30) days aftcr rcccipt of a writtcn requcst for payment with
supporting documentation from the County. The County shall refund to The Developers any
monies collected from The Developers not utilized within thirty (30) days of acceptance of the
road construction by the County. The Developers agree that any dispute they may have with
respect to the actual cost of this Revised Design or Revised Design Construction will be
addressed to Hole Montes or the County's selected contractor, as applicable, but not with the
County.
4. The Revised Design will specifically delineate the Dedicated Land which shall be
materially as described on Exhibit "D". This donation will be free of charge to the County, and
The Developers will not be entitled to any Impact Fee Credit fOf the Dedicated Land. Within 30
days following the completion of the Revised Design, The Developers will provide to the County
an attorney's opinion identifying the record owners of the Dedicated Land, setting forth the
authority of the record owners to enter into the Dedication, and identifying any lien holders
having a lien or encumbrance on the Dedicated Land. The opinion will describe each of the
reeorded instruments under which the fecord owners hold title, each lien or encumbrance, will
cite appropriate recording information, and will incorporate by reference a copy of all sueh
referenced instruments. The attorney's opinion will set forth the legal authority of the property
owners to execute the Dedication on behalf of The Developers.
5. Within thirty (30) days of receipt of County's written request for Dedication, The
Developers shall convey to the County the Dedicated Land in fee simple, free and clear of all
liens and encumbrances, by statutory warranty deed(s), suitable for recording. The Developers
shall be responsible for all costs to remove or cure any liens, encumbranees or deficiencies
revealed in the attorney's opinion referred to above or in any title work ordered by the County.
Following receipt, the County shall reeord the deed(s) in the Public Records of the County. The
Developers shall reimburse the County for recording fees.
6. Within thirty (30) days of the County obtaining title from FOOT for the Access
Road, the County shall commence the process to vacate the Vacated Area described in
Exhibit "E". Upon completion of the vacation process, the Vacated Area shall become the
property of Blend-All.
3
Agenda Item No. 101
June 22, 2004
Page 6 of 47
FTl: 1160605:7
7. The parties acknowledge that the conveyance of the Dedicated Land is
characterized as property rights aequired by a highway or road ageney for the improvement of a
road within the boundaries of a public right of way.
8. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
9. 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 which are the subject of this
Agreement.
10. The parties acknowledge that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve the parties, 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.
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".
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 retlects the intent of this Agreement.
13. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of thc parties hcreto or by thcir succcssors in interest. All notices and
other communication required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by nationally rc<.:ognized overnight delivery service,
and addressed as follows:
To County:
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Attn: Norman E. Feder, AJ.C.P.
Transportation Division Administrator
Phone: (239) 774 8872
Facsimile: (239) 7749370
To Matheny:
A. Grover Matheney
4
Agenda Item No. 101
June 22, 2004
Page 7 of 47
FlL:1160605:7
With copy to:
To Blend-All:
c/o Benderson Development, Inc.
Attn: Alicia A. Gayton
8441 Cooper Creek Blvd.
University Park, Florida 34201
Notice shall be deemed to have been given on the next successive business day to the date of the
courier waybill if sent by nationally recognized overnight delivery service.
14. The Developers shall execute the Agreement first and it shall be reeorded by the
County in the Official Records of Collier County, Florida, within fourteen (14) days after the
County executes this Agreement. The Developers shall pay all costs of recording this
Agreement. The County shall provide a copy of the recorded document to The Developers upon
request.
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.
herein.
The parties agree that time is of the essence in performing all of the acts set forth
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. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
, Deputy Clerk
By:
DONNA FIALA, Chairman
By:
..
-'
Agenda Item No. 101
June 22, 2004
Page 8 of 47
FTl; 1 J 6D605:7
AS TO DEVELOPER
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA )
) ss.
COUNTY OF )
A. GROVER MATHENEY, as Successor
Trustee under that certain Land Trust
Agreement dated June 29, 1988, and as
Suceessor Trustee under that certain Land
Trust Agreement dated July 10, 1998
On this _ day of , 2004, before me personally appeared the
subscriber, A. GROVER MATHENEY, as Successor Trustee under that certain Land Trust
Agreement, dated June 29, 1988; and as Successor Trustee under that certain Land Trust
Agrcement dated July 10, 1998, who is [ ] personally known to me, or [ ] has produced driver's
lic-:nse no. as identification.
(SEAL)
My Commission Expires:
FTL: 1160605:7
NOTARY PUBLIC
Namc:
(Type or Print)
6
Agenda Item No. 101
June 22, 2004
Page 9 of 47
WITNESSES:
BLEND-ALL HOTEL DEVELOPMENT, INe., a
New York corporation
By:
Print Name:
Its:
Print Name:
Print Name:
i
STATE OF
COUNTY OF
)
) 55.
)
On this _ day of , 2004, before me personally appeared the subseriber,
as of BLEND-ALL HOTEL
DEVELOPMENT. INe., who is [ ] personally known to me or who produced driver's license
as identification.
NOTARY PUBLIC
(SEAL)
Name:
(Type or Print)
My Commission Expires:
7
Agenda Item No. 101
June 22, 2004
Page 10 of 47
FTl: 1160605:7
.'_.
WITNESSES:
WALDEN AVENUE BLEND-ALL HOTEL
DEVELOPMENT, me., a New York corporation
By:
Print Name:
Its:
Print Name:
Print Name:
STATE OF
COUNTY OF
)
) ss.
)
On this _ day of , 2004, before me personally appeared the subscriber,
, as of WALDEN A VENUE BLEND-ALL
HOTEL DEVELOPMENT, me., who is [ ] personally known to me or who produced driver's
license as identification.
NOTARY PUBLIC
(SEAL)
Name:
(Type or Print)
My Commission Expires:
8
Agenda Item No. 101
June 22, 2004
Page 11 of 47
FTl: 1160605:7
WITNESSES:
DICK ROAD BLEND-ALL HOTEL
DEVELOPMENT, INe., a New York corporation
By:
Print Name:
Its:
Print Name:
Print Name:
STATE OF FLORIDA )
) ss.
COUNfY OF )
On this _ day of , 2004, before me personally appeared the subscriber,
, as of DICK ROAD BLEND-ALL HOTEL
DEVELOPMENT, me., who is [ ] personally known to me or who produced driver's license
as identification.
NOTARY PUBLIC
(SEAL)
Name:
(Type or Print)
My Commission Expires:
9
Agenda Item No. 101
June 22, 2004
Page 12 of 47
FTl: 1160605:7
. "
WITNESSES:
WR-I ASSOCIATES, LTD., a Florida limited
partnership
By: WMR-I, its General Partner
By:
Print Name: Print N ame: WAYNE M. RUBEN
Its: President
Print Name:
STATE OF FLORIDA )
) ss.
COUNTY OF )
On this _ day of , 2004, before me personally appeared the subscriber,
WAYNE M. RUBEN as President of WMR-I, INC., General Partner of WR-I ASSOCIATES
LTD., who is [ ] personally known to me or who produced driver's license
as identification.
:\'OT ARY PUBLIC
(SEAL)
Name:
(Type or Print)
My Commission Expires:
Approved as to form and legal sufficieney:
Jeffrey A. Klatzk.ow
Assistant County Attorney
-
10
Agenda Item No. 101
June 22, 2004
Page 13 of 47
FTL:1160605:7
LIST OF EXHIBITS A IT ACHED TO AGREEMENT
Exhibit "A" Legal description of The Stiles PUD
Exhibit "B" Legal description of The Donovan PUD (commereial traet only)
Exhibit "C" Graphic of the Access Road
Exhibit "0" Graphic of approximate land area to be dedicated by Developers
Exhibit "E" Legal Description of Access Road area to be vacated by County
Exhibit "F' Hole Montes Opinion of Probable Costs
Exhibit "0" County Risk Management Guidelines
Exhibit "H" County Alternative Dispute Resolution Procedures
11
Agenda Item No. 101
June 22, 2004
Page 14 of 47
FTL: 1160605:7
-
EXHIBIT ,..
Page I of
STILES PUD LEGAL DESCRIPTION
PART OF 1HE WFST 1/2 OF 1HE NORlHEASf U4 OF 1HENOKIHWFSI' 1/4 OF SECllON 30, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COUJER COUNTY, FLORIDA, LESS AND EXCEPTING 1HEREFR.OM 1HE .
NORm 100 FEETTIIEREOF; AND FURTHER LESS AND EXCEPTINGTIlEREFROM TIiE LANDS
DESCRIBED IN O.R BOOK 374, PAGES 572-573; O.R BOOK 1545, PAGES 443-444; AND O.R BOOK. 1837.
PAGES 1099-1101, OFTIffi PUBUCRECORDS OF COI.LIERCOUNTY, CONfAlNlNG 18.13 ACRES, MORE
OR LESS.
,,-
,-
Agenda Item No. 101
June 22, 2004
Page 15 of 47
EXHIBIT ~
Page I of '2.
DONOVAN CENTER PROPERTY LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN TIm NORTIl ~ OF SECTION 30, TOWNSlllP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, C.R. #846 A 100.00 FOOT RIGHT-OF-WAY;
THENCE RUN SOlITH 88 DEGREES 24 MINUTES 18 SECONDS EAST ALONG THE NORTH LINE OF
THE NORTHWEST QUARTER OF THE SAID SECTION 30 AND ALONG SAID RIGHT-OF-WAY FOR A
DISTANCE OF 1980.23 FEET TO TIiE NORTHWEST COMER OF THE EAST HALF OF THE EAST HALF
OF THE NORTIiWEST QUARTER OF TIiE SAID SECTION 30; THENCE RUN SOUTH 00 DEGREES 31
MINUTES 31 SECONDS EAST ALONG THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF
TIIE NORTHWEST QUARTER OF THE SAID SECTION 30 FOR A DISTANCE OF 113.85 FEET TO A
POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF S.R. #93 (INTERSTATE 75) AND THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
SOUTH 00 DEGREES 31 MINUTES 31 SECONDS EAST ALONG THE WEST LINE OF THE EAST
HALF OF THE EAST HALF OF TIlE NORTHWEST QUARTER OF THE SAID SECTION 30 FOR A
DISTANCE OF 2556.01 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE EAST HALF
OF THE NORTHWEST QUARTER OF TIlE SAID SECTION 30; THENCE RUN SOum: 88 DEGREES 23
MINUfES 44 SECONDS EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE
SAID SECTION 30 FOR A DISTANCE OF 659.84 FEET TO THE SOUI1IEAST CORNER OF THE
NORTHWEST QUARTER OF THE SAID SECTION 30; TIIENCE RUN NORm 00 DEGREES 3 1
MINUTES 12 SECONDS WEST ALONG TIlE EAST LINE OF THE NORTHWEST QUARTER OF THE
SAID SECI10N 30 FOR A DISTANCE OF 1334.98 FEET TO THE NORTHEAST CORNEll OF THE EAST
HALF OF THE SOUTIIEAST QUARTER OF THE NORTIlWEST QUARTER OF THE SAID SECfION 30;
THENCE RUN SOUTII 88 DEGREES 24 MINUTES 36 SECONDS EAST ALONG THE SOUTH LINE OF
TIIE SOUTHWEST QUARTER OF TIlE SOUTHWEST QUARTER OF TIlE NORTHWEST QUARTER OF
TIiE NORTHEAST QUARTER OF THE SAID SECTION 30 FOR A DISTANCE OF 330.22 FEET TO TIiE
SOlITHEAST CORNER OF TIiE WEST HALF OF TIlE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE RUN NORTII 00 DEGREES 31
MINUTES 40 SECONDS WEST ALONG TIlE EAST LINE OF THE WEST HALF OF THE WEST HALF OF
THE NORTIIWEST QUARTER OF TIiE NORTHEAST QUARTER OF TIIE SAID SECTION 30 FOR A
DISTANCE OF 1001.30 FEEr TO TIlE SOUTHEAST CORNER OF TIIE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF THE SAID SECTION 30; TIlENCE RUN NORTH 88 DEGREES 25
MINUTES 16 MINUTES WEST ALONG THE soum LINE OF THE NORTHWEST QUARTER OF TIlE
NORTHWEST QUARTER OF THE NORTIlWEST QUARTER OF TIlE NORTIIEAST QUARTER OF TIiE
SAID SECTION 30 FOR A DISTANCE OF 100.07 FEEl TO A POINT 100.00 FEET WEST OF. AS
MEASURED AT RlGHT ANGLES TO, THE EAST LINE OF TIlE NORTHWEST QUARTER OF THE
NORTIIWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
SAID SECTION 30; THENCE RUN NORTII 00 DEGREES 31 MINUTES 40 SECONDS WEST, PARAllEL
WlTII TIm EAST LINE OF THE NORTHWEST QUARTER. OF THE NORTHWEST QUARTER OF TIm
NORTIIWEST QUARTER OF TIm NORTIlEAST QUARTER OF THE SAID SECfION 30 FOR A
DISTANCE OF 193.66 FEET TO THE SOUTIlWESTERL Y RlGHT-OF-WA Y LINE OF S.R. #93
(INTERSTATE 75); THENCE RUN NORTH 88 DEGREES 25 MINUrES 29 SECONDS WEST ALONG
SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 346.14 FEEr; THENCE RUN NORTH 85 DEGREES
38 MINUfES 38 SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 545.52
. FEET TO TIlE POINT OF BEGINNING.
BEARINGS REFER TO AN ASSUMED BEARING OF SOtTI'H 88 DEGREES 24 MINUTES 18 SECONDS
EAST, ALONG THE NORTH LINE OF THE NORTHWEST % OF SECfION 30 TOWNSHIP 48 SOUTII,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
Agenda Item No.1 01
June 22, 2004
Page 16 of 47
.---^
EXHIBIT e>
Page '2 of '2.
DONOVAN CENTER PROPER1Y LEGAL DESCRIPTION (CONTINUED)
LESS AND EXCEPTING THEREFROM:
(RESIDENTIAL LEGAL DESCRIPTION)
A TRACf OR P ARCBL OF LAND SITUATED IN mE STATE OF FLORIDA, COUNTY OF COLLIER. LYING
IN SECTION 30, TOWNSHlP 48 SOum, RANGE 26 EAST, BEING MORE PARTICULARLY BOUNDED
AND DESCRIBED AS FOLLOWS:
COMMENCING AT TIlE NORTIlWEST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26
EAST. COLLIER COUNTY, FLORIDA; TIIENCE S.89058'38"'6. ALONG THE NORTIl LINE OF SAID
SECTION 30, FOR 1,980.13 FEET TO TIIE NORTIiWEST CORNER OF THE EAST HALF OF THE EAST
HALF OF TIlE NORTHWEST QUARTER OF SAID SECTION 30; TIIENCE S.0200S'3S"E. ALONG THE
WEST LINE OF THE EAST HALF OF TIlE EAST HALF OF TIlE NORTIlWEST QUARTER, FOR 1,359.30
FEET; TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
TIlENCE CONTINUE S.0200S'3S"E. ALONG THE SAID WEST LINE OF THE EAST HALF OF THE EAST
HALF OF NORTHWEST QUARTER, FOR 1,310.54 FEET TO TIlE SOUI'HWEST CORNER OF THE EAST
HALF OF SAID SOUTIfEAST QUARTER; THENCE S.890S8'36"E. ALONG THE SOUTII LINE OF THE
EAST HALF OF SAID SOUTHEAST QUARTER, FOR 659.85 FEET TO TIlE SOUTHEAST CORNER OF
SAID soUTHEAST QUARTER; THENCE, N.Or05'20"W. ALONG TIlE EAST LINE OF THE EAST HALF
OF SAID SOUIlIEAST QUARTER, FOR) ,334.92 FEET TO TIm NORTHEAST CORNER OF THE EAST
HALF OF SAID SOUTIIEAST QUARTER; THENCE 8.87054'21 'W. 659.50 FEET TO THE POINT OF
BEGINNING.
Agenda Item No. 101
June 22,2004
Page 17 of 47
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HOLE MONTES
ENGINfEPS . PlAAIfRS . SLOOORS
950 Encore Way' Naples, Florida 34110' Phone: 239.254.2000' Fax 239.254.2099
EXHIBIT E:
Page I 6f '2.
.-
HM PROJECT #2000067
6/9104
REF. DWG. #B-4831
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
CO\ l\lE"'rCE .\ T THE NORTHWEST CORNER OF TIlE NORTHEAST QU ARTER OF SECTION 30, TOWNSHIP 48
SOLTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; TIlENCE RUN S.02005'22"E., ALONG THE WEST
LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
TFF: NORTHEAST QUARTER OF SAID SECTION 30 FOR A DISTANCE OF 159.00 FEET TO THE POINT OF
BUjl~'.c!I0iG OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.89041 'OO"E., FOR A DISTANCE
OF 322.75 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTIIWEST
QU ARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE
;:F, ,I;' (\".33"E., ALONG THE EAST LINE OF TIlE NORTHWEST QUARTER OF THE NORTHWEST
(.'1..)A1<1'[1{ ut" THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30 FOR A
DIST ANCE ()F 43.08 FEET TO A POINT ON THE SOUTH LINE OF A 60.00 FOOT WIDE ACCESS ROAD AS
DESCRIBED AT O.R. BOOK 370, AT PAGE 393. O.R. BOOK 370, AT PAGE 399, O.R. BOOK 371, AT PAGE 659,
OR ROOK 371, AT PAGE 658, ANDO.R. BOOK 372, AT PAGE 458; THENCE RUN N. 89058'24"W., ALONG THE
SOUTH LINE OF SAID 60.00 FOOT WIDE ACCESS ROAD FOR A DISTANCE OF 442.58 FEET; THENCE RUN
N.8?" 1" 1O"W., ALONG THE SOUTH LINE OF SAID 60.00 FOOT WIDE ACCESS ROAD FOR A DISTANCE OF
101.55 FEET TO A POINT ON THE WEST LINE OF SAID 60.00 FOOT WIDE ACCESS ROAD; THENCE RUN
N.02 "46 'SO"E., ALONG THE WEST LINE OF SAID 60.00 FOOT WIDE ACCESS ROAD FOR A DISTANCE OF 40.23
FEET; THENCE RUN N.89033'38"E., FOR A DISTANCE OF 43.10 FEET; THENCE RUN S.45022'01"E., FOR A
DISTANCE OF 7.57 FEET; THENCE RUN N.89041 'OO"E.. FOR A DIST ANCE OF 169.26 FEET TO THE POINT OF
BEGINNING; CaNT AlNING 0.515 ACRES, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.89058'36"E.
HOLE MONTES, INC.. _ _
CERTIFICATIO~..o~AUTH!?RJ~TION LB #1772
BY ~~~~:
P.S.M. #5628
ST ATE OF FLORIDA
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9{ "'2000\200006l'&...EGA LDE.SBA8J I.doc
Agenda Item No. 101
June 22, 2004
Page 21 of 47
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EXHIBlr -L.
Page ~_of--!..re..-
Project No. 66042
S/A No. 10
,-
IMMOKALEE ROAD SIX-LANING DESIGN PROJECT
SUPPLEMENTAL AGREEMENT NO. 10 TO
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
THIS SUPPLEMENTAL AGREEMENf, made and entered into this _day of
2004, by and between the Board of County Commissioners, Collier County, Florida. a political subdivision of
the State of Florida, hereinafter called the COUNTY, and Hole Montes, Inc. of 6202-F Presidential Court, Fort
Myers, Florida 33919, duly authorized to conduct business in the State of Florida. hereinafter called the
CONSULTANT.
WITNESSETH
WHEREAS, the COUNfY and CONSULT ANT heretofore on 9 January 200 1 entered into an Agreement
whereby the COUNTY retained the CONSULTANT to furnish certain consulting services in connection with
proposed construction of Immokalee Road Six-Ianing Improvements, U.S. 41 to 1-75, County Project No. 66042
(hereinafter referred to as "the Project"); and,
WHEREAS, the County desires to modify the terms of said Agreement, and toward that end it is necessary
to have the CONSULTANT provide additional design services for the Project, said services more fully
described in the amendments thereto;
WHEREAS, the County has entered into a Developers Contribution Agreement with A. Grover Matheney,
as Successor Trustee under that certain Land Trust Agreement dated June 29, 1988; and as Successor Trustee
under that certain Land Trust Agreement dated July 10, 1998 ("Matheney"), Blend-All Hotel Development, Inc.,
Walden Avenue Blend-All Hotel Development, Inc., Dick Road Blend-All Hotel Development, Inc., and WR-I
Associates Ltd. (collectively "Blend-All''); and
WHEREAS, Matheny is the record title owner of certain lands (hereinafter referred to as "The Stiles PUD")
lying adjacent to the Project; and .
WHEREAS, Blend-All is the record title owner of certain lands (hereinafter referred to as 'The Donovan
PUD") lying adjacent to the Project; and
WHEREAS, Matheny and Blend-All (hereinafter collectively referred to as 'The Developers") are required to
make certain design changes to the Project LO provide safe and efficient access into The Stiles PUD and The
Donovan PUD ("Revised Design"); and
WHEREAS, the County is willing to modify the Project provided that The Developers pay all costs associated
with (1) modifying the plans for the Revised Design, (2) all costs associated with the implementation and/or
construction arising from the Revised Design, and (3) dedicating all right-of-way for the Project required from
The Stiles PUD and The Donovan PUD; and
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties
agree as follows:
1. CONSULTANT shall provide to COUNTY Professional Engineering Services in accordance with the
Scope of Services letter dated April 2, 2004.
2. COUNrY agrees to compensate CONSULT ANT for additional services rendered hereunder as
prescribed in Attachment 3, as attached hereto. Contract fee adjustments are as follows:
2.1 Original Maximum Contract Fee
2.2 Sf A Nos.I, 2, 3, 4, 5, 6, 7,8 and 9
2.3 SIA No. 10
Revised Contract Fee
= $1,973,375.00
= $ 713,685.00
= $ 69.410.00
= $2,756,470.00
3. The schedule for the design of the Project shall be revised as follows:
Page 1 of 2
Agenda Item No. 101
June 22, 2004
Page 23 of 47
EXHIBIT F
Page~ot~
Project No. 66042
S/A No. 10
For each task, the schedule for completion from receipt of a written notice to proceed is provided below
in calendar days.
TASK
Tasks 7.00, 10.00,11.00, 12.00, 13.00 and 14.00
COMPlETION TIME
60 Calendar Days
100% and FINAL SUBMl'ITAL SCHEDULE
The completion of the tasks enumerated above will culminate in a 100% submittal of plans and technical
specifications. Final plans and technical specifications suitable for bidding will be provided within 30
calendar days of receipt and resolution of any and all comments received from Collier County which
pertain to the 100% subJIllttal.
4. The revised and current lump sum contract amount as stated above includes costs for overbead, fringe
benefits, out-of-pocket expenses, profit margin, and all other direct and indirect costs and expenses.
5. Except as hereby modified, amended, or changed, all of the terms and conditions of said original
Professional Engineering Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first
above written.
AS TO TIiE BOARD OF COUNTY COMMISSIONERS:
PREPARED BY: "UL- A.-:B~
Dale A Bathon, P.E., Principal Project Manager
APPROVED BY, AM/ oATE'~
Gregg Strakaluse, P.E., Director, Transportation
Engineering & Construction Management Department
DATE:
(P-lo-04-
APPROVED BY: t/.'/,;L'~~tdJ/fY DATE: flk/tx(
Ste~~eIf.'Director, ~asing/General Services
APPROVED BY:
Norman E. Feder, AlCP, Administrator,
Transportation Services Division
DATE:
AS TO THE CONSULTANT:
HOLE MONTES, INC.
BY~-~~
Robe1iL. . P.E.
Senior V sldentlPrinclpal
(CORPORATE SEAL)
ApprOved
eoal sufficiency
- f.t,.,\~.A-
Page 2 of 2
Agenda Item No. 101
June 22, 2004
Page 24 of 47
HM
HOLE MONTES
~iG:NFERS. PLANNERS SURlJfl'ffiS
6202-f Presidential Coon . Fort Myers. F!orida 33919 . Phone: 239.985.1200 . Fax: 239.985.1259
EXHIBIT ~_
Page ~ of ,~-
April 5, 2004
Mr. Dale A. Bathon, P.E.
Collier County TE & CMD
2685 South Horseshoe Drive, Suite 212
Naples, FL 34104
RE: IMMOKALEE ROAD - U.S 41 TO 1-75
COLUER COUNTY PROJECT NO. 66042
PROPOSED SUPPLEMENTAL AGREEMENT NO. 10 (Strand Boulevard)
HM FILE NO. 2000.067-1700
Dear Mr. Bathon:
Hole Montes, Inc. (HM) is pleased to submit this proposal to Collier County for providing
additional professional engineering services for revisions to the current design for the
referenced project. These revisions are necessitated by the development of parcels along the
south side of Immokalee Road, opposite ?nd immediately east and west of Strand Boulevard.
Generally, these services include:
I mmokalee Road
. Realign approximately 1,400 linear feet of the roadway, east and west of Strand
Boulevard, to accommodate dual westbound left turn lanes at the Strand Boulevard
intersection with lmmokalee Road.
. Modify of the intersection of tmmokalee Road and Strand Boulevard to accommodate
the dual westbound turn lanes Gnd the widened south approach (six lanes) to the
intersection.
. Increase the length of the eastbound right turn lane at the intersection of Immokalee
Road and Strand Boulevard.
. Modify the location of the eastbound right turn lane which is located just east of the
intersection of Immokalee Road and Strand Boulevard.
. Revise the plans for signing and pavement marking, signalization and lighting as
required for the modifications to the roadway that are indicated above.
Based on information (Attachment 1) P rf)vided by Kimley-Hom & Associates (KHA), the
developer's consulting engineer, the westbound left turn lane at Strand Boulevard should be
modified to a dual left turn lane with a length of 435 feet including storage, decet and a 100 foot
taper. The current design provides a single westbound left turn lane of 365 feet at this location
including storage, decel and a 50 foot taper. Further, KHA indicates that the eastbound right
turn lane at Strand Boulevard should be 410 feet long including storage, decaf and a 50 foot
taper. The current design provides an eastbound right turn lane of 290 feet at this location
including storage, decel and a 50 foot taper.
,_.
Based on the above, and by providing 11 -foot lane widths for the dual left turn lanes, it will be
necessary to provide a minimum seven foot shift to the south of the alignment of the eastbound
roadway. Including the turn lanes, the width of the Strand Boulevard intersection (east-west)
and transitions back to the Immokalee Road ali~lnment as currently designed, the transition of
the roadway to accommodate the revisions will begin at Station 1200+00 (+/-) and end at
Station 1214+00 (+/-). The southbound on ramp to 1-75 will no~~tf~JC$l.~~wevisions.
June 22, 2004
Page 25 of 47
t-J:lNac. ~nrt UvMoc . v,.~. ~~
Mr. Dale A. Bathon, P.E.
April 5,2004
Page 2 of 5
EXHIBIT F
Page 4 01 t (,0
For administrative purposes, it is our understanding that the cost of these additional
engineering services will be paid directly to Collier County by developer interests through a
developer's contribution agreement with Collier County. Hole Montes will then be reimbursed by
Collier County for services provided, as described herein.
It is also our understanding that the developer(s) will pay for the construction cost differential
resulting from the increase in cost of the lengthened turn lanes. The shift of the roadway to the
south necessitated by the dual left turn lanes will also require additional new pavement to be
constructed while reducing the area of pavement to be milled and resurfaced. At this time and
in the absence of design drawings depicting the revisions, it is our opinion that the most
equitable method to determine the increase in construction cost for the turn lane revisions and
roadway shift is to calculate the increase in pavement areas. From the increase in pavement
area, the pay item quantity increases can be estimated. Pay item quantity increases multiplied
by estimated pay item unit costs will result in an opinion of probable construction cost
differential for the subject turn lanes and roadway shift.
Based on dimensions from the current design and the information provided by KHA, we have
determined that the increase in pavement areas for the subject turn lanes and the pavement
area of roadway shift are as follows:
. Dual Westbound Left Turn Lanes - Increase of 581 Square Yards (121 SY New Pavement
and 460 SY Mill and Resurface)
. Single Eastbound Right Turn Lane -Increase of 147 Square Yards (All New Pavement)
. Roadway Shift - :nCiease of 684 SY of New Pavement; Decrease of 684 SY of Milling and
Resurfacing
In order to provide an opinion of probable construction cost differential for the traffic signal at
this intersection, an estimate of pay item quantity increases for underground conduit, electrical
service wire, signal heads and backplates was determined. All other pay item quantities will
essentially remain unchanged from the current design with the exception of the mast arm signal
support structures. We have estimated that two of the currently designed mast arm structures
will need to be redesigned to accommodate longer arms.
Attachment 2 provides a summary of the opinion of probable construction cost increases for the
respective turn lanes, the roadway shift and the traffic signal.
The engineering services to be provided to design the required changes are more specifically
described below and will be provided in accordance with our current agreement for professional
services, dated January 9,2001.
1. SCOPE OF SERVICES
. TASK 7.00 - ROADWAY PLANS
Subtask 7.01 - Revise Traffic Technical Memorandum -Immokalee Road at Strand
Boulevard
The traffic technical memorandum will be amended to incorporate the revisions to
traffic requirements at the intersection including signal timing and design year
turning movements. The services shall also include coordination with developer
consultants, turn lane length analysis in accorda~R tteJo"Nft1et~ology and
June 22, 2004
Page 26 of 47
w:\2000\2000067\SA No. 1O\db040405.doc
Mr. Dale A. Bathon, P.E.
Apri15,2004
Page 3 of 5
EXHIBIT F
Page S of I c:;
signal phasing analysis and coordinated timing analysis (Livingston Road and Strand
Boulevard) using SYNCHRO software. Phasing altematives will not include lead-lag
scenarios. Coordination with developer consultants and a maximum of two meetings
are included in this task.
Subtask 7.02 - Revise Plans -Immokalee Road at Strand Boulevard
Revisions to the current roadway plans '.viii consist of providing westbound dual left
turn lanes at Strand Boulevard, shifting approximately 1 ,400 feet of the roadway
alignment, east and west of Strand Boulevard, revise the intersection at Strand
Boulevard to accommodate the dual left turn lanes and the widened south approach
to the intersection, lengthen the eastbound right turn lane on Immokalee Road at
Strand Boulevard and revise the location of the eastbound turn lane on Immokalee
Road which is located just east of Strand Boulevard.
Plan revisions will be required in the realigned segment to the project layout
drawing, typical section drawings, plan drawings, profile drawings, drainage
structure summary, drainage structure drawings, pavement detail drawings, cross
section drawings and maintenance of traffic (MOT) drawings. In addition, revisions
and additions to pay item quantity calculations and revisions to the engineer's
estimated construction cost will be required. A review of the current roadway plan
set incicates that at least 33 plan sheets will require revision to accommodate the
changes described above. .
0-
. TASK 10.00 - COUNTY UTILITY RELOCATION PLANS (FORCE MAIN. REUSE)
Subtask 10.01 - Revise Plans -Immokalee Road at Strand Boulevard
Modifications to the current County force main and reuse line plans resulting from
the realignment of the roadway.
. TASK 11.00 - RIGHT-OF-WAY PLANS
Subtask 11.02 - Final RiQht-of-vV~tY Pi~
Revise right-of-way plans to accommodate anticipated changes to the right-of-way
along the south side of Immoka!ea Read, east and west of Strand Boulevard. It is
anticipated that two parcels will be alfected.
Subtask 11.03 - Leaal Descriotjor~ ar:.r.i Parcel Sketches
The revised scope for this task is based on providing a maximum of two legal
descriptions and parcel sketches.
. TASK 12.00 - SIGNALIZATION PLANS
Subtask 12.01 - Revise Plans - Immokalee Road at Strand Boulevard
-
The signalization plans will be revised as necessary to accommodate the geometric
changes to the intersection resulting trom the realignment of the roadway at this
location.
Agenda Item No. 101
June 22,2004
Page 27 of 47
W:\2()()ffi2O()OOS7\SA No. 10\db040405.doc
Mr. Dale A. Bathon, P.E.
April 5, 2004
Page 4 of 5
EXHIBIT F
Page c. of t <.:,
Subtask 12.02 - Revise Mast Arm/Foundation DesiQn and Plans
Two mast arm signal supports and foundations will be required to be redesigned as
a result of the larger intersection at Strand Boulevard.
. TASK 13.00 - LIGHTING PLANS
Subtask 13.01 - Revise Plans - Immokalee Road at Strand Boulevard
The lighting plans will be revised as necessary to accommodate approximately 1,400
feet of the roadway realignment at this location. In addition to plan revisions,
reevaluation and/or revisions to the lumination analysis, spacing arrangements,
voltage drop calculations, pay item quantity calculations and the engineer's
estimated construction cost will be required.
. TASK 14.00 - SIGNING AND PAVEMENT MARKING PLANS
Subtask 14.01 - Revise Plans - Immokalee Road at Strand Boulevard
The signing and pavement marking plans will be revised as necessary to
accommodate approximately 1 ,400 feet of the roadway realignment at this location.
In addition to plan revisions, pay item quantity calculations and the engineer's
estimated construction cost will be required.
2. SUBCONSUL T ANTS
HM proposes to utilize the sub consultant listed below to provide the professional
engineering services for the project as outlined in the scope of services.
. TBE Group, Inc. - Traffic engineering and revisions to the signing and pavement
marking, signalization and lighting plans.
3. SCHEDULE
The tasks described above will be completed within 60 calendar days of receipt of a
written notice to proceed and culminate in a submittal of 100% plans and contract
documents. Final plans and contract documents, suitable for bidding, will be within 30
days after receipt and resolution of any and all comments received from O?lIier County
pertaining to the 100% submittal.
4. FEES AND COMPENSATION
HM proposes to complete the tasks described in Scope of Services for a total proposed
fee of $69,410.00. A proposed task fee schedule (Attachment 3) provides a breakdown
of each proposed task fee. Invoices will be submitted at each month end in an amount
proportional to the percentage of actual work completed during the billing period for
lump sum tasks. "Per each" tasks will be invoiced in accordance with the discrete unit
cost following performance and delivery of the work. Additional services beyond those
described above will be provided only upon written notification and approval from Collier
County. Should additional services be required, task fees will be based on billing rates
indicated in Attachment 4.
Agenda Item No. 101
June 22, 2004
Page 28 of 47
w:\2OOO\2OOOO67\S No. 1 Ql,db040405.doc
Mr. Dale A. Bathon, P. E.
April S, 2004
Page 5 of 5
EXHIBIT r
Page "1 of \ '"
5. ASSUMPTIONS
The following assumptions were utilized in developing the proposed scope and fee.
. No further changes to the roadway alignment, intersection laneage or right-
of-way, other than those changes described herein, will be required.
. This proposed supplemental agreement and the related developer's
contribution agreement will be approved no later than the April 27, 2004
meeting of the Board of County Commissioners with a notice to proceed
issued immediately thereafter. .
Thank you for the opportunity to submit this proposal. If you have any questions or require any
additional information at this time, please call.
Very truly yours,
HOLE MONTES, INC.
WALTER F. GllCHER, JR., P.E.
MANAGER - HIGHWAY ENGINEERI
W FGfJj
Attachments
cc: Angelina N. Vitter, E.1.
Susan Motley, Esq.
Alicia Gayton, Esq.
Robert Murray, P.E.
David Dowling, P. E.
Michael Clough, P.E.
Jerry Neal, P.E.
Mark Modjeski, P.E.
~,
Agenda Item No. 101
June 22, 2004
Page 29 of 47
w:\2000\2000067\SA No. 10\db040405.doc
EXHIBIT r
A IT ACHMENT 1 Page 5 of ,~
3/17/04
(Information provided by Kimley-Horn & Associates via e-mail- 2117/04)
Walt,
I spoke to Don Scott, and he stated it is acceptable for me to provide you with preliminary
turn lane lengths (for Opinion of Probable Cost preparation) for the intersection of
Immokalee Road & Strand Boulevard based upon the SYNCHRO data/traffic
votumes provided to him by Jeff Perry of Wilson Miller. Accordingly, I have conducted
preliminary turn lane length analysis based upon the Wilson Miller submitted data, and
reasonable assumptions. Detailed analysis sheets are attached for your reference, and a
summary is provided below. Please note that the information contained herein has not
been fully scrutinized and approved by the County, and should not be used for design
purposes. The information is being provided for the purpose of assisting you with the
preparation of your opinion of probable cost for the improvements to the intersection of
Immokalee Road & Strand Boulevard. Ultimately the values provided will be overridden b~
analysis results prepared for Design purposes, and it is my understanding that such an
analysis is being coordinated by Collier County staff.
Assumptions:
Design speed of 45 miles per hour (per your direction)
Peak Factor: 1 .5
Calculation Method: Red Time Formula
Preliminary turn lane lengths:
Immokalee Road & Strand Boulevard
Eastbound Left-Turn Lane: 410 feet
Westbound Left-Turn Lane: 435 feet
Eastbound Right-Turn Lane: 460 feet
Immokalee Road & Eckerds/WM Right-in/Right-Out
Eastbound Right-Turn Lane: 185 feet
Please feel free to contact me if you have any questions.
John
C. John Melendez Ill, EI
Kimley-Horn and Associates, Inc.
Tampa, Florida 33619
Phone: (813) 620-1460
'Fax: (813) 620-1542
Mobile: (813) 842-7959
john.meJendez@kimJey-horn.com
Agenda Item No. 101
June 22, 2004
Page 30 of 47
t)"n.. 1 of,
-
EXHIBIT V
ATIACHMENT 1 Page C} of liD
3/17/04
(Information provided by Kimley-Horn & Associates via e-mail - 2/ i :. i)..\.)
TURN LANE CALCULATIONS
Calculations based upon the Red Time Formula
L- M (DHV) (1-gJC) (%1-N+1) (F) I [(3600/C) (NlJ
Intersection:
Scenario:
Date of Analysis:
Analyst
Immokalee & Strand
Signalized
2/1212004
KHA
.C,"', , ,1~~""Q;I"'~~:j~i';~;g~I;i<:~~f.f~b'.;~l.:l"'t
~;c'I'~'.j TIme of Dav: PM Peak Hour
Aooroach: Eastbound
Traffic Control: Signalized IntersecUon
Geometric Conditions: Urban Conditions
Turn Lane Tvpe: Left-Turn Lane
Number of Lanes: 1
Design Speed: 45 Miles per Hour
r~ " .' j ;'.~ INPUTP~,"'i;~if:::'~:'dl::;4'~~!j'J._;,!.
Turning T raffle Volume: 209 vph
Cycle Length: 100 see
Peak Factor: 1 .5
q/C: 0
% Heavy Vehicles: 0.02
....:;. S T:URN: L.AHE:r,.oJll I,: J '~J,::;~t.~,
i-:.i
Tumino TraffIC Volume (DHV): 209 vr5h
Cycle Length (C): 100 see
Vehicle Length (V): 25 feet
g1C: 0
Percent Heavy Vehicles (%HV): 2 percent
Peak Factor (F): 1.5
Number of Lanes 'N: 1
Peak Storaoe lenath (L: 222.1 feet
Minimum Storage Len :Jtt: 50 feet
Reauired Desion Storace per Lane: 225 feet
Total Deceleration Distance: 185 feet
Total Tlnl Lane Lenoth (ind. Taper): 410 feet
AgElnda Item No. 101
June 22, 2004
Page 31 of 47
0...,.... ,., "f'''
ATTACHMENT 1 EXHIBIT t
3/17/04 Page 10 01_'
(Information provided by Kimley- Horn & Associates via e-mail - 2/17/04)
TURN LANE CALCULATIONS
Calculations based upon the Red Time Formula
l ~ M (DHV) (1-gtC) (%HV+1) (F) I [(3600lC) (N)]
Intersection:
Scenario:
Date of Analysis:
Analyst
Immokalee & Strand
Signatized
2/1212004
KHA
:-'1.
Time of Da :
A roach:
Traffic Control:
Geometric Conditions:
Turn Lane T e:
Number of Lanes:
Design Speed:
ri. :=!~ ,.(i:;::nF~:S .
. INPut.; ~ .
Turning Traffic Volume:
Cycle Length:
Peak Fader:
Ie:
% Heav Vehides:
. ':~~fEJ .~:ti:~~:~~:J j~.~~;~rJ~~t;t~~:
458 vph
100 see
1.5
o
0.02
v
100 see
25
o
2 percent
1.5
2
243.3 feet
50 feet
250 feet
185 feet
435 feet
Pa2"e 3 of 4)
.-
ATTACHMENT 1 EXHIBIT ....l
3/17/04 Page l \ of~
(Information provided by Kimley-Hom & Associates via e-mail- 2/17/04)
TURN LANE CALCULATIONS
Calculations based upon the Red Time Formula
L'" M (DHV) (1-giC) (%HV+1) (F) I [(::laoo/c) (N)]
Intersection:
Scenario:
Date of Analysis:
Analyst
Immokalee & Strand
Signalized
2/1212004
KHA
..~".
..
v h
sec
25 t
o
2 percent
1.5
1
250.8 feet
o feet
275 feet
185 feet
460 feet
P<to.. d nf "
ATTACHMENT 1 EXHIBIT F
3/17/04 Page \ '1. of \ G:>
(Information provided by Kimley-Hom & Associates via e-mail- 2/17/04)
TURN LANE CALCULATIONS
Calculations based upon FOOT Guidelines
Intersection:
Scenario:
Date of Analysis:
Analyst
Immokalee & EckerdsIWM RI-RO
Un signalized
211212004
KHA
~;::~-, :' ~{j:,~'-;~~'i~:~r~:.)Ji;~}~-~.~:::~.EBNri;~~;:f~~~:~'-f"f~JJ1~Wt~~~~~;~~~~~4r~
,'.
Time of Dav: PM Peak Hour
Approach: Eastbound
Traffic Control: Unsignalized Intersection
Geometric Conditions: Urban Conditions
Turn Lane Tvoe: Rioht-Turn Lane
Number of Lanes: 1
Design Speed: 45 Miles per Hour
.J
, , ,,' , ~N.SIG~.~.tR.P. " - ~~~X:~~?-:1t~ <'J~~::';'-:i,l'~ ~;;~;.
" ,.,~.
Tumina TraffIC Volume: 218 vph
Peak Cycle Factor: 30
i, _..:: ,~ " :, " t:J~1lIRRl~ES,' ii,' ~;~~~:i~~~'.I!.l'~~i,~;:E~~l
Turnina Traffic Volume: 218 vDh
Peak Cycle Fador: 30
Expected Vehicle Queue: N/A
Vehicle Length: 25 feet
Peak Storage Length: N1A feet
Minmum Storaoe LenGth: 0 feet
Number of lanes: 1
Required Desion Storaae per Lane: 0 feet
Total Deceleration Distance: 185 feet
Total Turn lane Lenath: 185 feet
~ ; ~i~f3~~~~]Wt.~~')r~
o feet
185 feet
185 eet
Pai!e 5 of 5
,-
ATTr.;HMENT 2
IMMOKALEE ROAD SIX LANING (COLLIER COUNTY)
OPINION OF PROBABLE C8NSTRUCTION COST INCREASE FOR
DUAL WESTBOUND LEFT TIJRN LANES, ROAD SHIFT,
INCREASED LENGTH RIGHT TIJRN LANE & TRAFFIC SIGNAL
IMMOKALEE RD AT STRAND BLVD
3-17-(
EXHIBIT.
Page I::'; of
_.
WESTBOUND LEFT TURN -IMMOKALEE RD AT STRAND BLVD + ROAD SHIFT
Turn Lane L.engIhIWidth - Current Design - Single 365' including 50' taper, 12' wide lane
Turn lane Length/Width - Proposed - Dual 435' inClu(l1lO 100' taper, 11' wide lanes
Increased area oIlum lane pavement = 453 SY (367 SY mill & resurface; 121 fN new pavement)
Increased area 01 intersection pavement (7' )( t 20') - 93 SY (All mOl & resurface)
Area of road Shift = 684 SY (All new pavement less aft mill & resurface)
QUAHTITY
PAY ITEM DESCRIPT10N UNT INCREASE UNIT COST TOl
--- -. -
TURN LANE
120-1 I EXCAVATION REGULAR CY 45 $3.00 $
285-7-16 I OPTIONAL BASE GROUP 16 (10" A8C-3) SY 121 $22.50 $ 2,'
327-70-1 iMILUNG EXISTING ASPHALT PAVEMENT (1. AVG. DEPTH) SY 460 $1.25 $
331-72-10 ,ASPHALTIC CONCRETE, TYPE 8-11I (1") SY 581 $2..70 $ t "
331-72-24 : ASP HAL TIC CONCRETE, TYPE S-I (2.5.) I SY 121 $5.80 $
,
711-4 iOIRECTlONAL ARROWS, THERMOPLASTIC EA 4 $49.25 $
711-35-121 'SOLID TRAFFIC STRIPE. THERMOPLA.STIC (WHITE) (12") LF 94 $1 .20 $
711-35-241 ,SOUD TRAFFIC STRIPE, THERMOPLA.STIC (WHITE) (24") LF 10 $3.70 $
[SOUD TRAFFIC STRIPE, THERMOPLA.STlC (WHITE) (6.) _.---
711-37-61 NM 0.070 $1,610.00 L--
SUBTOTAL TURN LA.NE $ 6,'
ROAD SHIFT ! !
120-1 iEXCAVATION REGULAR CY 2Sl $3.00 $
" - : OPTIONAL BASE GROUP 16 (10" ABC-:J) !
285-7-16 SY 684 $22.50 $ 15,
327-70-1 ,MILLING EXISTING ASPHALT PAVEMENT (1" AVG. DEPTH) SY (684) $1 .25 $ Co
331-72-10 'ASPHALTIC CONCRETE, TYPE 8-111 (1") (NO NET CHANGE) SY 0 $2..70 S
,-
331-72-24 ASPH.ALTlC CONCRETE, TYPE 8-1 (2.5') SY 684 $5.80 $ 3.:
SUBTOTAl.. ROAD SHIFT $ 19~
-.---
TOTAL. T\JRN LANE + ROAD SHIFT I $ 25.
EASTBOUND RIGHT TURN. IMMOKALEE RD AT STRAND BLVD I
!Tum Lane LengthlWidth - Current Design - Single 290' Including SO' taper, 11' wide lane
Tum Lane LengthlWidth - Proposed - Single 410' inclu(lng 50 taper, 11' oMde lane
Increased arva of turn lane pavement ~ 147 fN (AI new pavement)
.----
OUAHTITY
PAY ITEM DESCRIPT10N UNIT INCREASE UNrr COST TOl
120-1 EXCAVATION REGULAR CY 55 $3.00 $
285-7-16 OPTIONAL BASE GROUP 16 (10" ABC-3) SY 147 $22.50 $ 3"
331-72-10 ASPHAlTIC CONCRETE, TYPE 8-11I (1") SY 147 $2.70 $
331-72-24 ASPHAlTIC CONCRETE, TYPE 8-1 (2.5") SY 147 $5.80 $
711-4 DIRECTIONAL ARROWS, THERMOPLASTIC EA -t 2 $49.25 $
711-37-61 SOUD TRAFFIC STRIPE, THERMOPLo\STIC (WHITE) (6") NM 0.023 i $1,610.00 $
! I
I, -----
TOTAL. T\JRN LANE . " $ 4,
..., l1:r111 '''v. IV'
June 22, 2004
Page 35 of 47
w.\')tYV'A')NV1Nl7\~& rw. 1n"',..."..,..........,.....
P~n~1 1 of 2
ATTACHMENT 2
IMMOKALEE ROAD SIX LANING (COLLIER COUNlY)
OPINION OF PROBABLE CONSTRUCTION COST INCREASE FOR
DUAL WESTBOUND lEFT TURN LANES, ROAD SHIFT,
INCREASED lENGTIi RIGHT TURN LANE & TRAFFIC SIGNAL
IMMOKAlEE RD AT STRAND BLVD
3-17-04
EXHIBIT ~
Page 14- of....!.:
TRAFFIC SIGNAL -IMMOKALEE RD AT STRAND BLVD
QUANTITY
-- -
PAY ITEM DESCRIPTION UNIT INCREASE UNIT COST TOTAL
630-1-12 CONDUIT (F&!) (UNDERGROUND) LF 100 $18.00 $ 1,800
539-2-1 ELECTRICAL SERVICE WIRE LF 100 $1.15 $ 115.
-- n _ _ .
649-41 !XJ03 MAST ARM ASSaf (F&VHL) (SINGLE ARM WIO LUM.) (85-03) EA (1) $17,850.00 $ (17,850.
649-416-004 MAST ARMASSEM (F&J/HL) (DOUBLE ARM WIO LUM.) (86-04) I EA (1 ) $20,000.00 $ (20,000.
649-417-006 MAST ARM ASSEM (F&UHL) (DOUBlE ARM WIO LUM.) (87-06) EA 2 $30,000.00 $ 60,000.
650-51-313 TRAFFIC SIGNAL 121N STD. (F&I) (3 SEC, 1 WAY) (SPECIAL) AS 3 $1,565.00 $ 4,695
659-101 SIGNAL HEAD AUXIUARIES (F&I) (BACK PLATES. 3 SECTION) EA 1 $70.00 $ 70
-------
TOTAL - TRAFFIC SIGNAL $ 28,S30.
Agenda Item No. 101
June 22, 2004
Page 36 of 47
\A/.''?IV\n\~~^ lift 1n\^........h.-~.,.....e
POI"" ? nf ?
ATTACHMENT 3
SCHEDULE OF PROPOSED FEES FOR
COLWEfl COUNTY PROJECT NO. 66042
ROADWAY REALIGNMENT AT STRAND BOULEVARD
(DUAL we LEFT TURN LANES - REALIGN EB ROADWAY)
SUPPLEMENTAL AGREEMENT NO. 10
-
TASK NO.
TASK
TYPE'
.
ASK DESCRIPTION
T.6--7.00 ROADWAYPLANS
TASK 7.01 REVISE TRAFFIC TECHNICAL MEMORANDUM - STRAND
LS
TASK 7.02 REVISE PlANS -IMMOKALEE ROAD AT STRANO BOULEVA.RO LS
ASK 7.00 TOTAL
.-...---. ----.-----....-.-.......-....---.-----...- -...- . -...--......-..-.--.....-...--
TASK 10.00 COUNTY UTIlITY RELOCATION PlANS /FORC!! MAIN REUSE)
TASK 10.01 REVISE PLANS. STRAND BOULEVARD
i
HOLE! MONTESi
LAeOR COST :
!
$
$
200.00 I $
30.20000 : $
~
TASK 10.00 TOTAl.
~---.- 1--,-
LS $ 3,03000 I $
$
3,030.00 : $
TASK 11.00 RIGHT-OF-WAY PLANS
...-...........---.-...-..---..----.-.L-
LS ! S
EA $
1$
TASK 11.01 REVISE RNAL RIGHT-OF-WAY PlANS .IMMOKALEE AT STF.ANO
TASK 11.02 LEGAL DESCRIPT10NS AND PARCEL SKETCHES'
TASK 11.00 TOTAL
800.00 ! $
2,520.00 ! $
3,320.00 ! $
3-17.
EXH~..J
Page IS of..J.
i ADMIN Fe. HOLI! ;
i
MONTEllI 1
I SUIS8 DIRECT !
i
I!XPENSI!S ~
1 ,
I !
I ,
!
SUB
CONSULTANT
COST
TBI!
8,610.00 $
860.00 S
: $ 30,400.00 i $ 15,610.00 1$
i I
i I
.._m ...........-. r-----j"-----T
! i
------r'
- 1$
. 1$
- $
- $
1560.00 $
!
i
I
- $ - $
. 1$ - $
- ! $ - $
*TASK FEE BASED ON . NEW U:GAL DESCRIPTIONS AND PARCEL SKETCHES AT $630 EACH AND 0 REVISIONS AT $135 EACH
1---.------ .-.....---........ ..,-..
TASK 12.00 SIGNALIZATION PLANS
-- .-
TASK 12.01 REVISE SIGNALIZATION PLANS (STRANO BOULEVARD)
1 : t
-. ...- ........----.~....----.--;.---___r_
I [TBe!
~ l j
TASK 12.02 REVISE MAST ARMiFOUNDAnON DESIGN ANC PLANS
LS 1$
I
LS i $
TASK 12.00 TOTAL
TASK 13.00 LIGHTING PLANS
1---_ -- - _____........___. .'M_.. "___'_"
TASK 13.01 REVISE PlANS (IMMOKALEE ROAD AT STRAND BOULEVARD) LS S
. -....... ...---...-.---. --
TASK 13.00 TOTAl. $
M-ASK 14..00 SIGNING AND PAVI!MI!NT MARlCINQ PI..ANS
~ASl< 1..01 REVISE PlANS (IMMOKALEE ROAD AT STRAND BOULEVARD)
LS
TASK 1..00 TOTAL
SUPPLEMENT AI. AGAfl!MENT 110. 10 TOT AL
*TASK TYPe
.-
LS . LUMP SUM
TM - nME AND MATERIAL
EA. PER EACH
,
200.00 j $
1
$
200.00 I t
i
!
;
200.00 t $
200.00 I $
$
$
I
200.00 I $
200.00 I $
I
$ 37,350.00 i $
$
5,520.00 I $ 550.00 $
! $
3,996.00 I $ 400.00
9,518.00 I $ ~O.OO $
!
TBe I
5,30700 j $ 530.00 $
5,307.00 I $ 530.00 $
TBe
4,817.00 $ 480.00 S
_,817.00 $ 480.00 $
26,260.00 S 2,120.00 S
Agenda Item No. 101
June 22, 2004
Page 37 of 47
... 1$
;
900.00 ! $
;
900.00 1 $
;
$
$
90.00 ! S
90.00 i $
i
i$
is
1$
1
1$
1$
!
. i$
- i $
. t s
is
i
! $
990.00 ! s
i
!
-r-
A TT ACHMENT 4
HOLE MONTES, INC.
PROFESSIONAL FEE SCHEDULE
ImmokaJee Road Improvements - Supplemental Agreement No. 10
EXHIBIT .-t..
Page \ c.. of ~
Date: April 5, 2004
Submitted to: Collier County
Senior Principal Engineer VIlL................................................................. ..$175.00 per hour
Principal Engineer vn ....... .............................. ..... ..................................... ..$165.00 per hour
Engineer VI ................... ..... ................... ...... .......... .... ........ ......... .... ............ ..$140.00 per hour
Engineer V........ ..... ......... ....... ..................... .......... ....... ............ ....................$125.00 per hour
Engineer IV ....... ..... ....................... .... ... ....... .... ..... ............. .... ............ ...... .....$110.00 per hour
Engineer III ....... ........... ............. ........ ....... ............ ................. .... ........ ..... ......$ 95.00 per hour
Engineer II................................ ................ ... .............. ............ ................... ....$ 85.00 per hour
Engineer I.......... ......................... ...................... ..... ...... .......... .......... ....... ......$ 70.00 per hour
Environmental Operations Specialist..... ............................... .......................$ 80.00 per hour
Permitting Coordinator .............. ... ...... ........ .......... ....... ........................... .....$ 70.00 per hour
Landscape Architect... ........... ............. ......... .... ..... ......... ..........$110.00 per hour
Senior Designer...... ...... .......... ......... ................ ............. .............. .... ....... .......$ 85.00 per hour
Designer ............ ..... ........... ............ ........................ ....... .... ..... ... ...... ......... ... ..$ 75.00 per hour
Senior Computer Technician ............................... ........................................$ 65.00 per hour
Computer Technician .......... ................ ................. ... ........ ...... ..... ..... ....... ......$ 55.00 per hour
Senior Contract Administrator..... ...... ...... ....... ...... ....... ......... .................. .....$ 85.00 per hour
Contraet Administrator ......... ... ........... ............ ..... .......... ..............................$ 80.00 per hour
Senior Construction Field Representative ...................................................$ 75.00 per hour
Construction Field Representative ...............................................................$ 60.00 per hour
Senior Planner .............. ... ..... ...... ... ........................................ ............ ...... .....$135.00 per hour
Planner .... ............ ........ ......... ......... ..................... ... ......... .......... ............... .....$ 70.00 per hour
Principal Surveyor............................... ............................. ..... ........... ....... ... ..$120.00 per hour
Senior Surveyor....... ........ ........................................ ....... .......... ............... .....$1 05.00 per hour
Surveyor ........ ............. ................ ............ ....... ............... ........ ................... .....$ 85.00 per hour
2 Man Survey Crew ....................................................................................$ 100.00 per hour
3 Man Survey Crew .....................................................................................$135.00 per hour
GPS Operator .......... ..... ............ .... ............. ........ ..... ...... ........ ................... .....$ 70.00 per hour
Technician IV.......... ..... ................... ....... ..... ...... ...... ..... ...... ..........................$ 55.00 per hour
Technician ill ............... ............................... .......... ....... ........ ................... .....$ 45.00 per hour
Technician n ................................ ........................... ............ .................... .....$ 40.00 per hour
Technician I......................... ........................ ...... ................. ........................ $ 35.00 per hour
Subcontractors ............ ..... ....... ...................... ............ .................. ............. ...... .......... Cost + 10%
Out-of-Pocket Expenses ............. ............................. ................................................ Cost + 10%
Mileage...... ............. .... ............ ........ ............... ............................... ....... ............. ....... $ 0.36 per mile
This Fee Schedule is effective for one year from date of the SUPPLEMENTAL AGREEMENT.
Agenda Item No. 101
June 22, 2004
Page 38 of 47
. ., nA
-
EXHIBIT "H" (9 pages)
COLLIER COUNTY AL TERNA TIVE 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 faci1it~tes ::ettlement 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 COurlty construction contract. A claim should
cover all unresolved disputes existing at the time of presentation to arbitration
or mediation.
2.2 Evidence: Oral testimony, wlitt~n or printed material or other things
presented to the arbitrator[s] or inCdlator(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.
--
Agenda Item No. 101
June 22, 2004
Page 39 of 47
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 ofthe 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 of1imitations.
4.2 Upon request, the COlUlty will make available to any party wishing to initiate
arbitration or mediation, a procedural package containing the necessary
forms. The fonDS 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 win 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.
2
Agenda Item No. 101
June 22, 2004
Page 40 of 47
4.4 The Claim Form shall be accompanied by:
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. h 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. ADMINlSTRA nON 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 oftestimony 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
3
AgElnda Item No. 101
June 22, 2004
Page 41 of 47
between them prior to arbitration being initiated. In any event, a full
exchange of documents shall be eompleted 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 COWlty or court reporter if present shall administer an oath to aU 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 wiU be the sole
judge of the relevance and materiality of evidence offered.
4
Agenda Item No. 101
June 22, 2004
Page 42 of 47
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-calend2J da.y 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 t:xpected 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.
5
Agenda Item No. 101
June 22, 2004
Page 43 of 47
8.4 Each party shall bear an equal share ofthe cost of the mediator.
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 notieed 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.oo an hour, or the
current rate for the Court program. An additional fee of25% shall be payable to
the Court Program for administration of any arbitration, but shall not be assessed
6
Agenda Item No.1 01
June 22, 2004
Page 44 of 47
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.
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 Chainnan 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 CEl
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 contlict.
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 wilt b,~ employed by the Contractor awarded
the project, the CEI consultinz firm selected for the project or by any
subcontractor or supplier of tbe r:oject during the life of the Contract,
excc::pt as a panel member or mea:ator.
d. The Florida Rules of COlD1 Rules 10.200 et seq., Part n 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.
}
Agenda Item No. 101
June 22, 2004
Page 45 of 47
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
Agenda Item No. 101
June 22, 2004
Page 46 of 47
TIME CHART FOR ADR:
Within the Following Time Periods Following the Notice of Claim or the Date of the
Occurrenc~ 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 shan 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
Agenda Item No. 101
June 22, 2004
Page 47 of 47
-.
EXECUTIVE SUMMARY
Reccnnmendationtoapprove the selection and funding of a consultant to perform a
Fiql Stability Study.n, review all the potential sources. Cor generalting revenue Cor
COllier eou.ty and. detenn.ine the proper balance to promote future economic
sustainability.:
OBJECTIVE: That the Board of County Commissioners approve the selection of
Anderson Economic Group, L.L.C. as the consultant of choice to perfonna Fiscal
Stability Study to review all the }X>tential sources for generating revenue for Collier
County and. determine the proper balance to promote future economic sustain ability , and
funding of said study in the aInoun.t of$53,QOO plus expenses.
CONSIDERA1'lONS: On May 11, 2004 the Board of County Commissioners voted to
bring baek:for con$l4eration as a regular agenda item the request by Ms. Tammie
NeJD.ecek~ Executive Pinx;to-I' of tbe-Economic Development Council of Collier County
(Ene). for the Board to consider and approve the selection of a consultant and the
assOciated cost to cOIlducta fiscal stability study for Collier County.
-
CQllier County is challenged to economically diversify its economy. Our county
economy h(iS become increasingly dependent in recent years upon new construction .
incotneand tourism activity, These two industries cannot maintain their current rates of
growth into the future. Efforts ate underway to reduce the. area's dependence on these
two industries through eCOJiomicdiversification. The industries seen as potential
candidates for diversification in Collier County rely on external markets (outside Collier
County) to purchase and sell their products or services. For that reason, these specific
industries are extremely mobile and are also keenly aware of loeal business costs.
The. costs of locating in Collier County have risen rapidly in recent years:. as a result of
land costs. well above those of neighboring counties, and an aggressive impact fee
strategy to raise funds for new capital expenditures,
While impact fees may be one of the sources of funding, it is important to review all the
potential Sources for-generating revenue for Collier County anddeterrnine the proper
balance. These. sources include. but are not limited to: impact fees. ad valorem tax. gas
tax,s~tax:, tnlnsfer fees, special ~sessments, user fees and tourist taxes. This study
will dete.rm.ine rekvant impacts. of each revenue sour<;e and recommend appropriate taX
levelS and suggested tax COIfipt)Si.tioIi that will raise the needed amount of revenue while
continuing to provide strong incentives for economic gtO wth.
The S(;ope of the report may addresst but is not limited to:
· The costs of funding soutces on:
o New residents
-
Agenda Item No. 10J
June 22, 2004
o Existing residents
o New businesses
o Existing business
o Economic diversificatio!l.
o HousingMfordability
Specifically, the study will include:
· Recent historical Collier County revenue performance, including both the
amounts and composition of the county revenue sources.
· The combining of historical expenditures with government budget forecasting
models and planned government expenditures to project future budget needs for
Collier County. Based on the current revenue generation structure, will our
future budget requirements be met? If not, then what combination and sources
of revenue will be necessary to meet future budget requirements?
· Concluding with recommendations for attaining sustainable, future revenue
generation for Collier County expenditure requirements with minimum
disruption to the economic viability of Collier County.
The completed study will be presented to Lhe Board in Scp(cmber of tlllsyear.
.......""'-
The consultant's scope of services; firm qualifications. ",..ork plan, quality assurance
policy, staffing, fees, and timelirte are included in the accompanying exhibit.
FISCAL IMPACT: The consultant estimates his- fees for this study to total $53,000 plus
\Jut ()f pocket expenses without markup. The EDC is asking lhat the fooding of this study
he taken from the General Fund a~ a current year expense.
GROWTH MANAGEMENT IMPACT: The scope and deliverables of this study are
consistent with the Economic Element of the Grow!hManagement Plan, specifically
Objective 1.3 that states: "Collier County will support iTt"Ggr.:J.illS which are designed to
promote and encourage the recruitment of new industry as \vell as the expansion and
retention of existing industries in order to diversity the County's economic base.
. RECOMMENDATION: That the Board of County l\Jinmissioners approve the
selection of AnderSQn Economic Group. L.LC. as the venl10r of choice to conduct the
proposed fiscal stability study for a fee of $53,000 pIGS exl'~ n;;es with their report to be
made to the Board ofCountyCo:tnmissionersinSeptemut;;t, 2004.
-
Agenda Item No. 10J
June 22, 2004
COLLIER COUNl 'Y
,--
BOARD OF COUNTY COMMISSIONERS
Item Number
1C:J
Item Summary
RecomfTlendati.:x) to approve the sBledfon and funding of a consultant to
pmfom1 a Fisca; Stability Study to mview all ttH~ potential sourer", for gllnmating
revenUE! for Comer County and determinE! the proper balancE! to promote future
econom,c sustainabillty. (Joe Schmitt, .A.dministrator, Community Deve.opment)
Meeting Date
6/2212004 9:00:00 AM
I'n'pared By
Oer:tM1 Baker
Finam:ii\l Arimir: & HO\Jsing Direcmr
Eif14i200411:H:55
AM
('C'"""'Ur.,ty D!;velopmeot &
[:,:,,, c.; 'C, ,'>::<1! Services
FJr:andal Actm1l1. & H!.lusir:g
Approved By
~..' :.:: ~ "::.t~1.rt. ':~' :'.-, )chns.on
O"f!rafioflS Analyst
D;;te
::;:;><0',"";0"1;' Develapn;<lnt &.
Eflv;r<:mmen!.,'31 $<lrvices
Community Develapmf!nt &.
Efivircnmental $<lrvjces Admin.
6f14i2{104 12:26 PM
A pproved By
Denton 8;.~ker
Fjn;'lI1ci~1 Admin &. Housing Director
Date
Community Development &
Envimnmel'ltaE Services
Finanei..l Admin. & Housing
Gi'14!20041:42 PM
Approved By
J(,!-;(1ph K Schmitt
Ccmmufljty Dml<llopmtlnt 3-
Enviroom!;ntai ServicElS Adminstrator
D"tll
Community Development &
Environmental Services
Community Development &.
Environmental Services Admin.
6/'14/2004 4: 57 PM
Approved By
Pat l.~hnh3rd
Admifl,st!aHvll Assistant
Date
Ccunty M,lnager's Offic<l
Oftke of Mtll1<lgement & Budget
01'1 5f2004 8;59 AM
A pproved By
Mark Isackson
Budget Analyst
Date
County Msnagllr's Offka
Offica of Mansgemllllt & Budget
6/15120044:44 PM
Approved By
Michtl!:! Smykowski
Managem!;nt & Budget Director
Date
Couni:y Ma!lagt'r's Office
Office of Management & Budget
6f15i2Q04 5:35 PM
Approved By
J"ml;>S V, Mudd
Count)' Mtlnagllr
Date
Board of C(',unty
C cmmiss loners
County M!lnagllr's Office
6/15/20046:16 PM
,.,.-
Agenda Item No. 10J
June 22, 2004
Economic Development Council of Collier County
3050 North Horseshoe Drive, Suite 120
Naples, Florida 341 ()4.
RE: Proposed consulting services
Dear Economic Development Council of Collier County:
We are pleased that you have invited our firm to provide Collier County with an eeonomie and
fiscal assessment to determine diversification and revenue ma~imization strategies. Anderson
Economic Group has conducted numerous studies of this type. We bave drawn on tbese past
experienccs, as wcll as our previous discussions with you and othcr EDC members, and the Fiscal
Stability Study "scope" document that was provided to prepare this pro{X)salletter.
Below we set out a proposed plan of work, background of the key consultants for tbis project,
budget, and timeline.
Firm Profile
Anderson Economie Group, L.L.c. specializes in provicling consulting services in economics,
finance, public policy, and market assessments. Our approach to work in these fields is based on
our core principles of professionalism, integrity, and expertise.
We insist on a high level of integrity in our analyses, together with technical expertise in the field.
For these reasons, work by Anderson Economic Group is commonly used in legislative hearings,
legal proceedings, and executive strategy discussions.
Since our founding in 1996, our analysis has helped publicly-held corporations, private
businesses, governments, and non-profit organizations. Our work has included markets
throughout the United States, as well as in Canada., Mexico, and Barbados. Recent Anderson
Economic Group clients include:
Governments
State of Michigan
State of Wisconsin
State of North Carolina
Oakland County, Michigan
· City of Detroit, Michigan
Detroit - Wayne County Port Authority
City of Norfolk, Virginia
City of Fort Wayne, Indiana
City of Cincinnati, Ohio
Businesses
General Motors Corporation
PG&E Generating
Beck's North America
Agenda Item No.1 OJ
June 22, 2004
.-
· SBC and SBC Ameritech
Thc Octroit Lions
Kmart Corporation
· Toyota, Honda, Ford, Mercedcs-Benz, BMW, Suzuki and Lincoln-Mereury dealers, or
their associations.
· Labatt USA
· W. Grant & Sons
Ann Arbor Railroad
· Taubman Centers, Inc.
Nonprofit and Trade Organizations
· International Mass Retailers Association
Hudson Institute
· Michigan Chamber of Commerce
· Telecommunications Association of Michigan
· Michigan Catholie Conference
Automation Alley
· Michigan Retailers Association
· American Automobile Manufaeturers Assucialion
Michigan State University
· Van Andel Institute
,...--
Plan of work
We propose the following plan of work:
1. Kick-off the project with a conference call between our project team and representatives from
the Economic Development Council of Collier Clunty. During this call we will verify our
contract, the project schedule (including anticiratcd travel dates), and the information that we
need to obtain from you.
We expect such a call would occur soon after:i contract is agreed upon.
2. Collect and review data pertinent to the study, including that provided by the county. At this
time we will also begin outlining a model thar \...;]1 be lJsed to project economic growth and
fiscal stability. As we develop the model we may-cccgnize additional data needs. We will
immediately infonn the county to obtain assisraIlc~ in gathering sueh data should this oceur.
We will begin the data collection and review ufXln receipt of an executed contract.
3. Attend a formal kick-off and presentation to the Collier County Board of Commissioners. We
will plan to be in the county on June 21 and 22 for this presentation, as well as to meet with
members of the EDC, and to discuss any data needs we might have.
Should this contract not be agreed to by June 8. 2004. we can not guarantee our availability on
the 21st and 22nd of June.
4. Build an economic and fiscal impact input database to manage the collection and use of
necessary project data.
5. Incorporate projections of population, trade, retxl sales, income and property tax revenues,
Agenda Item No.1 OJ
June 22, 2004
and state-shared revenue. Projections will span the next 10 years for each of different scenarios
(2-4 different sccnarios).
6. Projections for population growth and implied real and personal property !:aX base growth.
7. Customize our fiscal and economic model, which have been used to forecast different types
of state and local taxes, for Collier County. We will adapt these structural fiscal simulation
models to address the economie and fiscal structure of the County. 1
8. Using our proprietary AEG simulation model, project the economie and fiscal impact of
diffr.rcnt secnarios using !:aX ratc assumptions. Fiscal impact would includc the net !:aX
revenue, after adjusting for policy changes under different scenarios.
9. Complete a draft report, whieh will include an executive summary, a description of the
methodology used, and major findings and recommendations. The report will also include
summary data tables and relevant figures.
10. An optional trip by llhan Geckil or Patrick Anderson to meet with you and review our draft
report, methodology, and findings. Professional fees for this trip are not included in !he cost
estimate below.
11. An opportunity for you to comment on the uraft report during a period of 5 business days.
Based on comments received during this period, we will complete any necessary editing or
reVISIons.
12. Prepare a final report, of which we will provided 3 bound copies, and one in electronic (.pdf)
fonnat. Additional copies can be provided for the cost of their preparation.
13. A formal presentation to an audience selected by you, as well as follow-ups with any media
that may contact us regarding the study. We will plan for such a presentation to be held ill late
August or early September, 2004. The presentation will be delivered by Patrick Anderson.
Additional presentations can also be provided at your request. We will bill for any time and
costs related to such additional presentations.
Quality Assurance Policy
Anderson Economic Group follows a written quality assurance program, based on the elements of
ISO 9000. Among the quality assurance steps we insist upon are the use of a sound, written
methodology; documentation of important sources; identification of important assumptions; fIle
organization and retention schedules; proper summarization of technical work; and high quality
standards for written reports and graphics.
No Guarantee of Outcome; Limit of Liability
We base our recommendations and analyses on available data and professional judgement Of
course, because economic, market, and industrial conditions change; data can prove incomplete
or misleading; and government policies are outside our control; we cannot guarantee the future
1 AEG structural fiscal models are built in a sophisticated mathematical programming environment, Matlab
and Simulink. This environment allows for much more sophisticated analysis than possible in spreadsheet
environments, including the simulation of multiple sccnarios, cxplicit incorporation of fcedback or inccntivc
effects, the incorporation of income and price elasticities, non-linear responses to tax policy changes, and other
features.
Agenda Item No.1 OJ
June 22, 2004
outeome of any business venture, government policy, or legal orregulatory proceeding. Because
of this, wc do not providc any warranty for our work beyond thc Quality Assurance policy stated
above. Furthermore, this contract limits our liability under all circumstances to the total dollar
amount of professional fees in any cngagement.
Project Team and Related Experience
Working on this project will be Patrick L. Anderson, llhan K. Geckil, and Scott D. Watkins. Brief
biographical sketches of key project staff are attached.
Also attached are several proflles from previous Anderson Economic Group projects. We also
invite you to visit www.AndersonEconomicGroup.eom.
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Fees for Services
For the services outlined in this letter, we will charge for professional time and direct material
costs. We anticipate fees for professional time to total $53,000. This includes a professional
discount of 20% that we provide for non-profits and municipal governments. This discount will
also apply to additional work, including the optional trip for a review of our draft, and any
additional presentations that you may request. Our professional time fees cover eonsulting work,
copying in small quantities, postage for standard letters, routine telephone charges. computer
charges for standard office services, and other nominal costs for the provision of the services
::,-pecified in this letter.
In additional to professional fees, we will bill, without markup, all direct material and travel
costs. Direct material may include printing and eopying costs (including color) for significant
quantities, including full-color and large exhibits; and special data or document charges. Travel
costs may include airfare, reasonable accommodations and meals, vehiele rental, and other eosts
in<.:urred while trdveling to and from Collier County, Rorida.
We request an initial retainer of $10,000, which will be applied against any balance due on your
last invoice. We will provide monthly progress invoices throughout the duration of the project,
each of whieh is payable to us within 21 days.
Our <.:urrent professional rate s<.:hedule, before any discount, is as follows:
Patrick L. Anderson and other Principals, $325 per hour;
Sharon M. Vokes, Victor Wrotslavsky and other Managers, $260 per hour;
Senior Consultants, $220 per hour;
TIhan Geekil, Scoll Walkins, and oLher Consultants, $180 per hour;
Christine LeNet, David Kulpanowski and other Senior Analysts, $135 per hour,
Vladimir Hlasny, and oLher Analysts, $120 per hour;
Megan Boone, and other Research Associates, $100 per hour,
Andrea Chroniewicz, and other Administrative Staff, $70 per hour.
Information and Services You Will Provide
To properly complete our work, we anticipate receiving from you the following:
· Historical revenue data (past five years) by source, including rates.
Agenda Item No. 10J
June 22, 2004
. Past reports, eeonomic data analyses, revenue projections and other materials in the
posscssion ofthc County and suggested for ourrcvicw.
An outline of current tax system (including millage rates) and revenue sources of the
eounty .
· An outline of state shared-revenue system.
If available, retail sales and eonstruction data
Copies of relevant data, research, and other materials on the topic.
· Overview of the County boundaries.
We anticipate that much of the data you provide will be in eleetronic formaL We prefer either
Mierosoft Excel or Aecess files. Also, where possible, data that contains geographic elements
may be useful if provided in a format that could be used in our Geographie lnformation System
(Mapinfo ).
Time line
ormal Presentation tc August or September
This proposal expires 30 days after our execution of it, unless extended.
une 21 - 22, 2004
June 8 - July 9, 2004
We antiei ate conduetin
Work Plan Item
Execution of Agreement
Initial Meeting
Data Acquisition, Model Outline
ode1ing, Analysis & Review
Draft Report
inal Report
une 28 - August 6, 2004
ugusl6,2004
ugust25,2004
Agenda Item No. 10J
June 22, 2004
Conclusion
If this letter accurately reflects our agreement, please sign both copies, returning one to me along
with a retainer eheck in the amount of $10,000 and we will begin work immediately. If you
would like to further discuss any portion of this letter, please contaet us at (517) 333-6984. I look
forward to speaking with you sooo.
Sincerely,
Scott D . Watkins
Director of Marketing and Administration
Agreed:
[Signature]
[Title]
[Date]
\\Aegserver\Public\public\Prospects & Initiatives\Collier County FL - econ_tinance\engage_letter33.FCC
Agenda Item No. 10J
June 22, 2004
Project Team
Patrick L. Anderson
Patrick Anderson is the Principal and founder of Anderson Economic Group. He has twenty
years of professional economics experience, and has supervised projects for major
corpomtions, states, cities, and non-profit organizations. Prior to founding AEG in 1996, Mr.
Anderson's experience included serving as the deputy budget director for the State of
Michigan, chief of staff for the Michigan Department of State, an economist for two of
Michigan's largest financial institutions, as well as a graduate fellow in the Central
Intelligence Agency. Mr. Anderson has a Bachelor's degree in Political Science and a Master's
degree in Public Policy, both from the University of Michigan in Ann Arbor, and has
completed specialized training at Carnegie-Mellon University and the Harvard School of
Public Health
He is the author of over 90 published monographs and articles, which have appeared in The
Wall Street Journal, Detroit News, Detroit Free Press, Crain's Detroit Business, Michigan
Forward, American Outlook and other publications. His book Business Economics and
Finance will be published by CRC Press in April 2004.
Ilhan K. Geckil
llhan Gcckil is an economist and consultant with Anderson Economic Group. Mr. Geckil has
extensive experience in applied economics, mathematics, and public fmanee. He has served as
thc lcad consultant on projccts including automotive retail, alcoholic beveragc, rental car
franehises, and fiscal and economic impaet studies. His projects have included automotive
market and business analyses for Mercedes- Benz, Ford, Honda, and Toyota dealers; alcoholie
beverage markets for brewers or wholesalers representing Anheuser-Buseh, Laban, and Beck's
brands; and fiscal impact or federal tax incentive studies for Detroit, Michigan, and the Grand
Rapids Area Chamber of Commerce.
Mr. Geckil holds a Masters degree in Economics from Michigan Slate University and
Bachelor degrees in Economies and International Relations from KOC University in Istanbul,
Turkey. Prior to joining AEG, Mr. Geckil served as a research assistant at Michigan State
University, and as an assistant consultant for the Project Development and Financial
Consulting Corporation in Istanbul, Turkey. He recently authored an article on regulation in
the automobile industry published in Business Economics.
Scott D. Watkins
Scott Watkins is Consultant and Director of Marketing and Administration at AEG. Mr.
Watkins has served as the lead consultant on multiple projects involving tax policy, school
fmance and performance, community and economic development. He has served as lead
consultant on projects for Red Arrow communities, the Van Andel Institute, and the Michigan
Chamber of Commerce; and has worked on projects for the General Motors Corporation, the
State of Wisconsin, Michigan Retailers Association, and the City of Detroit. He is a co-author
of two reeent monographs on school finance published by the Michigan Chamber of
Agenda Item No. 10J
June 22, 2004
Commerce.
Mr. Watkins is a graduate of Michigan State University, with a B.A. in Marketing from Eli
Broad College of Business and a B.A. in International Relations from the James Madison
College. Prior to joining Anderson Economic Group, Mr. Watkins was an analyst at J.D.
Power and Associates.
Agenda Item No. 10J
June 22, 2004
Prior Engagements
City of Cincinnati. Ohio
Economic Analysis and Revenue Forecasting
The City of Cincinnati required foreeasts of revenue and expenditures for the following six fiscal
years. The City retained Anderson Economic Group to provide these forecasts, as well as the
economic and fiscal analysis required to adequately simulate future tax bases, revenue streams,
and cost drivers.
Using econometric forecasting tools and fiscal simulation models, each of which we customized
to mimie local conditions, AEG developed a dynamic forecasting model for the City. The model
provides an independent assessment of likely future economic conditions and, assuming stable
fiscal policies, the resulting general fund revenues from major sources.
The [mal deliverable, which will be provided in June 2004, will include the forecasting model
and an executive report describing the methodology, assumptions, and expected revenue
foreeasts. The City will use the model for budget planning, and in an analysis of the City's ability
to pay prineipal and interest on bonded indebtedness in the future.
Economic and Fiscal Impact Study
Detroit/Wayne County Port Authority
The DetroitlWayne County Port Authority oversees the operation of the Port of Detroit, the
second largest port in the Great Lakes St. Lawrence Seaway System. The port generates $104
million in annual business revenue.
DetroitlWayne County Port Authority proposed a renovation and expansion of the Detroit Port.
Anderson Economic Group was commissioned by the authority to complete an independent
economic and fiscal impact study of the proposed project on the City of Detroit, the Metro Detroit
region and the State of Michigan.
Our evaluations included an analysis of direct and indirect activity related to freight and
passenger activity at ports in the Great Lakes St. Lawrence Seaway System; projection of
employment, construction, freight, passenger activity, and other key variables directly related to
aclivily at the Port of Detroit, assuming Lhal the current facilily continues withoul major
renovation; projection of these same variables assuming that the development plan proposed by
the Port Authority is completed; and projection of economic and fiseal impact of the development
on the Metro Detroit and Michigan economy by using a custom simulation model.
The report was used in presentations to the City of Detroit Economie Cabinet, as well as other
local and state groups. As a result, the City approved the expansion, and provided tax exempt
status to the development property.
Agenda Item No.1 OJ
June 22, 2004
West Coast Port Shutdown, Economic Impact Analysis
AEG Working Paper
The International Longshoreman and Warehousement Union (lL WU) and the Pacific Maritime
. Association (PMA) failed to reach agreement on a renewal of their labor contract in mid-2002,
resulting in a shutdown of ports on the West Coast of the United States. These ports accounted for
a substantial portion of US international trade with Asia, including both imports and exports.
In response to numerous inquiries about the eeonomic impact of the shutdown, Patrick Anderson
and Ilhan Geckil eompleted an analysis of the likely impact of a four-week shutdown. ("Lost
Earnings Due to West Coast Port Shutdown," working paper 2002-10, ten pages, October 7,
2002) This analysis was published on our web site and provided the only complete, published
analysis of the work stoppage available at the time. The analysis was updated when the shutdown
ended with federal Taft- Hartley intervention shortly afterwards. A number of newspapers,
including The Wall Street Journa~ San Francisco Chronicle, and The ws Angeles Times, cited
our analysis in their coverage of the work stoppage. A number of these articles eontrasted the
results of our published analysis with exaggerated impact claims that were based on non-
published or unattributed sources.
Our follow-up analysis, using data assembled by the Federal Reserve Board for their "beige
book," indicated that our original estimates were quite accurate. A completely separate analysis
done by an East Coast consulting firm also eorroborated our estimate.
Workforce Development Consulting
State of North Carolina
Faced with both a budget crisis and a sharp decline in manufaeturing employment, the Governor
of North Carolina requested a coalition of development agencies to obtain recommendations to
improve workforce and economie development praetices.
This coalition retained Anderson Economie Group to provide expert knowledge on state
workforce and economic development, and to facilitate economic planning efforts. We produced
a document summarizing recommendations from several regional workshops, which was
prescnted to a statcwidc Workforce Developmcnt Summit in Greensboro, NC, in February of
2002.
At the summit, Patrick Anderson presented on "best practices in economie development." The
AEG team also facilitated breakout sessions on specific topic areas, and prepared and presented a
final set of nine recommendations to the media and summit attendees.
Agenda Item No.1 OJ
June 22, 2004
Economic Impact Study
Kmart Corporation, Barbados
Kmart Corporation, headquartered in Troy, Michigan, is one of the nation's largest retailers, with
stores across the United States and in several other countries.
Kmart was interested in opening a "Super-K" store in Barbados. We produced an economic,
fiscal, and market impaet analysis of opening an 180,000 square foot store in Barbados. We
created a simulation model to projeet the economic and tiscal impact of such a development on
the national economy of Barbados.
Our evaluations included an analysis of the Barbados economy and retail market, a comparison of
the Barbados eeonomy with the economy of the US Virgin Islands, a protile of a Super-K retailer,
and the economic and fiscal impaet of the development on the Barbados economy by using a
custom simulation model. A special electronie version of the resulting report was prepared for
distribution to interested parties, and was used in seeking government approval for the project.
Project approval was ultimately granted, though work has been delayed as a result of Krnart's
recent financial restructuring.
Economic and Fiscal Impacts of Stadium Operations and Site Redevelopment
The Detroit Lions, Inc.
The Detroit Lions, aN ational Football League franchise founded in 1934, is one of the Detroit
area's principal professional sport teams. The team invested in Ford Field, a new stadium facility
in downtown Detroit to which it planned to relocate for the 2002 football season. With its lease at
the Pontiac Silverdome extending past the move-in date, the Lions entered litigation and
negotiations with the City of Pontiac in order to relocate to Ford Field as scheduled.
AEG assisted the Lions and its legal team by analyzing current and past finaneial documents of
the stadium, events, city, and sports team. We also performed extensive analysis of the
economics, demographics, and retail market surrounding the current Silverdome facility, and
prepared an assessment of the economie and fIseal effects of a redevelopment of the site.
We also produced a set of analyses of the effects on the existing Stadium Authority's finances
due to the potential attraction of exhibits and events to the new facility. These analyses were used
in settlement negotiations with the City and the Detroit Lions. The City and team later agreed to a
settlement allowing redevelopment of the site, relocation of the Lions games to the Ford Field
site, and a reasonable payment to the City.
Agenda Item No. 10J
June 22, 2004
Fiscal Impact Analysis of Telecommunications Lnw Changes
SEC Communications, Inc.
SBC Communications is one of the nation's largest telecommunications companies, providing
local telephone and telecommunications service in many areas of the United States.
Anderson Economie Group defined the likely fiseal impact of a proposed paekage of legislation
that would impose new taxes on the use of public right-of-ways by telecommunications providers,
provide funding to local governments for the use of their right-of-ways, and create a new state
authority to provide grants and loans to support the expansion of high-speed internet
("broadband") service. This process included analyzing FCC, MPSC, and industry data
concerning thc telecommunications infrastructure; creating custom geographic displays of service
areas for specific broadband technologies such as T1, cable modem, ADSL, and satellite; and
eonvening a fiscal conference for diseussion of the likely impacts of the legislation which
featured participation by regulatory and fiscal agencies of the State.
We also presented information on the telecommunications market and proposed legislation to
legislators, regulatory staff, the news media, and other industry officials. A portion of the project
involved the expansion of a special web site featuring extensive data and interactive graphics on
the telecommunications market.
Tax & Fiscal Impact Analysis
Michigan Retailers Association
The Michigan Retailers Association (MRA) represents over 5,000 retailers in the State of
Michigan, including both large and small firms. MRA retained AEG to conduct an evaluation of
the effect on the capital costs of a certain provision of the Michigan tax law.
The scope of the work included interviews with several Chief Financial Officers, the development
of a financial model to evaluate the changes in debt burdens on retailers due to the tax law, and an
evaluation of the benefits to the state government of the law. The fmdings were used extensively
by MRA and the state government. The Michigan legislature subsequently enacted a change in
tax law, following the recommendation of the study.
Economic and Fiscal Impact Analysis
Labor Arbitration Expert Testimony
City of Detroit, Michigan
The City of Detroit, founded in 1701, is one of the nation's largest cities, and the center of one of
the nation's largest metropolitan areas.
Anderson Economic Group provided the City of Detroit with a detailed economic and fiseal
impact assessment of a change in state law, whieh rendered the City's resideney ordinances
unenforceable after a certain date. The project involved projecting migration in and out of tbe
City, retail activity, related transportation, parking and real estate demands, and forecasting its
effects in tax revenue from income, property and utility taxes. An advanced simulation model was
developed to measure the impacts of the change in law on the future economic growth of the City.
Agenda Item No. 10J
June 22, 2004
The firm's Geographic Information Systems facility was also used to present both page-sized and
poster-sized displays of migration pattcrns, incomc, and gco-coded residcncc loeations of certain
employees of the City.
The results were given in three separate labor arbitration proceedings conducted under Michigan's
labor arbitration statutes, each of which includcd dctailed testimony and cross-cxamination under
oath. In addition, Patriek L. Anderson aecompanied the Mayor of Detroit in providing testimony
to the Michigan Housc of Rcprescntativcs on the residency issuc.
Michigan Economic Diversification Study
Michigan Economic Development Corporation
Thc Miehigan Economic Development Corporation (MEDC) is the State of Michigan's economic
development and promotion ageney, responsible for business attraction and retention efforts for
the State, as well as tourism and travel industry promotion.
Anderson Economic Group was rctained by the Michigan Economic Development Corporation to
determine whether Michigan's economy has become significantly more diversified over the past
quarter-century, or whether it remains overly dependent on one industry. For the study, we
evaluated the employment patterns in the Miehigan economy, by industrial sector, over the past
29 years. A comparison was then conducted of Michigan's employment with that of other states,
including the Great Lakes states, the United States as a whole, and California. Using these
measures, we then calculated both the standard measures of economic diversification, and
advanced measures using portfolio theory.
The resulting analysis was highlighted by the State in their presentations to bond rating ageneies,
helping the State earn a coveted "AAA" rating.
Business Climate Surveying
State of Wisconsin, Department of Workforce Development
The State of Wisconsin, as part of an effort to ensure economic growth, retained Anderson
Economic Group to research the business climate through a survey of business leaders, and to
prepare a report on the survey results and strategy recommendations.
AEG worked with Mitchell Research and Communications to develop and implement a research
strategy to collect qualitative and quantitative data. This included surveying nearly 400 business
leaders, and collecting demographic, market, policy, and business operation data. Tbe data was
then analyzed, and strategies recommended to help the State maintain and attract employers.
The flOal report was presented to state policymakers, including Governor McCallum, for use in
the development of a statewide plan.
South Carolina School Choice Analysis
LEAD Foundation
The LEAD Foundation, a non-profit think-tank located in Evanston, lllinois, retained Anderson
Agenda Item No.1 OJ
June 22, 2004
Economie Group to conduct an assessment of an Universal Tuition Tax Credit program in South
Carolina. AEG worked with LEAD to formulate a plan of work that would meet their time
limitations, and produced a comprehensive review in only 10 business days.
AEG's assessment included a comprehensive review of Soutb Carolina's Constitution, Code of
Laws, school finance syste~ and tax incidence. We also produced a simulation model to assess
the fiscal impaets of a Universal Tuition Tax Credit on the fiscal health of the State. The model
was made to simulate multiple scenarios over time, and to account for multiple factors, including
student migratiori, enrollment, phase-in limitations, and tax eredit caps.
In addition to providing LEAD with a report, which was used by LEAD to inform South Carolina
government officials, our projeet team also provided guidanee in policy formation and strategy.
Forecasting Leading Economic Indicators
Bloomberg
Bloomberg, an information services, news and media eompany, is one of the world's most trusted
sources for economic, financial, and market data. Bloomberg approacbed Anderson Economic
Group to take part in their monthly forecasting survey, wbich provides Bloomberg elient's with
real-time economic data from approximately 50 of the nation's top economic institutions.
Each month, Anderson Economic Group conducts quarterly forecasts of GDP, unemployment,
CPI, 2-year note and 100year nOle federal fund rates. The figures are then provided to Bloomberg
and made available to their clients, including the world's central banks, leading finaneial
institutions, government offiees, corporations, and the media.
.-
Agenda Item No. 10J
June 22, 2004
-,;,.,......~,.,
EXECUTIVE SUMMARY
That the Boar.dapprovt! a Resolution ordering and calling a Referendum Election to be
held November 2,2004, within Collier County, to determine if the electors of Collier
COllnty approve the levy of an additional ad valorem t~not exceeding.IS mill for 10
ytaNand thei$sl,lance of not exceeding $40,000,000 limited taxgeneralohligati(m
bonds, to beiS'Slled in one or more series, payabletherejrOTTt,in order to finance
acquisition lit the land presently Icnown as Canobean Garden$~ together with the
purchase of adjoining land held by the same or related ownership as is necessarjto
complete thetra.nsactiQn, to assure the continued operatUm. oJ the Caribbean Gardens;
pTovidlngf()ran effective date.
. OBJECTIVE: To obtain approval of a Resolution ordering and calling a Referendum
Election to be held November 2, 2004, within Collier County, to dctcm1inc ifthcclcctbrs
of Collier Cop.nty approve the levy of an additional ad valorem tax not exceeding .15 mill
fQt 10 years and the issvartce of not exceeding $40,000,000 litnited tax general obligation
bonds. tQ be issued in one or more series. payable therefrom. in order to finance acquisition
of the land presently known as Caribbean Gardens, together with the pwchase of adjoining
land held by the S<l1ue Or related ownetshipas is necessary to complete the transaction, to
a,ssure the contin:uedopera.t1on of the Caribbean Gardens; providing for an effective date.
. CONSIDERATIONS: Caribbean Gardens has been an important publictecreatiQna}"
cducatiQnal,tnd CCQno:rnic resource in Colliet County fot many years, attracting both
visitors Jromoutside Collier County and residents of .collier County, including countless
school children. The Owners of the property comprising the Caribbean Gardens have
stated their in~nt to se11 the property, along with certain other adjoining. parcels, which sale
will in all substantial probability result in the denrlse of the Caribbean Gardens. The only
way to asstirethat the Caribbean Gardens remains open for the use and enjoyment of the
residents of and visitors to Collier County is fot the County to purchase the underlying real
estate frOm the Owners, together with such other adjoining parcels that may be required as.
parto! the transaction.
FISCAL IMPACT. Adoption of the Resolution will incur a nominal referendum cost .ai
the November General Electiotl. If a referendum is approved by the votetsand
irhplemeiit.edb;rthe Board, ad valorem tax. revenueS would be required to frnancethe
8ener;u oblig",tiQn bonds.
GROWTHMANAGEMENTIMPACT: None,
.RECOMMENDATION:lllat the Board of County CoirtInissioners. approve the attached
R.esolution.
-
Agenda Item No. 10K
June 22, 2004
Page 1 of 7
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10K
That lh~: Board apprO\i!~ a Resoli;tinr. orderi:-:9 <md Gi3Hing a Refr,rendum
EJectinr. te bEl held Nov€:rnbm 2, 2004, w:thir. Collier County, 10 detHrmlr.e if the
electors of Collier County 8pprcve the levy of an additional 8d valorem t3)( not
exceedir.g .15 mill for 10 years and the issuance of r.ot exceedir.g $40,000,000
limited tax genera: obHgation bonds, to be issued in one or more senes. payable
therefrom. in order to finance acquisition of the land presently known as
Caribbean Gardens, together with the purchase of adjoin:ng land he,d by the
same or related owne!"s~;ip as is necessary to complete the transaction. to
assure the continued operation d the Caribbean Gardens; provj(jing for an
effective date. (Mike Smykow;;ki, Director. Office of Management and 8udget)
6i22i2004 9:00:00 AM
Prepared By
Jeff Klatrkow
Cour.t.lI Manag{,lr's omes
Assistant County Attorney
5j': 6!2004 1: 17 :54
PM
Cour.t.lI Attorney om.....t;
Approved By
Jeff Klalzkow
County Mam\gl1r"s Office
AS$ist!Jnt County Attorney
Date
County J\ttl,rr;ey Office
6!15i2()(}4 1:19 PM
Approved By
Pat Lehnhard
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
tf'! 6!2(104 1:43 PM
Approved By
Sus,m Usnllr
County Manager's Office
Senior Mani'!gementfBl.ldget Analyst
Oi'!te
Office of Management 8. Budget
6fHV20Q4 2:00 PM
Approved By
David C. Weigel
County Manager's Office
County Attomey
Date
County Attomey OfficQ
6iH.120042:16 PM
Approved By
Nancy Brndley
County Mana\jler's Office
Legal Secretary
Date
County Attorney Office
5i~612004 2:24 PM
Approved By
Ja:n!!s V. Mudd
Boan:! of County
Commissioners
County Manager
Date
County Manager's Office
6i: 612004 3:49 PM
Agenda Item No, 10K
June 22, 2004
Page 2 of 7
RESOLUTION NO. 2004 - _
A RESOLlITION OF THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF COLUER,
FLORIDA, ORDERING Al~D CALLING A REFERENDUM
ELECTION TO BE HELD ON NOVEMBER 2, 2004, WITHIN
COLLIER COUNTY ,TO DElERMINE IF THE ELECTORS OF
THE COUNTY OF COLLIER, FLORIDA, APPROVE THE
LEVY OF AN ADDITIONAL AD VALOREM TAX NOT
ExCEEDING .15 MILL FOR. 10 YEARS AND TIlE ISSUANCE
OF NOT EXCEEDING $40,000,000 LIMITED TAX GENERAL
OBLIGATION BONDS, TO BE ISSUED IN ONE OR MORE
SERIES, PAYABLE UIEREFROM, IN ORDER TO FINANCE
ACQUIsmON OF THE LAND PRESENTLY KNOWN AS
CARffiBEAN GARDENS, TOGETHER WIDI THE
PURCHASE OF ADJOINING LAND HELD BY THE SAME OR
RELAlED OWNERSHIP AS IS NECESSARY TO COMPLElE
TIIE TRANSAcnOR TO ASSURE THE CONTINUED
OPERATION OF THE CARIBBEAN GARDENS; PROVIDING
FOR AN EFFECfIVE DATE,
WHEREAS, Caribbclill Gardens was first e8tablished in 1919 by the rcnowned botanist
Dr. IJcnry Nchrling, who plantcd.a garden containing 3.000 species of tropiC'dl plants. many of
wh.1chstl11 remain; and
WHEREAS. in 1954, Julius Fleischmann restored the gardens, which hall fallen into
disuse following 1be dealh of Dr. Nehrling, and opened Caribbean Gardens to the public; and
WHEREAS. in 1969. CoL Lawrence and Nancy Jane Tetzlaff, known as Jungle LarryTM
and Safari JaneTM:, having previously visited Caribbean. Gardens seeking a winter- quarters [or
their collection o[ rare animals, began lo eXhibit their animals in the Gardens; and
WHEREAS" Caribbe.an Gardens has been an important public recreational, educational,
and econornictesou.rceill Collier County for many years, attracting both visitors [rom outside
Collier Coul'ityaJld residents of Comer County, including countless schoolchildren; arid
WHEREAS, the Owners of lheproperty comprising the Caribbean Gardens have staled
their intent to sell the pt<Jperty,al<Jngwith certain other adjoining parcels. which sale will in all
substailtialpt~babilitrtesultln the demise of the Caribbean Gatdens; and
WHEREAS, the B()ard ofCoWlty Commissioners finds that it i$ in the public's interest
tbatme(Aribbean G;!.tlleiUi ternainopMj and
WHEREAS. ~g that the Caribbcan Gardens remains open for thc use and
enjoym.entof the residents of and Visit<Jfl\ to Collier County will requi.relhat the O!unty purchase
the underlying teal CSUltc from the Owners, together with such othcr adjoinin~ pan:cl!i that may
~.required as part of the transaction.
page 1 of 5
Agenda Item No.1 OK
June 22,2004
Page 3 of 7
~()W, 'I'HER.EFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COMMlSSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION I. Findings.
11 is fo1Jnd and declared thac
(A) This Resolution is adopted pursuant to applicable provisions of law.
(B) It is desired to ask the clettorsm thc County if they desire the Board of County
Commissioners io authQrize the annuailevy of an additional ad valorem lax. nol exceeding .1,5
nilll for ten years to fund the acquisition of thcpropcrty presently known as the Caribbean
Gardens. for the purpose of ensuring the conlinlU:d existence oJ the Caribbean Gardens, together
with such otherad~~nt propertY owned by the same VI related OWIle,rs of this property whiCh
may be required to co.mplete this transaction, from taxes eollected and on deposit and ftom the
proceeds of !.he iss.uance of short and/or long l.ennindeb1.e<lness authorized herein payable from
the .aforesaidadditioiiaI ad valorem tax.
(C) Theeltpenditurcs authorized serve .aparatnouni public purpose and benefiL
(0) It is in the b~t interest of the CQunty to issue ~ch bonds a... are necessary or
desirable to finance this project a.~ heretofore described.
(E) The recitation... of the preamble are hereby adopted as findings herein.
SECl10N U~ Referendum Election Ordered.
A referendum election be and is hereby ordered to be held in Collier County> Florida. on
November 2, 2Q04, to determine: whether or not th~ levy of an additlon;rlad valorem tax and the
~llanccof funitcd taxgcncr.u obligation bonds for the aforesaid PI1lpQSCS shaD be approved by
the electors of the County.
SI!:CTION fa. ~
Thepolb will be open at thellotingplace~Qll the date of such election from 7:00 a.tn..to
7;00 p.rn, (.)n th~ ~l;.day, All qll~ified (;l1e!,.:1:ors ~silling with1n the County shall l)e entitled-and
pcnn.i~ io vote at such an. cl~t:iQn as hereinafter provided. The rcfCl'endum election shall be
held and cOIiduc!edili the place or 1'1aees prescnoed by law for general elections in1.he COuiily.
The rclerendum clet.:tion shltll be held andeond\]ctcd in lire manner prcsl:ribcdby law for
hOlding general elections in the County, and the CQi.Uily Managet and Supervisor of Elections are
directed to take aU necessary measureg. 10 conduct the election in all manner req uiredby law.
Theretums shall be properly canvassed by the County Canvassing Board to be comprised by law
Agenda Item NO.1 OK
June 22, 2004
Page 4 of 7
Page 2 ofS
and all procedures and requirements of state law and other applicable law shall be complied with
fur the purpose of conducting the computatIDn ofba11ot~ and completion of election procedures.
SECTION IV. Ballots.
ThebaJ!ots to be used in the referendum election shall be on plain white paper, or
otherwise perrtritted electronic forniat,With a written description of the proposed issuan~e of the
bOOds and levy of the tax, and which will provide facilities for qualified electors to vole for or
against the iss\l.llIlce of the Bonds paid for bylhe levy of the .taxas \hey may choose. Voting
equipment shall be u!>'Cu at such rcfcrcniliim. election as the Supervisor of Elections deems
appropriate and as pennilted by law. The question appearing on the ballots to be used in the
referendum ele<-'tiDn slWl be in!il11:>stantially the following form:
BALLOT
ACQUISITION OFCERTAlN LAND, INCLUDING THE LAND
CURRENTLY USED AS CARIBBEAN GARDENS
SHAlL COLLIER COUNTY BE AtJTHORIZED TO ACQUIRE
CERTAIN LAND, INQ.,UDING THE LAND CURREN'TI.Y
USED AS CARIBBEAN GARDENS, FOR THE PDRPOSE OF
ENSURING THE CONTINUED OPERATION Of' THE
CARrnBEAN GARDENS, BY ISSUING BONDS UP TO
FORTY MtLLION' DOLLARS PAYABLE FROM AD
VALOREM TAXES NOT EXCEEDING .15 MD...L FOR A
PERTOD OF TEN (10) YEARS, ANDBEARTNG INTEREST AT
AR.ATE NOT EXCEEDING mE MAXIMUM LEGAL RATE?
YES (FORBONDS)
NO (A(jAINST BONDS)
SECIIONV. AbscnttcV~<
Adequate provision shall be made for absentee voting. BalkJts shall be used suitable fur
absentee v()tingatlht election.. ThefOrtl1ilfballots to be used in the election lbtabsenteev.o!ets
shidl ~ in substanHally th~ form s~ out above and in ag;ordance with the Florida Election CQde.
SEcTION V~ Resuhs<lfElection.
Returti.sof the votes cast at the election lihaU he made to and cilrlva.~sed by the
Canvassing Board and the Canvassing Board sha\l4eclare the results and certify the same to the
CQuntyManager to. be recorded in the minutes aCthe County. If a majority of the yQtes cast at
sucb election in respect to the levy of the tax and issuance of the bonds shall be '''YES'' (pot
Agenda Item No.1 OK
June 22, 2004
Page 5 of 7
Page 3 ()f5
"Bonds), ~;uch bond iSSUlUlCC. shall be approved, anu bonds shall be issued by the County pursuant
to the term~ and provisions ofawlicable law. ordinance~, or resolutions. Regardless of the
results of the election. the Supervisor of Elections h hereby directed 10 submit such rc~>'Ults tathe
Department of State pun;uant to Section l()O.:)51, Florida Statutes.
SECTION VII. PUbliclltiutJ. ofResoluMn and. Notice.
At least 3OdllYS' notice ()ftht:: election shall be published in the Naples Dirily NCWll, or
lUly other newspaper of gener:u circulation within the County, at least twice, once in the fifth
week lUld once in the third week prior to the weck in which the clection is held, in the manner
provi4ed 1n Section 100.342, Florida Statutes.
ThenoticeQfelection shall he in subsiantiully the fl.)llowing fonn:
NOTICE OF TAX AND BOND REFERENDUM
COUNTY OF COLLlER. .FLORIDA,
ON NOVEMBER. 2, 2004
NOTICE IS HEREBY GIVEN TIIAT A CQUNTY OF COLLIER.
FLORIDA, TAX AND BOND REFERENDUM will be held on the 2ml
day of November, 2004. in the County of Collier, Florida, fot the
putposeof dete1lllining whether or not an additional ad valorem tax nDt
exceeding .15 mill shall be levied annually f()r ten (1 0) years andlimhed
tax general obligatiunhonds of the CouolyisS\led in one ormorc: series,
payable thetefrotn. shall be :i$1iued in the aggregate principal amount of
not exceeding $40,000.000; bearing interest, payable at such intetefit fate
or rates not exceeding the maximum tate permitted by law and
rcdccIDll.blc as sh~ .1>9 detcmllned a.t or before the time of ~e thcI'CQf,
maturing over aperkld, of not to exceed ten years from. the date of the
bQnQs; to nnancc the llcquisitiQnof certain land, including the land
curreiitly used as the Caribbean Gardens, fat the purpose of ensuring the
continued operation oflh.e Caribbean Gardens.
Th~ Wlls will be Q~attli; Wting pIaCC!l on the: 4atc of referendum
election at 7~OQ a.m. to 7:00p.m. <lll. the same day, all as provided in
ResolutiOn No. 2004..._, adopted by lh.e Board of County
ComtniSSiOllcrs of Collier. .Florida un JutlC 12,2004, which is- a matter of
public rc~ool.
All qualified electors residing within the County of Collier slulllbe
entitlei,l, qulilificd and. pc:nni:itcd to vote .at such election.
TheConnty of CoUier,Florida
b<:mna Fillla, Chairman
B9ard ()f C(1UDty Commissi~rs
SECTION vm. .Effective Datt.
This Resolution shall go into effeet immediately upon Its passage and adoption.
TIllS RESOLUTION ADOPTED .after motion, lIecond, and majority vo.te favoring $ame.
this 22nddayofJune. 2004.
Page 4 of5
Agenda Item No.1 OK
June 22, 2004
Page 6 of 7
'-~'7" ';....~~"~.~.~:, ~~'-'~""'" ~..--".'ff ....,........'~.. ,.......
h 4i~,,- .~.:"-\":~
--
EXECUTIVESU~ARY
Recommendation that the Community Redevelopment Agency (CRA) approve the use of
tax increment funds (TIF) to assist with the establishment of a Florida State University
School of Medicine rural health training center in Immokalee, based on a determination of
the expenditure being consistent with the Immokalee CRA Area's Redevelopment Plan.
OBJECTIVE: Recommendation that the Community Redevelopment Agency (CRA) approve
the use of tax increment financing (TIF) funds to assist with the establishment of a Florida State
University School of Medicine rural health training center in lmmokalee, based on a
determination of the expenditure being consistent with the lmmokalee eRA Area's
Redevelopment Plan.
-
CONSIDERATIONS: On June 16,2004, the lmmokalcc Local Redevclopment Advisory Board
will meet to recommend that the CRA utilize TIP funds to assist with the establishment of a
Florida State University School of Medicine rural health training center in Immokalee, based on
a determination of the expenditure being consistent with the lmmokalee CRA Area's
Redevelopment Plan. (To expedite the process, this executive summary was prepared prior to
the scheduled June 16 Advisory Board meeting. As such, the results of the Advisory Board
meeting will be provided as an update to the Board.) The facility will be used to train nurses,
social workers and other healthcare professionals who will, in turn, provide medical services to
the Immokalee community. The total cost for this project is estimated to be between $1.3-1.5
million, most of which will be borne by thc univcrsity and privatc donors. Thc funds requested
from the CRA, however, will be used for acquisition costs associated with the purchase of an
unused 32,000 square-foot building in lmmokalee currently owned by Naples Hospital.
FISCAL IMPACf: CRA redevelopment efforts are partially funded through Tax Increment
Financing (TIF). Hence, the incremental difference in tax revenues between the original frozen
assessment value in the Redevelopment Area, established in 1999, and the new higher assessed
value is used to finance redevelopment efforts in the redevelopment area. The lmmokalee Local
Redevelopment Advisory Board recommends that accrued tax increments currently held in the
reserve fund be used for this project.
CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN:
The establishment of a rural health training center will implement several objectives of the
adopted Redevelopment Plan. According to Section 4.4 of the Plan (Community Objectives),
economic development in the area will "expand research opportunities in the health care
industry; nurture entrepreneurial business development and retention; and increase small-
business startups and expansions. "
-
GROWTH MANAGEMENT IMPACf: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, and may eonsider alternative land use plans, modifications to development
standards, and incenti ves to encourage redevelopment.
Agenda Item No. 10L
June 22, 2004
Page 1 of~S
ADVISORY BOARD RECOMMENDATION: As stated above, the Irnmokalee Local
Redevelopment Advisory Board will meet on June 16, 2004 to recommend that the CRA
approve the use of tax increment funds to assist with the establishment of the rural health training
center. The results of the Advisory Board meeting will be provided as an update to the
Commissioners on June 17th, the day after the advisory board meeting, and also verbally at the
BCe meeting.
STAFF RECOMMENDATION: That the CRA approve the use of tax increment funds to assist
with the establishment of a Florida State University (FSU) School of Medicine rural health
training center in Immokalee, based on a determination of the expenditure being consistent with
the Immokalee CRA Area's Redevelopment Plan.
Agenda Item No. 10L
June 22, 2004
Page 2 o~g
"em Number
"em Summary
Meeting Oat.
COLLIER COUNTY
BOARD 0;: COUNTY COMMISSiONERS
l(lL
Tho: Beard of C:.ljr.fy Comm:ss:oners siftirPJ as 1h.~ Comer Co:..:r.t'l'" c.:.mm~r:;!y
Fi.tK1o\'s!;.'lpm9:1t Ag~q\.)'. f~9('"";''l::''roor.datjn:'1 that. th9 Gnmmu:.Uy f~9devf.j!cpn~nt
/'",g(.m./ (eRA) a;::.prove thi. use .:.f tax ;p.creme~!t fu~d$ (T;F) ~o flS5!st "..,,"ith !~~e
es~;:;,b:ishmen: r;f ;t F:o:-:t;a Stn!a Un:vw~;~j St~hno! (.If MeCk~~t! :\.l:c.: hea::h
train;ng o.:4n1EY :n ;mmOKi=!ee. bast.'C on Cl determ:nc:dkF"! of -:he '3:<per..:I~tu:"e be!r~g
r;....,r,s;stt~l)t \\'i~h the Im::ioka:fjf;; GRA .4.rfja's. Fted~v9!t'lpir~:1t P:8i; (.Joe BC.I)::.itt.
A:J:nI'!lst,ato,. CC!TI,r!un:ly D"ve:owr.enij
612Z12004 9:('.{):00 A!J.
Prepared By
Jo:-:::..oov;d M~$:S
Cumm~~lty DC5vt'):<.lp~t>:':t &.
fj"o'..th"onm;.nt!'; $$fvJ.en
S.nto:- S-:anne:-
6!1"l:2ilC.' ':?'3~:'IS
N14
C.>mprsh(.ns:r".., P:37.;,.lng
~2:t~
Approved By
~......dan .J. Coh(.~
C"mm,ml!y (;8',;",,,p,,,,,r:t &
::n.....:icr.:n~:mtq.: .s~rvl.;;F)$
Ccm!!!:u::;ty P;~:ml~a znd
RCJ<!e),!w;"p'm(d!'!!: Maf!agar
C(;mpr'!oholl'!::"~~ ;);':'.m::ln~
t!11t2~C41:17 !)~A
O;;.f.l.}
Approved By
Sa.ndt":- 1.1:3
Co:;:mt:nl~y C".....e:opmQi..t &.
Er.0.''''''''''I)12' S..r,;lc...
EXs(.utlv(. s,.)Cmt:-;-y
Ccm::;un-;ty Dwwl,,?m'!ont..\
r:n'"lronm~r.t;J; S~n;:c2$ ,'Vsm::!.
0!111~~(:4 2:(:3 ;>M
Approved By
r.cm>'r~h",,~'''s P'~""lng D'Ne,c,
D?.tR
St.>n Ut~:ng1:r
';omm:;:;~ O"',;"'..p,,,,,r:t &
E!'!"lI::O~:Mt"tta.: Storvk.'"ttS
Ccm~rf~h~n~;\'(d P;a;'O::irIS
M.j,'2~C4 3:14 AM
Cf')n~ncl!t A. J~hn$cll
Oote
Approved By
Comm~~fty D""Y~:cp~..,nt &.
E:;"!ro!'!!rl~:m~; 8srvlof"I:lS
OpOl"l1t!c:n.s A.."'\ilJ!~;st
C.,m:::u!'!;t)I Dawlo;Hflll}nt ..!.:
Envtrcm~~:;t.3; S"':Y:CIl}S Adm!~.
6!1I.l2i!C4 'Z'Q1 PM
Approved By
J"'''j>h ;.;, Sch"..1tt
Cnmm,mlty r....."Ili"p"'''r:t &
Env::-or.manta: SM"A.;;ee:
CcmM""itol :'""sl(oi>m.nt "
Envlrt>n:::fcIf!W Sfcl!v.;~8~ Adm:::~t!~I'
:::::ttl!t
Commur.:t:y o.-'JQlopmvnt tV
Envfmnmf.)nbJ $&:v:cV!t Adm:i1.
$J1";:2~C4 12:52 ftM
Approved By
Senior P~ann'n
~:-t).)
..'(tt~~..o.)v:d Mos."
Comm~~I~y D.y.:opment &.
E~~!o~mvnta~ S&rvl~_
Co)mprahtollS:W P:3!!relnv
"'14'~~{:4 J:n ;>M
P:ot !.8hr."~<d
Da!1t
Approved By
Co;.;r.ly !/laMS"". om".
4l!m'"I.tr3tl."" .....l~nt
om". m lJI"Mq..m..nt & Elud;:;1iI!
;;r14i~CM 3:4': P,""
Mark :g::l(;kscn
e::d!)<>t J>n2Iy"'t
02tO
Approved By
C(l;.;r.ly Mil""!),,.... om.....
Office. "f M.,na!)e.m.nt & audg">
f:.i1!X"2~m4 '!u:4~ NA
!die!>..$! S",yic(f..",~J
:JS.:'flI
Approved By
C(l;.;r.ly M~n3g<>"" omce,
Ma::~~tl:::fcI!'!t & S\!dg&t O:rflld.,r
Office. I)f M.,na!)e.m.nt & audg,,>
f,sl!l1'2Cf:4 7:~5 PI,!
<<",-
Approved By
County Ihn_li"f
tJ.:s.:.s.
Jam~$ 'I. Mu;;c:
:ll>.,rrl of Co<mty
CD:'r.m~sk."'f):rs
County "'..n-li"'" Off:""
trlflfJilC4 9:~..4 AM
Agenda Item No. 10L
June 22, 2004
~~
~<l 30.65
.'
EXECUTIVE SUMMARY ADDENDUM
Recommendation that the Community Redevelopment Agency (CRA) approve the use of
tax increment funds (TIF) to assist with the establishment of a Florida State University
School of Medicine rural health training center in Immokalee, based on a determination of
the expenditure being consistent with the Immokalee CRA Area's Redevelopment Plan.
To ensure that this item made the June 22 eRA agenda. the Executive Summary was prepared
prior to the emergency June 16 Advisory Board meeting called to address this issue, with the
condition that the results of the meeting would be provided to the CRA Board afterwards. This
document, an addendum to the Executive Summary, is intended to provide the CRA Board with
the results of that meeting.
On June 16, 2004, the Immokalee Local Redevelopment Advisory Board ("Advisory Board")
met to consider whether the CRA should utilize TIP funds to assist with the establishment of a
Florida State University School of Medicine rural health training center in Immokalee, based on
a determination of the expenditure being consistent with the Immokalee CRA Area's
Redevelopment Plan.
Based on the presentation given to the Advisory Board on June 16 by Mr. Richard Aken, CEO of
Collier Health Services, Ine. (a partner with FSU's School of Medicine) the initial costs
associated with establishing the training facility in Immokalee will include the following:
. Appraisal (required by the Florida State University system);
environmental impaet study; and building inspection
. Building renovations (classroom eonstruction; parking lot
reconditioning; upgrading HV AC systems; and retrofitting other medical
spaces to aecommodate teaching)
. VehicJe to transport staff and students
. Equipment and furnishings (eomputers, audio, desks and a chairs)
$35,000
Total
$200,000
$35,000
$100.000
$370,000
As shown above, none of the costs include the actual purchase of the 32,000 square-foot Naples
Community Hospital building (as previously stated in the Executive Summary). Instead, Naples
Community Hospital has agreed to donate the building to FSU, provided that it remains a
medical training facility and allows the hospital to operate a rehabilitation/physical therapy clinic
out of one of its offices free-of-charge.
In light of the approximately $291,524 held in the Immokalee Redevelopment Area's reserve
fund and the eosts associated with establishing the medieal training facility, the Advisory Board
has recommended the approval of $250,000 towards the above eosts to attract FSU's medical
training facility, contingent upon FSU's commitment to establish the facility in lmmokalee. The
Advisory Board believes this expenditure to be eonsistent with the Immokalee CRA Area's
Redevelopment Plan, according to Section 4.4 of the Plan entitled "Community Objectives," and
IOL
~JL~5
with Chapter 163, Florida Statutes. However, staff along with the County Attorney's offiee will
have to review the legality of the specific expenditures upon receipt of further information from
Richard Aken. The rationale for this additional review is to ensure that the specific expenditure is
consistent with the Collier County Community Redevelopment Plan and Chapter 163, Florida
Statutes. At this point in time, approval by the CRA should only be construed as "conceptual" in
nature and look to final approval of a dollar amount not to exceed $250,000. Onee Mr. Aken
identifies specifie expenditures, staff along with the County Attorney's office will review these
expenditures to ensure compliance with the Redevelopment Plan and Chapter 163, Florida
Statutes. Subsequent to this review, the specifie expenditures recommended for final approval
will be submitted to the eRA for consideration.
IDL
p~ t.- S o-f>. 5
..-
EXECUTIVE SUMMARY
Request for the Board of County Cmnmissit>ners to Approve the Acceptance of Donated
Funds for the Ochopee Area Fire Control and Emergency Medical Care Special Taxing
District from the Volunteer's Acc()Ullt.
()BJECTIVE:T.l).e County Attorney's Office is requesting the Collier County Board of County
CoIlUliissloners to approve the acceptance of theremai:hing donated funds from the unauthorized
:account audited by the County's IndependeTlt Certified Public Accountant Orl June 2, 2004,
(hereinafter '''Audit Report"), and approve the amendment. of the budget of the Ochopee Area
Fire Control & Em<<gencyMedical Care Special Taxing District. (hereinafter "Fire District"), to
accotl11tf'Of the~e ftmds.
CONSIDERATIONS: The Fire District accepted donated funds. and deposited them into. a
chocking accounlat the Bank of America. The account is in the na:rnc of aprlvatc group called
the "Ochopee Fire Control District VOlunteers~l. The records of the account were delivered to
the Clerk of Court$ after inquiry. According to the Audit Report~ (attached hereto as E,rnibit
UA"), donations:made payable to the Distrl<...t are public funds, however. the fundsin the account
were hot immediately delivered to the Clerk but were properlya.ccounted for. in other respects.
NOlnoney appeared to be misapplied .ot missirt~,
.- A lawsuit initiated by the Clerk of Courts pertaining to these funds was recently dismissed as to
the C()unty. No official action bas ~ent@:en pertaining tathe eXistenCe of the checking
account by the Boatd of COUhty Cotntnissioners,although the account has been closed and all
funds delivered to the Clerk of Courts.
The County should follow the dictates of Florida Statutes, Section 129,06(2)(d)and properly
account fo.ribe appropriation an4 ex~ndi.tUteof the funds. thl!,t were r~tnaining in the account.
These funds should be added to the budget of the Piredistrict. A photocopy of the check
reflecting the antountof these funds and the correspondence. delivering the funds to. the Clerk is
attached.hereto as Composite. Exhibit "n".
FISCAL IMPACT: .~~~. in the amount of $1.423.62 wjllgo int.o the .Fire District
:account
GROWTH MANAGEMENT IMPACT: .None.
~(;(:)l\:Il\t~P~TI()N'; The CQlIi~r CQ~ty .Board of County Commis$ioner$llpprove the
acceptance of th.ese donated funds and: autho.rize an appropriate budget atnetl4rnent to the Fire
District~
-
Agenda Item No. 10M
June 22, 2004
Page 1 of 14
Item Number
Item Summary
Meeting Date
Approved By
David C. Weigel
County Manager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10M
Request for tile Board of County Commissioners to Approve the Acceptance of
Donated Funds for the Ochopee Area Fire Control and Emergency Medical
Care"Special Taxing District from the Volunteer's Account. (Dan Summers,
Director, Emergency Management)
6/22/2004 9:00:00 AM
County Attorney
Date
County Attorney Office
6/16/20045:15 PM
Approved By
Susan Usher
County Manager's Office
Senior ManagementiBudget Analyst
Date
Office of Management & Budget
6/16/2004 5:28 PM
A pproved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/16/2004 5:32 PM
Agenda Item No.1 OM
June 22, 2004
Page 2 of 14
.~- ~ .':~ ... ~
aent~~; NARK CURTIS;
(
239 455 2235 j
JUn-2.04 3:04PU;
(
pags 2/6
Mark CUrtls, O'A
2280 Santa Barbara Blvd. Unit B
Naples, R. 34116
FaX: 239 455 4172
Tel: 239 455 2235
June 2, 2004
Board d County Comml5sloners
comer QQlty
3301 Tamlaml Trd East Bldg. G
Naples, Fl34112
1 have analyzed the actMly In Bank of America accourt I11Jfliw '93417519 for me per10d
January 1, 2000 to MIy 15, 2004 In accordanca with my engagement IettIr cI8ted April 23,
2004. The aa::ount Is In the name Ochopee fO) Volu/lt8erS.
Background
The acmunt was opened k1 February, 1983, SO the ana.... does not arJf!I the entire pestod
that the account has edsbsd. The OpenIng baIanc2 as of January 1, 2000 was $2,323.96, and
the dosing balance as of May 15, 2004 was $1,439.04.
Baed upon the flies and dIsc1JssIons In Ochopee, volunteers have long been a strong
parUdplnt In the fire Oq.r;kb.leIlt: actMLy end lit one time lNeI'lS the sole SO\,II"CII cI ftre
prevendon In the area. In later years; the volu'\teerS h2rYe 5eMld 85 a support suc:e for
Ochopee FIre Department: personnel; The mahInance d the account has reportBdly been
used primarily to fund the actMtles of the voIl1'\b!1ers.
SPedaI ~
On FebNary 19, 2()02 check number 5807 from Everglades DeYeIopment Group UC (copy
attKhed as Attaclment 1) Mal ~ Into the ac:aUlt. I uncier'Q1d this ftlem has been the
subJed: d some dlscusrlon. on FebnJary 18, 2004 check runber 1266 was drawn on the
account In the same amount. payaIlIe to Ochopee Are ContJoI D1str1ct. At no ttne between
these two dates did the balance In the ac:comtfall below $21,000. .
taomrl
The purpose rI rnyanalys1s was to perform II complete rec:oncUIaUon cf the actMlV In the
account An addlUonaI aJmpCnent of my anaIyslswas to atII!mpt tD cletenntne the donors'
rntBntiOnS conc:ernhg the deposb IntD the aa:ount III1d whether the cfstrtbltJon of the f\.nds
met thoselntMtlonS.
My acmuntIng Induded~
1. A recondlJaUonor the aa::aunt. ~ records rniIde avaIebIe to me were detailed, and 1
was abh~ fX11dentffy aI of the adMly In the ac:coUnt for the per10d analyzed. 'There were
~ itI!Irns deposited 1Dt3lq PU84.87 and 99 cIIs:I:llI'seme Items totaftng $35,769.79 .
Agenda Item No.1 OM
June 22, 2004
Page 3 of 14
,-
Tel: 239 455 2235
Mark CUrtIs, CPA
2280 Santa Barbara BM:I. unit B
Naples, FL 34116
(
(
Fax: 239 45S 4172
in the reconclBatJon. Net rA the Sped" Item mentioned above, the deposltl went
$13.884.87 and the clsbura.mentt $14,789.79, resulting in an excea of cliabur1ementa
averdepotlta r:I $884.92.
Balan~ as d January 1, 2ODO
DeposIts
0lsbursernen13
BaJance as or May 15, 2004
$~323.96
34,884.87
-35,769.79
$1,439.04
2. Gaining an under.;bmdng of the actMI:Ies gJvlng rise to dejMIts to and d1sbul sements
from thelCCOUllt In order to dassIl\' each IransadIon In the acmurit. MV protBdures
Included analysis. fA ttle tnes held It the Rre Station, tests d physical existence d
assets, timing d deposits and cbb\nements of funds, communlc:adon wIIh Vam,
Donors, empIovees and volunteers r:I the Are Olstrtct. .
Most rI the corroborative Information was provfded by the dOa.nnents held at the AnI
StatIon and Induded:
.) copies or. donor mecks
b) depasittlckets
c) Iette1s trom donors
cI) Inwlces
e) bank statements with bank reconclliatlons .
f) copies of minutes and the agendas or the Ochopee fire Control DIstrIct morithJv
meetfngs
1 understand that monthIv reports were delivered to the monthly meetings r:t the
Ochopee Fire Contn:lI 0Istrlct AdvIsary Board meetings, and 1 have seen 5lMnI. I c1d
not InYentDry the reports nor CXIlTlpare them with actull account actMty. .
3. SUmmarizing the ac::tMty In the acx:o\l'1t. Attachment 2 pn:Mdes II summary of the .
adIYly In the account Into matertaI categories.. I hive daIsIfted deposit ac:tMty1S
-rnmme- end dfsbursement actMty as "sfper1SeS. - Wfthln the hcDme ~ '11 have .
indicated Where Items oouId be spedftcalty deslgllIIted 1510 the Intant d the donor
based upon the downentatJon 1YIl1.... lJndesignatled Income Is Jicted by source
where posstH.
Am:Iunt AdMtIes
.Atblchment 2 provldes .' summary d ac:cotI'1t KtIYIty fM!K the period. FoIIow!ng Ire amnents
on adMUes beyond comments about the SpedaI1tem ~ those In the notes to AttadIment 2.
Letter to: .
Board ~ COUnty Commissioners
CoOler County, Rorlda
Dated:
June 2, 2004
Page 2
Agenda Item No.1 OM
June 22, 2004
Page 4 of 14
Ben! ~y~ TWlK' CURTIS;'
239 455 2235 ;
Jun-a-04 3:04P~j
(
Page 4/6
Mark Curtis, CPA
2280 Santa Barbara Blvd. Untt B
Naples, R. 34116 .
Tel: 239 455 2235
Fax: 239 455 41n
PI1mariIy, the account has been used to fund:
ill) The annual Halloween party held etthe ~lBdes Community Center.
(Pwfod Incarne: $2.,595.00 - deslgnated Income;
Perfod expenses: $3,006.33)
b} The purthaiSe cfwh.l1teer I.IlIforms (caps, l-shlrts, emblems, gfa-Jes).
(PerIod \ncxmte: $S86.DO - from ales;
PerIod expenses: $2,875.91)
c) The purchase cf fire ftghtlng gear pI1rnar1ly for volunteers (radios, brush nre
fighting gear, ..s ftre house software).
(Period Income: $6,335.00 - deslgnm.llneome;
Pl!I1od expenses: $8,093.35)
These ~ 94.6% d period expenses.
one 5Ignlftcant donor has been "EwIrgIades Area AlDdIIaJy fire, Inc:." contributing a txltlIl cf
$6.335.00 fMr the per1od. The donIItfons reponsdly were made ... con~ with
coopenIttve ftmdraismg actIvtdes and dIsbunements Were for designated lBrgtHfollar It2rns.
Induded In these Is a ~ $2,DOO cash donation mlldllln 2003; $2,000 was disbursed IS
partial pII)'m6It tor the purthasI d fire actMty sortware and support Itnn1IldIItdy thei'eafter.
In every caSe where 1ncame was "desJgl"iIted" there appears to be ill retsted disbu'sement d
funds appropriate to the \rUnt r# the donor. .
Please note: Attachment 2 and Its footnotes are an 1ntegral part of this report.
. Very buJy yours,
~~
Attachments
LeIter to:
Board or CountyCOmmJssloners
Co1tJel' County, Rorida
Dated:
June 2, 2004
Page 3
Agenda Item No.1 OM
June 22, 2004
Page 5 of 14
Sen~ py: ~K CURTIS;
(
239 455 2235
Jun-2-04 3:04PM;
(
Peg. 5/6
,-
Attachment 1
~'
'HI,a~
~.
~d
l
'S i
1-- ~
!! ~
;.
.
15
lit
I-
Z
;
q ...
~ i ,.
:I 1tl.1" . c.1
~I
8~
!'
!
~:,.
a Iii 1.1 10 . I I;i
....
! .
.I~ ... .~a .:. .~~ 'i~ $
Of _ ._..~
","
~ ; I.
1:51.051:10.0&1: OOOO'Ult 1.15 I.q...
Agenda Item NO.1 OM
June 22, 2004
Page 6 of 14
Sent By:.IWlK CURTIS; ( 239 455 2235 j Jun-2-04 3:05PM; Page 6/6
.. ~ . . . . "o.:":;':---:t:;. (
~U Ochopee FeD VOIunt8m 8anIl a\lMrb
Deposits and DlsburaemMta lie , ~1761t
January 1, 2DOO through MIIy 15, 2004
T"
y- ,,- v_ ..,.. .', 'M- ....,. 'OD -
2OlIO .,. aDI ZlID3 Ibw' 11. .. ..., '" ..
--
~~
. ~,..,.,~ l5e8.110 AGJID 710.00 740.00 2,5811.110
I ....... ..... """'*'r Ph, IDe. 4,__ .-'110
I I.. _'I~""'~""1Ic. 2,ODD.110 a.ooa.oo
.............--
. ......~ 300.. Tlllt.ot ..- eo.llCl 1.41110O
I ... fFJ- MI& U36.oo 1....00
I CaIIIt...... _ IlIIt 131U1O "DO 2111.00 161.00 .7.00
.. wi c.,.. ........ T.. atIIrt 3.00 ..Ill 32tl.OO MI.lIO
. U....l.... '- 110.41 8.42 11U1'
1 ......... ~w""," Olea, LLC I111<<J,.OD 21.DOO.IIO
7 ....... Don I' . I QnqI UC ~ .IlOO,OIl) (21.1lClO.C1O)
T.... __ ".00 ,.-AS 12.1lQAZ 2,101S.D11 (21,lJ011.llO) 11......11
e.,-e
. IIIIIDwH IWIN 63ll.lli 151.71 IllU1 781.n 3,000. ~
z .... o.r 2,OCl&.IlO 2.ClQ5.OO
2 c.-JtJd_~ S,m.110 nus 2fIIl.!O 4,1&35
S ....-. 2.OCIO.lICI 2,DIIO.oo
. ....... ..... AIle" 12ll.44 71. 11 2115.17
, v_ ..........."" 40.110 alii 4lI.00 1~.ao
.,...... CIpe, ....... -- 111.00 1.014"7 5441.- !.8,I..
~TN'" t'I.2ll 7Z6.to J42.lIO tplll.05
c-. eo.oo ao.GO tD.1IO
....... CbIrgM . 101.51 14IAO 34.12 11.70 ~ :m._
.,.... I . A....~ te3.4 1'-. I,301AIl 3,1IllI.3B 7I.lIlI ~.78I.n
tW....~ IILIIt ..... ......, ~'~ D1MUIt ~
1 ___,.,..-. ohKb .........., .. ....... ... -- ...... ..... .III.~-' . ~ ea..n.., ""'*' b
..... ....,1. .,....,.. __ .. ........... In 1 ~ rts l.pIr. __
Z Two lMl:b from a-.... ""....., 'n 111 3IlOt ...................... cJotIw.... .........--. riI
-"'I .A I" _.... UBI. __/lit. ~.......... ..,.....'HI'1 - fIlIIdl1lllMlS...........
s c.II......~.. lb...... ,.... ~.......... FIr-'-......,. pIINI-- ........... .
..........IUIIL ....---".. ___ -.............
4,.................~.........IacIIIL. .. lUQ I ~ ........". " ~_,,-,1If
...... ~. --r .... ................ Ill, ................--........,......
. ...... fly...,........... 1M 011........ c.a""...... cee............... crt...... ... WI.
. ......, . IUD ....... lID .".., ........ .... ...................-.. tIIpOIIL ... -- 11_.......
........................................ ........,... "-"""1Ol'''''''''' ,.......
....... ... .... .......... 0IlMlIl.,...... ClIDlpalIr.
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I .............. ........
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Agenda Item No.1 OM
June 22, 2004
Page 7 of 14
(
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'<I
COLLIER COUNTY
DAVID C. WEIGEL
CCUII!i COtlmY ATTaJ.NBT
3301 Tamiaml Trail East
NapleJ, Florida 34112-4902
Te1epMDe: (239) 774-8400
FAX: (239) 774-0225
Vw Facsimile Transmission and U.s. Mail
June I, 2004
Heidi P. Asblxla
leaif... A. Belpedla
EIb T. Chadwdl
Jctm:, A. 'K1aIzkcw
W&lli1lED B. MOUDtfad
1baalas C Pa!.a>oir
MiI::bot:I W. P.mt
I.....,.m.. W. HlIbbBnI
Marjorie M. SlDdc:nt
Scott Teach
Palrict O. Wbibo
Robat N. Zadw:y
Anthony P. Pires, Jr. Esquire
woodWard, Pires & Lombanlo, P.A
3200 Tamiami Trail N., Suite 200
Naples. Florida 34103
Re: Dwi2ht E. Brock v . Board of County Commissioners. et al.
Case NllJDbez 04-941-CA
Receipt or County Funds
Dear Mr. Pires:
The attached letter was transmitted to the Cletk of Cowts simultaneously with this
lXJJ"RSpondence in his capacity as ex officio member of the Collier County BOard of County
Commissioners.
Sincerely,
ffi~~c.-\~~~
r uelihe W. Hubbard
sistant County Attorney
Enclosures
ce: Dayjd C. Weigel. County Attorney
Dan SUIDIDCf'S, DUector-Emc:rgc:IJCy Management
~ Vqqucz, Esquire
Yale T. Freeuwa
Agenda Item No.1 OM
June 22, 2004
Page 8 of 14
(
(
(f)
COLLIER COUNTY
DAVID C. WEIGEL
a:lIlJEIl 0JIlNTY A~
VUJ Hand Delivery
June I, 2004
Heidi P. Asblal
Jezmifer A. Belpc:dio
BIlalT. Q>ad-n
JdUey A. 1Oat:zh>w
WiIbn B. MoanIfMI
'Jbomas C. Palma
M"1Cbo<! W. Peuit
JIaJ1ldiu w. Habbanl
Mmjoie M. 9liodc:Dl
SeoU T08d>
PalrIdi: G. WIliIa
Rob<rtN. Za::hary
3301 TBITIIamI Trail East
Naples. FIOOda 34112-4902
TelepboDe: (239) 774-3400
FAX: (239)774-0225
Dwight E. Brock
Clede of Cowts
Collier County Courthouse
3301 Tamiami Trail East
Naples, Florida 34112
Re: Dwilzht E. Brock v. Board of Count\' Cnmmissioners. et al.
ease Number 04-941-CA
Receipt of County Funds
Dear Mr. Brock:
Earlier today, I briefly spoke to Mr. Jim Mitchell in his capacity as Finance Director, requesting
your office accept, for safekeeping, a cashier's check from the Bank of America in the amount of
$1,423.62. Thus far, we have not received a response to our request. 'This amOWlt is the
remaining balance ~f the acCOlDlt in question in Dwi2ht Eo Brock v. Board of County
r.t\mmillUoners. et aI. CiJ:cuit Civil Case Number 04-941-CA. AB has been done in the past. it is
requested that this sum be held by your office pending acceptance of these funds by the Collier
CoUDty Board of County Commissioners. It is expected that this matter will be presented to the
Board of County Commissioners on the June 22, 2004 Commission meeting.
The check was delivered to our office this afternoon. A photocopy of the check is attached.
Please advise regarding how your office wishes US to handle this check. We have temporarily
placed the check in a lock box, but desire safer accommodations.
Thank you for your anticipated cooperation in this matter.
~Sin~~~~ ~bb~
1 line W. Hubbard
.' County Attorney .
cc: David C. Weigel, County AtID11ICY
Dan SunDncn.:Dirllcm' ~ Mamgcment
Eric Vasquez. Esquire
Yale T. Freeman
ADtbany P. Pttes, Jr. Esquire
Agenda Item No. 10M
June 22, 2004
Page 9 of 14
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(
UfACE OF !"HE
.GOLiNlY ATTORNEY
,....4
zauUUN-1 PH ~l 03
""'~'..,.4'"""y.
BankofAmeri~ ~-
No.3555034
I~:J 5550 :llert: ~ ~ t.oooo ..,.: 00.1;1., .00 to 5 a.ua
",,-....
Agenda Item No. 10M
June 22, 2004
Page 10 of 14
~JUH .01 2004 2:24PM
HPLASERJET 3200
(.
p.2
YALE T. FREEMAN
. . -/sturMY ", UW .
June 1. ~004
VIA FACSfMILE: (239) 774-0225
Jlicquellne. Williams Hubbard
. Assistant COunty Atlomey
Collier County
3301 Tamiami Trail East
Naples, Fl 34112
Re: DwIght E. Brock v. Board of County Commlssloners. et a1..
Case N.umber 04-941-CA (Ochopee Fire District)
Dear Jacqueline:
In aCCQrdance with our COI'Qmunlcatlon this morning, Linda SWIsher went
to Sank of Amertca, closed the account and obtained Check #3555034 payable
to the Board of County Commissioners. She then came to my office to give me a
copy of the c:;hecl<. Dsn sumners haS also Instructed her to bring the. cheek to his
office at Em.ergency Management. Unda Is on her way.
VTFfmm
. Attachment'
. Cc David C. Weigel. Coun1)' Attorney
ThOn:-1 Baratta. Legal Assistant
ErIc Valquez. Esq.
1Ifirm4".~~""""
NAP L 1 $ ~ ~.5J0.2S00 Fa m.S30-f400 :m5 s-ra.d c- N.pIor. FIorido 34m
.......- _._"",,- __'" ---..-.-.... ...... _.~..-....,
Agenda Item No. 10M
June 22, 2004
Page 11 of 14
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DAVID C. WEIGEL
COWEll (X)UIfrY AJT(JlNlr/
RECEIPT
Heidi P. A3hIcD
J...,w.. A. Bolpedio
BlkaT.Cbadwdl .
JefIiey A. K1atztow
William E. MCUlltfooI
'IbaIIlaI C Palmer
MicbacI W. Ptttir
JacqudInc W. Hobbord
Masjaie M. Studcat
ScOUTeadl
PaIrick G. Wbiae
Rcben N. Z2.chor}
3301 Tamiami TniJ EaJt
Naples. Florida 34112-4902
Teiepbone: (239) n4-8400
FAX: (239) 774-0225
Re: Dwi2ht E. Brock v. Board or County Commissioners. et at.
Case Number 04-941-CA
I have received a check delivered by the County Attorney's office in the amount of
!l.423.62.00in~ve-referencedZ~. ing
':::Bo r ~ti \r"-~\r .&,f?/a1
Name-Printed. gnature Date
Agenda Item No.1 OM
June 22, 2004
Page 13 of 14
C&.\IG It. WOOD'lVAW.
HAliK]. Wc)OOW'JlID
AHTHOtIT P. Pws,JL.
J. OIU'J'Cttl!Jl LoNa.wlo
5'I'IvRf V. BLouHr
CAuI& E. L\DDIiIH
CYHrtuAJ. HU8I.Wl
BuKr L SAuI'ID!U
OPCo_
. lJoonI CaIIlled IIIoIIomo
~
. ~ Cad&od CIIJI CauaIy
oa4L.oa1~
'-TI
~ 'llamWni 'Ibi1 N.
Suite 300
Naples. FL WO)
1'El. ~39) 6~9-6S$S
FAX (z39) 6~9-?l.p
-.wpI-lepLtoJD
-. -.-.-.-'-' -'~-'-'\-- .-. -.-
WOODWARD, PIRES & LoMBARDO, :RA.
Attorneys-At-Law
June 2. 2004
Sent via facsimile and regular U.S. mall
Jacqueline W. Hubbard, Esq.
Assistant County Attorney
3301 Tamlarni Tran East Bldg. F
Naples. FL34112
. RE: Dwight E. BrOck, Clerk of the Circuit Court VS. Board of County
Commissioner&, et aJ.
CASE NO: 04-941.cA
FILE NO: 7420.003
Dear Jacqueline.
I am In receipt of a copy of your letter to Dwight Brock of June 1.
2004 concerning the above. [copy attach9d)
After consultations with Mr. Brock. on behalf of Mr. Brock, I would
request that you deliver the referenced cashier's check to Mr. Mitchell, In
his capacity as Anance Director. . . .
AddiUonally. please make avaOable for inspection and copying, the
audit report you mentioned in our telephone conversation yesterday. You
advised that the County's outside retained auditor had completed its audit
and had prepared an audit report. which report in part lead to the
determination that the funds In the subject account were and are public
funds. This request Is made pursuant to chapter 119. F.S., and if you
. claim an exemption exists. pleass provide. in writing, the detailed
reference to an asserted exemption.
If you have any questions, please do not hesitate to contact me.
APPlJmm
cc: DwIght Brock vi. tBcslmlle
-
Agenda Item NO.1 OM
June 22, 2004
Page 14 of 14
EXECUTIVE SUMMARY
Direct desired action by the Office of County Attorney in two code enforcement lien foreclosure
actions entitled Collier County v. Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA.
OBJEcrIVE: That the Board of County Commissioners direct the Office of County Attorney as to
one of the following options regarding two pending lien foreclosures entitled Collier County v.
Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA.
CONSIDERATIONS: These cases originated from two separate eode enforcement proceedings
against property owned by Varano. (CEB Case Nos. 94-005 and 97-029). After finding the existence
of a violation in each case, the Code Enforcement Board entered an Order Imposing FineILien, the
recording of which imposed a lien against the violated property and all other real and personal
property of Varano. After authorization of the Code Enforcement Board and pursuant to ~ 162.09, Pla.
Stat., the Office of County Attorney initiated two actions to foreclose the County code enforcement
liens.
Varano claimed a financial inability to abate both violations, but was presented with the opportunity to
sell one of the properties, the Golden Gate Estates parcel. Varano presented eertain documentation to
support this claim, including an affidavit describing his financial condition. This documentation was
presented to the Board on May 13,2003, along with Varano's initial settlement proposal.
,-
On June 24, 2003, the Board approved a second Settlement proposal and executed a Settlement
Agreement with Mr. Varano, a copy of whieh is attached hereto. The Settlement Agreement
permitted Varano to sell the Golden Gate Estates property so long as the contract purchaser was
required to abate the violations within sixty (60) days. When the violation was abated, the County
was to receive $25,000.00, which funds were to be escrowed at the time of closing, and thereafter to
release the Golden Gates Estates property from the code enforcement lien. In addition, Varano had
120 days from date of closing to abate the violation on the other property (Washington Avenue
parcel). Once satisfactorily abated, Varano would pay the County another $25,000 and the County
would release the second property from its code enforcement lien.
Pursuant to the Settlement Agreement Varano did enter into a Purchase Agreement with Kelly
Capolino to buy the Golden Gate Estates parcel for the sum of $130,000.00. Paragraph 3 of the
Settlement Agreement provided that the contract purchaser be required to remove "all debris and litter
from the property and either (a) obtain a valid building permit for completion of the structure or (b)
obtain a demolition permit and remove the structure." The Purchase Agreement ineorporated this
language and expressly required Ms. Capolino to abate the violation within sixty (60) days of closing.
The parties closed on the Golden Gate Estates parcel on October 16,2003.
,-
Although Ms. Capolino obtained a demolition permit within sixty (60) days of dosing, the :,tructure
has never been removed. Alternatively, on June 1, 2004 Ms. Capolino submitted an application for
building permit to complete construction of the structure on the Golden Gate property. However, with
an outstanding demolition permit a building permit for the same structure is not likely to be approved.
Similarly, although Mr. Varano has removed all exotics and some of the offending vehicles from the
Agenda Item No. 12A
June 22, 2004
Page 1 of 12
Washington Avenue property, Mr. Varano has failed to satisfactorily abate the violation on that pareel
during the eight months since closing. Communications with Mr. Varano, his former counsel and Ms.
Capolino's attorney, Melissa Vasquez, have failed to produce satisfactory abatement of either
violations and it is uneertain whether complete abatement will ever occur. Ms. Capelino's attorney
has submitted a letter detailing her efforts to abate the violation on the property, which is attached.
Pursuant to Paragraph 10 of the Settlement Agreement, if the violations are not abated within the time
period set forth in the agreement or any of the conditions of the agreement are not met, the County
"may, at its option, terminate this agreement and continue to foreclose on these properties." The terms
of the Settlement Agreement have not been met It is therefore appropriate at this time for the Board
to direct this offiee as to whether it wishes to terminate the Settlement Agreement To that end we
have identified the two alternatives for the Board as follows:
1. Terminate the Settlement Agreement and proceed with the prosecution of both
foreclosure actions to final judgment In the event that either property owner does bring the property
into compliancc prior to final judgment the County may always consider a settlement with either
property owner in lieu of acquiring the property through forced sale.
2. Gnlllt the property owners additional time to abate the violations on either property,
thereby extending the time periods for performance without waiving the terms and conditions of the
Settlement Agreement The time period should be definite (not exceeding 6 months) and should
authorize termination of the Settlement Agreement immediately upon non-performance.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Options 1 will result in additional litigation eosts not likely to exceed
$2,500.00. Option 2 results in no direct fiscal impact, but mther continues an agreement that, if
performed, will result in $50,000.00 being paid to Collier County.
RECOMMENDATION: That the Board of County Commissioners select one of the foregoing
options and direct the Office of County Attorney to proceed accordingly.
.-
2
Agenda Item No. 12A
June 22, 2004
Page 2 of 12
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
12A
Dimct des:rHd action by the Office of Cm;r;iy AttmnHY if! 1:\'.'0 COdH enforC~Hn~;nt
lien fomcloslJrH m:tiof!s entitled Collier COIJf!ty v. ."'.nt!-,ony J. Varano, Jr, Case
Nos. 99-4226-CA and 00-3430-CA.
6/2212004 9:00:00.AM
Prepared By
Jeffrey C. Clapper
County Manager's Office
L<!gal Assistant
6;9!20M 6:07:40 PM
County I\ttomey Office
Approved By
Sandra Lea
Community Development &
Environment31 Services
Executive Secretary
Community Development &
Environmental Services Admin.
Date
611 O!2004 8: 33 AM
Approved By
Ellen T. Chadwell
County Manager's Office
Ass~w.nt COlil1ty Attorney
Date
County Attorr:ey Offi~
6i10!2004 3;51 PM
Approved By
Janet Powers
Community Development &
F.n'\limnmeI1UlI Ser..h~s
Operations Man;.':g<!r
Date
Code Enforcement
i3i10!2GU4 4:U8 PM
Approved By
David C. Weigel
County Manager's Off!;:e
County Attorr:ey
County Attorney Office
Date
6i~1!2G04 3:27 PM
A pproved By
Pat Lehnhard
County Manager's Office
Administrative Assistant
Oat"
Office of Management & Budget
i3i11/20U44:4" PM
Approved By
Mal1l: Isackson
County Manager's Office
Budget AI1alyst
Office of Management & Budget
Date
6(14120049;49 AM
Approved By
Michael Smyi<owskl
County Managvs Office
Mal'lagemfint & Budgfit Director
Date
Office of Mar:ayament & Budget
(1(15120041:59 PM
Approved By
James V. Mudd
Board of Count'1
Commissioners
County ManagE!r
Date
County Manager's Office
6i1512004 3;56 PM
Approved By
Joseph K. Schmitt
Community Development &
EnvironmelltJJl Services
Community Dev610pmant &
Environmental Seriice.... Adminstrator
D3te
Community Development &
Environmental Services Admin.
Agend~~~t2~~~tM
Page 2 Elf 12
.\. ElS/09/2a04 13:25 9412623839
LAW CFFlCES cF EJVC
PPtE. tl4
Ms. EIka Chadwell, ~:
lune 9. 2004-
Page'I'11Re ., ....s.-
& a profcaaion:al courtesy, we would ask tbal you please inform this office of the
Co~'s ioteDt with regard tD the action against the property, iDebIdiDg placiDa .. ~
. on the Board of eoant)' Commissioner's ageo.a
ThaDk you for your attr:ntioo to this 1D8Iter.
ImIlV
Q'Mlol'l 1IIJ ..,~-v""""'tI!I'......
Agenda Item No. 12A
June 22, 2004
Page 4 of 12
.,.
SE'I"n..EMlt~ ACJm~
11fIS SETTLEMENT AGREEMENT ("Agreement") is entered into aDd made on
rfUs d!:1!: day of ~ uN. . 2<lO3, by ~ __ Collier County (the "Co...,.~ aud
Antho~ 1. VaratIO. 1r. ('Tropc:rty O\Imcr"), .1th respect to Case Nos. 994226-CA and 00-."
343o:.cA. filed in the Circuit Court of Cotijer <AlUrty and originating from <Ade Enforcc:ment
" Ii.
. Board Case NOI. 94-005 and 97-029.
(CO)/PY
t:'.
. ~ ~
WITNESETH: ~ e!::
" ~ 0 ~
WHEREAs. the Caun:.y bas .filed tw<? 'actions in tile Circuit co:furt of Cili~omftlv-
" ~ I'O~
I ION Cr-
Case Nos. 99-422~ an~ 00-3430-CA, to .fi?rec1ose the code cnfon: li~ ~ed~
o :z .
. c ~
orders arising out orCode Enforcement Board Case Nos. 94-005 and 97-029; c:l ~ f: ~
I. Co, en' en' ~o
WHEREAS, an 0iUer Imposing FinelLicn was ~nfed on March 13. 1998. in ~ffi~r
". .
Record Book 2398, Page 893, cl seq., in CEB Case No. Cfl..(f];9, which cn:atcd a lien 00 certain
properties owned by the Property Owner in Co~tier County. Florida and described in Exhibit" A"
to this Agrr:anent;
WHEREAS an Order Imposing FinelLien Was recOrded on Febnmry 6. 1995 in Official
I
Record Book 2028. Page 39. et seq.., arising out of CBB Case No. 94-005, which ordCl' created a
. I
lien on cer1ain properties owned by tho Pro~ Owner in <Allier County and dc.w:ibed in
Exhibit "A'" (~beU hereto);
WlIERKAS, a Clerk's defaul~ was' ent~ against the Property Owner OD June 23. 2000.
in Case No. 99-4226-CA; and
,I
WlIERKAS tho property owner bas not abated If:!c violation which i3 the subject of CEB
Case No. 97-029; and
'I
II'
~-
WHEREAS the Property Owner has not abated the violation which is the subject of CEB
Case No. 94-005; and
.WHEREAS the Property Owner has asserted his financial inability to abate the
'.i.-j,,:;'-,ns on both properties;
WHEREAS the lien ereated by the Order Imposing FinelLien in CEB Case No. 94-005
amo'cl1its to approximately $816,750 (aceruing from January 9, 1995 to May 15, 2003) and
conti!mes to aeerue at $250 per day lllltil the violation is abated or a foreclosure judgment is
entered;
WHEREAS, the lien created by the Order Imposing FinelLiens in CEB Case No. 97-029
amounts to approximately $477,000 (aceruing from February 25, 1998 to May 15, 2003) and
continues to aecrue at $250 per day;
WHEREAS the County reeognizes the unlikelihood of reeovering the full amollllt of the
liens by proeeeding through foreclosure and desires to compromise the amount of the liens
imposed against the Property Owner's properties in the interest of obtaining abatement of the
violation; and
WHEREAS the parties to this Agreement reeognize that it is in their best interest to
compromise the lien and achieve abatement of the violation on both properties.
NOW, THEREFORE, in consideration of the mutual covenants, pronnses and
consideration set forth in this Agreement, the sufficiency of which is hereby acknowledged by
Parties and with the intent to be legally bOlllld hereby, the COllllty and the Property Owner
mutually agree as follows:
2
Agenda Item No. 12A
June 22, 2004
Page 6 of 12
1. The parties agree that the foregoing recitals are true and eorrect and said reeitals
are ineorporated by reference into the terms of this Agreement.
2. Within thirty (30) days of the effective date of this Agreement, the Property
Owner shall obtain a Contraet for Sale for property described as the East 165 feet of Tract 116,
Golden Gate Estates, Unit No.3, and identified by Folio No. 36716961009 (hereinafter "Golden
Gate Pareel"), which Contraet must ineorporate those conditions set forth in Paragraph 3 below.
The Property Owner will provide the County with a eopy of the fully executed sales contraet
within this time period for its review. The eontraet shall provide for a closing date within
seventy-five (75) days of exeeution of the contraet. The Property Owner's inability to obtain and
produce a binding contract for sale in accordanee herewith will eonstitute the breach of a
condition preeedent to the remaining obligations of this Agreement, and the County shall have
the option to terminate this Agreement and proceed with the foreclosure actions.
3. Any contract for sale of the Golden Gate Parcel must require the contract
purchaser of the property to abate the existing violation within sixty (60) days. The contract
purehaser shall be required to remove all debris and litter from the property and either (a) obtain
a valid building permit for eompletion of the strueture or (b) obtain demolition permit and
remove strueture. The Golden Gate Pareel will remain encumbered by the County's liens until
such abatement is obtained. The failure to obtain a certificate of occupancy for the permitted
strueture constitutes a new violation which may be prosecuted against the contract purchaser.
4. The County agrees that upon satisfactory abatement of the violation on the
property described in Paragraph 2, it will execute a Release of Lien as to that property in
accordance with Paragraph 5 below. The County shall be notified of the abatement and given an
opportunity to inspect the property to determine if the violation has been satisfactorily abated.
3
Agenda Item No. 12A
June 22, 2004
Page 7 of 12
5. At closing on the sale of the Golden Gate Pareel the sum of $25,000 shall be held
III an interest-bearing eserow aceount for the benefit of Collier County. Upon County's
determination that the violation has been abated, the Property Owner or its closing agent, shall
disburse the $25,000, plus any aeerued interest, to Collier County. Upon reeeipt of those funds
the County shall exeeute a Release of Lien and Partial Release of Lis Pendens as to the Golden
Gate Pareel and shall reeord the same within thirty (30) days thereof.
6. The Property Owner agrees that the proceeds from the sale, other than those funds
to be eserowed as provided herein, shall be used to abate the violation existing on property
loeated on Washington Avenue, more particularly identified Pareel No. 13, of Seetion II,
Township 49 South, Range 25 East, and identified by Folio No. 00250800005 (hereinafter
"Washington Avenue Pareel").
7. The Property Owner shall have one hundred and twenty (120) days from closing
on the Golden Gate Pareel to satisfactorily eomplete abatement of the violation on the
W ashington Avenue Pareel. The County shall inspeet the property after notice from the Property
Owner of abatement and determine whether the violation has been eorrected. After notiee from
the County to the Property Owner that the violation has been corrected to the satisfaetion of the
County, the Property Owner shall pay to the County the sum of $ 25,000.
8. Upon reeeipt of the sum of $25,000, the County shall release the Washington
Avenue Parcel and execute a satisfaction of the remaining code enforcement lien and shall
dismiss both pending foreclosure actions with prejudice.
9. The parties agree that this Agreement supersedes and replaces all pnor
Agreements and the understanding that it eonstitutes the entire Agreement between the Property
Owner and the County and that there exists no other Agreements, oral or written, between them
4
Agenda Item No. 12A
June 22, 2004
Page 8 of 12
relating to any of the matters eovered by this Agreement or any other matter whatsoever. In
executing this Agreement, the Property Owner does not rely upon any indueements, promises, or
representations, other than those expressed in this Agreement.
10. In the event that the violation on the Golden Gate Parcel is not abated by the
contraet purchaser within the sixty (60) days, or the Golden Gate Parcel fails to close, or the
Property Owner fails to make any payment to the County as directed by this Agreement, or the
Property Owner fails to abate the violation of the Washington Avenue Pareel, or any of the
eonditions set forth in this Agreement are not met, the County may, at its option, terminate this
Agreement and continue to foreclose on the Properties. The Parties aeknowledge and agree that
the entering into this Agreement shall in no way impair or compromise the validity or
enforceability of the code enforcement liens currently pending against the properties.
II. The Property Owner aeknowledges and agrees that it is ultimately his
responsibility to ensure that the violation existing on the Golden Gate Parcel is eorrected, and
that any contract for sale must provide adequate provisions enabling the Property Owner to take
aetion to correet the violation or recover possession and control of the property for the same
purpose in the event the contract purchaser fails to correct the violation to the satisfaction of the
County. In no event shall a conveyance of title to a third party or a failure or breaeh of eontract
obligations by a third party constitute an excuse to performance under this Agreement.
12. The Property Owner expressly agrees that the County may proceed to enforee these
liens through the foreclosure in the event the Property Owner or the eontract purehaser fails to
comply with the provisions of this Agreement. The Property Owner agrees that if he fails to
comply with the provisions of this Agreement or the contraet purchaser identified in Paragraph 2
fails to abate the violation, and the County proeeeds with its foreclosure aetions, he shall be
5
Agenda Item No. 12A
June 22, 2004
Page 9 of 12
deemed to have waived all defenses to the foreclosure aetions other than the defense of
payment.
Under no eonditions shall the County's aeeeptance of the $25,000 (plus interest)
payment in accordanee with Paragraph 5 of this Agreement be eonstrued as satisfaction of the
code enforcement liens but rather shall only entitle the Property Owner to a release of the Golden
Gate Parcel from operation of the liens.
13. This Agreement has been entered into freely and voluntarily by the Property
Owner after having been apprised of all relevant information eoncerning this Agreement and the
consequences thereof and after having received adviee from his legal eounsel, Mare L. Shapiro.
14. The Property Owner aeknowledges and agrees that the terms of this Agreement
are subject to the approval of the Board of County Commissioners at a duly notieed publie
meeting of the Board and that the terms hereof shall not be binding on any party until formally
aeeepted and approved by the Board of County Commissioners.
15. This Agreement shall be governed by the laws of the State of Florida.
16. The Parties agree that this Agreement may not be modified except by the mutual
eonsent of the Parties and in writing, exeeuted in the same formality as this Agreement.
17. Both parties to this Agreement have participated fully in the negotiation and
preparation of this Agreement. Aceordingly, this Agreement shall not be more strictly construed
against either one of the parties hereto.
18. The parties agree and aeknowledge that this Agreement is not intended to, nor
shall it ere ate any rights or obligations in any parties not signing this Agreement, nor shall this
Agreement create any benefits in third parties, in particular, any eontract vendee of the properties
deseribed herein. No party other than the undersigned shall have standing to enforee the terms
of this Agreement.
6
Agenda Item No. 12A
June 22, 2004
Page 10 of 12
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STATE OF FLORIDA " ." .... .'
COUNTY OF COLLIER 1 . . .
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THlS S~ AGRERMENlj between Property Owner and Collier County,. i'... '.,
was acknowledged before ~ the 'undersigned Jwthority, by Anthony]. Varano, Jr., thios. 1-:' .~) ....
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86/89/28e4 13:25 9412623839
LAW OFFICES Of EJVC
PAGE: 82
,.
LawOf!ice$' of
--:"!!.
Eric J . Vasquez
Eric J. Vasquez, Esquin!*
~ A. Wood.llIqulre
MelisIa A. Vasquez, Esquire-
Of~
-Aloe odIDJtood.........._
900 SbcthAveu.ue. South SuI.te 201
Naples, Plorida34102-67"1S
Phone: (239) 43D-()999
Pu: (239) ~
June 9, 2004
Ellen Chadwell, Esq.
Collier County Attorney's office
3301 Tamiami Trail East
BuUding F ..
Naples, Florida 34112
via facsimile 774-0225
Re: Kelly CapoUno
311() 5"" Avenue NW. N.pla, FL 34112
Dear Ms. Chadwell:
Thank you forgxanting:Ms. Capolino anexteosion oftUIic to respon4W the
complaint regarding theabovc~ferencedptoperty . Please '8CQeptthC t'o.!1o'Wingu a
briofsummmy of the props other plans for tbut property.
Since the da.tcofpurchase.Ms. Capolino ball spend appro:xiumtely S8.S00.00 in
improvements to, and platis for. the llbo-ve refCl'Ctlced propc:rty. This doc:ii notine1udethc
mQIJth1y mortgage payments ($1,200 .QO/month) that $be is making on thl' property.
She has not oulyinvested monc:'y 'but time and ~t()Watd n:lSQlv:jng the issues
surrounding this prQpcrtr. incI\1ding but not Jnnl.~ct to. ~'riniallpriot ~o.n
that does notrnect the County's current building code; tcmo~ing all unsar" tt18tcrlalllDd.debris; and cleaning the propert.yW the sati.fa,ction oftben~bors as weD lIS the Code
Enforcement Departm~ ~.ooo.OO).Ms.. Capclipo p..s,employcd R.Cliablc Permitting
to assist her with the permitting process ($250.00); employeo.nesipDrafUng ofNaplcs
($340.00) 10 prcplUe plBl1S; and employed two e:Oginaerlng rums; LoCkhart Engineering.
C;'lII1~1O\l~~-V~IIII'.IIl:wp1
J-1-e(y\ \d A-
(e.J.j\se d f/,n+ed
~Cj
~6/e9f2~~4 13:25 9412623839
LAW ~rCES CF EJVC
PAGE 1!I3
,
Ms. Ellen Chadwell, Esq.
June 9, 2004
Page Two
Inc. ($2,000.00), and Ray Oanc's Engineering ($500.00) to detenitine what, if any. part
of the existing structure is suitable for building. As you know those pl/UlS have
already been submitted to the County's permitting department ($525.00).
In addition, Ms. Capolino has a meeting scheduled on June 18, 2004 with Charles
Loomis to cn::ate an interior finish plan and budget. She will be ready to move forwanl
IL'!I soon IL'!I the County approves the construction permit.
Although it bas taken time for all ofthestcps to be completed, Ms. Capoliuo has
every intention of making use ofthc property to the satisfaction o{theCounty as wdlas
to the neighbors surrounding the property. It is ber desire to-utilize the property in tho
most beneficial and ec::onOmiCalmanner. lnaddition. Ms. Capolino colild not begin to
invest the time, money Or a1CI'&Y,toward these ~oals until title wastransfi::rred to her.
Due, to the time constraints imposed upon the purclwe it was at fim.bet intent to
demolish the structure. It was only after consuttingWith a)gineers, the County's
building department, and VllOOUS contractors., that she learned she l'I1BY be:: able .to utilize a
portion oftbe existing structure. Clearly the most efficient, economical and beneficial
usa Of the property would be to utilize the~isting structure. The process of making that
determiDation and expending the funds to obtain the infOmUltiOD tomakc: that
dctmnil)ation has indeed involved morctimeand effort thiID she tlrst thought.
Moreover, getting the job done in1arge part required relianc~on third parties. As a
result, she has been required to work around the schedulcsl)f third parties and not that of
the County's. in addition, the nature of the conatruction business in the mea does not
lend itself to l'llpid results. Ms. Capolino's project is competing with major developers in
the area for the time and resources of the local construction industty. Clearly, the smaIl
one time project docs not obtain the priority as do the major development projects.
I would bope that it is the County's intent and desire to see thepropcrty utilized in
a usefuJand productive manJler. Moving forward with f~IO$Ul'C p(OCeedings against
this property would not be the m!.llU;l.B to that end. Ms. Capolino is,and will. utilize the
propcrtyin a manner coosistcnt with the desire of the Cl)~tand ~ U:nponaotIr to
the surrounding neighbothood. MicheUe Arnold bas ah'eady indicated that the Code
Enfor~t Department is Satiafiedthat the property is progJ'Clssing in II. rriSnIlc:I'
consistent with that desire.
Please note we are boldingS25,OOO.OO plus interest in trust for thebc:nefiUfthc
County and are eager to disburse thoscfunds to the County in~cb.angc fbr a Satisfaction
orLien at the cadicst time possible.
C;lMy~'Ioil"p~MalO~lIno-.V~Ol\)I,ID:"""
I~ lz.A
e6/69/2ee4 13:25
9412623839
LAW OfFICES OF EJ.."C
PAGE 134
Ms. Ellen Chadwell, E~:
June 9, 2004
Page Three,... -lU
As 8 professional courtesy, we would ask that you pleas., iJlformthis office of the
County's intent with regard to the action againSt the property, inehlding pJacjng C))o 'bsue
on the Board OfCQW1ty Conunissioner's agenda.
Thank you for your attention rotbis matter.
"
fm>>.v
c:~~...~jloo~-v--Ioouatylll)'''',..,s
I.~ lZA
",,-"'.
Item Number
Item Summary
Meeting Date
Approved By
David C. Weigel
County Manager's Office
Approved By
Pat lelmhnrd
County Manager's Office
Approved By
Susan Us~el'
County M,lnager's Office
Approved By
James V. Ml:dd
Board of COlmty
Ccmmissicnfff'S
--
"".
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
128
Board DireGgi)r! Re!ating to Amendmont of Falso Alarm Ordinance, Ordinance
No. 97-8, as amended (Companion to Item 8F).
61'2212004 9:00:00 AM
County Attorney
Date
County Attorney Office
6iHj!20U4 2:U2: PM
Administrative Assistant
Oat"
Oftke 01 Man'lgement & Budget
(iIHi!2UU4 2:tlS PM
Senior ManagemantJ8udgat Ar.aly;,t
Oate
Oftke 01 Man,lgemen! & Budget
(il1G!2UU4 3;13 PM
County ManagliE'
Date
County M,lnager's Oftke
(il1G!2UU4 3:34 PM
-,
Agenda Item No. 128
June 22, 2004
Page 1 of 1
EXECUTIVE SUMMARY
TO PRESENT THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN
FINANCIAL REPORTING TO THE BOARD OF COUNTY COMMISSIONERS.
OBJECTIVE: To present the Certificate of Achievement for Excellence in Financial Reporting
to the Board of County Commissioners.
CONSIDERATIONS: .. The Clerk of the Circuit Court serving in the capacity as Ex-Officio
Clerk to the Board of County Commissioners is responsible for coordination of the annual
independent audit along with the production of the comprehensive annual financial report
(CAFR).
In this role, the Clerk participates in the Government Finance Officers Association (GFOA)
Certificate of Achievement for Excellence in Financial Reporting Program. Established by the
GFOA in 1945, this program encourages governments to publish a readable CAFR covering all
transactions of the government during the fiscal year. The GFOA, along with the Clerk of the
Circuit Court, believes that governments have a responsibility to provide the public with a fair
presentation of their [mandai affairs. The comprehensive annual financial reports prepared by
Collier County go beyond the requirements of generally accepted accounting principles by
providing financial statement users a wide variety of information with which to evaluate the
County's financial condition.
It is with great pride that we present to the Board the certificate for the seventeenth consecutive
year.
GROWTH MANAGEMENT IMPACT: None.
FISCALIMPACT: None.
RECOMMENDATION: That the Board of County Commissioners accept the GFOA
Certificate of Achievement for Excellence in Financial Reporting as presented.
Prepared B .
~~
erek M. Johnssen, CPA
General Accounting Manager
Reviewed By: ~ 'Z P:I. --L c/
J es L. Mitchell, CIA, CFE, CBA
Director of Finance and Accounting
Date: '-/r!2fKJf
Date: (,~5~r
-
Agenda Item No. 13A
June 22, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
A pproved By
Pat Lehnhard
County Manager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
13A
This item to be heard at 11 :00 a.m, To present the Certificate of Achievement
6/22/20049:00:00 AM
for Excellence in Financial Reporting to the Board of County Commissioners,
Administrative Assistant
Office of Management & Budget
Date
6/16/2004 2:00 PM
Approved By
Susan Usher
County Manager's Office
Senior ManagementiBudget Analyst
Office of Management & Budget
Date
6/16/2004 2:09 PM
A pproved By
James V. Mudd
,__ Board of County
Commissioners
County Manager
County Manager's Office
Date
6i16i2004 4:25 PM
Agenda Item No. 13A
June 22, 2004
Page 2 of 2
EXECUTIVE SUMMARY
TO PRESENT TO THE BOARD OF COUNTY COMMISSIONERS THE
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2003.
OBJECTIVE: To present to the Board of County Commissioners the comprehensive annual
financial report for the fiscal year ended September 30, 2003.
CONSIDERATIONS: The Clerk of the Circuit Court serving in the capacity as Ex-Officio
Clerk to the Board of County Commissioners is responsible for coordination of the annual
independent audit along with the production of the comprehensive annual financial report
(CAFR).
In this role, the Clerk is pleased to present to the Board the comprehensive annual financial
report for the fiscal year ended September 30, 2003. The comprehensive annual financial report
(CAFR) represents a significant investment of effort by both the Finance and Accounting
Department and County staff. We would like to express our sincere appreciation to KPMG LLP,
the Board, the other Constitutional Officers, the County Manager, the County Attorney, the
Division Administrators and the Department Directors, not only for their assistance with the
CAFR, but for their cooperation throughout the year in matters pertaining to the financial affairs
of Collier County.
- GROWTH MANAGEMENT IMPACT: None.
FISCALIMPACT: None.
RECOMMENDATION: That the Collier County Board of County Commissioners accept the
comprehensive annual financial report for the period ended September 30,2003.
Prepared By:
Date:
(I.(/zoo>,
D M. Johnssen, A
eneral Accounting Manager
Reviewed By: ~ Z ~rG' ~~
JmnesL.~rehell,C~,CFE,CBA
Director of Finance and Accounting
Date:
c.~~y
,
--
Agenda Item No. 138
June 22, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
Pat Lehnhard
County Manager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
138
This item to be heard immediately following Ib:llT; 13A. To present to the Board
of County Commissioners the Comprehensive Annual Financial Report for the
Fiscal Year ended September 30, 2003,
6/22/20049:00:00 AM
Administrative Asslst'lnt
Office of Management & Budget
Date
6/16/2004 2:01 PM
Approved By
Susan Usher
County Manager's Office
Senior ManagementiBudget Analyst
Offlce of Management 8. Budget
Date
6/16/2004 2:06 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
6/16/2004 4:35 PM
-
Agenda Item No. 138
June 22, 2004
Page 2 of 2
.. ~'.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
14A
Item Summary
Discussion - direction to CRA staff and County Attorney with regard to support
of a request for an opinion of the Florida Attorney General on selected issues
pertaining to the effect of municipal annexation on an existing CRA area or to
pursue an Interlocal Agreement with the City of Naples.
Meeting Date 6/22/20049:00:00 AM
A pproved By
David C. Weigel County Attorney Date
County Manager's Office County Attorney OffIce 6/16/20042:56 PM
Approved By
Pat Lehnhard Administrative Assistant Date
~- County Manager's Office Office of Management 8. Budget 6/16/2004 3:04 PM
Approved By
Susan Usher Senior ManagementiBudget Analyst Date
County Manager's Office Office of Management 8. Budget 6/1612004 3:49 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 6/16/2004 3:50 PM
-
Agenda Item No. 14A
June 22, 2004
Page 1 of 1
EXECUTIVE SUMMARY
To approve a Change Order to Hartman and Associates, Inc. Contract #03-
3456, in an amount not to exceed $9,000.00, to complete its engineering
analysis and rate review of Orangetree Utility Rate Adjustment Application,
as recommended by the Collier County Water and Wastewater Authority.
OBJECTIVE: For the Board of County Commissioners to approve an increase to an
engineering services contract with Hartman and Associates, Inc., not to exceed $9,000,
fch,,_'d to the engineering analysis and rate review of Orangetree Utilities Rate
,\ dj, ,t ment Application, as recommended by the Collier County Water and Wastewater
AuUlUrity.
CONSIDERATIONS: Orangetree Utilities filed its minimum filing requirements for
watn and wastewater rate adjustments on June 13, 2002, with a selected Test Year of
2001. Utility Regulation staff attempted to seleet Hartman and Associates as the sole
source consulting engineers to perform the engineering analysis and rate review. But
since Hartman and Associates no longer held an annual engineering services contract
wi tn Collier County, the Purchasing Department required staff to go out for competitive
bid. Several months delay was encountered in view of the Request for Proposals process.
Only two firms submitted proposals and since Hartman and Associates had performed
previous analyses of the Orangetree system, Hartman was selected as the preferred firm.
On Mareh 23,2003, the Board approved Contract #03-3456 with Hartman in the amount
of $77,190 for the engineering analysis and rate review.
Sixteen months into the process, after numerous delays in obtaining crucial data required
for the engineering analysis and rate review, Hartman has finally received sufficient
information from Orangetree to finalize its long awaited report. Tn view of the costly
delays, Hartman estimates that an additional $9,000 will be required to complete the
original scope of services in the professional services agreement.
On May 24, 2004, the Collier County Water and Wastewater Authority unanimously (5-
0) approved staff's recommendation for the Authority to (1) recommend Board approval
of the change order, not to exceed $9,000.00, and (2) direct Orangetree to reimburse the
County for any additional consulting costs in excess of the original contracted amount, in
view of their failure to provide timely engineering and financial information to Hartman
in the performance of their analysis and review. Orangetree has agreed to reimburse the
County for the amount in excess of the original contract, not to exceed $9,000.00.
,-
FISCAL IMPACT: There are sufficient funds budgeted in the Utility Regulation
Operating Budget (Fund 669) to fund the recommended Change Order, not to exceed
$9,000.00. As Orangetree Utilities has agreed to reimburse the County for the amount in
excess of the original contract, not to exceed $9,000.00, the Change Order will ultimately
have no fiscal impact on Fund 669 (Utility Regulation Trust Fund).
Agenda Item No. 16A 1
June 22, 2004
Page 1 of 8
GRO'VTH MANAGEMENT IMP ACT: There is no Growth Management Impact
related to this action.
RECOMMENDATION: That the Board of County Commissioners approve the Change
Order to Contract #03-3456 in an amount not to exceed $9,000,00.
-
Agenda Item No. 16A 1
June 22, 2004
Page 2 of 8
COLLIER COUNTY
-
BOARD OF COUNTY COMMISSIONERS
Item Number
15A1
Item Summary
Recommendation 10 apprOliH a Chango Order to Hartman and AS$ociat~;s. Inc,
Contract #03..3456. in an amount not to e,:<cBed $9.000.00. to comp~Bte !!$
e::,'1ineering ana!ysis and rate review of Orange tree U!ii!!y Ra!e Adiustment
I>.ppBcation. as recommended by the Collier County Water and Wastewater
Authority.
Meeting Date
6122;2004 9:00:00 .At\f:
Prepared By
Sleu Walli':cfS
CoES OperaUmu; Di!tll~t{)r
6!'1l2004 11: 30:08
AM
Community On.,.~lopment 8-
Environmental Services
COES Operi':tiQns
Approved By
Unda Jal~ks0l1
Conl.ractl'- Agent
oi':te
Administfiltiyn Sar..ic.:s
Purchasing
6i,1200411:33 AM
Approved By
-
Community Ot'velopment 8.
En\t'ironmental Servjc!:'s
Ex!:'cutive Secretary
Community Dt'velopment &
Environmt'ntal Sefvic!:'-'3 Admin.
D~te
Sandra Lea
M!2004 'j :3(1 PM
Approved By
Michael Smykowski
Manag~ml:nt 8. Budgl:t Director
Date
Count"j Manager"s Office
Office of Management & Budget
6i12120{J41:4S PM
Approved By
James V. Mudd
County Manllgnr
o"fe
Board of County
Comm1ssionnrs
County Mam!gt'r's Office
6/14!2(i(l4 2:<1 S PM
Approved By
Josr:ph K. Schmitt
Community Development &
Environmenk\! Services Aciminstrator
Oat"
Community Development &
Environmental Services
Community Development 8.
En\t'ironmental Servict'-'3 Al'!min.
6i2120M 'j U:34 AM
Approved By
Steve Carnell
PurchasinglGenf:ral Svc-s Director
Date
Administrati\t'f: Services
Purchasing
6/212004 'j2:53 PM
Approved By
Pat Lehnhard
AdministratiYn Assist"nt
Date
-
County Manllgnr's Office
Office of M,"magemr'flt 8. Budg.:t
fji412004 6:11 AM
Approved By
Mark Isackson
B~tdget Analy!>1
Date
County Manllg~r'$ Offic:~
Office (Jf Management 8. Budget
Agenda Itfii!ti<NM ~6A;foM
JUlIe 22, 2004
Page 3 of 8
I
~
Date:
Friday, May 28, 2004
To Steve: 5/20
To. Bonnie:
BCC Report: NA
RE: Contract:
03-3456
Engineering
ysis and Rate Testimony for Orangetree Utilities
Project:
Amendment No.:
Change OrderlWork Order No.
No.1
Contractor/Consultant:
Hartman and Associates
Change OrderlWork Order Amount: $9,000.00 (not to exceed)
Last BCC Approved Amount
$77,194.00
Revised Agreement Amount
$86,194.00
Percentage IncreaselDecrease 11.66% (this item will be submitted to the BCC with an
Executive Summary through Novus Agenda Creator)
Overview of Change: The project experienced incessant delays (over a year's delay) obtaining
engineering and financial information crucial to the analysis from Orangetree Utilities. The
additional $9,000 is required for Hartman and Associates to complete the original scope of
services and is based upon the delays from Orangetree Utilities. Orangetree Utilities has agreed
to reimburse the County in an amount of the additional costs in excess of the original contract
amount, not to exceed $9,000.00
Steve's Acknowledgement:
s-
Date: S(1};(05f
Scanned Date:
~f)q,
Data Entry Information:
Type of Change: Change to a contract
Project Manager: BIen Wallace
Department: CDES Operations Director
Agenda Item No. 16A1
June 22, 2004
Page 4 of 8
I
-
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Enalneerlna Analvsls of Oranaetree Utilities bv Hartman and Associates, Inc.
PROJECT #:
BID/RFP #: 03.3456 MOD #: 1 AMOUNT OF THIS CHANGE NTE $9.000.00
PO #: _4500021866 Work Order #:
CONTRACT AMOUNT: ORIGINAL $77. 194.00 CURRENT $ 86.194.00
(STARTING POINl) (INCLUDING THIS CHANGE ORDER)
last BCC Approved Amount $ 77.194.00
(LAST TOTAL AMY. REQUIRING BCC APPROVAL)
Date of last BCC Approval: March 25.2003
Agenda Item # 16A 1
Percentage of the change over/under current contract amount 11.66%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC
on Purchasing report.
CURRENT COMPLETION DATE (S):
-- ORIGINAL: 6 weeks after Notice to Proceed. CURRENT: Project completion estimated at June
15, 2004.
SUMMARY OF PROPOSED CHANGE (S): In view of Incessant delays (over a year's delay) in
obtaining engineering and financial Information crucial to the analysis from Orangetree Utilities, the
vendor has experienced many duplications of effort and costs associated with the numerous delays.
JUSTIFICATION FOR CHANGE (S): The additional $9,000 is required for Hartman and Associates.
Inc. to complete the original scope of services. The incessant delays of Orangetree Utilities In
provided required Information has been determined to be the cause of the Increased costs.
PARTIES CONTACTED REGARDING THE CHANGE: Orangetree Utilities; Collier County Water and
Wastewater Authority; Hartman and Associates, Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
L Proposed change is consistent with the scope of the existing agreement
!L- Proposed change is in fact an addition or deletion to the existing scope
y-- Change Is being implemented In a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION:
APPROVE: D. E. "BlEU" WALLACE, Director, CDES Operations (Utility Regulation) Date:5/24/04
DISAPPROVE: Date:
_ COMMENTS: This Change Order issue was presented to the Collier County Water and Wastewater
Authority during their regular meeting on May 24, 2004. The Authority unanimously (5-0) adopted the
Utility Regulation staff recommendation as follows: Recommend Board OA~@"~ <<mflrN~lq~
June 22, 2004
Revised 8/22/03 Page 5 of 8
approval of a change order increase, not to exceed $9,000.00, of the engineering and rate review
contract with Hartman and Associates, Inc. for completion of the Orangetree Utilities Rate Case Review;
also, in view of Oranagetree's lack of responsiveness in providing Hartman and Associates, Inc. data
critical to the engineering analysis. recommend the Authority direct Orangetree to bear the additional
costs in excess of the original contracted amount. The Collier County Water and Wastewater Authority is
not authorized to approve the change order, but does have the authority to direct Orangetree to bear any
additional costs, pursuant to the Utility Regulation enabling ordinance, Ordinance 96-6, as amended.
Also, Orangetree Utilities has since agreed to reimbursing the County in an amount of the additional
costs in excess of the original contracted amount, not to exceed $9,000.00.
Revised 8/22/03
Agenda Item No. 16A 1
June 22, 2004
Page 6 of 8
1'i
<-
I;j:t. Memorandum
\tY
To: Chairman, Collier County Water and Wastewater Authority
From: D. E. "Bleu" Wallace, Director
Date: May 14,2004
Subject: Authority Agenda Item - May 24, 2004
Recommendation for Change Order - Orangetree Utilities Rate Case
RECOMMENDA TION: That the Authority recommend Board approval of a change order
increase, not to exceed $9,000, of the engineering and rate review contract with HAl for
completion of the Orangetree Utilities Rate Case Review; also, in view of Orangetree's lack of
responsiveness in providing lW data critical to the engineering analysis, recommend the
Authority direct Orangetree to bear the additional consulting costs in excess of the original
contracted amount.
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REQUESTED ACI10N: That the Authority review the letter from Hartman & Associates, Inc.
(HAl) and follow the staff recommendation above.
REPORT: Orangetree Utilities filed its minimum filing requirements for water and wastewater
rate adjustments on June 13,2002, with a selected Test Year of2001. Staffanempted to select
HAl as the consultant to perform the engineering analysis and rate review, but since HAl no longer
held an annual engineering consulting contract with Collier County, the Purchasing Department
required staff to go out for competitive bid. Several months delay were encountered in view of the
Request for Proposals process. On March 23, 2003, the Board of County Commissioners
approved Contract #03-3456, in the amount of$77,190, with HAl to perform the analysis and
reVIew.
Sixteen months into the process, after numerous delays in obtaining crucial data required for the
engineering analysis and rate review, HAl has finally received sufficient information to fInalize its
long awaited report.
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Operations Department Agenda Item No. 16A 1
C .ty D I t dE' tIS' D". June 22, 2004
ommum eve,opmen an nVlronmen a eNlces IV/s/on Page 7 of 8
I
May 12, 2004
HAl # 00,0383,001
Mr. D.E.(Bleu) Wallace
CDES Operations Director
Collier County
2800 North Horseshoe Drive
Naples, FL 34104
Subject:
Orangetree Rate Case - Budget Amendment
Dear Mr. Wallace:
We are proceeding forward with Hartman & Associates, Inc.'s (HAl) services to the County relative to
the Orangetree rate case. However, due to unforeseen delays in the assignment, the original lump sum fee
will not be adequate to allow HAl to complete the full scope of services. The original budget was
predicated upon completing our analysis in an eight week time frame with testimony soon thereafter.
Currently it has been 16 months since we received our notice to proceed,
The primary cause for the delay is the lack of responsiveness from Orangetree Utilities with respect to
data critical to HAl's analysis. Such delays have created additional work due to elevated communications
with Orangetree to determine the status of the data requests, and documentation of delays to the authority
for its review and consideration, Furthermore, as the data in the minimum filing requirements became
dated it was necessary to reevaluate the test year and conduct duplicate analysis on updated operating
results.
Throughout the course of this assignment we have attempted to minimize the impact of these delays on
the project budget. Nevertheless, at this juncture it is apparent that additional fees will be required to
complete the work. It is projected that an additional $9,000 will be required to prosecute the remainder of
the scope of services in our Professional Services Agreement,
We look forward to continuing to work for the County in completing this assignment. If you have any
questions, please do not hesitate to contact me.
Very truly yours,
Hartman & Associates, Inc.
Andrew T. Woodcock, P.E., M.B.A.
Project Manager
ATW/jev/OO.0383.00Ilcorresp/Budget Amend
cc: Tara L. Hollis, C.P A., M.B.A., HAl
Agenda Item No. 16A 1
June 22, 2004
Page 8 of 8
I
.....-.
EXECUTIVE SUMMARY
.
Request Board of County Commissioners to conflnn their direction regarding purchase
authorization for Conservation Collier properties within North Golden Gate Estates Unit
53.
OBJECTIVE: To receive conftrmation from the Board of County Commissioners (BCC) as to
their direction to allow staff to process properties for purchases within the North Golden Gate
Estates (NGGE) Unit 53 Project.
CONSIDERATION: North Golden Gate Estates Unit 53 is a 285-acre unit, comprising 101
privately owned lots ranging in size from 1.14 to 5.0 acres. The entire unit consists of
undeveloped wetlands lying adjacent to state-owned conservation land. There are no homes or
electric service at present and the 2 existing roads are unpaved. Property values have been
appraised at approximately $10,000 per acre. See map attachment 1 for location.
The NGGE Unit 53 was recommended to the Active Acquisition List during the first
Conservation Collier cycle as an A category, #2 priority project by the Conservation Collier
Land Acquisition Advisory Committee (CCLAAC) on December 15, 2003, This
....._c recommendation was forwarded to the BCC on January 27, 2004, and was subsequently
approved by the BCe. At present, nine (9) out of ten (10) owners of properties evaluated during
the first cycle have accepted our offers and contracts have been sent to them for signature. These
contracts are projected to corne before the BCC for approval in June or July.
Because the documentation of the Active Acquisition List recommendation for NGGE Unit 53
identified 10 specific properties, staff desires to confirm that the BCC has indeed granted
authorization for staff to move ahead with this project as a whole and not just the 10 speciftc
properties. This was the intent of the CCLAAC's December 15, 2003 Active Acquisition List
recommendation. If this is indeed the intent of the BCC, staff will simply process other property
applications within Unit 53 by obtaining appraisals, making offers, and preparing contracts to be
brought to the BCC at a future date.
At this time, applications have been received for several other properties within the boundaries
of this project. Because properties in this area are similar in characteristics, the Conservation
Collier Land Acquisition Advisory Committee has recommended moving forward with
purchases within the Unit 53 project boundary as they become available without further
evaluation and ranking. As noted above, individual purchase contracts will still be presented to
the BCC for approval.
FISCAL IMPACT: Separate individual evaluation of parcels has been calculated to cost
approximately $1,000 in staff time for each property report generated. Additionally, having
~.
1
Agenda Item No. 16A2
June 22, 2004
Page 1 of 4
property owners wait to go through the entire evaluation process presents two risks: that
someone else will make an offer and be able to come to contract sooner and that property values
will continue to escalate, making these properties more expensive. Eliminating the need to
evaluate separate parcels will save approximately $100,000 in staff time if reports had to be
evaluated for all the properties within NGGE Unit 53.
GROWTH MANAGEMENT IMPACT: Fcc-simple acqUIsItIon of conservation lands is
consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management
Element of the Collier County Growth Management Plan.
RECOMMENDATION:
That the Board conftrm its direction to staff for the NGGE Unit 53 as a Conservation Collier
project by authorizing staff to proceed with purchase contracts for NGGE Unit 53 properties as
they become available and to bring these contracts back to the Board for ftnal approval.
.---.,
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2
Agenda Item No. 16A2
June 22, 2004
Page 2 of 4
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOAR.D OF COUNTY COMMiSSiONERS
15"'2
HavEl th~ Board of County CommissionE;rs r.onfirm their direction regarding
purchase ,~\.ithorization for Cor;s~rvati0n CnHiHr pmpm'ties within North Gold~r;
Gate Estates Unit 53,
6!22i2004 9:00:00 .A.M
Prl'parl'd By
Al~)(<mdril J. Sulncl>>i
Community Deyelopment 8-
Er: :. ,. .. '-',:a! Servil;~s
Senior Environmentat Sp"cialist
5!2Bi2M42:05:01
PM
Environmnntat S&riicr,s
Appro~"d By
W~H:~'"c;~ Lcrr,n;t, Jr., p,/:;,
(;~,.- ,
, ;,:)e'{&lopment 8.
,;,;ll Services
Environmlintal Servic,",-s
5,'29/2004 8:51 AM
; . ": ~; . i :
Approved By
Mk:ha<oi SrOlykowski
C(,unt.y M:magr;r'~ ONkf1
Environmental Serilcm. Director
Date
M;,magernr:mt & Budgat Oirect(}r
Date
Office of Mal1agem...nt & Budg...t
6/12/20(l41:37 PM
Approved By
James V, r"h:dd
Boarrl <>f Cotlnty
CcmmissicnliF"$
County Mamlglir
Date
County Manager's Offi~
6/14!2004 2: '12 PM
Approved By
Alexandra J. Sulncl>>i
Community Development 8-
Environmental Serik.,$
Senior En~<lronmental Spr,cialist
Oatr,
Envirol'lmalltal Serii~~i'_'"
6i7JZll;)4 9:22 AM
Approved By
Sandm L,...a
Community Oaveloprnent &
Envimnmental Sf1rvic...s
EX9~~ufjva Sacretary
Community Oaveksprnent &
Environmantal Sf1rvic~ Admin.
Oat...
Ei!7f2004 9:36 AM
Approved By
Joseph K. Schmitt
Community Development 8-
Environmental Servic~s
Community Develapment 8.
Environmental SerYlces Adminstrator
Oat"
Community Development 8-
Environmental Services Admin.
ti7J2004 11 :37 AM
Approved By
Pat Lehnhard
Co!mty Manager's Office
Administrative Assistant
Date
Office of Managemr,nt 8. Budg"t
6i9J2004 10: 04 AM
Approved By
Mark IsaCKson
County Manager's Office
Budget Analyst
Oat...
Office of M.1nagemr,nt 8. Budgr,t
619/2004 1'1: 37 AM
Ayt:llda Ilt:1I1 I<lv. 16Al
June 22, 2004
Page 3 of 4
~J~iE~tt3chment 1.
Conservation Collier North Golden Gate Estates
Unit 53 Location Map
CREW
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CREW
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North Golden Gate
Estates Unit 53
n n" .'1" :"."
~3Rl) .....'E ~'I.'
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legend - NGGE Unit 53
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.. NCGE I,)n,' S~ P'Operlle$
C:J CunwrvaliCtI'l Larm
1 . I I I . I I
D 1,6OD 3,200 1),400 Fllf:1
Folio Numbers. 39492200007: 39492320000, 39493440002
39493040OCW, 3949180??oo. 39493840000. 39.ol90720000
~904907E;0OO2:39491240000
DAI. aouteR rlWC.'. - GOII..' e..,~ r"IWI1Y Il.-r"",
~".IMI ey: GIla: ellEa I EAwlto......'..I..Mcft
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CvJrji.'r C(>lUlt}1
Agenda Item No. 16A2
June 22, 2004
Page 4 of 4
F1!'c
EXECUTIVE SUMMARY
RecoIIiIi:n~lldationto approve an Aniendment to Agreement Cot Sale and Purchase fot 3.64
acr('$ under tbe Conservation Collier Land Acquisition Program at no additional cost to
the County~
OBJECTIVE: To amend Agreement for Sale and Purchase with George and Virginia G.
Visnich.
CONSIDERAl'I()NS: On May 25, 2004, Agenda Item tQA15.the Board of County
COllunissioners approved an Agreement Jor Sale and Purchase (Agreement) with George and
Virginia C. Visnieh to purchase 3.64 acres for Conservation Collier.
The legal description of the propcrtycontained iii Exhibit "An to the Agrcemcnt requites
correction in order to less out 172.4 sqU{ll'e feet of the property that was conveyed in May 2()()4
to CQUier.County (Transportation Diyision)for thewidenjng of Inu:nQka1eeRoad, Parcel #125,.
Mr. & Mrs. Visnich were paid $1.300 IorParcel #125, so (he Amendment .alsoreduces the
purchase priceby' the sarneaIfiOnnt to $476.200; The temainderof the Agreement remains in :full
force and affect.
,-
The attached Amendment has been reviewed and approved by the County Attomeyfs Office and
Environmental Services Department.
FlSCAL IMPACT: There is DO additional fiscal impact asa result of thiS Amendment
GR()\V'l1l~(j.EMEN'f1MPAC1': 'I'hereis noimpacl to the Growth ManilgernentPllP!.
RECOMMENDATION: Staff is recommending that the Board of County Commissioners
.approveand a:lithori:te Chairman Fiala to executetbe .Amendment
.-
Agenda Item No. 16A3
June 22, 2004
Page 1 of 5
" ...'''''"'....''''.''''""'-..---,-..'^'-.,'.. .,~" ,. .".,.,
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONER.S
'16A:~
Rer.r:mmend;)tion to approve an Arnr:ncnlf:E11 to Agreernt1:nt fr.!f Sale and
PUfchasf: for ~.,.fj4 a~-;r€s unc0:" 1ne Cr.!ns~1r'lat:(}n (;omer L;3:nd Ac:qu:s~tjGn
Pn::gmm at no additional cost to tt'I'1 COlm:)',
iY22i2004 9:00'00 AM
Prepared By
Cindy M. Forb
Al1ministr.ativa S*rvlcas
SM,i')' PFop<,;rty Acq,jisition Sptlct<l::1;t
6;~J2(!(!4 7.:15"\9 PM
F.aciHtias M,m.~Y\l"1>mt
Approved By
Michaal Smykowsld
County Man21gr.r's Office
M;magament & Eh,dgat D::-e!;to:'
D,\t*
Offic& of Management I\. Bud!}r.t
GIU/2:GG4 1 :44 PM
Approved By
J21m!:~ V, Mudd
Board of County
Commissioners
COUllty M<lnagDr
Data
COUllty M<lnag&r's Offica
uri5f2004 S:17 PM
Approved By
William 0, Loraf'..z, Jr., P,f,
Community Devalopmlmt 8.
Environmalltal Sarvkes
Envlronm"nta: S,,!'V;cas Dimt'tor
Date
Environm"nt3: S,,!'V:cas
~i4I2(1(14 5:20 PM
Approved By
Alexand!'3 J. Sulecki
Communit-I D"velopm&nt 8.
fllvirollmental SeN;C&S
S"nior Environm..mt3; Speci<llist
Data
Envlronmenta! Ser-,,;ces
l3J'!12ilil4 9:29 AM
Approved By
Charles E. Carrington, Jr., SRI
WA
Administrative Sarvlees
Real Estate Services Manager
Date
FacHitles Management
l3f!120t}.1. 10:3(1 AM
Approved By
Sandra Lea
Communit-/ D'l'velopm&!1t 8.
Envlrollmental SeN;cas
Ex't'Cut;va Secratar/
Data
Community O&v,,!opm&nt &.
Envlronm~mta; S'l'!'V.cas AdmEn,
6i7!2ilil41:Mi PM
Approved By
JO",,;-,ph K. Sl:hmltt
Community Devalopment &
Envlronmellbl Services
Communlti Development If.
Envlronmr.nta; Services Admlnstratcr
Date
Community Development I\.
Environment,;; SeNl<:e5 Admin.
Ml!2004 S:06 AM
Approved By
Pat Lehnhard
County Manager's Office
Adm;nl!.tratlve Assistant
Oat&
Office of Man<lgam&nt &. Budget
~i9!2(1(14 H:'!2 AM
Approved By
M<lrk Isackson
C\)unty M,\rs3ga:'s OffICII
Budget Analyst
Date
Office of Ma(lllgamerst .& Budgat
6!!l!2004 2:12 PM
Agenda Item No. 16A3
June 22, 2004
Page 2 of 5
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT entered into this _ day of
, 2004 by and 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 COLUER 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, the Purchaser and Seller have previously entered into an Agreement
for Sale and Purchase dated May 25, 2004 for a certain parcel of land ("Property~); and
WHEREAS, the Purchaser and the Seller are desirous of amending said
Agreement to amend the legal description of the Property governed by the aforesaid
Agreement to deduct 172 square feet recently purchased by the County Department of
Transportation for road right-of-way purposes; and
WHEREAS, the Purchaser and the Seller are desirous to reduce the purchase
price of $477;500 by $1 ,300 to the new purchase price of $476,200 due to this reduction
of 172 square feet in the size of the Property to be conveyed.
NOW THEREFORE, in consideration of the mutual covenants and obligations
provided within the said Agreement dated May 26, 2004 and other valuable
consideration, the said Agreement IS hereby amended to incorporate the correct legal
description of the Property as shown in the attached Exhibit .A~ and to incorporate the
new purchase price of $476,200,
Except as expressly amended herein the said Agreement between the Purchaser and
Seller remains in full force and effect according to the terms and conditions contained
therein.
IN WITNESS WHEREOF, the Seller and Purchaser have hereto executed this
Amendmentto Agreement the day and year first above written.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
, Deputy Clerk
ASTQ SELLER:
DATED:
WITNESSES:
GEORGE VISNICH
(Signature)
(Printed Nlli'lW)
(Signature)
(Printed Name)
1
Agenda Item No. 16A3
June 22, 2004
Page 3 of 5
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EXHIBIT "A"
TAX IDENTIFICATION NUMBER: 00166680102
LEGAL DESCRIPTION: THE WEST 40 FEET, MEASURED AT RIGHT ANGLES TO
THE WEST LINE OF LOT 15, SOUTHWIND ESTATES,
PLAT BOOK 11, PAGES 16 AND 17; AND THAT PORTION
OF THE NORTHEAST QUARTER (1/4) OF THE
NORTHWEST QUARTER (1/4) OF SECTION 26.
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, lYING SOUTHWESTERLY AND
WESTERLY OF THE THREAD OF A STREAM, BEING
SHOWN AS "NOT A PART OF THIS PLAT" IN THE
SOUTHWEST CORNER OF SAID SOUTHWINO ESTATES.
AND THE EAST 8 FEET OF THE EAST HALF (1/2) OF THE
EAST HALF (1/2) OF THE NORTHWEST QUARTER (1/4)
OF THE NORTHWEST QUARTER (1/4) OF SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; SAID 8 FOOT STRIP LYING
PARALLEL WITH AND MEASURED AT RIGHT ANGLES
TO THE WEST LINE OF THE SOUTHWIND ESTATES AS
RECORDED IN PLAT ElOOK 11, PAGES 16 AND 17,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
LESS THE NORTH 150 FEET; SUBJECT TO EASEMENTS
AND RESTRJCTIONS OF RECORD; CONTAINING 9349
SQUARE FEET MORE OR LESS,
LESS A PARCEL OF LAND LOCATED IN THE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY; FLORIDA, AS
REGORDED IN OFFICIAL RECORDS BOOK 3565, PAGE
g3740FCOLlIER COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION
26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; THENCE RUN N 891113'25" E, ALONG
THE NORTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 26, FOR A DISTANCE OF 1325,02 FEET TO
THE NORTHEAST CORNER OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 26; THENCE
RUN S 01&14'29" E.ALONG THE EAST LINE OF THE WEST
HALF OF THE NORTHWEST QUARTER OF SAID SECTION
26, FOR A DISTANCE OF 150.00 FEET TO A POINT OF THE
SOUTHERLY RIGHT-OF~WAY LINE OF IMMOKALEE ROAD
ANO THE POlNT OF B~GINNING OFTHE PARCEL OF LAND
HEREIN DESCRIBEO:
THENCE CONTINUE S Oi1l14'29u E, ALONG THE EAST LINE OF THE WEST HALF
Qf THE NORTHWEST QUARTER OF SAIO SECTION 26, FOR A DISTANCE Of
17.93 FEET; THENCE RUN S 4~52'54" W, FOR A OIST ANeE OF 10.74 FEET;
THENCE RUN N 011114' 29"W, PARALLEL WITH THE EAST LINE OF THE WEST
HAlF OF THE NORTHWEST QUARTER OF SAIDSECTIQN 2.6, FOR A DISTANCE
OF 25,17 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF"WAY LINE OF
(MMOKAlEE ROAD; THENCE RUN N 892t3'25" E, ALONG THE SOUTHERLY
RIGHT-OF-WAY L,INIS OF IMMOKALISE ROAD, FOR A DISTANCE OF a.OO FEET TO
THE POINT OF BEGINNING; CONTAINING 172.4 SQUARE FEET, MORE OR LESS.
:5
Agenda Item No. 16A3
June 22, 2004
Page 5 of 5
.'...ll!"I~"""""..Jl1)~""""',""''''''IIiI!'I'W',
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EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase of 3.02 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed $771,850.
OBJ~CTIVE: Request approval and execution of the attached Agreement for Sale and
Purchase (Agreement) between the Board of County Commissioners (Board) and Robert W.
Erickson and Kathleen 'K. Erickson.
CONSIDERATIONS: On January 27, 2004, Agenda Item lOA, the Board approved a Collier
Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active
Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties
under the Conservation Collier Program.
The CCLAAC has approvcd this transaction and on June 14,2004, voted to rccommend Board
approval and execution of the attached Agreement.
The Erickson parcel, as referred to on the Acquisition List, contains 3.02 acres and is located on
the easterly side of Old U.S. 41 adjacent to the American Business Park parcels. In accordance
with the approved Conservation Collier Purchasing Policy, the purchase price of $767,000 was
based upon the average of two independent, state-certified general real estate appraisers.
-- Because the Erickson parcel's ranking was based upon its proximity to the American Business
Park parcels, closing on this transaction is contingent upon the prior acquisition of all the parcels
that comprise the American Business Park. The attached Agreement for Sale and Purchase
provides that should the County elect not to close this transaction for any reason, except for
default by Erickson, the County will pay Erickson $7,670 as liquidated damages.
Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is
provided herewith.
The Agreement has been reviewed and approved by the County Attorney's Office and
Environmental Services Department.
FISCAL IMPACT: The total cost of acquisition will not exceed $771,850 ($767,000 for the
property and approximately $4,850 for title commitment. title policy, and recording of
documents). Cost of the appraisals is included in the appraisal cost for the American Business
Park.
The funds will be withdrawn from the Conservation Collier Trust Fund (172).
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is
consistent with and supportc; Policy 1.3.1 (e) in the Conservation and Coac;tal Management
Element of the Collier County Growth Management Plan. '
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Agenda Item No. 16A4
June 22. 2004
Page 1 of 26
EXECUTIVE SUMMARY
Conservation Collier - 3.02 acre purchase
Page 2
RECOMMENDATION: Staff is recommending the Board of County Commissioners:
..-
1. Approve the attached Agreement and accept the Warranty Deed once it has been
received and approved by the County Attorney's Offiee~ and
2. Authorize Chairman Fiala to execute the Agreement and any and all other County
Attorney's Office approved documents related ~o this purchase; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
4. Direct staff to proceed to acquire the property, to follow all appropriate closing
procedures, and to record the deed and any and all necessary documents to obtain
clear title to the property.
5. Approve any necessary budget amendments.
Agenda Item No. 16A4
June 22. 2004
Page 2 of 26
Conservation Collier Land Acquisition Program
Project Design Report
Date: June 22, 2004
Conservation Collier America's Business Park
and Erickson Location Map
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Coliier County
Property Owner: Robert W. and Kathleen K. Erickson
Folio(s): 00145160009 (1.63 acres) and 001452??oo8 (1.39 acres)
Location: Contiguous with America's Business Park project - within the Railhead Industrial
area, just east of Old U.S. 41 and south of the Collier-Lee County line.
Size: Total acreage offered = 3.02 acres
AppraisaVOffer Amount: $767,000
.-'
Agenda Item No. 16A4
June 22, 2004
Page 3 of 26
Historv 01 Proiect:
Recei ved Selected for the Approved for Purchase offer Offer Accepted
application "A" category, purchase by made to owners
#1 priority, on BCC
the Active
Acquisition List
by CCLAAC
717/03 12/15/03 1/27/04 4/30/04 5/7/04
Purpose of Proiect: Conservation Collier
Proe:ram Qualifications:
These two parcels are contiguous with and contingent on the acquisition of the America's
Business Park parcels. By itself, it fulfills program qualifications, though without acquiring the
surrounding parcels it lacks legal access. Considering ecological criteria, is an outstanding
example of one of the unique and endangered plant communities listed as preferred by the
Conservation Collier Ordinance (xeric oak scrub). It is suitable habitat for and currently
supports a population of Gopher Tortoises, a species listed by the state as a Species of Special
Concern. Additonally, state listed plant species, Fuzzy Wuzzy Air plant (Tillandsia pruinosa)
(Endangered) and Twisted air plant (Tillandsia flexuosa) were observed during a site visit. Soils
permit significant surficial aquifer recharge (between 31 and 43 inches yearly). In satisfying
human values and aesthetic criteria, it was noted that legal access does not exist at present,
however, if adjacent America's Business Park lands are acquired, the entire acquisition area will
front on the planned east/west Livingston Road, to be constructed within the next several years,
for which county right-of-way has already been acquired. A county park and school are also
planned for neighboring properties. Additionally, the nearly pristine (except for trespass trails)
scrub habitat is considered an outstanding ~esthetic feature. In considering vulnerability to
development, it was noted that these two parcels are zoned for industrial development and the
owner indicated that he had planned on constructing a door and window manufacturing plant
there in the future. In regards to satisfying management criteria, this properties demonstrated
positively, as no hydrologic changes are necessary to sustain site characteristics, and there are no
exotic plants present. Additionally, planned management activities can utilize the site either
minimally, using existing trails. The only negative in regards to management is a significant
trespass issue, which will require measures to be taken (i.e. fencing) to eliminate off-road
vehicular access. See the Initial Criteria Screening Report for full criteria evaluation.
Proiected Manae:ement Activities:
Initially, it is proposed that the property be fenced to exclude off-road vehicular trespass. Trails
already exist and as access is more fully available though construction of east/west Livingston
Road, and nearby planned school,; and park are developed, site management can include
interpretive signs and marked trails. Additionally, there is potential for use of the area to relocate
Gopher Tortoises displaced by development in other areas.
,-
Agenda Item No. 16A4
June 22, 2004
Page 4 of 26
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONEHS
'16M
Recnmmend<1tiol1;o approve an Agreernr:nt for 8<1;f! <1:1d Purchase of 3,02
acres ur.der thr: Cor.servation Collier 1..<1l1d Acquisition Pmgram, <1t <1 ,~O$t :1ot to
exceed $Ti1,85G.
1l:22i2G04 S:OO:OO AM
Prepared By
Cindy M. Erb
Admlnlt'tr~J(IVto Sllrvl,~es
S"nior !"ropert"j Acquisition Spa<;iag~
fjf4l2UU41U:2G:!i?'
AM
F3<;mtltoS Manago.;ment
Approved By
Mit;liatol Smyk,,\>lt'kl
CQUI~ty Mal1<1lgel"s Oflka
Man3\ltomem. & Budgvt Oiract<;r
Datll
Oillc<l of Man<1lg..m"'l1t &. Budset
5112120041:4'$ PM
Approved By
James V. Mudd
Board Oof County
COMmissl,)!llilrs
County Mar-agar
Oatto
County M3n:a:g~r"5 Office
6114120042:21 PM
Approved By
Charlv:s e, Carringt.Qn, Jr" SRI
WA
Ac:nlnlr.-troitt..... Sal....lclillil
Rr.al Estatfl Sarl.'lcl>$ Man"9M
Data
FC'll~mtl"liI Mal1<1lgamflr-t
514120041:H! PM
Approved By
Sandrillll3
Communlt'{ D;:walopnumt &
En"ironm..nlal &.rvlcas
EXl;o<:uthre Secl'8tar{
Date
Communlt'j O~v!:lopm&nt &.
E:wiro:\menta: Services Admin.
61412004 4;'1'l PM
Approved By
AI~xanc:a J. Suleckl
Community Development &
Envlronmant;!l SVI....lce$
Senior Environmental Sj>&clal!s,t
Date
Envlronm!:ntal S6mces
&i1f2004 9:25 AM
Approved By
Wllllam l), lorer.z. Jr., P.E.
Communlt'/ D;:velopm&nt &
Envlronmental Senril:&s
EnvIronmental SelV!Cll5 Olructor
Date
Environmental Se:v!Cll5
61112004 5:28 PM
Approved By
Joseph i(. Schmltt
C0:11munlty Develupme'lt &
Envlronmtonhll Storvlc""
Cummunity Oevelop:nant '"
Environment.al Servi;;:Q Adminstr"t1'>r
Data
CommiJnljy Oeve:o~)Mfll1t &.
E:wironmvnta! SlIIV,C1l5 Admin,
&fSi2004 2:33 PM
Approved By
Pat l.tohntlard
County Manager's 0ffIc<<
AdmInistrative Assistam
Oatl>!
Office of Managem~nt &. Budget
&f9f200410:03 AM
Approved By
Mane Isackson
County r;lanag"r's Office
Sudgst Ana1lr'$t
Date
Offlr;& oOf Management & Budg;;t
6191200412:02 PM
Agenda Item No. 16A4
June 22, 2004
Page 5 of 26
CONSERVATION COLLIER
Tax Id&ntification Numb&rs: 00145160009 & 00145200008
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between ROBERT W.
ERICKSON and KATHLEEN K. ERICKSON, husband and wife, as an Estate by the
Entireties, whose address is 1377 111h Court North, Naples, FL 34102-5223,
(hereinafter referred to as "Seller"), and COLLIER co Utny, 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 Rorida, 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".
1,02 Closing of this transaction is contingent on the successful acquisition of the
adjacent properties, as described by the following Tax Identification Number(s):
(Allen) 00144200009, 00144800001. 00143120009, 00145000004, 00144880005,
00144840003, (Hains Tr.) 00144440005, 00145480006, (Kraus) 00144920004,
(Livingston Ind. Partner) 00144640009, 00145681009 & 00145680204.
1.03 If Purchaser is unable to successfully acquire those properties identified in
Section 1.02 within one hundred twenty (120) days of the Board of County
Commissioners' execution of this Agreement, this Agreement will terminate and
the parties hereto will have no further liability or obligation to each other.
Termination pursuant to this section will not entitle Seller to liquidated damages
per Section 9.02 of this Agreement.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the .Purchase Price") for the Property shall be Seven
Hundred Sixty Seven Thousand Dollars ($767,000.00), (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 one hundred twenty (120)
days following execution of this Agreement by the Purchaser but not later than
October 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, Rorida. The BrpGedureN 4
to be followed by the parties in connection with the Closing shall b~~!~m o. 16A
June 22, 2004
Page 6 of 26
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009 & 00145200008
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.
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 OWl) 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 B 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, Purchase.gft!ilAi>~/,&No. 16A4
evidence of title an AL TA Commitment for an Owner's Title Insurance ~~ 22, 2004
(ALTA Form B-1970) covering the Property, together with hard copies dPalle 7 of 26
2
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009 & 00145200008
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 fiens 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 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 one hundred and twenty (120) days from the date of
this Agreement, ("Inspection Period"), to determine through appropriate
investigation that:
1, Soil tests and engineering studies indicate that the Property can be
developed without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State. and Federal
environmental laws and the Property is free from any pollution or
contamination,
4. The Property can be utilized for its intended purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall be responsible
for any loss or damages occasioned thereby or as a result of Pqr~h_a~l3f'.s ,~ntry.
Seller shall be notified by Purchaser no less than twenty-four (~flVltbNo. 16A4
said inspection of the Property. June 22, 2004
Page 8 of 26
3
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009 & 00145200008
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 or. 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 including Section 1.03, and Purchaser fails
to close the transaction contemplated hereby or otherwise fails to perform any of
the terms, covenants and conditions of this Agreement as required on the part of
Purchaser to be performed, provided Seller is not in default, then as Seller's sole
remedy, Seller shall have the right to terminate and cancel this Agreement by
giving written notice thereof to Purchaser, whereupon one percent (1 %) of the
purchase price shall be paid to Seller as liquidated damages which shall be
Seller's sole and exclusive remedy, and neither party shall have any further liability
or obligation to the other except as set forth in paragraph 13.01, (Real Estate
Brokers), hereof. The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding,
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby, All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Pur<(haser
and/or Seller, if necessary. Agenda Item No. 16A4
June 22, 2004
Page 9 of 26
4
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009 & 00145200008
10.013 The warranties set forth in this Article 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.
10,016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, other than Seller's first Mortgage on the Property, Seller shall
not further 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
Ot 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 staMe, 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", ~r_ pE:lndt~~ orN 16A4
threatened which affects the Property or which adversely affe~fei%I8B~ o.
to perform hereunder; nor is there any other charge or expense upon or rJl:lRe 22, 2004
Page 10 of 26
5
CONSERVATION COLLIER
Tax identification Numbers: 00145160009 & (l(J14520ll(J,0$
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 petform any ad 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, Seller's
duty to indemnify Purchaser for all costs, claims and liabilities is limited to
those costs, claims or liability arising from or related to incidents or matters
occurring during the Seller's ownership or possession of the property.
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
ColDer 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
Agenda Item No. 16A4
June 22, 2004
Page 11 of 26
6
CONSERVATION COlliER
Tax Identification Numbers: 00145160009 & 00145200008
If to Seller:
Robert W. & Kathleen K. Erickson
1377 11 th Court North
Naples, FL 34102-5223
Telephone number: (239) 261-7880
Fax number:
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
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 hereffi 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 nability 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, Purchaser warrants that there is no broker or any other person
or entity acting as any real estate broker, salesman or representative on
Purchaser's behalf in connection with the transaction contemplated by this
Agreement.
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
honday, 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 purch~e reBr~:tedN 16A4
by this Agreement is subject to review and recommendation fo~~Q8l Yie o.
Conservation Comer Land Acquisition Advisory Committee, and acceptan 22, 2004
approval by the Board of County Commissioners of Collier County, Florida, Page 12 of 26
7
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009 & 00145200008
,-
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.)
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:
DONNA FIALA, CHAII=4MAN
, Deputy Clerk
AS TO SELLER:
DATED:
WITNESSES:
Or~~iJ) ~\ \.~'~1b
(Signature) ,)
i4~~L
R BERT W, ERICKSON
J\\f''J:nn-\rll' S\ffi.~
(Printed Name)
4&~~-
(Signature)
f\N\l-~\. \\u::.\ie.(
(Printed Name)
8
Agenda Item No. 16A4
June 22, 2004
Page 13 of 26
CONSEAVATIONCOUJEA
Tax Identification Numbers: 00145160009 & 001452??oo8
(Wnl~o.'(l ~'I~!~
(Signature)
[\\€.'t('j{'A.\1l S~~,~-J~
(Printed Name)
~l \\u~~-
(Siglalure)
{\\.(~e.\ t, t\ur,~ ~(
(Prinled Name)
Approved as to form and legal sufficiency:
~~~~
Ellen T, Chadwell, Assistant County Attorney
~i t.uj;~
THLEEN K ERICKSON
9
Agenda Item No. 16A4
June 22, 2004
Page 14 of 26
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009 & 00145200008
EXHIBIT "A"
-
TAX IDENTIFICATION NUMBER: 00145200008
LEGAL DESCRIPTION: THE NORTH 250 FEET OF THE SOUTHWEST QUARTER
(1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION
1 0, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, LYING EAST OF THE ATLANTIC
COAST LINE RAILROAD RIGHT-OF-WAY,
AND
TAX IDENTIFICATION NUMBER: 00145160009
LEGAL DESCRIPTION: THE SOUTH 250 FEET OF THE NORTH 500 FEET OF
THE SOUTHWEST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SECTION 10, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING
EAST OF THE ATLANTIC COAST LINE RAILROAD
RIGHT-OF-WAY,
10
Agenda Item No. 16A4
June 22, 2004
Page 15 of 26
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009 & 00145200008
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between ROBERT W.
ERICKSON and KATHLEEN K. ERICKSON, husband and wife, as an Estate by the
Entireties, whose address is 1377 11111 Court North, Naples, FL 34102-5223,
(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".
1.02 Closing of this transaction is contingent on the successful acquisition of the
adjacent properties, as described by the following Tax Identification Number(s):
(Allen) 00144200009, 00144800001, 00143120009,00145000004,00144880005,
00144840003, (Hains Tr,) 00144440005, 00145480006, (Kraus) 00144920004,
(Livingston Ind, Partner) 00144640009, 00145681009 & 00145680204.
1.03 If Purchaser is unable to successfully acquire those properties identified in
Section 1.02 within one hundred twenty (120) days of the Board of County
Commissioners' execution of this Agreement, this Agreement will terminate and
the parties hereto will have no further liabiflty or obligation to each other.
Termination pursuant to this section will not entitle Seller to liquidated damages
per Section 9.02 of this Agreement.
II. PAYMENT OF PURCHASE PRICE
2,01 The purchase price (the "Purchase PriceD) for the Property shall be Seven
Hundred Sixty Seven Thousand Dollars ($767,000.00), (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 one hundred twenty (120)
days following execution of this Agreement by the Purchaser but not later than
October 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, Aorida. The B"~G~ureN
to be followed by the parties in connection with the Closing shall bG<.GmIiGtlMem o. 16A4
June 22, 2004
Page 16 of 26
1
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009.\ 00145200008
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.
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 B 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, Purchas~glmAi,tltMIlkNo. 16A4
evidence of title an ALTA Commitment for an Owner's Title Insurance ~1Ut 22, 2004
Page 17 of 26
2
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009,\ 00145200008
(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 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 one hundred and twenty (120) days from the date of
this Agreement, ("Inspection Period"), to determine through appropriate
investigation that:
1. Soil tests and engineering studies indicate that the Property can be
developed without any abnormal demucking, soil stabilization or foundations,
2, There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
5,02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5,03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation,
Purchaser shall, in performing such tests, use due care and shall be re~ponsibleN 16A4
for any loss or damages occasioned thereby or as a result of P&€Km~ ~~, o.
June 22, 2004
Page 18 of 26
3
CONSERVATION COLLIER
Tax identification Numbers: 00145160009" 00145200008
Seller shall be notified by Purchaser no less thii:nl:W~ritY-four (24) hours prior to
said inspection of the Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents. shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7,01 Purchaser shall be entitled to full possession of the Property at Closing,
VIII. PRORATIONS
8,01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2003 taxes, and shall be
paid by Seller.
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 including Section 1,03, 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 Iiabifity
or obligation to the other except as set forth in paragraph 13.01, (Real Estate
Brokers), hereof. The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and .that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder, Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All _ 'll:!.c'i'psary
authorizations and approvals have been obtained author~~~EIDil:JNo. 16A4
Purchaser to execute and consummate the transaction contemplated hJ.l4~ 22, 2004
Page 19 of 26
4
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009 & 00145200008
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 Article 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.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, other than Seller's first Mortgage on the Property, Seller shall
not further 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, roid_ ~~jl!!sj~!l or
improvement agreements, utility moratoriums, use moratoriulff!ij~~~tNo. 16A4
moratoriums, administrative or other proceedings or governlllMU" 22, 2004
Page 20 of 26
5
CONSERVATIONCOUJER ,< ",.;
Tax Identification Numbers: 00145160009 & 00145200008 '
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
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. Seller's
duty to indemnify Purchaser for all costs, claims and liabilities is limited to
those costs, claims or liability arising from or related to incidents or matters
occurring.during the Seller's ownership or possession of the property,
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
Comer 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
6
Agenda Item No. 16A4
June 22, 2004
Page 21 of 26
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009 & 00145200008
Naples, Florida 34112
Telephone number: 239-774-8400
Fax number: 239-774-0225
7
Agenda Item No. 16A4
June 22, 2004
Page 22 of 26
CONSERVATION COlliER
Tax identification Numbers: 00145160009 & 00145200008
If to Seller:
Robert W. & Kathleen K. Erickson
1377 111h Court North
Naples, FL 34102-5223
Telephone number: 239-261-7880
Fax number:
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
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. Purchaser warrants that there is no broker or any other person
or entity acting as any real estate broker, salesman or representative on
Purchaser's behalf in connection with the transaction contemplated by this
Agreement.
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 appficable 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 "offerft to purch~e_~B~!ted
by this Agreement is subject to review and recommendation fo""'~1WSf ffieNo. 16A4
une 22, 2004
Page 23 of 26
8
CONSERVATION COLLIER
Tax identification Numbers: 00145160009 & 00145200008
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.)
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:
DONNA FIALA, CHAIRMAN
, Deputy Clerk
AS TO SELLER:
DATED:
WITNESSES:
ROBERT W, ERICKSON
(Signature)
(Printed Name)
(Signature)
(Printed Name)
Agenda Item No. 16A4
June 22, 2004
Page 24 of 26
9
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009 & 00145200008
(Signature)
(Printed Name)
(Signature)
(Printed Name)
Approved as to form and legal sufficiency:
Ellen T. Chadwell, Assistant County Attorney
KATHLEEN K. ERICKSON
10
Agenda Item No. 16A4
June 22, 2004
Page 25 of 26
CONSERVATION COLLIER
Tax Identification Numbers: 00145160009 & 00145200008
EXHIBIT "A"
TAX IDENTIFICATION NUMBER: 00145200008
LEGAL DESCRIPTION: THE NORTH 250 FEET OF THE SOUTHWEST QUARTER
(1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION
10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, LYING EAST OF THE ATLANTIC
COAST LINE RAILROAD RIGHT-OF-WAY.
AND
TAX IDENTIFICATION NUMBER: 00145160009
LEGAL DESCRIPTION: THE SOUTH 250 FEET OF THE NORTH 500 FEET OF
THE SOUTHWEST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SECTION 10, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING
EAST OF THE ATLANTIC COAST LINE RAILROAD
RIGHT-OF-WAY.
Agenda Item No. 16A4
June 22, 2004
Page 26 of 26
11
-
EXECUTIVE SUMMARY
Recommendation to approve four Agreements for Sale and Purchase for 77.31 acres
known as the American Business Park under the Conservation Collier Land Acquisition
Program at a cost not to exceed $21,311,050.
OBJECTIVE: Request approval and execution of the attached four Agreements for Sale and
Purchase (Agreements) between the Board of County Commissioners (Board) and (1)
Chri!\topher 1. & Carolyn Sue Allen, (2) Timothy G. Hains, Trustee, (3) Cheryl R. Kraus,
Trustee, and (4) Livingston Industrial Partners, L.L.C. (Sellers).
CONSIDERATIONS: On January 27,2004, Agenda Item lOA, the Board approved a Collier
Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active
Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties
undcr the Conservation Collier Program.
The CCLAAC has approved this transaction and on June 14,2004, voted to recommend Board
approval and execution of lhe attached Agreements.
The American Business Park parcels, as referred to on the Acquisition List, is made up of four
different ownerships containing a total of 77.31 acres located easterly of Old U.S. 41 on the
north side of the proposed East/West Livingston Road extension. The following list provides the
__ owners' names, acreage, and purchase price of each:
SELLER
Christopher 1. & Carolyn Sue Allen
Timothy G. Hains, Trustee
Cheryl R. Kraus, Trustee
Livingston Industrial Partners, L.L.C.
ACREAGE
PURCHASE PRICE
31.03
5.29
5.00
35.99
$8,516,000
$1,600,850
$1,365,200
$9,718,000
The purchase price of each parcel was based upon the average of two independent, state-certified
gencral real estate appraisers. in accordance with the approved Conservation Collicr Purchasing
Policy.
Because lhe ranking of the American Business Park was based upon the four parcels existing as
one larger parcel, closing on each parcel is contingent upon simultaneous closing of the
remaining parcels. The attached Agreements for Sale and Purchase provide that should the
County elect not to close a transaction for any reason, except for default by the Seller, the
County will pay the Seller liquidated damages as follows:
Christopher 1. & Carolyn Sue Allen
Timothy G. Hains, Trustee
Cheryl R. Kraus, Trustee
Livingston Industrial Partners, L.L.c.
-
----,,,....~....".,,.~
$80,000
$15,000
$ 1,365
$95,000
1
Agenda Item No. 16A5
June 22, 2004
Page 1 of 98
EXECUTIVE SUMMARY
Conservation Collier - American Business Park
Page 2
Pursuant to Ordinance 2003-63, Section 13(8). a Project Design Report for thc property is
provided herewith.
Each Agreement has been reviewed and approved by the County Attorney's Office and
Environmental Services Department.
FISCAL IMPACT: The total cost of acquisition will not exceed $21,311,050 ($21,200,050 for
the four parcels, $40,000 for appraisals, and approximately $71,000 for title commitments, title
policies, and recording of documents). The funds will be withdrawn from the Conservation
Collier Trust Fund (172).
Staff has initiated work on the general obligation bond for Conservation Collier land acquisition.
However, in the event a general obligation bond cannot be issued to meet the late summer
closing requirements for this purchase, staff is prepared to use a Commercial Paper loan or
similar short-term financing instrument. The general obligation bond proceeds would then be
used to retire the Commercial paper loan.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is
consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management
Element of the Collier County Growth Management Plan.
RECOMMENDATION: Staff is recommending the Board of County Commissioners:
1. Approve the attached Agreements and accept the Warranty Deeds once they have
been received and approved by the County Attorney's Office; and
2. Authorize Chairman Fiala to execute the Agreements and any and all other County
Attorney's Office approved documents related to these purchases; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
4. Direct staff to proceed to acquire the parcels, to follow all appropriate closing
procedures, and to record the deeds and any and all documents necessary to obtain
clear title.
5. Approve any necessary budget amendments.
....-...,
2
Agenda Item No. 16A5
June 22, 2004
Page 2 of 98
Conservation Collier Land Acquisition Program
Project Design Report
Date: June 22, 2004
Conservation Collier America's Business Park
and Erickson Location Map
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See Map Attachments for locations of s])ecific ownership areas
Property Owner and Folios:
Livingston Industrial Partners L.L.C.
00144640009,00145681009.00145680204
Christopher L. and Carolyn Sue Allen
00144200009,001448??oo1.00143120009
00145000004,00144880005,00144840003
Cheryl R. Kraus, Trustee for White Sands Florida Land Trust
00144920004
Timothy J. Haines, Trustee
00144440005,00145480006
...-...
Location: Within the Railhead Industrial area, just east of Old U.S. 41 and south of the Collier-
Lee County line for approximately 76 acres and includes a small approx I-acre non-contiguous
parcel to the west.. across Old U.S. 41, which is part of the Allen group of parcels.
Agenda Item No. 16A5
June 22, 2004
Page 3 of 98
3
Size:
Livingston Industrial Partners LLC: 35.99 acres
Christopher L. and Carolyn Sue Allen: 30.64
Cheryl R. Kraus, Trustee for White Sands Florida Land Trust: 4.91 acres
Timothy J. Haines, Trustee: 5.76 acres
Total Acreage: 77.31 acres
AppraisaVOtTer Amount:
Livingston Industrial Partners LLC: $9,718,000
Christopher L. and Carolyn Sue Allen: $8,516,000
Cheryl R. Kraus, Trustee [or White Sands Florida Land Trust: $1,365,200
Timothy J. Haines, Trustee: $1,600,850
Total Offer Amount: $21,200,050
Historv of Project:
~,_a
Received Selected for the Approved for Purchase offer Contract Signed
application "A" category, purchase by made to owners
#1 priority, on BCC
the Active
Acquisition List
by CCLAAC
8/29/03 12/15/03 1/27/04 4/30/04- 5/17/04
Purpose ofProiect: Conservation Collier
ProeraJD Qualifications:
These are a group of,12 parcels under 4 separate ownerships but considered as one project under
the name of America's Business Park. Program qualifications considered included ecological
value, significance for water resources, human values! aesthetics, vulnerability to development
and management potential. There is a contingency agreement that all parcels or none will be
considered and purchased.
Considering ecological criteria, this group of parcels is an outstanding example of one of the
unique and endangered plant communities listed as preferred by the Conservation Collier
Ordinance (xeric oak scrub), yet it is also diverse in habitats, containing wetlands, palmetto
prairie, pine flatwoods, cypress, a marsh and a freshwater ephemeral pond. It is suitable habitat
for and currently supports a population of Gopher Tortoises, a species listed by the state as a
Spccies of Special Concern. Additionally, state listed plant species, Fuzzy Wuzzy Air plant
(Tillandsia pruinosa) (Endangered) and Wild Coco orchid (Eulophia alta) (Threatened) were
observed during a site visit. Soils permit significant surficial aquifer recharge and wetlands on
site provide habitat [or wetland dependent species.
...-
4
Agenda Item No. 16A5
June 22, 2004
Page 4 of 98
Tn c,.l1i';fying human values and aesthetic criteria, it was noted that while public access does not
presently exist, the parcel will front on the planned east/west Livingston Road, to be constructed
withi r; 'I iI' next several years, for which county right-of-way has already been acquired. A
coumy park and school are also planned for neighboring properties. Additionally, the nearly
pristine (except for trespass trails) scrub habitat is considered an outstanding aesthetic feature.
In considering vulnerability to dcvelopmcnt, it was notcd that a proposed industrial park projcct
(Amcrii':l<, Business Park) had already passed the preliminary plat approval stage and plans were
reud:", pr,;cnt to Development Services staff for review. Additionally, the Florida Fish and
G,ur:; C;'I'I,crvation Commission had already issued a take peTIllit for Gopher Tortoises for a
portion of the property. Other necessary state and federal permits had already been secured or
\VCfC IJ:idcl review.
In regards to satisfying management criteria, the properties demonstrated positively, as no
hydr\)~",i';', changes are necessary to sustain site characteristics, exotic plant coverage is
rc\::; ".j) i,:\V (13%) and most of this is concentrated in areas where mechanical removal can
eas.il., he done. Additionally, planned management activities can utilize the site either
minimally, with low impact trails or more substantially, with potential for a boardwalk trail
through wetlands, as additional grant funding is secured. The only negative in regards to
managt'ment is a significant trespass issue, which will require measures to be taken (i.e. fencing)
to eliminate off-road vehicular access. See the Initial Criteria Screening Report for full criteria
evaluation.
,.-~
This group of parcels is adjacent to two parcels (Erickson - 3.02 acres total) that are also being
considered with a contingency attached. Conservation Collier must purchase America's
Business Park parcels in order to purchase the Erickson parcels.
Proiected Mana2ement Activities:
Initially, it is proposed that the property be fenced to exclude off-road vehicular trespass and that
exotic plants be removed. A trail/trails can be developed from existing ones and as access is
more fully available though construction of east/west Livingston Road, and nearby planned
schools and park are developed, site management can include interpretive signs, a boardwalk,
parking area and marked trails. Additionally, there is potential for use of the area to relocate
Gopher Tortoises displaced by development in other areas.
--
5
Agenda Item No. 16A5
June 22, 2004
Page 5 of 98
M3p Attachment 1. Livingston Industrial Partners ownership
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Agenda Item No. 16A5
June 22, 2004
Page 6 of 98
Map attachment 2. Allen ownership
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Agenda Item No. 16A5
June 22, 2004
Page 7 of 98
Map attachment 3. White Sands Florida Land Trust ownership
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Agenda Item No. 16A5
June 22, 2004
Page 8 of 98
Map attachment 4. Haines ownership
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Agenda Item No. 16A5
June 22, 2004
Page 9 of 98
-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
'16A5
Recommend;;)t:on to approve four Agreernents for Sa:e and purchase fe-r -/"1.3-1
acres known ,,5 me Amr:rican Businf:~h<; Park under the Gonsr:rv<lti"n CGlli;~r
Land Ac:quismor. Progrr:.l:T1 at a c...os! not to excf:ec $~~1131 1JIEjO.
dl22i2G04 S:OO:OG AM
517f2(l(14 0:34039 AM
Prepared By
Cindy M. Forb
Al1mlnistr.ativa &"rv!cas
Senim. Prop6/ty AC<';:Jl~l(icn Speda!ist
FacmUas Man,"YIl/l1ant
l:h~t..
Approved By
Mlch~al Smykowsld
County Manag"r's Offica
M:<n~galY:/wt & Sudgat Ol:-er;;tOI'
Offi€:& (If Manag(lment 8. Budg"t
ut1212GG4 1 :42 PM
Date
Approved By
James 'I, Mudd
80ard of County
Commissioners
County M'1r:agllr
County Managllr's Officlt
l)t14i2GG4 2:26 PM
Approved By
Oate
Alllxam!:a J. Sulllckl
Community DevlIlopment &
Environmental Services
Senior Environmental Specialist
Environm;:ntal S;:Nlces
6i7!2(1(14 9:2"1 AM
Approved By
Charles E, Carrington, Jr,. SRI
WA
Administrative SarviclIs
Raal Estate Servlc&s Manager
Pate
Approved By
f'aciHties Management
6!712(1(1412:07 PM
Sandra lEl21
Community Development &
Envlronmltntal Services
Executive Secretary
Communily Development &
Environmental Ser"kes Admin,
o ate
51712(1(142:11 PM
Approved By
Datlt
William D.LoNlr-oZ, Jr., P,E.
Communlty ~velopmElnt &
environmental SarvlclIs
Environmental Ser,,!;;es Director
Approved By
En'lironment.a; Set~v;co\1$
6i8i2004 3:25 A..-d
Joseph K. S;:hmltt
Community Development &
Erl'lironmental Services
Community Development "-
Environmental Services Admlnstrntcr
Oata
Communily Development 8.
Environmental SeNIC<lS Admin.
6!a!2ilil4 3:35 P'"
Oata
Approved By
Pat lehnhard
County Manager's Office
Admin!!'otratlliu Asslst.mt
Office of ManagemElnt 6. 8udget
Mli2(1(1410:11 AM
Date
Approved By
Marl< Isa.;kson
County Manage.'s Offlce
8udget Analyst
OfflCfI of Managament " SUdglolt
6[9i2004 2:115 PM
Agenda Item No, 16A5
June 22, 2004
Page 10 of 98
CONSERVATION COLLIER
Tax identification Numbers: 00144200009,00144800001,00143120009,001450??oo4,00144880005 &
00144840003
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Christopher L.
Allen and Carolyn Sue Allen, whose address is 555 Hickory Road, Naples, FL
34108, (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",
1.02 Both parties' obligations under this Agreement are contingent on the prior or
simultaneous closing of Purchaser's purchase of the following tracts of real property
(collectively the "Adjacent Parcels") that are adjacent to the Property (as described by
the following Tax Identification Numbers): (Livingston) 00144640009, 001456810009,
00145680204, (Hains Tr.) 00144440005, 00145480006, & (Kraus Tr.) 00144920004.
Purchaser warrants to and covenants with Seller that Purchaser shall diligently pursue
the purchase of the Adjacent Parcels, and shall timely fulfill each of Purchaser's
obngations under the respective purchase contracts for the Adjacent Parcels.
1.03 If Purchaser, despite Purchaser's diligent good faith efforts, is unable to
successfully acquire the Adjacent Parcels within Ninety (90) days of the Board of
County Commissioners' execution of this Agreement, this Agreement will terminate and
the respective parties hereto will have no further nability or obligation to each other.
Termination pursuant to this section will not entitle Seller to liquidated damages under
Section 9.02 of this Agreement; provided that a default by Purchaser under any contract
for the purchase of the Adjacent Parcels shall be a default under this Agreement.
1.04 At or prior to Closing, Seller shall cancel any and all application submittals to any
governmental entity for zoning changes, development approvals, or permitting, and
shall satisfy in full any Seller commitments, fees, and/or other obligations related to or
encumbering the Property.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Eight Million
Five Hundred Sixteen Thousand Dollars ($8,516,000), (U,S. Currency) payable at
time of closing.
III. CLOSING
Agenda Item No. 16A5
June 22, 2004
Page 11 of 98
1
CONSERVATION COLLIER
Tax Identiflcation Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held within Ninety (90) days following execution of this
Agreement by the Purchaser, 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 marketable title of the Property to Purchaser free
of any liens, reservations, or enCJJmbrances. 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 (the "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.
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 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 B Title Policy, issued pursuant to the Commitment
provided for in Section 4.011 below, shall be paid by Purchaser. All costs and fees
associated with the Commitment and Purchaser's acquisition and/or development loan,
if any, shall be paid by Purchaser,
2
Agenda Item No. 16A5
June 22, 2004
Page 12 of 98
CONSERVATION COlliER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the tax amount for 2003 and paid by Seller.
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 TA Form 8-1970) covering the Property, together with
hard copies of all exceptions shown thereon (the "Commitment").
Purchaser shall have Forty-five (45) 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 (the "Title Objections"),
4.012 Upon notification of Purchaser's Title Objections, Seller shall have
thirty (30) days to remedy, at its sole expense and using diligent, good
faith efforts, any such Title Objections as Seller decides, in Seller's sole
discretion, to cure. In the event Seller is unable or unwilling to cure said
Title Objections within said time period, Purchaser, by providing written
notice to Seller within seven (7) days after receipt of Seller's notice
thereof, may accept title as it then is, waiving such Title Objections, or
Purchaser may terminate the Agreement. Seller's failure to respond to
any request by Purchaser to cure any Title Objections shall be deemed an
election by Seller to not cure any such Title Objections.
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 Exhibits "A," if
any. If the survey obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the Property; or (b)
that an improvement located on the Property projects onto lands of others,
or (c) lack of legal access, the Purchaser shall, within the Forty-five (45)
day title objection period set forth in Paragraph 4.011 of this Agreement,
notify the Seller in writing of the encroachment, projection or lack of legal
access, and Seller shall treat itlthem as Title Objections. Purchaser must
raise any objections arising from matters revealed by Purchaser's survey
within the 45 day title objection period set forth in Paragraph 4.011 of this
Agreement or such objections are waived. Purchaser agrees and
acknowledges that the standard survey exceptions contained in the
Commitment shall be included in the owner's policy to be issued to
Purchaser unless Purchaser obtains a current survey of the Property that
meets Florida's minimum technical standards for surveys and is certified to
Purchaser, Purchaser's lender, if any, Title Agent, and the title insurance
underwriter.
V. INSPECTION PERIOD
5.01 Purchaser shall have Sixty (60) days from the date of this Agreement
("Inspection Period") to determine through appropriate investigation that the Property
can be utilized for its intended purpose as county conservation lands, and is in
compliance with all applicable State and Federal environmental laws and free from any
pollution or contamination. Seller, to the best of Seller's knowledge, has delivered to
Purchaser copies of all previously obtained due diligence documents with respect to the
Property, including without limitation all surveys, environmental assessments, soil tests,
endangered species assessments, and related tests, summaries, or documents in the
Agenda Item No. 16A5
June 22, 2004
Page 13 of 98
3
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
actual possession of Seller. Purchaser acknowledges receipt of such due diligence
documents from Seller.
5.02 Purchaser may terminate this Agreement by written notice to Seller before
expiration of the Inspection Period in Purchaser's sole discretion and without reason, If
Purchaser fails to properly terminate this Agreement before expiration of 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 due diligence and inspection documents
obtained by Purchaser with respect to the Property during the Inspection Period (the
"Diligence Documents"), including without limitation all engineering reports and
environmental and soil testing results.
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 non-destructive site analyses, and reasonably necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the Property. If
Purchaser terminates this Agreement in accordance with its terms, Purchaser shall pay
in full the cost of all inspections, reports, surveys, and tests of any kind resulting from
Purchaser's inspection so that no person, firm, or entity shall have the right to file a lien
on the Property. Purchaser or Purchaser's agents shall not conduct any inspection so
as to cause damage to the Property, and Purchaser shall restore the Property to its pre-
inspection condition not later than ten (10) days after any such damage occurs. This
provision shall survive termination of this Agreement.
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 DELETED.
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 in the event Purchaser fails to perform any of the other terms,
covenants and conditions of this Agreement following ten (10) days notice and
opportunity to cure, then Seller, as its sole remedy, shall have the right to cancel this
Agreement for such default, in which case Purchaser shall pay to Seller the sum of
Eighty Thousand Dollars ($80,000) as agreed-upon liquidated damages. In the event of
a suit by Seller to enforce its rights under this Paragraph 9.02, the prevailing party or
parties shall be entitled to recover reasonable paralegal and attorneys' fees and other
costs incurred in that action or proceeding, including those related to appeals. The
terms of this Paragraph 9.02 shall survive termination of this Agreement.
Agenda Item No. 16A5
June 22, 2004
Page 14 of 98
4
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009, 00144800001, 00143120009, 00145000004, 00144880005 &
00144840003
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 Article 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.
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 Seller has no knowledge of: any
incinerators, septic tanks or cesspools on the Property; any waste being
discharged from the Property into any disposal system or receptacle other
than a public sanitary sewer system; any pollutants are or have been
discharged from the Property, directly or indirectly into any body of water;
any prior or present use of the Property 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, nor of any
proceeding or inquiry by any authority with respect thereto; any ground
water contamination on the Property or potential of ground water
contamination from neighboring properties; any storage tanks for gasoline
Agenda Item No. 16A5
June 22, 2004
Page 15 of 98
5
CONSERVATION COLLIER
Tax identification Numbers: 00144200009, 00144800001, 00143120009, 00145000004, 00144880005 &
00144840003
or any other substances presently or previously located on or under the
Property; or any prior or present use of the Property as a sanitary landfill.
10.01 B 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 To the best of Seller's knowledge, 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 pendng 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 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 DELETED.
10,023 DELETED.
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:
6
Agenda Item No. 16A5
June 22, 2004
Page 16 of 98
If to Purchaser:
Alexandra Suleckl, Coordinator
CONSERVATION COLLIER
Tax Identification NumblH'S: 00144200009,00144800001,00143120009,00145000004, oo14lUl80005 &
00144340003
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: EUen 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: Attn: Christopher L. Allen
555 Hickory Road
Naples. FL 34108;( ~ /
Telephone number:'(I39/S-1cf-~O -/ 5?0~ ..,~fi(
Fax number: (;;2~) c:;-(o(# - _IS:-
With a Copy To: John M, Passidomo
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South
Naples, FL 34102
Telephone number: 239-261-9300
Fax No.: (239) 261-0884
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 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 Purchaser and Seller warrant and represent to the other that ea~h party has not
dealt with any broker, Each party shall pay any brokerage fees or commissions due
and payable to any agent or broker retained by such party relative to the purchase and
sale of the Property. These warranties and representations shall survivd Closing.
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 ~nefit 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 partieis 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.
7
Agenda Item No. 16A5
June 22, 2004
Page 17 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
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,)
13.10 This Agreement is governed and construed in accordance with the laws of the
State of Florida,
13,11 In addition to the acts recited in this Agreement to be performed by Seller and
Purchaser, Seller and Purchaser agree to perform or cause to be performed any and all
such further acts as may be reasonably necessary to consummate the transaction
contemplated hereby.
13,12 Purchaser acknowledges that Seller may be selling such the Property as part of
a like-kind exchange under Section 1031 of the Internal Revenue Code and the
regulation promulgated thereunder. Purchaser agrees to cooperate with Seller in
completing such exchange and in that regard, Seller may assign its rights and
obligations under this Agreement to Seller's intermediary in order to complete the
exchange, provided that such assignment will not release Seller from its obligations
under the Agreement. Such cooperation by Purchaser will not impose any additional
obligations or expenses on Purchaser which are not reimbursed by Seller,
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.
8
Agenda Item No. 16A5
June 22, 2004
Page 18 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009,001450??oo4,00144880005 &
00144840003
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:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
9
Agenda Item No. 16A5
June 22, 2004
Page 19 of 98
CONSERVATION COLUER
Tax Identlllcalion Numbln: 00144200009.00144800001,00143120009. 0014500ooD4, 00144880005 &
00144840003
AS TO SELLER:
DATED: (..0 I"> hf
WITNESSES:
~/f2,~
(Splure)
OY OJ,. -,Q~ QrrDJ)
CHRISTOPH AL~
(Signature)
lJ:d~
(Printed Name)
~
(Signature)
CJ
J{~
(Printed Name)
~~.~
(Signature) .
~~" /11. ~~
(Printed Name)
.y~
CARD - N SUE : LEN
Approved as to fonn and
legal sufficiency:
.JJJ~ V ~
Ellen T. Chadwell
Assistant County Attomey
10
Agenda Item No. 16A5
June 22, 2004
Page 20 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
EXHIBIT "A"
1 of 2
TAX IDENTIFICATION NUMBER: 00143120009
LEGAL DESCRIPTION: EAST HALF (1/2) OF NORTHWEST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4) AND
NORTH HALF (1/2) OF SOUTHWEST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4), ALL
IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
AND
TAX IDENTIFICATION NUMBER: 00144200009
LEGAL DESCRIPTION: THE SOUTH 229.09 FEET OF THE NORTHWEST
QUARTER (1/4) OF THE SOUTHEAST (1/4), LYING EAST
OF THE RAILROAD RIGHT-OF-WAY, SECTION 10,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; ALSO DESCRIBED AS:
BEGINNING AT THE SOUTHEAST CORNER OF THE
NORTHWEST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SECTION 10, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; RUN
NORTH 89 DEGREES 59'02" WEST 218,77 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE
A,C.L. RAILROAD RIGHT-OF-WAY AND A POINT ON A
CURVE; THENCE 232.26 FEET ALONG THE ARC OF A
CIRCULAR CURVE, RADIUS 22853.3 FEET CHORD
232,26 FEET CHORD BEARING NORTH 09 DEGREES
35'51", ALONG SAID EASTERLY RIGHT-OF-WAY LINE;
THENCE SOUTH 89 DEGREES 59'02" EAST 174.49 FEET;
THENCE SOUTH 01 DEGREES 23'23" EAST 229.09 FEET
TO THE POINT OF BEGINNING.
AND
TAX IDENTIFICATION NUMBER: 00144800001
LEGAL DESCRIPTION: THE SOUTH HALF (1/2) OF THE SOUTHWEST
QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF
THE SOUTHEAST (1/4) OF SECTION 10, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;
SUBJECT TO AND TOGETHER WITH AN EASEMENT
FOR ROADWAY IN FAVOR OF THE GRANTEES AND
THEIR RESPECTIVE HEIRS, SUCCESSORS AND
ASSIGNS AND ALSO IN FAVOR OF ALL CURRENT
OWNERS OF THE ABUTTING LAND AND THE PUBLIC
OVER AND UNDER THE EAST 30 FEET OF THE WEST
HALF (1/2) OF THE EAST HALF (1/2) OF THE
SOUTHEAST QUARTER (1/4) OF SAID SECTION 10.
11
Agenda Item No. 16A5
June 22, 2004
Page 21 of 98
CONSERVATION COLLIER
Tax identifIcation Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
-
EXHIBIT" A"
2 of 2
AND
TAX IDENTIFICATION NUMBER: 00144840003
LEGAL DESCRIPTION: NORTH HALF (1/2) OF SOUTHEAST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4),
SUBJECT TO ROAD EASEMENT ON WEST 30 FEET OF
EAST HALF (1/2) OF EAST HALF (1/2) OF SOUTHEAST
QUARTER (1/4), SECTION 10, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
AND
TAX IDENTIFICATION NUMBER: 00144880005
LEGAL DESCRIPTION: SOUTH HALF (1/2) OF NORTHEAST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4),
SUBJECT TO ROAD EASEMENT ON WEST 30 FEET OF
EAST HALF (1/2) OF EAST HALF (1/2) OF SOUTHEAST
QUARTER (1/4), SECTION 1 0, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
AND
TAX IDENTIFICATION NUMBER: 00145??oo04
LEGAL DESCRIPTION: NORTH HALF (1/2) OF NORTHEAST QUARTER (114) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4),
SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
,-
12
Agenda Item No. 16A5
June 22, 2004
Page 22 of 98
CONSERVATION COLLIER
Tax Identification Number: 00144920004
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between CHERYL R.
KRAUS, AS TRUSTEE OF THE WHITE SANDS FLORIDA lAND TRUST DATED
MAY 9, 2000, whose address is 1075 Goodlette Road, Naples, FL 34102-5449,
(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",
1.02 This Agreement is contingent on the simultaneous closing of the purchase
of the adjacent properties, as described by the following Tax Identification
Number(s): (Allen) 00144200009, 00144800001, 00143120009, 00145000004,
00144880005, 00144840003, (Hains Tr.) 00144440005, 00145480006,
(Livingston Ind. Partner) 00144640009, 00145681009, & 00145680204,
1.03 If Seller is unable to successfully acquire those properties identified in
Section 1.02 within one hundred twenty (120) days of the Board of County
Commissioners' execution of this Agreement, this Agreement will terminate and
the parties hereto will have no further liability or obligation to each other.
Termination pursuant to this section will not entitle Seller to fiquidated damages
per Section 9.02 of this Agreement.
1.04 Seller understands and agrees that prior to closing, Seller will cancel any and
all application submittals to any governmental entity for zoning changes,
development approvals or permitting, and satisfy any Seller commitments, fees
and lor other obligations, if any.
II. PAYMENT OF PURCHASE PRICE
2,01 The purchase price (the "Purchase Price") for the Property shall be One
Million Three Hundred Sixty Rve Thousand Two Hundred Dollars
($1,365,200), (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 one hun~~tltm)No. 16A5
days following execution of this Agreement by the Purchaser but not later June 22, 2004
1 Page 23 of 98
CONSERVATION COLLIER
Tax Identification Number: 00144920004
than October 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
appticable 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.
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 ,
Rorida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B 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.
2
Agenda Item No. 16A5
June 22, 2004
Page 24 of 98
CONSERVATION COLLIER
Tax Identification Number: 00144920004
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 ALTA 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 eHorts 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 one hundred and twenty (120) days from the date of
this Agreement, ("Inspection Period"), to determine through appropriate
investigation that:
1, Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose,
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deenAgilill&8:llteoo No. 16A5
June 22, 2004
3 Page 25 of 98
CONSERVATION COLLIER
Tax ldenlific:lltlon Number: 00144920004
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 efltry.
Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to
said inspection of the Property.
VI. INSPECTION
6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable. after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2003 taxeS, and1shall be
paidbySeller.,..~ c.\'~,,,~, .k~t f'IJf'^~"'.{
,...((1. .""Ir ~ ((u.-
IX. lERMINA liON AND REMEDIES c.~tf
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 10 seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to MY of the
provisions authorizing such termination including Section 1.03, 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-tenth of
one percent (.1%) of the purchase price shall be paid to Seller as liquidated
damages which shall be Seller's sole Md exclusive remedy, and neither party
sha. have MY further liability or obligation to the other except as set forth in
paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and
agree that Seller's actual damages in the event of Purchaser's default are
uncertain in amount and difficult to ascertain, and that said amount of liquidated
damages was reasonably determined by mutual agreement between the parties,
and said sum was not intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
\0 each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
X. SEUER'SAND PURCHASER'S REPRESENTATIONS AND WARRANTIES
4
Agenda Item No. 1 AS
, June 22, 2 04
Page 26 0 98
10.Q1 Seller and Purchaser represMt and warrant the following:
CONSERVATION COLLIER
Tax Identification Number: 00144920004
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, defiver, 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 Article 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.
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.
10,01 B 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 foAtwlWda,ltem No. 16A5
June 22, 2004
Page 27 of 98
5
.
CONSERVATION COLLIER
Tax Identification Number: 00144920004
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
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 Df 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
6
Agenda Item No. 16A5
June 22, 2004
Page 28 of 98
CONSERVATION COLLIER
Tax Identification Number: 00144920004
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
With a copy to:
If to Seller:
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
Ellen T. ChadweU
Assistant County Attorney
OffICe of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-n4-8400
Fax number: 239-774.0225
Cheryl R. Kraus, Trustee of the
White Sands Florida Land Trust Dated May 9, 2000
1075 Goodlette Road
Naples, FL 34102-5449
Telephone number: .2 3<::\ - 2!p1' r I \ C,
Fax number: 2- 3"1 - Lit> \ - ~-l'..t1
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
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 indemnity 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 01 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.
7
Agenda Item No. ~6A5
June 22, 2004
Page 29 lot 98
CONSERVATION COllIER
Tax Identification Number: 00144920004
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,)
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 moaification or amendment of this
Agreement shall be of any force or effect unless m2de in writing and executed and
dated by both Purchaser and Seller. TIme is of (he"".s,~r.cP of this Agreement.
IN WITNESS WHEREOF, the parties hereto set forth their har::i~ seals.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:___,,_
DONNA FIALA, CHAIRMAN
Agenda Item No. 16AS
June 22, 2004
Page 30 of 98
8
CONSERVATlON COlliER
Tax Identification Number: 00144920004
AS TO SELLER:
DATED:~
WITNESSES:
"-~\~~
(Signature)
Approved as to form and
legal sufficiency:
& t} d~
t:llen T. Chadwell
Assistant County Attorney
BY: ~~~
CHERYL R. US, as Trustee of the
White Sands Rorida Land Trust
dated May 9,2000
9
Agenda Item No. 16A5
June 22, 2004
Page 31;of 98
CONSERVATION COllIER
Tax identification Number: 00144920004
EXHIBIT "A"
TAX IDENTIFICATION NUMBER: 00144920004
LEGAL DESCRIPTION: THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER
(1/4) OF THE NORTHEAST QUARTER (1/4) OF THE
SOUTHEAST QUARTER (1/4) OF SECTION 10,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLUER
COUNTY, FLORIDA,
10
Agenda Item No. 16A5
June 22, 2004
Page 32 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144440005 & 00145480006
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Timothy G. Hains,
as Trustee of the 10-48-25 Land Trust, whose address is c/o Quarles & Brady, 1395
Panther Lane - Suite 300, Naples, FL 34109, (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".
1.02 Both parties' obligations under this Agreement are contingent on the prior or
simultaneous closing of Purchaser's purchase of the following tracts of real property
(collectively the "Adjacent Parcels") that are adjacent to the Property (as described by
the following Tax Identification Numbers): (Livingston) 00144640009, 001456810009,
00145680204, (Allen) 00144200009, 00144800001, 00143120009, 00145000004,
00144880005, 00144840003, & (Kraus Tr.) 00144920004. Purchaser warrants to and
covenants with Seller that Purchaser shall diligently pursue the purchase of the
Adjacent Parcels, and shall timely fulfill each of Purchaser's obligations under the
respective purchase contracts for the Adjacent Parc.els.
1,03 If Purchaser, despite Purchaser's diligent good faith efforts, is unable to
successfully acquire the Adjacent Parcels within Ninety (90) days of the Board of
County Commissioners' execution of this Agreement, this Agreement will terminate and
the respective parties hereto will have no further liability or obligation to each other.
Termination pursuant to this section will not entitle Seller to liquidated damages under
Section 9.02 of this Agreement; provided that a default by Purchaser under any contract
for the purchase of the Adjacent Parcels shall be a default under this Agreement.
1,04 At or prior to Closing, Seller shall cancel any and all application submittals to any
governmental entity for zoning changes, development approvals, or permitting, and
shall satisfy in full any Seller commitments, fees, and/or other obligations related to or
encumbering the Property,
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be One Million
Six Hundred Thousand Eight Hundred Fifty Dollars ($1,600,850), (U.S. Currency)
payable at time of closing.
III. CLOSING
1
Agenda Item No. 16A5
June 22, 2004
Page 33 of 98
CONSERVATION COlliER
Tax Identification Numbers: 00144440005 & oo14S480006
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held within Ninety (90) days following execution of this
Agreement by the Purchaser, 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 marketable title of the Property to Purchaser free
of any liens, reservations, or encumbrances. 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 (the "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.
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 Deed, in accordance with Chapter 201.01, Florida StaMes, and
the cost of recording any instruments necessary to clear Seller's title to the Property,
The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment
provided for in Section 4.011 below, shall be paid by Purchaser. All costs and fees
associated with the Commitment and Purchaser's acquisition and/or development loan,
if any, shall be paid by Purchaser.
2
Agenda Item No. 16A5
June 22, 2004
Page 34 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144440005 &. 00145480006
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the tax amount for 2003 and paid by Seller.
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 andlor 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 (ALT A Form 8-1970) covering the Property, together with
hard copies of all exceptions shown thereon (the "Commitment").
Purchaser shall have Forty-five (45) 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 (the "Title Objections"),
4.012 Upon notification of Purchaser's Title Objections, Seller shall have
thirty (30) days to remedy, at its sole expense and using diligent, good
faith eHorts, any such Title Objections as Seller decides, in Seller's sole
discretion, to cure. In the event Seller is unable or unwilling to cure said
Title Objections within said time period, Purchaser, by providing written
notice to Seller within seven (7) days after receipt of Seller's notice
thereof, may accept title as it then is, waiving such Title Objections, or
Purchaser may terminate the Agreement. Seller's failure to respond to
any request by Purchaser to cure any Title Objections shall be deemed an
election by Seller to not cure any such Title Objections.
4.013 Purchaser shall have the option, at its uwn 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 Exhibits "A," if
any, If the survey obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the Property; or (b)
that an improvement located on the Property projects onto lands of others,
or (c) lack of legal access, the Purchaser shall, within the Forty-five (45)
day title objection period set forth in Paragraph 4.011 of this Agreement,
notify the Seller in writing of the encroachment, projection or lack of legal
access, and Seller shall treat itJthem as n!9 Objections. Purchaser must
raise any objections arising from matters revealed by Purchaser's survey
within the 45 day title objection period set forth in Paragraph 4.011 of this
Agreement or such objections are waived. Purchaser agrees and
acknowledges that the standard survey exceptions contained in the
Commitment shall be included in the o.....!IGr's pJlicy to be issued to
Purchaser unless Purchaser obtains a currt:I'li survey of the Property that
meets Florida's minimum technical standaids for s,;~'Ieys and is certified to
Purchaser, Purchaser's lender, if any, Title Agent, and the title insurance
u nde rwriter.
V, INSPECTION PERIOD
5,01 Purchaser shall have Sixty (60) days frcrr. tha ::!J.te of this Agreement
("Inspection Period-) to determine through appropriate investigation that the Property
can be utilized for its intended purpose as county conservation lands, and is in
compliance with all applicable State and Federal environmemai laws and free from any
pollution or contamination. Seller, to the best of Seller's knowledge, has delivered to
Purchaser copies of all previously obtained due diligence documents with respect to the
Property, including without limitation all surveys, environmentai assessments, soil tests,
endangered species assessments, and related tests, slirnmaries, or documents in the
Agenda Item No. 16AS
June 22, 2004cPage 35 of 98
3
CONSERVATION COLLIER
Tax identification Numbers: 00144440005 & 00145480006
actual possession of Seller. Purchaser acknowledges receipt of such due diligence
documents from Seller,
5,02 Purchaser may terminate this Agreement by written notice to Seller before
expiration of the Inspection Period in Purchaser's sole discretion and without reason. If
Purchaser fails to properly terminate this Agreement before expiration of 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 due diligence and inspection documents
obtained by Purchaser with respect to the Property during the Inspection Period (the
"Diligence Documents"), including without limitation all engineering reports and
environmental and soil testing results,
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 non-destructive site analyses, and reasonably necessary investigation,
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the Property. If
Purchaser terminates this Agreement in accordance with its terms, Purchaser shall pay
in full the cost of all inspections, reports, surveys, and tests of any kind resulting from
Purchaser's inspection so that no person, firm, or entity shall have the right to file a lien
on the Property. Purchaser or Purchaser's agents shall not conduct any inspection so
as to cause damage to the Property, and Purchaser shall restore the Property to its pre-
inspection condition not later than ten (10) days after any such damage occurs. This
provision shall survive termination of this Agreement.
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 DELETED.
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 in the event Purchaser fails to perform any of the other terms,
covenants and conditions of this Agreement following ten (10) days notice and
opportunity to cure, then Seller, as its sole remedy, shall have the right to cancel this
Agreement for such default, in which case Purchaser shall pay to Seller the sum of
Fifteen Thousand Dollars ($15,000) as agreed-upon liquidated damages. In the event
of a suit by Seller to enforce its rights under this Paragraph 9.02, the prevailing party or
parties shall be entitled to recover reasonable paralegal and attorneys' fees and other
costs incurred in that action or proceeding, including those related to appeals, The
terms of this Paragraph 9.02 shall survive termination of this Agreement.
Agenda Item No. 16A5
June 22, 2004
Page 36 of 98
4
CONSERVATION COlliER
Tax ldentHicatlon Numbers: 00144440005 lie 00145480006
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 Article 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.
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 Seller has no knowledge of: any
incinerators, septic tanks or cesspools on the Property; any waste being
discharged from the Property into any disposal system or receptacle other
than a public sanitary sewer system; any pollutants are or have been
discharged from the Property, directly or indirectly into any body of water;
any prior or present use of the Property 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, nor of any
proceeding or inquiry by any authority with respect thereto; any ground
water contamination on the Property or potential of ground water
contamination from neighboring properties; any storage t~~~hoda'Tt~w,eNo. 16A5
June 22, 2004
Page 37 of 98
5
CONSERVATION COLLIER
Tax Identification Numbers: 00144440005 & oo1454aOO06
or any other substances presently or previously located on or under the
Property; or any prior or present use of the Property as a sanitary landfill.
10,018 Seller has no knowledge that the Property and Seller's operations
conceming 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 To the best of Seller's knowledge, 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 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 DELETED.
10.023 DELETED.
10.024 Any loss andhr 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
6
Agenda Item No. 16A5
June 22, 2004
Page 38 of 98
CONSERVATION COlliER
Tax identification Numbers: 00144440005 & 00145480006
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: Attn: Timothy G, Hains, Esq.
Quarles & Brady
1395 Panther Lane - Suite 300
Naples, FL 34109
Telephone number: 239-262-5959
Fax number: 239-434-4999
With a Copy To: John M, Passidomo
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South
Naples, FL 34102
Telephone number: 239-261-9300
Fax No.: (239) 261-0884
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 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 Purchaser and Seller warrant and represent to the other that each party has not
dealt with any broker. Each party shall pay any brokerage fees or commissions due
and payable to any agent or broker retained by such party relative to the purchase and
sale of the Property. These warranties and representations shall survive Closing.
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 soc)n as it
has been executed by both parties,
7
Agenda Item No. 16A5
June 22, 2004
Page 39 of 98
CONSERVATION COLLIER
Tax Identification Numb'Jfs: 00144440005 & 00145480006
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,)
13,10 This Agreement is governed and construed in accordance with the laws of the
State of Florida,
13.11 In addition to the acts recited in this Agreement to be performed by Seller and
Purchaser, Seller and Purchaser agree to perform or cause to be performed any and all
such further acts as may be reasonably necessary to consummate the transaction
contemplated hereby.
13,12 Purchaser acknowledges that Seller may be selling such the Property as part of
a like-kind exchange under Section 1031 of the Internal Revenue Code and the
regUlation promulgated thereunder. Purchaser agrees to cooperate with Seller in
completing such exchange and in that regard, Seller may assign its rights and
obligations under this Agreement to Seller's intermediary in order to complete the
exchange, provided that such assignment will not release Seller from its obligations
under the Agreement. Such cooperation by Purchaser will not impose any additional
obligations or expenses on Purchaser which are not reimbursed by Seller.
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.
8
Agenda Item No. 16A5
June 22, 2004
Page 40 of 98
CONSERVATION COLLIER
Tax identification Numbers: 00144440005 & 00145480006
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
DATED:
ATIEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
, Deputy Clerk
9
Agenda Item No. 16A5
June 22, 2004
Page 41 of 98
CONSERVAnONCOlUER
Tax Identlftcation Numbers: 00144440005 & 00145480006
AS TO SELLER:
DATED: (p I~ 1f>4
(SignalUre)
Timothy G. Hains, as TRlstae of
the 10-48-25 land TRlst
~~A~
(Printed Name) ~
BY:~ ~.~
~ .' -. - -
G4~~
(Signature)
U\~\Att.~~L L. A,\\...\
(Printed Name)
Thomas M. Taylor as Attorney
in Fact for Timothy G. Hains
as Trustee of the 10-48-25
Land Trust
~
(Signature) C
w.u~ ~^~
(Primed Name) I
BY:, ~ :~1rc61 qa:{l
~~~
(Signature)
7;;A-,. ~ A. ~..?~
(Printed Name)
Christopher L. Allen as
Attorney in Fact for
Timothy G. Hains as Trustee
of the 10-46-25 Land Trust
Approved as to form and
legal sufficiency:
~V~JI~
- Ellen T, ChadweH
Assistant County Attorney
10
Agenda Item No. 6AS
June 22, 004
Page 42 f 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144440005 & 00145480006
EXHIBIT "A"
TAX IDENTIFICATION NUMBER: 00144440005
LEGAL DESCRIPTION: THE SOUTHWEST QUARTER (114) OF THE SOUTHEAST
QUARTER (1/4) OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, LYING EAST OF THE ATLANTIC COAST LINE
RAILROAD RIGHT-OF-WAY; LESS AND EXCEPTING THE SOUTH 300 FEET
THEREOF, AND LESS AND EXCEPTING THE NORTH 500 FEET THEREOF.
AND
TAX IDENTIFICATION NUMBER: 00145480006
LEGAL DESCRIPTION: THE SOUTH 300 FEET OF THE SOUTHWEST QUARTER
(1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 10, TOWNSHIP 48
SOUTH, RANGE 25 EAST, LYING EAST OF THE ATLANTIC COAST LINE
RAILROAD RIGHT-OF-WAY, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT
THE SOUTH 130 FEET THEREOF FOR ROAD RIGHT-OF-WAY,
11
Agenda Item No. 16A5
June 22, 2004
Page 43 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009. 00145f81009 & 00145680204
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between LIVINGSTON
INDUSTRIAL PARTNERS, LLC, a Florida limited liability company, by its
undersigned Managing Member, whose address is 481 Carica Road, Naples, FL
34108, (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".
1.02 Both parties' obligations under this Agreement are contingent on the prior or
simultaneous closing of Purchaser's purchase of the following tracts of real property
(collectively the "Adjacent Parcels") that are adjacent to the Property (as described by
the following Tax Identification Numbers): (Allen) 00144200009, 00144800001,
00143120009, 00145000004, 00144880005, 00144840003, (Hains Tr.) 00144440005,
00145480006, & (Kraus Tr.) 00144920004. Purchaser warrants to and covenants with
Seller that Purchaser shall diligently pursue the purchase of the Adjacent Parcels, and
shall timely fulfill each of Purchaser's obligations under the respective purchase
contracts for the Adjacent Parcels.
1.03 If Purchaser, despite Purchaser's diligent good faith efforts, is unable to
successfully acquire the Adjacent Parcels within Ninety (90) days of the Board of
County Commissioners' execution of this Agreement, this Agreement will terminate and
the respective parties hereto will have no further liability or obligation to each other,
Termination pursuant to this section will not entitle Seller to liquidated damages under
Section 9.02 of this Agreement; provided that a default by Purchaser under any contract
for the purchase of the Adjacent Parcels shall be a default under this Agreement
1.04 At or prior to Closing, Seller shall cancel any and all application submittals to any
governmental entity for zoning changes, development approvals, or permitting, and
shall satisfy in full any Seller commitments, fees, and/or other obligations related to or
encumbering the Property,
Agenda Item No. 16A5
June 22, 2004
Page 44 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Nine Million
Seven Hundred Eighteen Thousand Dollars ($9,718,000), (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 within Ninety (90) days following execution of this
Agreement by the Purchaser, unless extended by mutual written agreement of the
parties hereto. The Closing shall be held at the Collier County Attomey'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 marketable title of the Property to Purchaser free
of any liens, reservations, or encumbrances. 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 (the "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.
3.0113 A "Gap: Tax Proration, Owner's and Non-Foreign Affidavit,"
as required by Section 1445 of the Intemal 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 Intemal 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.
2
Agenda Item No. 16A5
June 22,2004
Page 45 of 98
CONSERV A liON COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
3.02 Each party shall be responsible for payment of its own attomey's fees. Seller, at
its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating
to the recording of the 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 B Title Policy, issued pursuant to the Commitment
provided for in Section 4.011 below, shall be paid by Purchaser. All costs and fees
associated with the Commitment and Purchaser's acquisition and/or development loan,
if any, shall 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 tax amount for 2003 and paid by Seller.
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 (the "Commitment").
Purchaser shall have Forty-five (45) 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 (the "Title Objections").
4.012 If Purchaser shall fail to advise the Seller in writing of any such Title
Objections in Seller's title within said 45 day period, the title shall be
deemed acceptable. Upon notification of Purchaser's Title Objections,
Seller shall have thirty (30) days to remedy, at its sole expense and using
diligent, good faith efforts, any such Title Objections as Seller decides, in
Seller's sole discretion, to cure. In the event Seller is unable or unwilling
to cure said Title Objections within said time period, Purchaser, by
providing written notice to Seller within seven (7) days after receipt of
Seller's notice thereof, may accept title as it then is, waiving such Title
Objections, or Purchaser may terminate the Agreement. Seller's failure to
respond to any request by Purchaser to cure any Title Objections shall be
deemed an election by Seller to not cure any such Title Objections.
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 Exhibits "A," if
any. If the survey obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the Property; or (b)
that an improvement located on the Property projects onto lands of others,
or (c) lack of legal access, the Purchaser shall, within the Forty-five (45)
day title objection period set forth in Paragraph 4.011 of this Agreement,
notify the Seller in writing of the encroachment, projection or lack of legal
access, and Seller shall treat iUthem as Title Objections. Purchaser must
raise any objections arising from matters revealed by Purchaser's survey
within the 45 day title objection period set forth in Paragraph 4.011 of this
Agreement or such objections are waived. Purchaser agrees and
acknowledges that the standard survey exceptions contained in the
Commitment shall be included in the owner's policy to be issued to
Purchaser unless Purchaser obtains a current survey of the Property that
meets Florida's minimum technical standards for surveys and is certified to
Purchaser, Purchaser's lender, if any, Title Agent, and the title insurance
underwriter. Agenda Item No. 16A5
June 22, 2004
Page 46 of 98
3
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
V. INSPECTION PERIOD
5.01 Purchaser shall have Sixty (60) days from the date of this Agreement
("Inspection Period") to determine through appropriate investigation that the Property
can be utilized for its intended purpose as county conservation lands, and is in
compliance with all applicable State and Federal environmental laws and free from any
pollution or contamination. Seller, to the best of Seller's knowledge, has delivered to
Purchaser copies of all previously obtained due diligence documents with respect to the
Property, induding without limitation all surveys, environmental assessments, soil tests,
endangered species assessments, and related tests, summaries, or documents in the
actual possession of Seller. Purchaser acknowledges receipt of such due diligence
documents from Seller.
5.02 Purchaser may terminate this Agreement by written notice to Seller before
expiration of the Inspection Period in Purchaser's sole discretion and without reason. If
Purchaser fails to properly terminate this Agreement before expiration of 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 due diligence and inspection documents
obtained by Purchaser with respect to the Property during the Inspection Period (the
"Diligence Documents"), including without limitation all engineering reports and
environmental and soil testing results.
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 non-destructive site analyses, and reasonably necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the Property. If
Purchaser terminates this Agreement in accordance with its terms, Purchaser shall pay
in full the cost of all inspections, reports, surveys, and tests of any kind resulting from
Purchaser's inspection so that no person, firm, or entity shall have the right to file a lien
on the Property. Purchaser or Purchaser's agents shall not conduct any inspection so
as to cause damage to the Property, and Purchaser shall restore the Property to its pre-
inspection condition not later than ten (10) days after any such damage occurs. This
provision shall survive termination of this Agreement.
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 entiUed to full possession of the F.C~1pe'.l / ;Jt Closing.
VIII. PRORATIONS
8.01 DELETED.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenQnts 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, ~elT'1inate 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 p.quitv to a contract vendee,
including the right to seek specific performance of this Aqreement.
4
Agenda Item No. 16A5
June 22, 2004
Page 47 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
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 in the event Purchaser fails to perform any of the other terms,
covenants and conditions of this Agreement following ten (10) days notice and
opportunity to cure, then Seller, as its sole remedy, shall have the right to cancel this
Agreement for such default, in which case Purchaser shall pay to Seller the sum of
Ninety-Five Thousand Dollars ($95,000) as agreed-upon liquidated damages. In the
event of a suit by Seller to enforce its rights under this Paragraph 9.02, the prevailing
party or parties shall be entitled to recover reasonable paralegal and attomeys' fees and
other costs incurred in that action or proceeding, including those related to appeals.
The terms of this Paragraph 9.02 shall survive termination of this Agreement.
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 Article 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 govemmental 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.
5
Agenda Item No. 16A5
June 22, 2004
Page 48 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 001456802,;4
10.017 Seller represents that Seller has no knowledge of: any
incinerators, septic tanks or cesspools on the Property; any waste being
discharged from the Property into any disposal system or receptacle other
than a public sanitary sewer system; any pollutants are or have been
discharged from the Property, directly or indirectly into any body of water;
any prior or present use of the Property 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, nor of any
proceeding or inquiry by any authority with respect thereto; any ground
water contamination on the Property or potential of ground water
contamination from neighboring properties; any storage tanks for gasoline
or any other substances presently or previously located on or under the
Property; or any prior or present use of the Property 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 govemmental
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 To the best of Seller's knowledge, 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 aoversely 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 induding 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 goveming 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 0/'
promulgated by any third parties or any govemmental authorities having
jurisdiction of the development of the property which may restrict or
change any other condition of the Property.
10.022 DELETED.
6
Agenda Item No. 16A5
June 22, 2004
Page 49 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
10.023 DELETED.
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:
With a copy to:
If to Seller:
With a Copy To:
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
Ellen T. Chadwell
Assistant County Attorney
Office of the County Attomey
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8400
Fax number: 239-774-0225
Thomas Taylor
Livingston Industrial Partners, LLC
481 Carica Road
Naples, FL 34108
Telephone number: 239-254-2000
Fax number: 239-254-2098
John M. Passidomo
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South
Naples, FL 34102
Telephone number: 239-261-9300
Fax No.: (239) 261-0884
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 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 Purchaser and Seller warrant and represent to the other that each party has not
dealt with any broker. Each party shall pay any brokerage fees or commissions due
and payable to any agent or broker retained by such party relative to the purchase and
sale of the Property. These warranties and representations shall survive Closing.
7
Agenda Item No. 16A5
June 22, 2004
Page 50 of 98
,
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
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 (;ontext 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.)
13.10 This Agreement is govemed and construed in accordance with the laws of the
State of Florida.
13.11 In addition to the acts recited in this Agreement to be performed by Seller and
Purchaser, Seller and Purchaser agree to perform or cause to be performed any and all
such further acts as may be reasonably necessary to consummate the transaction
contemplated hereby.
13.12 Purchaser acknowledges that Seller may be selling such the Property as part of
a like~ind exchange under Section 1031 of the Internal Revenue Code and the
regulation promulgated thereunder. Purchaser agrees to cooperate with Seller in
completing such exchange and in that regard, Seller may assig~Qlerrm!JtkEmlPNo. 16A5
June 22, 2004
Page 51 of 98
8
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
obligations under this Agreement to Seller's intermediary in order to complete the
exchange, provided that such assignment will not release Seller from its obligations
under the Agreement. Such cooperation by Purchaser will not impose any additional
obligations or expenses on Purchaser which are not reimbursed by Seller.
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 ProjecUAcquisition Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
, Deputy Clerk
9
Agenda Item No. 16A5
June 22, 2004
Page 52 of 98
CONSERVATION COlliER
Tax IdentitlcaUon Numbers: 00144&40009,00145631009 & 00145680204
AS TO SELLER:
DATED: ~ (~/O I
WITNESSES:
CD,~~~
(Signature)
t~l\~e~~ L. A\~N
(Printed Name)
(Signature)
(Print~~~
~n_
Signature) 6
JJi~
(Printed Name) ~
~A-.~
(Signature)
7hl>~ ~. ~~I'"
(Printed Name) /
Approved as to form and
legal sufficiency:
~~~
Ellen T. Chadwell
Assistant County Attorney
LIVINGSTON INDUSTRIAL PARTNERS,
LLC, a Florida limited liabitity company
BY: ~ /.1, .~
THOMAS M. TAYLOR, ai> Managing /1f~
LIVINGSTON iNDUSTRIAL PARTNERS,
LLC, a Florida limited liab~ity company
B~H~O~~~L~~
Managing Member .
Agenda Item No. 16A5
June 22, 2004
,Page 53 of 98
10
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
EXHIBIT "A"
TAX IDENTIFICATION NUMBER: 00144640009
TAX IDENTIFICATION NUMBER: 00145681009
TAX IDENTIFICATION NUMBER: 00145680204
LEGAL DESCRIPTION: SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED
PREMISES:
ROAD RIGHT-OF-WAY EASEMENT: A PARCEL OF LAND LOCATED IN THE
SOUTHEAST QUARTER (1/4) OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89
DEGREES 59'18" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER (1/4) OF SAID SECTION 10 FOR A DISTANCE OF 1271.74 FEET TO THE
SOUTHWEST CORNER OF SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SAID SECTION 10; THENCE RUN NORTH 01 DEGREES 31'28"
WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4) OF THE
SOUTHEAST QUARTER (1/4) OF SAID SECTION 10 FOR A DISTANCE OF 130.05
FEET TO A POINT 130.00 FEET NORTHERLY OF , AS MEASURED AT RIGHT
ANGLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID
SECTION 10; THENCE RUN SOUTH 89 DEGREES 59'18"EAST, PARALLEL WITH
THE SOUTH LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 10 FOR
A DISTANCE OF 667.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE CONCAVE TO THE NORTHWEST; THENCE RUN NORTHEASTERLY
ALONG THE ARC OF SAID CURVE TO THE LEFT; HAVING A RADIUS OF 2734.79
FEET, THROUGH A CENTRAL ANGLE OF 03 DEGREES 53'09" , SUBTENDED BY A
CHORD OF 185.43 FEET AT A BEARING OF NORTH 88 DEGREES 04'08" EAST,
FOR A DISTANCE OF 185.47 FEET TO THE END OF SAID CURVE; THENCE RUN
NORTH 86 DEGREES 07'33" EAST FOR A DISTANCE OF 420.94 FEET TO A POINT
ON THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 10;
THENCE RUN SOUTH 00 DEGREES 49'50" EAST ALONG THE SAID EAST LINE
FOR A DISTANCE OF 164.83 FEET TO THE POINT OF BEGINNING.
11
Agenda Item No. 16A5
June 22, 2004
Page 54 of 98
CONSERVATION COLLIER
Tax identification Numbers: 00144200009,00144800001, oo1431200GJ, 00145000004,00144880005 &
00144840003
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Christopher L
Allen and Carolyn Sue Allen, whose address is 555 Hickory Road, Naples, FL
34108, (hereinafter referred to as "Sellern), 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".
1.02 Both parties' obligations under this Agreement are contingent on the prior or
simultaneous closing of Purchaser's purchase of the following tracts of real property
(collectively the "Adjacent Parcels") that are adjacent to the Property (as described by
the following Tax Identification Numbers): (Livingston) 00144640009, 001456810009,
00145680204, (Hains Tr.) 00144440005, 00145480006, & (Kraus Tr.) 00144920004.
Purchaser warrants to and covenants with Seller that Purchaser shall diligently pursue
the purchase of the Adjacent Parcels, and shall timely fulfill each of Purchaser's
obligations under the respective purchase contracts for the Adjacent Parcels.
1.03 If Purchaser, despite Purchaser's diligent good faith efforts, is unable to
successfully acquire the Adjacent Parcels within Ninety (90) days of the Board of
County Commissioners' execution of this Agreement, this Agreement will terminate and
the respective parties hereto will have no further liability or obligation to each other.
Termination pursuant to this section will not entitle Seller to liquidated damages under
Section 9.02 of this Agreement; provided that a default by Purchaser under any contract
for the purchase of the Adjacent Parcels shall be a default under this Agreement.
1.04 At or prior to Closing, Seller shall cancel any and all application submittals to any
govemmental entity for zoning changes, development approvals, or permitting, and
shall satisfy in full any Seller commitments, fees, and/or other obligations related to or
encumbering the Property.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the nPurchase Price") for the Property shall be Eight Million
Five Hundred Sixteen Thousand Dollars ($8,516,000), (U.S. Currency) payable at
time of closing.
III. CLOSING
1
Agenda Item No. '16A5
June 22,2004
Page 55 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004, 00144880005 &
00144840003
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held within Ninety (90) days following execution of this
Agreement by the Purchaser, 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 marketable title of the Property to Purchaser free
of any liens, reservations, or encumbrances. 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 (the "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.
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 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 B Title Policy, issued pursuant to the Commitment
provided for in Section 4.011 below, shall be paid by Purchaser. All costs and fees
associated with the Commitment and Purchaser's acquisition and/or development loan,
if any, shall be paid by Purchaser.
2
Agenda Item No. 16A5
June 22, 2004
Page 56 of 98
,
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the tax amount for 2003 and paid by Seller.
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 Trtle
Insurance Policy (AL T A Form B-1970) covering the Property, together with
hard copies of all exceptions shown thereon (the "Commitment").
Purchaser shall have Forty-five (45) 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 (the "Title Objections").
4.012 Upon notification of Purchaser's Title Objections, Seller shall have
thirty (30) days to remedy, at its sole expense and using diligent, good
faith eHorts, any such Title Objections as Seller decides, in Seller's sole
discretion, to cure. In the event Seller is unable or unwilling to cure said
Title Objections within said time period, Purchaser, by providing written
notice to Seller within seven (7) days after receipt of Seller's notice
thereof, may accept title as it then is, waiving such Title Objections, or
Purchaser may terminate the Agreement. Seller's failure to respond to
any request by Purchaser to cure any Title Objections shall be deemed an
election by Seller to not cure any such Title Objections.
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 Exhibits "A," if
any. If the survey obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the Property; or (b)
that an improvement located on the Property projects onto lands of others,
or (c) lack of legal access, the Purchaser shall, within the Forty-five (45)
day title objection period set forth in Paragraph 4.011 of this Agreement,
notify the Seller in writing of the encroachment, projection or lack of legal
access, and Seller shall treat it'them as Title Objections. Purchaser must
raise any objections arising from matters revealed by Purchaser's survey
within the 45 day title objection period set forth in Paragraph 4.011 of this
Agreement or such objections are waived. Purchaser agrees and
acknowledges that the standard survey exceptions contained in the
Commitment shall be included in the ulmer's policy to be issued to
Purchaser unless Purchaser obtains a current survey of the Property that
meets Florida's minimum technical standards for surveys and is certified to
Purchaser, Purchaser's lender, if any, Title Agent, and the title insurance
underwriter.
V. INSPECTION PERIOD
5.01 Purchaser shall have Sixty (60) days from the date of this Agreement
("Inspection Period") to determine through appropriate investigation that the Property
can be utilized for its intended purpose as county conservation lands, and is in
compliance with all applicable State and Federal environmental laws and free from any
pollution or contamination. Seller, to the best of Seller's knowledge, has delivered to
Purchaser copies of all previously obtained due diligence documents with respect to the
Property, including without limitation all surveys, environmental assessments, soil tests,
endangered species assessments, and related tests, summaries, or documents in the
Agenda Item No. 16A5
June 22, 2004
Page 57 of 98
3
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
actual possession of Seller. Purchaser acknowledges receipt of such due diligence
documents from Seller.
5.02 Purchaser may terminate this Agreement by written notice to Seller before
expiration of the Inspection Period in Purchaser's sole discretion and without reason. If
Purchaser fails to properly terminate this Agreement before expiration of 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 due diligence and inspection documents
obtained by Purchaser with respect to the Property during the Inspection Period (the
"Diligence Documents"), including without limitation all engineering reports and
environmental and soil testing results.
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 non-destructive site analyses. and reasonably necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the Property. If
Purchaser terminates this Agreement in accordance with its terms, Purchaser shall pay
in full the cost of all inspections, reports, surveys, and tests of any kind resulting from
Purchaser's inspection so that no person, firm, or entity shall have the right to file a lien
on the Property. Purchaser or Purchaser"s agents shall not conduct any inspection so
as to cause damage to the Property, and Purchaser shall restore the Property to its pre-
inspection condition not later than ten (10) days after any such damage occurs. This
provision shall survive termination of this Agreement.
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 DELETED.
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.
902 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 in the event Purchaser fails to perform any of the other terms,
covenants and conditions of this Agreement following ten (10) days notice and
opportunity to cure, then Seller, as its sole remedy, shall have the right to cancel this
Agreement for such default, in which case Purchaser shall pay to Seller the sum of
Eighty Thousand Dollars ($80,000) as agreed-upon liquidated damages. In the event of
a suit by Seller to enforce its rights under this Paragraph 9.02, the prevailing party or
parties shall be entitled to recover reasonable paralegal and attorneys' fees and other
costs incurred in that action or proceeding, including those related to appeals. The
terms of this Paragraph 9.02 shall survive termination of this Agreement.
Agenda Item No. 16A5
June 22, 2004
Page 58 of 98
4
CONSERVATION COlliER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
,-
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 Article 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 then:'>0f
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 ?nv a~lreements granting any
person or entity any rights with respect to tr;~" er'T8ily or any part thereof,
without first obtaining the written conseni ui Purchaser to such
conveyance, encumbrance, or agreement which (_~J'sent may be withheld
by Purchaser for any reason whatsoever.
10.017 . Seller represents that Seller h2S no knowledge of: any
incinerators, septic tanks or cesspools on the Property; any waste being
discharged from the Property into any disposal system or receptacle other
than a public sanitary sewer system; '3.ny pol!:ct3.nts are or have been
discharged from the Property, directly or indirectly into any body of water;
any prior or present use of the Property for the production, handling,
storage, transportation, manufacture or disposai 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, nor of any
proceeding or inquiry by any authority with respect thereto; any ground
water contamination on the Property or pOt4ntial of ground water
contamination from neighboring properties; any stor8ge tanks for gasoline
Agenda Item No. 16A5
June 22, 2004
Page 59 of 98
5
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
or any other substances presently or previously located on or under the
Property; or any prior or present use of the Property 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 SeUer has not complied.
10.019 To the best of Seller's knowledge, 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 SeUer 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 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 DELETED.
10.023 DELETED.
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:
6
Agenda Item No. 16A5
June 22, 2004
Page 60 of 98
If to Purchaser:
Alexandra Sulecki, Coordinator
CONSERVATION COLLIER
Tax identification Numbers: 00144200009, 00144800001, oo1431200(l'~, 00145000004, 00144880005 &
00144840003
,-
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: Attn: Christopher L. Allen
555 Hickory Road
Naples. FL 34108
Telephone number:
Fax number:
With a Copy To: John M. Passidomo
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South
Naples, FL 34102
Telephone number: 239-261-9300
Fax No.: (239) 261-0884
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 in the manner
provided herein. For the purpose of changing such addresses or addressees only,
unless and until slJch 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 Purchaser and Seller warrant and represent to the other that each party has not
dealt with any broker. Each party shall pay any brokerage fees or commissions due
and payable to any agent or broker retained by such party relative to the purchase and
sale of the Property. These warranties and representations shall survive Closing.
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. Agenda Item No. 16A5
June 22, 2004
Page 61 of 98
7
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
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 "oHer" 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.)
13.10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
13.11 In addition to the acts recited in this Agreement to be performed by Seller and
Purchaser, Seller and Purchaser agree to perform or cause to be performed any and all
such further acts as may be reasonably necessary to consummate the transaction
contemplated hereby.
13.12 Purchaser acknowledges that Seller may be selling such the Property as part of
a like-kind exchange under Section 1031 of the Internal Revenue Code and the
regulation promulgated thereunder. Purchaser agrees to cooperate with Seller in
completing such exchange and in that regard, Seller may assign its rights and
obligations under this Agreement to Seller's intermediary in order to complete the
exchange, provided that such assignment will not release Seller from its obligations
under the Agreement. Such cooperation by Purchaser will not impose any additional
obligations or expenses on Purchaser which are not reimbursed by Seller.
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.
8
Agenda Item No. 16A5
June 22, 2004
Page 62 of 98
,
CONSERVATION COLLIER
Tax identification Numbers: 00144200009,00144800001,00143120009,001450??oo4,00144880005 &
00144840003
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated ProjecUAcquisition Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
, Deputy Clerk
9
Agenda Item No. 16A5
June 22, 2Q04
Page 63 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009, 001448??oo1, 00143120009, 00145000004, 00144880005 &
00144840003
AS TO SELLER:
DATED:
WITNESSES:
(Signature)
(Printed Name)
BY:
CHRISTOPHER L. ALLEN
(Signature)
(Printed Name)
(Signature)
(Printed Name)
BY:
CAROLYN SUE ALLEN
(Signature)
(Printed Name)
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
10
Agenda Item No. 16A5
June 22, 2004
Page 64 of 98
.-
-
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004,00144880005 &
00144840003
EXHIBIT "An
1 of 2
TAX IDENTIFICATION NUMBER: 00143120009
LEGAL DESCRIPTION: EAST HALf (1/2) Of NORTHWEST QUARTER (1/4) Of
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4) AND
NORTH HALF (1/2) OF SOUTHWEST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4), ALL
IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
AND
TAX IDENTIFICATION NUMBER: 00144200009
LEGAL DESCRIPTION: THE SOUTH 229.09 FEET OF THE NORTHWEST
QUARTER (1/4) Of THE SOUTHEAST (1/4), LYING EAST
Of THE RAILROAD RIGHT-OF-WAY, SECTION 10,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; ALSO DESCRIBED AS:
BEGINNING AT THE SOUTHEAST CORNER OF THE
NORTHWEST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SECT10i~ 10, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; RUN
NORTH 89 DEGREES 59'02" WEST 218.77 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY LINE Of THE
A.C.L. RAILROAD RIGHT-OF-WAY AND A POINT ON A
CURVE; THENCE 232.26 FEET ALONG THE ARC OF A
CIRCULAR CURVE, RADIUS 22853.3 FEET CHORD
232.26 FEET CHORD BEARiNG NORTH 09 DEGREES
35'51", ALONG SAID EASTERLY RIGHT-Of-WAY LINE;
THENCE SOUTH 89 DEGREES 59'02" EAST 174.49 FEET;
THENCE SOUTH 01 DEGREES 23'23" EAST 229.09 FEET
TO THE POINT OF BEGINNlt~G.
AND
TAX IDENTIFICATION NUMBER: 00144800001
LEGAL DESCRIPTION: THE SOUTH HALF (1/2) 0-: THE SOUTHWEST
QUARTER (1/4) OF THE NOR fHEJ.ST QUARTER (1/4) OF
THE SOUTHEAST (1/4) OF S[Gi:ON 10, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;
SUBJECT TO AND TOGETHHi WITH AN EASEMENT
FOR ROADWAY IN FAVOR OF THE GRANTEES AND
THEIR RESPECTIVE HE!RS, SUCCESSORS AND
ASSIGNS AND ALSO IN FAVOR OF ALL CURRENT
OWNERS OF THE ABUTTING LAND AND THE PUBLIC
OVER AND UNDER THE EAST 30 FEET OF THE WEST
HALF (1/2) OF THE EAST HALF (1/2) OF THE
SOUTHEAST QUARTER (1/4) OF SAID SECTION 10.
11
Agenda Item No. 16A5
June 22, 2004
Page 65 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009,00145000004, 00144880005 &
00144840003
EXHIBIT "A"
2 of 2
AND
TAX IDENTIFICATION NUMBER: 00144840003
LEGAL DESCRIPTION: NORTH HALF (1/2) OF SOUTHEAST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4),
SUBJECT TO ROAD EASEMENT ON WEST 30 FEET OF
EAST HALF (112) OF EAST HALF (1/2) OF SOUTHEAST
QUARTER (1/4), SECTION 10, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
AND
TAX IDENTIFICATION NUMBER: 00144880005
l_.EGAL DESCRIPTION: SOUTH HALF (1/2) OF NORTHEAST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4),
SUBJECT TO ROAD EASEMENT ON WEST 30 FEET OF
EAST HALF (1/2) OF EAST HALF (1/2) OF SOUTHEAST
QUARTER (1/4), SECTION 10, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
AND
TAX IDENTIFICATION NUMBER: 00145??oo04
LEGAL DESCRIPTION: NORTH HALF (1/2) OF NORTHEAST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4),
SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
12
Agenda Item No. 16A5
June 22, 2004
Page 66 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144440005 & 00145480006
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Timothy G. Hains,
as Trustee of the 10-48-25 Land Trust, whose address is c/o Quarles & Brady, 1395
Panther Lane - Suite 300, Naples, FL 34109, (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 describe.od 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".
1 .02 Both parties' obligations under this Agreement are contingent on the prior or
simultaneous closing of Purchaser's purchase of the following tracts of real property
(collectively the "AGjacent Parcels") that are adjacent to the Property (as described by
the following Tax Identification Numbers): (Livingston) 00144640009, 001456810009,
00145680204, (Allen) 00144200009, 00144800001, 00143120009, 00145000004,
00144880005,00144840003, & (Kraus Tr.) 00144920004. Purchaser warrants to and
covenants with Seller that Purchaser shall diligently pursue the purchase of the
Adjacent Parcels, and shall timely fulfill each of Purchaser's obligations under the
respective purchase contracts for the Adjacent Parcels.
1.03 If Purchaser, despite Purchaser's diligent good faith efforts, is unable to
successfully acquire the Adjacent Parcels within Ninety (90) days of the Board of
County Commissioners' execution of this Agreement, this Agreement will terminate and
the respective parties hereto will have no further liability or obligation to each other.
Termination pursuant to this section will not entitle Seller to liquidated damages under
Section 9.02 of this Agreement; provided that a default by Purchaser under any contract
for the purchase of the Adjacent Parcels shall be a default under this Agreement.
1.04 At or prior to Closing, Seller shall cancel any and all application submittals to any
governmental entity for zoning changes, development approvals. or permitting, and
shall satisfy in full any Seller commitments, fees, and/or other obligations related to or
encumbering the Property.
II. PAYMENT OF PURCHASE PRICE
.-.
2.01 The purchase price (the "Purchase Price") for the Property shall be One Million
Six Hundred Thousand Eight Hundred Fifty Dollars ($1,600,850), (U.S. Currency)
payable at time of closing.
III. CLOSING
1
Agenda Item No. 16A5
June 22,2004
Page 67 of 98
CONSERVATION COLLIER
Tax Identificatl.Jn Numbers: 00144440005 & 00145480006
u " The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
thp transaction shall be held within Ninety (90) days following execution of this
ement by the Purchaser, unless extended by mutual written agreement of the
;.-'es 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 marketable title of the Property to Purchaser free
of any liens, reservations, or encumbrances. 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 (the "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.
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 litle 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 litle 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.
~) 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 Deed, in accordance with Chapter 201.01, Florida StaMes, and
the cost of recording any instruments necessary to clear Seller's title to the Property.
The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment
provided for in Section 4.011 below, shall be paid by Purchaser. All costs and fees
associated with the Commitment and Purchaser's acquisition and/or development loan,
if any, shall be paid by Purchaser.
2
Agenda Item No. 16A5
June 22, 2004
Page 68 of 98
CONSERVATION COlliER
Tax Idan1iflcation Numbers: 00144440005 & 00145480006
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the tax amount for 2003 and paid by Seller.
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 T A Commitment for an Owner's Title
Insurance Policy (AL T A Form B-1970) covering the Property, together with
hard copies of all exceptions shown thereon (the "Commitment").
Purchaser shall have Forty-five (45) 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 (the "Title Objections").
4.012 Upon notification of Purchaser's Title Objections, Seller shall have
thirty (30) days to remedy, at its sole expense and using diligent, good
faith efforts, any such Title Objections as Seller decides, in Seller's sole
discretion, to cure. In the event Seller is unable or unwilling to cure said
Title Objections within said time period, Purchaser, by providing written
notice to Seller within seven (7) days after receipt of Seller's notice
thereof, may accept title as it then is, waiving such Title Objections, or
Purchaser may terminate the Agreement. Seller's failure to respond to
any request by Purchaser to cure any Title Objections shall be deemed an
election by Seller to not cure any such Title Objections.
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 Exhibits "A," if
any. If the survey obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the Property; or (b)
that an improvement located on the Property projects onto lands of others,
or (c) lack of legal access, the Purchaser shall, within the Forty-five (45)
day title objection period set forth in Paragraph 4.011 of this Agreement,
notify the Seller in writing of the encroachment, projection or lack of legal
access, and Seller shall treat it'them as Title Objections. Purchaser must
raise any objections arising from matters revealed by Purchaser's survey
within the 45 day title objection period set forth in Paragraph 4.011 of this
Agreement or such objections are waived. Purchaser agrees and
acknowledges that the standard survey exceptions contained in the
Commitment shall be included in the owner's policy to be issued to
Purchaser unless Purchaser obtains a current survey of the Property that
meets Florida's minimum technical standards for surveys and is certified to
Purchaser, Purchaser's lender, if any, Title Agent, and the title insurance
underwriter.
V. INSPECTION PERIOD
.-
501 Purchaser shall have Sixty (60) days from the date of this Agreement
("Inspection Period") to determine through appropriate investigation that the Property
can be utilized for its intended purpose as county conservation lands, and is in
compliance with all applicable State and Federal environmental laws and free from any
pollution or contamination. Seller, to the best of Seller's knowledge, has delivered to
Purchaser copies of all previously obtained due diligence documents with respect to the
Property, including without limitation all surveys, environmental assessments, soil tests,
endangered species assessments, and related tests, summaries, or documents in the
Agenda Item No. 16A5
June 22, 2004
Page 69 of 98
3
~~ ....
CONSERVATION COLLIER
Tax Identification Numbers: '00144440005 &. 00145480006
actJal possession of Seller. Purchaser acknowledges receipt of such due diligence
rncuments from Seller.
5 02 Purchaser may terminate this Agreement by written notice to Seller before
expiration of the Inspection Period in Purchaser's sole discretion and without reason. If
Purchaser fails to properly terminate this Agreement before expiration of the Inspection
Penod, it shall be deemed that the Purchaser is satisfied with the results of its
invrstigations and the contingencies of this Article V shall be deemed waived. In the
eVb il Purchaser elects to terminate this Agreement because of the right of inspection,
Pl:r:haser shall deliver to Seller copies of all due diligence and inspection documents
otled by Purchaser with respect to the Property during the Inspection Period (the
"Cilence Documents"), including without limitation all engineering reports and
environmental and soil testing results.
503 Purchaser and its agents, employees and servants shall, at their own risk and
i flse, have the right to go upon the Property for the purpose of surveying and
,ucting non-destructive site analyses, and reasonably necessary investigation.
PI !'r;haser shall, in performing such tests, use due care. Seller shall be notified by
'laser no less than twenty four (24) hours prior to said inspection of the Property. If
'laser terminates this Agreement in accordance with its terms, Purchaser shall pay
in iii the cost of all inspections, reports, surveys, and tests of any kind resulting from
cL, aser's inspection so that no person, firm, or entity shall have the right to file a lien
on Hie Property. Purchaser or Purchaser's agents shall not conduct any inspection so
as ~I cause damage to the Property, and Purchaser shall restore the Property to its pre-
in ,,8ction condition not later than ten (10) days after any such damage occurs. This
provision shall survive termination of this Agreement.
VI. INSPECTION
301 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
,yt 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 DELETED.
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 in the event Purchaser fails to perform any of the other terms,
covenants and conditions of this Agreement following ten (10) days notice and
opportunity to cure, then Seller, as its sole remedy, shall have the right to cancel this
Agreement for such default, in which case Purchaser shall pay to Seller the sum of
Fifteen Thousand Dollars ($15,000) as agreed-upon liquidated damages. In the event
of a suit by Seller to enforce its rights under this Paragraph 9.02, the prevailing party or
parties shall be entitled to recover reasonable paralegal and attorneys' fees and other
costs incurred in that action or proceeding, including those related to appeals. The
terms of this Paragraph 9.02 shall survive termination of this Agreement.
Agenda Item No. 16A5
June 22, 2004
Page 70 of 98
4
CONSERVATION COLLIER
Tax Identification Numbers: 00144440005 & 00145480006
9.ce The parties acknowledge that the remedies described herein and in the other
pri:sions 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
carties.
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 Article 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, jf 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 :ong 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 Pi'('~Jerty or any part thereof,
without first obtaining the written consent of Purchaser to such
conveyance, encumbrance, or agreement wnich consent may be withheld
by Purchaser for any reason whatsoever.
10.017 Seller represents that Seller hdS no knowledge of: any
incinerators, septic tanks or cesspools on the Property; any waste being
discharged from the Property into any disposal system or receptacle other
than a public sanitary sewer system; any poliutdnts are or have been
discharged from the Property, directly or indirectly into any body of water;
any prior or present use of the Property 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 hC1ve toxic results, nor of any
proceeding or inquiry by any authority with respeGt thereto; any ground
water contamination on the Property or potential of ground water
contamination from neighboring properties; any sto..age t~~~hod~1i~w,eNo. 16A5
June 22, 2004
Page 71 of 98
5
CONSERVATION COLLIER
Tax Identification Numbers: 00144440005 & 00145480006
or any other substances presently or previously located on or under the
Property; or any prior or present use of the Property 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 To the best of Seller's knowledge, 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 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 DELETED.
10.023 DELETED.
10.024 An:, 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
6
Agenda Item No. 16A5
June 22, 2004
Page 72 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144440005 & 00145480006
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: Attn: Timothy G. Hains, Esq.
Quarles & Brady
1395 Panther Lane - Suite 300
Naples, FL 34109
Telephone number: 239-262-5959
Fax number: 239-434-4999
With a Copy To: John M. Passidomo
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South
Naples, FL 341 02
Telephone number: 239-261-9300
Fax No.: (239) 261-0884
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 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 Purchaser and Seller warrant and represent to the other that each party has not
dealt with any broker. Each party shall pay any brokerage fees or commissions due
and payable to any agent or broker retained by such party relative to the purchase and
sale of the Property. These warranties and representations shall survive Closing.
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.
7
Agenda Item No. 16A5
June 22, 2004
Page 73 of 98
CONSERVATION COLLIER
Tax Identification Numbers; 00144440005 & 00145480006
i 3 04 Captions and section headings contained in this Agreement are for convenience
eference 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
d s Agreement shall be applicable only to the specific instance to which it is related
or :;hall not be deemed to be a continuing or future waiver as to such provision or a
',J~"ar as to any other provision.
1307 If any date specified in this Agreement falls on a Saturday, Sunday or legal
, ay, then the date to which such reference is made shall be extended to the next
suc.~eeding business day.
. ~ ~g Seller is aware of and understands that the "oHern to purchase represented by
Agreement is subject to review and recommendation for approval by the
'JU ervation Collier Land Acquisition Advisory Committee, and acceptance and
'Pi- :;I/al by the Board of County Commissioners of Collier County, Florida.
13 nq If the Seller holds the Property in the form of a partnership, limited partnership,
CC~ ',ration, trust or any form of representative capacity whatsoever for others, Seller
shu: make a written public disclosure, according to Chapter 286, Florida Statutes, under
oatti, 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
ger.eral 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.
13.11 In addition to the acts recited in this Agreement to be performed by Seller and
Purchaser, Seller and Purchaser agree to perform or cause to be performed any and all
such further acts as may be reasonably necessary to consummate the transaction
contemplated hereby.
13.12 Purchaser acknowledges that Seller may be selling such the Property as part of
a like-kind exchange under Section 1031 of the Internal Revenue Code and the
regulation promulgated thereunder. Purchaser agrees to cooperate with Seller in
completing such exchange and in that regard, Seller may assign its rights and
obligations under this Agreement to Seller's intermediary in order to complete the
exchange, provided that such assignment will not release Seller from its obligations
under the Agreement. Such cooperation by Purchaser will not impose any additional
obligations or expenses on Purchaser which are not reimbursed by Seller.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire agreement
::Jetween 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.
8
Agenda Item No. 16A5
June 22, 2004
Page 74 of 98
CONSERVATION COlliER
Tax identification Numbers: 00144440005 &. 00145480006
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:
DONNA FIALA, CHAIRMAN
, Deputy Clerk
9
Agenda Item No. 16A5
June 22, 2004
Page 75 of 98
CONSERVATION COlliER
Tax Identification NumLers: 00144440005 & 00145480006
AS TO SELLER:
DATED:
WITNESSES:
(Signature)
(Printed Name)
(Signature)
(Printed Name)
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
BY:
CHRISTOPHER L ALLEN, as
Managing Member
Timothy G. Hains, Trustee
of
the 10-48-25 Land Trust
10
Agenda Item No. 16A5
June 22, 2004
Page 76 of 98
CONSERVATION COLLIER
Tax identification Numbers: 00144440005" 00145480006
EXHIBIT" A"
Tax Identification Numbers: 00144440005 & 00145480006
11
Agenda Item No. 16A5
June 22, 2004
Page 77 of 98
~.. ....
CONSERVATION COLLIER
Tax Identification Number: 001441120004
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between CHERYL R.
KRAUS, AS TRUSTEE OF THE WHITE SANDS FLORIDA lAND TRUST DATED
MAY 9, 2000, whose address is 1075 Goodlette Road, Naples, FL 34102-5449,
(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".
1.02 This Agreement is contingent on the simultaneous closing of the purchase
of the adjacent properties, as described by the following Tax Identification
Number(s): (Allen) 00144200009, 00144800001, 00143120009, 00145000004,
00144880005, 00144840003, (Hains Tr.) 00144440005, 00145480006,
(Livingston Ind. Partner) 00144640009,00145681009, & 00145680204.
1.03 If Seller is unable to successfully acquire those properties identified in
Section 1.02 within one hundred twenty (120) days of the Board of County
Commissioners' execution of this Agreement, this Agreement will terminate and
the parties hereto will have no further liability or obligation to each other.
Termination pursuant to this section will not entitle Seller to liquidated damages
per Section 9.02 of this Agreement.
1.04 Seller understands and agrees that prior to closing, Seller will cancel any and
all application submittals to any governmental entity for zoning changes,
development approvals or permitting, and satisfy any Seller commitments, fees
and lor other obligations, if any.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be One
Million Three Hundred Sixty Rve Thousand Two Hundred Dollars
($1,365,200), (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 one hun~~~em)No. 16A5
June 22, 2004
1 Page 78 of 98
CONSERVATION COLLIER
Tax Identification Number: 00144920004
.-
days following execution of this Agreement by the Purchaser but not later than
October 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.
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 wgap" and issue
the policy contemplated by the title insurance commitment.
..~
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certificationw 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 B 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.
2
Agenda Item No. 16A5
June 22, 2004
Page 79 of 98
CONSERVATION COLLIER
Tax Identification Number: 00144920004
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 TA Form B-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 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 ot this Agreement.
V. INSPECTION PERIOD
5.01 Purchaser shall have one hundred and twenty (120) 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 t~gemta It:emsNo. 16A5
June 22, 2004
3 Page 80 of 98
-
CONSERVATION COLLIER
Tax Identification Number: 00144920004
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 pe.10rming such tests, use due care and shall be responsible
for any loss or damages occasioned thereby or as a result of Purchaser's entry.
Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to
said inspection of the Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2003 taxes, and shall be
paid by Seller.
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 including Section 1.03, 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-tenth of one percent
(.1 'Yo) 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 6ability or obligation to the other except as set forth in paragraph 13.01,
(Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's
actual damages in the event of Purchaser's default are uncertain in amount and
difficult to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
Agenda Item No. 16A5
June 22, 2004
4 Page 81 of 98
CONSERVATION COlliER
Tall Identification Number: 00144920004
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 obfigations 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 Article 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.
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 trat 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~~No. 16A5
June 22, 2004
5 Page 82 of 98
CONSERVATION COlliER
Tax Identification Number: 00144920004
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 goveming 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 Purcha"er, directly or indirectly,
pursuant to or in connection with the application 01 ap}i federal, state, local or
common law relating to pollution or protection uf the br~'1ironment which shall
be in accordance with, but not limited to, the Camp 'shensive Environmental
Response, Compensation, and Uability Act of 1980, . ,2 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was aiYI1:"lided and upgraded by the
Superfund Amendment and Reauthorization Act cf 1986 ("SARA"), including
any amendments or successor in function to thes.:: 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 soie 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 'vritilJg, sent by facsimile with
Agenda Item No. 16A5
June 22, 2004
Page 83 of 98
6
CONSERVATION COlliER
Tax Identification Number: 00144920004
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
With a copy to:
If to Seller:
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
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
Cheryl R. Kraus, Trustee of the
White Sands Florida Land Trust Dated May 9, 2000
1075 Goodlette Road
Naples, FL 341 02-5449
Telephone number:
Fax number:
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
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 constiMe 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.
7
Agenda Item No. 16A5
June 22, 2004
Page 84 of 98
CONSERVATION COLLIER
T311lden1lflcatlon Number: 00144920004
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.)
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. lime 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:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Agenda Item No. 16A5
June 22, 2004
Page 85 of 98
8
CONSERVATION COLLIER
Tax Identification Number: 00144920004
AS TO SELLER:
DATED:
WITNESSES:
(Signature)
(Printed Name)
(Signature)
(Printed Name)
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
BY:
CHERYL R. KRAUS, as Trustee of the
White Sands Florida Land Trust
dated May 9, 2000
9
Agenda Item No. 16A5
June 22, 2004
Page 86 of 98
CONSERVATION COlliER
Tax Identification Number: 00144920004
-
EXHIBIT "A"
TAX IDENTIFICATION NUMBER: 00144920004
LEGAL DESCRIPTION: THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER
(1/4) OF THE NORTHEAST QUARTER (1/4) OF THE
SOUTHEAST QUARTER (1/4) OF SECTION 10,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
10
Agenda Item No. 16A5
June 22, 2004
Page 87 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between LIVINGSTON
INDUSTRIAL PARTNERS, llC, a Florida limited liability company, by its
undersigned Managing Member, whose address is 481 Carica Road, Naples, FL
34108, (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".
1.02 Both parties' obligations under this Agreement are contingent on the prior or
simultaneous closing of Purchaser's purchase of the following tracts of real property
(collectively the "Adjacent Parcels") that are adjacent to the Property (as described by
the following Tax Identification Numbers): (Allen) 00144200009, 00144800001,
00143120009, 00145000004, 00144880005, 00144840003, (Hains Tr.) 00144440005,
00145480006, & (Kraus Tr.) 00144920004. Purchaser warrants to and covenants with
Seller that Purchaser shall diligently pursue the purchase of the Adjacent Parcels, and
shall timely fulfill each of Purchaser's obligations under the respective purchase
contracts for the Adjacent Parcels.
1.03 If Purchaser, despite Purchaser's diligent good faith efforts, is unable to
successfully acquire the Adjacent Parcels within Ninety (90) days of the Board of
County Commissioners' execution of this Agreement, this Agreement will terminate and
the respective parties hereto will have no further liability or obligation to each other.
Termination pursuant to this section will not entitle Seller to liquidated damages under
Section 9.02 of this Agreement; provided that a default by Purchaser under any contract
for the purchase of the Adjacent Parcels shall be a default under this Agreement.
1.04 At or prior to Closing, Seller shall cancel any and all application submittals to any
governmental entity for zoning changes, development approvals, or permitting, and
shall satisfy in full any Seller commitments, fees, and/or other obligations related to or
encumbering the Property.
1
Agenda Item No. 16A5
June 22, 2004
Page 88 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Priceft) for the Property shall be Nine Million
Seven Hundred Eighteen Thousand Dollars ($9,718,000), (U.S. Currency) payable at
time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", ftDATE OF CLOSING", OR ftCLOSING") of
the transaction shall be held within Ninety (90) days following execution of this
Agreement by the Purchaser, 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 marketable title of the Property to Purchaser free
of any liens, reservations, or encumbrances. 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 (the "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.
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 10 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 "'">s'gr:ee, 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 sif'ce 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 tne 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 Artlcie III hereof, shall be subject
to adjustment for prorations as hereinafter set forth.
2
Agenda Item No. 16A5
June 22, 2004
Page 89 of 98
CONSERVATION COLLIER
Tax lden1iflcation Numbers: 00144640009,00145681009 & 00145680204
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 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 B Title Policy, issued pursuant to the Commitment
provided for in Section 4.011 below, shall be paid by Purchaser. All costs and fees
associated with the Commitment and Purchaser's acquisition and/or development loan,
if any. shall 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 tax amount for 2003 and paid by Seller.
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 B-1970) covering the Property, together with
hard copies of all exceptions shown thereon (the "Commitment").
Purchaser shall have Forty-five (45) 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 (the "Title Objections").
4.012 If Purchaser shall fail to advise the Seller in writing of any such Title
Objections in Seller's title within said 45 day period, the title shall be
deemed acceptable. Upon notification of Purchaser's Title Objections,
Seller shall have thirty (30) days to remedy, at its sole expense and using
diligent, good faith efforts, any such Title Objections as Seller decides, in
Seller's sole discretion, to cure. In the event Seller is unable or unwilling
to cure said Title Objections within said time period, Purchaser, by
providing written notice to Seller within seven (7) days after receipt of
Seller's notice thereof, may accept title as it then is, waiving such Title
Objections, or Purchaser may terminate the Agreement. Seller's failure to
respond to any request by Purchaser to cure any Title Objections shall be
deemed an election by Seller to not cure any such Title Objections.
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 Exhibits "A," if
any. If the survey obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the Property; or (b)
that an improvement located on the Property projects onto lands of others,
or (c) lack of legal access, the Purchaser shall, within the Forty-five (45)
day title objection period set forth in Paragraph 4.011 of this Agreement,
notify the Seller in writing of the encroachment, projection or lack of legal
access, and Seller shall treat iUthem as Title Objections. Purchaser must
raise any objections arising from matters revealed by Purchaser's survey
within the 45 day title objection period set forth in Paragraph 4.011 of this
Agreement or such objections are waived. Purchaser agrees and
acknowledges that the standard survey exceptions contained in the
Commitment shall be included in the owner's policy to be issued to
Purchaser unless Purchaser obtains a current survey of the Property that
meets Florida's minimum technical standards for surveys and is certified to
Purchaser, Purchaser's lender, if any, Title Agent, and the title insurance
underwriter. Agenda Item No. 16A5
June 22, 2004
Page 90 of 98
3
CONSERVATION COlliER
Tax IdlHltificatlon Numbers: 00144640009,00145681009 & 001456802(4
V. INSPECTION PERIOD
5.01 Purchaser shall have Sixty (60) days from the date of this Agreement
(ftlnspection Period") to determine through appropriate investigation that the Property
can be utilized for its intended purpose as county conservation lands, and is in
compliance with all applicable State and Federal environmental laws and free from any
pollution or contamination. Seller, to the best of Seller's knowledge, has delivered to
Purchaser copies of all previously obtained due diligence documents with lespect to the
Property, including without limitation all surveys, environmental assessments, soil tests,
endangered species assessments, and related tests, summaries, or documents in the
actual possession of Seller. Purchaser acknowledges receipt of such due diligence
documents from Seller.
5.02 Purchaser may terminate this Agreement by written notice to Seller before
expiration of the Inspection Period in Purchaser's sole discretion and without reason. If
Purchaser fails to properly terminate this Agreement before expiration of 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 due diligence and inspection documents
obtained by Purchaser with respect to the Property during the Inspection Period (the
"Diligence Documentsft), including without limitation all engineering reports and
environmental and soil testing results.
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 non-destructive site analyses, and reasonably necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the Property. If
Purchaser terminates this Agreement in accordance with its terms, Purchaser shall pay
in full the cost of all inspections, reports, surveys, and tests of any kind resulting from
Purchaser's inspection so that no person, firm, or entity shall have the right to file a lien
on the Property. Purchaser or Purchaser's agents shall not conduct any inspection so
as to cause damage to the Property, and Purchaser shall restore the Property to its pre-
inspection condition not later than ten (10) days after any such damage occurs. This
provision shall survive termination of this Agreement.
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 DELETED.
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.
4
Agenda Item No. 16A5
June 22,2004
Page 91 of 98
CONSERVATION COLLIER
Tax identification Numbers: 00144640009, 00145681009 & 00145680204
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 in the event Purchaser fails to perform any of the other terms,
covenants and conditions of this Agreement following ten (10) days notice and
opportunity to cure, then Seller, as its sole remedy, shall have the right to cancel this
Agreement for such default, in which case Purchaser shall pay to Seller the sum of
Ninety-Five Thousand Dollars ($95,000) as agreed-upon liquidated damages. In the
event of a suit by Seller to enforce its rights under this Paragraph 9.02, the prevailing
party or parties shall be entitled to recover reasonable paralegal and attorneys' fees and
other costs incurred in that action or proceeding, including those related to appeals.
The terms of this Paragraph 9.02 shall survive termination of this Agreement.
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 Article 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.
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.
5
Agenda Item No. 16A5
June 22, 2004
Page 92 of 98
CONSERVATION COlliER
Tax identifICation Numbers: 00144640009,00145681009 & 00145680204
10.017 Seller represents that Seller has no knowledge of: any
incinerators, septic tanks or cesspools on the Property; any waste being
discharged from the Property into any disposal system or receptacle other
than a public sanitary sewer system; any pollutants are or have been
discharged from the Property, directly or indirectly into any body of water;
any prior or present use of the Property 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, nor of any
proceeding or inquiry by any authority with respect thereto; any ground
water contamination on the Property or potential of ground water
contamination from neighboring properties; any storage tanks for gasoline
or any other substances presently or previously located on or under the
Property; or any prior or present use of the Property 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 To the best of Seller's knowledge, 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 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 DELETED.
6
Agenda Item No. 16A5
June 22, 2004
Page 93 of 98
CONSERVATION COLLIER
Tal( Identification Numbers: 00144640009,00145681009 & 00145680204
10.023 DELETED.
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: Thomas Taylor
Livingston Industrial Partners, LLC
481 Carica Road
Naples, FL 34108
Telephone number: 239-254-2000
Fax number: 239-254-2098
With a Copy To: John M. Passidomo
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South
Naples, FL 34102
Telephone number: 239-261-9300
Fax No.: (239) 261-0884
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 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 Purchaser and Seller warrant and represent to the other that each party has not
dealt with any broker. Each party shall pay any brokerage fees or commissions due
and payable to any agent or broker retained by such party relative to the purchase and
sale of the Property. These warranties and representations shall survive Closing.
Agenda Item No. 16A5
June 22, 2004
Page 94 of 98
CONSERVATION COlliER
Tax identification Numbers: 00144640009,00145681009 & 00145680204
.-
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,5uccessors, 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 ~l,.,neficial interest in the
Property before Property held in such capacity is conveyed to Gollier County. (If the
corporation is registered with the Federal Securities Exchange Commission or
registered pursuant to Chapter 517, Florida Statutes, wnC::>9 "rock is for sale to the
general public, it is hereby exempt from the provisions of Ghapt~r 286, Florida Statutes.)
13.10 This Agreement is governed and construed in aGGu rdance with the laws of the
State of Florida.
13.11 In addition to the acts recited in this Agreemeflt to Otl performed by Seller and
Purchaser, Seller and Purchaser agree to perform or cause to be performed any and all
such further acts as may be reasonably necessary to consummate the transaction
contemplated hereby.
13.12 Purchaser acknowledges that Seller may be selling such the Property as part of
a like-kind exchange under Section 1031 of the Internal Revenue Code and the
regulation promulgated thereunder. Purchaser agrees to c.ooperate with Seller in
completing such exchange and in that regard, St:lier lnay assigIf\Q1errdStltam:iNo. 16A5
June 22, 2004
Page 95 of 98
8
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
obligations under this Agreement to Seller's intermediary in order to complete the
exchange, provided that such assignment will not release Seller from its obligations
under the Agreement. Such cooperation by Purchaser will not impose any additional
obligations or expenses on Purchaser which are not reimbursed by Seller.
XW. 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:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
9
Agenda Item No. 16A5
June 22, 2004
Page 96 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & oo145680<:~4
AS TO SELLER:
DATED:
WITNESSES:
LIVINGSTON INDUSTRIAL PARTNERS,
LLC, a Florida limited liability company
(Signature)
(Printed Name)
BY:
THOMAS M. TAYLOR, as Managing
Member
(Signature)
(Printed Name)
(Signature)
LIVINGSTON INDUSTRIAL PARTNERS,
LLC, a Florida limited liability company
(Printed Name)
BY:
CHRISTOPHER L. ALLEN, as
Managing Member
(Signature)
(Printed Name)
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
10
Agenda Item No. 16A!5
June 22, 2004
Page 97 of 98
CONSERVATION COLLIER
Tax Identification Numbers: 00144640009,00145681009 & 00145680204
EXHIBIT" A"
TAX IDENTIFICATION NUMBER: 00144640009
TAX IDENTIFICATION NUMBER: 00145681009
TAX IDENTIFICATION NUMBER: 00145680204
LEGAL DESCRIPTION: SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SECTION 10, TUWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED
PREMISES:
ROAD RIGHT-OF-WAY EASEMENT: A PARCEL OF LAND LOCATED IN THE
SOUTHEAST QUARTER (1/4) OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOllOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89
DEGREES 59'18" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER (1/4) OF SAID SECTION 10 FOR A DISTANCE OF 1271.74 FEET TO THE
SOUTHWEST CORNER OF SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SAID SECTION 10; THENCE RUN NORTH 01 DEGREES 31'28"
WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4) OF THE
SOUTHEAST QUARTER (1/4) OF SAID SECTION 10 FOR A DISTANCE OF 130.05
FEET TO A POINT 130.00 FEET NORTHERLY OF , AS MEASURED AT RIGHT
ANGLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID
SECTION 10; THENCE RUN SOUTH 89 DEGREES 59'18"EAST, PARALLEL WITH
THE SOUTH LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 10 FOR
A DISTANCE OF 667.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE CONCAVE TO THE NORTHWEST; THENCE RUN NORTHEASTERLY
ALONG THE ARC OF SAID CURVE TO THE LEFT; HAVING A RADIUS OF 2734.79
FEET, THROUGH A CENTRAL ANGLE OF 03 DEGREES 53'09" , SUBTENDED BY A
CHORD OF 185.43 FEET AT A BEARING OF NORTH 88 DEGREES 04'08" EAST,
FOR A DISTANCE OF 185.47 FEET TO THE END OF SAID CURVE; THENCE RUN
NORTH 86 DEGREES 07'33" EAST FOR A DISTANCE OF 420.94 FEET TO A POINT
ON THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 10;
THENCE RUN SOUTH 00 DEGREES 49'50" EAST ALONG THE SAID EAST LINE
FOR A DISTANCE OF 164.83 FEET TO THE POINT OF BEGINNING.
11
Agenda Item No. 16A5
June 22, 2004
Page 98 of 98
1,If-itJf"~
EXECUTIVE SUMMARY
,-
Assianment Aareement For Easement For Fiddler's Creek Phase 2A Golf Course
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the Assignment
Agreement for the easement for Fiddler's Creek Phase 2A Golf Course water and sewer
facilities.
CONSIDERATIONS:
1) Fiddler's Creek Community Development District, has constructed the water and
sewer facilities within platted easements to serve this development. See attached
location map.
2) The Assignment Agreement for the easement has been reviewed by the County
Attorney's office for legal sufficiency.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water and
sewer facilities will be paid by monthly user revenues.
_ GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and the South Regional Wastewater Treatment Plant.
This project will not create a new impact, as it was planned for within facilities available
at present.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept and sign the
Assignment Agreement for the easement for Fiddler's Creek Phase 2A Golf Course.
,-,
Agenda Item No. 16A6
June 22, 2004
Page 1 of 8
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-16A6
Assignment Agreement - Fiddier's Creek Phase 2A GC (Runaway Lane)
6/22/20049:00:00 AM
Prepared By
Sherry Eaton
Community Development &
Environmental Services
Engineering Technician
6/2/20043:18:23 PM
Approved By
Engineering Services
Joseph K. Schmitt
Community Development 8.
Environmental Services
Community Development 8.
Enl/ironmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
6/10120044:49 PM
Approved By
Pat Lehnhard
County Manager's Office
Adm inistrat,lye Assistant
Date
Office of Management 8. Budget
6/10/2004 5:04 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Mani3gem~nt & Budget
6/14/20049:02 AM
Approved By
Michael Smykowski
County Manager's Office
Management 8. Budget Director
Date
Office of Management & Budget
6/14/200410:29 AM
Approved By
Jam!~s V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/14/20042:50 PM
Approved By
Thomas E. Kuck, P.E.
Community Dev~lopment &
Envirommmtal Services
COES Engineering Services Director
Date
COES Engineering Services
6/312004 9: 11 AM
Approved By
Sandra Lea
Community Development &
Environmental Services
Executive Secretary
Community Development &
Envitonm~ntal S~rvices Admin.
Date
Agenda Itfl!9}J}l@4.1~~M
June~'2-, ~Ob4
r~ge 2 uf e
,
,
ORIGINAL
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT made and entered into this -;;{ DJLL day of
--n1tt/l C/~ ,2003, by and between the FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter
referred to as "Assignor"), and the BOARD OF COUNTY COMMISS lONERS OF COLLIER
COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO
BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee").
WHEREAS, Assignor is the Grantee under that certain Utility Easement ("Utility
Easement") from 951 land Holdings, Ltd., a Florida limited partnership ("951 land
Holdings") and FC Golf, Ltd., a Florida limited partnership ("FC Golf'), to Assignor
concerning certain water and sewer facilities located within the real property referenced in
said Utility Easement, a copy of said Utility Easement being attached hereto and made a
part hereof as Exhibit "A"; and
WHEREAS, certain water and sewer facilities located within the aforedescribed
Utility Easement have been conveyed to Assignor from 951 Land Holdings and FC Golf
by Bill of Sale and Utility Facilities Warranty Deed, which water and sewer facilities are
simultaneously herewith being conveyed to Assignee from Assignor; and
WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the
Grantee in said Utilitx Easement as to said water and sewer utility facilities.
NOW THEREFORE WI TN ESSETH that for and in consideration of the premises and
in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is
acknowledged by Assignorfrom Assignee, and other good and valuable consideration, the
parties hereto agree as follows:
1) Assignor hereby conveys, grants, transfers, demises, releases and assigns
unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under
the Utility Easement referenced hereto and made a part hereof as Exhibit "An as to the
aforesaid water and sewer utility facilities. Assignee aforesaid hereby accepts said
assignment.
2) Governing Law. This Assignment shall be construed and enforced in
accordance with and governed by the laws of the State of Florida.
Page I of 3
Agenda Item No. 16A6
June 22, 2004
Page 3 of 8
3) Modification: Additional Assurances. No change, amendment, modification
or cancellation of any part of this Assignment Agreement shall be valid unless in writing
alld signed by Assignor and Assignee.
4) Binding Effect. The terms, covenants and conditions contained herein shall
inure to the benefit and be binding upon Assignee and Assignor and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
and year first written.
Attest:
ASSIGNOR:
FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTRICT
By: ~.~
Clifford.. . . n, Vice Chairman
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Assignment Agreement was sworn to and subscribed before me by
Clifford A. Olson, as Vice Chairman of the FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTRICT, on behalf of the Fiddler's Creek Community Development
District who is personally known to me.
WITNESS my hand and official seal this
)0 ~ay of ~"- ,2003.
(!. ~'-
Notary Public
Print Name:
My Commission Expires:
(SEAL)
,"~r~ CARRIE E.l..ADEUAN I
{!ri'~ MY CQMMISSKJN 'DO 03Il891 .
~ ~ EXPIRES: ~ 22, 2006 I
"~..er:..." Bondodl1uuNMyNllr:~
Page 2 of 3
Agenda Item No. 16A6
June 22, 2004
Page 4 of 8
ASSIGNEE:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARDOFTHE COLLIER
COUNTY WATER-SEWER DISTRICT
ATTEST:
DWIGHT E. BROCK, Clerk
By:
BY:
Donna Fiala, Chairman
Approved as to from and
legal sufficiency
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
I well known to me to be the Chairman of the Board of County
Commissioners, Collier County, Florida, As The Governing Body of Collier County and as
Ex-Officio the Governing Board of The Collier County Water-Sewer District, being
authorized so to do, executed the foregoing Assignment Agreement for the purpose therein
contained under authority duly invested by the Board of County Commissioners, and that
the seal affixed thereto is the true seal of said Board.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2004.
(Notarial Seal)
Notary Public
Print Name:
My Commission Expires:
This instrument prepared by:
Anthony P. Pires, Jr.
Woodward, Pires & lombardo, P.A.
3200 Tamiami Trail North, Suite 200
Naples, Florida 34103
(239) 649-6555
F\USERS\W ANDA\RDDLERS\2A Golf Course\CDD to Counly\ASSIGN.AGR:.vpd
Page 3 of 3
Agenda Item No. 16A6
June 22, 2004
Page 5 of 8
,;.
.
HM
HOLE MONTES
ENGNfRS. A.AlIfIlS . SlJMYORS
950 Encore W'6f' Naples, Florida 34110 . Phone: 239.254.2000 . Fax: 239254.2099
EXHIBIT
Page 1
"An
HM PROJECT #2001090
2/25/2003
REF. DWG. #8-4071-2
PAGE 1 of 2
,-
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF TRACTS F-6A, FGG-8, 6, FC-3, FGG-5B AND F-47A,
FIDDLER'S CREEK PHASE 2A, UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 35, AT PAGES 92 THROUGH 95, OF THE PUBLIC RECORDS OF COlliER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS:
COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT R, FIDDLER'S CREEK PHASE 1B,
UNIT THREE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29, AT PAGES 77
THROUGH 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN
N.74051 '50"E. ALONG THE BOUNDARY OF SAID TRACT R, FOR A DISTANCE OF 265.27 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN
NORTHEASTERLY ALONG THE BOUNDARY OF SAID TRACT R AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAl ANGLE OF
41014'31", SUBTENDED BY A CHORD OF 739.59 FEET AT A BEARING OF N.54014'35"E., FOR A
DISTANCE OF 755.80 FEET; THENCE RUN N.76025'54"E., FOR A DISTANCE OF 33.98 FEET TO A
POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS
N.29014'30"E., A DISTANCE OF 300.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL
ANGLE OF 03027'06", SUBTENDED BY A CHORD OF 18.07 FEET AT A BEARING OF S.62029'03"E.,
FOR A DISTANCE OF 18.07 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN N.25047'23"E., FOR A DISTANCE OF 60.00 FEET TO A POINT ON A
CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.25047'23"E., A
DISTANCE OF 240.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 240.00 FEET, THROUGH A CENTRAl ANGLE OF
45029'09", SUBTENDED BY A CHORD OF 185.57 FEET AT A BEARING OF S.86057'11 "E., FOR A
DISTANCE OF 190.53 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE
RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 555.00
FEET, THROUGH A CENTRAL ANGLE OF 15010'44", SUBTENDED BY A CHORD OF 146.60 FEET AT A
BEARING OF N.77053'36"E., FOR A DISTANCE OF 147.03 FEET TO THE END OF SAID CURVE;
THENCE RUN N.85028'SS"E., FOR A DISTANCE OF 191.90 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 205.00 FEET, THROUGH A CENTRAL
ANGLE OF 21052'55", SUBTENDEO BY A CHORD OF 77.82 FEET AT A BEARING OF S.83034'34"E.,
FOR A DISTANCE OF 7829 FEET TO THE END OF SAID CURVE; THENCE RUN S.24041'43"W., FOR A
DISTANCE OF 60.70 FEET TO A POINT ON A CIRCULAR CURVE, CONCA VE SOUTHERLY, WHOSE
RADIUS POINT BEARS S.14018'10"W., A DISTANCE OF 145.00 FEET THEREFROM; THENCE RUN
WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF, 145.00 FEET,
THROUGH A CENTRAL ANGLE OF 12052'54", SUBTENDED BY A CHORD OF 32.53 FEET AT A
BEARING OF N.82008'17''W., FOR A DISTANCE OF 32.60 FEET TO THE END OF SAID CURVE;
THENCE RUN S.04036'23"E., FOR A DISTANCE OF 10.65 FEET; THENCE RUN S.85023'37"W., FOR A
DISTANCE OF 156.06 FEET; THENCE RUN S.04031'02"E., FOR A DISTANCE OF 15.46 FEET; THENCE
RUN S.8502B'58"W., FOR A DISTANCE OF 15.00 FEET; THENCE RUN N.04031'02'W., FOR A
DISTANCE OF 27.13 FEET; THENCE RUN S.B5028'5B"W., FOR A DISTANCE OF 33.07 FEET; THENCE
RUN S.51002'00"E., FOR A DISTANCE OF 12.51 FEET; THENCE RUN S.0402B'1S"E., FOR A DISTANCE
OF 1B.52 FEET; THENCE RUN S.85031'42"W., FOR A DISTANCE OF 15.00 FEET; THENCE RUN
N.04028'18"W., FOR A DISTANCE OF 12.07 FEET; THENCE RUN N.51002'OO"W., FOR A DISTANCE OF
21.36 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHERLY, WHOSE RADIUS POINT
Agenda Item No. 16A6
June 22, 2004
W:\I99I\It9I07lM.UNWAY.SL-tdoc Page 6 of 8
N"n1.... . I'M .......... . VMW:& . F:nnl""""'"
...
EXHIBIT "A"
Page 2
HM PROJECT #2001090
2/2512003
REF. DWG. #B-4071-2
PAGE 2 of 2
BEARS S.06040'31 "E., A DISTANCE OF 495.00 FEET THEREFROM; THENCE RUN WESTERLY ALONG
THE ARC OF SAID CURVE TO THe LEFT, HAVING A RADIUS OF 495.00 FEET, THROUGH A CENTRAL
ANGLE OF 13001'15., SUBTENDED BY A CHORD OF 112.25 FEET AT A BEARING OF S.76048'52W.,
FOR A DISTANCE OF 112.49 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY;
THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
300.00 FEET, THROUGH A CENTRAL ANGLE OF 45~9'09., SUBTENDED BY A CHORD OF 231.96
FEET AT A BEARING OF N.86057'11"W., FOR A DISTANCE OF 238.16 FEET TO THE POINT OF
BEGINNING: CONTAINING 0.900 ACRE, MORE OR lESS.
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE MOST SOUTEASTERl Y LINE OF TRACT R, FIDDLER'S
CREEK PHASE 1 B, UNIT THREE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 29, AT PAGES 77 THROUGH 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
AS BEING N.74051'50"E.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER L81772
BY: if~AS"::. k~ ~i-~~E ~~2:LORIDA
W:\l99l\l99t07l111tU1lW A Y -SL-1.cb:
Agenda Item No. 16A6
June 22, 2004
Page 7 of 8
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EXECUTIVE SUMMARY
Assignment Agreement For Easement For Fiddler's Creek Phase 2A, Unit 1
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the Assignment
Ag~:::>T1ent for the easement for Fiddler's Creek Phase 2A, Unit 1 water and sewer
facilities,
CONSIDERATIONS:
1) Fiddler's Creek Community Development District has constructed the Fiddler's
Creek Phase 2A, Unit 1, water and sewer facilities within platted easements to
serve this development. See attached location map.
.....-
2) The Assignment Agreement for the easement has been reviewed by the County
Attorney's office for legal sufficiency.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water and
sewer facilities will be paid by monthly user revenues.
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and the South Regional Wastewater Treatment Plant.
This project will not create a new impact, as it was planned for within facilities available
at present.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept and sign the
Assignment Agreement for the easement for Fiddler's Creek Phase 2A, Unit 1.
_.
Agenda Item No. 16A7
June 22, 2004
Page 1 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16A7
Item Summary
Assignment Agreement - Fiddier's Creek Phase 2A, Unit 1
Meeting Date
6/22/2004 9:00:00 AM
!'r.:parcd By
S~t(;;(j' ~.: -.::ton
Engineering Technician
612/20043:16:48 PM
CC';1~'T'ity Development &
"' '1tal Services
Engineering Services
Approved By
~~;~;,:>< Lea
Execul.ll/e Secretary
Dale
'~'.)r.'i"",.;",:.y Development &
EnvIronmental Servtces
Community Development &
Environmental Services Admin,
6/1 OiZ004 8:13 AM
,\lJlJroved By
Joseph K. Schmitt
CommunHy Development 8.
EnvironmlS!ntal SlS!rvices Adminstrator
Date
Community Development &.
Env;romrlllnta! Snrvices
Community Development &
Enl/ironmental Services Admin.
6/10/20044:52 PM
Approved By
Pat Lehnhard
Administrative Assistant
Date
County Manager':> Office
Office of Management & 811dg~t
6/11/20048:34 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management &. Budget
6/14i2004 9:17 AM
Approved By
Michael Smykowski
Management & Budget Oiruc:tor
Dale
County Manager's Office
Office of Management & Budget
6/14/2004 10:30 AM
Approved By
James V. Mudd
County Manager
O<lte
Board of County
Commissioners
County Manager's Office
6114/20043:02 PM
Approved By
Thomas E. Kuck, P.E.
CDES Engineering Services Director
Date
Community Development &
Environmental Service:>
COES Engineering Services
Agenda It@m.JNSk ~lQ~i.M
June~'2', ~004
Page 2 of 7
ASSIGNMENT AGREEMENT
T IS ASSIGNMENT AGREEMENT made and entered into this ,J()/'-- day of
ct./ ( ~ , 2003, by and between the FIDDLER'S CREEK COMMUNITY
DEVEl PMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter
referred t ;lS "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUN .4.S THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO
BOARD HE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRI its successors and assigns, (hereinafter referred to as "Assignee").
EREAS I Assignor is the Grantee under that certain Assignment of Reservations
certain Utility Easements ("Utility Easements") from 951 land Holdings, Ltd., a
Florida Ii :led partnership ("951 Land Holdings"), to Assignor concerning certain water and
sewerfa illties located within the real property referenced in said Utility Easements, a copy
of said U Illy Easements being attached hereto and made a part hereof as Exhibit "An; and
W EREAS, certain water and sewer facilities located within the aforedescribed
Utility Ea cments have been conveyed to Assignor from 951 land Holdings by Bill of Sale
and Utilit Facilities Warranty Deed, which water and sewer facilities are simultaneously
herewith f~ing conveyed to Assignee from Assignor; and
EREAS, it is necessary that Assignee obtain the rights of Assignor as the
said Utility Easements as to said water and sewer utility facilities.
\:V THEREFORE WITNESSETH that for and in consideration ofthe premises and
!-ation of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is
qed by Assignor from Assignee, and other good and valuable consideration, the
loto agree as follows:
1) Assignor hereby conveys, grants, transfers, demises, releases and assigns
unto Assi nee, its successors and assigns, all of the rights of Assignor as Grantee under
the Utili Easements referenced hereto and made a part hereof as Exhibit "A" as to the
aforesaid Ivater and sewer utility facilities. Assignee aforesaid hereby accepts said
assignm r t.
2) Governing Law. This Assignment shall be construed and enforced in
accordan D with and governed by the laws of the State of Florida.
Page I of 3
Agenda Item No. 16A7
June 22, 2004
Page 3 of7
3) Modification: Additional Assurances. No change, amendment, modification
or cance 1<'1 lion of any part of this Assignment Agreement shall be valid unless in writing
and sign d by Assignor and Assignee.
4) Bindina Effect. The terms, covenants and conditions contained herein shall
inure to he benefit and be binding upon Assignee and Assignor and their respective
success rs and assigns.
I VoJlTNESS WHEREOF, the parties have executed this Agreement as of the date
and year first written.
Attest:
ASSIGNOR:
FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTRICT
--- ---
By. ..~~.
'Cliff~ on, V~e Chairm~n
STATE F FLORIDA
COUN OF COLLIER
T
Clifford
DEVEL
District
e foregoing Assignment Agreement was sworn to and subscribed before me by
. Olson, as Vice Chairman of the FIDDLER'S CREEK COMMUNITY
MENT DISTRICT, on behalf of the Fiddler's Creek Community Development
o is personally known to me.
,2003.
W TNESS my hand and official seal this 'Z c
~
otary Public
Print Name:
My Commission Expires:
(SEAL)
..~v PlJ OFflClAlNOTARYSEAL
0.... "<'", ElAI'lE '" POSNA
. ~ COolMISSlON N\AlBEA
.... ~ CC82e769
7?- ~ MY COIoIMISSIClN EXPIRES
OF F\.O APR.14 003
Page 2 of 3
Agenda Item No. 16A7
June 22, 2004
Page 4 of 7
ASSIGNEE:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARDOFTHE COLLIER
COUNTY WATER-SEWER DISTRICT
ATTES
DWIGH E. BROCK, Clerk
By:
BY:
Donna Fiala, Chairman
Approve as to from and
legal su iciency
Assistan County Attorney
This inst ument prepared by:
Anthony P. Pires, Jr.
Woodw rd, Pires & Lombardo, P.A.
3200 Ta lami Trail North, Suite 200
Naples, iorida 34103
(239) 64 -6555
F:\USERS\W I' DA\FIDDLERS\2A-UNrrl\CDD 10 Counly\ASSIGN.AGRwpd
Page 3 of 3
Agenda Item No. 16A7
June 22, 2004
Page 5 of 7
"WI EXHIBIT "A"
HOLE MONTES P ag e 1
BIHBlS' PI.NHRS .::UMYOOS
950 Ena:n Way' Napes, F1oRfa34110 . Pmne: 239.254.2000 . Fax: 239.2Sf.2alQ
HM PROJECT #2001090
2125/2003
REF. DWG. ##8-4071-1
PAGE 1 of 1
LEGAL FSCRIPTION:
A PARC OF LAND LOCATED IN A PORTION OF TRACTS FGG-8. F-6A AND F-47A. FIDDLER'S
CREEK. ASE 2A, UNIT ONE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN'~T BOOK
35, AT ~ GES 92 THROUGH 95, OF THE PUBLIC RECORDS OF, COLLIER COUNTY, flORIDA, BEING
MORE P TICULARL Y DESCRIBED AS FOlLOWS:
COMM E AT THE MOST SOUTHEASTERLY CORNER OF TRACT R, FIDDlERS CREEK PHASE 1B,
UNIT 11-1 EE, ACCORDING TO THE PlAT THEREOF AS RECORDED IN PLAT BOOK 29, AT PAGES 77
THROUG 85, OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA; THENCE RUN
N.748S1 'E. ALONG THE BOUNDARY OF SAID TRACT R. FOR A DISTANCE OF 265.27 FEET TO THE
BEGINNl OF A TANGENTIAL CIRCUlAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN
NORTH TERL. Y ALONG THE BOUNDARY OF SAID TRACT R AND ALONG THE ARC OF SAID
CURVE THE LEFT. HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF
41"14"310, SUBTENDED BY A CHORD OF 739.59 FEET AT A BEARING OF N.54"14'35"E., FOR A
DISTANC OF 755.80 FEET, TO lliE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIB THE SAME BEING A POINT OF COMPOUND CURVE, CONCAVE NORTHWESTEAL Y;
THENCE UN.NORTHEASTERl Y ALONG THE BOUNDARY OF SAID TRACT "R'" AND ALONG THE
ARC OF D CURVE TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL
ANGLE Oso52"Otr, SUBTENDED BY A CHORD OF 107.49 FEET AT A BEARING OF N.3O'"41'16"E.,
FOR A DANCE OF 107.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.1S052'210E., FOR A
DIST. OF 35~12 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERlY, WHOSE
RADIUS NT BEARS N.28"3O'OSoE., A DISTANCE OF 240_00 FEET THEREFROM; THENCE RUN
EASTERL ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 240_00 FEET,
THROUGH CENTRAL ANGLE OF 02042'410, SUBTENDED BY A CHORD OF 11.36 FEET AT A
BEARING . 5..62"51'1 a-e., FOR A DISTANCE OF 11.36 FEET TO THE END OF SAID CURVE; THENCE
RUN 5.25- '23"W.. FOR A DISTANCE OF 60.00 FEET TO A POINT ON A CIRCUlAR CURVE,
CONCAVE RTHERL Y; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HA NG A RADIUS OF 300.00 FEET, THROUGH A CeITRAL ANGLE OF 03"27'060,
SUBTEND BY A CHORD OF 18.07 FEET AT A BEARING OF N.62.29'03"W., FOR A DISTANCE OF
18.07 FEET 0 THE END OF SAID CURVE; THENCE RUN S.76"25'54"W., FOR A DISTANCE OF 33.98
FEET, TO E POINT OF BEGINNING: CONTAINING 0.066 ACRE, MORE OR LESS.
TV SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS HOWN HEREON REFER TO THE MOST SOUTEASTERL Y LINE OF TRACT R, FIDDLER'S
CREEK E 1 B, UNIT THREE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 29, A PAGES 77 THROUGH 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
AS BEING N. 4 "51'SOoe.
S,INC.
OF AUTHORlZAT:ON NUMBER LB 1n2
BY:
P.S.M. #5628
STATE OF FLORIDA
w;\1991\l99lll7ll\Jl\JNWA -"\--1....
Agenda Item No. 16A7
June 22, 2004
Page 6 of 7
Naples . Fort Myers . Venice . Englewood
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EXECUTIVE SUMMARY
--
Assignment Agreement For Easement For Fiddler's Creek Phase 3, Unit 1
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the Assignment
Agreement for the easement for Fiddler s Creek Phase 3, Unit 1, water and sewer
facilities.
CONSIDERATIONS:
1) Fiddler's Creek Community Development District 1 has constructed the water and
sewer facilities within platted easements to serve this development. See attached
location map.
2) The Assignment Agreement for the easement has been reviewed by the County
Attorney's office for legal sufficiency.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water and
sewer facilities will be paid by monthly user revenues.
.-
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and the South Regional Wastewater Treatment Plant.
This project will not create a new impact, as it was planned for within facilities available
at present.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept and sign the
Assignment Agreement for the easement for Fiddler's Creek Phase 3, Unit 1.
~.
Agenda Item No. 16A8
June 22, 2004
Page 1 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMiSSiONERS
Item Number
16.';8
Item Summary
k;signment f~greernent." Fiddier's Creek Phase:3, Unit: (Club Center Drive",
Meeting Date
6i22i:2004 9:00:00 .A.M
Prepared By
Sherfji E.<lt(m
Engil~ear-ing Te{":hr:ider:
6!3!2004 "j 0: 15:3Ei
AM
Community DElielopment &
Environmental Services
Engir:eerlng Sarvjcas
Approved By
Sandra Lea
Executive Secretary
Community Development &.
Ellvironmenml ServicfC's A.dmin.
O"te
Community Development &.
Environmenml Services
6!~ (lf2(l{}4 B: 16 AM
Approved By
Josr,ph K. Schmitt
Community Development &
Environmental Services Adminstfiltor
Datt'
Community Dlivelopment &
En\!ironmental Serv!c",!>
Community Dlivdopment &
En\!ironmlintal SeFvic<:.s Admin.
6!Hl!20M 4:50 PM
Approved By
Pat Lehnnard
Administriltive A.ssistzmt
Date
County ManagEr's Office
Office of Milnagement & Budget
6!"1112004 8::16 AM
Approved By
Marl< Isackson
Budget Analyst
D"te
COBnty Managr:r's Office
Office of M.1nagemt,nt & Buogt,t
6!;4:2004 9:11 AM
Approved By
Michael SmY~tw{ski
Mer:agemenlll. Budget mreclor
[Jete
County Manager's Office
Office M Management II. Bl:dget
5i1~12(lM 1{l;3;? AM
Approved By
J~mes V. Mudd
County Manager
D~t",
BO~frl of County
Commis~ioners
County Manager's Office
6j-; 4:2004 3;{jij PM
Approved By
Thomas E. Kuc~, P.c.
CDES Engineering Serlilces Director
D<;te
Community Development .;.
Environmental Services
CDES Engh~fje,'jr:g SerV'kes
$1312004 1 :00 PM
Agenda Item No. 16A8
June 22, 2004
Page 2 of 7
ASSIGNMENT AGREEMENT
(Fiddler's Creek, Phase 3, Unit One)
THIS ASSIGNMENT AGREEMENT made and entered into this I :~;~A.. day of
J71'il~{( (1 ,2004, by and between the FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTRICT 1, a political subdivision of the State of Florida, (hereinafter
referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNT'( AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO
BOARD ITHE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTR~. its successors and assigns, (hereinafter referred to as "Assignee").
EREAS, Assignor is the Grantee under that certain Assignment of Reservations
and that certain Utility Easement ("Utility Easement") from 951 Land Holdings, Ltd., a
Florida lit1ted partnership ("951 Land Holdings"); GB 31, Ltd., a Florida limited partnership
("GB 31" ; and FC GOLF, LTD., a Florida limited partnership ("FC GOLF"); to Assignor
concerni q certain water and sewer facilities located within the real property referenced in
said Utili. Easement, a copy of said Utility Easement being attached hereto and made a
part hereiof as Exhibit "A"; and
~HEREAS, certain water and sewer facilities located within the aforedescribed
Utility Ea~nment have been conveyed to Assignor from 951 Land Holdings, GB 31, and FC
GOLF b Utility Facilities Warranty Deed and Bill of Sale, which water and sewer facilities
are simu t;::Jneously herewith being conveyed to Assignee from Assignor; and
I
. WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the
Grantee !ill said Utility Easements as to said water and sewer utility facilities;
Nbw THEREFORE WITNESSETH that for and in consideration of the premises and
in consiqJeration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is
acknowl$(jged by Assignorfrom Assignee, and other good and valuable consideration, the
parties h~reto agree as follows:
!
1) Assignor hereby conveys, grants, transfers, demises, releases and assigns
unto AS~flnee, its successors and assigns, all of the rights of Assignor as Grantee under
the Utility Easement(s) referenced hereto and made a part hereof as Exhibit "A" as to the
aforesai<ll water and sewer utility facilities. ASSignee aforesaid hereby accepts said
assignm~nt.
2~ Governing Law. This Assignment shall be construed and enforced in
accorda~ce with and governed by the laws of the State of Florida.
Page 1 of 3
Agenda Item No. 16A8
June 22, 2004
Page 3 of 7
3) Modification; Additional Assurances. No change, amendment, modification
or cance I"lion of any part of this Assignment Agreement shall be valid unless in writing
and sign Ii by Assignor and Assignee.
4) Binding Effect. The terms, covenants and conditions contained herein shall
inure to hH benefit and be binding upon Assignee and Assignor and their respective
success r'; and assigns.
I WITNESS WHEREOF, the parties have executed this Agreement as of the date
and year fn st written.
Attest:
I,
/
ASSIGNOR:
FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTRICT 1
By: ~:~~-
Cliffet=d- . Olson, Vice Chairman
r FLORIDA
elF COLLIER
e foregoing Assignment Agreement was sworn to and subscribed before me by
Clifford Olson, as Vice Chairman of the FIDDLER'S CREEK COMMUNITY
DEVEL PMENT DISTRICT 1, on behalf of the Fiddler's Creek Community Development
District () is personally known to me.
W TNESS my hand and official seal this
Iq~Lday of l.../Ylcl1eA-
,
(I. ,!vL!LL ,[6 i, l
Notary Public
Print Name:
My Commission Expires:
(S EAL)
,2004.
....:.:;::;::;.-.., ~,e<)l~ r tAOEr.tAN
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Page 2 of 3
ASSIGNEE:
A TTES :
DW:r E. BROCK, Cieri<
By:
9€ puty Clerk
I
I
I
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
Donna Fiala, Chairman
i
Approv~ as to from and
legal sufficiency
Assista1t County Attorney
STATE bF FLORIDA
COUNTY OF COLLIER
ILEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State ~~d County aforesaid to take acknowledgments, personally appeared
, well known to me to be the Chairman of the Board of County
Commisb,oners, Collier County, Florida, As The Governing Body of Collier County and as
Ex-Offic c the Governing Board of The Collier County Water-Sewer District, being
authoriz d so to do, executed the foregoing Assignment Agreement for the purpose therein
contain d under authority duly invested by the Board of County Commissioners, and that
the seal affixed thereto is the true seal of said Board.
ITNESS my hand and official seal in the County and State last aforesaid this
day of , 20_.
otarial Seal)
Nota 'y Public
Print Name:
My Commission Expires:
This instument prepared by:
AnthonYI P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 Tarnlami Trail North, Suite 200
Naples, florida 34103
(239) 6 . -6555
F:\USERS\ J'. "\lDA\FIDDLERS\3-Unil l\CDD 10 County\ASSIGN.AGR.wpd
Page 3 of 3
Agenda Item No. 16A8
June 22, 2004
Page 5 of 7
-
EXHIBIT "An
FIDDLER'S CREEK
(Phase 3, Unit One)
T ct R-l, Tract R-2 and all C.U.E.'s (County Utility Easements) as shown on the
plat ,CFiddler's Creek, Phase 3, Unit One, according to the plat thereof, recorded in
PIa: l300k 40, Pages 85 through 100, of the Public Records of Collier County,
Flp; Ja.
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F:\USERS\WA IlA\FIDDLERS\3-Unit l\Legal.wpd
Agenda Item No. 16A8
June 22, 2004
Page 6 of 7
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EXECUTIVE SUMMARY
--
Assignment Agreement For Easement For Fiddler's Creek Temporary Irrigation Meters
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the Assignment
Ac. F;:,,(',e'it for the easement for Fiddler's Creek Temporary Irrigation Meters water
fa~,;ii; es.
CONSIDERATIONS:
1) F:dd,er's Creek Community Development District has constructed the water
facilities within platted easements to serve this development. See attached
locution map. .
2) The Assignment Agreement for the easement has been reviewed by the County
Attorney's office for legal sufficiency.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water and
sewer facilities will be paid by monthly user revenues.
/-
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and the South Regional Wastewater Treatment Plant.
This project will not create a new impact, as it was planned for within facilities available
at present.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept and sign the
Assignment Agreement for the easement for Fiddler's Creek Temporary Irrigation
Meters.
----
Agenda Item No. 16A9
June 22,2004
Page 1 of 7
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUN1Y COMMiSSIONERS
16,<\9
Assignment Agreement - Fiddler's Creek Temporar,.: irrigation Meters.
6i2212004 9:00:00 AM
Prepared By
Sherry EatQn
Community Df:\Ielcpment &,
Env1ronmmltal SEHvices
6/3/200410:17:05
Engineering Technician
AM
Approved By
Eng1nE.'ering Services
S anora Lf:3
Community Deyelcpment &
Environmental SarvEces
Executive Secretary
Ccmml.;r;ity Development &
Erwironmental Services Admin.
Date
Gf10i2004 8:18 AM
Approved By
Joseph K. Schmitt
Community Development 80
Environmental Services
Community r)mrelopment. &
Environmental Services Adminst.rator
Date
Community Development 8.
Environmental SelVl~s Adm~n,
6/'lO!2004 4:50 PM
A pproved By
Pat Letmhard
County Manager's Gffice
Administrative Assistant
Date
Gffice of Management & Bl.;dget
€/11f2l)(}4 8:38 AM
Approved By
Mark Isackson
County Manager's Office
Budget An3lyst
Date
Office of l'i!ana9Gn1limt & Budget
6114i.20Q4 9:28 AM
A pproved By
MkhaeJ Smykowski
County Manager's Office
Mal1agement & Budget f)lrectof
Date
Office of Management & Budget
S/14i2004 N:28 AM
Approved By
James V. Mudd
Board of County
Commtssioners
County Manager
Date
Ccunty l'.bnager's Office
Gf14i2004 3:16 PM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
COES Engineeril1g Services Director
D3ta
COES El1gineerlng SElrvlc~s
613/2004 '1:03 PM
Agenda Item No. 16A9
June 22, 2004
Page 2 of 7
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT made and entered into this ;;{ 01/-'''- day of
~ 2/11317 , 2003, by and between the FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter
referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO
BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee').
WHEREAS, Assignor is the Grantee under that certain Assignment of Reservations
and those certain Utility Easements ("Utility Easements") from 951 Land Holdings, ltd., a
Florida limited partnership ("951 Land Holdings") to Assignor concerning certain water aMI
~rfacllities located within the real property referenced in said Utility Easements, a Copy
of said Utility Easements being attached hereto and made a part hereof as Exhibit "A"; and
WHEREAS, certain water and sewer facilities located within the aforedescribed
Utility Easements have been conveyed to Assignor from 951 land Holdings by Bill of Sale
and Utility Facilities Warranty Deed, which water; . ~er facilities are simultaneously
herewith being conveyed to Assignee from Assignor; and
WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the
Grantee in said Utility Easements as to said water a.. A!..ver utility facilities. .
NOW THEREFORE WITNESSETH that for and in consideration of the premises
and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is
acknowledged by Assignor from Assignee, and other good and valuable consideration, the
parties hereto agree as follows:
1) Assignor hereby conveys, grants, transfers, demises, releases and assigns
unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under
the Utility Easements referenced hereto and made apart hereof as Exhibit "A" as to the
aforesaid water Ct. J r utility facilities. Assignee aforesaid hereby accepts said
assignment.
2) GoverninQ Law. This Assignment shall be construed and enforced in
accordance with and governed by the laws of the State of Florida.
3) Modification; Additional Assurances. No change, amendment, modification
or cancellation of any part of this Assignment Agreement shall be valid unless in writing
and signed by Assignor and Assignee.
Page 1 of 3
Agenda Item No. 16A9
June 22, 2004
Page 3 of 7
.;~ ....
. --
.
4) BindinQ Effect. The terms, covenants and conditions contained herein shall
inure to the benefit and be binding upon Assignee and Assignor and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
and year first written.
ASSIGNOR:
Attest:. ~.
~~- -~
Arthur V. Woodward. Assistan c et ry
FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTRICT
---
BY:CIi~~~c:-Chairman
,.-
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Assignment Agreement was sworn to and subscribed before me by
Clifford A. Olson, as Vice Chairman of the FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTRICT, on behalf of the Fiddler's Creek Community Development
District who is personally known to me.
WITNESS my hand and official seal this < C
,2003.
)\.L-,
~,.!fI.V P (J (j 0FFlaAL NOT MY SEAl
..9 ~ ELAINE" POSNA
"'."
ii . COMIliIISSlC>>l NlMIIER
~ < CC82lml9
'710- o<f MV COMMlSSDI EXPIRES
OF FI.: APR. 142003
No ry Public
Print Name:
My Commission Expires:
(SEAL)
Page 2 of 3
Agenda Item No. 16A9
June 22, 2004
Page 4 of 7
ASSIGNEE:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deouty Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
Donna Fiala, Chairman
Approved as to from and
legal sufficiency
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
, well known to me to be the Chairman of the Board of County
Commissioners, Collier County, Florida, As The Governing Body of Collier County and as
Ex-Officio the Governing Board of The Collier County Water-Sewer District, being
authorized so to do, executed the foregoing Assignment Agreement for the purpose therein
containeo under authority duly invested by the Board of County Commissioners, and that
the seal affixed thereto is the true seal of said Board.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2004.
(Notarial Seal)
Notary Public
Print Name:
My Commission Expires:
This instrument prepared by:
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 Tamiami Trail North, Suite 200
Naples, Florida 34103
(239) 649-6555
F:\USERS\W A', DA\RDDLERS\T-IRRIG\CDD 10 County\ASSIGN.AGR.wpd
Page 3 of 3
Agenda Item No. 16A9
June 22, 2004
Page 5 of 7
EXHIBIT uN'
Fiddler's Creek
(Irrigation Meters)
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF TRACT 0, FIDDLER'S CREEK
PHASE 1 B. UNIT THREE ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 29, PAGES 77 THROUGH 85 OF THE PUBLIC RECORDS OF COLLIER
COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT D, FIDDLER'S CREEK
PHASE 1 B. UNIT THREE ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 29, PAGES 77 THROUGH 85 OF THE PUBLIC RECORDS OF COLLIER
COUNTY FLORIDA. THE SAME BEING A POINT ON A CIRCULAR CURVE,
CONCAVE SO UTH ERL V, WHOSE RADIUS POINT BEARS S.32oD23'29"W. A
DISTANCE OF 649.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY
ALONG THE SOUTH LINE OF SAID TRACT 0, AND ALONG THE ARC OF SAID
CURVE TO THE LEFT HAVING A RADIUS OF 649..0.0 FEET, THROUGH A CENTRAL
ANGLE OF 01oD04'1r, SUBTENDED BY A CHORD OF 12.14 FEET AT A BEARING
OF N.5rD04'23"W., FOR A DISTANCE OF 12.14 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; SAME BEING A
POINT ON A CIRCUlAR CURVE, CONCAVE SOUTHERLY, WHOSE RADIUS POINT
BEARS S.32oD23'29.W. A DISTANCE OF 649.00 FEET THEREFROM; THENCE RUN
NORTHWESTERLY AlONG THE SOUTH LINE OF SAID TRACT D. AND ALONG
THE ARC OF SAID CURVETO THE LEFT HAVING A RADIUS OF 649..00 FEET,
THROUGH A CENTRAL ANGLE OF .010019'29", SUBTENDED BY A CHORD OF 15..0.0
FEET AT A BEARING OF N.580016'16''W.. FOR A DISTANCE OF 15.0.0 FEET TO THE
END OF SAID CURVE; THENCE RUN N.30oD25'19"E. FOR A DISTANCE OF 15.00
FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHERLY, WHOSE
RADIUS POINT BEARS S.31oD.o3'.o8"W. A DISTANCE OF 664..00 FEET THEREFROM;
THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE
RIGHT HAVING A RADIUS OF 664.0.0 FEET, THROUGH A CENTRAL ANGLE OF
010D1T41". SUBTENDED BY A CHORD OF 15.0.0 FEET AT A BEARING OF
S.58oD18'02"E.. FOR A DISTANCE OF 15.0.0 FEET TO THE END OF SAID CURVE;
THENCE RUN S.300025'19'W. FOR A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 225.06 SQUARE FEET, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS
OF RECORD.
BEARINGS SHOWN HEREON REFER TO RECORDED PLAT OF FIDDLER'S CREEK
PHASE 1B. UNIT THREE ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 29, PAGES 77 THROUGH 85 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
Agenda Item No. 16A9
June 22, 2.004
Page 6 of 7
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EXECUTIVE SUMMARY
Recommendation to approve an application by Skytruck LLC for participation in the Advanced
Broadband Infrastructure Investment Program
OBJECTIVE: Approval of an application by Sky truck LLC for participation in the Advanced
Broadband Infrastructure Investment Program, as set forth by Ordinance No. 2003-59, which is
codified as Article V of Chapter 49 of the Collier County Code of Laws and Ordinances.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-59, which established the Advanced Broadband Infrastructure Investment
Program. The program is available to local companies either constructing a new building or
renovating an existing non-residential building and upgrading it to be a "smart building," facilitating
the installation of advanced broadband technology.
On May 13, 2004 Sky truck LLC submitted an application to be considered for the Advanced
Broadband Infrastructure Investment Program. The project will bring aviation service and aviation-
rclated manufacturing to the Immokalee Regional Airport. The Sky truck Company operation is
currently located in Poland and has recently announced its intention to build a "US-based aircraft
_ completion center." Additionally, the President of Sky truck Company, LLC, Mr. Lance Maclean,
indicated in his correspondence with the Economic Development Council (attached) " ... There are
presently numerous airports situated in South Florida which fulfill our requirements. However, the
incentive package offered by Collier County and the State of Florida has been extremely influential in
our decision to relocate to the Florida Tradeport- Immokalee Airport. "
If the Program application is accepted, staff will prepare the Advanced Broadband Infrastructure
Investment Program Agreement that will be reviewed by the County Attorney's Office for legal
sufficiency and will be signed by a designee from Sky truck LLC and by the County Manager on behalf
of Collier County. The Agreement will be recorded in the Official Records of Collier County and
provides [or the lerms applicable to the specified funds, including transfer, conveyance, etc., and
default provisions.
Sky truck LLC, Inc. meets alL of the Advanced Broadband Infrastructure Investment Program
requirements set forth by Ordinance No. 2003-59 in Code of Laws Chapter 49, Article V, and approval
of this application will help to promote the availability of advanced broadband infrastructure enabling
high-speed Internet connectivity to local businesses.
,-
FISCAL IMPACT: The applicant has requested $25,000 of incentive funds, to be paid in equal
amounts of no more than $8,400 per year, over three years. Following the installation of the system,
the participating company may request the fIrst of the authorized incentive payments, The company
must submit copies of the invoices detailing the cost of the installation along with the request.
Additionally, the participating company must pay their annual ad valorem property taxes to the
County, in full, prior to a request for payment.
Agenda Item No. 16A 10
June 22, 2004
Page 1 of 9
Skytruck LLC - Broadband.
Page 2
The capital investment related to this project is estimated to be $4,500,000. In addition, the creation of
the thirty (30) new jobs associated to the project generates a potential local payroll of approximately
$1,000,000 annually.
GROWTH MANAGEMENT IMPACT: This application is consistent with the Economic Element
of the Growth Management Plan, specifically Objective 1.3, which states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
STAFF RECOMMENDATION: The Board of County Commissioners approve the application for
participation in the Advanced Broadband Infrastructure Investment Program by Skytruck LLC and
authorize the County Manager, on behalf of Collier County, to enter into a County Attorney's Office-
approved Advanced Broadband Infraslructure Investment Program Agreement, with the Applicant.
-
Agenda Item No. 16A 10
June 22, 2004
Page 2 of 9
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
loA-it)
ReG"mmenda:ioli 10 approvr; an application hy SkytfUGk l.tC for participalion in
the AdvanG;lC Bmacband infras:r\J,~tl;rr; Investment Pro'Jmm.
fji22J2004 ~l:On:(JO Af..,~
l>i3fZ004 3:58:34 PM
Prepared By
Amy Patt1!lf'.'cn
. Cr,mmUFlity DI/velcprn'mt &
En'llronr'lenti'll Servir:....
!mp<H~ F1!l1!l Manai}er
:-immeia! Admin. .& HO'J..ipg
Approved By
Oa(e
Oanton B;o:il:llf
Community Dev1!llopment. &
En'firlmm1!ln(al S1!lrvl,:es
fin;o:ndal Admin & Hr,m,ing Oir"ctM
Fin;o:nr;Il'SI/\dmln. & HI',lsing
611(}i2(1(l4 4:4\1. P~~
Approved By
Jose;>h K. Schmitl
COommunit-{ D;::velopm&nt &
Environmental ~nri::&s
Community Development 8.
Environmenta! Ser,,;;;es Adminstrator
Date
Communiw D&v;::iopmf.>nt So
Environmenta! S"rv!CllS Admin.
l>r11i2GG4l3:33 PM
Date
Approved By
COonstanro A. JOohnson
Community Oev&lopment ~
Environm&ntal S&rvlces
Operations Analyst
Community Oeve;opment .&
Environmentai Ser,,;;;es Admin.
tif~4i2ij04111:5'l AM
Date
Approved By
Pat lehnhard
ClAmty Manager's Off1ee
Admi n;strati;;,;: Assistant
omu of M,magem'mt & 8J;dget
6114i7.(I(l41:5\1. PM
Oa~..
Approved By
Mark fsack",on
County Manager's Offloo
SuIJi}et AMI)'!>t.
Office of M"nag&ment & Budget
fif'l5i2004 9 :Mi AM
Oate
Approved By
Mlcha&l Smyko\'\-skl
County Manag"r's Offic~
M;maglllm"nt ". Budget O;roctor
O!tlro of Management .& Budg;::t
os15i2GG4 3:~4 PM
Dat&
Approved By
Jam\1$ V. Mudd
Bli<ird Oof County
COommisslOoners
County Manag&r
Coun(y Man;o:g"r'~ Officll
l>i~5i2004 3:38 PM
Approved By
Date
Sandra l&a
Community Dev1!llopment &
Environm&ntaj Services
f:xecutlve Secretary
Comm,ml!y Oe'felopment .&
EnvlrOonmenta! Ser"l;;es Admin.
MII2(1(f4 0:49 AM
Approved By
Date
patrkk G. Wh:t&
Co,mty Manager's Olliee
Assistant COounty Attorne)'
Count)' AttOl'fI<lY omC&
6r9rZllG4 12;08 PM
Agenda Item No. 16A10
June 22, 2004
Page 3 of 9
!'<;t~~
.....' ~".
ECONOMIC DEVELOPMENT COUNCIL
OF COLLIER COUNTY
NAPLES, FLORIDA
EVERGLADES CITY . GOLDEN GATE
IMMOKAlEE . MARCO ISlAND
Collier County
Job Creation Investment Program,
Fee Payment Assistance Program &
Broadband Application
For
New Businesses
Skvtruck ComoanV. LLC.
Name of Business
Skvtruck
Protect Title (1- 5 word description)
5/13/0Y
~.... ...... .. .> .... ...
...~..>.,1l!~_...l>........,
'. ", ,':'. ':' ",a~~CompMy
Cl E8ItIm CoIIfCAlUnl,' "
.] .
eo1tlT County
Agenda I Jl!lllllJA 1 0
~~~004
~eo'!t' of 9
I. Company Infonnation:
Company Name: Skytruck Company. LLC i Phone:
.---------------.-- ----~------j
23~4~565
------ ------.... ..---------....---.-...-.---'--
Current Address: P.O. Box 1917. Naples
Fax:
23~3~1~ !
l
~___._" ___._.._._.__.______"__M__...~...... ,_~
Florida 1
State: ________....----1
i
Zip: _ 34~~_~
Web
I
I
.-->
Phone:
23~9-6555
Company Contact Lance Maclean
----.----..--- ..- -------- -----.-----.-.
i
!
--'
Email Address:Lance@skytruck.com
20-0964735 !
Federal Employer ldentlftcation Number:________---.J StCINAIC code:
336413
... __._.____.___.___.___m .. ..__. __ ." ." .." ..J
COllier County Occupational License Number:
City O.L..: ~
(Ifapplicable) -.-- - ....----.-.. -'-- '"-- - ...._1
Minorlty Owned Business: Yes
If yes, explain
Has the business ever been subjected to criminal Of civil fines and penalties? : Yes
No XX
No XX
If VP!'& PYn"'in'
II. Project Qualifications: (Respontea should dellcrtle the proposed new project)
New CODiet County Business --1
Number of Current 0 1
Colier Co. Employees _____.____~
Number of New Collier 30
Co. Jobs resulting from '__'__
project
Expanding comer County Business.J
Current Average NI A I' Percentage of Revenue
Wage . Generated Outside of
------------- Collier County
i
J 100%
$35.000
New Job Average
Wage
Total Jobs after Project 30 ! To1al Average $35,000
Compteted -----~ Wage
___J
Indicate date in which all new jobs wil be fully Implemented: 3 by 9130104. 12 by 9130107 and 15 by 9130109
Note: Company Is not eligible for program benefits until all jobs are in place within the above designated Umeframe.
Cottl.,. Coul1.'t.V
AgendalJl!lllllrA1o
!C~~004
~eo5'of 9
II. Project Qualficatlons (ContInued)
VVhat is your industry segment? Select one.
Aviation X
If this project is for a corporate or regional headquarters
please list other k>cations. (Attach list if necessary)
Biomedical
Information Technology
Manufacturing
Warehouse/distribution
Educational
Corporate/Regional HQ
Enterprise Zone
Desaibe activity or product associated with new location:
Completion of M28 Sk= Utility Aircraft and the creation of product service and distribution center for
malf1tenance of Polish and general aircraft.
Auxiliary office in Mielec, Poland
___ _.____._________._______ _____ _.__ ___._---1
X
New Construction
X
Tenant Improvements
Capital Investment
I
I
_-1 Project street Address:
i Total Square Feet of
J Project
Phase 1 - Airpark Blvd.
Immokalce.34142
Land:
Leased
Building:
Equipment
$3,000,000
20,000
$1,500,000
Total Capltallnvest $4,500.000 i Estimated Impact Fees $120,000.00
i
-- .J
Estimated qualifying amount
Local
IncentiYM 2005 2008 2007 2008 200' 2010 2011 2012 Total
Fee Payment $210,000 $210,000
Job Creation $3,000 $3,000 $3,000 $12,000 $12,000 $27.000 $15,000 $15,000 $90,000
Broadband $8,400 $8.400 $8,200 $25,000
$3,000 $221,400 $11,400 $20.200 $12,000 $27,000 $15,000 $15.000 $325,000
Fee Payment Asa....nce Prognm baeed on 20,000 square foot building valued at $3.000,000
Job Creation InvMtrnent Program based on $3,000 per new job created - 3 jobs by 9130104, 12 by 9130107 and an
addlional15 jobs by 9130109
Broadband Infnlstr'uctuN Inveetment Program based on capital expenditure of $25,000, Broadband will be used for
marketing U28 SkyIruck to the U.S. and International Markets.
See attached map for legal description of property.
eoltl.,. Countv
Agenda I JlElllllrA 1 0
!C~~004
~eo&of9
III. Project Impact Information:
An estimate of the economic benefits of the jobs created by the project in Collier
County-accounting for the incentive amount, the number of jobs and the average
wage of the jobs created, and the indirect impacts of the project.
This project wiD bring aviation service and aviation-related manufacturing to the
Immokalee Regional Airport. The project wilt create 30 new jobs at 115% of the
average county wage, provide an impetus for additional economic development
at the airport and provide revenue to the airport authority through the lease
agreement.
This project will result in the establishment of a company with marketing and
business ties to Europe, Latin and South America. The Foreign Trade Zone will
be activated enhancing the international capacity of the Florida Tradeport -
ImmokaJee.
The creation of 30 new jobs will mean a potential local payroll in excess of
$1.000,000.
Please atlllch a letter from the company demonstrating the Impact the
;ncentiv.. will provide In the decWon of the company fo Iocste in Collier
County. (requited)
eo1tl.,. Cou.nt.V
Agenda It~10
~e1~004
P.~of9
Rec'c;' :.'-f r;dation:
Sig":1tll:-e~
Lc,f\<::...e r t'\^ \
\...:) . \ V \C\o,c... e~1'\
v('~.s~d.e(\-\-
2.~~ b43 YS6S
c:?F ~ ~
Date: (\~Q.I:..L 2.92.00'/
,
C C iT' ::,' r J R. '" presentative:
Title
Phone Number:
EDe Recolnmendatlon:
Date:
~ \'-3\ ~
eotMr County
- ~ --
Agenda:Jllt 10
K ~ 04
~f9
"n?'\
l"fBCoI,..Ir,Icn.~~c..'l'l
~.~OfUH>
SKYTRUCK~
May ] 2, 2004
Collier County Board of Commissioners
Naples, FL
Re: Tradeport Incentives
Dear Mr. Chainnan:
Following the announcement of its intent to build a US..based aircraft completion center, Skytruck
Company, LLC has received numerous attractive offers from various airports around the country. One,
which came from Texas, even included a low rate lease of a preexisting completion center that was recently
vacated. But because our company conducts business in both North and South America, South Florida is
much better suited both geographically demographically, for serving these markets.
There are presently numerous airports situated in South Florida which fulfill our requirements. However, the
incentives package offered by Collier County and Ihe State of Florida bas been extremely influential in our
decision to relocate to the Florida Tradeport-Immokalee Airport. Despite the other favorable attributes of
this site, it would have been fat less likely that the Tradeport would have been selected had there not been
the economic incentives that were offered.
With the recent approval of our aircraft by the Federal Aviation Administration, we are extremely optimistic
about the future of our business. Not only do we expect it to support the economic growth of the local
community through employment, we also see it as an "auchor business" thereby attracting other related
business into the Tradeport.
Respectfully we request approval for Skytrock. Company. LLC's request for the Job Creation Investment.
incentive. the Fee Payment Assistance and Broadband incentive programs.
Sincerely,
p(~
Skytruck Company, LLC
Lance Maclean
President
Skytruck Company, LLC . PO BOX 1917 . Naples, FL US~Aela Item No. 16A 10
Tel. +1 2396434565. Fax +1 2396430182. www.akytruck.us June 22, 2004
Page 9 of 9
.,,-,,
EXECUTIVE SUMMARY
Recommendation to approve an application for participation in the Advanced Broadband
Infrastructure Investment Program by Radiology Regional Center
OBJECTIVE: Approval of an application by Radiology Regional Center for participation in the
Advanced Broadband Infrastructure Investment Program, as set forth by Ordinance No. 2003-59,
which is codified as Article V of Chapter 49 of the Collier County Code of Laws and Ordinances.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-59, which established the Advanced Broadband Infrastructure Investment
Program. The program is available to local companies either constructing a new building or
renovating an existing non-residential building and upgrading it to be a "smart building", facilitating
the installation of advanced broadband technology.
--
On May 28, 2004 Radiology Regional Center submitted an application to be considered for the
Advanced Broadband Infrastructure Investment Program. In their application for the Broadband
Program, Radiology Regional Center states that "Fiber optic lines that can transmit data created from
imaging procedure will enhance our ability to transfer data to the Radiologist, who has the greatest
expertise in reading a specific exam... The benefits to Radiology Regional Center and the community
are numerou~: the efficient time utilization of our Radiologists' reduced travel to and from our
imaging centers, which reduce the traffic. By being able to transmit data through Fiber Optic lines,
our center can reduce the use offleet. Improved efficiency will allow us to provide more highly skilled,
highly paid jobs. This in turn helps keep healthcare costs down."
If the Program application is accepted, staff will prepare the Advanced Broadband Infrastructure
Investment Program Agreement that will be reviewed by the County Attorney's Office for legal
sufficiency and will be signed by a designee from Radiology Regional Center and by the County
Manager on behalf of Collier County. The Agreement will be recorded in the Official Records of
Collier County and provides for the terms applicable to the specified funds, including transfer,
conveyance, etc., and default provisions.
Radiology Regional Center meets all of the Advanced Broadband Infrastructure Investment Program
requirements set forth by Ordinance No. 2003-59 in Code of Laws Chapter 49, Article V, and approval
of this application will help to promote the availability of advanced broadband infrastructure enabling
high-speed Internet connectivity to local businesses.
FISCAL IMPACT: The applicant has requested $25,000 of incentive funds, to be paid in equal
amounts of no more than $8,400 per year, over three years. Following the installation of the system,
the participating company may request the first of the authorized incentive payments. The company
must submit copies of the invoices detailing the cost of the installation along with the request.
Additionally, the participating company must pay their annual ad valorem property taxes to the
County, in full, prior to a request for payment.
-
Agenda Item No. 16A 11
June 22, 2004
Page 1 of 8
Radiology Regional Center - Broadband.
Page 2
GROWTH MANAGEl\1ENT IMPACT: This application is consistent with the Economic Element
of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support
programs which are designed to promote and encourage the recruiunent of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
STAFF RECOMMENDATION: The Board of County Commissioners approve the application for
participation in the Advanced Broadband Infrastructure Investment Program by Radiology Regional
Center and authorize the County Manager, on behalf of the County, to enter into a County Attorney's
Office-approved Advanced Broadband Infrastructure Investment Program Agreement with the
Applicant.
,-
Agenda Item No. 16A 11
June 22, 2004
Page 2 of 8
-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
'i6A11
Recr,mmendation to approve an application for pilrticip"tkm in the Advancf:d
Broadband Infrastn:C!urr: h1vestrrlent Prr:grao1 b,. Rac!!o~o]y Regk"!n3i Genter
fji22t2004 9:0G:OO AM
Prepared By
. Amy Patterson
Communlt>1 [);:;1Ielopm&;lt &
Em;lrollf!1<!ntal S<!r.~C!lS
impact Fee M3nag&f
1119120G4 1:2::IH!: 1'l
PM
;:lmmcial Admin. & Hou!;ll1~
Approved By
Date
Danton !Sakar
Community Oevalopment &
Environmental SeIVlces
Financial Admin & Housing Olroctor
Approved By
Financial Admin. & Housing
61~Ui2004 4:49 PM
Jose?!! K. Scl":,,,ltt
C",rm:1unity Cevlllopment &
En"ironmllntal SIlP.:lc&11
Community Oeve;opment 8.
E!lvlmnmanta! Sa:v;!;f"_'" Admlm:trlltor
Oat<!
Community De"e;(Jpn1&t'lt "
E.wlronl'!!entai Serviclls Admin.
5111120048;35 PM
Approved By
C"'nstan,~ A. J.mnsol'l
Community Dall1110pmllnt II.
Environn111l'lt.~1 Sllr",lclls
Opllratlonll Analyst
D.lt...
Comnwnity Ollva;OI~mrmt &.
Envlr"'!lmant,,! Sa:v,!'Ao..... Admin.
fii'i4i2tlM 11:00 AM
Oatil
Approved By
P.'3t lllhnha:"d
County Manager's Office
Admh~;$!ratlve As&i&t.~nt
Office of Management & 8udget
6114i20041:59 PM
Date
Approved By
Mark l!;a.;ksoOn
Coumy Manag~!'s Office
Budget Analyst
OffIce ~>f Managt>ment & Bl:d~~
6i15iZl)l)41(1;56 AM
Approved By
Mir;l;..t>l Smykow;;ld
County Mana!}6rS OffiClil
Marlllgllm8"t & Budg~t mno:cl')f
Office of r'anag<!ment 8. Bud!}!;t
Datil
5/1512004 2:';:$ PM
Data
Approved By
Jam6S V. Mudd
Soard of Ct:>unty
Commissioners
Ccunty Manag&f
Ccunty Managers Offlca
5115120042:36 PM
Approved By
Patrlck G. V-Ihl1e
COUl1ty Manag'Jr's Offica
Assistant County Attorney
Date
County Attorney Office
5/9121)04 12:U9 PM
Approved By
Sandra Lea
-
Community D~...t>lcp'mmt &
Environmental Servlclls
EX'Jcutive Secreta!"{
Community OllV\J;~>pment I!.
Envlronmlilntal Sel'Ylces Admin.
Date
6i9i2l)C4 3;42 PM
Agenda Item No. 16A11
June 22, 2004
Page 3 of 8
06/07/2004 16:48
2392636021
PAGE €I1
-~t.
-~l'""
I .
ECOI-IOMlC: OIVElOI'MENT COUNCIL
0/' COl.UER COUNTY
NAPla. FlORIDA
~ CIlY' GOlDtN (WE
iMMC*Al.ft . w.aco &.\NO
F
-403-24,0.45"'
From: onica Biondo, EDe
Subject: adiology Regional Broadband Application
++++ ++++++++++++++++++++++++++++++++++++++
Attached is Radiology Regional's Broadband Application, please toke a look at it ond let
me kn if I need to provide you with any additional information - you may contad me at
t flori or (239) 263-8989 ext 104
Agenda Item No. 16A 11
June 22, 2004
Page 4 of 8 .
05/07/2004 16:48 2392636021
~a~ 28 200 3:39PM Radioloc~ Recianal Center 238-93183550
PAGE 02
p.2
~. .
- '
ECONOMIC OMlOPMENT COUNCIL
OF COLLIER COUNTY
I'oW'LES, flORIDA
&VERGlAD6 CITY. GOLDEN GATe
IMMOkAl!l! . MAACO ISlAND
ColllfJr County .
Broadband Infrastructure Investment Program.
Application
For
&/dn, Busln.....
~ReQl~~r.
Name of Business
Flber-Goodlette Fac:II~
Project Tide (1- 6 word de8aiption)
."
lot.
..
1lDCIIlC__
cr__
.......
_.-
Agenda Iterrr~ 6A 11
I June 22, 2004 .
I Page 5 of 8
Cou.xI:y
06/07/2004 16:48 2392636021
. ~a~ 28 200 2a39PM R.dioloC~ R_cion_1 Center 239-93183550
PAGE 03
p.3
L Company nformation:
Compeny Nam Acldlology Reglon81 Center
I Phone: 239-9311-2318 I
FIIlC 23~31-8350 I
w.b: www.nscIoIogyreglal..com
Currenl Addre 700 Goodotte Roed North. N....
FIoridII 34102
8B1e: Zip:
Comp<<Iy
E,.. Addrees:
. Tbm 0lBlIe
~M2G
I
I Phone:
I
I
I
"F.I<:
23&-831-8350
tdle~lon8I.Q)f'll
FecteraI
Coli. COun1y
Mncrlly owned
If )"11II.
HM tie
~ Nlmber: 59-17S05D8
nal LioeI\'8 NLrnbGI M01-4e
NAIOS code: 821111
cItyO.L.':
(If .,~..); J:IlA
It. ProJect
Nt"
.,.. bHn MlbJoctecS to crImi'l" or cMIthe.1iInd penaItiea'7: lI2
. NlA
~
~ng Fedlly X
ae
CU'TWIt A'*"Cle
W8f18 $47,001
NIIWJDb ~
N/A w.
N1A
36 T'" AVIII'8ge
Wage
$47.001
2 of..
-
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1Ir__
--
-....-
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Cmm.t;)1
30f4
Agenda_16A11
1('--~2 2004
.~~J::~ge' 6 of 8
86/87/2884 16:4B 2392636821
Ha~ 29 2004 3:39PM Radioloc~ Reliona1 C."~er 239-93183550
PAGE 84
p.5
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Agenda Item No. 16A 11
I ,June 22, 2004 .
Page 7 of 8
06/07/2004 16:48 2392636021
M~~ 28 2004 10:17AH Radiolac~ Recion~l C.n~.~ 239-9319~S50
PAGE 05
p.2
04-Mty-2ODo&
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. Redlology RegiOn., Center
Network It'lftuweturw U~
. C....,..... LAN H.ntwan
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a.dd
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lid SUIt
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Agenda Item No. 16A 11
June 22, 2004
Page 8 of 8
:\rl~j~,\.,..~~ ".'.'"'''\'~':~''.
J'~
EXECUTIVE SUMMARY
Recommendation to approve the Settlement Agreement for Code Enforcement
Board Case No. 1999-052.
OBJECTIVE: To approve the Settlement Agreement in 1999-052, styled Board of
County Commissioners vs. Shadow Court Fuels, Inc.
-
CONSIDERATION: At a public hearing on October 28, 1999, the Code Enforcement
Board found the real property located at 3396 Tamiami Trail E., Naples, Florida, owned
by Shadow Court Fuels, Inc. to be in violation of Section 2.4.3.7 of Ordinance No. 91-
102, the Collier County Land Development Code. The violation was failure to maintain
the required landscape. Shadow Court Fuels, Inc. was ordered, pursuant to the Findings
of Fact Conclusions of Law and Order of the Board dated November 3, 1999, recorded in
O.R. Book 2610, Page 268 as re-rccordcd at O.R. Book 2660, Page 3061, ct scq. Public
Records of Collier County, Florida, to revegetate the site in accordance with the approved
landscape plan (approved on 5/11/99), including installing an irrigation system within 30
days (November 28, 1999). The violation continued to exist at the rate of $1 00.00 per day
for 875 days until it was abated on April 22, 2002. The fine totaled Eighty-Seven
Thousand Five Hundred Dollars ($87,500.00), plus operational costs assessed in the
amount of Sixty-Seven Dollars and 24/1 00 cents ($67.24). A lien exists arising out of
the Code Enforcement Board Order Imposing Fine/Lien dated December 29, 1999
recorded in O.R. Book 2626, Page 3132, et seq. and a Code Enforcement Board Order
Imposing FinclLicn dated March 31, 2000 recorded in O.R. Book 2660, Page 3058, et
seq. as re-recorded in O.R. Book 2704, Page 827, et s~q. of the Public Records of Collier
County, Florida. On or about July 2000, the case was forwarded to the County
Attorney's Office for foreclosurelcollection activity. On June 7, 2004, the County
Attorney's Office and counsel for Shadow Court Fuels, Anthony Pires, were able to come
to a settlement agreement that would resolve the outstanding monies due. The proposed
settlement consists of the following:
A. The monies owed would be reduced from Eighty-Seven Thousand Five
Hundred and Sixty-Seven Dollars and Twcnty-Four Cents ($87,567.24) to Fifteen
Thousand Dollars ($15,000.00). Payment of this amount would be payable in three equal
installments of Five Thousand Dollars ($5,000.00) each, with the first installment paid
one week after the approval of this Settlement Agreement by the Board of County
Commissioners; with the second installment paid August 16, 2004; and the third
installment paid September 15,2004.
-
Agenda Item No. 16A 12
June 22, 2004
Page 1 of 5
B. Following receipt of the final payment, a Satisfaction of Lien will be
recorded in the Public Records of Collier County, Florida.
C. The Settlement Agreement is expressly conditioned on the prompt receipt
of all thrcc paymcnts. Should paymcnt not be reccived within five (5) business days of
the dates set forth above, the Settlement Agreement shall upon written notice mailed to
Attorney Pires, be null and void, and any prior payment received shall be credited against
the full amount owed of Eighty-Seven Thousand Five Hundred Sixty-Seven Dollars and
Twenty-Four Cents ($87,567.24) and the County will immediately commence foreclosure
proceedings against the premises for the full amount owed, less any payments received.
GROWTH MANAGEMENT IMPACT: This request will have no impact on the
County's Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the
Settlement Agreement in the above referenced causes and authorize the approval of the
Settlement Agreement.
Agenda Item No. 16A 12
June 22, 2004
Page 2 of 5
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
15..\12
Recommendmio;'j to apj:;rovB the Settlement Agreement for Cede EnfarcBmm~t
Board Casf: No. 19:19-05;,. Board of County Commiss;or:ers VS. Shadow Ceurt
Fuels, Inc.
6f22j200~1 9:00:00 AM
Prepared By
SllBnel!f! Hiltr>r-
Community Development 8-
Environmental Services
Administrativf! Sf!cretary
tj~Oi2004 9:17:38
AM
Code Er-farcernent
Approved By
Sandra Lea
Community Development &
Environmental SelVices
E)lecutive SecretMY
O"te
Community Development &
Environmental SelVices Admh1.
6!1tlf2Cl04 H):~ 1 AM
Approved By
Janet Powers
Cmnrmmlf.y Development &.
Environmental Ser.kes
Operalkms Maneger
Oale
Code Enforcement
6iH)!20U4 4:U9 PM
A pproved By
Jc,seph K Schmilt
Community Development &
Environmental SelVices
Community Development &
Environmental Services Arlminstrator
Dete
Community Development &
Environmental SelVices Admin.
(111 1!2004 8: 39 PM
A pproved By
Constance A. Johnson
Community Development 8-
Environmental Services
Operaticns Analyst
Community Devf!lopment 8-
Environmental Servicr.s Admir-.
Oatr,
6i~ 4!20l)4 11 : ~ 8 AM
Approved By
Pat Lehnhard
County Manager's Office
Administrathie Assist3nt
D3te
Office c,f Managamenl 8. Budget
6i.4!2tl04 2:1). PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office or Management 8. Budget
6i~5!20{)411 :28 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Oatr.
Office of Management & Budget
6i15!20U4 3:16 PM
Approved By
James V. Mudd
Bc}ard t'lf Counly
Commissioners
C(}umy Managar
Oale
County Manager'l;! Office
6i~5!20{l4 5:2~ PM
Ayt::IIJd 1lt::11I r~u. teA tl
June 22, 2004
Page 3 of 5
@)
COLLIER COUNTY
DA VID C. WEIGEL
COl.L1ER COUNTY ATIORNEY
Via Facsimile Transmission
(239) 649-7342
Iloidi F. Ashto8
,..,Difa A. Bdp<dX>
Eka T. 0wl"",1I
JoITrey A. K1alZl;o..
William I!. MOUIltford
Thoma, C. Palmu
Michael W. P<ttit
Jacquelioc W. H.~d
Mmjorie M. Sh"lo..
Seou R. Teach
PIIlric:k G. White
Robert N. bcbIy
3301 T~ Trail East
Napleo. F1urioJa 34112-4902
Telephone: (239) n 4-8400
FAX: (239) 774-0225
June 7, 2004
Anthony P. Pires. Ir., Esquire
WOODWARD, PIRES & LOMBARDO, PA
3200 Tamiami Trail North, Suite 200
Naples, Florida 34103
RE: Collia County v. Shadow Court Fuels, Int:.
CEB Case No. 99-052
Settlement Offer
Dear Mr. Pires:
Staff is willing to recommend to the Board that this claim be fully settled. including all
costs and expenses, under the following tenns:
1. Payment of $15,000, payable in three equal installments of $5,000 each, with the first
installment paid one week after approval of this settlement by the Board of County
Commissioners, with lhe second installment paid August 16, 2004, and the third installment paid
September 15, 2004. All three payments ore to be made payable to the Board of County
Commissioners, and sent to me foe processing_
2. Following ICCeipt of the final payment, a Satisfaction of Lien will be ICCorded in
substantially the form attached hereto.
3. This settlement is expressly conditioned on the prompt receipt of all three payments.
Should any payment not be ICCeived within 5 business days of the dates set forth above, this
settlement shall. upon written notice mailed to you, be null and void, any prior received payment
shall be credited against the $87.567.24 lien, and the County will immediately cormnence
foreclosln'e proceedings against the premises in the amount of the $87,567.24 lien, less any
payment received. The purpose of the five-business day grace period is to give me sufficient
time to notify your office should payment not be received, however, such notice is only as a non-
binding professional courtesy to you and is not a condition of this settlement.
Agenda Item No. 16A 12
June 22, 2004
Page 4 of 5
AnthOflY P. PIres, Jr., Esquire
June 7. 2004
Page 2
Please sign the aclmowledgment below to indicate your client's acceptance of these
terms. We are endeavoring to bring this before the Board at its June 22. 2004 meeting.
cc: David C. Weigd. County Anomey
Michelle Amold, Director. Code Enfon:emenl
Agenda Item No. 16A 12
June 22, 2004
Page 5 of 5
EXECUTIVE SUMMARY
Recommendation to approve an original Grant of Replacement Drainage Easement
between Imperial Golf Club, Ine., Imperial Castlewood,LLC and Collier County> Florida
OBJECTIVE: Accept and record a replacement drainage eaSemenllo correct apteviously
f&' ,",kd drainage easem~nt that contained an erroneous legal description and also reduce the
wie'!)1 \If the drainage easement on property owned by the Imperial Golf Club.~ Inc., and Imperial
Castlcwood. LLC,
CONSIDERATIONS: On May 3. 1979 a drainage easement was recorded (O.R. Book: 808, Pg.
1895) betwccn Lloyd G. Sheehan and Nlius Fejes (:rcfcl.1'Cd to as Owners-,Grantors) and Collier
COHmy. Florida (referred to as Grantee). The fifty-foot wide drainage easement was for the
i;\ . t. 'I at i on, maintenance and operanonoJa. drainage ditch across Sections 14 and 1S, Town.ship
4h Spulh, Range 25 East, Collier County, Florida; Jorlhe purpose of draining' surface water from
the E~lst Y2 and the East ~ of the West ''hof section 14, Townshlp4g South, Range 25 East.
Collier COUIlty. together with the right of ingress and egress over said 50-footstrij} of land for
the purpose of de!lring, main~iningan4 rep1rlring sai4 drainage ea.~ement., which clearing,
maintenance and repair shall be at ilieexpense 'o.f Grantee.
-
'The Qriginal drainage easement recorded in O.R. Book 808, Page lS95, was a 50-foot wide
ea.~ement,however.the legal descrip.tion oftheeasem:ent contained an incortectbearing that
proceeds east from the point of beginning rather than We$t. In approxiIIUJ.(ely J~uary 2002, the
Imperial Golf Club decided to. pu.rsucavacationQf a portion of Ute easement in order to reduce
its width to 25 feet. Soon thereafter., Imperial Golf Club. Inc.,. was approached by Mr. Lloyd G.
Sheehan to install a drainage pipewithill the easelllentand close the existing ditch within the
easement in conjunction with Sheehan's development of the Castlewood Subdivision. The
parties reached agreement that the drainage pipe would 'be installed on the northerly 2$ feet of
the existingeasernent. part of whIch is ownecj by Imperial Go1r dub. Inc. ana part of which i~
owned-by Sheehan~et aI. ' .
Acceptance and reCording of this replacementeasemenl will comct metrO! in the. legal
description of the original dtainageeasernei1t, teducethe width of the draina,ge easemtIlt from
theorigina15o-feet to Jh~ new 2S-f~t, ~nd as~ the responsibility for the: mlrlntenanc~~d
repair' of this easeinent to be sharedequaUy between The. Homeowners Association ~f
Castlewood, Inc... a Floridanon~pf:ofit corpotation,a:nd Imperi.alGolf Club.. lnc.,a .FIorlda nOn-
profit corporation.
FlSCALIMP.Acr: The r~ording fee for thi$ repl(l~ment dr~inage~~e~t.is estim~t~dto be
$44.oo..and a.;hec.k in thisamounf~made payabJe to. the Clerk of Circuit Court, Comer Cou.nty.
has been proVided" by the applicant' sCOUD$el, Thete is no cost to the C01lJ:lty for this replaceIJ:lent.
dtaillageeasemertt.
--
GltOWI'lI MANAGEMENT IMPACT: There is no Growth Man~gement Impact associated
wlilithisExecutiveSurnmary. . ,
Agenda Item No. 16A 13
June 22, 2004
Page 1 of 8
Executive Summary
Jmpeti~J ('101f C1uhlCa~tlewood Repla~ment Drainage Easement
Page 2
RECOMMENDATION; That the Board of County Com.missioners
1. Accept this Grant of Replacement Drainage Easement between Imperial Golf Club, Inc..
ImperialCastlewood, LLC and Collier County, Florida,
2. Accept the payment of the recording fees in the amount of $44.00 from the applicant's
counsel,
3. Authorize the Chairman to sign the replaccment easement for the Board, and
4. .Dir~ctstaff to record the document.
,-
,-.
Agenda Item No. 16A 13
June 22, 2004
Page 2 of 8
Item Number
Item Summary
Meeting Date
Approved By
'S;mdra Lea
Communit>{ O;;;velcpm&nt 8.
environmental Sen:ici>s
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
'16A'l~l
Rec"mm~n.j;J\;on to approvr; an nrigirv.ll Grant of Replacement Dr;Jinage
Ea;;.:ment betvvT:.:!1 lrnperial Golf CI;;b, lnG., ;'r:p<':rial C,:"tit,wood, LLC ::lr:d
CoJHr:r Gounty, Florida.
\~:22i2G04 9:0{j~OO Atlt
Ex!:cuthoe Secreta!"'1
Community O&'1;;;!opmf>nt &.
e,wlronm!:nta: S!:rv.css Admin.
Date
15111i200410:'17 AM
Date
Approved By
Ellen T. Chadwell
Co,mt)' M<tnay~r's Offic"
,\ssistant County Attorney
Cmmly Altomtl)' Offsr..e
6i11i2l}l}4 12.:40 PM
Data
Approved By
ConSlanC".<l A. Johnson
Cr)mmunlty D~v...lcprmmt &
Enl/ironm...ntal S...rvjC"S
Opllf"dtions Analyst
Community O"I/~i,'pmlfnt &
En\lironm~nt<l! S~IY;CllS Admin.
6i11iZ004 4:0:'! PM
Approved By
Jo~ph K. Schmitt
Community Development .&
En'/ironmsntal Services
Community Of>'1;;;!opmnnt &.
Environm"nta! S"rv!ces Admlnstratcr
Date
Ccmmunity Oeve;opment &
Envlrcmmenti!! Services Admin.
6i11i2EHl4 il:11 PM
Date
Approved By
Pat Lehnhard
Cr)lmty Manager's omc",
Admin;l;tratlve Assistant
Oifk.<l of M;magem<>nt & 8",igllt
6i~4i2(l(l4 1 :52 PM
031...
Approved By
Mark' IS3ck:l<On
County M.,n.1ye:'s Offlc<J
Sudget Analyst
Offic<J of M..magemeM .& Bl:d\i~t
6115iZ0048:51\ AM
Date
Approved By
Michael Smykowski
County Manager's Office
Milnagem!:nt & Budget D!rector
Offir.::& of Management & Budget
15115i2M410:51 AM
Date
Approved By
Jam!15 V. Mudd
Board Oof CQunty
CommIssioners
County Manag&r
Counly Man<lg<>r'1I' Off:Cll
fii15i20l}4 :3;U PM
Approved By
ROobert C. Wiley, P.C.
Tf'anspol'tlon S<Jrvlcm;
?rlniclpa; proJ&ct Manager
Date
Ru.,d M:dntars;;nce- Stormw.1ha.'
61712004 2:02 PM
D.,te
Approved By
St;,n Chrzanuw&k.l
Con1munity Oevel"pmllnt &
en...lrol'lfl1ent.~1 S&rvlc<Js
EnS!!l{l<Jnng Rev!aw M<l!lagel'
EnS;!l{l<Jntl9 Sarvlc<Js
6i8i2004 1 ;49 PM
Agenda Item No. 16A13
June 22, 2004
Page 3 of 8
I'
THIS INSTRUMENT PREPARED BY
AND TO BE RETURNED TO::
DENIS H. NOAH, ESQ.
POST OFFICE BOX 280
FORT MYERS, FL 33902-0280
GRANT OF REPLACEMENT DRAINAGE EASEMENT
THIS GRANT OF REPLACEMENT DRAINAGE EASEMENT made this _ day
of , 2003, by and between IMPERIAL GOLF CLUB, INC., a Florida
corporation ("Golf Club"), whose mailing address is 1808 Imperial Golf Course
Boulevard, Naples, FL 34110, and IMPERIAL CASTLEWOOD, LLC, a Florida limited
liability company ("Castlewood"), whose mailing address is clo Edward R. Bryant, Jr.,
Suite D11 0, 2663 Airport Road South, Naples, FL 34112, hereinafter collectively
referred to as the "Grantor" qnd COLLIER COUNTY, FLORIDA, whose mailing address
is 3301 Tamiami Trail East, Naples, FL 33962, hereinafter referred to as the "Grantee".
WHEREAS, by instrument dated March 31, 1978 and recorded May 3, 1979, in
O.R. Book 808, Page 1895 of the Public Records of Collier County, Florida, Lloyd G.
Sheehan and Julius Fejes, Grantor's predecessors, conveyed a Grant of Drainage
Easement to Grantee for the uses and purposes set forth therein; and
WHEREAS, the parties have discovered that the afore referenced Grant of
Drainage Easement contained an erroneous legal description; and
WHEREAS, Golf Club is the owner of the real property described as "Parcel
One" below; and
WHEREAS, Castlewood is the owner of the real property described as "Parcel
Two" below; and
WHEREAS, Golf Club and Castlewood have installed a subsurface drainage pipe
within the easement created and described as Parcel 1 and Parcel 2 as set forth below;
and
WHEREAS, the parties wish to ratify and confirm that the easement granted
herein fully supercedes and replaces the easement granted in O.R. Book 808, Page
1895 of the Public Records of Collier County, Florida.
WITNESSETH:
NOW, THEREFORE, Golf Club and Castlewood, each as to their respective
parcels, for and in consideration of the sum of One Dollar ($1.00) and other valuable
consideration, receipt whereof is hereby acknowledged, by these presents does hereby
Agenda Item No. 16A13
June 22, 2004
Page 4 of 8
.,.",-,
grant to the Grantee, its successors, assigns and licensees, a perpetual, non-exclusive
easement for drainage purposes, over, under, upon and across the following lands,
lying and being in Collier County, Florida, described as follows:
PARCEL 1:
A portion of Section 14, Township 48 South, Range 25 East, Collier
County, Florida, being more particularly described as follows:
Beginning at the southwest corner of the northwest 1A of Section 14,
Township 48 South, Range 25 East, Collier County, Florida; thence
N88057'50"E, along the south line of the southwest 1A of the northwest 1A
of said Section 14, a distance of 1070.21 feet; thence Sno03'15"E, a
distance of 6.78 feet; thence S3P32'31"E, a distance of 35.04 feet; thence
N77003'15"W, a distance of 28.27 feet; thence S88057'50"W, a distance of
1067.14 feet; thence N01 o02'10"W, a distance of 25.00 feet to the Point of
Beginning.
Subject to easements, restrictions and reservations of record.
PARCEL 2:
A portion of Section 14, Township 48 South, Range 25 East, Collier
County, Florida, being more particularly described as follows:
Commence at the southwest corner of the northwest 1A of Section 14,
Township 48 South, Range 25 East, Collier County, Florida; thence
N88057'50"E, along the south line of the southwest 1A of the northwest 1A
of said Section 14, a distance of 1070.21 feet; thence Sno03'15"E, a
distance of 6.78 feet to the Point of Beginning of the parcel of land herein
described; thence Sno03'15"E, a distance of 41.13ofeet; thence
S78Q35'22"E, a distance of 117.17 feet; thence S73009'02"E, a distance of
39.49 feet; thence S89059'4B"E, a distance of 56.23 feet; thence
SOooOO'01 "W, a distance of 25.00 feet; thence NB9059'48"W, a distance of
59.93 feet; thence N73009'02"W, a distance of 42.01 feet; thence
N78035'22"W, a distance of 116.32 feet; thence N77003'15"W, a distance
of 16.90 feet; thence N31 032'31 "W, a distance of 35.04 feet, to the Point
of Beginning.
Subject to easements, restrictions and reservations of record.
TO HAVE AND TO HOLD the same unto said Grantee, its successors, assigns
and licensees, together with the right to enter upon said lands to construct and maintain
drainage facilities thereon and together with all improvements, drainage pipes, drains,
and other drainage structures which Grantee, its successors, assigns and licensees
may deem necessary or convenient in connection therewith and not in conflict with this
instrument.
-2-
Agenda Item No. 16A 13
June 22, 2004
Page 5 of 8
By acceptance and recording of this instrument, Grantee abandons, relinquishes
and waives all interest in that certain drainage easement recorded in O.R. Book 808,
Page 1895 and 1896, of the Official Records of Collier County I Florida. Grantee
specifically recognizes that the easement granted by this instrument is to replace the
prior recorded drainage easement.
This dedication and granted recordation of this easement, shall not place any
duty, burden or liability upon Collier County to improve the aforesaid property in any
manner, nor shall acceptance of this dedication by Collier County obligate Collier
County to improve the aforesaid property in any manner. Responsibility for
maintenance and repair of this easement shall be shared equally between The
Homeowners Association of Castlewood, lnc, a Florida non-profit corporation, and
Imperial Golf Club, Inc., a Florida non-profit corporation.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
in its name, by its proper officer thereunto duly authorized the day and year first-above
written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
IMPERIAL GOLF CLUB, INC., a Florida
corporation
//1 tv/A jJ;~ II 1
Witness Signature 1
il'1
lIilt,Zll 6/fIAi/il/ '}IK
TYred/. Printe,d., 'f.itness Name
1 },/ . It, ~
"",.i\/ {V\..../-,. : \/ \ i./"
WitntS ~ignature
}.; H't It 1\( h-z\.
Typed/Printed Witness Name
~--) ,
.~~
--,- .--...
~ . /~
B~ ...~: ~~ " . of ~-f.' / "
P~In~ed N~e: ~J<' ''"' i J i /
Tltle.~: .J, _ ''I.
-3-
Agenda Item No. 16A 13
June 22, 2004
Page 6 of 8
I . .~.~. ' (
l " . _ ;. :. j' J _ -'. Yr. ,:.
__,.~ I "t '/.,..J-"';"" ..' '" ,. -~; _j-,1 ~ 1'"
1~ - . -. . . - . .,-
Witness $jgnature as to....B.<:>..t11
Jennifer M.. tsyra
7~or-04'" ~ Wl/LL.
Typed/Printed Witness Name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Printed Name:
Title: Deputy Clerk
APPROVED AS TO FORM AND LEGAL
SU~~CIENCY ,
Uk~( ~
Assistant County Attorney
IMPERIAL CASTLEWOOD, LLC, a Florida
limited liability company
BW:.,.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,
By:
t>orJrJA F.A\.Jt Chairman
- 4-
Agenda Item No. 16A 13
June 22,2004
Page 7 of 8
STATE OF FLORIDA
COUNTY OF COLLIER
J The foregoing instrufT).eJlt was aCkno"Vled~. ed before me this 4/ . day of
\. ttilf ,2003, by 1;;Qla&1 --J./ 11:u_ , as f..:lid]./v rc-t::"
( of IMPERIAL G F CLUB, INC., a corporatiOA-llQder
the laws of the State of Florida, on behalf of the corporation and wh~s per~.<:>!)?llY--;
known to me or who has produced '-. .-- as
identification.
___"'~"rll... Katbi M. Mattason
~ ,. Q - ~ Commillllon # 00 904734
~;.~ .~ Expiru Karch 5.2004
-:..~~ '." Beaded Thru
..,.....",.'- Atlantic Bondiftlr Co.. [DC.
~:J~i/}1.1J1t1/1~--:J
Notary Public
kA((1~ J1f). n,!\tttf5S()y}
Print/Type Name of Notary
Commission No. Q{4(:.i't
My Commission Expires:
STATE OF FLORIDA
COUNTY OF COLLI ER
1- The foregoing instrument was acknowledged before me this It rl day of
11J,<;<.. ,2003, by LLOYD SHEEHAN and EDWARD R. BRYANT, JR., as
Managing Members of IMPERIAL CASTLEWOOD, LLC, a limited Iiabi . om an
under the laws of the State of Florida, on behalf of the company an who are person~f1y
known to me or who have produced
as identification.
My Commission Expires:
..
f 1 ~
I .' -'\ .. :
. . . . . . .; ) - . .
. .; ,....., l .../ ~ I '-1.1 r' .
.,'", I- . I .. ...J- (,.
Notary Public .' ;
Jennifer M. Byrd
Print/Type Name of NotarY.
~ j\. Jennifer M Byrd
C .. N ~ ~ j My Com,""Sloo 00015390
ommlsslon O. ,. ''''''''''\111'1'84 2005
#1106123V1
- 5 -
Agenda Item No. 16A 13
June 22, 2004
Page 8 of 8
,~!t, ~'~~J;'
EXECUTIVE SUMMARY
/..,..,......,
ReeQrDlllendation to approve a $2.5 million .coillnuttdaI paper loan to pay for the expenses
incurred in replacing Collier County'sCoininunity Development and Environmental
Servi~ Divi$ion'scomputer s.oftwaresrs.tem,an4 approv~ its a~ociated budget
amendment which fully fun<bthe new computer softw~re system project.
OBJECTIVE: Approval of a $2.5 tnillion commercial paper loan to payfot a neW. compu.ter
software system for Colliet Coonty'sCooununity Development. and Environmental Servites.
D1vi sion (CDES). A s~ociated with that requeSt~ tohllye the Board approvea$l ,151, 7()() bu4ge1
amendment to arrive at the $~.,652r7()(lt()ta1 budget previously approved by the Board.
CONSIDERA nONS: At the Board. of County COllunissioner's December 2, .2003 meeting,
the:Boatd approved a budget amendmertt authorizing a net transfer -of $3,652,100 from CDES
Fund 113 reServes to the Software System. Replacement Project. The Software System
Replaccment Project is IOCCl,tcd in its own unique Fund, Fund 310. Thiscurrcnt request bcfo~
the Board is to approve a $2.5 million. commercial paper loan. to be placed in theproject"sFund
310budget. The. remaining project budget amount of $1.152aOO is requested to be transferred
from Fund 113 reserveS and is the subject of1he associated budgetarnendm:ent.
The reason for this rt".(!uest is to sprea.dthe cost of the project out over the lifetime of the new
.software sys.tem. Fund 113 reserves are not actually funds in holding. awaiting some
unanticipate:4. expen~, but repxesent in large part a pre-p&yrn~nt fQt' future CPESse.rvic.es.
,-Charges for Fund 113 services to the development community are collected at the tirneofissumg
a. building .perrnit, but the services provided in association with that.samc pctIi1it, such as
constru:~i.on inspections. continue thrvughout the lifetime of the building project. The~
inspe~ons:can extend for years following permit issuanee. If fees collectedtrom newly issued
building .permits were to: slQW markedly. reserves would allow CDES to continue to meet its.
setvicecolIliriiti11ents. toptojects already in progress.
The $2.5 million CODJfi1ercialpaper loan financing of the Software Replacement project, versus
sol~y funding the .proje:ct by F1llld tt)reserves. will. allow CDES reserves to.~mainat a stead.y
and sufficient levelofappro~ately$8 rn:UliQ1.l, The repayment strUcture Qf the loan will come
from charges to the So.ftware System U8CrS that will be in fun c.O.Ii1;pliaxwc withthc
recommendations .from The Collier County Clerk of the Circuit Court's completed :audit of Fund
113. Arty unspent project fundswiUbe retutlied to Fund 113 teserves,
FISCAL IMPACT: TlUs E~ec.uti:Ve Su.llUl)al'J and .its associated bu.dgetamendment:allow
CPES.to: better meet its futme:fisca1resp<>DsjbiUties; while representing no change. in fees
Charged. by CDES andhavj~ 110 general furtd impacts.
GROWTII. MANAGEMENT. tMJ>ACT: There are no .growth management impacts from this
Exec\luve. $~~~
.-..
..RECOM:MENDATION~ That the Hoard approve the request to approve this $2.5 milli(jn
OOtIiniet{,ial paper loail and theli.ttaehed Resolution to help finahcethe COBS Software System
ReplacemenfProject.
Agenda Item No. 16A 14
June 22, 2004
Page 1 of 9
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONF..RS
161\14
Rccommend3ticn to appmV,1 3 $2.5 mimen ccmmercial papr:r le3n to pay fer
~h.3 G>:!)er.s€s incurred in r~;pk"3Cln9 CoWer County's Gcmr:1:.Jnity Dev€lcpm0:"'tt
and E.nvironment;:;1 Ser.....~ce$ D:v~j;.1n>s cornputer scftware system. and ~PP!OVB.
tts associated bu(~g~t 3ri:endlneflt whid1 fi::l'y' run{1s the fJ!"fW (;()mputer som~.;are
sy:,tfim proj~ct.
612212004 9:00'00 AM
c;JS!2nn4 3:36:0!l PM
Prepared By
Gerr~~i MuUoo
Ct>mm'l1Iity O"""lv;>llllmi t.
E:nvirol1mental ~;eNi!'A!$
Flnllndll' Op"fotions M'>r:oy'"
f'lmmcl;;; Adm;n. &. Housing
Approved By
Fln"nci~; Ac,",;\ & p'ous,ns [lj'''C(Of
Oat."
0",,10'1 S"..er
Cvrr:muniiy O"ve!t>p".>~wl S.
Environmental S'~rvlo~s
Financial Admin. ~ Bo:>uslng
w'!OI2C()4 4:3;1 ;>M
Approved By
Date
Ccn$hn!'A! A. .lolw5<>'1
Ccmm,mity !X>v..l<>pment <'.
Ell\.;ronrrn;nt31 SeN;Ce$
()Ii'm~ti(lns !~n"lyst
Commlm:t.ji ~eVtll(lpmllr:t &.
;:o'vir<lnmllntai Sef.leu Admin.
6111:20044;47 PM
Approved By
.lD';"ph K. Schmi!t
Cvmmuniiy O"vllEc:>fl'l*trt S.
Envlronmf>ntal S'~rvlo:'s
C",mmun;l)' o.>velopl'nt'>r\t ~
"".ilonmer:m; S"f.I""ll Adminsimtm
Date
COlnmun!ty O<6I/'";<>\>r,',,r:( $.
f:r:vironlT!flot;;; Services Admin.
w'11l2C()4 5:2;; ;>M
Approved By
Date
Pat Ltlhnharrl
Ct>",.,ty Mer:esefll Office
Admlni:<rtratlv.. A$sistant
()fflc" r;f l,Ila"ag""'''''( $. Budg<>t
c;J14!:tnO,~ 1 :5'~ PM
Approved By
Oat>>
lIl;,rk I,..;,c!c;;t>n
County lIlaoag.~ts Offlee
S!.ldget Ano>lysi
Office cf M3n3g11mllnt & Budget
w1 !.l2~()4 4:35 ;>M
Approved By
OiJm
MIc:h'lK'l $mykv,N5kl
County Managers Office
Mal".aSllmer:! &. f5udl}1>t Dlrect!)(
Off!u of Manal}t'>lllt'>nt 8. Bud{.lM
&l15!2004 5;27 PM
Approved By
Date
JamQS V. Mudd
Board of County
Commiui<>r:ers
Count)' MamlQt'>l'
;~Qunty Manager'$ Offl{"~
EiI1512~<l4;);Hl PM
Approved By
Oatt'>
Saadro> Leo>
Ct)I-n~'!JIlIt:f Oevelo;>l1umi It.
environmental SIlNi!'A!$
E:<acutive S~cre~!'"
c!>mmun,l)' Ollvaloptnt'>nt 8.
;:rwlronmenmi S"f.jc;"ll Admin.
G!!l!2;iC-4 1 ;1.1 I'M
Approved By
Oat"
~~""cy M/!>\ll
Cvrmnuniiy O"velo;'>:'fI!wt '"
Environmental S..rvkl.'5
Adminisimtlve Assirm.nt
Financial Admin. ~ B(luslng
w~lZ~C4 3:35 PM
Agenda Item No, 16A14
June 22, 2004
Page 2 of 9
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCEEDING $2,500,000 FROM THE POOLED
COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE
COMMISSION PURSUANT TO THE TERMS OF THE
LOAN AGREEMENT BETWEEN THE COMMISSION
AND THE COUNTY IN ORDER TO FINANCE THE
ACQUISITION OF CERTAIN COMPUTER HARDWARE
AND SOFfW ARE EQUIPMENT FOR TIm COMMUNITY
DEVELOPMENT AND ENVIRONMENTAL SERVICES
DEPARTMENTS, INCLUDING THE REIMBURSEMENT
OF CERTAIN EXPENSES INCURRED BY THE COUNTY
IN CONNECTION THEREWITH, IF NECESSARY;
AUTHORIZING THE EXECUTION OF A LOAN NOTE
OR NOlES TO EVIDENCE SUCH BORROWING;
AGREEING TO SECURE SUCH LOAN NOTE OR NOTES
WITH A COVENANT TO BUDGET AND APPROPRIATE
LEGALLY A V AILABLE NON-AD VALOREM
REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCUMENTS AS MAY
BE NECESSARY TO EFFECT SUCH BORROWING; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. Unless the context of use indicates another
meaning or intent, the following words and terms as used in this Resolution shall have the
following meanings. Capitalized terms not defmed herein shall have the meanings
ascribed thereto in the hereinafter defined Loan Agreement.
"Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter
163, Florida Statutes, and all other applicable provisions of law.
"Additional Payments" means the payments required to be made by the County
pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement.
Agenda Item No. 16A 14
June 22, 2004
Page 3 of 9
"Board" means the Board of County Commissioners of the County.
"Chairman" means the Chairman or Vice Chairman of the Board, and such other
person as may be duly authorized to act on his or her behalf.
"Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of
the Board, and such o.ther person as may be duly authorized to act on his or her behalf.
"Commission" means the Florida Local Government Finance Commission, and
any assigns or successors thereto.
"County" means Collier County, Florida, a political subdivision of the State of
Florida.
"County Administrator" means the County Administrator of the County and
such other person as may be duly authorized to act on his or her behalf.
"Designated Revenues" means (1) Public Agency Moneys budgeted and
appropriated for purposes of payment of the Loan Repayments and any other amounts
due under the Loan Agreement, and (2) the proceeds of the Loan pending the application
thereof.
"Draw" means the borrowing of money under the Loan Agreement m
accordance with Article III thereof.
"Finance Director" means the Director of Finance and Accounting and such
other person as may be duly authorized to act on his or her behalf.
"Loan" means the loan to be made by the Commission to the County from
proceeds of the Series A Notes in accordance with the terms of this Resolution and of the
Loan Agreement.
"Loan Agreement" means the Loan Agreement, dated as of April 12, 1991,
between the County and the Commission, as amended and supplemented and as the same
may be further amended and supplemented.
"Loan No. A-28" means the Loan designated as "Loan No. A-28 " the proceeds of
which are to be used to finance Project A-28.
"Loan Note" means a note of the County evidencing the obligations incurred
under the Loan Agreement by the county on account of a Draw made in regard to a Loan,
which shall be in substantially the form provided in Exhibit I to the Loan Agreement.
"Loan Rate" has the meaning set forth in the Loan Agreement.
2
Agenda Item No. 16A14
June 22, 2004
Page 4 of 9
"Loan Repayments" or "Repayments" means the payments of principal and
interest at the Loan Rate on the Loan amounts payable by the County pursuant to the
provisions of the Loan Agreement and all other payments, including Additional
Payments, payable by the County pursuant to the provisions of the Loan Agreement.
"Non-Ad Valorem Revenues" means all legally available revenues of the County
derived from any source whatsoever other than ad valorem taxation on real and personal
property, which are legally available to make the Loan Repayments required in the Loan
Agreement, but only after provision has been made by the County for the payment of
services and programs which are for essential public purposes affecting the health,
welfare and safety of the inhabitants of the County or which are legally mandated by
applicable law.
"Program" means the Pooled Commercial Paper Loan Program established by
the Commission.
"Project A-2S" means the costs and expenses relating to the acquisition of certain
computer hardware and software equipment for the Community Development and
Environmental Services Departments, and as more particularly described in the plans and
specifications on file with the County.
"Public Agency Moneys" shall mean the moneys budgeted and appropriated by
the County for payment of the Loan Repayments and any other amounts due hereunder
from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and
appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan
Agreement.
"Resolution" means this Resolution, as the same may from time to time be
amended, modified or supplemented.
"Series A Notes" means the Commission's Pooled Commercial Paper Notes,
Series A (Governmental Issue), to be issued from time to time by the Commission.
The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar
terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of
adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption
of this Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa.
SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution IS
adopted pursuant to the provisions of the Act.
3
Agenda Item No. 16A 14
June 22, 2004
Page 5 of 9
SECTION 3.
declared that:
FINDINGS. It is hereby ascertained, determined and
(A) The Commission has been established for the principal purpose of issuing
commercial paper notes in order to provide funds to loan to public agencies, such as the
County, desiring to finance and refmance the cost of acquiring, constructing and
equipping capital improvements and to finance and refinance other governmeItal needs.
(B) In furtherance of the foregoing, the Commission shall issue, from time to
time, commercial paper notes to be known as "Florida Local Government Finance
C0mmisslon Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall
loan t he proceeds of such Series A Notes to public agencies, including the County.
(C) Pursuant to the authority of the Act, the Commission has agreed to loan,
ff0f11 time to time, to the County such amounts as shall be authorized herein and in the
Loan Agreement in order to enable the County to fmance, reimburse or refinance the cost
of acquisition, construction and equipping of capital improvements.
(D) There is presently a need by the county to fmance Project A-28 and the
most cost-effective means by which to finance Project A-28 is by the use of moneys
obtained pursuant to the Program by means of Loan No. A-28.
(E) The County hereby determines that the provision of funds by the
Commission to the County in the form of Loan No. A-28 pursuant to the terms of the
Loan Agreement and the financing of Project A-28 will assist in the development and
maintenance of the public welfare of the residents of the County, and shall serve a public
purpose by improving the health and living conditions, and providing governmental
services, facilities and programs and will promote the most efficient and economical
development of such services, facilities and programs.
(G) Loan No. A-28 shall be repaid solely from the Designated Revenues. Such
Designated Revenues shall include mone ys derived from a covenant to budget and
appropriate legally available NOIrAd Valorem Revenues. The ad valorem taxing power
of the County will never be necessary or authorized to make the Loan Repayments.
(H) Due to the potential volatility of the market for tax-exempt obligations such
as the Note or Notes to be issued evidencing Loan No. A-28, the complexity of the
transactions relating to such Note or Notes and the uniqueness of the Program, it is in the
best interest of the County to deliver the Note or Notes to the Commission pursuant to the
Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing
the County to utilize the Program in which it participates from time to time and to enter
the market at the most advantageous arne, rather than at a specified advertised date,
thereby permitting the County to obtain the best possible price, issuance costs and interest
rate for such Note or Notes.
4
Agenda Item No. 16A 14
June 22, 2004
Page 6 of 9
SECTION 4. TERMS OF LOANS. The County hereby approves of Loan
No. A-28 in the aggregate amount of not exceeding $2,500,000 for the purpose of
providing the County with sufficient funds to finance, refinance or reimburse the costs of
Project A-28. The Chairman and the Clerk are hereby authorized to execute, seal and
deliver on behalf of the County the Loan Note and other documents, instruments,
agr~cments and certificates necessary or desirable to effectuate the Loan as provided in
the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-28 shall
reflect the terms of such Loan and shall be substantially in the form attached to the Loan
Agreement as Exhibit 1. The Finance Director shall determine the date or dates of
funding of Loan No. A-28 and the amounts thereof in accordance with the terms of the
Loan\greement as appropriate to finance Project A-28 and is permitted by the Loan
Agreclllent. Loan No. A-28 shall mature in accordance with the provisions described in
Schedule I attached hereto or in such other amounts and at such other times as the
Fin:,lict.: Director may determine. Loan No. A-28 shall bear interest at the Loan Rate in
a.. C <TeL j; C e with the terms of the Loan Agreement. The County further agrees to make all
Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter
of Credit fees for Loan No. A-28-1 shall be 30 basis points or such other amount as
\Vachovia Bank and the Finance Director shall agree.
SECTION 5. AUTHORIZATION OF PROJECT A-28. The County
does hereby authorize the acquisition of Project A-28 and the reimbursement of any costs
incurred by the County with respect to Project A-28 within the prior 60 days which are
approved by Bond Counsel to the Program.
SECTION 6. SECURITY FOR mE LOAN. The County's obligation to
repay Loan No. A-28 will be secured by a pledge of and lien upon the Designated
Revenues in accordance with the terms of the Loan Agreement. The obligation of the
County to repay Loan No. A-28 shall not be deemed a pledge of the faith and credit or
taxing power of the County and such obligation shall not create a lien on any property
whatsoever of or in the County other than the Designated Revenues.
SECTION 7. GENERAL AUTHORITY. The members of the Board and
the officers, attorneys and other agents or employees of the County are hereby authorized
to do all acts and things required of them by this Resolution and the Loan Agreement, or
desirable or consistent with the requirements of this Resolution and the Loan Agreement,
for the full punctual and complete performance of all the terms, covenants and
agreements contained in this Resolution and the Loan Agreement, and each member,
employee, attorney and officer of the County or its Board is hereby authorized and
directed to execute and deliver any and all papers and instruments and to do and cause to
be done any and all acts and things necessary or proper for carrying out the transactions
contemplated by this Resolution and the Loan Agreement.
SECTION 8. SEVERABILITY. If anyone or more of the covenants,
agreements or provisions herein contained shall be held contrary to any express provision
Agenda Item No. 16A14
June 22, 2004
Page 7 of 9
5
of law or contrary to the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separable
from the remaining covenants, agreements or provisions and shall in no way affect the
validity of any of the other provisions hereof.
SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All
res.olutions or parts thereof in conflict herewith are hereby superseded and repealed to the
extent of such conflict.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this II th day of May, 2004.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUN1Y, FLORIDA
(SEAL)
By:
Chairman
ATTEST:
Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
County Attorney
-
6
Agenda Item No. 16A14
June 22, 2004
Page 8 of 9
SCHEDULE I
PROPOSED LOAN REPAYMENT SCHEDULE
Th2 principal of the Loan shall be repaid as follows (or on such other date or dates
and li1 ::'Udl amounts as the Finance Director shall determine):
Date
Principal Repayment
December 7, 2004
December 6,2005
December 5, 2006
December 4, 2007
December 2, 2008
$500,000
500,000
500,000
500,000
500,000
Interest on the Loan ~all be paid monthly in accordance with the terms and
provjjons of the Loan Agreement. Additional Payments shall also be made in
accordance with the Loan Agreement.
Agenda Item No. 16A 14
June 22, 2004
Page 9 of 9
16A 15 REVISED
6/17/04
EXECUTIVE SUMMARY
Recommendation to ratify a Compliance Agreement between Collier
County and MS TEP Embassy, L.P., the successor developer of the Glen
Eagle PUD, to resolve Code Enforcement Case #2002060715, pertaining to
a violation for removing native vegetation from Upland Recreation and
Open Space (UROS) easements.
OBJECTIVE: For the Board of County Commissioners (BCC) to ratify the attached
Compliance Agreement for Code Enforcement Case #2002060715, pertaining to the
removal of native vegetation from Upland Reereation and Open Space (UROS)
easements in the Glen Eagle PUD, and authorize the County Manager to execute and
approve the Agreement.
CONSIDERATIONS:
The subject site was first rezoned from A-2 to the Bretonne Park PUD (a.k.a. Embassy
Woods) to allow 1,380 dwelling units and 12.48 acres of commercial development. This
PUD was approved on April 7, 1987, along with a companion item, DRI-86-2 C, that
addressed regional impacts resulting from the development of the project. The PUD was
amended on August 23, 1988 (Ordinance No. 88-67) in order to allow for exemptions
from the subdivision regulations and modifications to the environmental commitments.
The DRI was also amended at this time (Development Order No. 88-1) to be consistent
with the revised PUD. A second PUD amendment was approved with the adoption of
Ordinance No. 89-10 to correct a scrivener's error in the project phase sequence and to
amend subsection 3.11.B Special Buffer Requirements. The DRI was amended in 1999
(Ordinanee No. 99-71) to reduce the commercial tract and to permit an assisted living
facility. An amendment to the PUD Master Plan was also approved as a companion item
(Ordinance No. 99-36). The most recent amendment to the PUD (Ordinance No. 98-12)
was to reduce the minimum rear yard setback, but only within Tract "J" from 20 feet to
12 feet for those lots that abut a lake or golf course. On August 16, 1996, an SDP
application (SDP-99-42) was placed on hold by Steven Lenberger because of eoncems
with the 10.3 acres of Wetland Preserve, 13.4 acres of native upland habitat to remain
within the golf course and 48.3 acres of upland recreational Open Space to be protected
outside the golf course. Those concerns appear to have been resolved without further
need for enforcement.
In June 2002, Code Case #2002060715 regarding UROS Easements in Glen Eagle PUD
was opened based on a formal complaint registered by a resident of the development
involving the removal of native vegetation without permits. Portions of the Glen Eagle
PUD were platted with Upland Recreational Open Space (UROS) Easements dedicated to
the County and to the master association with that entity having responsibility for
maintenance. In the first two plats (comprising the vast majority of the overall
Glenn Eagle Compliance Agreement 16A 15 REVISED
~2 ~~
development, i.e., Phases One & Two'), the dedications contain no restrictions on use
other than General Note 15 stating that the UROS Easements were "per Section 5.8 of
PUD Ordinance No. 88-67, as amended." This provision is discussed in further detail
below. Although protective language exists on these two plats for Conservation
Easements (General Note 16.), only the Phase Three plat2 provided for any more
protective restrictions for the UROS Easements, stating only in General Note 10 that they
". .. may not be altered from their natural state other than to provide utilities and
drainage as indicated on the approved construction plans and plat. Activities prohibited
within the UROS easements include but are not limited to construction or placing
buildings on or above ground, dumping or placing soils or other substances such as trash,
removal or destruction of trees or shrubs, dredging or removal of soil material, and any
other activities detrimental to drainage, erosion control and wildlife habitat except those
activities allowed in the PUD referenced above." Significantly, this later plat only
dedicated the UROS Easements for "the purpose of landscaping" notwithstanding the
quoted text found in the general note. As a general rule, however, the text of a specific
dedication controls to the extent of any conflict with any statements made in a plat's
general notes.
Research indicated that several UROS easement areas were cleared without development
orders or vegetation removal permits. Staff interpreted the requirements for the UROS
easements to be consistent with current LDC requirements for native vegetation
preservation areas. Staff then approaehed the current developer, MS TEP Embassy, L.P.
Transeastern), to negotiate a plan to abate the alleged violations and in doing so
discovered that as various mitigation plans were proposed, the extent of the alleged
UROS violations increased, in that the sites offered for mitigation were in fact also
designated UROS areas, and these areas were either devoid of native vegetation or
sparsely planted. As the extent of the alleged violation was uncovered, the Master
Association and Transeastern expressed concerns that golf course views would be
blocked by replacement plantings, and suggested possible alternative planting sites.
Upon further investigation, staff assessed that the possibility existed that other potentially
prohibited activity included erection of a rest room building (with building permits)
within a UROS, placement of cart paths through multiple UROS, substantial narrowing
and removal of protected vegetation in all three (3) strata throughout the UROS areas,
replacing the understory with sod or turf and installing a roadway though one UROS
easement. A total of 23.2 acres were considered to be in varying degrees of violation.
Numerous meetings, visit, calls, and other contacts took place in the following months.
Based on documentation found in, and a detailed review of, the public records, the
Bretonne Park DRI/PUD site had been previously logged and subsequent new growth
was a mixture of wetland and upland habitat species intermixed with an abundance of
exotic vegetation, primarily melaleuca. This site was inspected with staff members from
Collier County prior to the approval of the original DRI/PUD. At the Environmental
Advisory Committee (EAC) hearing for the original DRI/PUD (87-15), the applicant
indicated a need for flexibility in placement of future recreational facilities. The EAC
incorporated specific reference to uses and facilities that could apply to open space and
Glenn Eagle Compliance Agreement
Page 3
16A 15 REVISED
6/17/04
park areas with specific recommendations that any clearing or placement of structures in
these areas are subject to approval of Collier County. The PUD was then approved with
separate allocations to Preserves and Upland Recreational Open Space.
Within the "Approval Requirement Section" of PUD 87-15, the following specific
language is included:
".. .Recreational buildings and facilities of various kinds may be established in the
areas indicated on the Master Development Plan as park and as natural open space
and recreational commons, either as a part of the initial development improvements
or at a subsequent date...."
Section 5.6 of this PUD required wetlands to be preserved while section 5.S3 reiterated
the use of open space for recreational purposes, with no reference to preservation.
Furthermore, this section did provide for clearing and recreational facilities within the
open space areas.
Subsequent review by the Department of Community Affairs (DCA) (letter from Tom
Beck 11-21-86) in a letter to the Southwest Regional Planning Commission (SWRPC)
listed 7 comments one of which addressed the open space areas as follows:
5) The Report should specifically map all preservation, buffer and special
protection areas, distinguishing them from open space and recreation areas; list the
amount of acres designated in each category; and specify what development is
allowed in each area, if any.
In response, the SWRPC (staff recommendations dated 12-86) provided
Recommendations that included:
4. Recreation and Open Space. The project is planned to have 60 acres of parks
and upland recreational open space. The open space will accommodate swimming
pools, bike paths and jogging trails. Additionally, there will be 37.1 acres of lakes
and 10.3 acres of wetlands. All areas will be owned and maintained by the
homeowners association.
In 1988 the PUD was submitted for an amendment that included an 18-hole golf course.
Through the amendment process staff and consultants again reviewed the site. The EAC
discussed the need to retain habitat corridors within the "rough" areas of the golf course
and recommended approval with the following stipulation:
14. Existing native vegetation in the proposed "rough" areas of the golf course
shall be conserved in place where feasible.
Glenn Eagle Compliance Agreement
Page 4
16A15 REVISED
6/17/04
The Collier County Planning Commission (CCPC) reviewed this amendment and
recommended approval with a series of stipulations including:
".. .reconfiguring the Upland Park and Open Space site and incorporating part of it
into the golf course area; ...
The BCC heard this amendment and approved the following:
Upland Recreation Open Space
Wetland Preserves
Golf Course
48.3 acres (from 60.02)
10.3 acres (from 10.26)
51.8* acres (from 0)
"*Approximately 13.4 acres of the golf course will remain in upland habitat; with
selective clearing, filling and exotic removal".
With this PUD amendment it is noted that recreational buildings and facilities would be
allowed in the Upland Recreational Open Space areas. These areas were to include the
golf course rough areas and could be eonsistent with the design of the golf course. Other
than Preserves, the only areas specifically noted as remaining in upland habitat were the
13.4 acres allocated out of the 51.4 acres of the overall course.
The PUD further delineated the uses allowed within these areas as follows:
9.1 Purpose: The purpose of this section is to set forth Golf Course, Community
Center, Clubhouse. Recreation and Oven Svace del'eloDment re1!ulations applicable to
the Bretonne Park Project.
9.2 Uses Permitted
A. Principle Uses:
1. Golf course
3. Oven SDace recreational uses and activities
B. Accessory Uses:
1. Customary accessory uses and structures.
2. Pro-shop, practice driving range and other customary accessory uses
of golf courses, or other recreational facilities.
5. Shuffleboard courts, tennis courts, swimming pools, bocci, and other
types of facilities intended for outdoor recreation.
Subsequent amendments to the PUD did not further modify the Open Space, Preserve or
Golf Course elements of the project.
Therefore based on staff analysis, the creation of Upland Reereational Open Space
(UROS) for this project is a unique designation with imprecise meaning. In the early
Glenn Eagle Compliance Agreement
Page 5
16A15 REVISED
6/17/04
language of the DRIIPUD this space may have been more narrowly thought of than the
uses that have evolved, but the introduction of the 18-hole golf course in the 1988
amendment provided significant insight into the uses contemplated in the UROS areas at
that time.
No adopted references contemplating the UROS areas as "Preserves" were found. The
fact that Preserves were separately defined and accounted for in the PUD would indicate
that UROS were not classified as Preserves. Additionally, the Preserves were clearly
defined both on the master plan and within the text of the PUD, neither of which included
clear definition of the UROS areas. With the golf course allocation of only 51 acres, it is
unlikely that the UROS could be anything but part of the course in some form. The
statement in the PUD that 13.4 acres of the course would be retained as native vegetation
singles out that aereage as native, however the UROS are not similarly singled out.
Further review of UROS conditions do not indicate any required replanting, well enough
any limitations to native species if in fact landscape elements were added, which are not
indicated as prohibited.
The Preservation areas were determined via the DRI/PUD process between the County
and the applicant. In addition to the natural wetlands, the applicant's lake and water
management system were also considered as wetlands (88-1 (5)). Staff also noted this
project is protected by the same vesting rights and protection from down zoning or
density/intensity reduction under state statutes as any existing, approved PUDIDRI (7-12-
88 staff report). Current LDC requirements for native vegetation preservation, if
applicable, would remove additional land for preservation beyond the approved
commitments, ultimately reducing intensities and possibly densities and would not have
been contemplated at the time of this PUD approval.
The UROS land use is described in the many documents that comprise the Bretonne Park
DRIIPUD and was further defined as the PUD was amended over time. With the changes
to the project as well as the intensities in the land uses around it, the original concept of
the project evolved into a typical golf course community. Many of the rough areas of the
golf course were classified by the PUD as UROS and continue to function as recreational
areas associated with the golf course subject to the activities of both golfers and adjoining
property owners. Requiring that these areas remain as viable habitat is not reflected in
the approved documentation. In summation, the governing documents reflect that the
UROS were intended to fulfill the park and recreational needs of the project.
In conclusion, reviewing any property at this stage of development and believing that
changes are warranted without clear definition in the supporting documentation will only
add unnecessary costs and hardship to both the residents and/or property owner with no
gain in useful upland habitat. As sueh, under the proposed compliance agreement the
property owner has offered supplemental plantings in prescribed areas.4
Glenn Eagle Compliance Agreement
Page 6
16A 15 REVISED
6/17/04
Given the high degree of ineonsistency in the factual record and the current
comprehensive plan and land development code requirements for establishing preserves
within a residential development, staff has concluded that a PUD amendment would not
solve the existing problem and that the best course of action to resolve the issue would be
a compliance agreement between the developer and the County requiring the successor
developer to re-vegetate onsite to mitigate for the loss of some of the identified UROS
easements.
The proposed Agreement eonsists of the following commitments:
A. To provide replanting of up to 20,000 plants of varying species.
B. To complete all plantings within 90 days of entering into the Agreement.
C. To remove existing exotic pest and nuisance species in all UROS Easements and
other areas proposed for re-planting within 45 days of entering into the
Agreement. This requirement is specifically limited to the pest and nuisance
species as identified by Florida Exotic Pest Plant Council and does not include
ornamental exotic plantings onsite specifically including, but not limited to Area
#39 on Exhibit A. Area #39 is approximately 0.54 acres and is located along the
west and north sides of Glen Eagle Boulevard at entrance to the development.
D. To record an easement in favor of Collier County and the Association for those
areas of on-site mitigation being replanted under this Agreement within 30 days
of entering into the Agreement at no cost to the County.
FISCAL IMPACT: The County will absorb its costs of investigation thus far, and will
have future expenses to monitor the contemplated eorrective work, but will not be
required to prosecute the code enforcement case and any subsequent appeal. By
resolving the pending case in this manner the developer will not pass on the costs of
abating this violation to the property owners' association at turnover, although the
association will be required to maintain exotic-free, all areas of native vegetation in the
UROS easements and new areas of re-planting.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
RECOMMENDATION: That the Board of County Commissioners ratify the
Compliance Agreement and its corresponding attachments and authorize the County
Manager to approve the Agreement in order to abate the pending code violation.
1 See, plat of Embassy Woods Golf and Country Club at Brettone Park, Phase One, recorded on August 8,
1990 in Plat Book 17. Page 47; and Embassy Woods Golf and Country Club at Brettone Park, Phase Two,
recorded on October 18, 1990 in Plat Book 17, Page 73.
2 See, plat of Glen Eagle Golf and Country Club, Phase Three, recorded on June 23, 1998, in Plat Book 30,
Page 21, which covered only the northernmost portion of the development.
3 The provisions which were referenced in the plat general notes for Phases One & Two, above
4 See attachments to the Compliance Agreement.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
i6A15
Item Summary
Recnmmendation to ratify a Compliance Agree:-r:"nt t,,,r..men Comer County
and Tmnseastem Properties, Inc, the SUCCf,5.';Or de....eloper ot the Gien Eagle
PUO, 10 resolve Code Enfon-:.,ment Case #2U020fj0715. pertaining 10 a
....iolation for removing nativf: ....egeta!km trGm Upland Recreation and Open
Space (lJROS) easen-,ents
Meeting Date
6122i2004 9:00:00 AM
Approved "By
JQ$~j)h K. Sctlmlt!
C<ll"1!llUniiy OfoIv~iol)ffltint &
Envlmnm~"t".l S~:v!C!<s Admlnstratur
Q"tr.
COml"lunity OIlvr.lcpment &
En"iromnr.nf.al S!.rvlcas
Communi!)' Oe"/llop:nant .&
E'wlr<mm/lntai S/lrvicQ$ Admin.
5115120048:54 AM
Approved "By
Com~tanca A. Jt)hnsol~
OPf'latlons Analyst
Oatr.
Community O~velopm"'"t &
Environment!!l Servlcils
Cc~:mmnliy O...v~iOI)milnt &
Envlronm'I'lt;!':! Se'v!!'"A-..$ Admin.
6ii6i2iXl4 9:23 AM
Approved "By
P.~trtck: G. Whitll
Assistant Ct)uniy Attomey
Date
County Manager's Offlce
County Attorney Offloo
6i"Hii2004 9:36 AM
Approved By
Pat lehnhard
AdmInistrative Assistant
Oatil
County Managllr's Office
Offlc.. ~lf M?oa\jllment " Bl:dgst
6i16i2004 ~:43 AM
Approved "By
Susan Usher
SlInior Managllm..ntiaudg..( Analyst
Datil
County Manager's OUke
Office of Ma'lagr.mlmt & Budg/!!
5115120049;46 AM
Approved "By
County Manas;er's Office
. Budget Analyst
Offlce of Management & 8uds;et
Dahl
Marloi Isackson
611lii200410:33 AM
Approved By
James V. Mudd
Boaro of County
Commissioners
County Manager
Oate
County Manager's om;;e
611lii2004 :1:52 PM
....--.
Agenda Item No. 16A 15
June 22, 2004
Page 7 of 7
Compliance Agreement
Transeastem Properties, Inc., successor Developer of Glen Eagle Golf & Country Club
Prepared by:
Patrick G. White,
Ass'l. Cty. All'y.
2800 North Horseshoe Dr
Suite 300
Naples. FL 34104
COMPLIANCE AGREEMENT
This Compliance Agrement ("Agreement") is entered into and made on this _ day of
,2004, by and between Collier County (the "County") and Glen Eagle Golf & Country
Club, Inc., ("Respondent") and MS TEP Embassy, L.P. ("Developer"), (hereinafter referred to
collectively as "the Parties"), with respect to Collier County's Notice of Ordinance Violation and
Order to Correct dated July 17, 2003 in reference to Case No. 220060715.
RECITALS
WHEREAS, the County has issued a Notice of Ordinance Violation and Order to Correct
against Glen Eagle Golf & Country Club, Inc., (hereafter referred to as "the NOV"); and
WHEREAS, the County has alleged that violations of Collier County Ordinance 91-02,
as amended, Land Development Code Section 3.9.3 and P.U.D. Ordinance 87-15, as amended,
Section 5.8 exist at within the Glen Eagle Golf and Country Club, located in Collier County
("Subject Property") based on: the alleged unlawfully removal of native vegetation from multiple
areas designated as Upland Recreational Open Space ("U.R.O.S.") easements; the alleged
construction of a structure, cart parth and road in the platted u.R.O.S. easements within folio
number 31055521503; and, the alleged construction of a cart path through platted U.R.O.S.
easement within folio number 31055520504; and
lof7
Compliance Agreement
Tramea.vtem Properties. Inc., .'uccessor Developer of Glen Eagle Golf & Country Club
WHEREAS, on September 23,2004, Respondent timely filed a request for adminsitrative
interpretation of the term U.R.O.S. in the PUD and stating a basis of disagreement with staffs
interpreation ofthe term as evidenced by the N.D.V.; and
WHEREAS, County staff and Respondent and Developer met on December 22,2003, to
discuss the possibility of abatement of allegations in the Notice of Violation by various
mitigation measures during the pendency of the administrative interpretation request in an effort
to resolve the dispute; and
WHEREAS, County staff and Respondent and Developer met again on March 12,2004
and March 16, 2004 on site and performed additional detailed site inspections to evaluate
mitigation proposals submitted by Respondent and Developer; and
WHEREAS, the Parties desire to reduce their agreement of all such claims or
controversies to this writing so that it will be binding upon Respondent and Developer, and the
County and their respective predecessors, successors, heirs, assigns, spouses, employees, former
employees, elected officials, former elected officials, officers, agents, representatives, attorneys,
insurers, sureties and affiliates.
NOW THEREFORE, in consideration of the mutual covenants and promises and
considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by
Respondent and Developer and the County, Respondent and Developer and the County hereby
agree to the following:
1. The Parties agree to adopt and incorporate the foregoing Recitals, sometimes
referred to as "Whereas clauses," by reference into the terms of this Agreement.
2. The Parties agree to adopt the conclusions setting forth the amount of acreage
2 of?
Compliance Agreement
Transeasrem Properties, Inc., successor Developer of Glen Eagle Golf & Counrry Club
requiring remediation or mitigation in the Memorandum entitled Glen Eagle PUD: Analysis of
UROS Violations and Mitigation Areas Memorandum, dated February 16, 2004, prepared by
llene Barnett of Calusa Coast Ecologists, Ine., attached hereto as Exhibit "A" and by reference
made a part hereof, providing the Respondent and Developer agree to provide all mitigation or
remeditation for the acreage on site as further provided for in the Memorandum entitled Glen
Eagle PUD: Planting Plan for UROS Settlement dated June 10,2004, prepared by llene Barnett
of Calusa Coast Ecologists, Inc, attached hereto as Exhibit "B" and by reference made a part
hereof, along with the attachments referenced therein.
3. The Parties agree that the planting plan detailed in Exhibit "B" is sufficient to
mitigate and remediate the alleged violations of the UROS easements in Case No. 220060715
and provides all necessary mitigation or remediation for the acreage on site.
4. Respondent and Developer agree to complete the work on site in accordance with
the planting plan set forth in Exhibit "B" within 90 days of the execution of this Agreement.
5. Respondent and Developer agree as may be necessary between them to provide
easements to the County and the Glen Eagle development's master property owners' association
for all areas which are not presently dedicated as UROS Easements and are otherwise described
as those areas within the planting plan set forth in Exhibit "B" within 30 days of the execution of
this Agreement, sueh easements to provide for the perpetual maintenance of these areas by the
master association consistent with the dedications of the UROS easments via reeorded plats
imposing such maintenance obligation on the Embassy Woods Golf and Country Club at
Brettone Park Master Associaion, Inc., or its succesor, Respondent.
6. In consideration of Respondent's and Developer's agreement, as set forth above,
30f7
Compliance Agreement
Transeastem Properties, Inc., successor Developer of Glen Eagle Golf & Country Club
the County agrees to abate the Notice of Violation dated July 17, 2003, for Case No.
2002060715 upon Respondent's or Developer's completion of the planting plan set forth in
Exhibit "B," and in that event no fines, fees or costs shall be due from Respondent or Developer.
6. This Agreement is freely and voluntarily executed by County and Respondent and
Developer subsequent to their being apprised of all relevant information concerning this
Agreement and upon advice of their counsel.
7. The Parties hereto agree that this Agreement supersedes and replaces all prior
agreements and understandings and that it constitutes the entire agreement between Respondent,
the Developer, and the County and that no other agreements exist, oral or written, between the
Parties relating to any matters covered by this Agreement or any other matter whatsoever.
8. The Parties acknowledge and assume the risk that facts, additional and different
or contrary to the facts which they believe to exist, may now exist or may be discovered after this
Agreement has been entered, and the Parties agree that any such additional, different or contrary
facts shall in no way limit, waive, affect or alter this Agreement.
9. Except as expressly provided for herein, the Parties represent and warrant that in
executing this Agreement, they do not rely upon, nor have not relied upon, any oral or written
representation, promise, warranty or understanding made by any of the Parties or their
representatives with regard to the subject matter, basis or effect of this Agreement.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
40f7
Compliance Agreement
Transeastem Properties, Inc.. successor Developer of Glen Eagle Golf &: Country Club
IN WITNESS WHEREOF, Respondents, Developer, and the County have executed this
Agreement, which consists of _ pages, on the dates set forth below next to their respective
signatures and as sworn to and aeknowledged by and through its duly authorized representative.
COLLIER COUNTY, FLORIDA
BY:
JAMES V. MUDD,
COUNTY MANAGER
Approved as to form and
legal sufficiency:
Patrick G. White,
Assistant County Attorney
ST ATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned notary public, personally appeared
,as of COLLIER COUNTY, who is personally known
to me or who produced as identification, and acknowledged that
(s)he executed the same on behalf of COLLIER COUNTY and that (s)he was duly authorized to
do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
(Print Name)
My Commission Expires:
50f7
Compliance Agreement
Transeastem Properties. Inc.. successor Developer of Glen Eagle Golf & Country Club
Signed, sealed and delivered
in the presence of:
RESPONDENT:
GLEN EAGLE GOLF & COUNTRY
CLUB, INe.
By:
Printed Name of Witness
(Printed Name)
Printed Name of Witness
ST ATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned notary public, personally appeared
, as of GLEN EAGLE GOLF & COUNTRY CLUB,
INe., a Florida corporation, who is personally known to me or who produced
as identification, and acknowledged that (s)he executed
the same on behalf of GLEN EAGLE GOLF & COUNTRY CLUB, INC. and that (s)he was duly
authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOT ARY PUBLIC, STATE OF FLORIDA
(Print Name)
My Commission Expires:
60f7
Compliance Agreement
Transeastem Properties. Inc.. successor Developer of Glen Eagle Golf & Country Club
Signed, sealed and delivered
in the presence of:
DEVELOPER:
MS TEP EMBASSY, L.P.
By:
Printed Name of Witness
(Printed Name)
Printed Name of Witness
ST ATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned notary public, personally appeared
, as
of MS TEP EMBASSY, L.P., a
Florida corporation, who is personally known to me or who produced
as identification, and acknowledged that (s)he executed the same on behalf of
MS TEP EMBASSY, L.P and that (s)he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
(Print Name)
My Commission Expires:
H :\wpdata\krc\Clients\transcastem\COMPLlANCE AGREEMENT-(060904).doc
70f7
EXECUTIVE SUMMARY
Recom.rnendation that the Collier County Community Redeyelopment Agency
(eRA) approve tbe 2003 Annual Report of the CRA, direct staff to file the annual
report with the Board of County Commissioners (BCC) and direct staft to publish
notice of~ling tbe repQrt.
OBJECTIVE: Approve the 2003 Annual Report of the CRA) direct staff to fiJethe
report with the :ace through the Board's Clerk and direct staff to publish notice to the
effect that thercport has \J:eenfiJed with the BCe in compliance with Sec. 163356 (3)
(c). Florida Stalutes~
-,
CONSmERATIONS~ Florida Statutes require the eRA to me an annual report each
year with the Bee "of its activities for the precedmg fiscal year, which report shall
include a complete financial statement setting forth its assets; liabilities, income, and
openJ.ting expenses <l$ of the end of sm:hnscal year:' The '''2003 Annual Report,"
atta~hed .a$ Ex.hibitA, includestheserequi:rements for the fiscal year ending September
30; 2003, The report accurately reflects the income, operating expenses and account
balance.s at the end of the 2003 fiScal year. The format of the. 2003 Annual Report was
selected for its effective transmissioll to cOnlInunity members.. It can be used asa
marketing tool inbrochure form lJy the CRA. Approval of this report will enable its filing
with the .BCCpursuant to statute, Please note that. a complete audit of the 2003CRA
financials is perforrnedalong with the overall audit of Collier CountYt pu.rsuant to Florida.
statute Sec. 163.387(S)t and is nota part of this report.
Fl$CALlMPACT: None. The express purpose of this action is to direct the filing of the
2003 Annual Report with the BCCand direct publication of notice.
GROWTH MANAGEMENT IMPACT: None.
STAFF'RECOMl\IENl)A TION': That the CRA approve the 2003 Annual Report of the
CRA, 4Ir~t ~t9 file therepoI1 \'\11th the 'Bee and direct. staff to pub1ishnotice.
.~.
Agenda Item 16A 16
June 22, 2004
Page 1 of 3
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
SOARt'! OF COUNTY COMMISSIONF..RS
16A1l1
The BO<lrd ot County Commissioners sittir,~ as the con~,r CmJnty Commun:rl
Redf:VE!lopment Agf:noy. Recomm'3nd;3tion that thE! COm!lr County Community
Redevelnpment Ager.Cy' (CRA.} app"we tr,fJ 2C'f.;3 Annual Report of th.. CRA.
direr.! "taft to me the annual report with the Beard ,,1 C,;lmty Commissioners
(BeG; arId direct staff to purJiish ""tice of 111ing the report.
6122;2004 g:C'f.;~OO AM
Prepared By
John..J)~y:d Moss
Comm>.lnWI Development &
efJ\(lf~mlll..ntal Sentk.e"
S"nior P'olnflf,!
$!11rlt:ot. n'3$';'1
PM
Coml'r";l..m;lve Pla'mins
Approved By
Oat"
S;,(,cra Lea
Com,mmity Of<...eh~f>rIl(,ffl &
E'm'lrooNlfOnml Ser'Jl:.:es
Ex"<.;u1:l",, &lofeUilry
Commun!ty Oe""lollment &
Envlmrm:cH'....i S"MCl;l:$ AdN';II.
6111/20041:14 PM
Approved By
Ran<laUJ. Cohen
Com!!".!.Jnlty Developlllent &
e,,";fQl1>l",ntal Sent;....es
Commulr;ty Planning and
Redevt>lop!!".ent Molnol~r
Oat..
Comprli'ht'Mr..o Planning
iSit117.(;(l4 1:1$ PM
Approved By
COlllprf<h"nslve PI;'Mling Dh'''Gtor
Oaw
Stan Utsinller
Cormmmity o....e!"f>!ooffl &
Envlmmnenml Svrvk.;;!5
Comprehensive Pl",:mlng
6111/20041:22 PM
Approved By
Dam
Cl>!l$UtnC6 A. Jl)hr'$cm
Cl>mm.mlty D.."..JO.IIl",llt to
f:nvllYnl1l{lntal ~;ervl....fOs
OpQratlon:a Analyst
CON""uU;t)' Oav..lopm<tl'lt /I.
::rwlronrn<<ntai Ser-.lces Admin.
6I14!2()04 1 :20 PM
Approved By
Jos"ph K. Schmitt
Com'mmlty o....-e!l>fJrIl6ffl &
Envlmnmenml S..rvlw-'J
C<ommunlty O&Yel:>I>~l\t &
Emrlr:>nmt>nbl S6fYICf<!o Adllllnstr;,wr
Data
Commu!llty Oevf<lolltllcmt &
Env!mnrr:oer;t;tl Services Admin.
&14/10041:47 PM
AdmJnir.trlltl\... AuilllUlnt
Data
Approved By
Pat l...hnhard
COU!rty Molllo1l)e!'!o om.:t>
Office of Managem"nt & Budget
G!1<1-!:!004 ~:3~ PM
Approved By
Dam
M;;ri<. 1s-3c!(sol\
CO"""y Mau'6\i",r'lI Offic..
Budget Analyst
OffiC<! l>f Manasement /I. Budg"!
611S:~004 tt:35 AM
Oat..
Approved By
Ml:.:hll$i Smyko-N!;ki
County Manager's Offloe
Mal'.llgement /I. 5u!lg"t Dir"t;tl)f
Offl~~ of Manag~tn~nt & Bud9t!t
611517.0042;0$ PM
Approved By
County Manag~r
D3te
James V. Mudd
Board of County
Com!!",illsloners
County Manag..r'lIl om;::",
6115/20042:49 PM
Agenda Item 16A 16
June 22, 2004
Page 2 of 3
EXmBIT A
~: 003 Annual Report
--, 2 C~c:;;;r County Community Redevelopment
!~!?;lCY (eRA) had a successtJI }'Sar in 2003.
';;;'mtheless. both of its dis'-;cts, Imrnokalee and
~:e Baysl1ore1Gateway Triangle, haYe only
',L-;"i1 to ~C:-J~;;h the surface ofthei' numerous
r~:, ..elap;nent objectives. Below is a summary
: '" [ec"v€lopment activities accomplished in
. ,-{::j
lITlmokalee Redevelopment Area
-r 'l1'T\mokalee Redevelopment Disbict spent
~':-" ";c:,:c:c9 on stormwater and housing
'_j-~C 6S ....eil as developing economic
- ,.,':' ;e~ Th8 most significant projects
_I~certaken in 2003 were:
c I,H\~OK.',LEE HOUSING INmATIVE
"':,,5" :)nlT-Site Improvement Plans for
- :Icbi:e home parl<s in the Redevelopment
Area were submitted to determine
compliance with code
. Pi:"se Two---{)ngoing survey of the enti'e
:cmmunily's approximately 5000 housing
t.ilits (to determine Ihei' actuallXlldition)
was initiated
ALLOCA nON OF HOUSING FUNDS
. $3500 in SHIP funds aIocated
. $350 in HOME funds allocated
THE CLlFTOW10TH ST PROJECT
. Utility and road enhancements were begun
along Clifton Street Extension to open up
the area fa' affa'dable housing
THE "LESSER STUDY"
. Ecooomic flcentives targeted at the
ImmokaIee area were identified and/or
developed
ECONOMIC INCENTIVES
The County Bead approved four economic
incenlve programs fa'lmmokalee:
. Residerma Impact Fee Deferral Program-
postpones payment of impact fees unO the
home is sdd, transferred or refinanced
. Properly Tax Stimutus Program-mitigates
the ecooomic effects of increased
relocation and expansion costs for targeted
busilesses
. Fee Payment Assistance Prog~
mitigates the econorric effacls of increased
impact fee rates for targeted businesses
. Broadband Infrastruc1ur8 Prog~
provides incentives for erlgible businesses
to install advanced digital iIfraslructure,
such as ibar optics or wi'eless systems.
BayshoreJGateway Triangle
Redevelopment Area
The BayshoreJGateway Triangle Redevelopment
Disbict spent much of 2003 focusing on land
development overtays, st>nnwaler-related issues
and grant programs. The Bayshore portion of this
disbict, v.f1ich has a zoning overlay in place,
began to see the first signs of large-scala land
invasbnents fl 2003. Some significant projects
that began or were completed in 2003 were:
COTTAGE PARK (permitted-new)
Lakeview Drive - 5 single family
homes
BOTANICAL PlACE (perrritted-new)
Bayshore Drive near Thomasson-
Gateway 200+ Condo Complex
"THE LOFTS. (permitted-iehab)
West Side of Bayshore near fle
lakeview intersecti0n-5 new artist
lofts, The Bayshore Coffee
Co~any, Haldeman Creek Art
Gallery
GLASS BLOWN ART GALLERY (rehab of old
Dixie Plumbing Bldg)
East Side of Bayshore near lunar SI
EAST NAPLES FIRE HOUSE (permitted- new)
SE comer of Bayshaa and Jeepers
BOTANICAL GARDENS (permitte<k1ew)
Bayshore Drive & Thomasson- SOP
P1~ & FGCU Research Center
~
.~,-.
. '.... t
. ,
;,. ;:0. . . ... '.' ""'" ".. ~"...'"
The Gateway T rianga portion of this district
started the i1tial phases of developing a zoning
overlayth~~ij~eand~growlh
beginring in late 2004. Some significant projects
that began orwere completed in 2003 were:
UNWOOD COMMONS (under lXIlslructiorH1ew)
lilwood Avenue - t.tJ1ti Use light
Industrlal C~lex
CVS PHARMACY (under lXIlsructiorH1ew)
NE Comer of Shadowlawn & US 41
GULFGA TE PLAZA (under consbuction-rehab)
SW Comer of Baysh0r9 & US 41-
mu""le new stores (Big lois,
Tuesday Morning, AM South Bank)
MARCO OFFICE SUPPLY (perrritting-rehab)
North Side of US 41 withfl the rriri-
biangle
DAVIS BOULEVARD VIllAGE (permitling.new)
Southside of Davis Blvd just west of
the ShadOVtfawn ir'JlEneclion
RUFFINA (amounced-new)
Comer of Sandpiper & US 41
CRA 2003 BUDGET
IMMOKALEE (FUND 186)
REVENUES
Transfer from General Fund
Transfer from Unincorporated
. Reimbursement
Interest Earnings
CarTy Forward
Total
EXPENDmJRES
Operamg Expense
Capital OuUay (Sl Ughling)
County Employee Support
Total
Total Fund
$176.200
$ 36, 700
$ 60,000
$ 8,167
$162, 338
$443,405
$60,905
$60,000
$15,000
$135,905
$307,500
BAYSHORElGATEWAY TRIANGlE (FUND 187)
REVENUES
Transfer from General Fund
Transfer from Unincorporated
Interest Earnings
CarTy ForwErd
Total
EXPENDmJRES
0pera00g Expense
Grants Program
County Employee SlWOrt
Total
Total Fund
$368,400
$ 76,700
$ 17,569
$387,598
$850,267
$1,374
$4,000
$15,000
$20,374
$829,893
CRA Board
Comnissioner Donna Fiala, Chairman
Commissioner Frank Halas, Vice-Chairman
Corrvnissioner Fred W. Coyle
Comrrissioner James N. Coletta
Comrrissioner Tom Hennflg
CRAStaff
Stan Ulsinger, A1CP, Comprehensive
P1ami1g Director
Randy Cohen, ComllU1ity P1ami1g and
Redevelopment Manager
BayshoralGateway Triangle District
2408 Unwood Ave. Suite 7, Unit 11
Naples, FL 34112
239.643.1115
D. Aaron Blair,
Execu&w Director
Immokalee District
Caller Courdy Community
Development & Environmental Services
2800 N. Horseshoe Dr
Naples, FL 34104
Agenda_16
J ~e4
I~ ~nfff 3
~':i!1;l+i'f';"
.-
EXECUTIVE SUMMARY
To clarify the operational relationship between the Board of County Commissioners of
Collier County, Florida and the Collier County Community Redevelopment Agency (CRA)
for the BayshoreJGateway Triangle Community Redevelopment Area (Area), specifically
recognizing that the Executive Director of the Area reports directly to the CRA and is not a
Collier County employee under the direct supervision of the County Manager, and related
matters.
OBJECTIVE: To clarify the operational relationship between the Board of County
Commissioners of Collier County, Florida and Community Redevelopment Agency (CRA) for
the Bayshore/Gateway Triangle Redevelopment Area (Area), specifically recognizing that the
Exccutive Dircetor of the Area rcports direetly to thc CRA and is not a Collier County employec
under the direct supervision of the County Manager. And additionally recognizing that:
-
1. The CRA is a separate. di~1inct entity that has its own board of directors for what in effect
are two special districts (Bayshore/Gateway Triangle and Immokalee);
2. Collier County will continue to provide human resources and administrative support to
the Area;
3. Fund 187, which is funded by Tax Increment Financing (TIP) funds, will reimburse
Collier County for such actual support services as determined by the office of
managcmcnt and budget for said support;
4. The position of Executive Director for the Area is not a Collier County employee but
rather is an employee of the CRA. The Executive Director is eligible for county benefits
as provided for in the attached Employment Agreement between the Area's Executive
Director, Mr. D. Aaron Blair and the CRA;
5. The CRA as a separate entity must request that the Florida Retirement System (FRS)
create a position for its new employee in order for Fund 187 to fund the Executive
Director's retirement benefits; and
6. Mr. Aaron Blair effectively terminated his employment with Collier County on April 5,
2004, and simultaneously entered into an employment agreement with the CRA effective
April 5,2004.
CONSIDERATIONS: On May 7,2003. the Bayshore/Gateway Triangle Local Redevelopment
Advisory Board (Advisory Board) recommended that the CRA approve the creation of an
Executive Director position to manage the business of the Area.
At the June 13, 2003, CRA meeting the agenda item that set forth the Bayshore/Gateway
Triangle Executive Director position was given verbal support by the CRA. The CRA
authorized staff and the Advisory Board to bring the item back to the CRA with all the details of
the position delineated with specificity. The CRA made it clear that this was a policy matter of
the CRA, and that the idea of the Area funding their own Executive Director was acceptable
based on the presentation provided by the Advisory Board.
On November 4. 2003, the Advisory Board met in regular session. The Advisory Board
unanimously approved the concept of creating the position of Executive Director. which would
,-.. report directly to the CRA and would have a salary range of $60,000-$100,000.
Agenda Item No. 16A 17
June 22, 2004
Page 1 of 8
When considered for fmal approval on March 12, 2004, the CRA emphasized that the Executive
Director's position would direct the daily operations of the Area. Some of the responsibilities of
the position would include the following:
. The development of an annual business plan, budget, and report.
. The creation of redevelopment plans.
. The coordination of amendments to the Land Development Code neeessary to impfement
such plans.
. The writing and administration of grants, executive summaries, and budget amendments.
. The scheduling and organization of all meetings pertaining to the Bayshore/Gateway
Triangle Redevelopment Area.
On March 12, 2004, thc CRA approved the crcation of the Exccutivc Director position and
approved the employment agreement with Mr. D. Aaron Blair as that Executive Director to
conduct the business of the Area. As part of that approval, the CRA charged the Executive
Director with responsibility for implementing the redevelopment planning projects for the Area
and the initiatives of the Advisory Board. Although the employment agreement was approved,
the terms of the agreement did not expressly provide for the status of the position as an approved
county full time equivalent (FIE) employee or not, for the purpose of providing the agreed upon
"employee" benefits, and the funding source for associated costs for support services provided
by County staff and county attorney staff.
FUND 187 FISCAL IMPACT: Given the CRA's creation of the Executive Director's position
for the Area, Fund 187 will no longer be under the control of the County Manager, except as to
the determination of actual costs for support services provided to the Area. Fiscal responsibility
for Fund 187, BayshorelGateway Triangle Redevelopment Fund, will now fall under the direct
oversight of the CRA similar to that of the Airport Authority relationship with the BCC. This
fund must continue to operate as a redevelopment trust fund as mandated by Chapter 163,
Florida Statutes.
GROWTH MANAGEMENT IMPACT: Not applicable.
,-'
STAFF RECOMMENDATION: Staff recommends that the BCC approve the following
proposals.
. The Executive Director of the Area reports directly to the CRA and is not a Collier
County employee under the direct supervision of the County Manager.
. The CRA is a separatc, distinct entity that has its own board of directors for what in cffcct
are two ~'Pecial districts (Bayshore/Gateway Triangle and Immokalee);
. Collier County will continue to providc human resources and administrative support to
the Area;
. Fund 187, which is funded by Tax Incremcnt Financing (TIP) funds, will rcimbursc
Collier County for such actual support services as determined by the office of
management and budget for said support;
. The position of Executive Director for the Area is not a Collier County employee but
rather is an employee of the CRA. The Executive Director is eligible for county benefits
as provided for in the attached Employment Agreement between the Area's Executive
Director, Mr. D. Aaron Blair and the CRA. These benetits and associated costs will be
budgeted annually for repayment to the appropriate BCC bU~n~~q~~IllEf.A!f9
June 22, 2004
Page 2 of 8
187. The current annual cost for the position are as follows:
Regular Salaries: $60,000.00
Social Security Matching: $4,590.oo/year (7.65% of annual salary)
Retirement (Regular): $4,434.00/year (7.39% of annual salary)
Insurance Costs: Health $13,263.60/year (employer + employee cost); Dental
$924.72/year (employer + employee cost)
Life Insurance: $460.80/year (employer cost)
Workers Compensation: $3901year (employer cost)
. The eRA as a separate entity must request that the Florida Retirement System (FRS)
cre;,~.' a position for its new employee in order for Fund 187 to fund the Executive
Dir,uor's retirement benefits; and
. Mr. Aaron Blair effectively terminated his employment with Collier County on April 5,
2(:~L: and simultaneously entered into an employment agreement with the CRA effective
Arn1 5,2004.
. TInt the appropriate indirect assessment for the costs of the administrative support will
bcr;,.:;cssed annually by the Budget Director and will be identificd as an intcgral part of
th, 1; i mal budget preparation process.
. Tl- ,L the Exccutivc Director assume total control over all funding associated with the
management of the Bayshore/Gateway Triangle CRA and in doing so be responsible for
presenting the annual budget to the Board during the annual Budget workshop and
subsequent budget approval process.
-,
Agenda Item No. 16A 17
June 22, 2004
Page 3 of 8
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSiONERS
='3A17
To c;anfy the operat:cnal :-e!ationship tleiween the Board of County
Comml;;s;cners of Co:l!i:r COClClty, Flo!ida a'1d CommUnll'y Redev'3lopmeClt
Agency {CRA) fe.of ~r,(: 8ayshoff:lGate'tUfy Tr:f~n9Ie R!:.j~ve!opment An:~a tArea).
ei22i2004 9:()():()G AM
Prepared By
n~"rla:: J. en!>""
CoO~munlt~ Ot),,"~l!)~~~nt &
En";rcnm{o~t.al St):v:CC5-
C:~mmuinty f:c:.nnlng 1tnd
R.t:c:ev~~lo;>ment Mclnagsr
!!ie:211!M 2:':6:45 PM
C!):":,:p:,,p.h~msh(fJ :):~nning
S::tndr3 lo:Cl
Oall,
Approved By
C(p.~~muni1y Ot}vel-c.~.~llt &.
En'/:,onm(."t?1 5"",1"",
Ex~.:lith:& Sec!e1G(y
C"'!{!~-nul'"!lty Ot}Yel<tpr[,.~nt &
E:,~v(l'cnm{l..~~l $l'):",..d~~'$. l"dm:r.:
;i1H20114 ':~.57 MJI
l.<'" Gold~n "'lev
Ad:r::r:J$1n~tly-> $.,r\'i!"..(u~: Adm~r-:stv>tl)r
lJai"
Approved By
Ad::;jni&:"3iive $.el"'IH;1lS
Ad..,,:;p.s!!'ilJtive ~:e1".d~~ Adm:n.
$111.,?(I<3-411:(l1.t..M
Approved By
Stan U!~ing8r
C!)mmunlty O~n;~I!)n~ent &,
En'.(;!cnm~~rol Sl:!:vk."a:!:
Com;""""n$;"" P'",.,.lng DI....c:tnr
~at..
Comprehen~:vf: ::>:~nr.ing
i:i1117.!t(14 11 ;"4 AM
Approved By
OP"''lltiu"" A""ty~t
0"\,,
CO::$t.ance A. Johnsen
C<>mmunity O...elo<>m"nt &
Erl'l.,onm<-"t>1 S",vice~
C!)mmunit)" Oe-';lijlonment .&
E:wlronm.."!,],1 S",v;cc!'> Adm.",
!!i1':I:I!!(l44:39PM
Approved By
.:01ieptl K. .sch:t.:tt
C"",,,,unfly Dewlup:::..nt is.
Er~v:ronm&:::31 SC:l!'v;(:es
Community ;:""elopm,,"t is.
e~irormn~::t..t S~!"vkes Admh~strato:-
Oat..
Cu::,::m,mity Oevcl;J:?:,::cml &.
E!'!virot"!nltm:ai Ser/l(~s Adlni::.
$114i1.(I<3-4 4;~$ PM
Pat lllh"h3rc
Ad!'!'!!nis::-ative Ass!&mnt
Oat"
Approved By
Com,;y M"nager's Office
Offlr.l! of M>I'ag"m<<m o!. El:Jdg<lt
i:i1SI2!t(14 3;57 AM
MarK l.~aCU15!:m
aud;e! "'n~iy,,'
naie
Approved By
C=my Mallaij<lr'" omc..
OffiC1l of M4~Q..",..nt & e:.lUij<l'
~15i2(1M !I;"~ AM
Mich",,1 S",yk"~kl
MllnaSie'n~~t &. euciscet D;:.~ct.cn
oala
Approved By
C.wf!ty Man{ig~~r"s Offj(,~)
ome<- <>1 ManGg<-ml>"t & Sudg.,t
$115i2904 ':0;21 AM
Approved By
Jam<=!; V, Mtt"cl
B;,>aru of Cuunty
C(lrnmisst(lm~r~
C",,,Rty Man3g<-"
Datlis
C"~m:y Mltnag"r's om.....
6i15i2(1M ~:~o PM
Patr'l;k G Wi'<lt"
^'>Ilistant C;o:Jmy A1tw""y
Oat<<
Approved By
C!Y...:n!y Mana~er"$ Cltticft
C;o'.my MIG,n"y Office
ei1l:2IlM'::l;1l:IF'M
Uum~n f(esOUTC':M I):racto.r
;:ai..
Approved By
";ean Meor:t!
A;Jmlni~-!f:ltivtl Sl:1I"Y:",~
Human R.la~OlJ!"~s
6i!ll10041.!l9 PM
Agenda Item No. 16A17
June 22, 2004
Page 4 of 8
06/14/2004 10:52
2397754456
BAYSHJRE/GATEWAV CRA
PAGE 02
EMPLOYMENTAGREEMENTBET~EN
D. AARON BLAIR AND THE BOARD OF THE
COLLIER COUNTY COMMUNITY REDEVLOPMENT AGENCY
THIS AGREEMENT is made and entered into this _ day of , 2004,
by and between the Board of the Collier County Community Redevelopment Agency {the
"CRA Board." and D. Aaron Blair, Executive Director, collectively, the "Parties."
In consideration of the mutual covenants herein contained, the Parties do agree as
follows:
1. APPOINTMENT OF THE BA YSHORElGATEW A Y TRlANGLE
REDEVELOPMENT AREA EXECUTIVE DIRECTOR: Pursuant to an
action taken by the CRA Board at its meeting on March 12,2004, Mr. D.
Aaron Blair was selected to be the Executive Director ("Director") of the
BayshorelGaleway Triangle Redevelopment Area ("BayshorelGatewny
CRA"), beginning AprilS, 2004.
2. DUTIES: The Director shall perform the functions and duties typical of a
person in the position of a Director of a Community Redevelopment
Agency.
a. Director shall act as the Chief Administrative Officer of the
BayshorelGateway CRA. reporting to and responsible to the CRA
Board and be responsible for the day-to-day implementation of
Bayshore/Gateway CRA programs and activities including
BayshorelGateway CRA staff selection and supervision.
b. Director shall devote full time efforts to the Bayshore/Gateway
CRA and its mission.
c. Director shall perform such other associated and legally required
duties and functions. as the CRA Board and
Bayshore/Gateway Triangle CRA Area Advisory Board
shall direct.
d. Director agrees to perfonn all such functions and duties, faithfully.
competently. professionally and promptly to the best of Director's
ability.
3. RESIGNATION: In the event Director voluntarily resigns his position
with the CRA Board, then Director shall give the CRA Board thirty (30)
days written notice in advance, unless the Parties agree to waive such
notice requirement.
4. SEVERANCE TERMS AND CONDITIONS: In the event Director is
tenninated by eRA Board without cause, CRA Board agrees to pay
Director an amount equal to six (6) months of Director's base salary
Page I of3
Agenda Item No. 16A 17
June 22, 2004
Page 5 of 8
06/14/2004 10:52
2397754456
BAYSHORE/GATEWAV CRA
PAGE 63
except that for the first year of this Agreement. upon ternlination, with or
without cause, the CRA Board agrees to pay Director an amount equal to
thirty (30) days of Director's base salary.
5. ANNUAL BASE SALARY: Director shall be paid for his services
rendered pursuant hereto at the rate of Sixty Tbousand Dollars ($60,000)
per year, payable in bi-weekly installments on the same dates as
professional employees of Collier County Government are paid.
6. PERFORMANCE EVALUATION: The CRA Board agrees to review and
evaluate tbe performance of the Director quarterly within the first year of
service. After one year of employment the CRA Board agrees to review
and evaluate the performance of the Director on an annual basis prior to
the Bayshore/Gateway Triangle CRA Area budget adoption. CRA Board
shall provide Director with a written summary statemcnt of the findings of
the CRA Board and provide adequate opportunity for Director to discuss
his evaluation with the eRA Board. Based upon said review and
performance evaluation, Director's annual base salary may be adjusted in
an amendment to this Agreement approved by the CRA Board and
Director.
7. BENEFIT PACKAGE: CRA Board agrees to provide comprehensive
benefit package for Director equal to that which is currently provided to
professional personnel of Collier County Government.
8. SICK. VACATION. PERSONAL AND HOLIDAY LEAVE: Director
shall accrue sick, vacation, personal and holiday leave at the same
frequency and with the same carryover and other limitations, if any, as
currently provided to professional persOIUlel under Collier County
Government's Pay Plan. Director will receive a payout for all accrued but
unused sick. vacation, personal, and holiday leave a\ the termination of
employment.
9. DUES AND SUBSCRIPTIONS: CRA Board agrees to pay for the
reasonable and customary professional dues and subscriptions of Director
necessary for his continued professional participation, growth and
advancement, including national and state professional organizations.
10. PROFESSIONAL DEVELOPMENT: CRA Board agrees to pay the
reasonable and customary travel and subsistence expenses (in accordance
with applicable Florida law). for Director and his staff's \ravel and
attendance at any meetings and conferences, which the CRA Board shall
approve.
II. AUTOMOBILE: Director shall receive an automobile mileage
reimbursement of$0.38 a mile, payable at the end of each month.
Page 2 of3
Agenda Item No. 16A 17
June 22, 2004
Page 6 of 8
06/14/2004 10:52
2397754456
BA~/GATEWAY CRA
PAGE 134
12. GENERAL PROVISIONS:
a. The provisions of this Agreement constitute the entire
understanding between the parties. Only the representations and
underslandings contained herein shall be binding upon the eRA
Board and the Director. No other representations or understandings
are binding on the eRA Board and the Director unless contained in
a subsequent, duly adopted and executed written Amendment to
this Agreement.
b. This Agreement shall be construed and administered in accordance
with Florida and any other applicable law.
c. For reference purposes only, the attached Exhibit A, Budget for
Personnel. Operating. and Capital Expenses Relating to
BayshoreJGateway Triangle CRA Executive Director-FUND 187,
is incorporated as part of this Agreement.
1:3. SEVERABILITY: Should any provision of the Agreement be declared by
a court of competent jurisdiction to be invalid, the same shall not effect
lhe validity of the Agreement as a whole, or any part thereof, other than
the pan declared to be valid.
14. EFFECTIVE DATE OF TIllS AGREEMENT: This Agreement shall
become effective upon execution.
IN WITNESS WHEREOF, the Collier County Community Redevelopment
Agency, County of Collier, State of Florida. has caused this Agreement to be signed and
executed on its behalf by its Chaimlan and duly attested to by its Clerk, and the Director
has signed and executed this Agreement, lhat day and year first written.
b
. ......,...""'~'\~
A'TIES.r..',:' . RG"<,;, " \",
.I"\.. ill...'. ~. -. .." . : I
D~f~t.e;j3Rot~LERK
.;. ,.., :- ~'.'.',,~,"~'-.- \-.:. -.f ~..~.. '1,
f." . ,".1 ....:;.. f .,r" ,
. . : . I . '.~. . " G. BY:
~ ~; ." ','0. ~ Clerk
,. -. '. ; .14..::.:.1.... . '.
..~,..lIr.t" as' ''-'1)111 CS
,,1I',l,oe'..... ". . .''.ti~.~\'' ,.- . . ,')
~.~~p:Df'.an5L' .
legat 'S;1}'ffi"14J~Y! . . .' . ,'~ '.
\--: .. :"<:~ ~;; ~:.:.~ :. ';:. '
\ ' .... \., 1 i '. ~ . H'
<\.)/;"1 -', ~. ," ',}\.' . "
Patrick G. White,
Assistant County Attorney
Y
DEVELOPMEVT A_GENCY
~~,,-IIC.'" ~~.
A FIALA, CHAIRMAi'l"
AGREED TO AND ACCEPTED
BY THE EXCEUTIVE DIRECTOR
~-~'. r I
1 -. .~;6 J"-/o.!t
D. ron Blair
'Page.3 of 3
Agenda Item No. 16A17
June 22, 2004
Page 7 of 8
06/14/2004 10:52
2397754456
BAY5HDRE/GATEWAY ORA
PAGE 05
EXlI1BIT ,\
Budget for P~noDn~l. Operating. Rod Capital Expenses Relating to UayshoreJGateway Triangle eRA Executive l)jr~ctor-FllNO 1117
~ BY position Breakdown of Baysbore/Gatewav Triant!le CRA Executive Dire4:tor
Positioa C.urreal
fJ!!uI Ealll~ Ii.!!! ill Salan; ~ Relinlnnt H~"b Life ~
1117 nayshoreJOateway T~ eRA EXftUlM Director 1.00 J60.000 S4.S90 S5.568 ",319 S28$ SUOO
To/lllos: 1.0() $60JItIO S4.5" SS.568 S'.37' S18~ ~lI.!>IIO
;Bud~et Items
Penonl ServkCl
2!!i !l.I!!. Rudul Amnunl
~'2'OO IU;OULAR SALARIES S60,OOO
5 11100 OTHt;R S^LARIF_'i AND WAGES SO
S14100 OVERTIMl! SO
518100 TERMINATION PAV SO
"9100 RESERVE fOR SAlAKY ADJUSTMENT SO
S21100 S<.x:IAL SECURITY MATCHING $4,590
522100 Rf:TIR~MENT-REGULAR 55.56!
5231 so HEALTH INS\JRANCF. S9,:l79
523160 LlFF. INSURANCE S285
: 524100 WORKER'S COMPENSATION - REGULAR S l.soo
Tolal r~rsonal Senrit<es SlII,.J12
IOpcnIlD& E.pc""~
W!.i 1l!k Dud2rt Amallnt
I 640300 OUT OF L'UmITY TRA VEt.. -I'ROfESSIONAI. DEVl;l( $6,000 lravellnclucling milellle, hOlels
, 640200 TRA VEt. S~.soo .31 per mile- Pcnonal car usa. .llowance
, 641700 (;I.;LUlLAR TEI.F.PHaNE S 1.200 'c~1 phone fnr Iix Oir
6~1950 MINOR DATA PROCESSING EQUIPMENT 51.000 Cable&: L>SLComf'V1I:rConmclmn
641900 TELEPHONE SYSTEM S I ,000 phone. sClUp and ~uppor1
: 6<13100 EI.ECTlUCITY $2.000
643400 WATER It. SEWER SSM
MIl/SO POSTAGE. FRElGIH '" UPS S 1.000 shippins
6419SO REm It CAM -OFFIO: S1~.300 I!xecUlivI> Manop'r. Ful"", Suppan. Confercnec Room
&45100 INSURANCE - OE Nf:RAL. $2.000 liability in,un""c
(046710 OffiCE EOIIIPMENT Rcl:M S~OO office equlp"",nl main. CDawelS
646910 OAT A I'IlOCE.")SlNG l'QUIPMENT R&M S2tKl romrulcr RIld lcch equip mainl <XlIlIl1leIS
647110 PlUNllNO &: Oil BINDING . O~IDE VENDORS S~OO ",iDling
651110 OFfICf. S\J1'f't.1ES - GENI:RAl $3.1100 paper. loncJ. p.eneral sUlII'lies
6"210 COPYINU CHAROES $ 1.000 llUllIide larCCr scale pnxlv..."\ion CUf>)'in&
651910 MINOR OFFICI! EQ\nPMENT S2.000 minor equipmenl
652920 COMPUTERSOFnWARE 51.000 minor software
652990 OTHW\ OPERATING SUJ>l>UES ss.n.
To\lll ODe...1in! Esptnses $43.171
Capital Esprns"
!!!li 1!!!l tkwel Amo".1
764360 OFFICE I:QUlPMENT 52.5011 dililBl camera. flL"l. CtI1'Y moehisle. de
I 764900 DArA I'R.OCESSING EQUIPMEJorr $2,000 I C.ompulef' l>ell
I OFFICE SIGN AGE SI.oOO fronl \\;nolo", ond do..r
'fo1.1 Canl.., Elpr.ses S5..WO
I
ICost Center Tolal
$130,000 I
Agenda Item No. 16A17
June 22, 2004
Page 8 of 8
,,-.
EXECUTIVE SUMMARY
Recommendation to establish a "NO PARKING" zone along the southern right-of-way of
Calusa Avenue for the section from Airport Road to 238 feet west of Airport Road and
along the northern right-of-way section from the property line located 104 feet west of
Airport Road to 238 fect west of the Airport Road, at a cost of $600.
OBJEcrIVE: Approval of a Resolution to establish "No Parking" zones along the rights-
of-way of Calusa Avenue as described: along lhe soumern right-of-way of Calusa Avenue
for the section from Airport Road to 238 feet west of Airport Road and along me northern
right-of-way section from the property line located 104 feet west of Airport Road to 238 feet
west of the property line
CONSIDERA nONS: Upon the request of Code Enforcement that a parking prohibition be
established along Calusa Avenue, personnel from Traffic Operations investigated the site and
found parking along the right-of-way of Calusa Avenue is causing sight distance problems
for drivers exiting a commercial driveway on me south side of Calusa Avenue. Additionally,
parked vehicles are damaging the swale in front of private homes. Often the vehicles parking
along the southern right-of-way are parked against the flow of traffic.
,-
It is deemed in the best interest of local residents, businesses, and Collier County to prohibit
parking along Calusa Avenue, as described above, providing safer roadway conditions for
Collier County drivers.
FISCAL IMPACT: The estimated cost of installation for the six necessary "No Parking"
signs is $600.00; for which, funds are available in Transportation Services (101).
GROWTH MANAGEMENT IMPACf: None
RECOMMENDATION: That the Board approve the attached Resolution and direct me
Traffic Operations Section to install the appropriate signing.
,--..
Agenda Item No. 16B 1
June 22, 2004
Page 1 of 4
,."'.,.,.....,."..,,\..'""''<l____......,....,'"~..
COLLIER COUNTY
BOARD OF COUNTY COMMISSiONERS
,-
Item Number
1681
Item Summary
R<;commencati,)'l to "'f;labH~h a "NO PARK:NG" :t,n<, along lhe SClltl1em right-
of'W~1 of Caiusa Avenue for tl1e s~-ction from Ai,,?ort Rcad 10 238 fe.~! wesl of
Airport Read and 3:ong Ihe northern right-cf-W3Y $"dion fror':': the proper.f Ene
It'lCatad 104 fae! war;t !,f Airport Road to 238 1....1 wast olth.. A'rp!J1 R,""I. a; a
~lst of $600.
Meeting Date
6122i20G4 9:00.00 AM
Prepared By
!ii2Si2004 3:43:55
Nancy F~.ya
EnSiin~(or!~~ Tt}ch:~:c!at~
Pill
T''allS;>o:t'Oll SCry:cu
T''aftit: Op<>ra!l"nsl A TM
Approved By
J"ffKI"lld<"",
Ass lslllnt Co,.m:y AU,,'!!"y
O"t<>
C..xmty Manager's Office
Co;.mty Attorn.:y Offl<.:
!li2SIZOll4 ~,Z4 1>1<'1
Approved By
Robert W. Tiplen, !>.E.
Co"nty Trafi:e opera;:o"s Engln<.'.,.,
Date
Tr:fn"-portll>n Service..
Tr:ffflc O>*r~f.l)I'...1 A.TM
SI7.5;~()<14 :.,0$ PM
Approved By
S;;rb;;r;; l"Ple~
Manali"men!J9IJdllel A.I'"ly:<rt
Om"
Tran$~:iion $~rJ:Cu
Transp<>rmtlo" OperntiC:rl~
5i?'W!ll>4 2;5: PM
Approved By
PO)Ill"laWilsOll
Admlnlsl:'l>tiv" k<!';;~1>lnt
0,,1<>
Tran!';~.{'ortiGn s.,N;'~es
Traffic Opera!:cl'lsi ATM
!li27i20114 2:51 1>1<'1
Approved By
Norm E. fecer, AICP
Tral'l!';f,I<>rt3tl<>n Oiv;~ion Admlnistra!or
Dale
Tr:fn"-port!l>n Ser>1cM
TAI"~;>Ortation Serv:C".e:s Adm=f'\.
611.".;:G<14 .; :f&} PM
Approved By
Pat lehl'lharci
Adm;I'I,,-;rative Ass:"lant
tl:rtfl
C!)O..~ M..natl"r'.. ~)ffiee
Off'c... c:f P/l"''''{l"m..,,: & EllJd{let
el1112!1M 4;49 N,'
Approved By
Mlc;hl>C1 $m,kowsi<!
Manflgeme"l .9. Bu<!Q"'t O;",ctor
Olll"
CO'.m!y Molnage!'s Office
Offl~e ef Manallemr.nt 3. Budget
i;i'l1120114 12:J1 PM
Approved By
Jam.:s V. Mudd
County Ma'1"ller
!Jate
Boai'd of County
Cllmml~loMN;
Co..nty PJlanag<>y'jl Offi<:<>
6114i2!}(J4 1:<.45 Pill
Approved By
Olan<> a F;'ll~~
Traffic Opvr..llc;n" l>nd A!l Tra!'!,.
Moee!'; Oirecl<>r
00)10)
Tr"nll'pvrti(m S""'/!;;FJS
Tmfflc OJ)l'lrll;;CrlSI ATM
,,1r:..'2!lil4 ,;,.111 AM
Approved By
Ulan.. P"""'jm..,.
EXllClSll...",Secrtrta'1l
Oat..
Tf3rt~~!"ti(J.n .Se!"Y:c-es
T rau!=ifJ<)!"tatj()(1 3(:t'v;c~s Adm:n.
i;i4'21144 2.:;5 p~~
Agenda Item No. 1681
June 22. 2004
Page 2 of 4
~;:..t~.:,.,,-,1t~~""~f',.~'"
...... ... .I'~1 .~';'...J'~#f4~ ~;.~...~
1i'I't;l.;jf#-
.Map Output
......,:"-,.
Page 1 of 1
. ~
~
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"
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., .
:~
~:~
l~~':
i .(;':"r~
,
. ~
Agenda Item No. 1681
June 22, 2004
Page 4 of 4
</1 RnOl\d.
. __~___ ..,_-=___,,~__.:_...1\..T__...-,........~ ,.I...O';CY
I____t_..,___~_ ---
-
EXECUTIVESU~ARY
Recommendation to approve a Purchase Agreement to acquire a 1.14 acre residential
property, a portion of which is required for the widening of Vanderbilt Beach Road.
(Project No. 63051). Fiscal Impact: Not to exceed $275,000.
OBJECTIVE: To obtain the Board of County Commissioners approval to purchase land, a
portion of which is rcquircd for the Vanderbilt Beach Road Expansion Project.
CONSIDERA'FIONS: On November 5, 2002, the Board of County Commissioners
approved Resolution No. 2002-463 authorizing the acquisition by gift or purchase of right-
of-way and stormwater retention sites in fee simple title, as well as perpetual, non-exclusive
road right-of-way, drainage and/or utility casements, and temporary easement interests
required for the Vanderbilt Beach Road Expansion Project, Project No. 63051. .
On June 24, 2003, the Board of County Commissioners approved Resolution No. 2003-231
authorizing the condemnation of fee simple title interests and/or those perpetual or temporary
easements required for the Vanderbilt Beach Road Expansion Project, Project No. 63051.
,.-
The subject property, legally described as the North 75 feet of Tract 106, Golden Gate
Estates, Unit No.2, is a legal, non-conforming, 1.14 acre Estates lot on which a single family
residence is located. Its driveway is located approximately 460 feet south of the existing
two-lane Vanderbilt Beach Road. After the proposed roadway intersection improvements are
completed, the driveway will be a mere 250 feet from the free-flowing eastbound-to-
southbound turn lane at the intersection, making ingress and egress to and from the property
unsafe both for the resident and for motorists. Furthermore, the driveway would be located
at the exact spot where the taper begins for the turn lane from Collier Boulevard onto 7th
Avenue N.W.
The County originally planned to purchase only a 0.12 acre right-of-way parcel from
property. However, the project engineers determined that the problematic access condition
could be eliminated if the County were to purchase the entire property.
The remainder of the property (beyond the required right-of-way) would be suitable for a
construction offiee and for materials and equipment storage during the period of eonstruction
for both the Vanderbilt Beach Road and the Collier Boulevard widening. Upon completion
of construction, the property might be auctioned for assemblage with one or more of the
neighboring properties.
..-.-
FISCAL IMPACT: The sum of this acquisition and all costs associated with it will not
exceed $275,000 inclusive of all land and improvements being purchased along with
miscellaneous expenses such as title company fees and insurance, recording fees, and
attorney and expert fees. Source of funds are Gas Taxes and Impact Fees.
Agenda Item No. 1682
June 22, 2004
Page 1 of 9
GROWTH MANAGEMENT IMPACf: As the expansion of Vanderbilt Beach Road to
six lanes from Airport-Pulling Road to Logan Boulevard and four lanes to Collier Boulevard
is identified as Capital Improvement Element No. 24 within the County's Growth
Management Plan, the recommendation is consistent with the County's long range planning
effort.
RECOMMENDATION: That the Board of County Commissioners of Collier County,
Florida:
1. Approve the attached Purchase Agreement and authorize its Chairman to execute same
on behalf of the Board;
2. Authorize the payment of all costs and expenses necessary to close the transaction; and
3. Approve any budget amendments necessary to implement the collective will of the
Board.
.-
",-
Agenda Item No. 1682
June.22, 2004
Page 2 of 9
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMM!SS:ONERS
16B2
B.ocommenci~tk)n tQ apf."of'OV6 a F';Ji(:~iase l\grBB:nBP~ trj (;'.cq~:re a ":. 1,{~ aGre
r-3s:der.tia! ~.roJp'3rty, a pc.ftton ot 'tll1;ch :s ,eqw,re,j f.:.r It-t''3 \.v:dening c.t VanderbHt
Bcac~, Road. (Project 63051) F:scal :~l"act. l'iClI In exC',,,,1 $::75,GGG.
€i22i2004 9:00:C.o AM
Prepared By
';~rtnifoF:r H~p6 Brac:<
T;.m"';>o:tlon 5e:,>~CM
Senl", f'rl'm"'rty Acqu;",lti"n $p;;<;j,,:i.t
5;<:eI2!!(l4 S:4a:OS
PM
TEeM.ROW
Approved By
Oa~~
A::fJ:l R.. "y'1~. P (;
Trans::;.--:-!1ion S<::r"';o:es
$"}ninr Pr~;vcl Man~g~r
Tra"',P<I<l3ti<S<l Enll:Me';"Q a::d
C(UH..t.uct:oj1O
fii2?'2t'l(M a: !Xl AM
S.h3f()~ Noii:w:nan
Oata
Approved By
Trt):n~?O;1.iun Sl:'!:V:CfdS
A...."'Counti:'l{l SU~~(VhC;;QT
Tra!"'!spil;-tcltkm Adtnlnba.ra.::or:
.i1:2oo4 ~:41 AM
~J~~rn E. F~d~:'. A;~P
8~ic:
Approved By
Tr3.n~::.-=-(ticn S<Sf'l;':c-S
Tl'~r.s;'>i):t.ati;.m Oi'}::iliI{J(l AGmi~~~::'::(~~!l'
T{3r.~~<Vt...1tkH1 .s~(V;.::t'S A.d::~:r:,
UIOi2t'l04 3:4, PM
Approved By
Date
D:an~ fJ{'r~ym~n
Tr;J.n~!>O:1lon 5eN!(,,~~
Ex~,: utj'\'~ Sec'!"c1Gry
Tr;J.f\~po:"f;)tjon SP.:Y:(,R~ Adm;f\,
6;1: ;"aM' 1~ Q AM
l);:jt L~:-:r:harri
O,,\e
Approved By
C-!;).'.:~!y M",rH5g~r"S Offie&
'\d;;;;.;I~;,.stjve': ~,.$i;~;st;sflt
Ofi:c~ of M"".j;I~m."'( '" S~d~"t
.i1~i20(;4 4:S; I'M
Approved By
Sus.a:: Us::er
G,x::::y M~I1"ger's Office
SClll,;>T M.m:S'Q:~tlU;:I~'i::5ud<J~:H A~d'ir-:s-{
,).l~
Oft;t..:& cf Maf~agsm<::(rt & 8~jg~:
UI1;2~04 ;:!)J PM
,-\'pproved By
Daa~
Mi.;hael Smykow':;.;';'i
C{l;;;;~y. M.anagiOJ'r'5 Offl<-o:}
M"ln.a.gem<::!'"!t & Budget Dj:e~:c:-
Off:CX'- .}f M.:u~ag('m~m & ~i.,i1~_:f.
6i1:\i"CM ~: O~ PM
oa\a
Approved By
J~mw V. Mudd
aMra <>, County
Ca;;;mi!isionvO$
Ca"ll'~}f M.anagvf
CD;Jn:y Md:t~aggr~s Office
~iI4i2t'l04 Ufi PM
Approved By
Oa1.e
Kav::1 H1!:1rl:"ics.~
Tra.n~~v;-ti(ln Sel""',:.;jt}~
R;s;.~;. Of "'J~~I Ac.quisiti<'hl M...;(o~..:
rrn.n.spaM:atiol1 :E:ng;l1lij~rj;~g .~:1':;
(;i)ns.t;ui:~km
~;"..?fj(t~ ':2:$ PM
Approved By
Gregg R. S:r"k31;.1~f}
Tr-lru;~o:1lf)n 5ef\,~!ce,
Tr~f\g;>nrt.atln:1 ::nt1:~e.erir:q;
COfl!i'i.:"U{",'!:o!': Mg:;:t DI:'tH.~~i}:
0~~t~
T 14n~P'!'J:"t3ti!):1 ::ng:neerinij 00..;:':
C!)fl!it!'ud:o~
6i9i20().$ '0: 1* A:.j
Agenda Item No, 1682
June 22, 2004
Page .3 of 9
PROJECT: Vanderbilt Beach Road
PARCEL: Pierce Parcel 186
FOLIO No: 36666480009
PURCHASE AGREEMENT
THIS PURCHASE AGR~EMENT (herei~fter referred to as the "Agreement") is
made and entered into this ~ day of --! u t"ll..- , 2004, by and between
ROBERT C. PIERCE, JR. and KATHLEEN T. PIERCE, husband and wife, as joint
tenants with rights of survivorship (hereinafter referred to as "Owner"), whose address
is P.O. Box 1372, Marco Island, Florida 34146, and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns (hereinafter referred to
as "Purchaser");
WHEREAS, Purchaser desires a fee estate in that land described as the North 75
feet of Tract 1 06, Golden Gate Estates, Unit No.2, according to the plat thereof,
recorded in Plat Book 4. at Pages 75 and 76, Public Records of Collier County, Florida
in Exhibit "A" (hereinafter referred to as the "Property"), made a part of this Agreement;
and
WHEREAS, The parties acknowledge that a portion of the Property described in
Exhibit "B" is the subject of an eminent domain action entitled Collier County v. Patrick
J. Murphy et al. Case No. 03-5270; and
WHEREAS, The parties agree that any money deposited in the Court registry in
the case of Collier County v. Patrick J. Murphy, et al. shall be returned to Collier County
after closing of the Property described in 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; and
WHEREAS. It is the intent of the Owners to perform an Internal Revenue Service
Code Section 1031 tax deferred exchange by trading the property herein with Starker
Services, Inc. Purchaser agrees to execute an Assignment Agreement at the request
of the Owner at no additional cost or liability to Purchaser.
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 incorporated herein by reference.
2. Owner shall convey the Property to Purchaser for the sum of $250,000.00
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.
3. Expert fees shall be paid by Purchaser to the designated firms in the following
amounts: Gaylord Merlin Ludovici Diaz and Bain - $8,500.00; Calhoun, Collister
& Parham, Inc. - $7,000.00; Mesimer & Associates - $3,650.00. This shall
constitute the expert fees to be paid in their entirety for the expenses of the Seller
in connection with conveyance of said Property to Purchaser, including all
attorney's 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 $269,150.00 to American Government Services Corporation. as
settlement agent for the disbursement of proceeds incident t<A~ciQldtalll No. 1682
June 22, 2004
Page 4 of 9
Purchase Agreement
Page 2
conveyance of the Property. American Government Services Corporation will
issue Owner's settlement funds and expert fees via cashier check.
4. 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.
5. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within forty-five business (45) 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.
6. 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.
7. 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
Commi3sioners of Collier County, Florida.
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, unless Property is under threat of
condemnation, whereby no documentary taxes shall be due and payable. A
portion of the property is under threat of condemnation and that portion is
therefore exempt from payment of Documentary Stamps under the Florida
Statutes. The portion of property not under threat of condemnation is subject to
documentary stamp tax.
9. Except as provided herein. this Agreement may not be assigned.
10. This Agreement and the tenns 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 Chal}l.~8lWjaFf~M No. 1682
June 22, 2004
Page 5 of 9
Purchase Agreement
Page 3
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.)
12. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WEREOF, the parties hereto have executed this Agreement on
this ~ day of _Ju.1..L ,2004.
Property acquisition approved by BCC pursuant to Resolution No. 2002-463, dated
November 5, 2002.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
DONNA FIALA. Chairman
Agenda Item No. 1682
June 22, 2004
Page 6 of 9
,
Purchase Agreement
Page 4
AS TO OWNER:
DATED: ':y. a ~ (}..j
J{'~(0'_' ~ Cl.OcA./l-
Witness (Signature)
:a ~
.c:L:' ,,.I- r; "-
l ~~ ,""t. ----..
ROBERT C. PIERCE
All C I (^ ~{C h \ I d ')
Name (Print or Type)
c/Yvt ~~
Witness (Signature)
6,
{~ .
6z~~
C V t f"'C:~
"'~;';:~"'" ramie R. Paccione
{~"6''r~C4~miSsion # 00285109
,~.~-:#: EIPII'ts: lInt 26. 2008
'"I'oo'f.-<l"':l II...."'" T~",
Illtl"\,',,'" A!11f11.lc Bon~di"1II Co. _,
:~/r'." l~'
VV\ ~ .U(-{.e LLP
Name (Print or Type)
AS TO OWNER:
DATED: S.. -:i.S' [}..\
/ CU ,\A~(\, ~fV\ C~J oL
CWfmess (Signature)
..~,? UJe :
.'. ( ~7f-./' ~
o HLEEN T. PIERCE
( . R. P .
\ ~~\\\";'::t".... Tamie aCClone
/j:~,bf'~-~C4mmission' 00285109
~~:..~..~l Expires: Jan, 26, 2008
....~:P!.:~dJ........ -'t1."IJ~o;~IZ:~O., Inc.
H-I,( It' ~( Ch\rrG
Name (Print or Type)
c/YV\ l'CN- U-~ 'K, r). v T<<__
Witness (Signature) I )
B, C.(, '{is/ .~
.~-:l;j}'vJ:l!Ji( {t (! L {f} ). ~
m: 0~ tv
Name (Print or Type)
Approved as to form and
legal sufficiency:
"'.; r ,r{.l ) i ~_._--
Heidi F. Ashton
Assistant County Attorney
Agenda Item No. 1682
June .22, 2004
Page 7 of 9
EXHIBIT "An
THE NORTH 75 FEET OF TRACT 106, GOLDEN GATE
ESTATES, UNIT NO.2, ACCORDING TO THE PlAT
THEREOF, RECORDED IN PlAT BOOK 4, PAGE 75.
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
TRACT 106
N
Not to Scale
---1
VANDERBIL T BEACH ROAD
EXISTING 145' ROW
;]0' DRAINACE ...SOdEN T (PlAT}
.--..
....
I.()
01
COlDEN CA TE EST ^ TES
UNIT 2.
PL^f BOOK- 4. PAGE 75
0:::
d3:
'-' 0
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<1:0
>0
w
_I <.:>
3z
mi=
U)
0::5<
LLl w
.:J
o
U
LOT 105
NORTH 75'
Of' LOT 106
PARCEL
186
NORTH 170' or
Tl1E, SClJII1 275'
or LOT 106
(XISTINC
'M:ST
ROW UNE
~1lI..Jj)5~~
or tOT 106
EXISTING 100. EASEMENT
FOR ~a,w, PURPOSES
(PER f'tA T)
LO T 101
.. l!53CJ5t i"AItrA!fO. I 186
WilsOnMiller.""-
..
.......... ...... ~ ...,.,.,............~ . .......... ~
_he.
......"..,......~.......,.,.
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>l:t n, 7CI0Z - U.lJJr~7 M.Pf~\SUR'04n'\.".....cy\n..S12'-"'-4w9
Ff:E SIMPLE
INTEREST
EXHIBIT
(6
I
!I
o 50' 100' 150'
SCALE: 1"=100'
Notes:
1. "!hi" 13 not a survey.
2. Subjecl to easements. reservatian3
and re.trlctlons of record.
J. Easements .~o..n ~ereon ore per plot,
unless athe:rwiso noted.
4. ROW represents P' y~ [ of Wuy_
?i
o
0::
aescripUon~
Bein9 0,. E1Jst 70,00 fed or :h~ r~mlh 75 ful 0'
lot 106. Golden Cot.s E3b~'=:II Ur.i\ 2. occordlnq to
the ~IQt tJ'lerl!Of OS' 1"e!cOf"de1 i,,, Plot 8aok, 4. Paq~
75 of Hit: Public; Rec.crds J1 :oUier County, florid.a.
-.J
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OA'I10 J. YAff.-p;-;r;:;:C'( TH{ ,iR!,I)
ru. we. No-:' ~eJ'1- .'
1."'-(',( (OA',l: Slt;r,':D),
NOT VAIJO Vo1 T);OIJT To:E 'lIO'i'TuRE ~ND .
THE ORICINAL :U.:SC SHI. Of ,i',UiRIDA
LlC(NSEO StJr-tV[VaR A.MJ ..f,,~r:'n~
FOLIO N01.i~"':..:;~.~
""".
COLL.JeR COUNTY 0;::::- AR'TMENT
OF "l'"RA:~'~"':'i-;TA 7 _! J
rt'll.(:
SKETCH AND DE3C!?/PTlON
JA'l:
10(=
~cr 1'fO.. ~-;';"-:;'~N~:
04.2:l-<C~"llJ~ "
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution by the Board of County Commissioners, Collier County,
Florida, authorizing a speed limit change from thirty-five miles per hour (35 MPH) to forty miles
per hour (40 MPH) on Woods Edge Parkway, from US 41 to Vanderbilt Beach Drive, for a
distance of approximately 1.0 mile. The approximate cost is $400.00.
OBJECTIVE: To gain Board approval of a Resolution to change the speed limit on Woods
Edge Parkway at an approximate cost of $400.00.
CONSIDERATIONS: A speed limit study and field evaluation was recently conducted by the
Traffic Operations Department (Attachment 1). Study results and criteria set forth by the Florida
Department of Transportation (FDOT) indicate that a speed limit of 40 MPH on Woods Edge
Parkway is warranted to accommodate the traffic utilizing the roadway. A speed change on the
designated roadway will assist in keeping traffic flowing smoothly in the area.
A total of four (4) new signs will be required to provide adequate notice of posted speed limit to
motorists. County forces will install signage.
,-...
FISCAL IMPACT: The estimated cost of installing the necessary speed limit SIgns IS
approximately $400.00. Funds are available in the Transportation Services Fund (101).
GROWTH MANAGEMENT IMPACf: This action will result in no growth management
impact.
RECOMMENDATION: That the Board approve the Resolution changing the speed limit on
Woods Edge Parkway, authorize the Chairman to execute the Resolution, and authorize staff to
erect the appropriate traffic control signs.
,i............~
Agenda Item No. 1683
June 22, 2004
Page 1 of 4
Item Number
Item Summary
Meeting Date
Approved By
Jeff Klatzkow
County M,1nager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMiSSiONERS
158;1
Recommendati,,1'j to adopt a Resoiut!Gn by the Board of County
CommiSS!"nHrS, CoWer County. Florida, authorizing a speHd limit change from
thirty-five miles per hour (35 MPH) to forty miles per hour (40 MPH) on Woods
Edge Par"-way, from US 41 to Vanderbilt Beach Drive, for a distance of
approximately 1 ,0 mile.
6i22i2004 9:00:00 .A.M
As.sismnt Cul.ll':ty Attomey
Oatu
Count}" Attorney Office
5t2S!2il04 2:12 PM
Approved By
Norm E. fed!;.'. AlCP
T"ansporf.ion S!;rvicws
T"ansr~ortati{)n Divisi"n Adminh;trator
Date
n'am;r~ortati{)n S~rvkes Admin.
6111!20U41:50 PM
Approved By
P;.'lt lehnhard
County Manager's Office
Administrativ!i !llssist..nt
D..te
Office Qf Managemfint 8. Bu_iget
6f1 ii20{l4 4:53 PM
Approved By
Sharon Newman
Trans portion Sf>rviC!:5
Accounting SlJpf>!'Vi~or
Date
Transportation Administration
ti'14i20041:3e PM
Approved By
Mi!:hael Smykowski
County Manager's Office
Man<lg~mej'1t &. Budget Dir.-,dor
Oate
OffiCI! of M,1n<lg~m'-:j'1t & Budg<:t
;'jj1512004 8:19 A.M
Approved By
J~fr.<>l\ V. Ml;dd
S"~H~ of COl;nty
Cmnmisstollers
Gmmty Manager
D~t\l
County Managf>rs Office
tf'15i200412:15 PM
Approved By
Robert W. Tipton, P.E.
TransporUon Servic!i;;
County Tr;.'ltfic Op!:raliof1s Engineer
Date
Tr:affic Operations! ATM
6i4!2{}{l.1 9:14 AM
Approved By
Diane B. Flar,g
Transportic.n Services
Traffic Oper;;tiOtls and Alt Trans
Modes Oimctor
Date
Traffic Ope'r;a:tionsi ATM
"i412U04 9:41 AM
Approved By
Djan~ Perryman
Transportiol'l Services
Executj"r; S~cml.ar1'
Date
Tr,1nsportatjon Saf'..ices Acn~jn.
ul4120il4 4:48 PM
Agenda Item No. 1683
June 22, 2004
Page 2 of 4
~
Attachment 1
Page 1 of 1
Collier County Government Transportation Services Division
TRAFFIC OPERATIONS DEPARTMENT
2705 Horseshoe Drive S.. Naples, Aorida 34104. (239) 774-8192. FAX: (239) 213-5868
MEMORANDUM
Date:
To:
From:
CC:
Subject:
May 21 , 2004
Robert W. Tipton, PE, Traffic Operations Engineer
Steve Yu, PE, Engineer
Dianne Flagg, Interim Traffic Operations Director
Speed Limit Study at Woods Edge Parkway
The speed limit study and field evaluation have been completed for the subject location. The findings and
recommendations are as follows:
1. This is a 4-lane, divided road that runs east and west from US 41 to Vanderbilt Beach Drive and is
approximately one (1) mile in length with a curve close to US 41. The current speed limit is 35 MPH.
2. Two (2) traffic count stations were posted. Station #1 W;:lS on the straight section of the road, and
Station #2 was on the curve. The 24-hour traffic ar.d speed data have been collected for the study
area.
3. Field test drives have been conducted as part of the Stu<:iy.
4. The data collected shows that the 85111 percentile speed at Station #1 was 48.2 MPH for eastbound
traffic and 52.3 MPH for westbound traffic, while the 10 MPH pace speed was 35-45 MPH eastbound
and 40-50 MPH westbound. At Station #2, the 85m percentile speed was 42.7 MPH for eastbound
traffic and 40.6 MPH for westbound traffic, while the 10 MPH pace speed was 30-40 MPH for both
directions.
5. The FOOT document, Speed Zoning for Highways. Roads, and Streets in Florida, states: "A speed
limit should not differ from the 85th percentile speed or upper limit of the 10 mi/h pace by more than 3
mi/h and it shall not be less than 8 mi/h, "(FOOT Marll:,i: j"" "50-010-002, 1997 Edition).
6. Analvsis: The measured 85111 percentile speed of 482 I,,1FI-l eastbound and 52.3 MPH westbound
would result in a speed limit of 45 MPH for the straight seCtX of the road. On the curve section of
the road, the measured 85th percentile speed of 42.7 ~!~DH ??stbound and 40.6 MPH westbound, and
the 10 MPH pace speed of 30-40 MPH, would resuit In ::t 40 MPH speed limit. Since the length of the
road is only one (1) mile, with the straight section medsLl::ng approximately 0.5 mile, a uniform speed
limit of 40 MPH for the whole of Woods Edge Parkway would be appropriate. The field test drives
yield a comfortable travel speed at 40 MPH.
7. Conclusion: Based on the field speed data (85111 percentile speed, 10 MPH pace speed), field test-
drives, and FOOT requirements. staff recommends ehanglng the speed limit from 35 MPH to 40 MPH
for the subject roadway.
Agenda Item No. 1683
June 22,2004
Page 3 of 4
RESOLUTION NO. 2004-__
A RESOLTJTION BY THE BOARD OF COUNTY COMMlSS10NERS, COLLIER
COUNTY. FLORIDA, AUTHORlZlNG A SPEED LIlvllT CHANGE rROM THIRTY-
BYE M.ILES PER HOUR (35 MPH) TO FORTY MILES PER HOUR (40 MPH) ON
WOODS EDGE PARKWAY, }"ROM US 41 TO VANDERBILT BEACH DRIVE, FOR
A DISTANCE OF APPROXlMA"fFL Y LO MlLE.
WHEREAS, Chapter 316, Florida Statutes, permits the Board of ('.oUllty Commissioners iBCC)
to alter established speed litnils on roads under its jurisdiction; and
WHEREAS. Woods Edge Parkway falls under the jurisdiclion of the BCC and has a tllmy-five
miles per houI' (35 MPH) speed limit; and
WHEREAS, in accordance 1I.1th Chapler 316, 1-lorida Statutes, the Bee may alter such existing
speed limits as mAY be appropriate upon the basis of an engineering and traiUc investigation; and
WHEREAS. the results of lbe County's engineering and traffic investigation indicate that
cbanging the speed limit to forty miles per hoUl (40 MPH) is reasonable and sa.f~r under the conditions
found to exist and that it conforms to criteria promulgated by the County and the FLorida Department of
Transportation (FDOT).
NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY C01vIMJSSIONERS
OF COLLIER COUNTY. FLORIDA THAT:
SECTION 1.: The Bee does hereby establish a forty mile& per hour (40 MPH) ~peed limit on Woods
Edge Park\vuy, from US 41 to Vanderbilt Reat:h Drh'e, lOr a distance of approximately 1.0 mile. and
does hereby direct lbe Collier County Traffic Operations J)epart~nl to erect appropriate speed limit
signs giving notice (lJereuf.
SECTION 2: A copy of this Resolution shall be forwarded lu lhe Collier County Sheriffs Office for
proper enfnrcemeol of the established speed limil for Woods Edge Parkway within the designated
se gruents.
SECTION 3: The effectiYe date of the speed limit change shall be after written uutifkalion to the
Sheriffs Office and upon posting of appropriate signage.
day of
This Resolution adopted after molioo, second. and majorily <;ole favoring same this
.2004.
A ITEST:
DWTGlIT E. BROCK, Clerk
BOARD OF COUNTY C01fMISSIONERS
COLLIER COIDITY, FT ,ORillA
BY:
. Deputy Clerk
a~o fOlm and leg.al sufficiency:
HY:
DONNA FIALA. Chairman
Agenda Item No. 1683
June 22, 2004
Page 4 of 4
./,''''-,..,
EXECUTIVE SUMl\1ARY
Recommendation to approve a budget amendment recognizing prior year revenue, additional
current year revenue, and insurance company rcfunds for funds rccovcrcd from vehicle accidents
where County traffic signals and streetlights sustained damages.
OBJECTIVE: To obtain Board approval of a budget amendment recogrnzmg revenues
collected as reimbursements for damages to County traffic signals and streetlights from traffic
accidents.
CONSIDERATIONS: The Traffic Operations Department and the Risk Management
Department have established a process to invoice drivers who cause damage to County traffic
signals andJor strcctlights due to traffic accidents.
One traffic signal system, which was recently hit, will cost in excess of $50,000 to repair. In
order to defray costs to repair traffic signal and streetlight equipment, which has been damaged
due to traffic aecidents, and to prevent budget shortfalls for routine repairs and maintenance of
the traffic signal/streetlight systems, it is necesslll)' to recognize prior year revenues, additional
current year revenues, and insurance company rer'unds.
--
FISCAL IMPACT: A budget amendment is needed to recognize additional revenue in the
amount of $78,214.30 for damagcs to traffic signal and streetlight equipment to date. Funds arc
available in Transportation Services Fund (101) Revenues, and will he moved to the Traffic
Operations operating budget.
GROWTH MANAGEMENT IMPACT: This action will result in no growth management
impact.
RECO:MMENDATION: That the Board recognize prior year revenues, additional curren' "f':1.r
revenue, and insurance company refunds, which represent remittance for damages tl) iy
traffic signals andJor streetlights, and approve the necessary budget amendment in the amount of
$78,214.30 as well as any subsequent budget arnendments recognizing additional 1\. ,. '.l .i r
monies collected for damages to County traffic sipal:> and streetlights.
.-
Agenda Item No 1684
June 22, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
No:", 1:. ;:ecier,h,;CP
T...n~rtlo" Sp.!\,;c"",
COLLIER COUNTY
BOARD OF COUNTY COMMISSiONERS
16B4
F~~mrnendi.~tkVl ~o Cippri.lVa 3. budget 2.r:'1er.dment 'ef.X't(Ji'~:z:ny l,:niil:" Yf:lar
r.3venue, additona; currc-nt ye3r :'Bver':ue and i~5urance ccmpa~,.~ r.r:ft..mds tor
funds ra.:.'Overt1d from vehidt': acc:l.:f:f':ts '..vhc:"e Cc-unty traffic signals arM.1
~tr6f1lllgi1ts s'lfil~nt>d darna<Jf;~.
6:nrz0D4 9'00'01} AM
rl'3"~p(lo"1"tf(l" Oivl"jool-.rJmilli$fra,<>:'
naif!!
'T raro15tJ!J:'tiltinn Sf!rv!C63 Adm;r',
611!li?1l<14 3:51 PM
Oat..
Approved By
Pot Loeh~hat'd
Cu..t!'!tr Man3g.~r's Offi(~}
Au;~:;ni!."tt'atjve- ~lliO:~tant
Qffi"" "r Ma"39~Ill11m &. S"d1;j'}!
O:;:1,i2()(l4 5;(l1 PM
Approved By
Gat"
Mich.l~l S:}:yf.;<tYalski
(;0""<)' "',,"ager$ Offj"e
Man3~.}I11~m. &: S\.l.j~.~t D;!'~(t':-r
Off.~.., of M<>"agem"", & "",;get
fid?12(1(l41;42 PM
D;}i"
Approved By
Sh3..rc~ N~Wm;'~
iroNs~:1'ion :>p.:,vkft.3
t\.r-"c(llIl1~1'19 S:"IP{-rvi51)f
1',on!i~!)rtatir.1:1 At:fm;:"1:str~!i~r.
el14;?Il<14 ~ :~S I'M
J~t't'l~ V. Mudd
:JaiC!
Approved By
!l"'~r<i <>! ;;ouNty
C.;,)~::n,is.sh;m~;'S
(;"""']1 Ma""il'"
C",mry M""ager$ OffirR.
fii-l.$i2(104 3;M PM
Approved By
D:"np. :3. F;agg
T(an~,:-:oo!1ian S<=:~";.:t)s
l' r6r~.;c Op':;;I..;';Gm1i ~r.d A:! ":":'Zl~::<
Mo<ks!l nj!'~d!):"
Oate
Trarf:c O;>&ra::cnsi A TM
~i4!2uil4 9 46 A.M
Dalll
Approved By
Roben W. T;~ton, P,E.
Tr::,.ns:)():1lnn 5e:vk:p.~
CO:..m:.y Traf::c Op&:-a::o::s E\~gd!'~".~.r
Trq(f.>; Op~-r,;t:')n~1 A.'fM
<:t4l7.0Q4 9:::: AM
Oa\"
Approved By
D;anfl: P'!r:'ym~r:
TI~lls?O:t;t>n S~:'\I:c~!:
l:~P.Cllti'lc; $oQc~filJ:')"
Tr~~.sp.;,);~tlun S~:"';k.~== A..j!'O~~
~r-li;!lJI)4 4:4~ PM
,-_.....--.~
Agenda Item No. 1684
June 22. 2004
Page 2 of 2
---
EXECUTlVESU~ARY
Recommendation to approve a resolution providing for the acceptance of conveyances
made by developers and/or owners in compliance with development commitment
requirements, ordinances and agreements or as an integral part of a capital improvement
project, including but not limited to, stipulations required as a pre-condition for the
approval of conditional uses, and site development plans.
OBJECTIVE: For the Board of County Commissioners (Board) to approve the attached
Resolution accepting conveyances made in compliance with development commitment
requirements, ordinances and agreements or as an integral part of an approved capital
improvement project, including but not limited to, stipulations for conditional uses, site
development plans, and for the Board to authorize its Chairman to execute related documents on
behalf of the Board.
CONSIDERATIONS: All throughout each year, various interests in real property must be
conveyed to Collier County in order to fulfill development commitments as required by re-zone
ordinances, conditional use stipulations and site development plan approvals. The formal
acceptance of these conveyances is important in establishing the public's right to utilization
thereof.
,,-
Resolution Number 2004-25, approved by the Board on January 27,2004, unnecessarily limited
the acceptance of such conveyances to calendar year 2004 only, and did not include real property
conveyances made pursuant to conditional use approvals, or site development plan approvals.
The attached Resolution creates a blanket acceptance of real property conveyances made to
Collier County, which have been requested by Collier County, through one venue or another,
streamlines the process for recording such conveyances in the public records, and delimits such
acceptance and authorization to the current calendar year.
FISCAL IMP ACT: There will be no fiscal impact as a result of this request.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's long-
range planning effort.
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chairman to execute the attached Resolution.
-
Agenda Item No. 1685
June 22, 2004
Page 1 of 4
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1685
i\ppmlif: a resoluticn providing for .he acceptance of conveyar,cr:s made by
d.1\i;,lc'P-3rS and:or '::Miners in .:;..)mplian<>'J w!tr. de\itJlc.pment commitment
rf3!juile'11ants, CJfdir_'3nc'ls and a..]rilf3ments Cl< 00 dr. mtflgrai part of a c.'3pital
impmv'lment pffJ);,(.t. inducting but net fimi!f3d to, stipl;iations required a$ a pre.
condition for the approval of C(;n(jmor.al US'l$. and s~e development pk;ns.
612.7.;2004 9:00'00 AM
Prepared By
L~!rai:la L::mtl:
rranspmtior. S",.....:c"s
Right 0: Way C<Jcrdlnat.:-r
$!;lir.:;(;412:1~'23
PM
T!:<:M.ROW
Approved By
Gr"99 R. Rtf"''''';U''''
rrl'J:15pf)rtion ;)er\i;f;F}S
rf(if'!5~-Jr-~ti~n Engineering!
(;ol1siru<:!icr: Mgrm D,r",;tor
Oat...
r r3r:spOl't~~cr. Engin~ar;f'~ ~(Id
COfl"tru<.:iion
"i10!20<J4 1:44;>1'>1
Tr"n~r.ofUl(l;)n Ol~;lI;ofl AJmini~tr1<t<;,
Date
Approved By
Norm E. f'<ld.... Ale..
Transportior: ScrY~E:€l-g
"'fr,}r6::":lf-::atioll S~r-lic<-s Ad:ni:'l.
w11!2<3<34 2:01 PM
E::<~cu'tiv~ Sc>c:r.:.t-21!'{
Dute-
Approved By
Oia"~ P~frl'n3n
rrall"pmucn S..,....ic;""
":"l'or.~pomtkJH Stl.",iC\l1S Admi!].
EI11t10Q4 3:44 PM
Date
Approved By
P;,! L"hnt:3,,1
Cc""ty Manager's Off,ce
AdlHillis.tr;stjv'~ AS3i~13nt
Offt.:~ of Management B. tl(;.j~!Ct
6!11!'2i:l!l4 f.:!ll;; f'M
Dat...
Approved By
1'>1;':"",..., Smyk!}1N~ki
CC-l::'rty M~~~S~(s Off:ce
M3P;:S9i,HT.~Pt & B'-Idget Oirt'....-t,i1(
on:.;,;~ (;f M~n~-ge.me.n~ & Budg~t
.;!12!2fiO,j 1 :51 PM
Approved By
D~t~
J~m"~ V. Mwdd
Bourd cf C':-wlltf
Cr;rroi11;:~..c;ft}f!~f'S
C~H.HH)f M3f13~<:l'"
COUllt,.. Manaller'" (;ff;,..~
$!1412.;04 3:~:,l ~M
Approved By
Cna,l..., IE. Carringtoll, "r.. SRi
WA
.:\dm:r::~t:"t:st~l{~ So.;.,....k..,$
R!:oc::~ Est::stf.1 s.en..:c{!s M~!1~~~!
Oat.>
':'"';':;~~~.,-:5 M~:1~g~m~:1t
6i4!2iiii4 r:54 .l\M
Sh"'''''fl Nawmall
Oat...
Approved By
TrClHspOttion St)I~:a.:eS
Acco~~ntiug Su~rltjs!'Jf
rrCl:n$:~-:"n4;'.ltii)n A<fn:h::st;"atiCo(t
.;!412<3:;4 9:29 AM
Dati>
Approved By
K~vi" H"ndricks
Tr~nsporticr. Sarv:c-es
Riijht Of Way Acquisition Ma"ager
rr~r~~.::..~rt21tjon Engineering and
CO~lstruc..iif'.;r.
<i!412ilfi4 11: 2.~ AM
Agenda Item No. 1685
June 22. 2004
Page 2 of 4
RESOLUTION NO. 2004-_
A RESOLUTION OF THE BOARD OF COlINTY COMMISSIONERS OF
COllIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF AlL
REAL PROPERTY CONVEYANCES MADE EITHER TO COlLIER COUNTY,
A pounCAL SUBDMSION OF THE STATE OF FLORIDA, OR TO THE
COLLIER COUNTY WATER-SEWER DiSTRICT, WHICH ARE HEREAFfER
MADE IN COMPUANCE WITH THE DEVELOP1I-ffiNT COMMITMENT
REQUIREMENTS OF ANY AND ALL ORDINANCES, OR IN FULFILLMENT
OF OBUGATIONS PURSUANT TO AGREEMENTS, DEVELOPMENT
ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS OR STIPULATIONS,
OR AS MAY BE REQUIRED FOR THE CONSTRUCTION OF ANY CAPITAL
iMPROVEMENT PROJECT.
WHEREAS, the Board of County Commissioners is the governing body of Collier County, a
political subdivision of the State of Florida, and in addition is ex-officio the Governing Board of the
Collier County Water-Sewer District (hereinafter collectively referred to as "Collier County"); and
WHEREAS. various interests in real property must often be conveyed to Collier County for
public use in order to fulfill certain development commllmcnts stipulated by Collier County
ordinances, development orders, conditional use approvals, Site development plan approvals, or in
order to fulfill obligations which may now or in the future be contained in agreements between
Collier County and any legal entity for the construction of capilai improvement projects; and
WHEREAS, the fonnal acceptance by Collier County of such conveyances is important in
that infrastructure maintenance responsibilities are thereby established, and the public's right to
utilize certain real property becomes documented through such 3.cceptance; and
WHEREAS. the growth of Collier County neceSSLcates an increasing number of such
conveyances year after year, which would otherwise requre Ccumy staff to prepare an increasing
number of executive summaries to bring each separate "~ccept:mcc" before the Board of County
Commissioners; and
WHEREAS, it is desirable and in the best intere~t of I~\,'iip" County to reduce the staff time
and paperwork which is generated by the fonnalized accepl:mn, process for each conveyance.
NOW, THEREFORE, BE IT RESOLVED ~hat ;).:~ !,.,t~,.:s~s in real property which may be
conveyed to Collier County, or to the Collier County Water-Sewer District, and which are conveyed
as a development commitment requirement pursuant to any County ordinance, as a stipulation or
condition of Conditional Use approval or Site Development Plan approval, or in fulfillment of any
obligation which may now or in the future be contained in any agreement between Collier County
and any other legal entity, or which real property conVPV1nrcs ;Ire required for the comitru~tion of .
Agenaa Item No. 1685
June 22, 2004
Page 3 of 4
Page 1
any capital project which has been approved by the Board of County Commissioners, are hereby
accepted.
AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such
conveyance of an interest in real property to Collier County, a stamp or seal attesting to acceptance
on behalf of Collier County, with reference made to this resolution, shall be affixed to such
conveyance instrument by County staff prior to its recording in the Public Records of Collier
County, Florida.
AND IT lS FURTHER RESOLVED that the Chainnan of the Board of County
Commissioners is hereby authorized to execute all documents pertaining to the acceptance of any
such real property conveyance, or pertaining to the clearing of the lien of any encumbrances from
any such convcyancc.
AND IT IS FURTHER RESOLVED that the staff is authorized to follow proper real estate
closing procedures and record all such conveyance and curative instruments in tbe Public Records
of Collier County, Florida.
AND IT IS FURTHER RESOLVED that Resolution No. 2004-25 is hereby superseded and
replaced in its entirety.
TIllS RESOLUTION ADOPTED on this _ day of
, 2004 after motion. second and
majority vote.
ATTEST:
DWIGHf E. BROCK, Clerk
BOARD OF COlJNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
DONNA PIALA, Chairman
, Deputy Clerk
Approved as to form and
Ieg<li sufficiency:
~~ f ^--
HeIdi F. Ashton
Assistant County Attorney
Agenda Item No. 1685
June 22, 2004
Page 4 of 4
Page 2
,-
EXECUTIVE SUl\1MARY
Recommendation to approve a Resolution approving and authorizing the Chairman of the Board
of County Commissioners to execute a Local Agency Program Agreement with the Florida
Department of Transportation, which Agreement implements up to $116,000 for Traffic Count
Stations with reimbursement by the Florida Department of Transportation.
OBJECTIVE: To gain Board approval of a Resolution, which approves and authorizes the
Chairman to execute a Local Agency Program Agreement (LAP) with the Florida Department of
Transportation (FOOT) that will allow Collier County to install permanent traffic count stations
and be reimbursed by the FOOT for its costs in doing so.
CONSIDERATIONS: The Metropolitan Planning Organization (MPO) identified $116,000 in
the FY 03/04 FOOT Five- Year Work Program for the implementation of traffic count stations to
provide long-term and short-term data collection, which will be used for planning purposes and
signal timing development. Project locations are: (1) Tamiami Trail (US 41) at Collier
Boulevard (CR 951); (2) Airport-Pulling Road North at Orange Blossom Drive; and (3) Radio
Road (CR 856) at Livingston Road.
.-
The FOOT has agreed that implementation of these permanent traffic count stations can best be
accomplished by Collier County with reimbursement for expenses by the FDOT. To that end, an
Agreement has been negotiated to allow the County's Traffic Operations Department to
implement the enhancements with full reimbursement, up to $116,000, upon completion.
FISCAL IMPACT: FOOT funding is available and programmed in this Fiscal Year (03/04) to
reimburse the County for all costs of completing installation of the traffic count stations, limited
to a maximum amount of $116,000, with paymenL'l made upon completion of the project. Gas
Taxes through Project 60172 will fund the County's expenditures-before-FDOT-reimbursement,
and the reimbursement from FOOT will be pla~ed back into that Gas Tax supported fund.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approve a Resolution approving, and authorizing the
Chairman to execute, a Local Agency Program Agreement with the Florida Department of
Transportation for implementation of traffic court stations.
-
Agenda Item 1686
June 22,2004
Page 1 of 18
Item Number
Item Summary
Meeting Date
A pproved By
Norm E. Feder. AICP
Tram:portion Servjces
COLLIER COUNTY
BOARD OF COUNTY COMM!S;.;iONERS
15B6
Recommend<llion to appro\iB <: Resoli;tion <:pprovifh:1 and authorizing the
Chairman of the Board of County Commi~;sior!Elrs to execute a Local Agency
Program Agreement with the Florida Department of Transportation, ......hk'.h
Agreement implements up to $116.000 '0, Traffic Count Stations with
reimt.ursement by the Fiorida Department of Transporta!Jc.-1.
6j22i2004 9:00:00 ,A.M
Transportation Division Administrator
Date
Transportation Ser.,ices Adl11jn.
Gi11!2004 2:02 PM
Approved By
Pat Lelmhard
County Msnagl;r';; Offir;e
Admil'listraH'f1; Assistant
Oat~
OfficI; of Mar:agem~nt & BI;dgGt
6111!2004 5:11 PM
Approved By
Mi;.;hal'o'l Srnykowski
County Managl'o'f's Office
Manageml'o'nt & Budgl'o't Din..';.;tor
Date
Office of Management & Budg'..'t
6;12.12004 12:59 PM
Approved By
Sharon Newmz;n
Transportion Senrices
Accounting Supervisor
Oz;te
Transportation Administrz;tioil
ti14i20041:4lJ PM
Approved By
James V. Mudd
Boz;rd of CQunty
Ccmmiss toners
County Managor
Date
County Mam~gEif's Office
6;14,120043:54 PM
A pproved By
.JGff Klatzk(JW
County Manag6r',; Office
A"sist~r:t County Mtom\:lV
Date
County A.ttorney Ofnu.
613!2004 4;40 PM
Approved By
Robert W. Tipton, P.E,
Transportion Services
County Traffic Operations enginee'
Date
Traffic Operations! ATM
6;4!200,j 9::35 AM
Approved By
Diane B. Flagg
Transportion Services
Traffic Operations and Alt Trar.s
Modes Director
Da(e
Traffic Opl!f1I:tionsl ATM
lJi4!1004 9:43 AM
Approved By
Diane Perryman
Tr,1nsportion S<lrvices
Executl"l; Sl;cretary
Date
Transport.atjon Ser..ices Adn1irL
ul4/2004 4;50 PM
Agenda Item 1686
June 22, 2004
Page2of18
RESOLUTION NO. 2004
A RESOLll"I'ION BY THE BOARD OF COUNTY COMMlSSIONERS. COLLIER
COUNTY, FLORmA, APPROViNG. AND AUTHORIZING TilE Cl-IAlR!v1AN OF
THE BOARD OF COUNTY COM1-fISSIONERS TO EXECUTE, A LOCAL AGENCY
PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR TRAFFIC COUNT STATIONS.
WHEREAS, the Collier County Metropolitan Planning Organization (MPO) identified funding in
FOOT's 5-Ye<lr Work Program for Fiscal Year 2003/2004, in the amount of 5116,000. for the
implementation of traffic count station~ to provide IODg-term and short-term data collection; and
WHEREAS. FOOT is willing to cnter into a Local Age~y Program Agreement ("Agree.lreDl")
with Collier County wherein Collier County will do the work neces~ary to purchase, install, and
implement, by use of contractors or County staff. the Irn(fic count equiprncnt. and FDOT will reimburse
Collier County up to 1111: SlInl of $116,000 upon completion of said work. A copy of this Agreement is
attached (0 this Resolution; and
WHEREAS. tbe traffic count ~tati()n~ will be:: locared at: (I) Tamiami Trail (US 41) at Collier
Boulevard (CR 951). (2) Airport-Pulling Road North at Orange Blossom Drive, and (3) Radio Road (CR
856) at Livingston Road; and
WHEREAS, the traffic count data that will he \:oUt'ned from the noted locations will be used for
planning purposes and ~ig(wlliming development; and
WHEREA~. Collier County and FDOT have agreed that such enhan~~lIIcnls can best lx:
implemented by Collier County with reimbursement from FDOT upon completion.
NOW. THEREFORE, BE IT RESOL \tED H Y THE BOARD OF COlJ:'ITY COMMISSIO~RS
OF COLLIER COUi\~rY .l<LORIDA. that:
SeCTION I. The Board of County Commissioners approves tht' A~,'reement and authorizes lto
Chairman to execute the Agreement.
SECTION 2. The Colli<:r County Ckrk is hereby direeted to forward a certified copy of th~ Resolution
to the FOOT, Bartow. Florida, along with signed copies of the Agreement for execution by FDOT.
SEC'110N J. This Resolution shall take effective immediately upon adoption.
THIS RESOLUTION ADOPTED after motion. second, and majority vom favoring same. this
day of
.2004.
ATrEST:
D\VIGlIT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
By:
. Deputy Clerk
By:
OOI\NA FlALA, Chairman
to form and legal ~ufficienc}':
, if
Jeffr
Assistm\ollier County AUorney
\ \
'J
Agend'.: :: 186
JUl. ,')04
Page 3 of 18
Slate of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
525.{l1 0..:0
CONSTRUC1lON
OGe - 11103
Page 1 of 12
FPN N0414117 -1-58-01 Fund: XA FLAIR Approo:
Federal No:8888 026 A Org. Code: 55014010106 FLAIR Obj.:
FPN No. Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
County No. 03 Contract No: Vendor No.: F 596000558102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an agency of the State of Florida,
hereinafter called the Department, and Collier County; 2671 Airport Road; Naples, Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
'v"vHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334_044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Traffic Count Stations and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the tenns
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken andeampleted.
1.01 Modifications and Additions: Exhibit(s) A, B, T are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 Generar Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practiC<lI dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and aU
applicable laws. The project wjll be perfonned in accordance with all applicable Department procedures, guidelines,
manuals, standardS, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the work being pursued Is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 06/3012005 .
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled
completion as provided in this paragraph unless an extension of the time periOd is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work perfonned after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval. permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
- undertaKe the project hereunder, or to observe, assume or carry out any of the provisions ofthe Agreement, the Agency
Nill initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion al/ procee~~~ ~ding
Federal-aid requirements, to e nab/e the Agency to provide the necessary funds for completion of tt~~d1ft4 ~f 18
525-010-40
CONSTRUCTION
OGe -11/03
Page2r:J12
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $ 116,000.00 . This amount is based upon
the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be
modified by mutual agreement as provided for ;n paragraph 4.00 of this agreement.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation.
3.03 Limits on Department Funds: Project costs efigible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to: .
a) Legislative a pproval of the Department's appropriation request in the work program year that the project is
scheduled
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and bUdget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obHgation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fIScal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement
if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are
available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a). Florida Statutes, are hereby incorporated:
"The department, during any fiscal year, shall not expend money, incur any liability. or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as availab!" :or
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection IS null
and void, and no money may be paid on such contract. The department shall require a statement from the
comptroiler of the Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1
year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of
the Department which are for an amount in excess of $25,000 and which have a term for a period of more
than 1 year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed
from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R.. and pOlicies and procedures
prescribed by the Division Administrator of the Federal Highway AdministraHon (FHWA). Federal funds shan not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported, the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for A~~~~AiP'~
'Mlere correctable non-compliance with provisions of law or FHWA requirements exists, federaflUn~t!lfrnI.~2~ 2<Wlile1d
unlil compliance is obtained. Where non-compliance is not correctable, FHWA or the Department m~~ge'f.:P~ftittpation
in parcel 0.- project costs in part or in total.
J
, ;25-01o.-w
CONSTRUCTION
.- OGC-11i03
Page 3 01 12
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days ofwlitten notice.
4.00 Project Estimate and Disbursement Schedule: Priorto the execution of this Agreement. a project schedule of
funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by
mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded
to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements established in Exhibit "Bn of this Agreement and is
approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for five(S) years after final payment is made. Copies of these documents and records shall be furnished
to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the
project records, together with supporting documents and records, of the Agency and all subcontractors performing work
on the project and all other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs. If any litigation. claim, or audit is started before the expiration of the five(5) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
.i.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required
approval of the Department shall not be considered el1gible costs
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of Federal and State funds are to h3ve audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award
number and year, and name of the awarding federal agency Sta~:; a.-iards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, award number and j2ar, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more in federal ;:I'N'3rds in its fiscal year, the recipient must have a single
or program specific audit conducted In accordance with the United States Office of Management and Budget (OMS)
Circular A-133.
If a recipient expends less than $300,000 in federal awards during it<; fiscal year, an audit conducted in accordance with
the OMS Circular A-133 is not required. If a recipient expends lass than $300,000 in federal awards during its fiscal year
and elects to have an audit conducted in accordance with OMS Circular A-133, the cost of the audit must be paid from
non-federal funds.
.eporting Packages and management letters generated from au,jits conducted in accordance with OMS Circular
A-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of recei~d~re6iD6tioned
~ems are to be received by the appropriate FOOT office no later 7han 9 months after the end of the ~~~ ~~year.
Page 6 of 18
52s.o1 CJ.40
CONSTRUCT1ON
ace. 11100
Page 4 of 12
The recipient shall foflow up and take corrective action on audit findings. Preparation of a summary schedule of prior year
audit findings, induding corrective action and current status of the audit finding is required. Current year audit findings
require corrective action and status of finding.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the FOOT, the Comptroller, and
the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMS Circular A-133 shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect al/ work, workmanship, materials.
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1)(c), Florida StaMes)
5.06 Uniform Relocation Assistance and Real Property StatistiCal Report: For any project requiring additional right of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities on the project. Activities shall be reported on a federal fiscal year basis, (rom October 1 through September 30.
The report must be prepared using the format prescribed [n 49 CFR 24, .A.ppendix B and be submitted to the Department
no later than October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.0S8(1)(a}, Florida
Statutes)
All recipients of funds from this agreement. including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and
Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400.
(Section 287.058(1)(b), Florida Statutes)
1f, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or seNices done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within sixty (60) days to the Department. Offsetting any amount pursuant to this section shalllMJ~~tfflftk~~6~reach
of contract by the Department. June 22, 2004
Page 7 of 18
525-0llJ.4O
CONSTRUCTION
OGe . 11J03
Page 5 of 12
7.00 The Department's Obligations; Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure th e carrying out
of the proje<:t and payment of the eligible costs. However, notwithstanding any other provision of this Agreement. the
Department may elect, by notice in writing, not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof. or in or with respect to any document or data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its dulies or
obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
witnout having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will excJude all project costs incurred
by the Agency prior to the effective date of this Agreement or the dAte of ql Ithorization, costs incurred after the expiration
of the Agreement, costs which are not provided for in the latest approved schedufe of funding for the project, and costs
attributable to goods or services received under a contract or other arrangements which have not been approved in writing
by the Department.
7.08 Final Invoices: The Agency must submit the finar invoice on the project to the Department within one hundred twenty
(120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may
not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may. by 'Nritten notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency :s r~::t ::;::~:,;factory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this l<:ii=.li '~I.:nt and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified lime. otherwise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the tIme penod for completion of this Agreement.
If the Department requires termination of this Agreement for reasons (A;..;;' 'h.::m unsatisfactory performance of the Agency,
the Department shall notify the Agency of such termination, with instructions as to the effective date of tennination or
specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Termination or Suspension. Llpon receipt of any final termination or suspenSion
notice under this paragraph, the Agency shall proceed promptly to carr; OU~ the actions required therein which may
include any or all of the following: (a) necessary action to terminate 0f~U"r..:;r;d, as the case may be, project activities and
contracts and such other action as may be required or desirable to K9Cp to the minimum the cA~~rraSfl~"'bfeeef which
the financing is to be computed: (b) furnish a statement of the project activItIes and contracts, andJWffi! ~~i(lgs the
cost of which are otherwise includable as project costs. The termination or suspension shall be carri~{il~t81c5fJll&rmity
with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions
525-010-40
CONSTRUCTlON
OGC .11103
Page 6 of 12
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have ariSing out of this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval ofthe Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department
The Department specifically reserves unlo itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project wilh an Agency, where said project involves a consultant contract for
engineering, architecture or sUNeying services, is contingent on the Agency complying in full with provisions of Section
287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency'sauorney shall
certrty to the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R.
Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part
with Department funds under this Agreement. The DBE requirements of appJicabre federal and state regulations apply to
this Aareement.
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and
this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance
with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity
to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color. national origin or sex
in the award and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a
part of this project. the Agency must comply with applicable federal and state regulations.
11.00 Certification Regarding Debannent, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in connection with the Department's determination whether to
enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the
Agency from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous
certification, in addition to other remedies available, the Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered
"debarred: ~suspended," ineligible,. "lower tier covered transaction ," "participant," .person," primary covered transaction:
"principal: .proposal: and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department fo~~tmm oJ8lBSng a
copy of those regulations. June 22, 2004
Page 9 of 18
52&-010-40
CONSTRUCTION
COC. 11103
Page 7 of 12
The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the Department.
The Agency further agrees by submitting this Agreement that it will include the elause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction, n provided by the
Department, without modification, in aU contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred.
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors.
The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services
Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and information of the Agency is not required to
exceed that which is normally processed by a prudent person in the Ordinary course of business dealings.
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended,
debarred. ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available,
the Department may terminate this agreement for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, 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.
VIJ11ere the Agency is unable to certify to any of the statements above. an explanation shall be attached to this
proposal.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be iimited to, the following: employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all
contracts modified only to show the particular contractual relationship in all its contracts in connection with the
development of operation of the project, except contracts for the standard commercial supplies or ra.w materials, and shall
require all such contractors to insert a similar provision in alf subcontracts, except subcontracts for standard commercial
supplies or raw materials. When the project involves installation, construction. demolition, removal, site improvement, or
similar work, the Agency shali post, in conspicuous places available to employees and applicants for employment for
project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued
thereunder, and the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964,49 C.F.R., Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the r~tmffl~~~ ~ed by
the ADA. the regulations of the federal government issued thereunder, and assurance by the Agen1~~~rf1rto.
S 25-01 0-40
CONSTRUCTION
OGC .11103
Page8ot12
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any 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 be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
the Discriminatory VendorList, maintained by the Florida Department of Management Services, may not submit a bid on a
contrad 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 woO<; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any
contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years
thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired any such interest prior to the beginning of h is tenure, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this
subsection, provided, that any such present member, officer or employee shall not participaie in any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision:
"No member, offICer or employee of the Agency or of the locality during his tenure, or for two years thereafter,
shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 MiscelJaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construeC; as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair Of prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any prOvision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approvat of its a~Q:ernida Mleme1fiB6cing
hereunder. June 22, 2004
Page 11 of 18
.
525-010-40
,
Cor.srRUCTlON
OGC - 11103
Page 9 of 12
13.06 state law: Nothing in the Agreement shall require the Agency to observe or enforce compliance'with any provision
thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the
provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in
order that appropriate changes and modifications may be made by the Department and the Agency to the end that the
Agency may proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of its officers, agents or employees during the performance of the Agreement.
\I\n1en the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described ill this section. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency_ The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any
similar provision of law.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facifities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and speCifications and will issue to the Agency written approval
with any approved portions of the project and comments or recommendations covering any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written
approval shall be sufficient cause for nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way actiVities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing, p(ur to project closeout, that the project was completed
in accordance with applicable plans and specifications, is in place Oll lhe Agency facility, that adequate title is in the
Agency, and that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreeme nt: This Agreement may be simultaneously executed in a minimum of two counterparts.
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any 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 contract, the making of any federal grant, the making of any federalloR'ii t~a e~}~rin~igW~f any
cooperative agreement, and the extension, continuatron, renewal, amendment or mOdification'()'~%~~~ ~a'B~ct,
grant, loan, or cooperative agreement. Page 12 of 18
525-010-40.
C)NSTRUCT1ON
OGC . 11103
Page 10 of 12
If any funds other than federally appropriated funds have been paid by the Agency 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 this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the state Highway System, constructed under
this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency 0 will 0 will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the fallowing time frames. Upon receipt, the Department has five 5 working days to inspect and
approve the goods and services unless the bid specifications, purchase order. or contract specifies otherwise. The
Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial
Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services
are received, inspected, and approved.
If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of
goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due
and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will not be
enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency
preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properl~
completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this
individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)
from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's
Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written,
AGENCY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Title: SoCC Chairman or Designee
By:
Title: Director of Transportation Support
Attest:
Title: Clerk
Attest :
Title: Executive Secretary
As to form:
Attorney
L. v.l A Ll."""
C' /) r' P")
-/
District Attorney
Agenda Item 1686
June 22, 2004
Page 13 of 18
See attached Encumbrance Form for date of funding approval by Comptroller.
525-010-~
CONS,R' '~T10N
::x.;c . , 11\J3
Pa.p- 11 of 12
FPN N0414117-1
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and
Collier County
Dated
PROJECT LOCATION:
Tamiami Trail (US 41) at Collier Blvd (US 951); Airport Pulling Road North at Orange Blossom Drive; Radio Road (CR 856) at
Livingston Road
The project 0 is 0 is not on the National Highway System.
The project (!) is 0 is not on the State Hrghway System.
PROJECT DESCRIPTION:
Traffic Count stations; Specifically the installation of video detection cameras at three intersections as part of a networK of
permanent traffic count stations.
SPECIAL CONSIDERATION BY AGENCY:
See Attachment Page 1.
SPECIAL CONSIDERATION BY DEPARTMENT:
-'. The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04)
Agenda Item .1686
June 22, 2004
Page 14 of 18
525-010.40
A"ACHME",,. PAGE 1
Special Consideration by Agency:
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2002 Florida Greenbook standards, as
amended.
All work to be conducted within Department Right-of-Way shall adhere to the following:
(1) The FOOT standard specifJCation for road and bridge construction, 2004 e<fltion as amended, and
(2) The FDOT roadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 2003 edition
as amended.
For all projects the following will apply:
a) Section 287.055, F.S. "Consultants Competitille Negotiation Act"
b) FDOT .Project Development and Environmental Manual," where applicable
c) The Local Agency Program Manual
The Agency wiD inform the Department in writing of the commencement and completion of the project. Upon completion of
the project, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect and approve
the project for payment.
The Department shalf reimburse the Agency, subject to funds ava[lability, in the year programmed (cur""!'" rv ')",'04).
Agen,:. . 26
Ju .. .J4
Page 15 of 18
525..010-40
CONSTRUCTION
OGe.11103
?age 120112
AGENCY NAME & BILUNG ADDRESS FPN NO.
'iT"~.tO:~L~09AAfl,E,.'liOFi~"iQ 414117-1
Collier County lOCAL AGENCY PROGRAM
2671 Airport Road AGREEMENT
Naples, Florida 34112 EXHIBIT "6"
SCHEDULE OF FUNDING
PROJECTOEsCmpTION
Name Traffic Count Stations
Termini Tamiami Trail (US 41); Airport Pulling Road North; Radio Road (CR 856
Length N/A
FUNDING
(1) (2) (3)
faTAL "'GENCY STATE &
I TYPE OF WORK by Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNOS
P.E. 2003-2004 SO.OO SO.OO
2004-2005 -.-
2005-2006 a=-..
Total PE $000 SO.OO 5'100
-------
RJght-of.Way 2003-2004 -.-.-.-..--- ----- --
2004-2005 _... ---.--- -
2005-2006 =::..;..,~- .'~=:-:__.~_-.-;:'::':'::T':~
Total Rinht-of-Wav Cost $000 $000 30 CO
-~._--_..._. '--.--
Construction 2003-2004 $ 116,000.00 I .. . t'-jr:; 00
-
2004-2005 I - .-
2005-2006 -. .u --
200S-2007 $116.000.00 ! -,-.--. --- . ~ --------.---
~--~----
Telal Contrad Costs $() 00 _._-~;-~
-
Construction Engineenng and Inspeclfcn SO.OO I
2003-2004 $: ~-:-c
_'U ----~..._-
2004-2005 $000 I '- --
2005-2006 I .-
so 00 ~.o
T~ta1 Construction Er.glne€riog - --- ~
T olal Construction Cost S 116,000.00 so. 00 , "-")'10
~ -- - --
ESTIMATED TOTAL COST OF THE $116,000.00 $0.00 _ .,dOG
PROJECT -- '~~-_._-_..
_3
Tile Oepartmenfs fiscal year begins on July 1. For lI1is project, funds are not projected to be available until aft&r
The Department will notify the Agency. In writing. when funds ilre 3lf3l1able.
July
j ::H:,~.,: . - '..;; ,'e.J(,
*No work shaH begin until the Department bas issued a written Notice to Proceed for each phase. Fund"""t: contingel1t upon *
legislative approval.
Agend;j : 'e'-(116B6
JI.,; ric; ..::,:., 2004
Page 16 of 18
525.01~
CONSTRUCTION
OGC.11m
EXH!BIT T
Traffic Signal Maintenance Agreement
Artide 13.14 is expanded by the following:
The parties mutually agree and covenant as follows:
1. When the District Traffic Operations Engineer of the Department has served a request order on the Agency,
and the designated officer of the Agency has favorably acknowledged the request order, the Agency shall undertake the
responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request order.
2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by
the Agency in conjunction with the Department prior to installation. Such design and operation will be as energy efficient
as possible.
3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in
accord with Part VI of the "Manual on Uniform Traffic Control Devices" (MUTCD) as amended, and with all applicable
Department standards, specifications and plans goveming traffic control for street and highway construction and
maintenance.
4. The local Agency shall be responsible for the maintenance and continuous operation of the traffic signals,
traffic signal systems (central computer, cameras. message signs, and communications interconnect), school zone traffic
control devices, intersection flashing beacons, i1Jumin ated street sign names and the payment of electricity and electrical
charges incurred in connection with operation of such traffic signals and signal systems upon completion ot theIr
installation. In the case of construction contracts, the Agency shall be responsible for the payment of <:!Iectricity and
electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the
maintenance and continuous operation of said traffic signals and signal systems upon final acceptance cf the installation by
the Department. Re pair or replacement and other responsibilities of the installation contractor and the Department, during
the burn-in period between conditional and final acceptance, are contained in the most recent Departrn8nt's "Standard
Specifications for Road and Bridge Construction."
5. The Agency shall maintain and operate the traffic signals and signal systems in a manner that ',^,'ill ensure safe
and effrcient movement of highway traffic and that agrees with maintenance practices prescribed by the i::,,-:! n:ltional
Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic (>i,jr~, iJc~,.r;8S
(MUTCD), as amended. The Agency's maintenance responsibilities shall include, but not be limited to ;:::; ~::i ,(: \it:
maintenance (periodic inspection, service and routine repairs), and emergency maintenance (trouble r' ") '-. :,~ the event
of equipment malfunction, failure, or damage). The Agency shan record its maintenance aCtivities in:..f > ~!gnal
maintenance log which shall contain, as a minimum, traffic signal log details recommended by the r~)'
6. The Agency may remove any component of the installed equipment for repair; however, !t ' rTJka any
permanent modifications and/or equipment replacements unless the equipment provided is the same 3'::it; ul Ilt:wer and is
capable of performing the same functions, The Department shall not make any modifications and/or E;f,,""
replacements without prior written notice to the Agency.
7. The Agency shall set and maintain the timing and phasing of the traffic signals in accordance With the
Department's timing and phasing plans. specifications, or special provisions, The Agency may make rn 'C,l')!'S In
phasing of signals and signal systems to accommodate changing needs of traffic provided prior writt,:: "';jined
from the Department. Dep artment approval shall be contingent upon an engineering report prepared r. ~_c ncy
in accordance with Section 1A.09-4 Engineering Study and Engineering Judgment of the MUTCD recorrmenomq such
changes and signed and sealed by a qualified Professional Engineer licensed in the State of Florida. T may
make changes in the signal timing provided these changes are made under the direction of a qualified Prcr,:;sslonal
Engineer. Th e Agency shall send a signed and sealed copy of the timings to the Department immedlak. J J iler ,n5tailation.
The Department reserves the right to examine equipment, timing. and phasing at any time and, after r::)'T C ,';~h the
Agency, may specify modifications. If the Department specifies modification in timing and/or phasing,',plc:;.[,1",,;latlon of
such modifications shall be coordinated with, or made by the Agency.
8. The Agency shall note of in the maintenance log any time and/or phasing changes and kec: r" ,-:'i of the
timings and any approval documentation in a file. ,.
, . 9, The Agency may enter into agreements with other parties pertaining to traffic signals ~~1~:~~1'~~~
mcludmg. but not Pag~ 1 j of 18
52S..o1()..CO
CONSTRUCTION
OGC . , 1103
EXHIBIT T
Traffic Signal Maintenance Agreement
limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal
systems on the State Highway System. provided that such Agreements are consistent with the mutual covenants contained
in this Exhibit. The Agency shall furnish a copy of such agreements to the Department.
10. This Exhibit shall remain in force during the life of the originally installed equipment and/or the life of any
replacement equipment installed with the mutual consent of the parties hereto unless there is an existing agreement that
provides the same requirements or until superceded by a Traffic Signal Mainenance and Compensation Agreement
between the Department and the Agency.
Agenda Item 1686
June .22, 2004
Page 18 of 18
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for a Local Agency Program (LAP)
Agreement with the State Department of Transportation in the amount of
$262,500.00 for the purchase and Installation of a prefabricated pedestrian bridge
within the C.R. 951 right-of-way over the Golden Gate outfall canal.
OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution
approving a F.D.O.T. Local Agency Program (LAP) Agreement ("Agreement") for the purchase
and installation of a prefabricated pedestrian bridge within the C.R. 951 right-of-way over the
Golden Gate oulfall canal.
CONSIDERATIONS: The Florida State Department of TrdIlsportation (p.D.O.T.) is willing to
enter into a Local Agency Program (LAP) Agreement with Collier County, wherein F.D.O.T.
will reimburse Collier County up to the sum of $262,5(x).00 of the estimated $300,000.00 cost
for the purchase and installation of a prefabricated pedestrian bridge within the C.R. 951 right-
of-way over the Golden Gate outfall canal. Additional design and engineering costs are to be
determined. The bridge is part of the Golden Gate Canal Pathway Project that extends from the
Golden Gate Community Park to 951.
FrsCAL lMPACT: Staff has prepared a budget amendment recognizing $262,500.00 in
revenue and appropriating the expenditure for the pedestrian bridge within the Parks Capital
lmprovement Fund (306). Upon construction completion of the pedestrian bridge, Fund (306)
will be reimbursed by F.D.D.T. up to $262,500.00. To date, the annual maintenance
responsibility and cost has not been assigned. Road Maintenance was contacted and provided an
annual maintenance cost cstimatc of $5,000.00. This amount would need to be budgetcd
annually by the maintaining department.
.-
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Resolution
authorizing the approval of a r.D.O.T. Local Agency Program (LAP) Agreement for the
. purchase and installation of the prefabricated pedestrian bridge within the C.R. 951 right-of-way
over !.he Golden Gate oulfall canal, approve the annual eost of maintenance each FY, authoril.e
thc Chairman to sign thc Agrecmcnt, and approve thc nCl:Cssary budgct amendment.
-
Agenda Item No. 16B7
June 22, 2004
Page 1 of 18
RESOLUTION NO. 2004 .
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY. FLORIDA, APPROVING, AND AUTHORIZING THE
CHAIRMAN OF THE BOARD OPF COUNTY COMMISSIONERS TO
EXECUTE, A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE PURCHASE AND INSTAllATION OF A PREFABRICATED
PEDESTRIAN BRIDGE WITHIN THE C.R 951 RIGHT-OF-WAY OVER TIlE
GOLDEN GATE OUTFALL CANAL.
WHEREAS, the State of Florida Department of Transportation (p.D.O.T.) is willing to
enter into a Local Agency Program (LAP) Agreement ("Agreement") with Collier County,
wherein F.D.O.T. will reimburse Collier County up to the sum of $262,500.00 of the estimated
$300,000.00 cost for the purchase and installation of a prefabricated pedestrian hridge within the
C.R. 951 right-of-way over the Golden Gate outfall canal; and
WHEREAS. the Collier County Board of County Commissioners find" that it is in the
public intereslto purchase and inSlallthis pedestrian bridge and that this Agreement is in the best
~..-.. .
interest" of the citizens of Collier County.
NOW THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
The Collier County Board of County Commissioners approves the Agreement and
authorizes its Chairman, Donna Fiala, to execute the Agreement
A certilied copy of this Resolution will be forwarded by Collier Counly Clerk to
F.D.O.T. along with the executed Agreement.
TIUS RESOLUTION ADOPTED, after motion, second, and majority vote favoring same
this _ day of
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF CmJI-i'TY COMMISSIONS
OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
-
Approved as to form and
legal sufficiency:
Agenda Item No. 1687
June 22, 2004
Page 2 of 18
Jeffery A. Klatzkow
Assistant County Attorney
.~
,,.,,,-..,,
-
Agenda Item No. 1687
June 22, 2004
Page 3 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSiONERS
Item Number
1587
Item Summary
R0CGmmenda!ion to approve a Resolution for a l.or..al Agency Program (l.AP)
Agmernent with the State Department of Transportation in the amount of
S262,500.00 for the purchase and installation of a prefabric.ated pedestrian
bridge within the C.R.. 951 right-of-way over the Golden Gate outfall canal.
Meeting Date
6f22i20C4 9:00:00 .A.M
Prepared By
Val Prince
Project Manager
MI!2004 4:18:43 PM
Transpt.,rtion ServicEis
Tr3ffic Operdtions! ATM
Approved By
Diane B. Flagg
Tr<lffic Operations and Alt Tr,1ns
Modes Director
Date
Trans portion Services
Tmftic Operations! ATM
6t10!2004 1;:44 AM
Approved By
Malia R..:lmS6\1
Parks & Recmation Direct.or
Date
Public Ser;;i,~es
Parks "rod Re!;re.~tio{l
6;1;)i2004 2:16 PM
Approved By
Norm E. Feder, AlCP
Tr3nsportation Division Administrator
Date
TO.!Ir1SPOlti,){I S1lrvj(;6S
To..~r1sr~oltati{)n Ser;;kes Ad,,~in.
6;11!2004 3:17 PM
A pproved By
Diane Perr/man
Executive Secret3ry
Date
TransportjOl1 Services
Tr3r1spt.,rtation Services Admin.
6[11i2004 3:55 PM
Approved By
Pat Lehnhard
Administr,1tive A!>sistant
Q"te
County Manager's Office
Office of Management & Budget
6[11f2{J(l4 5:13 PM
Approved By
Midlael Smykowski
M~nas~me{ll 8. Budget Direct.or
f.I~te
County Manager"s omce
Office at M.1l'lagem.-,nt & Budg.-,t
6[;212004 1:32 PM
Approved By
J<:mes V, Mudd
County Manager
D<:te
80<:(\1 of County
Commissioners
County Manager's Office
6H5J2004 8:43 AM
Approved By
Val Prince
Project Manager
Date
Transportlon Services
Traffic Operations! ATM
619/2004 6:23 AM
Approved By
Sharon Newm.m
Accounting Supervisor
Q"te
TranspfJrtion S~!f',kes
TranspfJrtation Administr"tion
619/200410:36 AM
Ag~nrt:::o It~m Nn 1RR7
June 22, 2004
Page4of18
State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
5~10-<40
CONSTRUCTION
OGC.11,,;)3
Page 1 of 12
FPN N0412627-1 Fund: XU FLAIR Approp:
Federal No: Org. Code: 55014010106 FLAIR Obj.:
FPN No Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
County No. 03 Contract No: Vendor No.: F 596000558102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the Department, and Collier County; 2671 Airport Road; Naples, Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
'MiEREAS, the Agency has the authority to enter into said Agreement a nd to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated'and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Departmenfs participation in
8ridoe _ New Structure and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental iinanciai assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s) A, B are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, And all
applicable laws. The project will be performed in accordance with all 8!J!Jlicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the worX t:>eing pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shd1: [.e ,:n c~arge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the prc:e(: ,)0 or before 0613012005 .
If the Agency does not complete the project within this time period, ttlls A9reement will expire on the last day of scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and gr'" ~ ~d in
writing by the Department prior to the expiration of the Agreement EY.piration of this Agreement will be considered
termination of the project. The cost of any wor1t performed after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event th::!1 :my election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder. or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law. all actions necessary with respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal-aid requirements, to enable the Agency to provide the necessarj funds for completion of the project.
Agenda Item No. 1687
June 22, 2004
Page 5 of 18
l
525-C1 O-<<l
CONS'IRtJCllClN
OGC . 11103
Page 2 0112
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $ 300,000.00 . This amount is based upon
the schedule of funding in Exhibit WB" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total cost of the project and any deficits involved. lhe schedule of funding may be
modified by mutual agreement as provided for in paragraph 4.00 of this agreement.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation.
3.03 Umits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement
if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are
available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25.000 and has a tenn for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contrad
which, by its tenns, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null
and void, and no money may be paid on such contract. The department shall require a statement from the
comptroller of the Department that funds are available prior to enteling into any such contrad or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1
year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding flscal years, and this paragraph shall be incorporated verbatim in all contracts of
the Department which are for an amount in excess of $25,000 and which have a term for a period of more
than 1 year."
3.06 Notice to Proceed: No cost may be incurred under thi~ contract until the Agency has received a Notice to Proceed
from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
confonnity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures
presaibed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof invoMng such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported, the Department
shall notify the Agency in wliting citing the reasons why items and amounts are not eligible for Federal participation.
VVhere correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld
until compliance is obtained. \M1ere non-compliance is not correctable, FHWA or the D~artlllE)nt may deny DarticiPation
in parcel or project costs in part or in total. Agenaa Item NO.1 tit:S r
June 22, 2004
Page 6 of 18
5~10-<<l
CONSlRUC'TlClN
OGe -11103
Paslto :3 at 12
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment.
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement. a project schedule of
funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by
mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded
to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is
approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms ofthis
Agreement shall be maintained and made available upon request to the Department at all times during the period ofthis
Agreement and. for five(5) years after final payment is made. Copies of these documents and records shall be furnished
to the Department upon request. Records of costs incurred indudes the Agency's general accounting records and the
project records, together with supporting documents and records. of the Agency and all subcontractors performing wont
on the project and all other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs. If any litigation. claim, or audit is started before the expiration of the five(5) year period. the records
shall be retained until all litigation, daims, or audit findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by property executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award
number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single
or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB)
Circular A-133.
If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with
the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fIScal year
and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from
non-federal funds.
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular
A-133 shall be submitted to the awarding FDOT OffICe, by the recipient, within 30 days of receiving it. The aforementioned
items are to be received by the appropriate FOOT office no later than 9 months after the end of the recipient's fiscal year.
Agenda Item No. 1687
June 22, 2004
Page 7 of 18
-~.
525-01~
CONSTRUCllON
OGC -11103
Page. of 12
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year
audit findings, including corrective action and current status of the audit finding is required. Current year audit findings
require corrective action and status of finding.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the FOOT. the Comptroller, and
the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
proviSions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1)(c), Florida Statutes)
5.06 Unifonn Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities on the project. Activities shall be reported on a federal fIScal year basis, from October 1 through September 30.
The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department
no later than October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida
Statutes)
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and
Chapter 3- Travel of the Department's Disbursement Operations Manual, Topic 350-030-400.
(Section 287.058(1)(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for wo/1( or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach
of contract by the Department.
Agenda Item No. 1687
June 22, 2004
Page 8 of 18
S25-01~
CONSlRUCTlON
OGe . 11103
"-50112
7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be properto ensure the carrying out
of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement. the
Department may elect, by notice in writing, not to make a payment it.
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof. or in or with respect to any document or data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment. the Department will exclude all project costs incurred
by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration
of the Agreement. costs which are not provided for in the latest approved schedule of funding for the project, and costs
attributable to goods or services received under a contract or other arrangements which have not been approved in writing
by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty
(120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) daytime period may
not be paid.
8.00 Tennination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, orthe Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the perfonnance of the Agency is not satisfactory, the Department shall have the aption
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency.
the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or
specify the stage of work at which this Agreement is tenninated.
If this Agreement is terminated before performance is completed. the Agency shall be paid for the work satisfactorily
perfonned. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Temlination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to tenninate or suspend. as the case may be. project activities and
contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts. and other undertakings the
cost of which are otherwise indudable as project costs. The tennination or suspension Atm!JrMcfm!M RJ8.irltffi!~rmity
with the latest schedule. plan, and costs approved by the Department or upon the basis ci}:lterms a,ffirf€~~~!;04
Page 9 of 18
525-41 D-4O
CONSTR\JC11ON
OGC .1MI3
Page S 0112
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreemen1S: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval ofthe Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section
287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department. the Agency will
involve the.Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R.
Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part
with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to
this Aareement.
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and
this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance
with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity
to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a
part of this project, the Agency must comply with applicable federal and state regulations.
11.00 Certification Regarding Debannent, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in connection with the Department's determination whether to
enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the
Agency from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
detennined to enter into this transaction. If it is later detennined that the Agency knowingly rendered an erroneous
certification, in addition to other remedies available, the Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered
.debarred: .suspended," ineligible," .Iower tier covered transaction,. .participant," "person,. primary covered transaction,"
.principal," .proposal,. and 'voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a
copy ofthose regulations.
Agenda Item No. 1687
June 22, 2004
Page 10 of 18
525-(11).<<)
CONSTl'lUC11ON
OOC - 11103
Page 7 of 12
The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the Department
The Agency further agrees by submitting this Agreement that it will include the clause titled .Certification Regarding
Debannent, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,. provided by the
Department, without modification, in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors.
The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs' (Nonprocurement List) which is compiled by the General Services
Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and information of the Agency is not required to
exceed that which is normally processed by a prudent person in the ordinary course of business dealings.
Unless 'authorized by the Department, if the Agency knowingly enters into 8 contract with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available,
the Department may tenninate this agreement for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement. that neither it ncr its principals is presently debarred, suspended,
proposed for debannent. declared ineligible, or voluntarily exclude<1 from participation in this transaction by any Federal
department or agency.
Where the Agency is unable to certify to any of the statements above. an explanation shall be attached to this
proposal.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race. age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or tennination; rates of payor other fonns of
compensation; and selection for training, including apprenticeship. The A.gency shall insert the foregoing provision in all
contracts modified only to show the particular contractual reiationsuip in all its contracts in connection with the
development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall
require all such contractors to insert a similar provision in all SUbG0ntrac';, except subcontracts for standard commercial
supplies or raw materials. When the project involves installation, canstruction, demolition, removal, site improvement, or
similar work, the Agency shall post, in conspicuous places avaiiable to employees and applicants for employment for
project work, notices to be provided by the Department setting forth Hie p:(,....isions ofthe nondiscrimination dause.
12.02 Trtte VI- Civil Rights Act of 1964: The Agency will comply with. ::'ll! tn.e requirements imposed by Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued
thereunder, and the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties thal ensure compliance with Title VI of the Civil
Rights Act of 1964,49 C.F.R.. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the federal government issued thereunder, ana assurance by the Agency pursuant thereto.
Agenda Item No. 1687
June 22, 2004
Page 11 of 18
525-010-<<1
CONSTRUCTION
OGC - 11103
Page II 0112
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any 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 be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in
excess ofthe threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
the Discriminatory Vendor Ust, maintained by the Florida Department of Management Services, 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 be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity_
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any
contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years
thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this
subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project. and shan require its contractors to insert in each of it's subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter,
shall have any interest, direct or indirect, in this contract orthe proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fISCal
depositories, or to any agreement for utility services the rates for which are fIXed or controlled by a governmental agency.
12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall In no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
Agenda Item No. 1687
June 22, 2004
Page 12 of 18
525-010-<<1
CONSTRUCTION
OGC.11103
Page II 0112
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perfonn any other act or do any other thing in contravention of any applicable state law, provided, that if any of the
provisions of the Agreement violate any applicable state law, the Agencv will at once notify the Department in writing in
order that appropriate changes and modifications may be made by the Department and the Agency to the end that the
Agency may proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
perfonnance of the Agreement except that neither the Agency, its officers, agents or its employees win be liable under this
paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of its officers, agents or employees during the performance of the Agreement.
Wlen the Department receives a notice of claim for damages that may have been caused by the Agency in the
perfonnance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
The parties agree that this clause shall not waive the benefrts or provisions of Section 768.28, Florida Statutes, or any
similar provision of law.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifICations and will issue to the Agency written approval
with any approved portions of the project and comments or recommendations covering any remainder of the project
deemed appropriate. After resolution ofthese comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written
approval shall be sufficient cause for nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed
in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the
Agency, and that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shaH extend to and indude the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any 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 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.
Agenda Item No. 1687
June 22, 2004
Page 13 of 18
525-010-40
CONSTRucnON
OOC .11103
Page 1001 12
If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a membef of Congress, an officer or employee of
Congress, Of an employee of a member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-lLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under
this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (i) will 0 will not
maintain the improwments made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and
approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The
Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial
Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services
are received, inspected, and approved.
If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of
goodS and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due
and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will not be
enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency
_ preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a property
completed invoice Is provided to the Department.
A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this
individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)
from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's
Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Trtle: BoCC Chairman or Designee
By:
Title: Director of Transportation Support
Attest
Trtle: Clerk
Attest: :
Trtle: Executive Secretary
As to form:
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
Agenda Item No. 1687
June 22, 2004
Page 14 of 18
>25-011).<<)
CONSTRUCTlON
OGC .11103
Pa.ll'll1 01 12
FPN N0412627-1
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and
Collier County
Dated
PROJECT LOCATION:
Westside of County Road 951 Right of Way over the existing Golden Gate Outfall Canal.
The project 0 is e is not on the National Highway System.
The project 0 is e is not on the State Highway System.
PROJECT DESCRIPTION:
Construct a Pre-Fab Pedestrian Bridge in Golden Gate within CR 951 right-of-way over the Golden Gate Outfall Canal. The
Golden Gate Parkway Pedestrian Bridge will run north and south along the westside of CR 951 right-of-way.
SPECIAL CONSIDERATION BY AGENCY:
See Attachment Page 1.
SPECIAL CONSIDERATION BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04).
Agenda Item No. 1687
June 22, 2004
Page 15 of 18
525-01()..4()
",rr",CHMENTP",GE t
Special ConsideRIOOn by Arjefw;y:
All WOI1t to be conducted outside of the Department Right-of-Way shall adhere to the 2002 Florida Greenbook standards, as
amended.
All WOI1t to be conducted within Department Right-d-Way shall adhere to the following:
(1) The FOOT standard specification for road and bridge construction, 2004 edition as amended, and
(2) The FOOT roadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 2003 edition
as amended.
For al projects the following will apply:
a) Section 287.055. F.S. "ConslAtants Competitive Negotiation Ad"
b) FOOT .Project Development and Environmental Manual,. where applicable
c) The Local Agency Program Manual
The AQency wil inform the Department in writing of the commencement and completion of the project. Upon completion of
the project. the Department will have forty-fIVe (45) days after receipt of the Agency's invoice to review, inspect and approve
the project for payment.
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (cu "", i"- ,. 03/04).
Agenda F. ,
--:,7
v ~ )4
Page I ti orlB
525-01 ().40
CONSTRUCTlQN
OGC-11103
Page 1201 12
AGENCY NAME & BILLING ADDRESS FPN. NO.
STAre ~ Il.CA:)A(9AR1lr.lENTCJI: T1UH5POQTATClN 412627-1
Collier County lOCAL AGENCV PROGRAM
2671 Airport Road AGREEMENT
Naples, Florida 34112 EXHI8IT "S-
SCHEDULE Of' FUNDING
PROJ1:CT DESCRPTlON
Name Pedestrian Bridge
Termini Along County Road 951
Length NJ A
FUNDING
(1) f2l (3)
TOTAL AGENCY STAlC&
TYPE OF WORK bv ~I Vur PROJECT F'UNDS FUNDS FEDERAl FUNDS
POL 2003-2004 SO 00 $0.00
2004-2005
2005-2006
Total PE $000 $0.00 $000
Right-of-Way 2003-2004
2004-2005
2005-2006
Total Rioht-of-Wav Cost $000 $000 $0.00
I Constnl<;tion 2003-2004 41?f;?7-1~'iA-fl1 ~240,o.)Q 00 S3O,000.00 5210,000.00
2004-2005
I 2005-2006
2006.2007
Total Contract Cc5t. $240,00000 $30,000 00 $210,00000
GonslrucllOn Engineering and Inspection
2003-2004 41?f;?7_1-l'iA-fl1 ,1)0,100 00 $7,50000 $52,50000
2004-2005 -.-- .. .-- -
2005-2006 -=:r:.',c,. \~:",::l-._"',"",,",_-':'
~C8,CJS.::xJ $7,500.00 ..' " ,;
Total Construction EnginMring ---~- -- -- -- -- =
Total ConsIructIon Cost $3GC,000 00 S37,5OO.00 , ;0
- - .-
ESTIMATED TOTAL COST Of THE $300.C00.00 $37,500.00 $262,500.00
PROJECT
--~._- ..
--
The o.p.nm.nrs tkeal par Mglns on JulV 1. Forttlls project. funds are not projectad t" D<! i"'~l": ., c,ntil.ttH
The ~ will notify tile Agency, III writing, when funds are available.
July
1 st .aclt 1iSC31 year.
"No work sball begin until the Department has issued a written Notke ii) r-,.t1~".:d for each phase. Funds are contingent upon J%\
legislative approval ~
Agenda Item No 1687
June 22, 2004
Page 17 of 18
RESOLUflON NO. 2004
A RESOLtmON OF THE BOARD OF COUNTY COMMISSIONERS,
COlLIER COUNTY, FLORIDA. APPROVING, AND AUfHORlZlNG TIlE
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO
EXECUfE. A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OP TRANSPORTATION FOR
THE PURCHASE AND INSTAlLATION OF A PREFABRICATED
PEDESTRIAN BRIDGE WITHIN THE C.R. 951 RIGHT-OP-W A Y OVER THE
GOLDEN GATE OUfFALL CANAL.
WHEREAS, the State of Florida Department of Transportation (FD.O.T.) is willing to
enter into a Local Agency Program (LAP) Agreement ("Agreement") with Collier County,
wherein FD.O.T. will reimburse Collier COWlty up to the sum of $262,500 of the estimated
$300,000 cost for the purchase and installation of a prefabricated pedestrian bridge within the
CR. 951 right-of-way over the Golden Gate outfall canal; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the
public interest to purchase and install this pedestrian bridge and that this Agreement is in the best
interest of the citizens of Collier County.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COlLIER COUNTY, FLORIDA, that
The Collier County Board of County Commissioners approves the Agreement and
authorizes its Chairman, Donna Fiala, to execute the Agreement.
A certified copy of this Resolution will be forwarded by the Collier County Clet k to
P.D.O.T. along with the executed Agreement
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
this _ day of
A1TEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Agenda It" I .. 37
JUi .; _._. _Ju4
Page1P;af18
~.""'-'
EXECUTIVE SUlVlMARY
Recommendation to approve a budget amendment transferring funds from Street Lighting
Project No. 60007 to Multi-Project Transportation Dcsignffraffic Signals Project No. 60172 for
expenditures that will be incurred under Local Agency Program Agreements with the Florida
Department of Transportation.
OBJECTIVE: To gain Board approval of a budget amendment transferring funds from Project
No. 60007 to Project No. 60172 to cover expenditures that will be incurred under a Local
Agency Program Agreements (LAP) between the Florida Department of Transportation (FDOT)
and Collier County.
CONSIDERATIONS: Collier County has entered into LAP Agreements with the FDOT for
. hardware/software enhancements to the County-wide Advanced Traffic Management System
and for the installation of permanent traftic-count stations. Upon completion of the projects and
under lhe terms of lhe LAP Agreements, the FDOT will reimburse Collier County for lhe costs
incurred. In the interim, funds are needed to purchase the equipment and materials needed for
staff to undertake and complete the projects.
..-
The total cost of both LAP Agreements is $366,000. Project No. 60172 can absorb some of the
costs~ however, a budget amendment is necessary to cover all other expenditures.
FISCAL IMPACT: A budget amendment is needed for purchase of equipment and materials
for two (2) LAP Agreement projects. Funds in the amount of $270,150.77 are available in Gas
Tax Fund (313), Project No. 60007, and will be moved to Project No. 60172.
GROWTH MANAGEMENT IMPACf: This action will result in no growth management
impact.
RECOMMENDATION: That the Board approves a budget amendment in the amount of
$270,150.77 transferring funds from Gas Tax Fund l313) Project No. 60007 to Project
No. 60172.
,,-
Agenda Item No. 1688
June .22, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
Diane 8. Flagg
Transportion Services
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1688
Recommendation to approve a budget amendment transferring funds from
Street Lighting Project No, 60007 to Mu,tj-PrOj8ct Transportation Design/Traffic
Signals Project No. 601?2 for expenditures that win be incurred under Loca~
Agency Program Agreements with the Flo!'ida Department of Transportation.
6/22/200<1 9:00:00 AM
Traffic Operations and Alt Trans
Modes Director
Date
Traffic Operations! ATM
6/10/2004 12:49 PM
Approved By
Sharon Newman
Transportjon Services
Accounting Supervisor
Date
Transportation Adminjstrativr1
6/10/20042:07 }"-'M
Approved By
Norm E. Fed~r, AICP
Transportiort Services
Tmflsportation QiYision Ad;-:~i:;i:;t:;;t:)f
Date
TnmsporlaHofl Services Adrnin,
611112004 3:38 PM
Approved By
Diane Perryman
Tnmsportlon ServicE'~,)
Executive Secretary
Date
Traflsportation S~rviC8S Admin.
6111 i2004 4:47 PM
Approved By
Pat Lehnhard
County Manager's Office
t~dministratjve Assistant
Date
Office of Management &. 8udq<:r
6f11i2004 5:26 PM
Approved By
Susan UShHf
County Manager's Office
Senior ManagernentlBudg~..~ ;,. ,~,';'/' .
Da te
Office of Management & Budget
6/13120043:55 PM
Approved By
Michael Smykowski
County Manager's Office
ManiJgem~nt &. Budget Dir",!,tOl
D<3te
Office of Management & Bt?dgnr
6/13120044:40 PM
Approved By
James V. Mudd
Bmlrd of County
Commissioners
County Manager
Date
County Manage!'s omen
6/15/20042:04 PM
Agenda Item No. 1688
June .2.2, .2004
Page 2 of 2
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for a Local Agency Program (LAP)
Agreement with the State Department of Transportation in the amount of
$195,706.00 for the construction of sidewalk segments connecting the sidewalks
at S.R. 29 and with various streets between First Street and Ninth Street in
Immokalee.
OBJEcrIVE: To obtain approval from the Board of County Commissioners for a Resolution
approving a F.D.O.T. Local Agency Program (LAP) Agreement ("Agreement") for the
construction of sidewalk. segments connecting the sidewalks of S.R. 29 with various streets
between First Strcct and Ninth Strcct in Immokalcc.
CONSIDERATIONS: The Florida State Department of Transportation (p.D.O.T.) is willing to
enter into a Local Agency Program (LAP) Agreement with Collier County, wherein ED.O.T.
will reimburse Collier County up to the sum of $195,706.00 for the construction of ccrtain
sidewalk. segments in lnunokalee described in the attached Agreement
FISCAL IMPACT: Funding for the sidewallc!pathway segments will be advanced from the
Transportation supported Gas Tax Fund with a.reimbursement from F.D.O.T. up to $195,706.00,
which will be returned to the Gas Tax. Fund upon completion of the project The annual cost of
maintcnancc by the Road Maintcnancc is estimated at $1,000.00 and shall be budgctcd in each
FY by Road Maintenance.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Resolution
authoo/.ing the approval of a F.D.O.T. Local Agency Program (LAP) Agreement for the
construction of sidewalk segments in Immokalee, approve the annual cost of maintenance each
FY, authorit.e the Chairman to sign the Agreement, and approve all necessary budget
amendment.s.
-
Agenda Item No. i 689
June 22, 2004
Page 1 of 17
RESOLUTION NO. 2004 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COllIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING
THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO
EXECUTE, A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH
THE STAlE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE CONSTRUCfION OF A l';"1JMBER OF SIDEWALK SEGMENTS IN
IMMOKALEE, CONNECTING VARIOUS STREETS BETWEEN FIRST
STREET AND NINTH STREET WITH THE SlDEW ALKS OF S.R. 29.
WHEREAS, the State of Florida Department of Tr.msportation (F.D.O.T.) is willing to
enter into a Local Agency Program (LAP) Agreement ("Agreement") with Collier County.
wherein F.D.O.T. will reimburse Collier County up to the sum or $195,706.00 [or the
construction of a number of sidewalk segments in Immokalcc wnnecting thc sidcwalks of S.R.
29 with various streets between First Street and l\inLh Street; and
~, the Collier County Bo.u-d of County Commissioners fmds that it is in thc
public interest to install these sidewalk segment, ~nJ tnat this Agreement is in the best interesLs
or the citizens or Collier County.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COllIER COUNTY, FLORIDA, Lhat
The Collier County Board of County Commissioners approves the Agreement and
authorizes iLs Chainnan, Donna Fiala, to execute the Agreement
A certified copy of this Resolution wiH he forwarded hy Collier County Clerk to
F.D.OT. along with the executed Agreement.
THIS RESOLUTION ADOPTED. ailer m;Jl1,m. seellud, and majority vote favoring same
this _ day of
ATTEST:
DWIGHT E. BROCK, Clerk
1:.'01\'.(.0 OF COUNrY COMMISSIOt-..'ERS
C;; COLLIER COUNTY, FLORIDA
, Deputy Clerk
DY:~_
DO:-.lNA FIALA, CHAIRMAN
Approved as to fonn and
legal sufficiency:
Jeffery A. Klatzkow
Assistant County Attorney
-
A~lenda Po.t.' 89
'-''-'. ~004
Page 2 of 17
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSiONERS
1689
Recommendation to approve a Resolution for a Loc-al Agency Program (LAP)
Agreement with the State Department of Transportation in the amount of
$195,706.00 for the construction of sidewalk segments c.onnecting the
sidewalks at S.R. 29 and YVittl various streetS between First Street and Ninth
Street in lmmokalee.
6i22f200<~ 9:00:00 AM
Prepared By
Val Prince
Trallspo!tioll Services
ProJect Manager
6/8120044:.19:55 PM
Traffic Operations! A TM
Approved By
Diane B. Flagg
Transportion SSfVicss
Traffic Operations and At Tr<1fl!i
Modus Director
Date
Tr.'3ffic Operations! ATM
$110/2004 11 ;55 AM
Approved By
Norm E. feder, Alep
Transportion Services
Transportation mvis~on Administr.lt.or
f) ate
Transportation Services A;:1m!n.
6t!1!20043:21 PM
Approved By
Diane PE!rf"/man
TransporJon Service....
Executiile Sf:cretary
Dale
Transportation Servlcns Admin.
fji11i20f}4 4:14 PM
Approved By
Pat l.ehnhard
County Managers Office
Administrative Assistant.
Da!e
Office of Management & Bu,;gd.
5111i201M 5: 15 PM
Approved By
Michael Smykowski
Counly Manager's Office
Management & Budget !)::<,::;:.".
Date
Office of Mal~agfimer:t & 13,-,d;.1~t
i>112i20041:23 PM
Approved By
Sharon Newman
Transportion S~fVk~s
ACC'..<)lmting Supervisor
Date
Trimsport..."iOl1 Administration
\)114120U41:41 PM
Approved By
James V. Mudd
Board of County
Commissioners
Approved By
Va! Prince
Trc1l1sporJOl1 Services
County Manager
Dat..
County ManageE's OfficG
6/:5!2iJ041:23 PM
Proj\!!cl Manager
Agenda Itgffii--Jo. 1689
J~~~~~ ~@~M
P::lOP ,()f 17
Traffic Operations! A TM
RESOLUTION NO. 2004
A RESOLUfION OF THE BOARD OF COUNTY COMMISSIONERS,
COllIER COUNTY, FLORIDA. APPROVING, AND AUTHORIZING THE
CHAIRMAN OF TIlE BOARD OF COUNTY COMMISSIONERS TO
EXECUTE, A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH
TIlE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR
TIlE CONSTRUcnON OF A NUMBER OF SIDEWALK SEGMENTS IN
IMMOKALEE. CONNECIlNG VARIOUS STREETS BETWEEN FIRST
STREET AND NINTIi STREET wrm THE SIDEWALKS OF S.R. 29.
WHEREAS. the State of Florida Department of Transportation (F.D.O.T.) is willing to
enter into a Local Agency Program (LAP) Agreement ("Agreement") with Collier County,
wherein ED.O.T. will reimburse Collier County up to the sum of $195,706 for the construction
of a number of sidewalk segments in Immokalee connecting the sidewalks of SR. 29 with
various streets between First Street and Ninth Street; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the
public interest to install these sidewalk segments and that this Agreement is in the best interest of
the citizens of Collier County.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COU..IER COUNTY. FLORIDA, that
The Collier County Board of County Commissioners approves the Agreement and
authorizes its Chairman, Donna Fiala. to execute the Agreement.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to
F.D.O.T. along with the executed Agreement.
TIllS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this _ day of
A'lTEST:
DWIGHf E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COllIER COUNTY, FLORIDA
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
form and
atzkow
unty Attorney
Agenda Item No. 1689
June 22, 2004
Page 4 of 17
State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
525410-<<1
CONSTRI.JC11ON
OGC -11103
Page 1 of 12
FPN No 195431-1-58-01 Fund: SE FLAIR Approp:
Federal No:3911 019P Org.Code:55014010106 FlAIRObj.:
FPN No. Fund: FLAIR Approp:
Federal No: Org. Code: FlAIR Obj.:
County No. 03 Contract No: Vendor No.: F 5960005581J2
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of I
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the Department, and Collier County; Finance Dept.: 2671 Airport Road; Naples, Florida 34112
hereinafter called the Agency.
WIT N ESSE TH:
VVrlEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Hwv _ Enhancement and as further described in Exhibit RAM attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s}
A,S
are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT RAM with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions. and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 0613012005 .
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of sCheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder, or to observe, assume or carry out any of the provisions ofthe Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any suCh matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
Agenda Item No. 1689
June 22, 2004
Page 5 of 17
~25-011J.4O
CONSTRUC'TlON
OGC.11103
Page 20112
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $ 195,706.00 .. This amount is based upon
the schedule of funding in Exhibit "S" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be
modified by mutual agreement as provided for in paragraph 4.00 of this agreement.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "S". This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the wo/1( program year that the project is
scheduled
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fIScal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement
jf incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are
available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null
and void, and no money may be paid on such contract. The department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1
year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fIScal years, and this paragraph shall be incorporated verbatim in all contracts of
the Department which are for an amount in excess of $25,000 and which have a term for a period of more
than 1 year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed
from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures
prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported, the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation.
\M1ere correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld
until compliance is obtained. \Nhere non-compliance is not correctable, FHWA orthe De~artmmt rnax,d~d' ~ation
in parcel or project costs in part or in total. gen a J~ne 22', 2004
Page 6 of 17
~25-010-oIO
CONS". RUcnON
OGC.1'103
Page 3 01 12
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by
mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded
to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is
approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for five(S) years after final payment is made. Copies of these documents and records shall be fumished
to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the
project records, together with supporting documents and records, of the Agency and all subcontractors performing work
on the project and all other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs. If any litigation, daim, or audit is started before the expiration of the five(S) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and nurrber, award
number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the redpient must have a single
or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB)
Circular A-133.
If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conduded in accordance with
the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year
and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from
non-federal funds.
Reporting Packages and management letters generated from audits conducted In accordance with OMB Circular
A-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned
items are to be received by the appropriate FOOT office no later than 9 months after the end of the recipient's fiscal year.
Agenda Item No. 1689
June 22, 2004
Page 7 of 17
525-010-<<1
CONSTRUCTlON
COC- 11103
Page40112
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year
audit findings, including corrective action and current status of the audit finding is required. Current year audit findings
require corrective action and status of finding.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the FOOT, the Comptroller, and
the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMS Circular A-133 shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of ttle Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1)(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30.
The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department
no later than October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida
Statutes)
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and
Chapter 3- Travel of the Department's Disbursemef'!t Operations Manual, Topic 350-030-400.
(Section 287.058(1)(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach
of contract by the Department.
Agenda Item No. 1689
June 22, 2004
Page 8 of 17
525-0t 0-40
CONSTRUCTION
OGC. t 1103
Pap 5 01 12
7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be properto ensure the carrying out
. of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the
Department may elect, by notice in writing, not to make a payment .if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this
Agreement, requires the approval ofthe Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA. may deSignate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred
by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration
of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs
attributable to goods or services received under a contract or other arrangements which have not been approved in writing
by the Department.
7.08 Final Invoices: The Agency must submit the tinal invoice on the project to the Department within one hundred twenty
(120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) daytime period may
not be paid.
8.00 Tennination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or cona:tion resulting in such suspension has ceased or
been corrected I or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency ;s fI'1t $ ,;~;sfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending thiS Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the time pt1icd for completion of this Agreement.
If the Department requires termination of this Agreement for reasons o~her-ihan unsatisfactory performance of the Agency,
the Department shall notify the Agency of such termination, with ~n:,tiuctions as to the effective date of termination or
specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the ,A,gency shan be paid for the wor1<. satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Tennination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be req~ired or desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project a<;b~ties and contracts, and other undertakings the
cost of which are otherwise includable as project costs. The termiratioil or suspension s.b.fII~~ff~<NHnffiE!grmity
with the latest schedule, plan, and costs approved by the Department or upon the basis ofl'erms aryLfflfl~0~04
,
Page 9 of 17
525-01~
CONSTRUCTION
OGC.11103
Pa~1l0l12
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, inCluding consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section
287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department. the Agency will
involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R.
Part 26, as amended, shaU have the opportunity to participate in the performance of contracts financed in whole or in part
with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to
this Aoreement.
10.02 DBE Obtigation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
defined in applicable federal and state regulations, have the opportunity to participate in the perfonnance of contracts and
this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance
with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity
to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a
part of this project, the Agency must comply with applicable federal and state regulations.
11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in connection with the Department's determination whether to
enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the
Agency from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous
certiflC8tion, in addition to other remedies available, the Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms .covered
"debarred,. .suspended,' ineligible," .Iower tier covered transaction,. .participant,. "person,. primary covered transaction,.
"principal,. .proposal,. and "voluntarily excluded,. as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a
copy of those regulations.
Agenda Item No. 1689
June 22, 2004
Page 10 of 17
525-01~
CONSTRlJCTlOt,j
OGC. 11/03
P_70112
The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contrads with a person
who Is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the Department
The Agency further agrees by submitting this Agreement that it will include the clause titled .CertiflCation Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the
Department, without modification, in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person or entity Is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification Is
erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors.
The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs. (Nonprocurement. List) which is compiled by the General Services
Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and information of the Agency is not required to
exceed that which is normally processed by a prudent person in the ordinalY course of business dealings.
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available,
the Department may terminate this agreement for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debannent, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
vvtlere the Agency is unable to certify to any of the statements above, an explanation shall be attached to this
proposa I.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all
contracts modified only to show the particular contractual relationship in an its contracts in connection with the
development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall
require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial
supplies or raw materials. \I\Itlen the project involves installation, construction, demolition, removal, site improvement, or
similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for
project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued
thereunder, and the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964,49 C.F.R., Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the federal govemment issued thereunder, and assurance by the Agency pursuant thereto.
Agenda Item No. 1689
June 22, 2004
Page 11 of 17
52S-01~
CONSTRUCllON
OGC -11103
Page a 01 12
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any 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 be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
the Discriminatory Vendor Ust. maintained by the Rorida Department of Management Services, 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 be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
pubtic entity; and may not transact business with any public entity.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any
contract, subcontract, or arrangement in connection with the project or any property included or planned to be Included In
the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years
thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this
subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure. or for two years thereafter,
shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fIXed or controlled by a governmental agency.
12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability arising from non-compliance with these regulations and wiU reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
Agenda Item No. 1689
June 22, 2004
Page 12 of 17
525-010-40
CONtTRUCTlON
OGC.1'103
Pa;e II 01 12
13.06 State Law: Nothing in the Agreement shall require the Agency to obselVe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the
provisions ofthe Agreement violate any applicable state law, the Agency will at once notify the Oepartment in writing in
order that appropriate changes and modifications may be made by the Department and the Agency to the end that the
Agency may proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
3xpense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
perfonnance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of its officers, agents or employees during the performance ofthe Agreement.
VJhen the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Oepartment will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Departme.nt will detefmine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any
similar provision of law.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping offacilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency written approval
with any approved portions of the project and comments or recommendations covering any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written
approval shall be sufficient cause for nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing. prior to project closeout, that the project was completed
in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the
Agency, and that the project is accepted by the Agency as suitabie for the intended purpose.
13.11 Agreement Format: All words used herein in the singuls(form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on lobbying:
Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any 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 contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the e)dension, continuation, renewal, amendment Of modification of any federal contract,
grant, loan, or cooperative agreement.
Agenda Item No. 1689
June 22, 2004
Page 13 of 17
525-010..c0
CONSTRUCTlON
OGC . 1 1103
Pall"100l12
If any funds other than federally appropriated funds have been paid by the Agency 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 this Agreement, the undersigned shaU complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under
this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (!) will 0 will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Oepartment
should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and
approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The
Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial
Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services
are received, inspected, and approved.
If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of
goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due
and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will not be
enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency
preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly
completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this
individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)
from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's
Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Title: soce Chairman or Designee
By:
Title: Director of Transportation Support
Attest
Title: Clerk
Attest :
Title: Executive Secretary
As to form:
As to form:
Attorney
~~)
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
Agenda Item No. 1689
June 22, 2004
Page 14 of 17
i
.J,
.,_1-
525-010-<<1
CONSTR\JCT1OI'f
OGC ., 1103
Page'1 01 12
FPN NO.195431-1-58-01
EXHIBIT A
Project Description and Responsibilities
This exhibit fonns an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and
Collier County
Dated
PROJECT LOCATION:
North 1st Street; North 2nd Street; North 3rd Street; North 6th Street; North 7th Street; North 9th Street; South 2nd Street;
South 3rd Street; South 4th Street; South 6th Street; South 7th Street; South 9th Street
The project 0 is e is not on the National Highway System.
The project (!) is 0 is not on the State Highway System,
PROJECT DESCRIPTION:
Construct sidewalk segments which will connect to the sidewalk of SR 29. The new segments will continue either Northernly
or Southerly approximately one block off of SR 29 between 1 st Street and 9th Street. The locations include: North 1 st Street
0Nest Side); North 2nd Street(WestSide); North 3rd Street (West Side); North 6th Street (East Side); North 7th Street (West
Side); North 9th Street (East Side); South 2nd Street (West Side); South 3rd Street(West Side); South 4th Street (West
Side); South 6th Street (East Side); South 7th Street (East Side); South 9th Street (East Side).
SPECIAL CONSIDERATION BY AGENCY:
See Attachment Page 1.
SPECIAL CONSIDERATION BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04).
Agenda Item No. 1689
June 22,2004
Page 15 of 17
5Z-01O-<<1
ATTACHMEHTPAGE 1
Special Consideration by Agency:
All wor1< to be conducted outside of the Department Right-of-Way shall adhere to the 2002 Florida Greenbook standards, as
amended.
All wor1< to be conducted within Department Right-at-Way shall adhere to the following:
(1) The FOOT standard speciflCC1tion for road and bridge coostruction, 2004 edition as amended, and
(2) The FOOT roadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 2003 edition
as amended.
For all projects the foRewing will apply:
a) Section 287.055, F.S. .Consultants Competitive Negotiation Act"
b) FOOT "Project Development and Environmental Manual." where applicable
c) The Local AgerY;y Program Manual
The Agenr:y will inform the Department in writing of the commencement and completion of the project. Upon completion of
the project, the Department WIll have forty-five (45) days after receipt of the Agency's invoice to review, inspect and approve
the project for payment.
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04).
Agenda Item No. 1689
June 22, 2004
Page 16 of 17
..
525-01 0-<10
CONSTRUC1lON
OGC - lMlJ
Page 12 01 12
AGENCY NAME & BILLING ADDRe:SS FPN. NO.
STAn!: OJ(. R. <:ADA OD'Afl'lIrIEHf CS 1lUHSPOIlIT A1'Qol 195431-1-58-01
Collier County LOCAL AGENCY PROGRAM
2671 Ai~ort Road AGREEMENT
Naples, Florida 34112 EXHIBIT "8"
SCHEDULE Of FUNDING
PROJECT DESCRIPTION
Name Hwy-Enhancement
Termini Sidewalks- Various locations off SR 29
Length N/A
FUNDING
(11 ('2) (3)
TOTAL AGeNCY STATE &
TYPE OF WORt< bll Fisca' V.ar PROJECT FUNOS FUNDS FEOElV.L FUNOS
P.E. 2003-2004 so 00 $0.00
20()4.2005
2005-2006
ToialPE so 00 SO.OO SO.OO
Right-of-Way 2003-2004
2004\-2005
. 2005-2006
T".., Rinht-of-Wav Cost $0.00 SO.OO SO.OO
Constnletlon 2003-2004 5195,70600 S1 95, 70600
20()4.2005
2005-2006
2006-2007
TOlaI Cor1lract Costs S195, 706. 00 $0.00 S195,70600
Construction E~ and Inspection
2003-2004 $0.00 $0.00
2004\-2005
2005-2006
SO.OO SO.OO $000
Tolal Construction Engineering ..==
T 0laI Construction Cost S195,706.00 so. 00 '195.10600
ESTIMATeD TOTAL COST OF THE $195,706.00 $0.00 $195,706.00
PROJECT
Th. Depar1menfs IIscal ywt.. be9lns on July 1. For this project, funds are not projected to be avaMable until after
The Depu1ment wttl nGlIfy 1M AQency, In writing, wilen funds ar. available.
July
1st each I\$c:at ygr.
*No work shall begin uotil the Department has issued a written Notice to Proceed for each phasc. Funds are contingcnt upon ~
legislative approvaL '%If
,.-,_.
Agenda Item No. 1689
June 22, 2004
Page 17 of 17
EXECUTIVE SUMMARY
Reconunendation to approve a Drainage and Limited Access Easement Agreement
with Terracina, LLC for the purpose of allowing County Stormwater staff to have
access to the canal from the Terracina property in order to perform periodic
maintenance within the canal. (Fund 001 Cost Center 172970) (Fiscal Impact not to
exceed $100.00).
OBJECTIVE: To request approval of a Drainage and Limited Access Easement
Agreement with Terracina, LLC to allow County Stormwater staff to have access to the
platted canal easement from the Terracina property in order to adequately perform
periodic maintenance within the canal.
CONSIDERA nONS: Terracina, LLC is an assisted care living facility that is located
on Davis Boulevard on an 'out parcel' within the subdivision of Glen Eagle Golf and
Country Club. The County needs access to the canal from the property owner's side in
order to perform routine canal maintenance on a periodic basis. Terracina representatives
have agreed to grant County Staff access for this purpose.
.-
FISCAL IMPACT: The fiscal impact is not expected to exceed $100.00 for recording
fees. (Fund 001 Cost Center 172970)
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the
County's Growth Management Plan.
RECOMMENDATION: Staff recommends that the Board of County Commissioners:
1) Approve the attached Drainage and Limited Access Easement Agreement and
authorize the Chairman to execute same on behalf of the Board; and
2) Direct the staff to take the necessary steps to close the transaction and to
record the documents in the public records.
e-
Agenda Item No. 16810
June 22, 2004
Page 1 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSlONEnS
Item Number
.,6810
Item Summary
Rec("~mmend~t:on :0 <1f-'prove a Dr2~nage 8nc Un~1:t~1d A.ccess E~serl1ent
Agreen1nnt v-lith rerr~c:na. LLG k~r thf: purpose r~f 31Ic~o\'ir.g Count', Storrnwater
staff to hav~ acc,:ss to th..~ G?mal from the T~rracir.a property in order to pmf"rm
perirAlic maintenance within the canal
Meeting Date
fii2Zi2004 9:0G:OO AM
Approved By
PQt~r Kayden
Project Manager
Date
Transportion S"r...k.es
Road Mlfintan~m;"
6i10i200.; 5:36 AM
Approved By
Gloria Herr"ra
1,hnall..mentJ8udget Analyst
Data
Tram'j>ortiol1 S..r"ic..",
Tr:mS;>Mtatiol1 Op..r~tlonl>
$1~O;ZG04 8;06 AM
Approved By
Gregg R. Stmk"h,!-."
Trtlr:;;portauon f:ngir,..arlngJ
COr1l>trudion Mgmt Director
Q,'ta
Tr1.H1$po1iion S~(VSC'i-t';
T ransr><,;t~ti,>n Engins'Hing ar:d
C,"l:lntn1ctiQn
$;~(l;2(1(14 1 :45 PM
Approved By
Sharon Nvwr',an
A...~co~Jr::.ir:g SUP*(VlSOr
Dats
Tram:portion S..r"ic....
Tr.~r:S;lMtati(>11 Adr"jlli~traUol1
$1~1;Z0041\;3i) AM
Approved By
Oian.. P"r'yman
E,-~cut:va S~rat<l.!Y
Data
Transportion Seniic&!>
rram;portation Servic""5 Atlmin.
~f11i2(l(l4 4:20 PM
Approved By
Pat Lehnhard
Administrative Assistant
Date
CO:H''Y Manilgv"'; Offi';...
,;tfjc;<; "f Milnall<,ment & f.i"dgv(
fiI11iZOO.~ 5:16 PM
Approved By
Mi';t:.,<,i Smyir,wr.;i<.i
Man:;Il<,ment & Eh:dgvt Di.-."ct"r
Oats
County r4anag;:;!"'s Offica
Offic~ of Management & BL:dg.~t
511212004- 1 :.11 PM
Approved By
Norm E. F!:der, AiCP
Tri3ns;>ortatl!ln tllvlsion Administrater
Date
Transportion Servic$.;5
Transportation Servk;;5 Atlmin.
~i1Si2(l(l4 7:22 AM
Approved By
James v. Mudd
County Man;;ger
Date
Bou,j of COlSnly
Co:nmjssion~rs
County 1'.hr:;;ye..'s Off",..
6i~5;2(lO' 3:45 PM
Approved By
"eyin Hendricks
Riyht Of W1'.y AC'l:lisili<m Mu..,gar
Trtlr:;;portatiofl cngin..edr;g and
Constructton
Dilts
Transportion S...r'lj(..es
6i9i20041:1Z PM
Agenda Item No. 16610
June 22, 2004
Page 2 of 12
This Instrument Prepared By
And After Recording Return To:
Gregg R. Lehrer, Esq.
Gray, Harris & Robinson, P.A.
301 East Pine Street, Suite 1400
Orlando, Florida 32801
(407) 843-8880
DRAINAGE AND LIMITED ACCESS EASEMENT AGREEMENT
THIS DRAINAGE AND LIMITED ACCESS EASEMENT AGREEMENT
("Agreement") is made and entered into and effective as of the 2..2- dayof J'ic.,JG ,2004-, by
ofTERRACINA, LLC, a Minnesota limited liability company, whose address is c/o The Goodman
Group, 1107 Hazeltine Boulevard, Suite 200, Chaska, MN 55318 ("Terracina"), in favor of
COLLIER COUNTY, a political subdivision of the State of Florida ("County"), whose address is
Horseshoe Square, Suite 212, 2685 South Horseshoe Drive, Naples, FL 34104.
WIT N E SSE T H:
WHEREAS, Terracina is the owner of the real property hereinafter described in Exhibit
"A" attached hereto and by reference incorporated herein ("Terracina Parcel"), located in Collier
County, Florida; and
WHEREAS, Terracina is the beneficiary of an existing easement over and across the
Terracina Property which serves as a drainage canal for the immediate area, including the Terracina
Property and established by that certain plat for Embassy Woods Golf and Countty Club at Bretonne
Park, Page One, recorded in Plat Book 17, Pages 47-49 Public Records of Collier County, Florida
(the "Platted Canal Easement"); and
WHEREAS, Terracina desires to expand the existing canal (as expanded the "Canal") and
accordingly has agreed to expand the Platted Canal Easement by granting an easement over a portion
ofthe Terracina Parcel (the "Drainage Easement") more particularly described on Exhibit "8" and
shown on the drawing attached hereto as Exhibit "D" (the canal, as expanded, is hereinafter referred
to as the "Canal", and the Platted Canal Easement and the Drainage Easement are hereinafter
collectively referred to as the "Canal Easements"); and
WHEREAS, Terracina has agreed to grant a limited access easement over a portion of the
Terracina Property (the "Access Easement") permitting County to have access to the Canal for the
purpose of maintaining the Canal from time to time, the Access Easement herein referred to is more
particularly described on Exhibit "C" and shown on the drawing attached hereto as Exhibit "D";
NOW, THEREFORE, in consideration of the covenants and agreements herein set forth,
and for other good and valuable considerations, receipt of which are hereby acknowledged, the
Agenda Item No. 16810
June 22, 2004
\145047\5 - # 42961 v6 Page 3 of 12
parties hereto agree as follows:
1. Easements. Terracina grants to County, a non-exclusive easement over that portion
ofthe Terracina Property described on Exhibit liB" and as shown on the drawing attached hereto as
Exhibit "0" to provide County additional and expanded drainage canal capacity over and across the
Terracina Property.
Terracina grants to County a non-exclusive access easement over that portion of the Terracina
Property described in Exhibit "c" (the "Access Easement") and as shown on the drawing attached
hereto as Exhibit "D", for the purpose of the providing County and its employees and agents access
over and across the Terracina Property for the purpose of (i) maintaining the Canal lying East of the
Terracina Parcel; and (ii) repairing the improvements lying on or within the Access Easement as is
hereinafter required.
2. Maintenance and ReD air. In the course of using the Easement Area for the purpose
stated herein, County shall repair any damage that it may cause or incur with respect to the
landscaping, driveways, irrigation, curbing or other improvements in or on the Access Easement. All
repairs made by County shall be of the same quality and character and in the case of plants replaced,
they shall be the same size and species, as the damaged improvements prior to the damage. Nothing
contained herein shall be construed as imposing any maintenance obligations on the County for any
repairs or replacement work performed by County. County agrees to assign to Terracina any and all
warranties received from the vendor who performs the aforementioned repairs.
3. ImDfovements. The County shall not make any improvements or repairs to the
Access Easement, including but not limited to signage, landscaping, curbing or roadway
improvements without first identifying in writing or drawings to Terracina any such proposed
improvements or repairs and obtaining the prior written consent ofTerracina Nor shall County alter
the dimensions of the Canal Easement granted herein and identified in Exhibit "B" without first
identifying in writing or drawings to Terracina any such proposed alterations and obtaining the prior
written consent of Terracina.
4. Not a Public Dedication. This Agreement is not intended and should not be
construed as a gift or dedication of any portion of Access Easement to the public at large or for any
public purpose.
5. Covenants Runnine with the Land. All the easements, provisions, agreements,
rights, powers, covenants, conditions and obligations contained in this Agreement shall be binding
upon the parties hereto, their successors (by merger, consolidation or otherwise) and assigns, lessees
and all other persons acquiring any interest in the T erracina Property, or any portion thereof, whether
by operation of law or in any manner whatsoever, and shall inure to the benefit of the owners of the
respective parcels and their respective heirs, successors (by merger, consolidation or otherwise) and
assigns. All of the provisions of this Agreement shall constitute covenants running with the land
pursuant to Florida law.
6. Entire Aereement. This instrument contains the entire agreement of the parties, and
Agenda Item No. 16810
June 22, 2004
Page 4 of 12
\145047\5-#42961 v6
no representations, inducements, promises or agreements, oral or otherwise, not embodied herein or
in similarly executed instruments shall be of any force or effect. No modification, alteration or
amendment of this agreement shall be binding unless in writing and executed by the parties hereto,
or their legal representatives, successors or assigns.
7. Successors and Assie:ns. This Agreement shall be binding upon and shall inure to
the benefit of the parties hereto and their legal representatives, successors and assigns.
8. Florida Law. This Agreement shall be construed and enforced in accordance with
the laws ofthe State of Florida.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
Signed, sealed and delivered
in the presence of:
~ ~lU8e'lh>-o.AJ
Name: W\ '-{ 50\ I c-'J-r~ Y)
\
TERRACINA, LLC, a Minnesota limited
liability company
BY:~~
Name: fJt::<TtZtCf iL- 13/L.,C-#
T i tie: .:x. L /U-p,,. '7
~
COLLIER COUNTY, apolitical subdivision
of the State of Florida
Attest:
Dwight E. Brock, Clerk
By:
Name:
Title:
Deputy Clerk
7J&: toJ~J
Assistant County Attorney
Ellen T. Chadwell
\145047\5-#42961 v6
Agenda Item No. 16810
June 22, 2004
Page 5 of 12
STATE OF MINNESOTA
COUNTY OF (o-.~..(.~
The foregoing instrument was acknowledged before me this 3 \ day of ~, 2003, by
V~+...,oc.... 'R, ',CIA, as s.ec...~o(I.~~ ofTERRACINA~innesota
limited liability company, who is [r ] personally own to me or [ ] produced the following
identification: , and who did not take an oath.
--11~ ~~UZ
.::~ Publ1c (' .
QV'\L:al '-v-.. "VoJ\ 4(
Printed Name low SIgnature
. I - ~ \. -0_"5
My Commission Expires
.
.\e.~,:.a,.. NANCY CURW1CK \
' . _~: .. ....\ N01ARYPOBUC.MINNES01A
. ...., ColND\$liiOn ~ Jaa. 31. 2005
.~ .
.
Serial Number
\145047\5. # 42961 v6
Agenda Item No. 1 ,~~~ ()
June 22, 2UU4
Page 6 of 12
JOINDER AND CONSENTOF MORTGAGEE
TO
DRAINAGE AND LIMITED ACCESS EASEMENT AGREEMENT
u.s. BANK NATIONAL ASSOCIATION, a national banking association, whose address is U.S.
Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota 55402, being the holder of that ~~rtain
Mortgage recorded December 28, 2000 in Official Records Book 2759, Page 0514, Public Records of
Collier County, Florida (the "Mortgage"), hereby joins in, consents, and subordinates the lien of its
Mortgage to the filing of this Drainage and Limited Access Easement Agreement.
IN WITNESS WHEREOF, the undersigned has executed this Joinder and Consent this 3/~
day of .H.Iae, 2003.
:f{j/7
Signed, sealed and delivered
in the presence of:
U.S. BANK. NATIONAL ASSOCIATON, a
national banking association
1,
(S~fWitness#l)
BY:~ f)
Prim N ame: ~"u.-..."'-
Tille: (:)~: ~~
~~
I< r 0.. "",b~ "- k...
1/\
(Print Ne of Witness # 1)
~~)
"~.::r\\l ~ Q. t\ ('bw 0
(Print Name of Witness #2)
(CORPORATE SEAL)
STATE OF MINNESOTA
COUNTYOF~n~P/~
I
. _1-- ,7/- 1'-'1
Th~ ~oing instrument was acknowledged before me this ~ day or .i... .'
L5/. b. irtt",..,"'rA(~-" i'S J~
u.S. Bank National Association, a national banking a:osOCiall,Jfi, on behalf of said n.J.
association. He/She is personally known to me or has produced
identification and did not take an oath.
)
) ss:
)
'{1: by
.If
", .~:, ,,-,ng
....
/ 0
IG~~I
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\145047\6 -# 136959 v1
Notarv public.. State of . ....: In 17 (~. ~
Print Name: __De-.n l-H.. -Se I q- ,
My COlilmi~,i\ln expires: / - J I
Agenda He 1 0
v ~...);J4
Page 7 of 12
EXHIBIT" A"
LEGAL DESCRIPTION OF TERRACINA PROPERTY
Tract B, Embassy Woods Golf and Country Club at Bretonne Park,
Phase One, according to the Plat thereof, recorded in Plat Book 17,
Pages 47, 48 and 49, oftbe Public Records of Collier County, Florida.
Agenda Item No. 16810
June 22,2004
Page 8 of 12
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EXECUTIVE SUMMARY
Recommendation to approve awarding Bid #04-3615 "Purchase and Delivery of Organic
and Inorganic Mulch" at an estimated yearly cost of $550,000.00
OBJECTIVE: Award Bid # 04-3615 "Purchase and Delivery of Organic and Inorganic Mulch"
for the maintenance of roadway median and County grounds.
CONSIDERATIONS:
Organic and inorganic mulch is required County-wide as a landscaping material. Landscaping
Operations, Parks & Recreation, Facilities Maintenance and Water Maintenance Operations
among others use this contract. .
Bid #04-3615 was posted on February 10,2004. Sixty (60) notices were sent to prospective
vendors. Two (2) bids were received by the due date of March 3, 2004. There were no bids
submitted for Item 4, Bulk Eucalyptus Mulch (100% Grade "A" Shredded).
Staff has reviewed the bids and recommends award of Bid #04-3615 as follows:
,-
1. Organic Mulch
Items 1 -3,5,7,8
Primary -- Giant Mulch, Inc.
Secondary - Forestry Resources, Inc.
Items 6,9 -12
Primary - Forestry Resources, Inc.
Secondary - Giant Mulch, Inc.
2. Inorganic Mulch
Items 1 and 2
Forestry Resources, Inc. (Sole Bidder)
FISCAL IMPACT: These products will be used by several different departments. Each user
department has budgeted funds for the purchase and delivery of mulches according to their
needs.
GROWTH MANAGEMENT IMPACT: There is no growth Management Impact.
RECOMMENDATION: That the Board Award contract #04-3615 " Purchase and Delivery of
Organic and Inorganic Mulch" to Giant Mulch, Inc. and Forestry Resources, Inc. per the
categories in consideration above.
-
Agenda Item No. ~jB11
June 22, 2004
Page 1 of 4
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONF..RS
16611
RecOmmilnd.1ticn to Awmd <lid uG4-3fJ 1 :.;"Purchase aflt1 Delivery of Or-].1nic
and Inorganic ~,~u:~h'} at 3r. cst:rr:at~d ys,ar;y cc.st of $~J~o:Gw.ao.
6/22/2004 9:0G:Oa AM
Prepared By
Sob i>l:>ror,>,>n
Tr1l""pclticm &.rvic"-,,
Projl:>ct l.hnager
!r.ffii:: Opero;.iOHl:'j ATM
c;!')f2;},,4 12:(l9<~1
PM
Approved By
Date
Lyn Wood
Adm;/"::stmtlVl:> S~.rvIO!!oS
Pun.:naSilllJ Agent
Purcnasing
Approved By
6i1!if2()(l4 ~:40 A....
<.",,(On But]",
Adm;r:;"tr:.tive $"'1'0,1;;",,.
Pm'r..na5ing $;";P(!0ri~C:-
Purch""j"y
O"te
Appr.oved By
c;!H)f2,,(}.1 e.,50 AM
Diane 8. 1'lagg
Tr:","pc,ticn Servic",,,
Tr?ffie O~~r?tkjns ~w1 Alt frnu!=)
Modes D1rect<Jr
Tr4ffi;; O~rq.;.kms; l>-,i'M
Date
6110:-1C04 12.<m r 1',1
Approved By
SIIM<:"1 N"",m.m
TrallSllort!vn Services
A;,;,;,;,c:...lnilr:g31;t.';';~ '; :~:.;r
Transport.:;tlcn Adm'":.,\..,,tion
D~t",
Approved By
611!i!2()(l" 1 AZ ::>M
Norm E. ~ed..;, II>JC~'
r"msllcrti"" S..",;ces
T,;':r':.Spor--..atlcn Oi....i::;:oo Adminestrntf);
Tr?nspOf:.o.:.ivn n~:"~..rIC~:':. .4(.:;:~l:1,
Oate
ci!11!2~:aI~ 3:~~~~ 9M
Approved By
Oc1tc
Dian~ Fcrry:nar:
Transportion S~itjh:::~s
Ex~cuti~a Secr~t~ry
'rrzmsp'Jrtaiio.n S{-~/ic(..::. Admin.
P~tl."llflt;;ml
6.'"'111201}4 4:2;3 i>M
Approved By
c"""ty M"''''ag<;:-'~ Offic",
Administr;,,:~;v~ ;,..~~j::;t~nt
Offlce af Milnage>n"n~ ;;; "h:.:!~j~t
t)"t"
6111r1C<l4 5:rt PM
Oail<
Approved By
Mic;lae; SI1l)li<:>wski
County Manage:-'s Office
Ml:l~.a!;~mt1Y'!t &. S!Jdog~t C;r.~...~t<}!
Offl-:e of Munag~~nh:'nt .~ ~;;~"j~.e{
Approved By
6112r.<()(l" 1 :tl~ PM
.J"mes Y. Mudd
J~"ard <>f CO'lnty
Cl>rr~m;s.sior~o:-rs
County M"n,,!)'>!
County ManuHar':; Of:i:..:e
t)"t"
Approved By
Ell}b f'etersen
Tr1l""pc,tior: Ser...;c"",,
Proje;::t AA;j01:?"9~'"
'!'ra{:"i\,: O~fo:.i;,>n$; ATM
O"te
6:1~t2C04 6:4~ PM
61!>1~CC4 12: l~ ,'1,1
Agenda Item No. 16811
June 22, 2004
Page 2 of 4
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EXECUTfVESU~~1ARY
Recommendation to approve the issuance of a Resolution approving, and authorizing the
Chairman to sign a Highway Landscaping Installation and Maintenance Agreement with
the Florida Department of Transportation (FDOT) for landscape development
improvements within the unpaved areas within the right-of-way of SR 29 at Downtown
Immokalee.
OBJECTIVE: That the Board issue a Resolution approving, and authorizing the Chairman to
sign, a Highway Landscaping Installation and Maintenance Highway Agreement with FOOT for
the landscape development improvcment'5 within the unpaved areas within the right-of-way of SR
29 at downtown Immokalee.
CONSIDERATION: The Immoka1ee Beautification MSTU applied for and was awarded 2
State Grants for the beautification of the Downtown Area. The Immokalee Beautification MSTU
Advisory Committee voted on May 19,2004 to use this grant money and additional funds in the
lmmokalee Beautification MSTU Fund 156 to beautify SR 29 from 9th Street at Downtown
Immokalee Nortb to the lntersection of SR 29 and Wesc10x Street and New Market Road with the
addition of their Blue Light Decorative Street Light': and side of the road trees.
,-
FISCAL IMPACT: The consultants cost estimate for this project is $875,164.00. The FOOT
grants are for $100,000.00 in 2004 and $200,000,00 in 2005, for a total of $300,000.00.
Additional Funds are available in the lmmokalec Beautification MSTU Fund 156 in
Improvements General in the amount of $520,431.00 and Reserves for Future Construction
$397,600.00.
GROWTH MANAGEl\IENT IMPACT: None.
RECOMMENDATION: 111at the Board issue a Resolution approving, and authorizing the
Chairman to sign, a Highway Landscaping lnstallation and Maintenance Highway Agreement
with FOOT for the landscape development improvements witbin the unpaved areas within the
right-of-way of SR 29 at downtown Immokalcc.
-
Agenda Item No. 16812
June 22, 2004
Page 1 of 15
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
Item Number
.16812
Item Summary
R0r.r~mmendat:or: to <lpprOVe 3 Resoluti....}r. aU!ho:i;-:ing 1he Chaim1an to sign a
Highway Landscaping instn!!ation and Maintenance Agreement w,m the Flonda
Departl1"..1nt of Transportation (FDOT) for land5!'..ape development
impm\mmf,n!5 within the unpaved areas within the right-of-way oJ! SR 29 in
Downtown imr:K,kah1e
Meeting Date
i.1t22i2004 9:00:00 AM
Prepared By
8';;" P"t.ersen
Ploj"ct Mllnag<l;
MII"2004 3:29~:::6 PM
Tmt"lsportion S<orvice&
Traffic OpGr.\ti<msi ATM
Approved By
Oia,,... 8. Flagg
Tt"~ffi(; OpQrati~H'~ :'lnd A1t Tn\r':s
Modes OIr"ct"r
0;'1"
Tral1S!,Mtion SarviclOfO
TrMlil; O!,~raUut"ls! ATM
lil~!l;2\1\14 12:44 >'M
Approved By
Sharon Newrr,;",
Accounting Suparviso:.
Data
Traf15portion SGrvice:s
Tr2.l1"po:t3tion A::lmmistf3tion
1;,; 0i2tHI4 1 :56 PM
Approved By
Norm E. Feder. A:CP
Traf1sport~tion Oivisk..n ;&.ctmtnistr3.tof
Oat<l
Transport/on 5"..'1i......5
Trar:sp(;:t~tj~ln Sq:""'t~es Acmiro
6!::1Z004 3:26 PM
Approved By
Di~:U19 P~rj""'iln~n
E.:!.Q;.~l..:t:.....* S~...~r9t;s:'f
D~t~
Transpofticr. S~rvic~s
Tt.~f1S:.h~!tati!jn S~fvicas Aci:nin.
61~~;2\1G4 4;40 PM
Approved By
Pat lelmh:m:l
Acm;~;"tratl..;; A!<!<ist3nt
Oa.te
County Manager's OffiC<l
Offic.e of M;.:mag",ment &. 8udget
!;;.1~;2(W4 5::9 PM
Approved By
Mien3",l $mykowski
Miln3gem.:-nt & 8udget w:mctor
Oat<l
CO:Jr'\Y Manil\i<ll'S Oftlr;"
Off;';", ;,,If M~:1f1g~ment .& 8l:dgQ;'
6!:512004 7':29 PM
Approved By
.!amas V. Mudd
Cnuntl' Man;;:Y(;;.f
D,lt"
Soa.rd of COUt"lty
C...HJnty Mi;11':~g6r->s Off:(;~
6!:fi12004 51:3\1 AM
CI';.:nmissjrjOltlNi
Approved By
So:> P<ot<ll-,;en
P!'O~l:H~t M.':flagar
Oa\a
Tran5portiol1 Servicl>s
Traffic Operation!<! A TM
1;''Ji2(1(14 3:32 PM
Agenda Item No. 16812
June 22, 2004
Page 2 of 15
RESOLUTION NO. 2004-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING TIlE
CHAIRMAN TO EXECUTE, TWO (2) HIGHWAY LANDSCAPING
INSTALLATION AND MAINTENANCE AGREEMENTS WITH THE STATE
OF FLORIDA DEPARTMENT OF lRANSPORTATION, FOR LANDSCAPE
DEVELOPMENT IMPROVEMENTS WITIDN THE RIGIIT-OF-WAY OF S.R.
29 IN DOWNTOWN IMMOKALEE.
WHEREAS, the State of Florida Department of Transpoluition (FDO'I) is willing to enter
into two (2) Highway Landscaping Installation and Maintenance Agreements ("Agreements")
with Collier County, wherein upon written approval of a Landscape Development and
Technical Maintenance Plan by FOOT, Collier County will install and maintain certain
landscape development improvements (including decorative street lights and trees) within the
right-of-way of S.R. 29 in downtown Immokalee; and
WHEREAS, FOOT is willing participate in this project for design/construction in a
combined amount up to $300,000; and
WHEREAS, the Collier County Board of County Cummissioners finds that it is in the
public interest to install and maintain landscape development improvements within the right-of-
way of S.R. 29 in downtown Immokalee, and that these Agreements are in the best interest of
the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUNTY
COMMISSIONERS OF COlLIER COUNTY, FLORIDA. that:
The Board of County Commissioners approves che Agreements and authorizes its
chairman. Donna Fiala, to execute the Agreements.
A certified copy of this Resolution will be fOIT-Iarded by the Collier County Clerk to
mOT along with the executed Agreements.
TIllS RESOLUTION ADOfYfED after motion, :;~~()nd, and majority vote favoring
same, this _ day of
,2004.
A TrEST:
DWIGIIT E. BROCK, Clerk
BOARD OF C\)tJNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:____
DONNA FiALA,. Chairman
A
Agenda Item No. 16812
June 22, 2004
Page 3 of 15
~
,
",.-
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY LANDSCAPING INSTALLATION
AND MAINTENANCE AGREEMENT
(WITH PLANS TO BE APPROVED SUBSEQUENT TO THE EXECUTION OF TffiS AGREEMENT)
THIS AGREEMENT, made and entered into this _ day of . 2004, by at
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinaft
referred to as the DEPARTMENT, and COLLIER COUNTY, hereinafter referred to as tl
AGENCY.
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Roads as part
the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape developme
improvements within the unpaved areas within the right-of-way ofSR 29 @DowntownImmokah
FM# 407977 1 58 01 programmed in fiscal year 2003/2004 hereinafter referred to as the PROJEC
and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreem~
designating aild setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution dated , a copy ofwhi
is attached hereto and made a part hereof, has authorized its Chairman of the Board of Cow
Commissioners to enter into this Agreement on behalf of the AGENCY;
NOW, THEREFORE, for and in consideration of the mutual benefits to flow Each to 1
other, the parties covenant and agree as follows:
1. The AGEN CY hereby assures the DEPARTMENT that subsequent to the executi
of this Agreement it will:
(a) Ascertain the location of all existing utilities, both aerial and underground.
letter of notification and plan of the landscape development improveme.
will be mailed no later than to the followi
utili ties/municipalities:
(b)
Comply with all permit requirements from the appropriate agencies (cour
municipality, etc.) in connection with the activities described hereunder.
Outdoor advertising is specifically excludei..~omdtfit. ArW~mef6~f.ZCordance ~
Section 479.11, Florida Statutes. en a ~une ~2, 2004
Page 4 of 15
~
'.
.,
2. The AGENCY hereby agrees to install the landscape development improvements
accordance with a Landscape Development Plan to be approved by the DEPARTMENT subseque
to the execution of this Agreement Such installation shall be in conformance with Rule 14-4
Florida Administrative Code, and the Highway Landscape Beautification and Plan Review ProcechJ
(Topic 650-050-00 I-c), as they maybe amended from time to time. No work shall be authorizl
to begin prior to the written approval of the Landscape Development Plan by tl
DEPARTMENT.
3. The AGENCY agrees to maintain the landscape development improvements
accordance with a Technical Maintenance Plan to be approved by the DEPARTMENT subsequc
to the execution of this Agreement. No work shall be authorized to begin prior to the writt.
approval ofthe Technical Maintenance Plan by the DEPARTMENT.
4. Designated personnel as directed by the District Secretary or his designee may inspc
and evaluate this project and issue a written report if a deficiency or unsatisfactory condition
noted. If deficiencies and/or unsatiSfactory conditions are not corrected within thirty (30) days, t
District Secretary or his designee shall have the option to do one of two things:
(a) Correct and maintain the landscape improvements with DEPARTMEN1
contractor or DEPARTMENT's personnel and charge the AGENCY fort
reasonable value of said work.
(b) Remove by DEPARTMENT's contractor or DEPARTMENT's per
all landscape improvements, return the right-of-way to its original conolti
and charge the AGENCY the reasonable value for such work.
5. The DEPARTMENT agrees to a maximum participation in the Project, includi
contingencies, in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00).
6. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY sh
indemnify, defend, save and hold harmless, the"DEP ARTMENT and all of its officer:. agents
employees from all suits, actions, claims, demands,liability of any nature whatsoever arising out
because of, or due to breach of this Agreement by the AGENCY;-its officers, agents, or employ~
or due to any negligent act or occurrence of omission or commission ofthe AGENCY, its office
agents, or employees. Neither the AGENCY, nor any ofits officers, agents, or employees will
liable under this section for damages arising out of injury or damage to persons or property direc
caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents
employees.
7. The AGENCY covenants to keep in force during the period of this Agreement pub
liability insurance, property damage insurance and worker's compensation insurance through
insurance policy(ies) or the AGENCY's self insurance program.
8. This Agreement shall remain in effect until such time the AGENCY
DEP ARTMENT wishes to cancel said agreement and this shall be done in writing giy;
AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements sh....
removed by the AGENCY and the DEP ARTMENT'A~ft'M)'N"otutt1flt1!l its origit
condition. If, after thirty (30) days, the landscape improvements mJJe iW\ Btlili1removed, t
Page 5 of 15
'i
DEP ARTMENT may, at its option, proceed as follows:
(a) Maintain the landscape improvements within the limits of said project with
DEPARTMENT's contractor or personnel and charge the AGENCY for the
reasonable value of said work;
OR
(b) Remove by DEPARTMENT's contractor or personnel aU of the landscape
improvements, return the right-of-way to its original condition, and charge
the AGENCY for the reasonable value of such work.
9. The term of this Agreement commences upon execution by both parties. The
Landscape Development Plan and the Technical Maintenance Plan shall be completed and submitted
for approval by the DEPARTMENT on or before . Utility
clearances shall be obtained on or before . Construction shall be
completed on or before
10. This writing embodies the entire Agreement and understanding between the parties
hereto and there are no other agreements and understanding, oral or written. with reference to the
subject matter hereof that are not merged herein and superseded hereby.
11. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the written consent of the DEPARTMENT.
12. This Agreement shall be governed by and construed in accordance with the laws of
the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
I'
'-
H:lDEMO/SHAREDILANDSCAPfMOAJ.DOC
3
Agenda Item No. 16812
June 22, 2004
Page 6 of 15
..,/A 1.-,;
"
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Chairman
BY:
District Secretary
ATTEST:
TITLE:
(SEAL )
.\ TTEST: (SEAL)
Executive Secretary
flcionc::y
Lc;::gal Review:
District Legal Counsel
,.
,.~
4
Agenda Item No. 16812
June 22,2004
Pag.e 7 of 15
'.
,---...,
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
IDGHW A Y LANDSCAPING INST ALLA TION
AND MAINTENANCE AGREEMENT
(WITH PLANS TO BE APPROVED SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT)
Tms AGREEMENT, made and entered into this _ day of . 2004, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the DEPARTMENT, and COLLIER COUNTY, hereinafter referred to as the
AGENCY.
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Roads as part of
the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape development
improvements within the unpaved areas within the right-of-way ofSR 29 @DowntownImmokalee;
FM# 407977 1 58 01 programmed in fiscal year 2004/2005 hereinafter referred to as the PROJECT;
and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution dated . a copy ofwhich
is attached hereto and made a part hereof, has authorized its Chairman of the Board of County
Commissioners to enter into this Agreement on behalf of the AGENCY;
NOW, THEREFORE, for and in consideration of the mutual benefits to flow t2ch to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby assures the DEPARTMENT that subsequent to the execution
of this Agreement it will:
(a) Ascertain the location of all existing utilities, both aerial and underground. A
letter of notification and plan of the landscape development improvements
will be mailed no later than to the following
utili ties/ muni c ipal iti es:
(b)
Comply with all permit requirements from the appropriate agencies (county,
municipality, etc.) in connection with the activities described hereunder.
Outdoor advertising is specifically excluded from this AgrAement in accordance wth
Section 479.11 Florida Statutes. genaa Item ~o. 16t:S r2
, June 2.2, 2004
Page 8 of 15
"
2. The AGENCY hereby agrees to install the landscape development improvements in
accordance with a Landscape Development Plan to be approved by the DEPARTMENT subsequent
to the execution of this Agreement. Such installation shall be in conformance with Rule 14-40,
Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure
(Topic 650-050-001-c), as they may be amended from time to time. No work shall be authorized
to begin prior to the written approval of the Landscape Development Plan by the
DEPARTMENT.
3. The AGENCY agrees to maintain the landscape development improvements in
accordance with a Technical Maintenance Plan to be approved by the DEPARTMENT subsequent
to the execution of this Agreement. No work shall be authorized to begin prior to the written
approval of the Technical Maintenance Plan by the DEPARTMENT.
4. Designated personnel as directed by the District Secretary or his designee may inspect
and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is
noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the
District Secretary or his designee shall have the option to do one of two things:
(a) Correct and maintain the landscape improvements with DEPARTMENT's
contractor or DEPARTMENT's personnel and charge the AGENCY for the
reasonable value of said work.
(b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel
all landscape improvements, return the right-of-way to its original condition
and charge the AGENCY the reasonable value for such work.
5. The DEPARTMENT agrees to a maximum participation in the Project, including
contingencies, in the amount of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).
6. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall
. r
indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or
employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of,
because of, or due to breach of this Agreement by the AGENCY;-its officers, agents, or employees
or due to any negligent act or occurrence of omission or c0Gj:-r~ssion of the AGENCY, its officers,
agents, or employees. Neither the AGENCY, nor any ~,f :t~ officers, agents, or employees will be
liable under this section for damages arising out of injury or l.:mage to persons or property directly
caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or
employees.
7. The AGENCY covenants to keep in force during the period of this Agreement public
liability insurance, property damage insurance and worker's compensation insurance through an
insurance policy(ies) or the AGENCY's self insurance program.
8. This Agreement shall remain in effect until such time the AGENCY or
DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the
AGENCY or DEPARTMENT thirty (30) days nonce. .'-\11 landscape improvements shall be
removed by the AGENCY and the DEPARTMENT's right-of-wa1\gemmeltem ~.otijtiktQ
condition. If, after thirty (30) days, the landscape improvements have not beetl~a~~qQ~
Page 9 of 15
'.
DEPARTMENT may, at its option, proceed as follows:
(a) Maintain the landscape improvements within the limits of said project with
DEP ARTMENT's contractor or personnel and charge the AGENCY for the
reasonable value of said work;
OR
(b) Remove by DEPARTMENT's contractor or personnel all of the landscape
improvements, return the right-of-way to its original condition, and charge
the AGENCY for the reasonable value of such work.
9. The term of this Agreement commences upon execution by both parties. The
Landscape Development Plan and the Technical Maintenance Plan shall be completed and submitted
for approval by the DEPARTMENT on .or before . Utility
clearances shall be obtained on or before . Construction shall be
completed on or before
10. This writing embodies the entire Agreement and understanding between the parties
hereto and there are no other agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
II. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the written consent of the DEPARTMENT.
12. This Agreement shall be governed by and construed in accordance with the laws of
the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
,.
.....
H:IDEMOISHARED,LANDSCAPIMOAf.DOC
3
Agenda Item No. 16812
June 22, 2004
Page 10 of 15
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
COLLIER COUNTY. FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Chairman
BY:
District Secretary
A TrEST:
TITLE:
(SEAL)
A TrEST: (SEAL)
Executive Secretary
Approved a
Legal Review:
fficiency
District Legal Counsel
i'
".
4
Agenda Item No. 16812
June 22,2004
Page 11 of 15
IMMOKALEE BEAUTIFICATION
M.S.T.U. ADVISORY COMMITTEE
Minutes
Mav 19.2004
I. Meeting was called to order by Chairman Sharon Tims at 4:10 PM.
II. A TIENDANCE:
Members: Sharon Tims, Dorcas Howard, Bernardo Barnhart and Cherryl
Thomas (4:22), Rita Avalos (Excused)
County: Bob Petersen-Project Manager/Landscape Operations, Christina
Perez-Code Enforcement
Others: Mike McGee-McGee & Assoc., Robert Kindelan-CLM, Sue
Chapin-Manpower Services
A quorum was established at 4:22 PM.
III. APPROVAL OF AGENDA: No quorum
IV. APPROVAL OF MINUTES: April 21, 2004
v. TRANSPORTATION SERVICES REPORT:
A. Budget - Bob Petersen handed out the Budget report - (Attached)
The Revenues, Transfers and various line items were covered and
explained. Bob will check on the Insurance line item.
VI. TRANSPORTATION MAINTENANCE REPORT: CLM
· Irrigation on 846 - leaks etc. will be fixed.
· Foxtail Palms - State Road 29/Main St. (Take out & put back in)
· 2 Brick Planters hit by car - Need to remove bricks & replace.
. Will check with police reports on the incident for insurance purposes - the
monies collected will go back into the MSTU's Operating Budget.
VII. LANDSCAPE ARCmTECTS REPORT: Mike McGee
A. Report on Phase 1m & III
. Leaks on 846 - checked
. Plant material overall is looking good.
· No copy of Plan for downtown area yet.
(Cherry) Thomas & Bernardo Barnhart arrived at 4:22 PM)
· Phase III will now be Phase IV. Working on PO clearance. (Lighting)
Agenda Item No. 16812
June 22, 2004
Page 12 of 15
1
. Paper work needs to be filled out and funds secured with Resolution
approved by Board of County Commissioners.
. Committee felt putting trees along the road should be included in the
plan for beautification.
. Phase III (South end) will be put on hold until funding or other options
are available.
Sharon Tims moved to proceed with Phase IV from 9th Street to Westclox
with the lights and the trees along the roadway to be included in the plan.
This will also include planters. Second by Cherryl Thomas.
Mike mentioned he has not heard back from the Airport Authority or Hole
Montes on the road from Main to the Airport in re-doing the little triangle area
He didn't think it had funding and never went any further than the Conceptual
Plan. It can be looked into in the future.
Carried unanimously 4-0.
Being a quorum in now established Dorcas moved to approve the Agenda
under Item ill. Secon~ by Bernardo. Carried unanimously 4-0.
Under Item IV. Sharon moved to approve the minutes of April 21, 2004.
Second Bernardo. Carried unanimously 4-0.
Bob Petersen mentioned Val Prince is working on Phase lIB - Sidewalks off
Main Street. They are securing the State and Federal Funds. There are issues
with right-of-way. Mike McGee stated they need to prove the County owns the
right-of-way. Need to research if they were ever turned over to the County
properly. When the County can prove ownership, the plans will be submitted and
can proceed.
Bob also mentioned he can have the Joint Participation Agreement and funding by
the end of summer for Phase IV, but will take some time for the planning. Safety
issues need to be addressed with the lights and Mike McGee is waiting ~~,~ the
Purchase Order that needs clearance on changing the design. It will take I )
months to go through the plans and approval before going to bid. That", : ' k.:;
approx. 3 months and construction could possibly start by February 2005. nley
can start sooner if the plans and approvals are finished earlier.
Discussion followed on timeframes \vith all the entities involved.
Dorcas moved to accept June 2004 start date for Phase IV with construction
in February 2005. Second by Cherrfl Thomas. Carried unanimously 4-0.
VIll.
OLD BUSINESS:
A. Update on Extending MSTU Boundary - Bob Petersen
Not that large of an area - will be put on hold at this time until further
notice.
B. Code Enforcement Issues - Rick Torres
Christina Perez stated the parking at RCMA. Rick Torres was trained to
issue parking citations, but due to shortage of staff it was put on nold.
There are some violations in the right-of-way and will begin to t..L. - 'm.
Agenda Itern No : c)6 12
Ju{~8 22. 2004
Page 13 of 15
2
Many have started parking at Pizza Shack without approval. There were
conflicts. Citations will be issued. The parking issue and spaces being 50/50
were discussed and Christina found someone had advised Code Enforcement
there would be no enforcement. Rick is looking up the blueprints and it was
suggested Planning be asked how it was approved. Also suggested having the
person from Planning address the Committee on the problem and how it is to
be resolved.
Mike mentioned because of the limited property spaces, there are ways to
create parking on the side of the streets, but done with curbing and sidewalks
like Main Street. Much of the pavement has been stretched out beyond the
boundaries and right-of-way. It should be designed for parking area and
improvements with trees etc.
Philip Salinas is looking at the landscaping and vegetation at the Pizza Shack
and is addressing the issues.
Cherryl Thomas moved to have someone address the Committee from the
Planning Dept., and for them to investigate why the County gave
permission for the Pizza Shack to have partnership on the parking
situation, which is causing a problem and how they plan to deal with the
overflow. Second by Sharon Tims. Carried unanimously 4-0.
C. Reimbursement of Banners to CLM (Chamber) - Cherryl
Cherryl reported the Chamber will not reimburse CLM for the Banners
that were put up for them for their block party.
It was noted at the time by staff that it would be the responsibility of the
Chamber for the costs as they were the Chambers banners.
Sharon Tims moved to reimburse CLM for putting up the banners for
the block party. Second by Bernardo Barnhart. Carried unanimously
4-0.
Sharon Tims moved that any future items, such as the above, need to
come before the MSTU Committee, be submitted in writing and paid
prior to instaUation. Second by Cherryl Thomas. Carried unanimously
4-0.
IX. NEW BUSINESS
The June and July meetings will be canceled. The next meeting
scheduled will be August 18,2004.
X. PUBLIC COMMENT - None
XI. There being no further business to come before the Committee it adjourned at
4:50 PM.
The next meeting is scheduled for Wednesday, August 18th, 2004
4:00 PM,
At the Immokalee Community Park
321 First Street South,
Immokalee, FL
3
Agenda Item No. 16812
June 22, 2004
Page 14 of 15
FR01 : McGee & RSSOc i a tes
FAX HJ. 941 417 07013
Jun. 1[: :2D~:1-1 L. .~::';HM P1
Lcu\d.scape Arch.i. ~
~ TRANSMITTAL
o FACSIMILE
COVER SHEET
1Kdjee & A44<<i4te6
~ . ~~~ JAR-II --t. Pl........"'!J
5079 ~ad.lmi. TJ:ail. Baat
1Iapl_, non.da 341113
rbaDe: (23') 417-0707
Faz: (239) 417-0708
Mr. Robert L Petersen
Protect Manager
AJtemative Transportation MOdeS Depl
2105 so. Horseshoe Drive, Naples. F1a
(239) 21~5890
I ~: I =~e~~'< -..-
---l
i
Company:
AddrHS
Fax No:
Subject:
M&A Project No.:
ImmokaJee MSTU Beautification
lmmokalee SR 29 North Ph. IV
To:
Number of Sheets to Folow This Cover Sheet: 1
Original to Follow by Mail: DYes ['No
We are Tnmsmiaing the F08ow1ng~ 0 Letter 0 Proposal 0 Sketch 0 Invoice 0 legal description
C33 Other Pha.. IV- Preliminary Opinion of Cost
o For appmvaI 181 For your use 0 For your informatiOn
1ZI As requested
o Replv is requested
II
~
I
Bob:
Pl8ase find attached our opinion of costs fortne Immokalee MSTU Beautification Phase IV, SR 29 N, street lighting and
roadside tree planting ~ project.
1. Roadside Tree Plantings: Tree generatly 75' to 100' on center with bubbeer irrigation systems. $302,500.00
Estimated Qty.
215 -100 gal. trees & bubblers
2. Street fighting: Renovation of existing systems and installation of new systems to provide
matehing downtown deoondive lighting from N. 911 Stteet to WNew Market Rd. (2 mi.) $495,720.00
Estimated Qty.
S2-S1. fixture poles & bases CD 200' 0.c..1 o-Double fOO.ufi~ poles & bases @ intersections
MocIfy bisting Io8d center, Install 1 - new toad centet
Modfy existing wiring conduits. Instal. new wiring conduit
3. Design and SefVice During ConstnJdion Fees: ~ 76.944.00
Project Total: !;875.184.00
The above opinion of costs is based upon recent past ptjdng for simila1' lighting and landscape improvement projects.
The 1bdum being used are steel and currently steel pricing are ioor&a~I'~.
10% eontingency is built into estinudes.
Copies To: Fie From: Michael A. McGee. r.l.a.
Signature:
.I"'''~. ~
NOTe 1lw.....- ~ in IIliI __ .-.. 1& ~ ,.,.., ClJtIf~ Infannalloll i_ 0fI1y 10( tno u,.. ot lndM4U8l 0( omily
-- --. If 1M ...... of.. .--.... ... IIlIl tM ~ ....... lIIID .. __ IIIl8IW1 .. an, .... ci&Mmiratian. di'&tribution or copy of Ul~ t.NcDpy i& Uriclty I
~. .~ "*"'......""*~ift_...- il'I1IH:fIII I '" necIy_~toleclll_ -&IIll1'~,"11l11141 orlgil\all1"~ \'US'1~~~~ SI*G
--June 22, 2004
\~\lAVIiIIp\Projcdl'lCC"Irms. J)qJc\MSTUs\lMNO~~I~ MSTU Pbu IV-9lhto Westcto)(\T~ Pr(;;'~Jr..~\C~
~~~PHIV~orCOd~.lIA.dQe
~-
EXECUTIVE SUMMARY
Recommendation to approve a Resolution to establish a "No Parking, No Stopping, No
Standing" zone along the north side of Bluebill Avenue, from Vanderbilt Drive to Gulf
Shore Drive at a cost of approximately $800.
OBJECflVE: Approval of a Resolution to establish a "No Parking, No Stopping, No
Standing" zone along the northem right-of-way of Bluebill Avenue from Vanderbilt Drive
to Gulf Shore Drive.
CONSIDERATIONS: Delnoir Wiggins Slate Park is located at the weSl end of Bluebill
Avenue with its entrance gate just west of Gulf Shore Drive. On weekends and holidays the
number of drivers wishing to enter the Park often exceeds the number of parking spaces
within the park, creating a condition in which the gates are closed until vehicles leave the
Park making room for other vehicles to enter. Sheriff's deputies report that drivers are
queuing along Bluebill Avenue, blocking passage of traffic, waiting extended periods of time
for an opporlunily to enter the Park. Upon the request of the Collier Counly Sheriffs Office
that a parking, stopping, and standing prohibition be established along Bluebill Avenue,
personnel from Traffic Operations investigated the site and problem and concur with the need
for such a restriction.
-
It is deemed in the best interest of local residents, emergency vehicle response, and general
Collier County traffic to prohibit parking, stopping, and standing along Bluebill Avenue,
providing safer and more efficient roadway conditions for Collier County drivers.
FISCAL IMPACT: The estimated cost of installation for the eight necessary "No Parking,
No Stopping, No Standing" signs is $800.00, for which funds are available in Transportation
Services (101).
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve the attached Resolution and di reet the
Traffic Operations Section to install the appropriate signing.
-
Agenda Item No. 16813
June 22,2004
Page 1 of 3
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B13
Recommendation to approve a Resolution to establish a "No Parking, No
Stopping, No Standing" zone along the north side of Biuebill Avenue, from
Vanderbilt Drive to Gulf Shore Drive at a cost of approximately $800.
6/22i2004 9:00:00 AM
Prepared By
Robert W. Tipton, P.E.
Transportion Services
County Traffic Operations Engineer
6/4/20044:53:23 PM
Traffic Operationsl ATM
Approved By
Diane B. Flagg
Transportlon Services
Traffic Operations and Alt Trans
Modes Director
Date
.Traffic Operations! A i'M
6/1012004 11 :59 AM
Approved By
Norm E. Fad~r. Alep
TraElsportion Services
Transportation Division Administrator
Date
Transportation Services Admin.
6/11/20043:19 PM
Approved By
Diane Perryman
Transportion Services
Executive Secretary
Data
Transportation S~rvices Admin.
6f11i2004 4:03 PM
Approved By
Sharon Newman
Transportion Services
Accounting Sl..IpelYisor
Date
.Transportation Administration
6/1412004 1 :40 PM
Approved By
Pat Lehnhard
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
6/15/20049:42 AM
Approved By
Mlchael Smykowski
County Manager's Office
Mcmagement &. Budget Director
Data
Office of Management & Budg~t
6/15i2004 10:22 .AM
Approved By
James V. Mudd
BOClrd of County
Commiss ioners
County Manager
Date
County Manager's Office
6/15/2004 12:26 PM
Agenda Item No. 16B 13
June 22, 2004
Page 2 of 3
RESOLUTION NO. 2004-_
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, TO ESTABLISH A ''NO PARKING, NO
STOPPING, NO STANDING" ZONE ALONG mE NORm SIDE OF
BLUEBD..L AVENUE, FROM VANDERBILT DRIVE TO GULF SHORE
DRIVE.
WHEREAS, on May 20, 1980, the Board of County Commissioners adopted Collier County
Ordinance No. 80-47 regulaLing parking in the unincorporated area~ of Collier County; and
WHEREAS, Section Four, Paragraph 2 of said ordinance authorizes the Board of County
Commissioners to adopt resolutions designating certain areas along County roads as being areas in
which parking, sLanding, or stopping are resLrieLed or prohibited, and upon adoption of said
resolutions by the Board of Commissioners, such roads shall be posted with signs spcdfying the
restrictions or prohibitions of parking, standing, or stopping; and
WHEREAS, a request has been submitted for the establishment of a ''No Pm:king, No
Stopping, No Standing" zone within a portion of the County right-of-way along the north side of
Bluebill Avenue, from VanderbilL Drive to Gulf Shore Drive; and
WHEREAS, through an investigation of the area by Collier County Transportation
Operations Department, it has been determined to he in the interest of the County to estahlL<;h a "No
Parking, No Stopping, No Standing" zone along this portion of the County right-of-way on Bluebill
A venue.
NOW, TIIEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Lhe County right-of-way along the
north side of Bluebill Avenue, from Vanderbilt Drive to Gulf Shore Drive, be designaLed as a "No
Parking, No Stopping, No Standing" zone and said road be posted as necessary with signs specifying
these prohihition.<;.
TIlTS RESOLUTION ADOPTED after motion, second, and majority VOle favoring the same
this
day of
.2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A TrEST:
DWIGHT E. BROCK. Clerk
Deputy Clerk
BY:
DONNA FIALA, Chairman
BY:
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
A.~sistant Collier CnWlty Attorney
Agenda Item No. 16813
June 22, 2004
Page 3 of 3
EXECUTIVE SUMMARY
Itecol1iIt1endatioIi toapptove. an InteragenCy agreernenthetween Collier COMty and the
$tat~ ()tFloridaDep~n~()tCorre<:tions, aendQC9rr~giOnal tD.$tit~ti()n,forc()nt.inge4
useofbnmite labor in RoadMaintenane~ Activities.
OBJECTIVE: To Obtain Board ~PI>roval of art interagenty agreement between Collier County
004 theS~te of Flori9iDe~ent of Corrections for the Use {)f inmat~s from th~ Itendry
Couectional Instituiionforpublic works projects in Collier County;
CONSIDERATIONS: The Board, meeting in regular session on September 28, 1999,a.pproved
:an ln~l1!-gency agreementl>etw~n Collier County ll.1ld the State~p~ntof Correction~for
the use of inmates froffi.the Ht}udryCorrec:tional InstitutiOn for publicwork~ proj~ts in Collier
Countyip aCCQrdlUlGe witbCbapter 946~flQrida Statutes aI14. Rules of the Departmen.t of
Co:rteeuons, Chapter 33.601.201 and 33.601.202 (Agenda ftem16B2). The Hendry Correctional
Institution has provided this service to Collier Courtty lor. about 13 years.
Th~ Countyprovi4es mInor ro~wa.y sllfety equipment an4 toQls (~fety v~stS,sign$1~tc,) and ~
~st per year is about $.500. The wQrk perfQrmedby tbeimnates usuallyexcee<ls 1 Q,OOQman
bouts pet year in right-of-way clearing. litter pick -up and mafutenanc.eofdrainage facilities.
....-.
l1SCi\l'.JIMFApT:. Fllmls ~~llvailab.lein the Amount of $5()().OO in the TransportatiQn
Service.s Fund 101. The Source of the funds is ad volorem taxes. .
GROWTH MANAGEMENT IMPACT: There is no growthtnanagemeJit impact associated
with the Executive SUlllItlary.
RECOMMENDATION: That :the13oard of CmlI1ty CQnuni$Si()~ersllppJ:'Qve the interngency
agreement between CollietCounty and the State of FforidaDepartment of Corrections; Hendry
CorteCtlonalfustitutioJi, and liuthorize the Chairman to execute-same.
.-
Agenda Item No. 16814
June 22, 2004
Page 1 of 10
-"_._''''--'._~.~~\!I'._'..''.. -,
,,,-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16814
Item Summary
Recommendation to Approve an Interagency agreement beN/een Collier
County and the State of Florida Department of Corrections, Hendry Correctional
Institution, for continued use of inmate labor in Road Maintenance Activities.
Meeting Date
6/22120049:00:00 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Manager's Office
County Attorney Office
611 U/2004 1 :05 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
6/10/20042:17 PM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportion Services
Road Maintenance
6/10/20044:28 PM
Approved By
Diane Perryman
Executive Secretary
Date
Transportion Services
Transportation Services Admin.
6/11/2004 ~.fJJ 0"'1
Approved By
NQrm E. Feder, Ale?
Transporlation Division Administrator
Dat~~
Transportion Services
Transportation Services Admin.
6/14/200,< y ~^ .'.j;
Approved By
Pat lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Managem~nt & Budget
6/14/20n4 i;. ,...
Approved By
Michael Smykowski
Management &. Budget Director
Date
County Manager's Office
Office of Management & Budget
6/15/20043:2; MJ
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manag~r's Office
6f1512004 8;42 .AM
Agenda Item No. 16814
June 22,2004
Page 2 of 10
FLORIDA
DEPARThffiNT of
CORRECTIONS
(RECEiVED
H;;, - ) Lr,D, \
i, ;;~~!':il C"OUNTY i,
EGAD MAlNTB!=~!qE___
...~
Governor
JEB BUSH
A" Equal Opportunity Employer
260 1 Blair Stone Road. Tallahassee, FL 32399-2500
SCCR:tary
JAMES V. CROSBY, JR.
http://www.dc.state.f1.us
Hendry Correctional Institution
12551 Wainwright Drive
Immokalee, Florida 34142
June 1, 2004
Collier County Commissipners
c/o Collier County Road & Maintenance Department
402 Stockade Road
Immokalee, Florida 34142-9747
Re: InteragencylPublic Works Agreement
Local Agreement July 1, 2004 - June 30, 2005
Dear County Commissioners:
It is time to renew the local agreement between the Department of Correct:C''lslHendry
Correctional fustitution Work Camp and the Collier County Road and Maintenance I' ;c,tment
(Immokalee). Attached you will find the revised version of the agreement for your apv(.;,a.i and
signature. It is imperative that these agreements be approved in a timely manner so as not to
disrupt the positive impact that this work crew has on the Immokalee area.
Note on the bottom of page seven (7) of this agreement that this is an official DC Form and has
been approved for legality and format and therefore should not be changed.
We look forward to serving the Immokalee community for another year and as always if you
have any questions you may contact me at 239-657-3654 (ext) 463.
Yours truly,
even Wellhausen
Assistant Warden (Operations)
Hendry Correctional Institution
Agenda Item No. 16814
June 22, 2004
Page 3 of 10
1
~
FLORIDA DEPARTMENT OF CORRECI'IONS'
INTERAGENCY/PUBLIC WORKS AGREE:MENT
(LOCAL AGREEMENT)
This Local Agreement made and entered into this _ day of _ 20 . by and between the
State of Florida, Department of Corrections, through its institution/facility, Hendry c.!. Work
Camp(hereinafter referred to as "Department"), and the Collier County Road Maintenance
Department., (hereinafter referred to as "Agency''), is done so in accordance with section 946.40,
Florida Statutes and Rule 33-601.201, Inmate Work Program, and 33-601.202, Use of Inmates in
Public Works, Florida Administrative Code.
Work performed under this Local Agreement is determined to be value added or cost savings as
defined in the Corrunwrity Work Squad Manual (check one).
x Vable Added
_Cost Savings
L TERMlRENEW AL
This Local Agreement shall begin on the last date of signature by all parties.
This Local Agreement shall remain in effect from year to year unless terminated by either party,
pursuant to the provisions of Section YD., Suspension or Termination of Local Agreement.
II. FINANCIAL OBLIGATIONS
The Department and the Agency acknowledge that this Local Agreement is not intended to create
fmancial obligations between the parties. However, in the event that costs are incurred as a result of
either or both of the parties performing their duties or responsibilities under this Local Agreement,
each party agrees to be responsible for their own costs.
III. DEPARTMENT'S RESPONSffiILITIES
The Department agrees to provide, or is responsible for, those items delineated by placement of an
"X" in the space located to the left of the corresponding number. Items for which the Department is
not responsible shall be marked "N/A" to the left of the nwnber.
x
1.
Screen inmates for the work to be performed in order to assign inmates who do not
present a danger to property or persons.
X
2.
Provide up to ~ inmates each workday for the period of the Local Agreement.
Community custody ( ); Minimum custody ( ); Both (X).
X
3.
Provide Correctional Officer supervision of the work squad while performing work
under this Local Agreement.
X
4.
Provide 1 vehicle(s) and 1 Correctional Officer(s) each workday to transport inmates
to and from the work site. Agenda Item No. 16814
June 22, 2004
Page 4 of 10
ImJ:1ate Labor Agreement
NI A 18.
Page 3 00
Other. (If provided, shall be Attachment A, incorporated herein by reference and
made part of this Agreement) "Other" special considerations regarding activities of
the work squad may be based on work location, etc.
IV. AGENCY'S RESPONSmn..ITIES
The Agency agrees to provide, or is responsible for, those items delineated by placement of an "X"
in the space located to the left of the corresponding number. Items for which the Agency is not
responsible shall be marked "N/A" to the left of the number.
X
N/A 2.
N/A 3.
X 4.
X 5.
N/A 6.
X 7.
1.
Provide the Department with a schedule of hours that inmates will work in
accordance with the established workday for the Agency and the transportation time
required. Any deviation from the established schedule will be reported to, and
coordinated with, the Department.
The established schedule for this work squad is: Days 1 , Hours ~
Provide supervision of inmates in accordance with the Department's rules and
regulations while performing work under this Local Agreement. Non-Department
Supervisors may supervise Community and Minimum Custody inmates. Each Non-
Department Supervisor must successfully pass a background check that includes a
criminal history check, and must be approved by the Department's Agreement
Manager, or designee and complete required orientationltraining in the supervision
of inmates, prior to assuming supervision.
Provide transportation of inmates each workday to and from the work site.
Provide all tools, equipment, materials and safety personal items such as gloves,
rubber boots, hard hats, etc., necessary and appropriate for performance of the work
under this Local Agreement
Ensure that licensing or permits are obtained if required for the work to be
performed under this Local Agreement Provide necessary supervision and
guidance for projects that require a permit and require technical assistance to
complete the project.
Immediately notify the Department in the event of an escape while the inmate is
under supervision of the Agency. Report any inappropriate behavior displayed by
inmates or any inmate who fails to perform tasks in an acceptable manner.
Complete the Comm1.IDity Work Squad Activities Report, DC6-239 (to be provided
by the Department) daily and submit the form on a weekly basis to the Department
N/A 8. Report all inmate injuries, regardless of how minor in nature, to the Department as
soon as possible. Report any medically related complaints made by an irunate to the
Department as soon as practical. In cases of emergency, render first aid, within the
scope of the supervisor's medical training, to work squad inmates and provide
emergency health care and related assistance to the Dep~uia Item No. 16814
June 22, 2004
DC6-246 (Revised 4-04) Page 5 of 10
J
In.qlate Labor Agreement
Page 4 of7
N/A 9. Provide inmates with a fifteen-minute rest break in the morning and afternoon.
Lunch breaks shall nonnally begin at Noon and last at least thirty (30) minutes.
Ensure inmates are supervised during rest and lunch breaks.
N/A 10. Provide drinking water for imnates.
. N/A 11. Require each Non-Department Supervisor approved to supervise inmates and
other appropriate staff members, to attend orientation/training in the supervision
of inmates prior to assuming supervision of inmates and refresher training
annually thereafter. Training will be provided at a Department location. Upon
the Department's issuance of a Training Certification Card, the Agency shall
require non-department personnel to carry this card when supervising inmate
labor.
X 12. Ensure that all work assignments/projects utilizing inmates are authorized projects of
the municipality, city, county, governmental agency or non-profit organization and
that private contractors employed by the Agency do not use inmates as any part of
their labor force.
X 13. Agency hereby agrees to be liable for, and shall indemnify, defend and hold the
Department harmless from all claims, suits, judgments or damages including court
costs and attorney's fees arising out of intentional acts, negligence or omissions by
the Agency in its supervision of inmates pursuant to this Local Agreement If
agency is an agency or subdivision of the State of Florida, this paragraph shall not be
interpreted as altering the state's waiver of immunity in tort pW"Suant to Section
768.28, Florida Statutes, or to otherwise impose liability on Agency for which it
would not otherwise by law be responsible.
N/ A 14 Orientate each inmate in the use of equipment regardless of whether the inmate
claims to have had prior experience in the use of gasoline or electrically powered
equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate
Safety Training Documentation, to document that the inmate has had the training.
This report shall be kept on file at the contract work site and a copy shall be
provided to the Department
N/A 15. It is the intent of this Local Agreement that the agency/work squad have and
maintain communications with the institution at all times. A method of
communication (radios, cellular phone, etc.) shall be provided at no cost to the
Department. The Agency shall provide a primary method of communication that
shall be approved by the Department's Agreement Manager in writing prior to
assignment of the work squad. Dependent upon the method of communication
provided, the Agreement Manager may require a secondary or back-up method of
communication.
N/A
16.
Type of Communication utilized in this Local Agreement:
Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each
work squad. Agenda Item No. 16814
June 22, 2004
Page 6 of 10
DC6-246 (Revised 4-04)
~te Labor Agreement
Page 5 of7
X 17.
Ensure that the Work Squad does not work on school property or primary
elementary or secondary education institutions where students are present.
N/A 18.
Other. (If provided, shall be Attachment A. incOIporated herein by reference and
made part of this Agreement) "Other" special considerations regarding activities of
the work squad may be based on work location, etc.
v. AGREEMENT ADMINISTRATION
A. Department's Agreement Manager
The Warden of the Correctional Institution represented in this Local Agreement is
designated Agreement Manager for the Department and is responsible for enforcing
performance of the Local Agreement terms and conditions and shall serve as a liaison
with the Agency. The name, address and telephone number of the Department's
Agreement Manager for this Local Agreement is:
Warden
(Location)
(Address)
Ron Barry
Hendry Correctional Institution
12551 Wainwright Drive, Immokalee, Florida 34142
(Telephone #) 239-657-3654
(Fax #) 239-658-3547"
(E-mail)Barry.Ronald@mail.dc.state.fl.us
B. Community Work Squad Coordinator
The Assistant Warden designated by the Warden, is responsible for ensuring compliance
with the requirements of this Local Agreement
(Name)
(Title
(Location)
(Address)
Steven Wellhausen
Assistant Warden (Operations)
Hendry Correctional Institution
12551 Wainwright Drive, Inunokalee, Florida 34142
(Telephone #) 239-657-3654
(Fax #) 239-658-3547
(E-mail)WeUhausen.Steven@mail.dc.state.fl.us
C. Department's AlZTeement Administrator:
The Chief, Bureau of Purchasing, is designated Agreement Administrator for the
Department and is responsible for processing Agreement Amendments and terminations
of the Agreement, and will serve as a liaison with the Agreement Manager for the
Department The address and telephone number of the Department's Agreement
Administrator is:
DC6-246 (Revised 4-(4)
Agenda Item No. 16814
June 22, 2004
Page 7 of 10
J
~te Labor Agreement
Page 6of7
Chief, Bureau of Purchasing
Florida Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
(850) 410-4091
C. Agencv's Representative
The name, address and telephone nwnber of the representative of the Agency is:
(N am,e)
{Title
(Address)
(Telephone #)
(Fax #)
(E-mail)
VI. DISPUTES
Any dispute concerning performance of the tenns of this Local Agreement shall be resolved
informally by the Department's Agreement Manager. Any dispute that can not be resolved
informally shall be reduced to writing and delivered to the Department's Correctional Program
Administrator, Office of Institutional Support. The Correctional Program Administrator shall decide
the dispute, reduce the decision to writing, and deliver a copy to the Department's Agreement
Manager, the Agency Representative and the Department's Agreement Administrator.
VII. . SUSPENSION OR TERl\fiNA nON OF LOCAL AGREEMENT
The Department or the Agency may suspend or terminate this Local Agreement, in whole or in part,
with immediate written notice to the other party when the interests of the Department or Agency so
reqUIre.
VIll. AGREEMENT MODIFICATION
After execution of this agreement, any changes in the information contained in Section III., 2.,
and Section V., Agreement Administration, shall be provided to the other party in writing and a
copy of the written notification shall be maintained in the official agreement record.
Modifications to the provisions of this agreement, with the exception of Section III., 2., and
Section V., Agreement Administration, shall be valid only through execution of a formal
agreement amendment.
DC6-246 (Revised 4-04)
Agenda Item No. 16814
June 22, 2004
Page 8 of 10
~. ~ ..
Inmate Labor Agreement
Page 7 of7
IN WTINESS THEREOF. the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
AGENCY:
SIGNED
BY:
NAME:
(pRINTED)
TITLE:
regal ~ld1tCIIJ
DATE:
FEID #:
DEP ARTMENT OF CORRECI10NS
SIGNED
BY:
NAME:
(pRINTED) Ronald Barry
TITLE:
Warden
Department of Corrections
DATE:
Official DC Form # approved for legality and format and may not be
changed. IT changes are required, formal review and approval must be processed
through the Agreement Administrator listed in Section.V.
DC6-246 (Revised 4-04)
Agenda Item No. 16814
June 22, 2004
Page 9 of 10
t
~ate Labor Agreement
Page 2 of?
X 5.
X 6.
X 7.
X 8.
X 9.
X 10.
N/A 11.
Provide food and drinks for inmate lunches.
Provide drinking water for inmates.
Apprehend escapees and handle problem inmates.
Provide transportation from the work site to the correctional facility for inmates who
.. refuse to work, become unable to work, or cause a disruption in the work schedule.
Administer all disciplinary action to be taken against inmate( s) for infractions
committed while performing work under this agreement.
Provide for medical treatment of ill or injured inmates and transportation of such
inmates.
Conduct a background check, which includes a criminal history check, and obtain
approval of the Department's Agreement Manager, or designee prior to authorizing
Non-Department Supervisors to participate in training to supervise inmates.
N/A 12. Provide orientation and training to Non-Department Supervisor(s) approved to
supervise inmates prior to their assuming supervisory responsibility of an inmate
work squad. Training will be in accordance with the Department's guidelines for
Non-Department Supervision of Inmates and will include annual refresher
training during each successive year of supervision by the Non-Department
Supervisor.
N/A 13. Notify the Agency in the event that an Agency employee fails to provide proper
supervision of inmate( s).
X 14. Provide inmates with all personal items of clothing appropriate for the season of the
year.
X 15. Have inmates ready for transportation/work at the appropriate times regardless of
temperature or inclement weather, tmless notified by the Agency of suspended work
operations, or when the Department determines that a work squad should not check
out
X 16. Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each
work squad.
X 17. Orientate each inmate in the use of equipment regardless of the inmate ~ s claim to
have had prior experience in the use of gasoline or electrically powered
equipment before allowing the inmate to use it. Utilize fonn DC2-569, Inmate
Safety Training, to document that the inmate has had the training. This report
shall be kept on file at the contract work site and by the Department's Agreement
Manager.
Agenda Item No. 16814
June 22, 2004
Page 10 of 10
DC6-246 (Revised 4-04)
EXECUTIVE SUMMARY
Recommendation to approve Amendment No.6 to contract No. 91-1763 for Engineering
and Environmental Services with WJ.lsonMiller, Inc. for modification of the Gordon River
Extension Basin Study (Project No. 51005) to incorporate improvements associated with
the Goodlette-Frank Road Expansion. Fiscal hnpact includes $ 152,649.59.
OBJECTIVE: Approve Amendment No.6 with WilsonMi11er, Tnc. to perform engineering and
environmental services to update the Gordon River Extension Basin Model to reflect the
proposed Goodlette-Frank Road expansion.
CONSIDERATION: This amendment is needed to perform engineering and environmental
analysis to meet requirements of the SFWMD for improvements associated with the Goodlette-
Frank. Road expansion from four to six lanes between Golden Gate Parkway and Pine Ridge
Road and the re-construction of the intersection at Goodlette-Frank Road and Golden Gate
Parkway.
--
The consultant will modify the existing conditions of the Gordon River Extension Basin
computer model SWMM to incorporate the additional survey of the Goodlette-Frank Road west
drainage ditch and five control structures located between Golden Gate Parkway and Pine Ridge
Road. The consultant will implement the updated conditions of Gordon River Extension Basin
computer model to provide post-development data for the design of the stormwater management
system of the proposed Goodlctte-Frank Road expansion.
The company WilsonMiller, Inc. with the sub-consultant Camp, Dresser and McKee, Inc. is
L1JITently conducting in satisfactory manner detailed computer modeling and engineering
assessment and developed alternative solutions for the stormwater management of the Gordon
River Extension Basin Phase N (see Amendments No.3, 4 and 5). The staff recommends
amending the current agreement to include the Goodlette-Frank Road Expansion.
The goal of Amendment No.6 is to modify the SWMM model currently under development for
the Gordon River Extension Basin Study to reflect the planned improvements to Goodlcttc-Frank
Road.
FISCAL IMPACT: Funds in the amount of $152,649.59 are available in the Stormwater
Management CIP Fund (301), source of funds are ad valorem taxes.
GROWTH AND MANAGEMENT IMP ACT: The development of the Gordon River
Extension Basin Study is consistent with the Drainage Sub-element of the Public Facilities
Element of the Growth.
--
RECOMMENDATION: The Staff recommends that the Board of County Commissioners
approve Amendment No.6 to Contract No. 91-1763 for EngineeringlEnvironmental Services
with WilsonMiller, Inc., authorize the Road Maintenance Director to sign for the Board, and to
acknowledge that future phases of the Gordon River Extension Study may be undertaken in
future amendments to the agreement.
Agenda Item 16815
June 22, 2004
Page 1 of 21
.-r~"
-..
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONERS
.-,-,
Item Number
16815
Item Summary
Recommm1ojaticn to appmV.3 Amf:ndment Nc. 6 to contra.:;! No. 91.1i.63 for
Engineering ilnd En....irc:-nmenta! Sr:rvicr:s with WilsonMilier, Inc. fm rnoditicaticn
of t!la Gordon Rive. Ex1sn"ion Basin Study (Project r~(J. 51005) to irlQ."J!"pO.ate
lmpmvsments as.'.ociated ....it!l the Goodletta-Frank Road Exparsion. Fi:>cal
Impdct Include" $ 152.649.59.
Meeting Date
(>12.212004 9:C-o~OO AM
Approved By
Unda .Iack"on
Contracts AIli'nt
Oat>>
Adr"',,'sU-ati,,.. Ser..lee>\
Pun:h<l>\lng
E!1101l<lC4 2;35 PM
Approved By
Gerald Kuriz
Selllor E."'glneer
Data
Transpcrtloo Serv:ces
Road M3intf>nance. St\:lrmwater
6111120041 ;5~ PM
Approved By
I"(l"'-<>r Hayden
Project M3n3gfJr
Date
Tr:c:lnspc>rcon Sel''i;C~S
R!J~d M~tnt~{f~!l<.;e
6111!21)04 2: 14 PM
Approved By
Nl.>rm E. Foof>r, Aiel'
Tr~n3:p!Jrtati:.>n Div~!a~!Jn Adn1lnistratcr
Date
Tran9pl>rtion Se,..ie"9
Tnmspvrtatjl}n $i'l'Iic<>s Admin.
EU11120C43;1J ?M
Approved By
G:o.ia H"r;llm
ManagementiBu;lget Am,ly',t
O"t..
TransfJortl<lol'! Ser....:c..s
T rar.sport"t!an Opr,fatioOls
6114120047.'15 AM
Approved By
Sl1aro.., N~-wman
Acco:.mtlng Supervisor
Date
Tran"pcrtjrn; Service"
TrnnspoS---wtiiln A.dmk;;!;trano:1
6!Hr;.to(.~ 1 ::is PM
Approved By
Di<ln.. Fer':''''l''''
E~a.cutivtl S~c.re~!y
Date
Transpartion S~r'w-:t:its
Tra~s.p(l'U:lli:>n Sef"l= Admin.
6114!21)04 ~:57 PM
Approved By
Pat lllhnhard
Administrative Assistant
Oatl!
COO,into/ M:S;,lJ9vr't< Oftl~"
Offk.e ct Management & 1!It:dget
6114120<)4 4: 1.' PM
Approved By
SU~:lI:"t Ushui'
S..nior M<l'lll9l>m..ntlBudget A~ll!yl\t
O"t..
County Manager's Off,oe
Oftk<> of Managllmllnt ~ E3udget
61151200410:27 AM
Approved By
Michae; Smykowskl
Manali~mllr;t ~ !3udget Dlr<:-:tor
Date
Cc,,~ty M~n~ge"'1< Off:ce
om;;.. of M"""9..rn..,,: &. Budil..t
c>i15!2r.-CM 10:'~6 AM
Approved By
.J:."",,,s V. M"dd
Bcarrl f;f Co.mty
Cf}rr;,m:'?CJiDf~";'f"S
Calm:y M:.n:.g'"
Date
Count:; Mana;;lef~s Cff1;:e
6!1512004 2:57 PM
Agenda Item 16815
June 22, 2004
Page 2 of 21
Tasks associated with joint Goodlette-Frank Road / Gordon River Basin Project
Coordination
1 PURPOSE
The purpose of this Exhibit is to describe the scope of work and the responsibilities of
American Consulting Engineers of Rorida (hereinafter referred to as American),
WilsonMiller, and the COUNTY in connection with the data acquisition, data preparation,
and Storm Water Management Model (SWMM) modeling required to meet the South
Florida Water Management District (hereinafter referred to as SFWMD) request associated
with the Environmental Resource Permitting (hereinafter referred to as Goodlette-Frank
Road ERP) for the:
9 Expansion of Goodlette-Frank Road from four to six lanes
9 Construction of an improved intersection at Goodlette-Frank Road and
Golden Gate Parkway
The goal of this joint project effort between the COUNTY, American and WilsonMiller is to
modify the SWMM model currently under development for the Gordon River Extension
Basin Study to reflect the planned improvements to Goodlette-Frank Road. Both project
teams will develop designs that are complementary to both County projects. However, it is
possible that final design, permitting or budgetary constraints associated with one project
may necessitate the re-design, additional permitting, or re-construction of completed
facilities in order to expedite the other County project. The joint tasks described herein will
be done in the following order:
1. Incorporate the additional survey data into the Gordon River existing conditions
SWMM model.
2. Modify the Gordon River existing conditions SWMM model to develop various
improvement scenarios for the Goodlette-Frank Road stormwater management
system.
3. Select the preferred scenario to be implemented in the Goodlette-Frank Road
project.
4. Incorporate the Goodlette-Frank Road preferred scenario into a new alternate
improvement scenario for the Gordon River Extension Basin Study.
5. Continue with the design and permitting tasks associated with each project.
Steps 1-3 above will be done jointly between the Goodlette-Frank Road and Gordon River
Extension Basin Study teams. Steps 4 and beyond will be done independently by each
team.
This Scope of Services establishes which items of work will be the responsibility of
American, WilsonMiller, and the COUNTY.
All plans and design documents related to the Goodlette-Frank Road project are to be
prepared with standard English values in accordance with all applicable Florida Department
of Transportation (hereinafter referred to as FOOT) Manuals and guidelines and as directed
by the COUNTY.
American and WilsonMiller shall be aware that as a project is developed, certain
modifications and/or improvements to the original recommendation may be required.
American and Wilson Miller are to consider up to two (2) modeling scenarios into the design
and will consider this effort to be an anticipated and integral part of the work to the extent of
the available budget for each contract. Agenda Item 16815
June 22, 2004
Page 3 of 21
It shall be American and WilsonMiller's responsibility to perform the services described
herein in a manner consistent with that degree of care and skill exercised by members of
the same profession currently practicing under similar circumstances.
The COUNTY will provide contract administration, management services, and technical
reviews of all work associated with the development and preparation of the Goodlette-
Frank Road ERP. The COUNTY will provide job specific information and/or functions as
outlined in this contract. The COUNTY will coordinate internal communications related to
both projects.
2 PROJECT DESCRIPTION
WilsonMiller, in cooperation with American, will modify the existing conditions Gordon River
Extension Basin SWMM computer model to incorporate the additional survey of the
Goodlette-Frank Road west drainage ditch and the five (5) control structures located
between Golden Gate Parkway and Pine Ridge Road. The additional survey will also
include three drainage reaches that connect the Goodlette-Frank Road west drainage ditch
to the Gordon River. The location of th~ reaches are as follows: a new Reach 02A to be
located south of and near Golden Gate Parkway, Reach 03 is located north of Golden Gate
Parkway and south of the Wilderness Country Club, and Reach 07 is located north of
Burning Tree Drive.
WilsonMiller, in cooperation with American, will then utilize the updated existing conditions
Gordon River Extension Basin SWMM computer model to develop post-development data
associated with American's proposed Goodlette-Frank Road stonnwater management
system. This data will be incorporated into the ERP application as the design data for the
proposed stonnwater management system. American will supply the proposed survey and
design data to Wilson Miller in digital and hard copy format.
3. PROJECT TASKS
3.1. Survey Data Collection - WilsonMiller
Horizontal control for all surveys will be based on state plane coordinates. Surveyed
infonnation will include visible and aboveground utilities and improvements.
3.1.1. Cross section Reach 03 and Reach 07, from the east side of the Goodlette-Frank
Road ROW to the Gordon River, (ditch cross-sections at 100 ft intervals).
3.1.2. Prepare a topographic survey on a 100' grid up to 50' beyond the property
boundary of the Royal Poinciana Golf Club Inc. stormwater management ponds
within the section of the golf course property that is west of the Gordon River, along
Royal Poinciana Drive and south of Burning Tree Drive. Field locate the SFWMD
and US Army Corps of Engineer jurisdictional wetland boundaries.
3.1.3. Prepare a topographic survey on a 100' grid up to 50' beyond the property
boundary of the "Fleischmann 18" property located north of Golden Gate Parkway,
east of Goodlette-Frank Road, south of The Wilderness Country Club and west of
the Gordon River. Field locate. up to five (5) seasonal high water elevations and up
to five (5) wetland/upland edge elevations. Field locate the SFWMD and US Army
Corps of Engineer jurisdictional wetland boundaries.
3.1.4. Prepare a topographic survey of a proposed new outfall r%9.c11 ~~~Jn~ 61~g
side of Golden Gate Parkway from the east Goodlette-FrarlR~B~ ~ t2 ~
I
Page 4 of 21
Gordon River (hereinafter referred to as Reach 02A). Field locate the SFWMD and
US Army Corps of Engineer jurisdictional wetland boundaries.
3.1.5. Provide up to an additional five (5) survey days within the Basin for the purpose
of collecting miscellaneous spot elevations or other survey data, as needed.
3.2. MODELING ANALYSIS - WilsonMiller
3.2.1. For Existing Basin Condition:
3.2.1.1. Incorporate American's Goodlette-Frank Road west drainage ditch and
weir survey data into SWMM model.
3.2.1.2. Incorporate survey data of Reach 03 and Reach 07 into the Gordon River
Basin Study SWMM model.
3.2.1.3. Incorporate survey data from the Royal Poinciana Golf Club into SWMM
model.
3.2.1.4. Incorporate the topographic survey data from the Fleischmann 18
property into SWMM model.
3.2.1.5. Submit ou1put data to American for design analysis in the form of a
technical memorandum that includes the raw data, tabular summaries of the
results, conclusions and recommendations.
3.2.2. For Proposed Stormwater Management Design:
3.2.2.1. Incorporate American's proposed Goodlette-Frank Road stormwater
management system design into the SWMM model for the 25-Year 3-Day and
100- Year 3-Day storm event for the following scenarios:
3.2.2.1.1. Incorporate the Royal Poinciana Golf Club Inc. ponds west of the
Gordon River and the proposed Fleischmann 18 property stGrmw3ter
management ponds into the Goodlette-Frank Road storrnwa:er
management system.
3.2.2.1.2. Incorporate the new outfall Reach 02A along the south side of Gelden
Gate Parkway to the Gordon River for the Golden Gate Parkway section
west of the Goodlette-Frank Road intersection.
3.2.2.2. Work with American during proposed stormwater management system
modeling to determine the most appropriate design of the storfT1\vnter
management system. In addition to the two (2) modeling scenarios identified
above, perform up to two (2) additional modeling iterations to refine the design
of the system, for a total of up to four (4) models.
3.2.3.Perform an analysis of environmental impacts associated with each scenario,
including the following tasks for the Fleischmann 18, Royal Poinciana Golf Club
and proposed Reach 02A parcels.
3.2.3.1. Conduct a field survey and prepare vegetation mapping using the Florida
Land Use, Cover and Forms Classification System (FLU~~<Mc#t~I~lifo6s::1r"S
June 22, 2004
Page 5 of 21
wetlands mapping for the site based on existing information, aerial photo
interpretation, and limited site observations. Determine the approximate
extent of vegetation associations constituting "native vegetation" to assist site
planning activities related to Collier County Native vegetation preservation
requirements. In addition, prepare soils exhibit for the site based on existing
NRCS soil survey.
3.2.3.2. Conduct a survey of the parcels for listed species. This task includes the
first two (2) weeks of field surveys, including site surveys for red-cockaded
woodpeckers (RCWs). The second two (2) weeks will be conducted during
the environmental permitting phase. As used herein, listed species refer to
vertebrate wildlife species listed in FWC's Official Lists of Endanaered and
Potentiallv Endanaered Fauna and Flora in Florida dated 4/29/96 as well as
plants listed in this publication by the USFWS. This survey will meet
requirements set forth in FWC's Wildlife Methodology Guidelines dated
September, 1998. Prepare a report documenting this survey and its results
including exhibits denoting survey transect locations and documented listed
species locations.
3.2.3.3. Delineate and ribbon the estimated limits of areas within the site that may
be asserted as state and/or federal jurisdictional wetlands. Prepare and
submit a wetland jurisdictional determination (JD) request application package
to the SFWMD. Conduct one (1) site visit with SFWMD to verify the
proposed wetland limits and submit revised (if necessary) JD exhibits for final
validation. The Corps will not perform a jurisdictional wetland determination
until they receive a permit application. Therefore, the Corps jurisdictional
wetland determination will be conducted after the submittal of the Corps
permit application.
3.2.3.4. Within the site wetlands, establish in the field the existing seasonal high
water elevation and historic seasonal high water elevation based on
hydrobiological indicators. These will be established at a maximum of three
(3) locations. Wetland edge elevations will also be established at a maximum
of three (3) locations.
3.2.3.5. Prepare a conceptual (preliminary) mitigation program for the project
based on enhancement of the existing on-site wetlands. Note that this
program will need to be refined for permitting purposes and that off-site
mitigation may also be necessary to compensate for project wetland impacts.
3.2.3.6. Prepare a memorandum that describes the environmental impacts
associated with the chosen scenario, including a permitability analysis.
3.2.4. Submit output data to American for design analysis in the form of a technical
memorandum that includes the raw data, tabular summaries of the results,
conclusions and recommendations.
3.3. MODELING ANALYSIS - American
3.3.1. Work with WilsonMiller during proposed stormwater management system
modeling to determine the optimal design of the stormwater management system.
4. DESIGN ANALYSIS - American
Agenda Item 16815
June 22, 2004
Page 6 of 21
4.1. In conjunction with WilsonMiller's modeling efforts identified in Tasks 3.2.2.1.1 and
3.2.2.1.2, American will provide the proposed stormwater system input parameters for
the design scenarios listed below.
4.1.1. Develop the Royal Poinciana Golf Club Inc. and the proposed Fleischmann 18
property stormwater management ponds into the Goodlette-Frank Road stormwater
management system.
4.1.2. Develop the new outfall Reach 02A along the south side of Golden Gate
Parkway to the Gordon River for the Golden Gate Parkway section west of the
Goodlette-Frank Road intersection.
4.2. Modify the design input parameters for up to two (2) iterations of the two (2) design
scenarios identified above, for a total of up to four (4) models.
5. COORDINATION WITH SFWMD
5.1. WilsonMiller will attend up to three meetings with SFWMD to be coordinated and
attended by American.
6. COORDINATION WITH COUNTY
6.1. WilsonMiller will attend up to three meetings with COUNTY to be coordinated and
attended by American and the County's funding partners for the Gordon River
Extension Basin Study.
7. PREPARATION OF CONSTRUCTION PLANS - American
7.1. Upon completion of the Design Analysis and Modeling eHorts, American will prepare
construction plans for the proposed stormwater management system.
7.1.1. Pond on Royal Poinciana Golf Club property.
7.1.2. Pond on Fleischmann 18 property. It is possible that any potential pond within
the Fleischmann 18 property may be constructed in phases: the first phase will be
the pond needed to construct the Goodlette-Frank Road project improvements;
subsequent phases may be related to the Gordon River Extension Basin
improvements. American will prepare the necessary construction plans for the first
phase. WilsonMiller will design the remainder of the pond needed for the Gordon
River Extension Basin project.
7.1.3. Modification of existing weir(s) within the existing west Goodlette-Frank Road
drainage ditch.
8. PROJECT SCHEDULE
8.1.1. American will work with Wilson Miller to develop a project schedule that will reflect
the work associated with the above listed scope of work.
9. EXCLUDED SERVICES
9.1. Modeling or design analyses beyond the four (4) scenarios specifically listed above.
Agenda Item 16815
June 22, 2004
Page 7 of 21
.-
9.2. Revisions to the Goodlette-Frank Road Project or Gordon River Extension Basin Study
design due to changes in land use after incorporation of the data collected and
described herein.
9.3. Changes to the Goodlette-Frank Road project design parameters as a result of the final
improvement scenario selected for the Gordon River Basin improvements.
9.4. Any service related to site development or environmental permitting required by the
Collier County Land Development Code.
Agenda Item 16815
June 22, 2004
Page 8 of 21
Gordon River / Goodlette-Frank Road Joint Project
Fee Type
To be used for billing purposes
Task Amount Fee Type
Phase IV Remaining to be Silled $4,907.40 T /M/E
Phase V
3.1 Survey Services $61,500.00 Fixed Fee
3.2 Analysis Services $149,000.00 Fixed Fee
5.0 & 6.0 Coordination Services $15,800.00 T/M/E
Reimbursables $7,500.00 T/M/E
T/M/E = Time/Materials/Expenses Fee
Fixed Fee Services will be billed on a % completed each month
Agenda Item 16815
June 22, 2004
Page 9 of 21
"...-.......
Gordon River / Goodlette-Frank Road
Estimated Fees for Joint Project Analysis
WilsonMiller Estimated Fees
Task
Fee
Subtotal
3.1.1 Cross Section Reachell 03 & 07
3.1.2 Royal Poinciana 10po/JD survey
3.1.3 Fleischmann 18 topo/SHY'A... markslJD survey
3.1.4 New outfall reach 02A topolJD survey
3.1.5 Up to 5 additional survey days for misc. surveys
$9,500
$13,000
$21 ,000
$13,000
$5,000
Survey Task Total
$61.500
3.2.1 Update Existing Modeling
3.2.2 Analyze up 10 4 scenarios
3.2.3 Environmental Analysis of Fleisch. 18, Royal P.. & 2A
Analysis Task Total
$15,700
$67,700
$65,600
$149,000
5.1 SFWMD Coordination (3 meetings)
6.1 Coordination with County staff (3 meetings)
$6,600
$9,200
Coordination Task Total
Relmbursables
$15,800
$7,5001
$233,800
TOTAL
.-
Agenda Item 16815
June 22, 2004
Page 10 of 21
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June 9, 2004
Mr. Max Guerra, Ph. D., PE
Project Manager
Collier County
2685 S. Horseshoe Drive
Suite 212
Naples, FI 34104
RE: Gordon River Extension Basin Study - Phase IV
Request for Contract Amendment
Dear Mr. Guerra:
We respectfully request a contract amendment to reflect costs incurred to date and to transfer
unspent amounts to future tasks. The following is a justification for the requested fees. Please
refer to the attached table for a summary of the requested budget amendment.
Task 1.1: Water Quantity Modeline
This task is complete. We recommend transferring the remaining $73.50 to the pending Phase
V.
Task 1.2: Water Qualitv Modeling
This task is complete. No transfer is needed since the cost to date equals the budgeted
amount.
Task 2.1 : Basin-wide Level of Service Analvsis
This task is complete. We have exceeded the budget by $95.30 and request you increase the
budgeted amount by the same amount to reflect the actual cost incurred.
Task 3: Alternative Solutions
To date, we have exceeded the budgeted amount by $4,651.15. However, we have not billed
any amount over the current budget limit. The overage was due to the following reasons.
· The model refinement effort for the alternative improvements was greater than the
originally anticipated level of effort. During the evaluation of the Alternative 1 scenario,
twenty-six different alternative improvement scenarios were evaluated in an attempt to
provide the "besf' overall solution to the flooding problems experienced within the basin.
,"""""'"
118I2004- 13151. v.: 021. AGClNZALE
CIoI..
N04.75~04..(1DO-IE.PSA- 23733
Agenda Item 16815
June 22, 2004
Page 12 of 21
Mr. Max Guerra, Ph.D., PE
Gordon River Phase IV Request for Contract Amendment
Page 2
These different scenarios each included between four and ten different improvements, to
evaluate their overall effect to both the problem area and the downstream (receiving)
portion of the primary storm water management system (PSMS). Individually, these
improvements incruded everything from the provision of an additional (paranel) pipe at a
road crossing or the replacement of an existing road crossing with significantly larger
box culverts, to the construction of an attenuation facility to provide temporary relief
through a controlled release of runoff from a particular area. In all, approximately one
hundred and eighty different improvements were evaluated during the development of
the best combination of improvements for the overall Alternative 1 scenario.
· In addition to these multiple improvement scenarios, multiple un-budgeted sensitivity
simulations were evaluated under both the 'existing' and 'alternative l' conditions at the
request of the funding partners. These additional runs included a sensitivity analysis of
various boundary conditions for the system (i.e. fixed boundary conditions at various
stages, and time vs. stage (to represent tidal conditions) boundary conditions).
Additionally, several other sensitivity simulations were performed to evaluate the effect
of the existing amil gate at Golden Gate Parkway and the effect of the maintenance that
was performed on the primary reach of the Gordon River. Each of these different
components represent additional effort that was expended by the Wilson Miller/COM
team during the evaluation of the different alternative improvement scenarios that was
not included in our scope and budget for the project.
· Our evaluation of the Alternative 2 scenario also included numerous iterations of
improvement component combinations. In all, this effort included simulation of twenty-
seven scenarios. Once again, these different improvement scenarios included
modifications to the model data sets which represented between five and ten different
improvements, ranging from modifications to existing culverts, to the construction of
different stormwater management facilities, to construction of additional (new) reaches
from the Goodlette-Frank Ditch to the Gordon River. Overall, approximately one hundred
ninety different improvements were evaluated in different combinations for the ultimate
development of the final Alternative 2 scenario.
· We provided additional and unexpected coordination related to other planned City and
County projects within the Basin with respect to the Burning Tree Drive and Goodlette-
Frank Road improvements as well as requests for information related to the City's
ongoing Basin V project and the Big Cypress Basin's stormwater modeling activities.
· We facilitated extended brainstorming sessions related to the potential components of
Alternates 2 and 3. Simulation of these numerous alternative improvement scenarios
represent a significant amount of time expended by us during the project. Time incurred
during this process not only includes modifications to the model data sets, and time for
simulation, but also time for tabulation and evaluation of the predicted results, and
discussion of results in meetings and telephone conferences.
6N2oo4.131516 v.: D2!.AGCNZALE
eN...
N0475-404.-<JDO. EPSA. 23733
Agenda Item 16815
June 22, 2004
Page 13 of 21
Mr. Max Guerra, Ph.D., PE
Gordon River Phase IV Request for Contract Amendment
Page 3
There is one additional alternative that is to be evaluated under the Alternative Solutions Task.
To date, we have evaluated a variety of practical improvement components, and any remaining
evaluation should only require minor modifications to the recommended alternative (Alternative
2) if necessitated by the environmental resource permit review process. It is our opinion that a
third alternative will not yield substantially different outcomes from the Alternate 2 scenario
unless the project goals are changed. We therefore recommend modifying the project goals
from developing a basin-wide solution for a major storm event to reducing flood stages in
neighborhoods with chronic flooding problems for the more frequent storm events if the County
desires to develop a third alternative.
We request you increase the budgeted amount by $4,651.15 to reflect the actual cost incurred.
Task 4.1.: Community Briefinas
We have completed 1 of the 2 planned community briefings to date and recently briefed the
county commission. We have incurred $3,608.50 to date. We recommend deleting the second
briefing and transferring the remaining $4,191.50 to the pending Phase V.
Task 4.2: Proiect Manaaement
Project management activities to date have expended most of the budgeted amount. These
activities have included preparation, coordination and follow-up related to ongoing progress
meetings, plus special purpose meetings with project stakeholders. We have controlled
amounts charged to this task by limiting meeting attendance to the minimum number of
consultant staff needed to adequately discuss and resolve ongoing issues. This has included
conducting telephone conferences with sub-consultant staff to minimize time and reimbursable
charges incurred. We have incurred $24,667.70 to date. We recommend transferring the
remaining $32.30 to the pending Phase V.
Task 5.1 & 5.2: Conceptual ERP Preparation
We have incurred $8,323,20 to date on activities related to preparing, attending, and following
up on the SFWMD and Corps pre-application conference; and preparing FLUCCS exhibits. We
recommend transferring the remaining $25,376.80 to other tasks.
Task 5.3: Conceotual ERP Supoort Services
We have not incurred any budgeted costs for this task to date. We recommend transferring the
entire $48,000 to the pending Phase V.
Task 6.1: Products Preoaration
To date, we have exceeded the budgeted amount by $65.00. However, we have not billed any
amount over the current budget limit. The overage was due to several additional requests for
1It/2004- 131518 v.: 021.AGClNZALE.
OM'"
NC47!5-40oi...(IQO. ,"PSA- 23133
Agenda Item 16815
June 22, 2004
Page 14 of 21
Mr. Max Guerra, Ph.D., PE
Gordon River Phase IV Request for Contract Amenanent
Page 4
map products. We request you increase the budgeted amount by $65.00 to reflect the actual
cost incurred.
Task 6.2: Reimbursables
We have incurred $6,212.24 to date. We recommend transferring the remaining $8,287.76 to
the pending Phase V.
The requested change order is for a net reduction of $81,150.41 as summarized in the enclosed
table. Please call me should you need additional information. Thank you in advance for your
favorable consideration of this requested change order.
Sincerely,
Wilson Miller, Inc.
Adolfo A. Gonzalez, PE
Project Manager
attachment: Change Order Summary Table
cc: Tim Durham, WM
Mike Schmidt, CDM
Jaime Girardi, CDM
Agenda Item 16B15
June 22, 2004
Page 15 of 21
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AMENDMENT No.6 to Contract No. 91-1763
The "Gordon River Extension Basin Study"
This Amendment No.6, dated June 10, 2004. amends the original Agreement, between Wilson
Miller, Inc. ("Consultant") and Collier County, Florida, ("Owner").
RE: This Amendment No.6 amends Contract No. 91-1763
The "Gordon River Extension Basin Study"
This amendment is needed to perform engineering, surveying and environmental analysis to
meet requirements of the SFWMD for improvements associated with the Goodlette-Frank Road
expansion. The road improvements include the expansion from four to six lanes between Golden
Gate Parkway and Pine Ridge Road and the re-construction of the intersection at Goodlette-
Frank Road and Golden Gate Parkway.
The consultant will modify the existing conditions of the Gordon River Extension Basin
computer model SWMM to incorporate the additional survey of the Goodlette-Frank Road west
drainage ditch ami five control structures located between Golden Gate Parkway and Pine Ridge
Road. Additional survey will be also obtained at three drainage reaches that connect the
Goodlette-Frank: Road west drainage ditch to the Gordon River. The locations of the reaches are
as follows:
· A new Reach 02A to be located south of and near Golden Gate Parkway
· Reach 03 is located north of Golden Gate Parkway and south of the Wilderness
Country Club and
· Reach 07 is located north of Burning Tree Drive.
The consultant, in cooperation with American Consulting Engineers of Florida, LLC. .,,,;11 !~cn
utilize the updated existing conditions Gordon River Extension Basin SWMM com r' ,. . l~
to provide post-development data for design of the stormwater management sySL;"
proposed Goodlette-Frank Road expansion. This data will be also incorporated into the t.kP
application.
The proposed scope of services as per Exhibit #1 is a joint scope developed by Am~i'iL,1I1
Consulting Engineers of Florida and WilsonMiller. Exhibit #2 and #3 include the es t i, n,. t ':; l !.(" >..,
and their justification for the WilsonMi11er portion, which reflect the content of thi""-jl!.!:' ,
No.6. The proposed scope of WilsonMiller would take 8 months to be completed l..SL.-: l:,;"Luit
#4).
The Consultant agrees that this amends the original Contract amount of $384,000.00 and that the
Consultant agrees to complete said additional services for an additional $152,6.1059 .t. per
Exhibit #2. This Amendment No. 6 increases the total agreement amount up to $53(j,{).LI.~')
Agenda Itei"ii ,'X 5
June 22~ ~ .;04
Page 17 aT 21
Exhibit #5 and #6 include the updated hourly rate schedules for WilsonMiI1er and their
subconsultant, CDM, to be applied to work associated with this amendment. All other terms and
conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an
authorized person or agent, hereunder sct their hands and seals on the date(s) indicated below.
ATIEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
DONNA FIALA, Chairman
DWIGHT E. BROCK, Deputy Clerk
Approved as to form and legal sufficiency:
TOM PALMER,
Assistant County Attorney
ATTEST:
CONSULTANT:
WilsonMiller, Inc.
By:
First Witness
GARY L. DANCA
Chief Financial Officer
Printed Name of First Witness
Second Witness
Printed Name of Second Witness
--
Agend<1 :ty..:.,:: .15
Jur ,~~, ::~1~_. ~~.),;4
Page H3 of 21
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME:. Gordon River ExtensiollBasinStudy
PROJECT #: 51005
AMOUNT OF TlllScHANGE $ 152,649.59
BIDIRFP#: 91 ~17(j3. . MOD #:.6
PO #: 103.342
Work Order#: N/A
CQN'I'RA.CT AMOUN'I': ORJGlNA.L $ 384,000.00
Las.t nee Approved AmQunt $ 38i~roJN1')
.(l.AsTTOTAL -urr. REQUIlUNG Bee APPROVAL)
CU:I.UmNT $ 536;64959
(JNCLlIDINqtms.ciIA.t"tG&O~)
Datt of Last Bee Approval. N/A
A.genda Item ## N/A
P~r~tage Qf the change over:lumlerClI~ntconttaet amount 12.97 %
f9Pllt~b: ((Curtei)( Aln(,;(mt (LiisLlrK~j\~~~;~l)d. UnXl1.ml)/ L~'lS~ Bee $.y'pr:~)Vel.l <ll.tKx,nU.1
Re~;uitl; lmd A~~tj(ms.: If rhe chungcc*<..~cc.d$ 1 (VI> Bee J.ppl,<wa1 br(;XJ.ulrcd; um.kr 1 O';t.;\::pot:'ct! F} Bee on
:Pl:t(b~i~jjng- :::ep~nrt.
CURRENT COMPLETION DATE (~):ORIGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (8): Add additional engineering and environmental analysis
fotimptovements associated with GoOdlette. Frank .Road expanSion in order to modify the eXisting
conditions (jf the Gord.9n River Extension Basin computer mod~l,. .
JUSTIFICATION FOR CHANGE (8): Additional services are necessary to update the Storm Water
M3:rlaRel11eot Model (SWMM) tomeetSFWMD feQu.iremetltsasmatedwith th~...f~lVi!:0nn:!..('ntal
Resou:rce Permitti~. ______ .__. _ ______
PARTIES CONTACTED REGARDING THE CHANGE:
llaYQeIl, Gregg Strak.;il1lSe, Al Ruth .
Norman Feder, Jegy K1,!rtz, Peter
IMPLEMENTATION STEPS. (Verify each beforeproc~iDgw:ithchangeusing Y, Nor N/A)
Y. PrQposed change is COIl$i~nt with the ~pe Of !he existing !lgreement
y.. Proposed change is in fact anaddilion or deletion to the eXisting scope
.Y. Change is being implemented. in a manner consiStent with the existing agreement
Y Theapproprlate partiesbave been oonsultedreganiing thecbange
y.. Proposed prices, fees and costs set forth ill the change ate reasonable
PROJECT l\,IANAGER RECOMMENDATION:
APPROVE: Max Guerra, Ph.D. P.E
DISAPPROVE:
Date: 06-10-2004
Date:
COMMENTS:
REVISED 9/9/03
Agenda Item .16815
June 22, 2004
Page 19 of 21
PC1
PC2
PC3
PC4
PC5
PCB
PC7
PC8
PCg
P10
CT1
CT2
CT3
CT4
CT5
FT1
FT2
FT3
FT4
GS1
GS2
GS3
GS4
GS5
AM1
AM2
AM3
SC2
SS2
SC3
SR1
SR2
GPC
WILSONMILLER, INC. SCHEDULE OF FEES
Effective February 1, 2004
Professional Consultant Level1
Professional Consultant Level 2
Professional Consultant Level 3
Professional Consultant Level 4
Professional Consultant Level 5
Professional Consultant Level 6
Professional Consultant Level 7
Professional Consultant Level 8
Professional Consultant Level 9
Professional Consultant Level 10
Computer Technician 1
Computer Technician 2
Computer Technician 3
Senior Designer 4
Senior Designer 5
Field Technician 1
Field Technician 2
Field Technician 3
Field Technician 4
Geographic Information Systems Analyst 1
Geographic Information Systems Analyst 2
Geographic Information Systems Specialist 3
Geographic Information Systems Specialist 4
Geographic Information Systems Specialist 5
Administrative Assistant 1
Administrative Assistant 2
Project Administrator
2 Person Field Crew
2 Person Senior Field Crew
3 Person Field Crew
1 Person Robotic Survey Crew
2 Person Robotic Survey Crew
GPS Crew
$75.00/Hr.
$85.00IHr.
$95.00/Hr.
$110.00/Hr.
$125.00/Hr.
$137.00/Hr.
$150.00/Hr.
$165.00/Hr.
$185.00/Hr.
$200.00/Hr.
$55.00/Hr.
$65.00/Hr.
$75.00/Hr.
$90.00/Hr.
$100.00/Hr.
$50.00/Hr.
$60.00/Hr.
$70.00/Hr.
$80.00/Hr.
$60.00iHr.
$75.00/Hr.
$90.00/Hr.
$105.00/Hr.
$125.00/Hr.
$iWOO/Hr.
$50.00/Hr.
$65.00/Hr.
$100.00/Hr.
$110.00/Hr.
$125.00/Hr.
$95.00/Hr.
$120.00!Hr.
$135.00/Hr.
Unit billings, such as printing and survey materials, will be billed at Wilson Miller
standard rates (Schedule available on request). All other out-of-pocket expenses will be
billed at cost + 15%.
"'-"",
3rf23/.i!004.028075 Ver.141.K$oott
~,
Z85lil< 666 566
Agenda Item 16B 15
June 22, 2004
Page 20 of 21
COM
Collier County Proposed Fee Schedule
RFP 00-3119
II Annual Contract for Utility Engineering ConsutIant Services"
2003-2004 Renewal
Professional Fees
Principal (Partners and Associates) $154.00fhr
Senior Design Engineer/Chief Engineer $144.00fhr
Senior Project Manager/Construction Manager $123.00fhr
Project Manager/Senior Engineer/Senior Planner $103.00jhr
Engineer III
$92.00fhr
$82.00jhr
$72.00fhr
$67.00jhr
$57.00jhr
$46.00jhr
Engineer II/Senior Designer
Engineer JfDesignerfPlanner
Senior Inspection/Design Technician
Inspector/Senior Technician
Technician
Support
Administrative Assistant/Secretary
Clerical/Other Support
$51.00jhr
$41.00jhr
Agenda Item 16815
June 22, 2004
Page 21 of 21
,...-
EXECUTIVESU~ARY
Recommendation that the Board waive the formal bid process and approve a contract between Gray-
Calhoun and Associates and Collier County for Post-Design Engineering Services related to design and
plans changes for the Advanced Traffic Management System (A TMS) Phase II project, with costs to the
County reimbursed by the Florida Department of Transportation.
OBJECTIVE: To gain Board approval of an engineering service contract with Gray-Calhoun and
Associates to make design and plans cbanges to the plans prepared by the Florida Department of
Transportation (FDOT) for Phase II of the Advanced Traffic Management System (ATMS) project The
waiving of the County's competitive bid process reflects that the Florida Department of
Transportation previously secured Gray-Calhoun and Associates under a competitive bid process
and that they are the Engineer of Record for the project.
CONSIDERATIONS: On November 18, 2003, in Item 16(B)(3), the Board approved a Joint Project
Agreement (JP A) between Collier County and the Florida Department of Transportation (FOOT), in
which the State of Florida agreed to turn over construction and implementation resJXlnsibilities to Collier
County for construction and integration for Phase II of the ATMS and reimburse.the County for project
costs.
-
The Engineer of Record for Phase II of the A TMS project is Gray-Calhoun and Associates, who would
have contracted with FDOT for Post-Design Services, including development of system controlled signal
timing and any necessary plans changes, redesign services to address technology advancements, and
review of proposed equipment by the contractor to assure that the equipment met the specifications that
were developed during the design phac;e. Other than timing plan development, provision of these services
by any engineering firm other than the Engineer-of-Record could only be provided after an extensive and
expensive review process to attain familiarity with the design, as it would require another firm to assume
liability for the work performed by the Engineer-of-Record. In order to attain an economical and efficient
delivery of these vital plans related services it is in the best interest of Collier County to award this work
to Gray-Calhoun and Associates, as would have been the case if the FOOT had carried this project to
construction as a FDOT project Award of the work for system controlled signal timings will be attained
at a later date through the normal County competitive procurement process.
FISCAL IMPACT: The Gray-Calhoun and Associates proposed cost for providing the plans change,
redesign, and equipment review is $69,737.34. FOOT funding in the amount of $551,244.00 is available
and programmed in this Fiscal Year (03/04) to reimburse the County for Post Design Services costs
involved in Phase II of the ATMS project The County's expenditures-before-FDOT -reimbursement will
be funded by Gas Taxes through Project 601722 and the reimbursement from FOOT will be placed back
into that Gas Tax supported fund.
GROWTHMANAGEMENT~ACT:No~
RECOMMENDATION: That the Board waive the formal bid process and approve the execution of the
Contract between Gray-Calhoun and Associates and Collier County.
e-"
Agenda Item No. 16816
June 22, 2004
Page 1 of 13
COLLIER COUNTY
BOAR.D Of COUNTY COMMISSIONERS
"....-....
Item Number
16816
Item Summary
Recommilndaticn that thr: Board waive the formal bid process and approve a
contract bet'lI'een Gray-Calhoun and Associates and COmilf Ccunty tOf Post-
~s;gn EngiM13ring Services reiated to ,1Asign and pl'Jn:> changes for too
Advanced Traffic Management Sy:>tem (ATMS) Phase Ii project. with cost.. to
tt.e C{)llntll f13imbursed by !tIe Firnida Department of Transportation.
Meeting Date
6122J2004 9:C-u:OOAM
Prepared By
Rebert W. Tl~orl, P.E.
County Traffic O~at:O:ls Eng;r,~~r
GI4J2(W4 10:M:01
AM
TrnnsPQrtion Ser..i<;;"s
lrnfflc Opll...~(lm,.1 "1M
Approved By
Diane s. FI~g
Traffic Operatlons and Alt Trans
Mod~ Directo,.
Date
Transpcrtloo ~rvices
:faffic Operationsl ATM
6!1!i!2il04 11:43 AM
Approved By
I>lane F'errim3n
f:lle;;utive Secretary
Date
Tralll;pl'>rtl~ Service::
Tren::portalion 5~fO(jC..s. Admin.
<if11!2nO,j 11:~$ AM
Approved By
Norm E. Feder, AICl"
Tra!\llp!lftiiltion orvls,;!lfl Admlnl::tr3ter
Oat.>
Trnnsportion S"r..l<;"s
1 ran,>port3tl.-.n $<."NI<X>$ Admin.
6;11/20043:41; PM
,...-
Approved By
Shsron Nl!lwman
Accounting Sup,;:-rJhtQr
Elam
TraflspcrtlOr\ S6rvicC!s
T {allsport;,tlon AdtY!,!\!llt!atio'l
6.114.'2:004 i;4ll PM
Approved By
Pat Lel1nhard
Adminlstr;;tlil~ Assistant
O:rte
County Manag...r's Office
Office of M3I1s'J"m"nt & Budget
/)115rJ.f:O-l $:55 AM
Approved By
Su,;a" l!s!l~{
Senior M"'n"'9~mentiButlgM A'ujl'y!>t
Date
COlmty Ma!!ag~"'s, Off:..:tl
OfflcC! of ManagC!mC!nl & Budget
&!15!1oo4 9:22 AM
Approved By
IIllm.x-l Smyk<r","Skl
Mal'.3gement & Budget Director
Date
County Man3S;vr'1.< 001<;"
Offk.e of Management & BudlJet
611512004 1!l::if:.M
Approved By
Jam",; II. Mu;.ld
Bo"r;.l of CQunty
Commission...fS
County Manager
Oat<.
C.;:lUnt-1 Manager's 0ffl0'J0
6/.15!2004 12:2~ PM
Approved By
Unda .Jackl'..on
Cont.ra~s .Agl!lnt
Date
Adtn,!!;;;trativ6 Services
Purchasjng
<if'3!2(;()4 10:10 AM
Approved By
Gwen Butler
PurchasIng Superv1sor
Date
Adm;;;;strati"e ~;ecvjr-,es
Po;.-cha..lng
6;$11:004 Hl; 1!; t,l,4
Agenda Item No. 16816
June 22, 2004
Page 2 of 13
GRAY-CALHOUN ~
GC~
TRANSPORTATION ENGINEERING AND PlANNING
Optlmlzlf1{J Your Mobility
June 3, 2004
Bob Tipton, PE
Traffic Engineer
Collier County, Transportation Operations Department
2705 S. Horseshoe Drive
Naples, FL 34104
RE: Post Design Services -Collier County ATMS Design Group 2
Dear Bob:
Gtay-CalhoWl. & Associates, Inc. (GCA) is pleased to provide you wi1h this proposal for post-design services for
modifications to the Design Group 2 plans package, including separating the previously prepared plans package
to include only County intersections and communications, and evaluating the impact this will have on the
communications network. Five separate plans packages will be prepared to complete this effort so that there
will be a plans package for each type of work required Redesign of the dial-up portions of the communications
system will also be evaluated to address the possibility of using the existing Emergency Management Services
(EMS) radio system. A communications analysis will also be conducted to evaluate the connection to the new
Emergency Operations Center (EOC) location and determine what reconfiguration will be required to make thU
location an alternate control center in the future.
TASK 1 - PROJECT MANAGEMENT
This task includes management activities by GCA to revise the plans to prepare for the County's implementation
of Design Group 2 of the Collier County A TMS. GCA will prepare brief monthly status reports covering
progress on the project for the duration of this Agreement. The status report will address, as a minimum, all
activities performed by GCA. GCA will be responsible for conducting technical and/or management meetings
required for the successful completion of the work defined in this Agreement GCA will maintain the project
records and files. The project files will contain all correspondence to and from GCA related to this Agreement,
and other materials, information or data related to this Agreement that are obtained, sent or given to GCA.
TASK 2 - REVISIONS TO THE PLANS PACKAGE
This task involves separating the plans and preparing five plans packages that include only Collier County
installations. Utilizing plans, as applicable, from the previously submitted plans set, GCA will prepare the five
packages. This will include separate plans packages for conduit installation, fiber installation, signal
installation, camera installation and central site modifications. The five plans packages will provide
documentation suitable for contract letting by Collier County for the installation and implementation of Design
Group 2 of the Collier County A TMS. GCA will provide any engineering and drafting services necessary to
prepare the plans packages.
As part of the five plans packages, GCA will use a combination of all the details previously included in the
plans to provide complete packages. GCA will incorporate into each set, as appropriate, plan sheets, Pay Item
Notes, General Notes, Typical Detail sheets, Tabulation of Quantities sheets, fiber drawings and Traffic Control
4350 West Cypress Street. Suite 340 · Tampa, Florida 33607 · Phone: (813) ~eM~ ,f€r'f'l (Na! ~e'f65
Atlanta. Kansos Oty . Miami Lakes' Orlando' Port Charlotte' TampaJune 22, 2004
www.graycalhoU1.com Page 3 of 13
Bob Tipton, PE
June 3, 2004
Page 2
Plan sheets. Modifications to the existing drawings will be required to create these modified plans packages.
The signalization plans and interconnect plans will be modified to show only those elements relevant to each of
the five packages previously descnoed. The pay item quantities will be separated by plans set. The fiber
drawings will be modified as required. The Traffic Control Plan will be modified to reflect the measures
required for the installations relevant to each of the five plans sets. Page references in each plans packages will
be updated to reflect the modified package. The plans packages will be prepared in Microstation in accordance
with the FDOT standards that were followed on the previous submittals. Two hard copies of the plans will be
submitted for comment upon completion of the revisions. There will be a draft and a final submittal of each
plans package. The intersection sheets will also be converted to AutoCAD and an electronic file of each of
these sheets will be provided with the final submittal so that the County will have these files for future reference
in the format used by the County.
TASK3-CO~CATIONS
This task involves ~va1uating the communications system to ensure that a fully operational system can be
achieved if the County and City sections are built during separate time frames. This will include additional
analysis of the required bandwidths along the modified communications cable routing and rerouting of trunk.
rings. The closed circuit television (CCTV) locations will be evaluated to determine if the video signals will
need to be rerouted on the communications network with a phased implementation. The accessibility of each
camera to both jurisdictions will also be analyzed.
GCA will evaluate using the existing EMS radio network to communicate with the communications access
points for the signalized intersections on SR 951 and SR 29. These connections had previously been planned as
dial-up connections. GCA will meet with EMS personnel to discuss the possibility of sharing these radio
connections. The available bandwidth, technology requirements and placement of existing towers will be
analyzed based on the system needs.
TASK 4 - CONNECTION TO FUTURE EOC
GCA will evaluate the changes that would be needed to use the new EOC location on Santa Barbara Boulevard
as an alternate control center. GCA will prepare a design memo to document the configuration options and
present this to the County. Based on discussions with the County, GCA will make the necessary revisions to the
plans to address the configuration changes. Two copies of a design memo documenting the required
communications system modifications will be submitted.
TASK 5 - PREPARATION OF TECHNICAL SPECIAL PROVISIONS (TSPs)
GCA will review the TSPs that were prepared for the project and determine what modifications are required to
accommodate the phased implementation. Requirements will be added to allow the previous dial-up
intersections to be accommodated on the existing radio network. References to the City portions of the project
will be removed as required to accommodate the phased implementation. Two copies of the revised TSPs will
be submitted at the draft and fmal stages.
TASK 6 - ESTIMATE OF CONSTRUCTION COST
_.
GCA will develop a revised Estimate of Construction Costs (BCe) for each plans package for the contract
letting of this project. The ECC will include an individual unit cost estimate for each pay item shown on the
summary of pay items plan sheets, the rationale and basis for the estimated cost of all items, and a total cost
Agenda Item No. 16816
June 22, 2004
Page 4 of 13
Bob Tipton, PE
June 3, 2004
Page 3
estimate for the project. Two copies of the ECC will be submitted to Collier County with each set of the final
plans.
TASK 7 - MODIFICATIONS TO PLANS AND SPECIFICATIONS FOR ETHERNET CONVERSIONS
GCA will revise the plans and specifications to change the connections to the controllers from modems and
splitters to Ethernet switches. This will include revising intersection plan sheets, fiber cable schematics and
specifications associated with this equipment. GCA will reevaluate the channel assignments of the controllers
that will be converted to Ethernet This will be required to separate the controllers on SONET from the ones on
Ethernet for proper processing of the data at the control center. GCA will also reevaluate the fiber loss and
adjust the tables in the plans.
GCA will perform engineering analyses and/or make revisions to original plans or TSPs, as requested by Collier
County, to reflect changing conditions prior to letting.
GCA will be custodian of the project drawings dwi.ng the construction period and will be responsible for
maintaining their condition and safekeeping.
If you have any questions, please call me.
Sincerely
GRAY-CALHOUN & ASSOCIATES, INC.
y .(,j')fi
/In.'.... (_. I. ..Hfq'
Sara E. Olney, EI
Senior ITS Manager
S:\201120I\CORRESPONDENCE\PDSOI04.doc
Agenda Item No. 16816
June 22, 2004
Page 5 of 13
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FM NO:
COUNTY:
195403-2-38/58/68-01
COLLIER
JOINT PROJECf AGREEMEm'
BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
FOR CONSTRUCTION, CEI, AND POST DESIGN SERVICES FOR PHASE II
OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM
This is an Agreement by and between the STATE OF FLORIDA DEPARlMENT OF
TRANSPORTATION. hereinafter referred to as the "DEPARTMENT" and COLLIER COUNTY,
FLORIDA, hereinafter referred to as the "COUNTY".
WITNESSETH
WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work
Program to fund construction improvements to Phase II of the Collier County/City of Naples
Computerized Signal System in fiscal year 200312004, under FM Number 195403-2-38/58/68-01,
hereinafter referred to as the "PROJECT"; and . .
WHEREAS. said PROJECT is on the State Highway System, is not revenue producing and is
contained in the tentative Five Year Transportation Plan; and
WHEREAS, the COUNTY is willing to undertake the PROJECT and the DEPARTMENT is
willing to compensate the COUNTY for costs directly related to the construction, construction
engineering and inspection ("CEI"), and post design services for the PROJECT as described herein;
and
WHEREAS, the COUNTY by Resolution, dated the .IK- day of ~ 2003, a copy of
which is attached hereto and made a part hereof, h~ authorized the Chairperson of the County
Commission to enter into this Agreement.
NOW THEREFORE, in consideration of the mutual benefits to be derived from joint
participation in this Agreement, the parties agree as follows:
I. The COUNTY agrees to undertake the construction, CEI, and post design services for the
PROJECT and the DEP ARlMENT agrees to pay for said services, as stated in paragraph 4 herein,
provided they are performed in accordance with the DEPARTMENT's specifications and the terms
and conditions in this Agreement.
2. The PROJECT consists of constnlction, eEl and post design services for improve~ents to
Agenda Item No. 16816
June 22, 2004
Page 7 of 13
Phase II of the Collier County/City of Naples Computerized Signal System. The PROJECT will
incorporate additional signalized intersections into the County system and will include the
installation of video cameras for traffic monitoring at congested intersections. Post-design services
and development of new signal timings for the PROJECT intersections will also be provided under
separate contract by the County. Said construction qf the PROJECT shall be completed on or before
July 30, 2006.
3. The COUNTY will begin construction of the PROJECT after execution of this Agreement
and upon recei~g notification in writing by the DEPARTMENT to proceed.
4. The DEPARTMENT agrees to a maximum participation, including contingencies, in the
PROJECT in the amount of FOUR MILLION SEVEN HUNDRED TWENTY-EIGHf
THOUSAND THIRTY THREE DOLLARS ($4,728,033.00) broken down as follows: Construction
$3,520,456.00, CEI Services $656,333.00, arid Post Design Services $551,244.00.
5. The DEPARTMENT agrees to pay the COUNTY in accordance with Section 339.12, Florida
Statutes, and totally subject to legislative approval and appropriation, in accordance with paragraph 4
herein. Said payment will be made after receipt of quarterly invoices from the COUNTY on the .
PROJECT until final accepted by the DEPARTMENT. The invoice and supporting documentation
is to be sent to the Project Manager for approval and processing. In the event the COUNTY
.proceeds with construction of the PROJECT with its own forces, the COUNTY will only be
reimbursed for direct costs (this excludes general and administrative overhead).
6. All tracings, plans,. specifications, maps and/or reports prepared or obtained under this
Agreement shall be considered works made for hire and shall become the property of the
DEPARTMENT without restriction or limitation on their use. The DEPARTMENT will have the
right to visit the site for insPection of the work and the drawings of the COUNTY at any time.
7. All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT:
Paul Theberge, Resident Engineer
Florida Department of Transportation
2981 NE Pine Island Road
Cape Coral; Florida 33909
TO COUNTY:
Bob Tipton
County Traffic Operations Manager
Collier County
27.05 S. Horseshoe Dr.
Naples, Florida 34104
8. (a) Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(b). Bills for travel expenSes specifically authorized in this Agreement shall be submitted
and paid in accordance with Section 112.061, Florida Statutes.
2
Agenda Item No. 16816
June 22, 2004
Page 8 of 13
(c) The COUNTY shall allow public access to all documents, papers, letters or other
material subject' to the provisions of Chapter 119, Florida Statutes, and made or received by the
COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access
shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT.
. (d) The DEPARTMENT agrees to pay the COUNTY for the herein described services at
a compensation as detailed in this Agreement.
(e) Vendors (in this document identified as COUNTY) providing goods and services to
the DEPARTMENT should be aware of the following time frames. Upon receipt, the
DEP ARTMENThas five (5) working days to inspect and approve the goods and services, unless the
Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment
(voucher) to the Department of Financial.Services. The 20 days are measured from the latter of the
dale the invoice is received or the goods or services' are received, inspected and approved.
(f) If a payment is not available within 40 days, a'separate interest penalty at the rate
established pursuant to Section 55.03(1). Florida Statutes, per day will be due and payable, in
addition to the invoice amount, to the Vendor. Interest penalties ofless than one (1) dollar will not
be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor
because of Vendor preparation errors will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the DEPARTMENT.
(g) A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this individual include acting as an advocate for contractors/vendors who
may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-
800-848-3792.
(h) Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the DEPARTMENT at all times during the period of this Agreement
and for three years after final payment is made. Copies of these documents and records shall be
furnished to the DEPARTMENT upon request. Records of costs incurred include the COUNTY's
general accounting records and the project records. together with su~porting documents and records.
of the COUNTY and all contractors and consultants performing work on the PROJECT. and all other
records of the COUNTY and its contractors and consUltants considered necessary by the
DEPARTMENT far a proper audit of costs.
(i) The DEPARTMENT. during any fiscal year, shall not expend money. incur any
liability, or enter into any contract which, by its terms. involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or
written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The DEPARTMENT shall require a statement from the Comptroller of the
DEPARlMENT that funds are available prior ta entering into any such contract or other binding
3
Agenda Item No. 16816
June 22, 2004
Page 9 of 13
1
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods
exceeding one year. but any contract so made shall be executory only for the value of the services to
be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's
performance and obligation to pay under this Agreement is contingent upon an annual appropriation
by the Legislature.
G) No funds received pursuant to this Agreement may be expended for lobbying the
Legislature or a state agency.
(k) the COUNTY shall not sublet, assign or transfer any work under this Agreement
without the prior written consent of the DEPARTMENT.
(1) The DEPARTMENT shall not be obligated or liable hereunder to any party other than
the COUNTY.
(m) In no event shall the making by the DEP ARTMENTof any payment to the COUNTY
constitute or be construed as a waiver by the DEP ARlMENT of any breach of covenant or any
default which may then exist, on the part of the COUNTY. and the making of such payment by the
DEP AR TMENT while any such breach or default shall exist shall in no way impair or prejudice any
right or remedy available to the DEPARTMENT with respect to such breach or default
(n) A person or affiliate who has been placed on the convicted vendor list follo\\ing a
. conviction for a public entity crime may not submit a bid on a contract to provide any 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 be awarded or perform work as a contractor. suppl1er,
subcontractor. or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
(0) An entity or affiliate who has been placed on the discriminatory vendor list may not
. submit a bid on a contract to provide any 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 ofreal propertY to a public entity. may not be awarded or perform
work as a contractor, supplier. subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity.
(P) Unless otherwise specifically stated herein, this Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
.~.
4
Agenda Item No. 1"6816
June 22, 2004
Page 10 of 13
(q) This Agreement shall not be renewed. Any extension shall be in writing and
executed by both parties, and shall be subject to the same terms and conditions set forth in this
Agreement.
9.
a)
The DEPARTMENT also reserves the right to seek termination or cancellation of
this Agreement in the event the COUNTY shall be placed in either voluntary or
involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate
or cancel this Agreement in the event an assignment be made for the benefit of
creditors.
b) If the DEPARTMENT determines that the performance of the COUNTY is not
satisfactory, the DEPARTMENT shall have the option of (i) immediately terminating
the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement
that the deficiency be corrected within a specified time; otherwise the Agreement will
be terminated at the end of such time, or (Hi) take whatever action is deemed
appropriate by the DEPARTMENT. .
c) If the DEPARTMENT requires termination of the Agreement for reasons other than
unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the
COUNTY of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated.
d) If-the Agreementis terminated before perfoimance is completed, the COUNfY shall
be paid only for that work satisfactorily performed for which costs can be
substantiated. Such payment, however, may not exceed an amount whicn is the same
percentage of the contract price as the amount of work satisfactorily complded is a
percentage of the total work called for by this Agreement. All work in pro gress will
become the property of the DEPARTMENT and will be turned over promptly by the .
COUNTY.
10. If any part of this Agreement shall be determined to be invalid or unenforceabie by a court of
competent jurisdiction or by any other legally constituted body having the jurisdiction to make such
determination, the remainder of this Agreement shall remain in full force and effect provided t~ IL' t the
part of this Agreement thus invalidated or declared Wlenforceable is not material to the inten.ded
operation of this Agreement. .
11. a) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY (lereby
agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers,
agents'or employees from all suits, actions, claims, demands,liabilities of any nature 'Nb.tS0~Yer
arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents,
employees or subcontractors or due to any negligent act or occurrence of omission or commission of
the COUNTY, its officers, agents, employees or subcontractors. Neither COUNTY nor :n~ (:1' its
. officers, agents, employees or subcontractors will be liable under this section for the ncgllg~ilce of
the DEPARTMENT or any of its officers, agents or employees. The parties agree that 1 ~'o of the
5 .
Agenda Item NO.1 oB 16
June 22, 2004
Page 11 of 13
total compensation to the COUNTY for perfonn~ce of this Agreement is the specific consideration
from the DEPARTMENT to the COUNTY for the COUNTY's indemnity agreement.
b) The COUNTY agrees to include the following indemnification in all contracts with
contractorslsubcontractors,consultantslsubconsultants whoperfonn work in connection with this
Agreement:
liThe CQntractor shall indemnify, defend, save and hold hanDless the DEPARTMENT imd all
of its officers, agents or employees from all suits, actions, claims, demands, liability of any
nature whatsoever arising out of, because of, or due to any negligent act or occurrence of
omission or commission of the contractor, its officers, agents or employees. Neither the
contractor, nor any of its officers, agents or employees 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 DEPARTMENT or any of its officers, agents or employees."
12. This Agreement shall continue in effect and be binding on the parties until the PROJECT is
completed, final costs are known and legislatively appropriated reimbursements, if approved, are
made by the DEPARTMENT.
13. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, 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 Agreement that are not contained in this document. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any prior representation or agreements
whether oral or written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
6
Agenda Item No. 168'16
June 22, 2004
Page 12 of 13
, .
IN WITNESS WHEREOF the COUNTY has caused this Agreement to be executed in its
behalf this L day of /II 0 van bet- ,2003, by the Chairperson of the County Commission,
autho~ to enter into and execute same by Resolution Number~ of the Board on the
day of ~vetr1~ll~ IY ,2003, and the DEPARTMENT has exec'uted this Agreement through its
District Secretary for District One, Florida Department of Transportation, this ~ day of
_0(Cl'~ ,2003. .
By:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
~'
By:' . V~
DIS C SECRETARY
"
~
ATTEST:
ByJJ1, a,;r. ~~Hlf}(Seal)
EXECUTIVE SECRETARY
Legal Review:
BY:-w';.: a ~-;H.,~
DISTRICT LEG COUNS
7
Agenda Item No. 16816
June 22,2004
Page 13 of 13
EXECUTIVE SUMMARY
Recommendation to approve a Donation Agreement to accept an easement
conveyance and to approve a Landscape Maintenance Agreement for
maintenance of the existing sidewalk along Vanderbilt Drive and Bluebill
Avenue. Project Number: 60171. Estimated fiscal Impact: $69.50.
-.
OBJECllVE: To obtain the Board of County Commissioners approval,
acceptance and authorization of a Donation Agreement between the Vanderbilt
Partners II, LTD. (VPII), and Collier County and a Landscape Maintenance
Agreement between VPII, the Dunes of Naples Property Owners Association,
Inc. (Dunes), and Collier County.
CONSIDERATIONS: The Collier County Traffic Operations and Alternative
Transportation Modes Department staff has determined that it would be in the
best interest of the public for the County to maintain the existing sidewalk located
north of Bluebill Avenue and west of Vanderbilt Drive as described in the legal
description attached (Exhibit A). VPII has constructed the sidewalk along the
perimeter berm of the Dunes property along Vanderbilt Drive and wishes to
convey the sidewalk to the County. There has been a tacit agreement pertaining
to the construction and maintenance responsibilities of the sidewalk since it was
constructed several years ago. It is the intent of all parties that these written
agreements formalize the previous tacit agreements.
The Donation Agreement with the VPII will grant a perpetual, non-exclusive
easement to the County over the lands described in Exhibit A for the purpose of
maintaining a public sidewalk. It is also in the public's best interest to enter into a
Landscape Maintenance Agreement with VPII and the Dunes wherein the County
accepts maintenance responsibility for installed sidewalk.
It is the recommendation of staff that it is necessary and in the public's best
interest to acquire the interests in real property specified on the attached
Donation Agreement and Landscape Maintenance Agreement, accept the
existing sidewalk into County inventory and accept future maintenance
responsibility for the sidewalk.
FISCAL IMPACT: The Sidewalk Construction Agreement will be recorded in the
public records at a total cost of $69.50. Funds are available in FY 04 budget.
Source of funds are Gas Taxes.
--
Agenda Item No. 16B17
June 22, 2004
Page 1 of 25
GROWTH MANAGEMENT IMPACT: Maintenance of the sidewalk is being
proposed to protect the safety of the citizens of Collier County. Thus, the
recommendation is consistent with the County's long range planning efforts.
RECOMMENDATIONS: That the Board of County Commissioners of Collier
County:
1. Approve and authorize the Chairman to execute the attached Donation
Agreement.
2. Approve and authorize the Chairman to execute the attached Landscape
Maintenance Agreement.
3. Accept the easement conveyance and maintenance responsibility for the
sidewalk in accordance with the terms of the Landscape Maintenance
Agreement.
4. Approve and authorize the Chairman to execute the Sprint Subordination of
Utility Interests and the FPL Subordination Agreement, when submitted by
staff.
5. Authorize staff to record the Landscape Maintenance Agreement in the public
records of Collier County, Florida.
6. Authorize staff to record the executed conveyance and subordination
instruments in the public records of Collier County, Florida.
_..
Agenda Item No. 16817
June 22, 2004
Page 2 of 25
.-.
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681"1
Recommendaticn to appr'Jv<1 a Danaticn Agreement to a.:::cept an easement
CC.!welim......f: and to approve a Landscape Maintenan03 Agraement lor
mair.t!lnanca oHhe e;dsting s!dewal~; along Vary:l!lrb!lt Offlle and Blueblll
AVI>r:Ull. Project Number: 60171. Estimated fiscal impa.:t: $69.50
lV?-2.12004 9:C'O'OO.AM
Prepared lly
Lorraln& Lanlz
Tranl!lportior: Ser.k;el!l
R'ght Of Wa'} Cacrdinator
!)f25!2i.-ll4 5;1:0:13-
PM
TECM-ROW
03b>
Approved By
K"lflll H~ndrlc!ul
Transportion Sllr.!ces
Right or Way Aequislti<m MlJr'1Jg"r
Tr.w.spo~tl<m Engineering MId
Construction
!ii2M:004 12:li9 PM
Approved By
Grego R, St~kal""e
TransjXlrtJoo Sel'Vices
Transport<;t!on Englnoorlng!
Construction Mgtn! Oimctor
Transportation Englne..ring and
ConstructiDn
03b>
!$!26r,m04 S;(M PM
Approved By
H"k11 F. Ashton
AsslSlblnl Com"'y Atl<)(l,,,y
Oorte
County Manager's Office
County Attorn(,y Off:..:"
5127:2004 11.59 AM
Approved By
mane B. F1avg
Transportior: Servic"s
Trame OPf'rations and Alt Trans
Mod<'S Director
Oat>>
TraffIC Oper..!Jansf ATM
6.114.12004 1:22 PM
Approved By
Ae~unting Superlflr.or
0a1>>
Shar!>tl Newman
Tramilportion Serv!cf}s
T r""..po~tloll Admin!strativn
fil14120114 1 :3li PM
;: "foeutllf" Secretary
Oab>
Approved By
Oian" Pe'rymRn
Transportioo Services
Transpo,t;dlan SeNic&$ Ad~,lfl.
61U/2OO4 3:52 PM
Approved By
Tmnspol1iJtlon 0l',11sion Admlnistratf>r
Date
Nonn E. f(..;:ler. Aiel"
'''ransportJvn Services
Transport<r.lon SflN!r,eS Admin.
$/1<1.'2(;-04 4:24 PM
I"ll~ tehnhard
Ad""ini"tfllti..." A"..h:tant
Date
Approved By
Courlty M"'na~..(!o Offic"
Office of Management & Budget
6.115121)049:41 AM
Approved By
IIlle!"!iJ>!.'; Smylo:ailV-sld
COI.mty M"""5li>l''S Off;c"
M3r'.3gement & eudgllt Director
Oare
Off!,..., of Management & Elud(jet
lil1SfZOll4 1;J:16 />oM
Approved By
County Manailer
Oat"
Jame" V. M"dd
Bcard of C""nty
Commissioners
Count'1 Manager's Offl<>>
6.1151200411;39 AM
Agenda Item No. 16817
June 22,2004
Page 3 of 25
EXHIBIT A
Pa~ 1 of \ ~
BBLS
SURVEYORS & MAPPERS. INC.
1502~A RAILHEAD BLVD.
NAPLES, FLOlUDA. 34110
TIaJEPFIO~~941-591~1315
FAX: (941) 597-5201
LEGAL D:ESCR.lPTION
SIDEWALK EASEMENT
THE DUNES
A PORTION OF SECTION 20, TOWNSIDJl48 SOtITH., RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, BElNG MORE PARTICULARL YDESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOOTHEAST CORNER OF TEE SOlTIlIEAST QUARTER
OF SAID SECTION 20; THENCE N.02012'OOItW.. ALONG THE EAST LlNE OF
SAID SOUTHEAST QUARTER, A DISTANCE OF 90.07 FEET; J..1IENCE
N.89052'20"W., A DISTANCE OF 50.Q4 FEET TO TIlElNTERSEcnON OF THE
NORTHERLY RIGHT OF WAY IJNE OF BLURJUTJ . AVENUE AND THE
WESTERLY!UGlIT OF WAY LINE OF V ANDERBll..T DRIVE AND THE POINT
OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; TIIENCE
CONIlNUE N.890S2'20"W, ALONG SAID NORTHERL Y RlGm OF WAY LINE,
A DISTANCE OF 1,124.53 FEET; THENCE N.ooo07'40"E., A DISTANCE OF 18.00
FEET; THENCE S.890S220"E., A DISTANCE OF 1,105.78 FF...BT; THENCE
N.02012'OO"W., A DISTANCE OF 1,161.48 FEET; lBENCE N.8'J048'OO"E., A
DISTANCE OF 18.00 FEET TO sAID WESTERLY RIGHT OF WAY LINE;
THENCE S.02012'OO"E., ALONG SAID WESTERLY lUGm OF W A YLlNE, A
DISTANCE OF 1,180.23 FEET TO THE POINT OF BEGINNING. PARCEL
CONTAINS 0.95 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO WIGGINS PASS LANDINGS UNIT
NO.1 ADDmON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 10 AT PAGE 8 OF THE PUBUC RECORDS OF COLLIER COUNTY,
FLORIDA.
lOF3
Agenda Item No. 16817
June 22, 2004
Page'4 of 25
J
. '.~.
EXHIBIT, Jt,
~~ of3
TIllS PROPERTY IS SUBJECI'TO EASEMENTS, RESERVATIONS OR
RESTRICTIONS OF RECORD~
-
/::.~ /"'~i:-~'. ~ 09/14/02
~ ~~ ~ ;- S'Ef2~ ~BERRY>> STATE OF FLORIDA, (p.S.M. #5296)
;::.:.,: ....:::::BBLS SPR~YORs & MAPPERS INC... (L.B. (6753)
~ .....~. .....,...... . ':" .-.....: .
-;-~,.y~-~..,.:.-~
""''''''' 'ZiU.BG~ ~WJ>
...._*"..~....:.....-........... /"
(SEE ATfACHED-0023 SW EASEMENTDWG)
ZOP3
Agenda Item No. 16817
June 22, 2004
Page 5 of 25
"
LEGEND
p.ne. POINT Of' COMMENCEMENT
F.IJ.B. POINT OF BEGINNING
," - 200'
~-
-----,---
vANIJE:RBIL Ti IJRNF
~
.....
-J
~
~
l:i
~
ai
....
Q,:
>-.
?i:!
~
)..:
lS
~
NO~
1.) IlrNllO'CS SHow. IlDIEtw IIU'ER 1'1> _ 1>.oS: "-05 UIIIT
110-1 AIIlllIOOf. i'CCllIII!lIo5 10 ,.. pUT 1WDI(llr Rt:CQItO(D ... P'\.AT
..... lG ~~ p~ , (1fI 1><E P\JllLJl: /Itt:allnS Of' <D..UDI CDUNTt.
1'UlIIJI)...
2.) THa PII~1Y I:; :lUlI~\:T TO EASDID/~ IICI:RYA1lClN$ 011
lIDl1aCIKlN5 OF Rl'CClIIll.
3.) IJlWOl_ SHCJOOo _ AIIIl .. f&T AM) DFJ:Ill"lS TllDC:OI".
EXHIBIT A
~;3 of--3
l\;~
~
~ -,
N.
1&
LINE: TABl.E
f..T/'IE BCAi?[Nfi LENGTH
Ll NOZ'72'QO'V 90.07'
Le S89'::i2'20'C 50,04'
L1 /1189'52'20'W
L4 NOO'07'40'C
L5 S8'j'S2'20'e
L6 M1i!'12'OO'!.I
L7 /l/87'48'00'C
L8 SO,?,U:'OO'F.
1,oJ
~
~I
:;::!
~I
I
'.
~21
~ 28
SltEET30F3
I
L
.
i II
~ .
. THIS IS NOT A SURVEY
SKETCH TO ACCCIIPANY LEGAL DESCI1IPT1ON
SlDEWAUC EAsaran
AI PORTION OF SECTlON.1D, TDWNSHIP-flISOUffl./fANGE 25 EAST.
COLUER cOONTY, FLORIDA
B/JLS S/lJlYf;)'t1RS 411APPEBS /IiC.
l~A RAIL HEAD BLVD.
N.II>1.e;, R..DRID-t ~ ~-131G
~
..
i
June 22, 2004
Page 6 of 25
...
!. '.
I 'j
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred !3.,as the "Agreement") is made
and entered into on this ~ day of 5l.U\.l ,20v;:r, by and between VANDERBILT
PARTNERS II. LTD. whose mailing address is 5551 Ridgewood Drive, Suite 203, Naples.
Florida 34108, (hereinafter referred to as "Owner'). and COLLIER COUNTY, a political
subdivision of the State of Florida, (hereinafter referred to as "County'), whose mailing address
is 3301 Tamiami Trail East, Naples. Florida 34112.
WITNESSETH:
WHEREAS. County has requested that Owner convey to the County a Perpetual. Non-
Exclusive Easement for the purpose of public sidewalk over, under. upon and across the lands
described in Exhibit "N (said Easement hereinafter referred to as the "Property"). which is
attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to County for the stated purposes, on
the tenns and conditions set forth herein; and
WHEREAS, Owner recognizes a benefit from this conveyance and desires to convey the
Property to the County for the stated purposes, on the tenns and conditions set forth herein,
said tenns including that no compensation shall be due and payable for the Property requested
by County; and
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 incorporated herein as a part of this
Agreement.
2. Owner shall convey the Property via an Easement to County at no cost to the County.
unless otherwise stated herein.
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, 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 County on or before the date of Closing.
4. This Agreement shall be null and void, and of no further force or effect. unless Closing
shall occur within sixty (60) days from the date County executes this Agreement;
provided; however. that County shall have the unilateral right to extend the tenn of this
Agreement pending receipt of such instruments. properly executed. which either remove.
release or subordinate any and all such liens, encumbrances or qualifications affecting
County's enjoyment of the Property.
5. 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.
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 conveyed to the County, that^tJ:lRn9w.nWeMN2P.t
received notice and otherwise has no knowledge of a) any spill ornw~If!'r'~e~ci~e~~ 1 ~~6~
I
Page 7 of 25
Donation Agreement
1
\
. '.
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 County against and from, and
to reimburse the County with respect to, any and all damages, claims, liabaities, laws,
costs and expenses (including without limitation reasonable paralegal and attomey 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 Section 6. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
8. The County shall pay for all costs of recording the conveyance instrument, and recording
costs for any curative instruments, in the Public Records of Collier County, Florida.
County shall be responsible for paying any costs and/or fees associated with the
securing and recording a Subordination, Consent & Joinder of Easement of the
mortgage(s) recorded against the Property from the mortgagee(s). All other costs
associated with this transaction including but not limited to transfer, documentary and
intangible taxes shall be bome and paid by 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.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.
11.lf 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 County, 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.This Agreement is govemed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the Parties have caused these presents to be executed the
date and year first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Donna Fiala,. Chairman
,Deputy Clerk
Donation Agreement
2
Agenda Item No. 16817
June 22, 2004
Page 8 of 25
... . \.
. .
AS TO VANDERBILT PARTNERS II, Ltd.
DATED:
Attest:
VANDERBILT PARTNERS II. LTD.,
a Florida Limited Partnership
/f!l.r~1111d) Ov.-w.d}
. Ignature)
\l\().~,; ~ G__)(:...HJD
(print Full )~
~
"
(Signature)
~./: a,e.A"e~
BY:
BY:
Si natur
A,m 71. 11-~/'t.
V, c.€... PJtis /D~ /
Printed name and title
(Print Fun Name)
3400 East Lafayette
Detroit, MI 48207
Approved as to form and
Leg. al.suffi.cienJ.:.
'! L--
f;i ~. it . i
Heidi F. Ashton
Assistant County Attorney
Donation Agreement
3
Agenda Item No. 16817
June 22, 2004
Page 9 of 25
".
EXHIBIT A
Page-L- of~
. .
... I..
BBLS
SURVEYORS &: MAPPERs. INe.
1502~A RAILHEAD Bt VD.
NAPLES, FLORIDA 34110
TFLEPHONE: 941-597-1315
FAX: (941) Scn-5207
UGAL DESCRIPTION
SIDEWALK EASEMENT
THE DUNES
A PORTION OF SECTION 20, TOWNSIDP 48 SOUTH. RANGE 2S EAST,
COUJER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAsT CORNER. OF THE SOUTIIE.AST QUARTER
OF SAID SECllON 20; TEENCE N.02"12'OO"W., ALONG TIm EASf LINE OF
SAID SOUTHEAST QUARTER, A DISTANCE OF 90.07 FEET; THENCE
N.89"52'20"W.. A DISTANCE OF SO.04 FEET TO THE 1NTERSECl10N OF lHE
NORTHERLY RIGHT OF WAY LINE OF BLUEBILL AVENUE AND THE
WESlERL YRIGHf OF WAY LINE OF VANDERBlLT DlUVE AND THE POINT
OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED; TIIENCE
CONIINUE N.89"S2'20"W. ALONG SAID NORnIERL Y RlGHr OF WAY LINE,
A DISTANCE OF 1,124.53 FEET; TBENCE N.OO"07'40"E., A DISTANCE OF 18.00
FEET; THENCE S.89"S2'20"E.. A DISTANCE OF 1,105.78 FEET; lHENCE
N.020l2'OO"W., A DISTANCE OF 1,161.48 FEET; TIIENCE N.87"48'OQ"E., A
DISTANCE OF 18.00 FEET TO SAID WESTERLY RIGHT OF WAY LINE;
THENCE S.02012'OO"E., ALONG SAID VJESTERL Y RIGIIT OF WAY LINE, A
DISTANCE OF 1,180.23 FEET TO THE POINT OF BEGINNING. PARCEL
CONTAINS 0.95 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO WIGGlNS PASS LANDINGS UNIT
NO.1 ADDmON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 10 AT PAGE 8 OF THE PUBUC RECORDS OF COLLIER COUNTY,
FLORIDA
lOF3
. .
..<<: : "10
'. .
EXHIBIT 4
Pege4... of~
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR
RESTRICTIONS OF aBCORD.
~. . . . .
(SEE ATIACHED-0023 SW EASEMENT.DWG)
20F3
- :~: .:.
, '1, ", .....
" ,
I LEGEND
p.o.c. PCINT Of" C:[]HHi:NC[M[~T
f' .!J.lI. POlN~ OF lEGlNNlIolG
EXHIBIT A
~ -3 of~
" - 200'
~-
...
====<
llLJtB1LL jloVENllE '\
I '
P.D.C.
2021
29 28
LINE: TABLE
LINE KARIN(; LENGTH
Ll NOZ'1Z'W'oI !XJ.07'
U! se,':!e'2()",!: !SO.04'
L3 NB9"SC'CO-W IIZ4.53'
. L4 NOQ'07'40",!: 18.00'
L5 S8"52'20-[ IJDS.7S'
L(, N02'IZ'~'V
L 7 NBr4tr01YF:
L B S/T<rI2'U(J'!:
....ns>
t.) ~ ,.,. ~ ...... 'PO ..... ..__ L..t\ICIICS \MT
JfO,.I ACIlInC:If. ~ 10 1HC ......T 1t8f'I:F 1IIIttlCII'IGI.. I\.Al
ao::Il 1. .n "A<< " (II ">>c: PI&J: ~ ap' ~ ca..wrr,
n.-...
1.) ft4II "....,.., Ii "..cT 10 ~1S. .......1EIIf$ QIIIr
~.,,-
ol.} ~ ~ ~ All WI nET... ~ lICJI[CI'.
~
~ ,:1
~ ~
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~ I
~
r
I
I
I
THIS IS NOT A SURVEY
SKETCH TO ACCOIIPANY LE6AL DE5CRIPTJOI#
aas ~alliU'Pll!lB.IlItO
1sz:!-A HAL HEAD BLVD.
~~~1fI~_
SIIlEWAI.J( ElIlXIENT
A /'ORT1OII OFSECTIOIf" J'OWNSIP.sount, IIANGE:IIS EAST.
oaLl.JE1I c:otmrr. ~
':~
,.
'.
H~i
.~,\
LANDSCAPE MAINTENANCE AGREEMENT
AMONG
COLUER COUNTY,
VANDERBILT PARTNERS II, LTD.,
AND
THE DUNES PROPERTY OWNERS ASSOCIATION, INC.
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into this <? n.- day of 1u 1\1 , 20<l.fby and between COLLIER COUNTY, a
political subdivision of the State of Florida (hereinafter referred to as "County") whose
mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, and VANDERBILT
PARTNERS U, LTD., a Florida Limited Partnenhip, (hereinafter referred to as "VPIf')
whose mailing address is 5551 RidgewoodDrive, Suite 203, Naples, Florida 34108, and the
DUNES OF NAPLES PROPERTY OWNER ASSOCIATION, INC., a Florida NOD-
Profit CorporatioD, (hereinafter referred to as the "Dunes") whose principal mailing address
is 310 Dunes Blvd., Naples, Florida, 34110, for the landscaping and hardscaping
improvements and landscape maintenance of the perimeter berm along Vanderbilt Drive.
WITNESSETH:
WHEREAS, VPII, has at its expense, provided an enhanced landscaping treatment
along the perimeter berm along Vanderbilt Drive; and
WHEREAS. VPII constructed a sidewalk along the perimeter of its berm; and
WHEREAS, County desires to maintain said sidewalk. for the benefit ofthe general
public; and
WHEREAS, VPII desires to convey an Easement to County for maintenance of said
sidewalk; and
WH EREAS, Dunes desires to maintain the enhanced landscaping and berm and shall
be responsible for future maintenance of said berm and landscaping, hereinafter referred to as
"Improvements;" and
NOW, THEREFORE, in consideration of the above promises and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in
further consideration of the mutual covenants contained herein, it is agreed by and among the
parties as follows:
VPII hereby conveys, and grants unto County, a Pezpetual, Non-Exclusive Easement
for maintenance of an existing sidewalk. over, under, upon and across the following described
lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLO the same unto County, together with the right to enter
upon said land. place, excavate, and remove materials for the purpose of maintaining a
sidewalk thereon, with the express provision that if County shall modify said sidewalk or
Vanderbilt Drive, the County shall use its best efforts to minimize disruptions to existing
landscaping and irrigation, and that County shall, at its sole expense, repair and / or modify
the landscaping, inigation lines and sprinkler heads in the area dam~~j~n~ such...
construction so that unifonn coverage of sod and shrubs is restored upon'md~~eUtil~~....o. 16817
June 22. 2004
Page 13 of 25
"
',.
-~~ .
the construction, or a reasonable time thereafter, The easement granted herein shall constitute
an easement running with the land and shall burden the lands described above. All other
property located in the perimeter berm shall remain thc property of VPII and Dunes and shall
remain their legal responsibility including maintenance liability.
I, The abovc recitals arc truc and correct and are incorporated herein as a part of this
Agreement.
2. VPII and Dunes expressly agree for themselves, their successors and assigns, not
to use the perimeter berm and landscape property (hereinafter referred to as the
"right-of-way") in a manner which would interfere with or adversely alTect the
traffic operation or maintenance of Vanderbilt Drive andlor the sidewalk.
3. Should Dunes fail to maintain the Improvements in accordance with County
approved plans and specifications, the County may provide notice to Dunes in
writing, specifying the nature of the deficiency in maintenance. Within fivc (5)
working days of receipt of such notice, Dunes shall cause the appropriate repairs to
be effected, at no cost to the County. In the event damages to, or failure to
maintain the Improvements results in a situation where public safety is at risk,
including but not limited to: a water main break, sewer leak and the like. the
County may, at its' option, effect repairs to the Improvements itself, without the
need for prior notice to Dunes, and present the bill to Dunes for all actual costs
incurred in effecting the repairs. Dunes shall reimburse the County within thirty
(30) days of receipt of County's bill.
4. VPTI, as it pertains to initial construction, and Dunes, as it pertains to maintenance
and hnprovements, shall indemnify, defend, save and hold harmless the County
with respect to any loss or damages to thc County, and reimburse the County with
respect to any and all damages. claims, liabilities, laws, demands. losses, fines,
penalties, interest, expenses, costs, or judgments including attorney's fees and
costs of litigation, against them arising out ofVPTI's or Dune's use of the right-of-
way and/or the sidewalk for the purpose set forth in this Agreement to the extent
such use violates a term of this Agreement.
5. County agrees to give Dunes and VPll written notice of any claims filed against
the County in connection with this Agreement within thirty (30) days of the date
that the County is aware of such claim.
6. Prior to commencing work on any Improvements contemplated by this Agreement.
the Dunes and/or VPII must obtain a right-of-way permit from the County which
shall address, among other things, the timing of the work, maintenance of traffic
flow during construction, and the permissible lane closures, if any, during the time
that work is performed. VPII shall be responsible for appropriate signage.
7. In the event either party hereto shall institute legal proceedings in connection with.
or for the enforcement of, this Agreement, the prevailing party shall be entitled to
recover its costs of suit, including reasonable attorney's fees, at both trial and
appellate levels.
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, successors,
transferees, and/or assignees, whenever the context so requires or admits.
9. This Agreement constitutes the entire understanding among the parties and any
previous agreements, whether written or oral, are superseded by this Agreement.
10. This Agreement may only be amended by written agreement of all parties.
11. County shall pay for all costs of recording the conveyance instrument in the Public
Records of Collier County, Florida. All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes, and
recording costs for any cunltive instruments shall be borne and p.2i.~~ta~9~lh No. 16817
and/orVPIL June 22.2004
Page 14 of 25
'j
12. Provided the landscaping and construction has not commenced, County may
tenninate this Agreement at any time by giving the Dunes sixty (60) days writtco
notice.
13. This Agreement shall be governed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers and their official seals, hereto affixed the
day and year first written above.
AS TO COUNTY:
DATED:
Attest:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FWRIDA
BY:
Donna Fiala? CbaUlnan
, Deputy Clerk
Agenda Item No. 16817
June 22, 2004
Page 15 of 25
-,'
AS TO VPII:
DATED:~
Attest:
A/}IHli,;) (I,., ,evil:
. (. .gnature)
, w d
wrin.~~
,
(SignallJre)
It f'. a,;tA 14
(Prinl Full Nvnc)
STATEOF ~ \<:\<, ll,
COUNTYOF (('-\\t ~)
VANDERBILT PARTNERS II, LTD.,
a Florida Limited Partnership
BY:
BY:
3400 East Lafayctte
Detroit, Ml48207
The foregoing Landscape Maintenance Agreement was acknowledged before me this ~ day of
~\::. 'v~ ~ '-' (.; w~ . 200i. by ~~"\{"\ s'h(~ ..<L(Name). \:. p, (Title), of
CG&S Investors, In .. a M1Chlgan Profit Corporatlon, as General Partner of VanderbIlt Partners n,
Ltd., a Florida Limited Partnership, who is:
./
pcrsonally known to me
or
who has produced
(affix notarial seal)
~1:~t;... Michelle M. Quevedo
s,.... ib. "T<;: CommisSIOn' 00275360
~\:&,~ Expires ApliI19. 2006
"~.r'urA.~"'-"""'TlOtF'" .........:. ~l'01j
",..,,-
~) IA
as identification.
/Yll LL-{L.{(l ;1,11, Q~~
(Signaturc of Notary Public)
(Print Name of Notary Public)
NOTARY PUR LTC
SeriaVCommission #:(if any)
My CommissIon Expires: _
Agenda Item No, 16817
June 22, 2004
Page 16 of 25
AS TO DUNES:
DATED: v/q/ O~
Attest:
/It :JC .
. ( { 1 /Li~ J: "u... {.! td.v
Signature)
\\\ ,.... ~.<-'""' ~ Qv~v ~l~j)
(Prm~
(Si~ture)
,1(. F. o;~A~~
BY:
(Print Full Name)
31 0 Dunes Blvd.
Naples. FL 34110
STATE OF ~ k < 'l-~(",
COUNTYOF (e\ \\ 6
The forcgoing Landscape Maintenance Agreement wa, ""Im"wl"n~ed before [lle this -S..- day of
-' "...> '.... 202:.1. by \,\..,.~\..... <;\.w..", (Name), \'0...-",-:,,(\ of"- \- (Title), Of
The Dunes Of Na cs Propcrty Owners ASSOCiation, mc., A Florida Non-Profit Corporation, who is:
personally kno",,'tl to me
or
who has produced
..U I/l-
I
as identification.
(affix notarial seal)
/f'! ,1 j. -, !1 ~ I f".. . n
/ --L.'::1 ,vt\_,\ j Iy, ~\\......L€.L"-t{/
(:;lls',lat'llc of Notary Public)
1-~~~:'~~;-', Michelle M. Quevedo
~( ~ ..~ Commission . 00275360
~\~h: Expires Apfil19, 2006
';r.~tf,i"'" .....n...,F... ~K 1CJJ.3IS,.?011
,fri.., ;~"ril<:: of Notary Public)
~'u i/\I\.'( i'LBLIC
;:eriaLC<.:. _:...s.sion #:(if any)
My CUffinlljsio:1 < ...prres:
Approved as to form and
Legal sufficiency:
~ '1
{~I(L J j~
eldi f. Ashton
Assistant County Attorney
Agenda Item No. 16817
June 22, 2004
Page 17 of 25
. .
-
:., "
.
EXHIBIT A
Page-L of~
BBLS
SURVEYORS .It MAPPERS INC.
1502-A RAlLHEAD BL YD.
NAPLES, FLORIDA 34110
~IiO~:941-S97.131S
FAX: (941) 597-5207
LEGAL DESCRIPTION
SIDEWALK EASEMENT
THE DUNES
A PORTION OF SECTION 20, TOWNSHIP 48 SOum. RANGE 2S EAST,
COLLIER. COUNfY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUllIEAST QUARTER
OF SAID SECTION 20; THENCE N.02'"12'OO"W ~ ALONG THE EAST LINE OF
SAID SOUTHEAST QUARTER, A DISTANCE OF 90.07 FEET; THENCE
N.8~2'20"W., A DISTANCE OF 50.04 FEET TO THE INTERSECTION OF THE
NORTHERLY RIGHT OF WAY LINE OF BLUEBILL AVENUE AND THE
WES1F.RL Y.RIGHI' OF WAY LINE OF VANDERBU.T DRIVE AND 'FHE POINT
OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED; nmNCE
CONTINUE N.89"52'20"W. ALONG SAID NORTIffiRL Y RIGHT OF WAY LINE,
A DISTANCE OF 1,124.53 FEET; THENCE N.OO"07'40"E., A DISTANCE OF 18.00
FEET; lHENCE S.89"S2'20"E., A DlSTANCE OF 1,105.78 FEET; THENCE
N.02012'OO"W., A DISTANCE OF 1,161.48 FEET; TIlENCE N.87"48'OO"E.. A
DISTANCE OF 1&..00 FEET TO SAID WESTERLY RIGHT OF WAY LINE;
THENCE S.OZ012'OO"E., ALONG SAID WESTERLY RlGID OF WAY LINE, A
DISTANCE OF 1,180.23 FEET TO THE POlJIl"T OF BEGINNING. PARCEL
CONTAINS 0.95 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO WIGGINS PASS LANDINGS UNIT
NO.1 ADDmON, ACCORDING TO THE PLAT TIIEREOF RECORDED IN PLAT
BOOK 10 AT PAGE BJOF THE PUBLIC RECORDS OF COLLIER COUNTY.
FLORIDA
1 OF 3
'. .
: ":..' '.'
EXHIBIT 4
P8ge~ 012,.,..
rnIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR
RESTIUCTIONS OF RECORD.
f.~ '..:.--~~ --=:> 09/14102
~ ~~. : :- S'ffiPHEN ij;BERRY, STATE OF FWRlDA, (p.S.M. #5296)
~ /-. :. -:::BBLS $!JR~YOgs & MAPPERS INC., (L.B. ~753)
S"#.' ..'~-:-' '~~..'__ ."
""...~.r~ar~~__
-~,~ 'z;u.ooAJ."~WJ'
,..,..................:.....~. .....-_....
(SEE AlTACHED-0023 SW EASEMENT .DWG)
20F J
. :.' ...0".,:
.-, \ .. .
; . i LEGEND
P 1l.C POIHT Of" COHHENC(ME:!'IT
f.:i.ll. POINT OF BEGINNING
" - 200'
~-
....
>-
'"
:>
l5
I~J
~
~I
~ -
_ ;::!l
llc ..
~ I ~I
~ I
~ j' I
I
I
I
NOTa
~ ~ MDW'CII lIU1It m ~ ...c:; l..-tGCS UfIIT
MO.' AG)I'Q(lk N:C0M)fC ra lie I'UT lMIllWGI"" ......aJIIilCIfJ) .. "'-^T
IIlXM 11 A' '-'<< If " t'M!. ~ 1lItCt:es ,. a::&JJDt CAlIm',
n.-.
1.) fheI ~ IS ~CT 10 c.taWOf1S. ~AllCIflCS Oft
...""..,...",,-
3.) ~5IJIlS SHI:l"- fCPEOII ,.. II'l nrr MCI ~OI~ 1IC:IItOr.
EXHIBIT A
Page~ of~
...Q:l
('If ('If
~
LINe TABLE
~ TNt: BE:ARl"l; Lf:lo/GTH
L1 1'102"'12'00''0/ 90.07'
Li? S8<;'Sc'cO'E:. 50.0<f'
LJ N89'SC'cO'''' 11E!4S3'
L4 NOO'07'<f0'E: 18.00'
L5 S8'!i '5::'20-':
L~ NCl2'12'OO-V
L7 /<187'48'00'[
Ul SOe-f!i!W'!:.
::::=:::::::?
BLUEBill AVENUE: '\
I I
P.O.c.
2021
29 28
THIS IS NOT A SURVEY
SKETCH TO ACCCIIPANY L.EGAL DESCRtPTJON
UtS sumEl"OfII. '*""l!RS IIC
Ja12-A RAL HEAD BI.. YD.
.lIIoV'I.ES,R.J:RM....,.~Ul6
_AU{ EASEIIDtT
A I'ORT7OH OF SEC7JON 211, TOWHSH'.. SOUTH.IfAJIGI, 2IS EAST.
ct::1LU9t COC1JIm; F1.OfIIDA
"
1bis instrument prepared by:
Florida Power & Light Company
P.O.Box 1119
Sarasota, l'L 34230-1119
SUBORDINATION OF UTILITY eITERESfS
AND AGRF:F.\fF.NT FOR
RELl\oIBURSEMK~ FORADDlTIONAL FACILITY RELOCATIONS
TillS AGREEMENT, entered into this ~ day of \" 'IF 200li by and between COLUER COUNTY. STATE
OF FLORIDA, hereinafter called the "CoWlty", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation,
whose mailing address is P. O. Box 14000, Juno Beach, Bonda 33408, hereinafter called "Utility".
WIT'I F. S F. T H:
WHEREAS, the Utility presently hlli; an interest In certain lands that have been determined necessary for highway
purposes; and
WHEREAS, the proposed use ofthcsc lands for sldcw3;k and landscapmg purposes will reqUIre subordmatioo ofthc
interest claimed in such lands by Utility to the County; and
WHEREAS, the County is willing to pay for the imlI~j rehxallOn of the Utility's facilities within the public right-Qf-
way to prevent conflict between the C..ounty's use and the CtllLt,\ use, and lor the benefit of each, and
WHEREAS the OJunty, in addition, In recognitIon 01 !:;c (Itlhty's mterest in the certain lands, is willing to pay for
any future relocation of the Utility's facilities from or wllmn the er,Llre width of the public right-Qf-way shown on Exhibit
" A", attached hereto and madc a part hereof,
NOW, 1lIEREFORE. in considerdtion of the mutual covenants and promises of the parties hereto, Utility and
County agree as follows:
lfI1LITY subordinates any and all of its interest in Its cascment lands dcscribed on "EXHIBIT A" attached hereto
and made a part hereof, to the interest of the Coullty. or t';'lcc'essors, for the purpose of constructing, improving.
maintaining and operating a road over, through, upon, umLor across ouch Lands, based on the following:
NATURE OF DATE FROM OR AGAINST
. ENCUMBRANCE .
'1___~.___.-1__---..--J_.. -..-
I Easement . 4/2/01 I Vanderbilt Partners !I
;----.J__..; _____.__. Ltd.__ __.__
IN FAVOR OF
RECORDED
BOOK.pAGE
_i. __ _ _____________-----1______
.-:.:;r;da Power and Light I OR Book 2819
_Company! Pa@_0287-0290
The County and the Utility further agree that:
I. "Public right-Qf-wa)", as used herein, shall mean that ~re~.' hICh IS ciescnbed in Exhibit "A" and which includes the
Utility's easements identified above and additi{Klal lands for puhlic right-Qf-way, as described in Exhibit "A",
attached hereto and made a pan hereof.
2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate
facilities on, within, and upon the public right-of-way descnbed in Exhibit "A", in accordance with the County's
current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation
of facilities within the public right-Qf-way will be subject to prior approval by the County.
3. The County shall pay for the relocation of existing C'ciIities. In addition, the Utility retains the right to be
reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to
be located on the public right-<lf-way described in Exhibit" A", If such relocation or a~a 4t9m ~B 17
June 22, 2004
Page 21 of 25
or future uses of the right-<lf-way by Collier County or its assigns, including, but not limited to, the cost of acquiring
replacement casements.
4. The Utility shall have thc right to cnter upon the lands dcscribed in Exhibit" A" for the purposes outlined in
Paragraph 2 above, including the right to trim such trees, brush, and growth which might endangec or interte.re with
such facilities. County shall provide and insure access to said lands by the Utility.
5. The Utility agrees to repair any damage to County facililie:; and to indemnify the County against any loss or damage
resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its
facilities on the said public right-of-way.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
ArrEST:
DWIGHT E. BROCK, C.lerk
BOARD OF COUNTY COMMISSIONERS
COI.I .IER COUNfY, FLORIDA
BY:
Donna Fial~ Chairman
, Oeputy Clerk
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
Signed, sealed and delivered
in the presence of:
Bd~~~
Print Name: Leslle H1Ch:.ll"i
FLORIDA POWER & LIGlIT COMPANY
By: ~ (bur,;; f1lllrhlCU( \~\
Print Name:Q9nna M. Rodebaugh
ny:"~1jjJ~
Titfe: C rate Estate Manager
Print Name: David G. Douglass
(Corp. Seal)
STATE OF FLORIDA, COUNTY OF PALM BEACH
I hereby certit)r that on this day, before me, an oflicer duly authOrized to take acknowledgements, personally
appeared David G. Doul!:lass to me known and personally known to me to be the person described herein, and did not take
an oath and who executed the foregoing instrument as its Comorate Real Estate Manager of the Florida Power & Light
Company and acknowledged before me that he executed the same as such official in the name and on behalf at said
Corporation.
WITNESS my hand and official seal In the County and State aforesaid thi:l~:t~h Of~, 2o!i
My Conunission &pires: Notary Signature: A D.r-ru dl hI Jf3.../ilttIL9} \
Notary Public State of Florida U
Printed Nam : ,,"-"".
. .~Jl .
:':~<}
I~ .:},.,"~~ - _~
MY COI.\I.l1SSlON . 00 00E579
EX?tRES: CJctOOe< 24. 2005
~ ThN BudIwt!totwf 3enicn
..--.. --~ ._---
... ----"--
. . --- .------
AtJprN1 a~ to f1~i:' ~l,,{,.r.r.J
-..uit r . ---.
~):'~)'-..ull :,Vl,,:l\i..~' l"rl\,.l.Utllc:l
Agenda Item No. 16817
June 22, 2004
Page 22 of 25
EXHIBIT A
Page-L of~
BBLS
SURVEYORS &: MAPPERS me.
1502-A RAU..HEAD BL YD.
NAPLEs, FLORIDA 34110
TELEPHONE: 941-597-1315
FAX: (941) 591-5207
LEGAL DESCRIPTION
SIDEWALl{ EASEMENT
THE DIDiES
A PORTION OF SECTION 20, TOWNSHIP 48 SOUTH. RANGE 25 EAST,
COILIER COUNTY. FLORIDA, BEJNG MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF TIlE SOUTIIEAST QU.AR.TER
OF SAID SECTION 20; TIIENCE N.02"12'00"W., ALONG THE EAST LINE OF
SAID SOt.'THEAST QUARTER, A mSTANCE OF 90.07 FEET; THENCE
N.89"52'20.W., A DISTANCE OF 50.04 FEET TO THE INTERSECTION OF THE
NORTHERLY RIGHT OF WAY LINE OF BLUEBILL A VENUE AND TEE
WESlERL Y RIGHT OF WAY LINE OF VANDERBILT DRIVE AND THE PO~"
OF BEGTNNlNG OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINtIE N.89"52'20"W. ALONG SAID NOR1HERL Y RIGlIT OF WAY LINE,
A DISTANCE OF 1,124.53 FEET; THENCE N.OO"07'40"E., A DISTANCE OF 18.00
FEET; TIIENCE S.89052'20"E.., A DISTANCE OF 1,105.78 FEET; THENCE
N.02012'OO"W., A DISTANCE OF 1.161.48 FEET; THENCE N.8T48'OO"E..A
DISTANCE OF 18.00 FEET TO SAID WESTERLY RIGHT OF WAY LINE;
THENCE S.02012'OO"E., ALONG SAID WESrERL Y RIGHT OF W A YLINE, A
DISTA...'iCE OF 1,180.23 FEET TO TIlE POTh"T OF BEGINNING. PARCEL
CONTAINS 0.95 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO WIGGINS PASS LANDINGS UNIT
NO.1 ADDffiON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 10 AT PAGE 8/0F TIIE PUBUC RECORDS OF COLLIER COUNTY.
FLORIDA
10F3
'''(';'.
EXHIi:3IT A
Psge...::Q.. of...:L
TIllS PROPERTY IS SUBJEcr TO EASEMENTS, RESERVATIONS OR
RESTRICTlONS OF RECORD.
/~- :.:."~~'~ 09/14/02
~ ~~. ~ ;- StEPHEN IF BERRY. STATE OF FLORIDA, (p.8.M. #5296)
~ :;.._:. '..-::::B~ $PR~ORs & MAPPERS INC.. (LB. #6753)
"'::. ......- .~ ~ . ~ - .-. :
~-:;..:~-mxeo.ar~ _
~':-__:~~9(f'
.................................
(SEE AITACHED-0023 SW EASEMENT DWG)
ZOF 3
i . LEGEND
~ ::i.e. ?r:::~f~ (]f' COHNEHCEHE:NT
? .~.a. P3~r CF 3!:~1NN1NG
EXHIBIT ~,
~ .3 .Ot~
I" - 200'
~-
NO """
~ ,...,. ICMaN IIUIII' TO WCI:84 "',.c: ~1:5 lJMT
liIO.l~.~et:.~'!Uf'HE'l"\.A'f"HDII('tF"[CDIIIIID(JJ"',,-,^t
~ HI Itr JllAol:;t .It i1I 1HE F'lJ!llJC ttecalZS c.- ctI.UOI iX'WfTl'.
.........
%.) 'l'MI5 ~ 1$ -":CT TO ~ &:iiDrYA'Kfif$ ~
~"'-
:l.} ~ ~ .c;liQII ... .. f'1lE'T AM'] ~ lMJID:lf.
~~
~
II
I
LINE: TABl.E:
~JNE: l!E:.4R!NG LDlCiTH
LI NOr:I!'1Jl1'V '!J(U}7'
Lc S8'J'Se'eo'~ 50.04"
L1 N89'SnO'lO 1124.5:1'
L. NOO'07'40T; 18.00'
L5 S89'S;:<20-E: 1105.79'
U. ~'!i!'OO'V
L7 NB7"48'OO'E:
La soe-;i!'OO'~
~
llLUElllLL "V(NlJE ")
I 1
P.D.C.
20121
29128
THIS IS NOT A SURVEY
SKETCH TO ACCCIIPANY LEdM.1JESCII6TT7ON
-.s 5I.fRIIEl'DfaI~~oIlIC.
1sr2-A RAL ffIiAD BI.. va.
~~sn.~-_
SGEWALJ( ~~BIT
A PORTIOII OF SECTlOH 2It, TDfIINSHP.SOUTH, /IMIt1iE 2S EAST.
ca..Ll!RCOUWTl; ~
';j,~\~ ~,' ~.i,~;~";,';
EXECUTIVE SUMMARY
Recommedation to Approve the Reconveyance of Real Property per Section 255.22, F.S.
OBJECTlVE: To obtain the Board of County Commissioners' approval to reconvey a 60-foot wide
tract, (being the West 60 feet of the West V2 of Section 9, Township 48 South, Range 26 East,
Collier County, Florida), which has never been accepted by Collier County and is not now, nor is it
contemplated to be used for any public purpose.
CONSIDERATIONS: On October 27, 1972 a Dedication to Collier County was made from Paul F.
Weber, Claire M. Weber, Peter G. Schaaf and Mary M. Schaaf, recorded in a.R. Book 484, page
533, Public Records of Collier County, Florida, dedicating to the perpetual use of Collier County
two tracts for road rights-of-way, utilities and drainage. One of these tracts, comprising the west 60
feet of Section 9, has never been used for any of the stated purposes, and there are no plans to use
this right-of-way in the future, since it does not allign with any contemplated right-of-way or utility
projects.
The current owner of the adjacent parent tract, Parkland Development, L.P. has requested
reconveyance of this unused 60 foot dedicated right-of-way, citing Section 255.22 of the Florida
Statutes. Under this Section, titled "Reconveyance of lands not used for purpose specified," the
original grantor, or any successor in title to the grantor owning lands adjacent to the real property
held by the municipality or county, may demand a quitclaim deed from the municipality or county if,
within sixty (60) months of the date title passed to the municipality or to the county, said property was
not used for the specified purpose for which it was dedicated, provided that no valuable consideration
was given for the property by the municipality or the county.
It appears from the documentary tax stamps related to this recording in 1972 that nominal
consideration, (or less than $100) was paid to the Grantor for the Dedication. This Dedication has
never been formally accepted by Collier County. The sixty foot wide tract has never been used for a
County purpose, and it does not allign with any proposed or contemplated projects.
FISCAL IMPACT: No fiscal impact is contemplated by this reconveyance,' as the requestor will
pay for all recording costs.
GROWTH MANAGEMENT IMPACT: This recor"'nendation is not inconsistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the request for reconveyance of the subject property;
2. Authorize its Chairman to execute the attached Quitclaim Deed on behalf of the Board; and
3. Authorize staff to deliver same to the grantee.
-
Agenda Item 16818
June 22,2004
Page 1 of 3
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMM!SSIONERS
15818
ReconVHY<lnCe of real property via quitcl<iim dHf,d to P,~rk!ands D~:ve;opment, L..
P., pursuant to Section 255.22. F.S., to wit: The W!'~'it 60 fHet of Sadion 9,
Township 48 South, Range 26 East Collier County, Florida, dedicated to CoUier
County for right-of-way, drainage and utility purposes in 1972, but never used
for any such purposes, nor currently ('.r.:)temp!ated for any such uses in the
future.
6f22i2004 9:00:00 AM
Prepared By
Kevin Hendricks
rr;lI1sportit)fI $fJ.rviCI;$
Right Of Way Acquisition Manager
ti~12{}04 2:01 :39 PM
Transpmtil1ion Engineering .:m:1
Construction
Approved By
Gr!:gg R Strakah.lse
Transportion Servic!:s
Transportation EnginefJ.ringi
Constn..l,~ion Mgml Dirl;ctor
T fansportt-rtit)fI f.r:gifleering and
Cmn;tnJcUon
l)~te
fii1Q!2004 2:14 PM
Approved By
Sham!l Newman
Transportion SerYiCli'.S
AccllUnting SuplirYi!ior
Date
Tr:ansportation Administr"tion
6!11i20{l4 8:37 AM
Approved By
Usa Taylor
Transportion Services
Managem!:ntiBu;jget Anaiyst
Date
Transportatk.n Administration
fii11f2004 8: 55 AM
A pproved By
Nom, E, Fedt::r, AiCP
Transportion Ser...il:t::s
Transp"l't.ltionOi'...is!cn Admi,:iGtnt"r
O"te
Transp"rt,ltion Services A~fr.ln.
~;-; 1J2004 3:21$ PM
Approved By
Diane PefTyman
Tfansportion Ser;;kes
f.XE>t~tJ live Secretary
D,~tE>
T fansportt-rtit)fI ServiCf;$ Adfr.h~.
6il1ri.nlJ4 4:44 PM
Approved By
Patrick G. White
County Manager's Office
Assistant Cow;ty Attorney
D~t!:'
County AUomey Offic€
6i1 ,;r2Ql)4 5~23 PM
Approved By
Pat lehnh3rd
County Manager's Office
A;jministrative Assistant
l)~te
Office of Management & Budget
Gi1S!2QU410:29 AM
Approved By
Ja"!1es V. Mudd
Scare of County
Commissioners
County l';';"nager
Dati;
County Manager's Office
6iIS!2QM 2~33 PM
Ag",nri;:! It",m 1 F\R 1 R
June 22, 2004
Page 2 of 3
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this _ day of ,20_, by
COLLIER COUNTY, a political subdivision of the State of Florida, whose post-office
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred as
"Grantor"), to PARKLANDS DEVELOPMENT, LP., its successors and assigns, whose
post-office address is 3185 Horseshoe Drive South, First Floor, Naples, Florida 34104
(hereinafter referred as "Grantee"):
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is hereby
acknowledged, does hereby remise, release, and quitclaim unto the said Grantee
forever, all the right, title, interest, claim and demand which the said Grantor has in and
to the following described lot, piece or parcel of land situate, lying and being in Collier
County, Florida, to wit:
The West 60 feet of the West One Half (%) of Section 9, Township 48
South, Range 26 East, Collier County, Florida
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same together with all appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said Grantor.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
Donna Fiala, Chair~nda Item 16818
June 22, 2004
Page 3 of 3
.-.,."......~
EXECUTIVESU~ARY
Recommendation to approve two Donation Agreements and to accept the
conveyance of two Temporary Construction Easements required for the
replacement of a drainage pipe under Block 89, Golden Gate Unit 3. (Project
No. 60016). Estimated Fiscal Impact: $54.00
OBJECTIVE: To obtain two Temporary Construction Easements necessary for the
replacement of a forty-two-inch diameter corrugated metal drainage pipe which runs
underground along the lot line common to Lots 9 and 10, Block 89, Golden Gate Unit 3,
in order to alleviate flooding problems along 47th Street SW, south of Golden Gate
Parkway.
CONSIDERATIONS: The undcr scction of thc existing pipe has disintegratcd; thcrcby
greatly reducing the flow capacity. This has resulted in storm water run-off backing up
into the neighborhood streets and abutting yards. The replacement of the existing pipe
will eliminate these nooding problems.
..~.--
There are two parallel and abutting six-foot Drainage Easements dedicated to Collier
County in the plat of Golden Gate Unit No.3. However, these existing easements are not
sufficiently wide to accommodate the proposed drainage pipe replacement, as the work
entails laying out the new pipe along one side of the existing Drainage Easements,
digging a trcnch within thc cxisting casemcnts, and piling the dirt from thc trcnch on thc
other side of the easements. For this reason the temporary use of five feet of the property
on either side of the existing easements is required.
It is preferable to obtain written agreements fTom the property owners as the agreements
make it clear that the easements are being donated, that no consideration is payable, and
that the written agreement constitutes the entire agreement and understanding of the
parties, and that there are no other considerations being promised in exchange for the
conveyance of the easements.
FISCAL IMPACT: The property owners have donated the required Temporary
Construction Easements to Collier County. Other than recording fees of $54.00, there is
no fiscal impact to the County associated with the acceptance of the easements. Source
of funds are gasoline taxes.
GROWTH MANAGEMENT IMP ACT: There IS no growth management impact
related to this recommendation.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
r""--'
1. Authorize its Chairman to execute the agreements on behalf of the Board; and
2. Accept the conveyance of the Temporary Construction Easements, and authorize
staff to record same in the public records.
Agenda Item No. 16819
June 22, 2004
Page 1 of 14
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B19
R0cmnmen.j;;1~;on ,0 approve 2 Donatk:n Ag:<:emr:n!5 and to accept the
o:mveyanc~ of 2 temporary constnJction ~'-lsr:m~nts y.,niGh ;;1:<: required f,;r th~
r.1placement of ~ ctisintegratif1o:l drain pipe under B~;}ck 89. Golden G<lte Unit t4,-::,
~i, v..hich is ,;,;"1;)$ing lo<:aI!Z.1G flooding during he<l"'Y rains in the vicinity of 47th
Str~et SW
i.1/2212004 9:00:00 AM
Prepared By
Kff'lin H'mdri,;k".s
Trnnsportion Sarvicqs
Righi Of Way A<;'4,lisition Man"'gffr
Tram;!lmt.'ltJ"n EngEneffrlng ami
Construction
619;2004 2:00:52 PM
Approved By
Sharon N4>wman
Transj1<'>rtion S..r",icllS
A<"~o'Jming Supervisor
o ate
Tr.~nspMtatirJn Admil1i,;tration
61~(l;2(l(l4 12:55 PM
Approved By
Gr;;y!} R. Strak.aE:Js"
Transportion Sarvic<.;S
TrlJP<,por\atkm Engin..arir'g!
Cr>M",trudion Mgmt Dk"c\cr
Date
Transp<;:t.'ltk'n ::ngin..'ning a,'d
Construction
611(1/2(1(14 1 :4~ PM
Approved By
Usa Taylor
Transj1<'>rtion S..r",ic9s
M.'ln8g"menIJ8udgat An",l}',,!
Oat..
Tr.~nsp,~rtatirJn Adminh;tration
61~(l/2(l(l4 3;55 PM
Approved By
Oian.. P"flyman
rransportion Servkes
E);e!;!JUv~ S"cr~tMY
Oat..
TramsllO:1;ation SeNk;?,;; Aamin.
tl~~/2tl(l4 1U:$$ AM
Approved By
Norm E. Feder, Ale?
Transportion Sff,vil'.<lS
TranSllO:1;ation Olv;!>io!1 lI.dmini!>trator
Date
Tr<ms!l';~tati,>n ",,'vices Adrnip
fi!H,i2~~4 4:25 PM
Approved By
Pat !.shnharo
County r'<<anag",!'s Office
Atimir;';;\rlJt;V4> Assi,,\ant
J);,lt~
Orrk€! <of r'<<zna;;lement I\. Sud>l"t
iiHS:l(l(l410:J1 AM
Approved By
Michael Smyk<ow-:;,1I1
County Manase:'!> Office
Management & Sudg.~t O!,ectc;,
Data
Approved By
Office of Ma!13gsmunt & Budget
ti1!ii2tltl4 1;):-$"7 AM
Jmnes V. Mudd
Board of Count'1
Commissioners
Cownty Manager
Date
County Mar;allt'tr's Off",,,
6115/2(1(142::7 PM
Approved By
L)3!e /.\. 8attlon, P.E.
Transportjon Sffr'lk.<ls
Prini:::ipa; Project Manager
Tr.'lm<por\ation Eng',warlnSl and
C~n5truction
L)3te
fi!i1i20~4 4:37 PM
Agenda Item No. 16619
June 22, 2004
Page 2 of 14
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this Z2"~ day of .Ju /o..l ~ . 2004, by and between PEDRO J.
L1COURT AND MARIUS E. L1COURT A/KJA MARILlS E. CUETO, Husband and Wife,
whose mailing address is 4690 25TH Avenue SW, Naples, Florida 34116-7768, (hereinafter
collectively 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 . County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Construction Easement over, under, upon and across the lands described in Exhibit "AU (said
easement hereinafter referred to as the "Property"), which is attached hereto and made a
part of this Agreement:
WHEREAS, Owner desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County for the stated purposes, on the terms and conditions set forth herein. said
terms including that no compensation shall be due and payable for the Property requested by
County; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the r",ceipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and betweon the parties as follows:
1. Owner shall convey the Property to C0!.!l'ty 'All/hi" sixty (60) days of the date
hereof. in a form acceptable to County and at no cost. to the County, unless otherwise stated
herein. Said conveyance (Owner's delivery to County of a properly executed easement
instrument) is hereinafter referred to as the 'Closing."
2. Owner is aware and understands that this ,'~.s ep'I's;:t is subject to the acceptance
and approval by the Board of County Commissiont:r~ ...); Cu,;:SI County, Florida
3. The County shall pay for all costs of recurJinq · :a conveyance instrument, and
recording costs for any curative instruments, in the PulJl;c ;-;'ciNrdS of Collier County, Florida.
4. This Agreement and the terms and proVj~~IO,\S ;ia~c-{)f 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 ~:'S;:,~~tiv'" heirs, executors, personal
representatives, successors, successor trustees, and..'or 8ssignees, whenever the context so
requires or admits.
5. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so state<J 2bove; and the written Agreement,
including all exhibits attached hereto. shall COiistl(uie the entire Agreement and
understanding of the parties, and there are no other ~.(x rV ;~)ntemporaneous written or oral
agreements, undertakings. promises, warranties, or COIf0'1an+s not contained herein.
Agenda Item No. 16819
June 22, 2004
Page 3 of 14
6. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACaUISITlON APPROVED BY BCC: , -~z..c4
AS TO COUNTY:
DATED: r:... 22- 04
,Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Donna Fiala, Chairman
ATTEST:
DWIGHT E. BROCK, Clm
AS TO OWNER:
X:J/-d'
:r....~.. ,_
,..~,
Pedro J. lIcourt
Name: ~ () & i"A-.. "-1 d-tHfi- c... Bu~(ff
)print) "
/ a. i/f-.!Co;u ~tJ
Witness (Signature)
/, . (
Name: (dn..llnt2. );~z;.
(Print)
---
~?~-7
~
Witness (Signature)
Name: ~o8~r f..t rC.i-!A.eL
, (print)
I
(" (L/~ t--ic~L.
Witness (Signature)
Name: (~lL ( I ~\-t
(Print)
-- .'. ""I ?
/J)G(j~ C J tA.-C
MarHis 1:. licourt a1kJa Marilis E. Cueto
Rore/,.(.
Jj4
.~Gto
Approved as to form and
legal sufficiency:
i:L~~
~Ellen T. Chadwell
Assistant County Attorney
DonaUon Agreernem
2
Agenda Item No. 16819
June 22, 2004
Page 4 of 14
\~
<51\ \
o. ~
-;J \ U\
~\
IJf:SCRtPTION OF .5' TEJiPOR.lRY CONSTRUCTION EASEMENT
ALL THA.T P~PT OF LOT 10. BlOCK 1J9. GOlDrN ~T[ UNlT J N:CORDING
TO THE PLAT THrREOF AS RECORDED IN PLAT BOOI< 5. PAGES 97-105.
PUBLIC /lfCOROS OF COOlER CCUNTY, FlORlCl4.
COWlNC1NC AT THE NORTHWfST CORNU? Of" SIoJO LOT 10:
THENCE ALONG THe 8OUN{).I,Ry Of" SAID LOT 10. NORTHCASTER1.Y 6.00
FEET /lL0N(; THf ARC OF A Cmctll.AR CUR\If: CONCAVE TO THE SOUTHEAST
flAVINe A RADIUS OF 1695.00 FEfT IHROUCH A CENTRAL AHGtE OF
cr 12'10. J.NO BEING SUBTENOfO BY A CHORO WHICH OCARS
N62'J8'58"[ 6.00 F(U TO 7Hf: POINT Of SfCINNlHC;
mEHCE CONTIMJE ALONG SNO CVR'rr 5.00 rrfT THROOGH A CCN1RAl.
,lHC(E OF 0"10'08" M<<J 9EJN(; SUBTfNDlD BY A O#ORD WHICH
BEARS N62'5O'07't 5.00 Fm;
THENCE l~VING $NO UN[ 52727'07"[ 125.00 f'[ET TO A POINT ON
THE SOUTHERLY 8OIJNQ,IRY OF SAID LOT 10;
THEHCC ALONG SJJD fJOI.JNDARY SOtITHWfSTERI.Y 5,00 FtU ALONG THE
ARC OF A ClRClMR CtJRVE COHC4VE" TO THE SOUTHrAST HA\o7NC
A RAOIUS OF 1570.00 fFfT THROOGH A CENTRAL AHGl.E OF 0"10'57. ANO
BEINC SUS/fN!)f[) 8Y A CHORD WHICH BfARS ~2'5 I'JO"w 5.00 fEET;
THENCE LEAVING SM) lIH[ N2T27'orW 12500 FEET TO J}jf POINT
OF BEGINN1NC.
8f:1.R1NGS AR D ON THE WEST UHE OF lOT 10 BeING S2727'07't.
COWAiN 2 $O(MRE I'm IJORE OR lESS
SUBJECT. 0 IJfNT~ Z'TRlCTlONS or RECORD
8Y -----------~srn--~~
ANDREW S. SEGJ(, 1'.5.11. lS 6065
CERTifiCATE OF AUTHORIZATION lB-4)
'10 r VALID WITHOUT THE SIGNA TuR! ,wo ORIGIN.4/. RAlSfJ) SW OF A
flORIDA LlCENSEO SUfM.YOR AND MAPPER.
SUBJECT TO [AS[IIENT5, RESERYAOONS ,wD RESTRICTIONS OF RECORD,
P.D.C 2 POINT or COMIIENC04[NT, P.O.B. = POINT Of BEGINNING
~ PARCH OESCRjEJED
EXHIBIT
Page ,
A
of-L
P.D.C.
NW CORNER LOr
BLOCK 89
GOLDEN GATE UNIT J
P.8. 5, PeS 97-105
'"
/"
LOT 11
(:)
.,.,
'-
w
-'
~
fI)
LOT 8
~\.
~ RfVTSEO J/16/0<4
REVlSEO 5/7/0<4
** NOT A SURVEY H
~
[
Uor 16. 2004 - 07:5-4:07 1<~II.4E:SIX:\SUA\t..tISC\lCC-.lOA.d"9
CURVE: RADIUS
CI
C2
CJ
C.
teNGn; TN/GENT CHORD Cffl)Rt) BEN/IN(;
6.00 J.OO 6.00 N62'J8'S8"E:
5.00 2.50 5.00 N62'SCJ'07"E:
5.00 2.50 5.00 552'5' 'JO"W
8..7.5 .2.-'8 84.7.
Wils6nMille,-'--
1"
-.-.-.-.'--.-.,....
~hc:
_.....&.....-=:::-t=:.;.-=-.:-:.~~~ ~
OJENI, COWER COUNTY
~ SKETCH AND DESCRIPTION
s' TCI.II'OI?#lY CONSrRtJCTION CASCIlENT
PARr OF LOT 10 9HJCK 8'.1 COLD<t>I GATE: VNlT J
pu.r 900/( s, P,ltc;[s 9T-I05. 'COWER COUNTY. flORIO'"
C)U[: PIIIO.I('C:t fII) ~ SHECt ........-= I fl,( JIl') I
MARCH 7004 N8:ZJS-IXU-OO~-CCSOO r '$ , 1GG-Ja4
Agenda Item No. 16819
June 22, 2004
Page 5 of 14
Prepered bIt
EllaP T. Ch~". E~I"
Office of tnE Coynt1 AttorRll
3301 E.n1. TlIII1".1 Tra"
11.,1." florida 34llZ
(961) n...e<<lO
TEMPORARY CONSTRUCTION EASEMENT
This Easement grantacl this : 5-' - ."( day of AA. 1"0. Y , 2004, by PEDRO J.
lICOURT AND MARlllS E. LICOURT AlKJA MARIUS E. CUETO, Husband and Wife, whose
mailing address is 4690 25TH Avenue SW, Naples. Florida 34116-7768, (hereinafter coIlectivelv
referracl to as "Grantor") , to 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 "Grantee"),
(Wherever used herein the terms 'Grantor' and 'Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of ail individuals, and the
successors and assigns of corporations.)
WITNESSETH that 1he Grantor, for and in consideration of Ten Dollars ($10.00) and
other valuable consideratLon paid by the Grantee, receipt of which is hereby acknowledged,
hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction
Easement to enter upon the lands described as follows:
SEE ATTACHED EXHIBIT 'A' which is
incorporated herein by reference.
for the purpose of constructing public facilities adjacent to this area. Except as provided below,
this Temporary Construction Easement shall expire on November 30,2004.
If the construction of the public facilities is not complete by November 30, 2004, then the
Grantee may extend the Temporary Construction Easement tor six (6) months (until May 31,
2005) by recording a Notice of Time Extension in the Public Records of Collier County, Florida.
If the Grantee shall extend the completion of the publlc facilities, Grantee shall first notify the
Grantor in writing at the address listed above.
Upon the completion of the public facilities, the Grantee shall restore the surface of the
easement area to its original condition.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
~~
Witness:
~T
PEDRO J. L1COURT
~ d~(A....~.tf..IH. go~q+
Print N.ame:,
,/..r ~/&~_ ~
Witness:
/'j . r
( tLr()/m.f ....k to
Print Name:
Agenda Item No. 16819
June 22, 2004
Page 6 of 14
STATEOF Irr~1~
COUNTY OF (oj
The foregoing Temporary Construction Easement was acknowledged before me this 2 S>T"I+
day of M. ~Y .2004, by PEDRO J. UCOURT, who:
is personally known to me
OR
produced 1),,1<11"1 hOnfJ (p.) 1. :J!,-3r;,1cJ ,,)6' ,t/{fp~t of identity.
../ .'M
/ tv/~(~' 7f,L '.' ,
; (Signature of Notary PYbllc)
(kto1u.,> J;fd
( rint i'.ame of Notary Public)
(affix noIar1aJ 8981)
-L
1Jt~
.!e. :t-i~j
Ser.al/ Commission # (if any):
My Commission Expires:
~
P-.6t Etr k~c.eI(f l CoJtH
Print ~ame:. /
hAt<-Luv /)~
Wit9ftSS; -
· , . r /
( /11, iff).f Jc' ft::
Print Name:
- -,1.,:' 7"'
/,' '''''_ (('.' o' "C.
\1ARllIS E. LlCOURT A/KJA MARIUS E.
CUETO
~~~T~-r$~F ~:;,~~
The lo~e~in~ Temporary Construction Easement was .acknowledged before me this ~
day 01 -) 7, (UI .2004, by MARllIS \: UCUURT AlKJA MARIUS E. CUETO, who:
(
is personally known to me
OR
V produced DY(VffJ LaAlSJ. {O )L~ 3 ,?';cj.f::~~-il.j-aqproot of identity.
(............., .;Z ~~~ xM
(Sil1'61Ura ot sry Public) .--
r.. . t" ::!.~-r n_/~\.r()/Int S:Jv
..._ (Pnnl Name 01 Notary PubI(:)
:" Bonded tIIrcIu8II
;.(~=.-~..,~!.":'.. Notary .........Ih:. i
....................~ Seridl/ Commission # (if any):
~"y Gc~mission Expires: _
~~fO~,
Assfst4nt County Attorne,
Ellen T. Chldwtl1
2
Agenda Item No. 16819
June .22, 2004
Page 7 of 14
-
DeSCRIPTION OF 5' Tfl.lPORIRY CONSTRUCTION ~UfNT
AU mAT PART or LOT ID, BLOCX 89. GOLDeN CArf UNIT J ACCORDiNG
TO THE PuT THEREOf" AS RfCOROF:D IN PLAT SQOl( 5, PAGES 97-105,
PU8l/C RfCORDS or COiLlCR COUNTY, FLORIDA.
COUUfNCIHG A' TH[ NORTHWfST CORNE:R or SAJO LOT 10;
THENCE: ALONG THE: BOUNDARY OF SAID LOT 10, NORTHEAS1fRf.Y 6.00
FrET ALONG THE ARC or A CIRCU/.AR CUR\'[ CONCAY( TO THE: S(JUTHfAST
HAVING A RJ.DIUS OF 1695.00 nET THROUG~ ... CENTRAL ANGLE: OF
cr'2'10. AND Sf/HG S1J9TfNOE:O BY A CHORD WHICH BrMS
H62"J8'58"E 6.00 FE:f:T TO THE POINT or BEGlNMNG;
THENCE: CONTINUf AL()I.fG ~D ClJRIif 5.00 rm THROUGH A CENTRAL
ANGLE: OF U' 0'08" AND BEING SUBTfNOCD BY A CHORO IWtICH
llfARS N62"50 'on: 5.00 ffIT;
THCNCE LE'-V1NG SAID UHf S2nr07"r /25.00 FriT TO A POINT ON
THE SOt/7HERf.Y 8011NDARY OF SAID LOT 10;
TH[HC[ ALONG SAID BOUMJARY SOUTHWesTERlY 5.00 FrET ALONG THE
ARC or A CIRCUW? CURY( CONCAvr TO THE SOUTHEAST HAW<<;
... RADIUS OF 1570.00 FITT THROUGH A CCNTRAl. ANGI..C or crlO'57" AND
BEING S/JBTf:NOf:D BY A CHORD WHICH BCARS S62'5,'JO"W 5.00 FEU;
THENCE lCAVING SNO LINE: N2727'07"W 125.00 FrCT TO THe POINT
or BCGINNlNG.
BfAAfNCS All fD ON 1HE w(ST LINE OF LOT 10 BEINC szn7'07"r.
CONTAIN/N Z Sow.Rf FEIT tlORE OR LCSS
SU8JfCr. 0 O/fNT I.ND ~~/0NS or ReCORD
BY ---______..:L~ng-~~
ANOROr B. SECK, p.S.I.t. LS 6065
CERT/FlCJ,TE: or AUTHORIZATION L8-.f.J
NOT VALlO WITHOUT THE: SiGNATURe AND ORIGINAl. RAiSED SfAI. or A
FLORllJ,I, LICeNSED SURIO'OR AND lMPPER.
SUl3JfCr TO fASEUfNrS, RfSE:RVATIONS AND RESTRICTIONS or RE:CORD.
P.O.C = POINT or COI./UENCDACNT, P.D.B. = PO'WT OF SE:G/NNrNC
/ ~ PARCEL OESCRIBCD
EXHIBIT
Page i
A
of I
~~
~
(5'1 ~
o. ~
~\ \fl
~\
LOT 17
'0
on
~
<(
u
'"
....... 16, 2il04 - 07:54:07 I(RIWGIX:\SUR\WISC\'G(;-:l(JA.d_;
RADIUS DEUA lENGTH TANGE:/oIT CHORD
1695.00 O'IZ'IO" 6.00 J.OO 6.00
1695.00 0'10'08" 5.00 2.50 5.00
1570.00 0'10'57. 5.00 Z.5O 5.00
1695.00 T' " 84.75 "Z.J8 84.7"
p..\-
~ RfVlSfO J!.'1i/04
REVISED 5/7/04
** NOT A SURVEY **
C~i;jFf;;'~:.-i I'
N62'50'Q7'1: j
~~~'.;:' ':i 1
~
I
LOT 8
Wi/.Miller -.--
-,_.~._.,-_.----
~h:.
.... .................. ....................... ,'-'-Clpa.
_....u...... ....,...,..,.~~,........ ..... ~
OJoo, COLUER COUNTY
....., SKFTCH mo D5CRIPT1OH
s' TFMPORARY CCJfr.iTRtlCTION ~rNr
PART Of LOT 10, BlOCK 89, GOtDrN GoiIIl" u'I,r
Pl.AT BOOK .5. PAGES 97-105. COLLICr/ COUNTY, ,.. __.~.__
Mlt: HDU1 '6: SHUt ....-.: : - ..~.:.: _ 1
/MIlCH 2004 N82J5-004-004-CCSOO 1 Of r:, \..1\r J':.;j,J
Agenda Item ~h. i '';:=-..J 19
JUf1>:: 22, :2004
Page 8 of 14
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this Z'Z..~ day of . Jv~~ , 2004, by and between
INVESTMENT SYSTEMS, INC. OF SOUTHWEST/FLORIDA, a Florida corporation, whose
mailing address is 880B Muirfield Drive, Naples, Florida 34109, (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 II County").
WITNESSETH:
. WHEREAS, County has requested that Owner convey to the County emporary
Orlstruction Easemen .over, under, upon and across the lands described in Exhibit "A" sal
easemen hereinafter referred to as the .Property"}, which is attached hereto and made a
part of this Agreement;
WHEREAS, Owner desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County for the stated purposes, on the terms and conditions set forth herein, said
terms including that no compensation shall be due and payable for the Property requested by
County; and
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 County within sixty (60) days of the date
hereof, in a form acceptable to County and at no cost to the County, unless otherwise stated
herein. Said conveyance (Owner's delivery to County of a properly executed easement
instrument) is hereinafter referred to as the "Closing."
2, Owner is aware and understands that th:~ ,^.grcoment is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
3. The County shall pay for all costs of !e\:,orjing the conveyance instrument, and
recording costs for any curative instruments, in ttlCl Ft..i8ijC liecords of Collier County, Florida.
4. This Agreement and the terms and pro'/i;.;icn~ ('ereof shall be eHective as of the
date this Agreement is executed by both parties a(ld .5hall inure to the benefit of and be
binding upon the parties hereto and their rl:lspective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the context so
requires or admits.
5. 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 cunstilute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements. undertakings, promises, warranties, or c.;OV0nants not contained herein.
Agenda Item No. 16819
June 22, 2004
Page 9 of 14
6. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY Bec: '...22.0..{
AS TO COUNTY:
DATED: 6.22-~
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,Deputy Clerk
BY:
Donna Fiala, Chairman
AS TO OWNER:
~41::~: {J JL",
Witness (Signature)
Name: Shl(Ettl l0 '(I(etiS
(Print)
~ \Ch 1 Is.G^lL.~
Witness (Signature)
Name:J{(Ai tA @. , Ar~~('\~
(Print)
Invest
Florid
I
I
I
of Southwest
ion
Approved as to form and
legal sufficiency:
kv~
Ellen T. Chadwell
Assistant County Attorney
Agenda Item No. 16B19
June 22, 2004
Page "10 of 14
EXHIBIT
Page I
DfSCRIPTION or A 5' TEMPORARY CONSTRUCTiON EASEMENT
ALL THAT PART or LOT 9, 9LOCK 89, COWEN G.J.TE UNIT J ACCORDING
TO THE PlAT THfRfOF AS RECORDED IN PlAT BOOK 5. PAGES 97-105
PUBl..1C ReCORDS OF COWER COUNTY. FLORIDA. .
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9;
THENCE ALONG TH[ BOUNDARY OF SAID LOT 9. SOUTHWESTfRLY 6.00
FEET ALONG THE ARC OF A CJRCUUR CURV[ CONCA'Yf: TO THE SOUTHeAST
HAVING A RADIUS OF '695,00 FEn THROUCH A CENTRAL ANGlE OF
0"2"0" AND BflNG SUBTfNDfD By A CHORD WHICH BEARS
562' J8'58"W 6.00 F[fT TO THE POINT OF BEGINNING;
THENCE LEAVING SAJD LINE S2727'OrE '25,00 FEET TO A POJNT ON
THE SOUTHER!. r BOUNDARY Of SAID LOT 9;
THENCE ALONG SAJO OOUNDARY SOUTI-/WfSTERLY 5.00 FEfT ItLONe THE
.\> ARC OF A CiRCULAR CURVE" CONO,Vf TO THE SOUTHEAST HAVING
;\~ A RADIUS OF 1570.00 FfET THROUGH A crNTRAL I1NGLE OF 0'10'57- AND
~ BEING 5UBTOiDfO BY A CHORD WHiCH BEARS S62"4'16"'W S.Da fEET;
TH[NCE LEAVING SAID LINE N27'27'07"w 125.00 rfET TO A POINT ON THE
U' SOUTHERLY RIGHT OF WAY OF 25th AVE". 5W:
~ THENCE ALONG SAID BOUNDARY. NORTHEASTERLY 5.00 ALONG THE ARC OF
'""" ~ A CIRCUlAR CURVf CONCAVE TO THE SOUTHEAST HAVING A RADIUS Of
v' \ --= /595.00 ITEr THROUGH A CENTRAL ANGLE OF 0'10'OS" AND BEINe
o ~ ~ SUBrENDED BY A CHORD WHICH BEARS N62' r.'iJ9"[ 5.00 fEET TO THE
\ POINT OF BEGINNING;
~ U\ CONT.AJNING 625 S~UARE FEET JJORE OR LESS
'.L. SUBJECT TO EMENTS AND RESTRICTIONS OF R[CORD
=- BEARINGS E BASED ~NE or LOT . BEING S2r2ron.
~~'I~/~~'BY ______________~___________~~~~
r"~ ANDREW 8. BECK, P.5 M. l51 6055
'{\ CERTIFICATE or AUTHORIZATION I tB-.fJ
~S'C 0 I~ NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
> r' FLORIDA LICENSED SURVEYOR AND MAPPfR.
60 POCo '" POINT OF COMMENCEMENT, P.O.B. .. POiNT OF BEGINNING
A
of (
P.O.C.
NE CORNER LOT 9
BLOCK 89
GOLDEN GATE UNIT J
P.B. 5, PCS 97-105
~ PARCH DESCRl8ED
LOT 11
/
~
c.
.~
~
'7::) LOT
o
If)
.
~
~
<(
u
V1
LOT 8
~
I
/c~
CURVf
C4
C5
C6
C7
RADIUS
1595.00
1570.00
'695.00
1695.01
PROPOSED 5' TEMPORARY RfIIISfD 3//6/04
CONSTRUCTION EASEMENT R[V15[D 5/7/04
CURVf TABLE
LENGTH TANGENT
6.00 J.OO
5.00 2.50
5.00 2.50
84.75 42.J8
DELTA
0'12'10.
0'10'57-
(JIO'oa"
2'51'5J"
CHORD
6.00
5.00
5.00
84.74
CHORD BEARING
562" JB '5B"'w
S62'74'r6"w
N62'15 'J9 "f
S61"06'56"w
** NOT A SURVEY **
Mor 16. 2004- - 08:5(l:59 Kilfl.lESIX:\SUR\IAISC\ lGG-30.dwll
_.-
Wi/sOnMiller
,..
--'.............. . ---......... - . ----....
~~ roc.
...... _.......... _..... - .-CIlr-
_...1.-....... ............--.- ....-.,.. _.- --
ClIENT, cowrn COUNTY
Tln.E: SKE:TCH
5' TEJ.lPORARY CONSrRlJC~~fJ!004
PART OF LOT 9. BLOCK 89, CO~JiAU1I..lt1tT..Jt
ptAT BOOK 5, PAGES 97-105, COL[i~~~\r'"tt1ltIDA
OAlE; pAoJ(CT rcO.; SHal "lIIoIllEJl: nt.E NO.;
AJARCH 2004 N82J5-004-004-CCSOO , Of" , TGG-3D
Pre9lrtd b'l
En.,. T. ~11. E..1,.
Office of ~;1e CountJ Attorfte1
3301 East TaMl~1 Trail
NlPles, Florida 34112
(941) 714-&400
TEMPORARY CONSTRUCTION EASEMENT
This Easement granted this H tI.. day of ~ 2004, by INVESTMENT
SYSTEMS, INC. OF SOUTHWEST FLORIDA, a Florida cdrporation, whose mailing address is
8808 Muirlield Drive, Naples, Florida 34109, (hereinafter referred to as "Grantor") to COLLIER
COUNTY, a political subdivision of the State ot Florida, its successors and assigns, whose
mailing 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 the heirs, legal representatives and assigns of all individuals, and the
successors and assigns of corporations.)
WITNESSETH that the Grantor, for and in consideration at Ten Dollars ($10.00) and
ether valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,
hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction
Easement to enter upon tI1e lands described as follows:
SEE ATTACHED EXHIBIT "A' which is
incorporated herein by reference,
tor the purpose at constructing public facilities adjacent to this area. Ex.cept as provided below,
this Temporary Construction Easement shall expire on November 30, 2004.
If the construction of the public facilities is not complete by November 30,2004, then the
Grantee may extend the Temporary Construction Easement for six (6) months (until May 31,
2005) by recording a Notice of Time E:"lension in tha Public R..cords of Coilier County, Florida.
If the Grantee shall extend the completion of the public facilities, Grantee shall first notify the
Grantor in wrrting at the address listed above.
Upon the completion of the public facilities, the Grantee shall restore the surface of the
easement area to its original condition.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
"'\
,
Jt~ 0~J
Investmen.t S
Florida, a
Witness:
'::lh tf'f:b, l\); lLerrs
Print Name:
~ 'V/ ,_1 ,~. ('~('
Witness:
By:
(Signature)
Todd E, G es, President
\
!4.'f('. 0,. ItA "....1
Print Name:
Agenda Item No. 16819
June 22, 2004
Page 12 of 14
I
STATEOF FL-.)\l..lcA
COUNTY OF c..cj\ uGR.
The foregoing Terworary Construction Easement was acknowledged before me this 2b ~
day of ~J...:~ ,2004, by Todd E. Gales as President of Investment Systems,
Inc. of Southwes Jorida, a Florida corporation. who:
,,-
~ is personally known to me
OR
produced
as proof of identity.
(affix notarial 58111)
J j '\ ,
~iJ,~
(Signature 01 Nolary Pubftc)
~h e.o:,e.r' hi:He(1~
{Pnnl Name 01 No1ary Pulllic}
I),"..," Shereen WiIleus
l~ CaIIIIIl.IIaI'~ '~'mo
r ." ~~2004
"M... ~ ~ Ca.. bo:.
Serial! Commisslon # (it any):
My Commission Expires:
~t~~~~c~
4ssfstlnt Count.r Attorner -
Ellen T. Chidw.ll
2
Agenda Item No. 16819
June 22, 2004
Page 13 of 14
EXHIBIT
Page I
DfSCRIPT/ON or A 5' TFMPORARY CONSTRUCTION CASfMfNT
All THAT PARr or WT 9, BLOCK 89. COtDfH GAT!: UNIT J ACCORDING
TO ilK PUT THERfOf AS RfCORDfO IN PW BOOK 5, PAGfS 97-105,
PvBl.IC RECORDS Of COWfR COUNTY, FLORIDA
C()/NENCINC AT THE NORTHfAST CORNER OF SAID LOT !l;
THENCE ALONG me BOUNOIoRY OF SAID LOT 9. SOOTHWfSlfRL Y 6.00
FEfT AtONG THE ARC OF A ClRCUUIR CURY( CDNGAYf TO THf SOUTHeAST
HAiliNG A RADIUS or 1695.00 FEO THROUGH A CfNTRA( ANGLf OF
(112'10' AND BflNG SUBTE:NOfD 8Y A CHORD WHICH BEARS
562'.38 '581f 6.00 FEfT TO THE POIt{7 Of BEClNNIHC;
THENCC LCAVlNG SAID UHf S2727'07"C 125.00 fffT TO A POINT ON
THE: SOUTHERLY BOUNOAAY OF SAID LOT 9;
THDK:C ALONG SAlO SOt./NDARY SOUTHWfsrcRL Y 5.00 FEfT ALONG TH(
~ ARC Of A C/RCWtR CURY( CONCA\;( TO THf SOUTHEAST ~"'NG
;\~ A R,AJ)/US or 1570.00 {fer THROUGH II CCNTRAL ANQ.f OF 0'/0'57" AND
BONG SuaTfNOE:D (J'I II CHORD WHICH Bf..4RS S62'H'r6"W 5.00 FEfT;
~ THfNCE LEAVING SAlD UHf NZr27'07"w 115.00 FEET TO II POINT ON THE
U\ SOUTHERLY RIGHT or WAY OF 25th AVE", SW;
~ ' THENCE ALONG SAIO 8OUNDAAY, NORTHEASTERLY 5,00 ALONG THE ARC or
~ II CIRCUlAR ctJRVf CONC4VE TO mE SOUTHEAST H'.1oYNG II RADIUS OF
(j'I ~ '695.00 FefT 7HROuCH A ceNTRAL ANCtE OF 0'10'08" AN() BEING
O~ ~ SUBTfNOfD flY A CHORO WHICH BfARS N62'I.'5'J9"[ 5.00 fffT TO THE
\ POINT OF 8fGlNNI~;
~ . t"\ CONTAINING 625 SOUARE Fen l.IORf OR LESS
~ . SUBJECT 10 IifNTS AND RESTRICTIONS or RfCORO
~ BfARlNCS BASro ~NC or LOT 9 BEING S2727'07"(.
~" iCyS~' Err' _____________-:_________~~~~
,..."1"" ANDRfw 8 flECK, P.S./tI. lsl 6065
c...\" .~\ CfRT/flCATf OF AUTHORIZATION I tB-4J
~'J 0 l'l'l NOT VALID WITHOUT THE SIGNATUR[ AND OR,GlHAL RAiSfD SEAL or A
'~" FLOR/DA (lCfNSED SUR\I(Y()R AND MAPPfR.
60 P. 0, c. - POINT OF COMUfNCCllfNT, P.D.B. . POIWi OF BEGINNING
~ PARCfL DrsCR/BCD
A
ofi
LOT
11
a
oil
'-
w
5
ltl
LOT 8
~
I
** NOT A SURVEY **
CURVE"
C4
C5
C6
C7
RADIUS
1595.00
1570.00
1695.00
1695.0'
PROPOSE:D s' TEMPORARY RE\1SfD 3/16/04
COi'<STRUCTION fASfMfWi RfVISfD 5/7/0.
CURVE TABLE:
LfNGTH TANGENT
6.00 J,OO
5.00 2.S0
5.00 250
84.75 42..38
DELTA
1T12'/ .
ITl0'S7"
IT /0'08"
2'5"5.3-
CHORD
6.00
5.00
5.00
B~.74
CHORD B(ARINC
S62'.J8'58 'W
S67r.'16'W
N62'IS'J9"f
S5I'06'S6"W
Yo, \6. :'004 - 08:~O:~9 KRlUESlX,\SUR\IotlSC\lCC-JO.d..
Wils;nMiller -..
_._._._..--._-
~....
___...-=::::.~:=;,;.-=-.o:=.e~~ -==_
M.', COLUCR COUNTY
1IttC, SKITCH AND DCSCRIPT10N
.s' rfliPORAR'f CONSTRUCTION CASCIolENT
PART OF LOT 9, 8L OCK 89, GOI..Dt:N G.o\~ UNIT J
PLAT 800K S, PAGeS 117-/0.5. COUlCR COUNTY, FL01?J1:M
~T(: NQJ(CT NO.: Wet NlM..~ IU twO.:
&lARCH ]()()4 N82JS-()()4-D04-GCSOO I or I ICG-3D
Agenda Item No. 16819
June 22, 2004
Page 14 of 14
EXECUTIVE SUlVlMARY
Recommendation to amend Resolution No. 2001-56, which established an
Ad Hoc Advisory Committee to provide input and guidance in the aesthetic
appearance of the 1-75/Golden Gate Parkway Interchange by extending the
life of the Committee until the completion of the Interchange.
OBJECTIVE: The 1-75/Golden Gate Interchange Ad Hoc Committee would like to extend the life of the
committee through construction and completion of the interchange.
CONSIDERATION: In February 27, 200l(Agenda [tern 16BI2). the Board approved the formation of
the 1-75/Golden Gate Parkway Ad Hoc Beautification Committee to advise on the landscaping and other
aesthetic enhancements for the 1-7 5/Golden Gate Interchange at the request of the Metropolitan Planning
Organization. The Committee has provided guidance in the aesthetic appearance of the 1-75/Golden Gate
corridor and coordinated with the Florida Department of Transportation (FOOT) as they developed their
detailed design plans.
The Committee would like the Board to consider extending the life of the Committee to address the
implementation of the aesLhetic bridge treaunents. landscaping and irrigation portion of work managed by
the Florida Department of Transportation. Furthermore, the Committee is developing a conceptual plan
and pursuing grant monies for the additional buffer and landscaping enhancements for the interchange,
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
project.
RECOMMENDATION: That the Board accept the Committee's recommendation to extend the life of
the committee through construction and completion of the interchange.
.-
Agenda Item No. 16820
June 22, 2004
Page 1 of 8
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY CC~.1:-'~ISSIONERS
15820
Recommendation to ilmElnd Resolution No. 2001-56, whii;h Elstahlisi"md an Ad
Hoc "~MSGfY CGmrnittee to provide input and guidance in the aesthetiG
appearance of the 1-"lS/Golden Gate Parkway Interchange by extending the life
of the Committee until the wmpletion of the Interchange.
6/22'2004 9:00:00 AM
Prepared By
P<\ffiel<\ J. Lulich
Transportion Services
Project M<':fiager
Si25i20044:00:00
PM
Approved By
Traffic Operations! A TM
Diane 8. Flags
Transportion S~r,ices
Tram~; Operatim1~ and Alt Tran!;
Mades Djr~ctor
Date
Traffic OperiltionsJ ATM
51"25/20045:22 PM
Approved By
N,)rm E. Fr,;der. AlCP
THlrlSportjOl1 Sar;;ke;,
Transport..t;{)l1 m,,'h;ion .<\dr;llni.,lriltor
D<\1:6
TranSj.lort.'rt;{)fl Sfirvicw,. A,~mh~.
fii, 1120M 3: 36 PM
Approved By
Sharon Nt<wman
Transportion Services
A...::counting StJ~efvi${;F'
Date
Approved By
Transportation Admini$tf."tion
i>i:4!20n41:37 PM
Pat Lehnhard
C-ounty Manager's Office
Administrative Assist3f1t
Date
Approved By
Office of Mar:agement 8. 8udget
uf15!20114 8;53 AM
Michael Smy;wwski
County Manager's Oftice
Manag~ment & Bl.ldge~ Oir-;>ct0r
Oatil
Oftk<l of Man,.gem<;lnt 2, Budg<;lt
6t15!20U410;14 AM
A pproved By
.Ja:l~es V. Mwjd
Board of COl:llty
Commissk,n6rs
County M.r;nagr,;r
Date
Ccunty Manager's Otfk"
ui1 Sl201141'i :33 AM
Approved By
Jeff Klatzkow
County Manager's Office
Assistant County Attorney
Date
County Attorney Offk;>,
i>i2i2C104 2:35 PM
Approved By
D13n~ Perryman
Transport;vn Services
E;<ecutlve Secmtar{
Date
Transportation Sf>fY;Ci;'S Ji.cmin.
ui4!2004 3;09 PM
Agenda Item No. 16820.
June 22, 2004
Page 2 of 8
Memorandum
To:
J..75 Committee Members
Norman Feder, Transportation Administrator, Collier County Transportation
Diane Flagg, Traffic Operations and Alternative Transportation Modes
Director
Johnny Limbaugh, MPO Manager
From:
Pamela J. Lulich, RLA, ASLA, Project Manager
Traffic Operations and Alternative Transportation Modes
Date:
Meeting time January 14, 2004, Traffic Operations and Alternative
Transportation Modes Conference Room B, 1 :30pm - 3:00pr.n.
Subject:
J..75/Golden Gate Interchange Ad Hoc Minutes / Status Report to Committee
Member and Staff
A TIENDANCE: Meeting started at 1:34pm
Members: Bill Poteet, Jim O'Gara, Cheryle Newman, Al Moore, and Tom CoUins
Collier County: Pam Lulich
Others: Micbael McGee
APPROV AL OF MINUfES: Bill Poteet motioned to accept the minutes, Jim O'Gara seconded,
approval of the minutes, All in favor to accept the minutes and no one opposed
TRANSPORTA nON SERVICES REPORT: Pam Lulich gave an update on the FOOT project and the
itcms requested from the last meeting. Pam Lulich received a call from Nicole Mills, FOOT project
manager, and she stated that there had been some changes to the design of the structure.
The first problem arose when the federal reviewers were looking at the traffic barrier; the Committee
requested a recessed panel in the interior of the bridge traffic barrier. The plan was for FOOT to build the
inset and the County would come back later and insert the panel. The Federal reviewers disagreed with the
manner of construction. In lieu of this, FOOT agreed to pay for an ashlar pattern form liner in the selected
colors. Pam Lulich received an email from Nicole stating that the asWar pattern was not acceptable and that
the Federal reviewers would accept a brick panern for the insets because of the smoothness. The ashlar
pattern has too much relief for Federal crasb test standards. Pam Lulich presented the color pictures and
asked Michael McGee to make a recommendation to the Committee. Michael McGee stated that the brick
options are the only two tbat meet FHW A criteria or possibly the only decorative patterns that have been
tested. McGee recommended that the relief be removed from the inside of the jersey barrier or inside edges
of the bridge. The Golden Gate Grade Separation is not going to have inserts inside the jersey barrier They
knew there would be no curbing or pedestrian walk on the Golden Gate Grade Separation therefore, it
would have to be entirely smootb. McGee recommended tbat tbe jersey barrier sbow the rectangles in some
manner, framed or scoured. The vertical of the pilaster would still be part of the structure and the
rectangular framing would be in place. There is the option of doing the treatment on tbe outside of the
bridge. The County requests that tbe treatment be done on the outside of the bridge at no additional cost to
C:\AdUb eXpress\WorklJ"ad4E750.tmp.doc Agenda Item No. 16820
. June 22, 2004
Traffic OperatIons and Alternative Transportation Modes Page 3 of 8
the County, The asWar pattern would be just on the outside of the bridge, which would then match the
overpass.
In the full set of design, the pilasters are inset and the vertical texture is banding or creates a relief. The
panel would read horizontal. The standard states that the relief can be W' - 1 Yz" of relief. The jersey curb
can be poured and the relief can be created in the pour. The design should be consistent with a jersey curb.
McGee recommended a common color and a relief texture at the Interchange. The relief was always part of
it. They can either scour the jersey barrier or create a bevel edge.
Tom Collins asked if the planters in the middle have any decorative feature to them? The planters in the
center are stacked segmental block cut stone. They look like a cut rough stone planter. There will be a
decorative appeal at the center of the interchange. There are brick pavers at the walkway and at the center
of the median, There are proposed elements, which break. up the lines.
Bill Poteet asked about using the brick instead of the plan concrete even if it is painted or stained by the
County in the future. He fmds this fmish to be very mundane. The brick can be colored anyone of the
colors. The brick is patterned into the concrete and then they are tinished with a color, Only federal colors
can be used for the brick color or any matching colors.
The jersey curb is an oyster white color or an off white color.
Is the color of the planter a federal color? Yes, it is a mixed concrete dye and mix the color mix to match
the dye. The caps of the planter are an amber color. Bill Poteet said that we would loose the detail if the
color were not added to the jersey barrier. McGee stated that the brick color on the median planter, we can
match that color on the wall. It is an application that has been called out on the plans. McGee stated that
when a brick running bond pattern is added to a project, it institutionalizes the project and this would not be
consistent with the Airport Grade Separation. It is another texture that is not happening anywhere. Tom
Collins did not agree with the schoolyard brick pattern approach and felt it was better to go with something
that doesn't catch your eye at all like a scouring or inconspicuous pattern. AI Moore asked that if the
scouring was done, it could be colorized later. The County could do the stain colorization after the \'turk is
completed. Bill Poteet asked if there was any benefit to painting the surface completely. The whole bridge
will be coated with a class 5 anti-graffiti coating that goes on at the end of the project.
AI Moore suggested that we ask for the scouring and ask for the color in the panel. Once it is done, it car. be
evaluated.
Bill Poteet asked for the cost of scouring. McGee answered that it is a rubber panel. McGee stated that it
was always the intention to do the texture on the inside and the outside. McGee recommends that the relief
be done on the inside and the request that PDOT do lh~~ rr'...u,'t;~i originally requested on the insid.: Iii the
outside instead.
McGee recommended that the color of the jersey wall match the color of the planter block. \1uluple
presentations were made of the Airport-Pulling Overpa.ss and explanations were given that the ' .-")f
would be smooth and the exterior textured and no one rm ~e<1 ::mv f)uestions.
McGee stated he had not spoken to Nicole Mills but they arf' saving that they can have relief from 3/4", I V2".
There is no reason why the relief could not be put on the inside.
Another design concern was that the pilasters need to be 2' fmm the face of the traffic separator So the
pilasters would be hanging 6" from the outside face. On 1-75 will have an offset. which would not cr ':..lte a
visual problem.
C:\AdUb eXpresslWorklrad4E7(j().tmp.doc
Agenda Item No. 16820
T (I' 0 . d . M d June 22, 2004
Ira IIC 'Peratlons an Alternative Transportation 0 es Page 4 of 8
FDOT gained approval to flare the fence out per McGee & Associates detail. This detail will remain
unchanged per the Committee's direction,
McGee added that on the inside of the jersey barrier that we could match the (3) color - base with 2 colors
blended. If the color cannot be matched. Then the base color of the sample submitted should be used.
COORDINATION OF LIGHTING, BIKE PATHS. AND SIDEWALKS ON THREE PROJECTS:
The Committee had asked to verify the lighting, bike paths, and sidewalks on the three projects. Pam
Lulich referred to a sheet that outlined each project. On the Interchange, there is 30' metal halide cobra
head on aluminum poles. On the Parkway ramps and on 1-75, we have 4O-foot high-pressure sodiwn
luminaries on aluminum poles. The bridge has the decorative AAL lighting. The Airport Grade Separation
is decorative lighting similar to Livingston Road. The Golden Gate Parkway is spun aluminum. On Golden
Gate between Airport Goodlette there is spun aluminum. There are sidewalks on both sides. There are no
sidewalks on top of the Airport Grade Separation. There is a lO' shoulder on top of the grade
separation.(See Handout)
SOUND BARRIER:
The color of the sound barrier wall should be indicated as beige. In the plans, FOOT selected a blue-grey
color which is not the color selected by the Committee.
Tom Collins motioned that the sound barrier wall be beige, Bill Poteet seconded the motion. All were in
favor of the motion.
LIFESPAN OF THE COMMITTEE:
The last question that Pam Lulich had was when reviewing the resolution, the executive summary, and
speaking to the attorney clarified that the lifespan of the committee is until construction begins in June
2004. Meetings are planned until June on a quarterly basis, the Committee was asked that if they wanted to
extend the life of the Committee until the landscaping begins. This would require another resolution
according to the County Attorney's office. Tom Collins asked if there was a need for a committee at this
point. The Committee has fulfilled the obligations of the Resolution and the desires of the Board and the
MPO according to the County attorney's office and to ask any more of that would require Board action.
Pam Lulich offered that if the Committee where to dissolve, she would give project updates and treat it as a
roadway project or as a community meeting where plan reviews could be done.
AI Moore stated that even at tinal plans the FOOT plans have changed. If the Committee had dissol':"c L 'h,~
group would have no input. if they are going to get together, the group might as well have the authonty to
act and give input If there is an informal meeting, there is no recourse.
Bill POleet a<;;ked that a Concepmal Ma<;;ter Plan wa<;; adopted which is in addition to FOOT and the County
Plans. Bill Poteet feels that there still is work that needs to be done. There is no landscaping set aside for
any of the on ramps. The retention ponds within the neighborhoods are not landscaped as well as tl!,lL~'ess
roads within the neighborhoods. There are items that need to be addressed such as the Conceptual .\bster
Plan for the Interchange.
McGee stated that there could be a review of the Master Plan in March, if the Committee wished.
Pam Lulich Slated that when FOOT is reviewing grant applications, if there is Committee in place, it might
work in tbe Committee's favor when the projects are rated. The deadline for the grant application is October
and we can submit a concepmal plan.
C:\AdUb eXpressIWorklrad4E750.tmp.doc
Agenda Item No. 16820
. June 22, 2004
Traffic Operations and Alternative Transportation Modes Page 5 of 8
Pam Lulich asked the committee to think about making a decision to dissolve the Committee and meet
informally or to have staff write a Resolution to extend the lifespan of the Committee and meet on a
quarterly basis.
Bill Poteet motioned that the Committee direct staff to authorize the Committee to be extended until the
project is completed. AI Moore seconded the motion. All were in favor, one opposed.
The decision was to meet on a quarterly basis to review the plans since so many changes have been made.
McGee asked to look at the aerials to review the areas where trees would need to be removed. The green
area on the map or aerial is very wooded. This is very wooded and the Committee would like a limit of
construction established. The Johnson's house is another area full of trees. The Committee would like to
keep the vegetation within the swale. The east side of 66th side is being cleared. The comer, which was
discussed., has been left alone. There is a tremendous amount of plant material that can be preserved if the
area can be left at natural grade.
Pam Lulich to called Mark Owen to address tree preservation on the FDOT Interchange project and to
invite him to the next meeting, It was recommended that McGee & Associates be given time to flag the
trees in the SW Quadrant (and review data from the property appraiser's office to indicate the location of
the trees). It is the Committee's desire that a vegetative screen be preserved within the project limits.
The Committee asked if new aerials could be created to show the new layout over the trees. With the
County's new inform:;.tion, a new plan with the new aerial information was requested. McGee &
Associates stated that they could provide this information.
Tom Collins moved to adjourn the meeting, Bill Poteet seconded.
Next Meetine:
i. March 17, 2004, Wednesday, Traffic Operations and Alternative
Transportation Modes Conference Room B, 1 :30pm - 3:000pm
ii. June 16. 2004, Traffic Operations and Alternative Transportation
Modes Conference Room B, 1 :30pm - 3:000pm.
Please let me know in advance if you will be in attending our next meeting by emailing me at
pamlulich @colliergov.net.
FDOT PROJECT SCHEDULE:
b. FOOT Final Drawing Set Due
c. FOOT Internal Review
d. Project Let
e. FOOT Project Start
f. Project Work Start
g. FDOT Project Duration
October 17, 2003
October 2003-Fehruary 2004
February 2004
March 2004
June 2004
6/04-9106
C:\AdUb eXpressIWorklrad4E760.tmp.doc
Agenda Item No. 16820
T U' 0 . . June 22, 2004
I ral/le peratlons and Alternative Transportat/on Modes Page 6 of 8
RESOLUTION NO. 2004-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
SUPERCEDING RESOLUTION NO. 20Ot-56 AND RESOLUTION
NO. 2003-370, IN ORDER TO REAFFIRM THE ESTABLISHMENT
OF TIIE I-75/GOLDEN GATE PARKWAY INTERCHANGE
ADHOC ADVISORY COMMITIEE AND ITS COMPOSmON OF
VOTING AND NON-VOTING MEMBERS AND TO EXTEND THE
COMMTITEE'S TERM TIIROUGH COMPLETION OF THE 1-75/
GOLDEN GATE PARKWAY INTERCHANGE IMPROVEMENTS.
WHEREAS. Collier County Resolution No. 2001-56 established an Adhoc Advisory
Committee to provide input and guidance in the aesthetic appearance of the 1-75/Golden Gate
Parkway Interchange and the Golden Gate Parkway Corridor as the Gateway to Naples and
Golden Gate City, Collier County, Florida; and
WHEREAS, ColIier County Resolution No. 2001-56 further established the Adhoc
Advisory Committee's composition of voting and non-voting members and provided that the
Committee shall remain in effect until commencement of the I-75/Golden Gate Parkway
Interchange improvements; and
WHEREAS, Collier County Resolution No. 2001-370 reduced the Adhoc Advisory
Committee's number of voting members from seven to five and reduced the number of non-
voting members from three to two in order to reflect the decision of both the City of Naples and
the Florida Department of Transportation not to further participate in the Committee; and
WHEREAS, the Adhoc Advisory Committee has requested an extension of its term in
order to continue to provide recommendations regarding the appearance and landscaping of the
I - 7 5/Golden Gate Parkway Interchange improvements through completion of the project; and
WHEREAS, it is in the best interest of the Adhoc Advisory Committee to reaffirm its
composition of voting and non-voting members during its extended term.
NOW, THEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUNTY
COMMISSIONERS OF COlLIER COUNTY, FLORIDA, that:
1. It is reaffmned that the Adhoc Advisory Committee is established to provide input and
guidance in the aesthetic appearance of the 1-75/Golden Gate Parkway Interchange and the
Golden Gate Parkway corridor with membership as follows:
TIle advisory committee is comprised of five voting members and two non-voting
members. The voting members are comprised of two members from Golden Gate City and
three members from unincorporated Collier County. The non-voting members shall include a
representative of the Transportation Department and the Community Development and
Environmental Services Division. Selection of voting members shall be as follows: for Golden
Gate City, as recommended by the Golden Gate Civic Association; and for unincorporated
Collier County, as recommended by the Board of County Commissioners or its designee.
2. The Adhoc Advisory Committee shall be in effect until the conslrUction of the 1-75/
Golden Gate Parkway interchange improvements is complete.
3. This Resolution shall supercede and replace Collier County Resolution No. 2001-56 and
Collier County Resolution No. 2003-370.
Agenda Item No. 16820
June 22, 2004
Page 7 of 8
,
This Resolution adopted after motion, second, and majority vote favoring same, this
day of . 2004.
A TrEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
OF COlLIER COUNTY. FLORIDA
By:
By:
Deputy Clerk
DONNA FIALA, Chairman
y:
Agenda Item No 16820
June ~2, 2004
Page 8 of 8
EXECUTIVE SU:MJ\1ARY
Recommendation to approve Contract Amendment No. 97-2715-A07 with Agnoli, B~ber
and Brundage, Inc. for the Lely Area Stonnwater Improvement Project (project No~
51101) in the amount of $47,500.00
OBJECTIVE: Obtain Board of County Commissioners (BOARD) approval of the seventh
amendment to the contract with the consultant frrm of Agnoli, Barber and Brundage; Inc. to
complete the South Florida Water Management District Environmental Permitting process and to
contLllc ongoing engineering and US Army Corps of Engineers permitting work for the Lely
Area Stormwater Improvement Project.
COl'lSJT>ERATIONS: On February 23, 1999 the County entered into a Professional Services.
Agrcern~nt with the consultant fmn of Agnoli. Barber and Brtuldage. Inc, for the Lely Area
StoDn water Improvement Project - Phase I design w()rk. Sub--consultants included in the.
original proposal were Johnson Engineering, Inc. and Camp, Dresser and McKee, Inc, The
Agreement scope of work identified five tasks for this consultant team to complete. but as noted
below three of the tasks were not implemented at the start of the contract.
.-
Task 1 - BasinfFunding District BOllndary Determination
Task 2 - Field Surveying and Documentation for Easement Acquisition (:Not Implemented)
Task 3 -Construction Plans Preparation (Not Implemented)
Task4-Construction Bid Package Preparation (Not Implemented)
Task 5 - Phasing and Cost Estimate Preparation
The consultant has completed Task 1 and has also provided a preliminary cost estimate from
Task 5. However, as design, environmental pennitting effort.iI. easement acquisiti(mand
mitigation negotiations precede, the cost estimate must be revised accordingly. AppfQved
Amendments 1 through 5 to the Agreement have noW. implemented Tasks land 3 while also
adding an additional Task 6 for Additional Environmental Permitting and adding Forg~
Engineering, Inc. and Kevin L. Erwin Consulting Ecologist, Inc. too\tr group of consultants:.
Task 4 will continue to remain excluded from funding until the state and federal enviroIlmental
permits are approved which will allow construction of improvements to start. Amendment No.6
provided additional funding for the enviroIl.II)ental pennittingeffort:. A significant atnOtlnt of
permitting work has beenc.ompleted and as a result the South Florida Water Management
Di!rtJjct (SFWMD) ha.. deemed the Environmental Resource Pennit{ERP) application c()mplett~j
In order to proceed with processing the substantial amount of infonnalioncompiled during the
pennit review process. summarizing it into an ERP staff report. SFWMD has requested that
Collier County's consultants prepare the drdftreport for their review and final Board approval in
September 2004.
-
Agenda Item No, 16821
June 22, 2004
Page 1 of 8
Ex.~utive Summary
ARB Contract Amend No, 97-271'i-A07 forLASTP
~2
Also, asa result of two recent meetings with the Environmental Protection Agency (BPA). a step
in the U.S. Army Corps. of Engineers permitting process, additional professional services are
necessary to respond to EPA and Rookery B;;iY comments to sufficiently address all concerns
prior to issuance of the federal dredge and fiU permtt.
This current contract amendment is pnJPQsmg the addition of the following engineering,
pcmtitting and survcyin~ services:
. Evaluatconc additional 30--acrc parcel located near thc Trail Acre Subdivision fot
possible additional mitigation and flow diversion
. Review and model the possibilities of diverting some flow from the Lely Main Canal
Basin into Haldeman Creek
. Review and model the possibilities of diverting some flow from the Lely Main Canal
Basin into the Lely Manor Basin within the Saba! Bay property
. Develop a water quality monitoring program including a drawing depicting the proposed
locations of monitoring stations, This effort will be coordinated with officials of
Rookery Bay and the EPA
. Review and coordinate with the Sabal Bay property owners the possibility of creating
additional littoral shelves and an undulating canal bank. on the Lely Main Canal, south of
U.S. 41
. Provide additional responses to the United States Army Corps of Engineers and EPA's
requests for additional information andlor modifications to the Project plans, etcetera
. Draft the S.F.W.M.D. Staff Report for the South Florida Water Management District
Environmental Resource Permit
. Obtain topographic survey of specific roads in the Trail Acres Subdivision and the 3()..
acre parcel for design purposes
. Attend additional meetings as necessary with Property Owners, Collier County officials,
Rookery Bay, and members of the various regulatory agencies as required to coordinate
the completion of the dredge and fill permit process
FISCAL IMPACT: Funds in the amount of $47,500.00 arc available in the Stormwatcr
Management elP Fund (301) for this project (Project No. 51101). Source of funding is ad
valorem taxes,
GROWTH MANAGEMENT IMPACT: The Lely Area Stormwater improvement Project is
listed as em Project No. 291 and is in accordance with the intents of the Drainage Sub-clement
of the Public Facilities Element of the Growth Management Plan.
RECOMMENDATION: Approve Contract ArnendmentNo. 97-2715-A07 with Agnoll., Barber
and Brundage. Inc. for the Lcly Area Stormwater Improvement Project -Phase I and authorize
the Chairman to sign for the Board.
,-'.
Agenda Item No. 16821
June 22, 2004
Page 2 of 8
Item Number
Item Summary
Meeting Date
Approved By
Gwen B utlE,f
Ar;minl5tratl"", S...rvlcas
COLLIER COUNTY
BOARD OF COUNTY COM"'''S5l0NE.RS
16821
ReC'.omrnen.Jat:on :0 approve (>~r.~ra!';t !\:r.e:1drr.er:t No. S"7-2715-A07 \v:th
AgnQii, Barber and BruM3g~, ,,,c k,r tnf: Leiy Area Stomwmtt,r Impn:Nmr.en!
Projf:ct (project No. ~;':1(jl) in th~ amount of $4i',500,OG
t;f22i2G04 9:0(hlG AM
:>ur~ha:;!rJg S'iJperv~sor
Oata
P,m,has;ng
611(1;20041:14 PM
Approved By
Und;s Ja;::lu<cn
A,1ministratlva S",fvi;;es
Cl)ntrn<;;(sAg...nt
O;stt>
Purcl1asing
l.ii10i2004 1:17 PM
Approved By
Sharon Nawman
"fransportiort S>>fvices
A~t.~I..":Jn~il'~!J S1..~p~0...d~r~!'
Oat",
Transpo;tatiu" Ad"",,:".,r~ti,:'n
liI1U/20042:41 PM
Approved By
Norm E. I"",der, Alep
Tr;?n~p()rtt()" S~rvjc;qS:;
1'f13nsponati03i'1 DiviSlG::' ,;\dmirlist:"atcr
Date
Tr~r:;~po:"t<1tion S~:"'.j;':'~;"~,":, .;~r;:ni~.
6i~112004 3:45 PM
Approved By
Oi;sn... Pllfry'mim
Transportion Servi c~s,
Ex:ecu~:'J~ S~1";r~ta:'y
{31St...
Traf1~PO:i3t;()l~ Se:y!.>::: .~:l~mjr:..
fi!"ni2004 4:59 PM
Approved By
Pat L"l1nhard
Coumy Manall"'r's Offie~
AdminlstrClth{<i) Assis:.mt
Oat"
Ottk& -::Jf M",,,ag<lment '" i:;t:dgc-\
lil11i2004 ~;:2El PM
Approved By
Mien,;,,1 SmykuliiSxi
Co;mty Manage!'!> Offi"e
ManagiJment & l3l:d~~.::t Director
L)ate
O:nce !Jf Ma:~atJ~{n~nt (). 3udt;~!
6115;20048:15 AM
Approved By
Jal~e,; V. Mud<l
B,)~{d ,)f County
CI."':'l1r:l~SS il~:"I'6rS
Ccunty Manager
Oata
Ccul1ty Manager',; Qff:<::e
6115120045:12 PM
Agenda Item No. 16821
June 22, 2004
Page 3 of 8
May 13, 2004
EXlDBIT "A 7 A"
Mr. Gerald (Jerry) N. Kurtz, P.E.
Senior Engineer
Collier County Transportation Services
Storrnwater Management
2685 South Horseshoe Drive, Suite 212
Naples, FL 34104
RE: Lely Area Stormwater Improvement Project
ABB PN 7599
Dear Jerry:
At your request, Agnoli, Barber & Brundage, Inc., is pleased to submit this proposal to render
additional professional services for supplemental services to respond to EPA and Rookery Bay
comments regarding the Lely Area Storrnwater Improvement Project (LASIP).
Agnoli, Barber & Brundage, Inc, hereinafter referred to as ABB, proposes to provide Collier
County, hereinafter referred to as Client, the following professional services:
1. SCOPE OF SERVICES
A. ENGINEERING SERVICES
1. Review 30-acre parcel located at the corner of U.SA1 and Southwest
Boulevard to determine how, if at all, it can be utilized for mitigation and
flow diversion for the LASIP Lely Manor Basin. Existing drainage
problems in the adjacent Trail Acres subdivision will also be reviewed to
determine if use of the 30-acre parcel will help or exacerbate the
subdivision's existing drainage problems.
2. Review and model (utilizing XP-SWMM) the possibilities of diverting
some flow from the Lely Main Canal Basin into Haldeman Creek.
3. Review and model (utilizing XP-SWMM) the possibilities of diverting
some flow from the Lely Main Canal Basin into the Lely Manor Basin
within the Saba! Bay property.
4. Develop a water quality monitoring program including a drawing
depicting the proposed locations of monitoring stations. This effort will
be coordinated with officials of Rookery Bay and the EP A.
Agenda Item No. 16821
June 22, 2004
Page 4 of 8
Mr. Gerald N. Kurtz, P.E.
May 11, 2004
Page 2
5. Review and coordinate with the Sabal Bay property owners the possibility
of creating additional littoral shelves and an undulating canal bank on the
Lely Main Canal, south of U.S. 41.
6. Provide additional responses to the United States Army Corps of
Engineers and EP A's requests for additional information and/or
modifications to the Project plans, etcetera.
7. Draft the S,F.W.M.D. Staff Report for the South Florida Water
Management Permit.
B. TOPOGRAPHIC SURVEY FOR DESIGN PURPOSES
Obtain elevations at the centerline of roads and ditches in Trail Acres Subdivision
to help determine drainage flow patterns. The roads will include First Street
through Seventh Street, Benson Street, Porter Street and Southwest boulevard (10
Streets total). ABB will also obtain elevations on the 30 acre proposed mitigation
parcel north and east of Trail Acres. All elevations shall be based on N.G.V.
Datum 1929.
MEETINGS
C.
1. Attend additional meetings as necessary with Property Owners, Collier
County officials, Rookery Bay, and members of the various regulatory
agencies as required to coordinate the completion of the dredge and fill
permit process.
2. ADDITIONAL SERVICES AND EXTRA WORK
Services not specifically included in Section 1. ::;'~u';l,.; of Services will be performed as
additional services on an hourly basis, plus fE'irnhm ible expenses in accordance with the
Rate Schedule enclosed with this Agreement. Services and fees provided in this
Agreement are based upon governmental rules. regulations and policies in effect at the
time of execution of this Agreement. Should ctl;1nges take effect during the period
services are being performed and result in additional ABB work requirements, this
Agreement will be modified by approval ot the Pa1:tics. In addition, ABB will perform
additional services beyond the work described within this Agreement as requested and
authorized by the Client When such work can be identified in advance, ABB will
provide a reasonable estimate for such work and written authorization obtained.
C:\AdLib eXpress\Work\rad16BOE.tmp.doc
Agenda Item No. 16821
June 22, 2004
Page 5 of 8
Mr. Gerald N. Kurtz, P.E,
May 11, 2004
Page 3
3. FEES AND COMPENSATION
A. Engineering Services. Compensation for work performed under 1.A shall be complete
d on an hourly basis, plus reimbursable expenses. Our budget estimate for the work is
$35,000.
B. Surveying- Services. Compensation for work performed under Sec. 1.B shall be
performed on an hourly basis, plus reimbursable expenses. Our budget estimate
for the work is $7,500.
C. Meetings. Compensation for work performed under Section I.C shall be
completed on an hourly basis, plus reimbursable expenses. Our budget estimate
for the work is $5,000.
We hope that this Agreement satisfactorily responds to your request. If you have any questions,
please do not hesitate to call.
Sincerely,
AGNOLI, BARBER & BRUNDAGE, INC.
Daniel W. Brundage, P.E.
President
Principal Tn Charge
C:\AdLib eXpress\Work\rad16BOE.tmp.doc
Agenda Item No. 16821
June 22, 2004
Page 6 of 8
SEVENTH AMENDMENT
Contract Amendment No. 97-2715-A07
''Lely Area Stormwater Improvement Project - Phase f'
This SEVENTH Amendment, is dated June ,2004, amends the original Agreement,
between Agnoli, Barber ami Brundage, Inc. (the "Consultant") and Collier County, Florida, the
("Owner").
RE: Contract # 97-2715 "Lely Area Stonnwater Improvement Project"
This Amendment allows for two things: (1) to respond to EPA and Rookery Bay comments
regarding the Le1y Area Stormwater Improvement Project (LASIP) to sufficiently address all
concerns prior to issuance of the federal dredge and fill permit, and (2) to draft the engineering
portion of the S.F.W.M.D. Staff Report for the South Florida Water Management District
Environmental Resource Permit
In order to continue the services provided for the original Contract document referenced above,
Consultant hereby agrees to amend the above referenced Contract as per the Supplemental
Authorization Proposal Letter datcd May 13. 2004, exhibit "A7-A:' attached and incorporated
herein by reference, which details this specific contract amendment
The Consultant agrees that this amends the current Contract amount of $622,768.50 and that the
Consultant agrees to complete said lJdditional services for an additional $47,500.00 as per cxhibit
"A7-A".
The original Agreement total amount was $79,926.00. The sum total of Amendments I through 6
for additional services is in the amount of $542.842.50, which brought the total amount of the
contract up to the current amount (before applying this 7'h Amendment) of $622,768.50. fhis
Amendmcnt No.7 in<.:rcases thc total Agreement amount to $670.268.50.
All other terms of the contract remain the same and in full force and effect, including the effects of
prior Amendment No. 97-2715-A05.
IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date(s) indicated below.
ATTEST:
Dwight E. Brock, Clerk
OWNER:
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
Approved as to form and
legal sufficiency:
DONNA FIALA, Chairman
Tom Palmer, Assistant County Attorney
CONSULT ANT:
A TrEST:
AGNOLl. BARBER AND BRUNDAGE, INC.
By: (J "
Daniel W. Brundage, P.E.. President
First Witness
Printed Name of frrst Witness
Second Witness
Printed Name of Second Witness
Agenda Ite"' ) 1
"A
Peqe 7 of 8
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Lely Area Stormwater ImDrovement Proiect PROJECT #: 51101
BID/RFP #: 97-2715 MOD #: Amendment NO.7 AMOUNT OF THIS CHANGE $47.500.00
PO #: 915545 Work Order #: N/ A
CONTRACT AMOUNT: ORIGINAL $ 622.768.50 CURRENT $47.500.75
(STARTING POINT) (INCLUOING THIS CHANGE ORDER)
Last BCC Approved Amount $ 622.768.50
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval May 27. 2003
Agenda Item # 16 B 1
Percentage of the change over/under current contract amount 8 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC appreval is required; under 10% reported to BCC
on Purchasing report.
CURRENT COMPLETION DATE (S):
ORIGINAL: November 2003
CURRENT: June 2005
SUMMARY OF PROPOSED CHANGE (5): This Amendment allows for two thinas: (1) to resDond t
EPA and Rookery Bay comments reaardina the Lely Area Stormwater Improvement Proiect (LASIF>.
to sufficiently address all concerns Drior to issuance of the federal dredae and fill Dermit. and (2) to
draft the enaineerina Dortion of the S.F.W.M.D. Staff ReDort for the South Florida Water Manaoement
District Environmental Resource Permit.
JUSTIFICATION FOR CHANGE (S): This chanae is necessary to Drovide additional information in
order to secure environmental Dermits for the Droiect. The additional work is not included in the
oriainal contract.
PARTIES CONTACTED REGARDING THE CHANGE: Norman Feder TransDortation Services
Administrator. Steve Carnell Purchasina Director. Tom Palmer Assistant County Attorney
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
Y Proposed change is consistent with the scope of the existing agreement
Y Proposed change is in fact an addition or deletion to the existing scope
Y Change is being implemented in a manner consistent with the existing agreement
Y The appropriate parties have been consulted regarding the change
Y Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION:
APPROVE: Jerry Kurtz
DISAPPROVE:
Date: June 10. 2004
Date:
COMMENTS:
Revised 8/22/03
Agenda Item No 16821
June 22, 2004
Page 8 of 8
EXECunnVESU~ARY
Recommendation to approve a Supplemental Work. Order #3 for the Forest Lakes MSTU
to Wilson Miller Inc, , in the amount of $17,500.00.
OBJECTIVE: For the Board to approve Supplemental Work Order #3 for the continuation of
additional Professional Engineering Services for the Drainage and Roadway Master Plan
Improvements within the Forest Lakes MSTU.
CONSIDERATION: The BCe approved the original Work Order WMI - Ff - 03-05 and also
two (2) Supplemental Work Orders to Wilson Miller- Inc. for the Forest Lakes MSTU Roadway
and Dnu.nage Master Plan Improvements, The Forest Lakes MSTU Roadway and Drainage
Master Plan Improvements bave been divided into Phases. At this time Phase 1 througb Phase 8
have been completed or is in the process of being completed by Wilson Miller Inc.
To address additional drainage in tbe Forest Lakes Villas Area. Pbase 9, in the amount of $15,000
and also to identify the Eastern boundary of Forest Lakes, Phase 10, in tbe amount of $2,500, the
Forest Lakes MSTU Advisory Committee asked Wilson Miller Inc., to provide a supplemental
proposal to address their concerns. On February 12,2004, the proposal with costs was presented
and approved by the Advisory Committee,
..--
FISCAL IMPACf: Phase 9 and Phase 10, totals $17,500. The funds are currently budgeted in
the Forest Lakes MSTU Operating Fund 155.
GROWTH MANAGEMENT IMPACT: There i~ no growth management impact.
RECOMMENDATION: To approve the Supplemental Work Order #3 for the Forest Lakes
MSTU, for the continuation of additional Professional Engineering Services in the amount of
$17,500.
.-
Agenda Item No. 16822
June 22, 2004
Page 1 of 11
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONER.S
Item Number
,6822
Item Summary
Re~.ammen.ji:\t;on to approve Suppie:r"lnt::il \Nark Order #~~ for the Fmes! Li:\kes
MSTU to Wils-:m Miller inc., in the amount of $:7,500.00.
Meeting Date
fil22/2C0Q4 9:0G:OO AM
Prepared By
V<l1 Prlnce
?mj~ct M.magflf
6i8i2oo4 5:02:57 PM
Transportlon SarvicGS
TI'.~ffl~~ Operatiuns! ATM
Approved. By
Dian!t B, Fl3gg
Trnfflc Opera(lons 3r;d Al( Trans
Modes Diffl<;(or
Dat!t
Transportion S<Hvices
Traffic Opllratj(lI\sJ A TM
6i10i2oo411:58 AM
Approved. By
Slmroll N""Nmall
ACCt~~Jr.~in~ Sup*rvlS0!
Dat!t
T rantportlon Services
Transportation Admlnletratlon
611012004 1 :22 PM
Approved By
Norm E. F'.;;:der) ...'\JCP
Transportation Di\llslon Administrator
Date
Tr,msporlion Sarvic<7"
Trnr;'-';.l<lr(<ltion Sarvk:e;; Admin,
$111i2004 3;23 PM
Approved By
Diana Pflfryrnal1
f.xeeU(;\la S&crata:y
Oa(a
Transportioll Services
Tran:,llo:tiltion Servl0!:.5 Ac!min.
61"1'li2004 4:161"1.4
Approved. By
Pat L"hnhard
Admln:ttriltivs Assistant
Oat"
County Manago;;,-s Office
ottk~ of Management & Bl:dyo;;t
61"15120043:10 PM
Approved By
Michael Smykm'lSki
Manag<lrr...,nt <I:. Bl:dij<,t D'rector
L~at8
Co:.mt)' Managll(s Ol1ka
Ofjk~ (,I Manag~mGnt & l'ludget
611 St2GG4 7' :24 PM
Approved By
Jamlls V. Mudd
County Manager
Data
BOMd of County
C~~mrnissiMI6rs
Count)' Manager's Offica
6115120049;25 AM
Approved. By
Val Pd~h~~
?:'()j~ct MalMg~r
Oc1.t~
irantporoon Services
Trilffi c Op€>ratians! A TM
61912004 8:2ij AM
Approved By
LInda Jackson
Contracts Agent
Date
Ad:ninlstrati"fl S<'Nlct>s
P:sn::ha$::"Jg
Mlt2(1(14 11 :39 AM
Approved By
GW<7n Siltier
P'Jrdlas;ng SIJpI1N;SOr
Oa(a
A~~ministraUva S~rl;icQs
?urehas,ng
15i9i20041:22 PM
Agenda Item No. 16B22
June 22, 2004
Page 2 of 11
OS/27/04 T8U 09:09 FAX 239 263 8492 WI PUBLIC WORKS
14l001/001
Wi_Mille,.
'*" 0teaJ/IIJS In I'Inq. Orsit/JI" fnQitIBcring
May 26, 2004
N8213-001-003-ECOR
Mr. Yal PrinCe
Project Manager
Alternative Transportation Modes
2705 South Horseshoe Drive
Naples, FL 34104
Subject:
Forest Lakes Additional Services
Dear Vat Prince:
During the preparation of our proposal to perform the professional services requested by
the Forest Lakes Advisory Committee to perform a survey of the western property line
abutting the Naples Bath and Tennis parcel, we were required to use hourly rates for uur
survey crews which are not included in Appendix A of our Fixed Term Engineering
Services contract with Collier COlmty. Tbe rate of $95/hour was used for a two man
survey crew (SC2) and $11 Olbour for a three-man survey crew (SC3).
Should you have any questions regarding this matter, please cal me.
Respectfully yours.
W"rIsonMiller, r"e.
4~?G
Craig], Pajer, P,E.
Senior Project Manager
CJP
Offlr:.. .tr.",/ull, louted '0 urn our r:1I.nt. 600.649.4336
Nql.1IIC0IJI0IWIII D111cf132W Bailey Lime. SUitlZOO. ~. F/Oric1a 34105 . 239649. 4040 . Fax 2.39 '>43 511 t::
IIfIlstMmllltlr. t:Dm
tIIfIaffMU"I.IIIIC. - fL {.Ie.' t.c.ctJQOJl'O
Agenda Item No. 16822
June 22, 2004
Page 3 of 11
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SCHEDULE A
Collier County Fee Schedule
RFP 01-3290
"Fixed Term Professional Engineering Services"
Professional Credentials
Principal P.E. $150.00Ihr
Senior Engineer/Project
Manager P.E. $100.00Ihr'.
Engineer II P,E. S90.00/hr
Engineer I E.I.T
Designer
Planner $70.00/hr-
Senior Planner A.I.C.P. or P.E. $85.00/hr
Senior Technician $55.00/hr
Technician $45.QO/hr -'
Senior Inspector $70.00/hr-
Inspector $55.00/hr
Support
Administrative Assistant, Secretary
$45.00/hr I
Clerical, other support
$35.00/hr
,
This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional.
support and other services shall be mutually negotiated by the County and firm on a project by
project basis as needed.
END OF SCHEDULE A
-22-
Agenda Item No. 16822
June.22, 2004
Page 5 of 11
L
Forest Lakes MSTU - Drainage and Roadway Master Plan
Add itional Services Authorization
Phase 9 - Forest lakes Villas Drainage System Fixed fee. $ 15,000
Task Requirements (Design to be completed within 90 days from Notice to Proceed):
Approved by MSTU Advisory Committee on February 12, 2004
9.1 Prepare engineering drawings, technical specifications, Engineers Opinion of
Probable Cost for contractor's use for the construction of yard drains and swales for
the Forest Lakes Villas within Forest Lakes.
9.2 Provide recommendation of contract award based on quotes received by Collier County
9.3 Provide Construction Administration and periodic construction observation services in
association with other projects simultaneously under construction
Phase 10 - Locate east boundary of Forest Lakes Fixed fee. $ 2,500
Task Requirements (To be completed within 60 days from Notice to Proceed):
Approved by MSTU Advisory Committee on February 12, 2004
1f24I2QI(XJ. 11e3oW v.... 021- CPA..ER
~
00075-N02"'" URE- 26472
Agenda Item No. 16822
June 22, 2004
Page 6 of 11
SUPPLEMENTAL WORK ORDER # 3 WMI-FT-03-0S
Additional Scope of Work Services Phase 9 & Phase 10
Agreement for Fixed Term ProfesslQnal Fng1neerlng Services
Dated April 21, Z003 (Contract #01-3190)
1bis Work Order is for Professional EngiDeeriDg Services for work known as
Project: Providing Additional Professional Eogineering Services for the Forest Lakes Roadway & Drainage MSTU -
Roadway aDd DraiDage Master Plan.
The work: is specified in the proposal, whicb is attacbcd hereto aDd made a part of this Work Order. In accordance with
the Terms and Conditions of the Agreement referenced above, Work Order # WMl-IT..o3-05 is assigned to Wililm
Miller Inc.
(Firm Name)
Summary:
Original W.O. -
Supplemental W.O. #1 -
Supplemental W.O. #2 -
Pending Supplemental W.O. #3 -
Total -
$106,000
$ 56,000
$ 99,500
$ 17 500
$279,000
ScoDe of Work: As detailed in the attacbed proposal and the following:
Phase & Tasks
Fee
IYll
Phase 9 - Forest Lakes Villas Drainage System
$15,000
FixedlL.S.
Task 9.1 - Prepare Engineering drawings, technical specifications, Engineer's Option ofProbahle Cosls for contractors
use for the construction of yard drains and swales for the Forest Lakes Villas within Forest Lakes.
Task 9.2 - Provide recommendation of contract award based on quotes received by Collier County.
Task 9.3 - Provide Construction Administration and periodic constnu:tion observation services in association with other
projects simultllneously under constnu:tion.
Phase & Tasks
Fee
Type
Phase 10 - Locate east boundary of P<=st Lakes
$2,500
PixedIL.S.
Task 10.1- SUIVey Location
PROPOSED TOTAL FEE
$17,500
Scbedule of Wort: Complete Phase 9, Task 9.1, Task 9.2, and Task 9.3, within 90 days from receipt of the "Notice to
Proceed" authorizing start of work; Phase 10, Task 10. I within 60 daYS from re<:eipt of the "Notice to Proceed"
authorizing slalt of work.
Comoensation: In accordance with Article Five of the Agreement, \.he County will compensate the Firm in accordance
with the negotiated lump sum amount or time and materials 8t1Vl' l!,t ~r.win,A1 in the schedule above (if a task is time and
material, so indicate and use the established hourly rate(s) as enwn~r-ted:n Scb.edule "A" of the Agreement
Any change within monetary authority of this Work Order made subsequent to final depar1ment approval will be
considered an additional service and charged according to Schedule "A" 0 f the Agreement.
APPROVED BY:
~)L~~/o <1-
I Date/
PREPARED BY:
....~.. '. . I "
, T c Operations & Altern.<" v~
Transportation Modes DueolOf
ACCEPTED BY:
. .
~-
---
-- -
:-;...
.,.....-:""
--.
"": ',. -,
Date; -Jl~/-<i:- -; I ? (":"'4
W~"'r}.f\l\rr,.The. .
Name of Firm
".
/
/ /,:1'/7./
/1;.--:,' /, - L/.
Il{~"'-6-'~-</. . ,
Ignature
,p'Y Agenda Item No. 16822
June 22, 2004
Page 7 of 11
".
/ .
FOREST
LAKES
ROADWAY AND DRAINAGE M.S.T.U.
ADVISORY COMMIITEE
2705 HORSFSHOE DRIVE SOUTH
NAPLES, FL 34104
Minutes
February 12~ 2004
I. The meetiDg was called to order by Chairman Bob Jones at 6:30 PM.
n. ATTENDANCE:
Memben: Bob Jones. Roger Somerville, Bill Seabury. Virginia
Donovan, Bob Cwmingham (Excused)
County: Val Prince-Landscape Operations, Tessie Sillery-MSTU
Landscape Coordinator
Othen: Craig Pajer and Rebecca King - Wilson Miller, Sue Chapin-
Manpower Services, Kathy Thomson, Richard Russell and Ernie Carroll -
residents.
In. APPROVAL OF MINUTES: January 21, 2004
Roger Somerville moved to approve the minutes of January 21, 2004.
Seconded by BiD Seabury. Carried unanimously 4-0.
IV. APPROVAL OF AGENDA: No changes.
V. TRANSPORTATION SERVICES REPORT
A. Budget - Tessie SUlery
Budget was handed out and explained to the Committee. <Attached)
- Tessie fOlUld the interest rate on the Committees funds is approx. 3+%
based on the current portfolio.
- The Committee has been receiving interest since their inception in 1991.
- The Revenues and Expenses were covered with the carry forward
amounts presented.
VI. OLD BUSINESS
A. Updated Report by Wilson-Miller - Craig Pager
A copy of the Master Plan and Phases were handed to each
Committee member (Enclosed). The Engineer's Update report
was given which is attached. The design of the Phase One
Improvements is on schedule. The Pavement Plan is in progress
and is working on it. He displayed the map and discussed the
following:
1
Agenda Item No. 16822
June 22, 2004
Page 8 of 11
. Single family culvert crossings being identified and running a line
under the road and improving the swale along Forest Lakes Drive.
. The second crossing will be through an existing drainage
easement.
. Woodshire Ditch - Craig recommended as a future improvement
that a sidewalk be installed over the storm pipe, so residents can
walk safely along Woodshire Lane instead of on the roadway.
. The Naples Bath & Tennis development does not discharge their
water into the Airport Road canal. Their system is designed to
hold the runoff within their development. Has a concern about the
location of the property boundary line. Craig recommended a
survey of $2,500 with funds out of the budget for easement
preparation.
After much discussion on the survey, Roger Somerville moved to
authorize a certified survey be done along the east boundary of Forest
Lakes and Naples Bath & Tennis for 52,500. Second by Bob Jones.
Carried 4-0.
Funds can be taken out of Phase 8 - "On Call Professional Engineering
Services" for time & materials.
. Forest Lakes Villas drainage system costs would be added to the
Phase I plans and specifications for engineering ($15.000) and
construction ($129,000) costs. Details on attached sheet. This
would complete the job previously started but unfinished when the
new basins were installed along Forest Lakes Drive.
Discussion followed on the Construction and Engineering costs for the
Forest Lakes Villas drainage system. (Yard drain, catch basin and PVC
Pipe - has 42 driveways in the Villas) Craig suggested they can proceed
with the design and bid it out.
Virginia mentioned the lakes need to be lengthened without interfering
with the Golf Course play.
Virginia moved to do a proposal to add local drainage for Forest
Lakes Villas and add to the priority improvements including the
Engineering. Second by Bill Seabury.
Budget items were discussed.
Carried unanimously 4-0.
B. Update on Turn Lane - Tessie read an e-mail from Bob Tipton that the
dual left hand turn has been implemented on January 28th.
- Bob Jones mentioned there is no stop sign for those proceeding west
when the light turns green for the others turning east.
- Mr. Tipton stated at a previous meeting if there needs to be a change in
reference to any problems occurring that they will be looked at.
- The Committee felt the timing cycle needs to be addressed and was
shortened at one light and possibly lengthened on another.
2
Agenda Item No. 16822
June 22, 2004
Page 9 of 11
...
- The County did an excellent job on the turn lane pavement arrows.
- Bob Jones felt it would work better if "no one could turn right on red"
allowing the U-turn on Pine Ridge Road to flow freely.
- It had been decided, through motion, at a previous meeting that they
would "turn right on red" as addressed by Bob Cunningham.
- Bob Jones stated they could change it during off-season if so desired.
- Val Prince will discuss the committees concerns and issues on the
timing with Bob Tipton.
C. Easements Update - Bob Jones stated, Lorraine Lance from the
County. is not getting the correct information concerning the Easement on
Woodshire.
- The County wants to acquire the property and needs to get the proper
ownership as soon as possible. The corporation has been dissolved since
1981. Someone needs to get in touch with the owner and get the proper
authorization taken care of. All the information is there and Bob Jones
cannot believe the Right-of-Way Acquisition Department does not have
the proper information.
He asked Val and Tessie to speak with Lorraine again and get the proper
information as soon as possible.
Bob also stated Lorraine Lance told him about a Florida law that allows
the land to be taken back from the personls that did not record the deed.
VII. NEW BUSINESS: None
VIII. PUBLIC COMMENTS
· Ernie Carroll, Emerald Greens, asked about the road on
Woodshire Lane concerning the Engineering and pavement plans.
· Bob Jones mentioned the pot holes were fixed inadequately by
"Road & Bridges" and authorized by the Commissioners office.
The MSTU will not pay for the repairs. He would like it to be
addressed further. Craig Pajer will identify the problems and give
a report at their next meeting through the Pavement Master Plan.
IX. Being no further business to come before the meetillg, Roger Somerville
moved to adjourn, second by Virginia Donovan. Meeting adjourned at
8:00 PM.
**PLEASE NOTE**
The next murine will be March 11th. 2004 - 6:30 P~f
At the Turtle Lakes Clubhouse
L80 Forest Lakes Blvd.
Naples, FL 34105
3
Agenda Item No, 16822
June 22, 2004
Page 10 of 11
EXECUTIVE SUMMARY
Approve Supplemental Work Order #3 for the Forest Lakes MSTU to Wilson Miller Inc.,
in the amount of $ 17,500.00.
OBJECfIVE: For the Board to approve Supplemental Work Order #3 for the continuation of
additional Professional Engineering Services for the Drainage and Roadway Master Plan
Improvements within the Forest Lakes MSTU.
CONSIDERATION: The BCC approved the original Work Order WMI- FT -03-05 and also
two (2) Supplemental Work Orders to Wilson Miller Inc. for the Forest Lakes MSTU Roadway
and Drainage Master Plan Improvements. The Forest Lakes MSro Roadway and Drainage
Master Plan Improvements have been divided into Phases, At this time Phase 1 through Phase 8
have been completed or is in the process of being completed by Wilson Miller Inc.
To address additional drainage in the Forest Lakes Villas Area, Phase 9, in the amount of $15,000
and also to identify the Eastern bOlmdary of Forest Lakes, Phase 10, in the amount of $2,500, the
Forest Lakes MSTU Advisory Committee asked Wilson Miller Inc., to provide a supplemental
proposal to address their concerns. On February 12, 2004, the proposal with costs was presented
and approved by the Advisory Committee.
FISCAL IMPACI': Phase 9 and Phase 10, totals $17,500. The funds are currently budgeted in
the Forest Lakes MSTU Operating Fund 155.
GROWTH MANAGEMENT IMPACI': There is no growth management impact.
RECOMMENDATION: To approve the Supplemental Work Order #3 for the Forest Lakes
MSTU. for the continuation of additional Professional Engineering Services in the amount of
$17,500.
Agenda Item No. 16822
June.22,2004
Page 11 of 11
,.....---.
EXECUTTVESU~~ARY
Recommendation to approve an Agreement for Sale and Purchase of a 5.71-acre
parcel in advance of anticipated real estate requirements to accommodate future
needs for water supply and water transmission/storage facilities at a total cost not to
exceed $166,565; Project 710061.
OBJECTIVE: Secure approval and execution of the attached Agreement for Sale and
Purchase between the Board of County Commissioners, as the governing body of Collier
County and as ex-officio the governing board of the Collier County Water-Sewer District
("Board"), and Gerald Vitale, Ann Cerullo, Warren Vitale, Julius Vitale, and Gus
DeMuzio ("Owners") for the purchase of a 5. 71-acre lot ("Site") on lmmokalee Road
within Golden Gate Estates, as shown on the attached Location Map.
-
CONSIDERATIONS: The proposed purchase is consistent with the 2003 Update to the
Water Master Plan as adopted by the Board on May 25, 2004 as Agenda Item 10(0),
because it will further the objective to add more reliability wells north and east of the
existing wellfield. The proposed site could SUPPOtt as many as two new Hawthorn water
supply wells. Although not specifically identifieu in the Water Master Plan. the proposed
site is strategically located with frontage on a majur road corridor (Irnmokalee Road) and
positioned approximately half-way between the NCRWTP and the future NERWTP.
This makes the proposed property a potential site for a storage and booster pumping
facility.
Staff has reached an agreement with the Owners to purchase the Site for $162,735.
While the price does exceed the appraised value of $150,000, staff highly recommends
approval because, with property values in the area rapidly increasing, by the time sta.ff
could find and come to terms on an alternate parcel that meets Public Utilities Division
needs, values in the area for comparable property would in all probability exceed the
price of the Site, Because the purchase price is higher than the appraised " :!lue.
approval of this Agreement will require un affirmative vote of not less than four
members of the Board (supennajority vote).
The results of a Task 1 Environmental Assessmeut!S:te Audit performed by the County's
Pollution Control Department are favorable.
The Agreement has been reviewed and approved llY m\ Cuunty Attorney's Office and the
Public Utilities Engineering Department.
FISCAL IMPACT: The total cost of this transaction should not exceed $166,565
($162,735 for the Site, $250 for the appraisal, '51,000 fnr the Environmental Site Audit,
and approximately $1,580 for a title commitmenL lille policies, and recording of related
documents). Funds in the amount of $166,565 ':l.re aVilliable in the FY04 budget for this
action in Project 71006, NCRWTP RO Wellfield Reliability, as approved by the Board
on September 18, 2003. Source of funds is User Fccs (Fund 412).
-"
Agenda Item No 16C 1
June 22, 2C04
Page 1 of 14
GROWTH MAJ.'l"AGEMENT IMP ACT: This project has no impact on the Growth
Management Plan.
RECOMMENDA nON: That the Board of County Commissioners, as the governing
body of Collier County and as ex-officio the governing board of the Collier County
Water-Sewer District, by approval of this Executive Summary:
1. Approve the attached Agreement for Sale and Purchase and accept the
Warranty Deed once it has been received and approved by the County
Attorney's Office and Public Utilities Engineering Department; and
2. Authorize Chairman Fiala to execute the Agreement and any and all other
County Attorney's Office approved documents related to this purchase; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
4. Direct staff to proceed to acquire the Site, to follow all appropriate closing
procedures, and to record the deed and any and all necessary documents to
obtain clear title to the property.
.-..
Agenda Item No. 16C 1
June 22, 2004
Page 2 of 14
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONF.RS
16C1
Recommen-:hticn to approJv,1 an l'.greement for Sale and PurchilSt1 of a 5.i'1.
acra parcel :n advance c.f Cln;ldpatt:d r~a: estate requirGments to accomm.::date
future nfU?tl~S k,f' 'Wi:1tfj{ :,;uppiy ::ind w;.\ter tr3n3mis..~lfJrwstorage fadiitie..<j at 3 tota:
coot not to exceM $"1I'i6.600: ProjBct 710061.
6122.12004 9:00'00 AM
Prepared By
Shar:'r1C1t": V~~~r
Adff"!b!!~tr3ti'lC Serv~ces
Pr<Jpert]/ A<;qulGitl<;n Sp,,;;;&;;st
G!3!2GG4 4:34:4.0 PM
Approved By
R.~a~ E~~:-::itc Ser....:ces
Ja'111'''' W. {J!!L<}ny
Public UWiti"",
p,;t>"" lltmties Adrr.ir-',,\oator
n_
Pull::" utmtie>l ArJ",ir-:S~;Olti"O
611{)tlOO4 4;25 PM
Approved By
P~! L"hnban.l
Ccunty M:m3ger's Office
Administr~tjv~ Assist~(lt
D&w
Oftke of Manag"",ent & E3,~.j~ct
<>i10!2u04 5;03 l"M
Approved By
Date
$lIS<ii:' U~:-:er
CI.H:!'lty M~~2:~!:'t.,; Gff;ccl-
Se.nter Manageme:1t!l:turig~t ",VFA:Y!7t.
omc~ {;f M3n3g~m~nt 3: a:...:dg<:!~
6!1312GIH 2:3:'; PM
Approved By
Mict,~~: SmY~_{Jwski
COU'1ty 10,>.";"";\1,';''' Off";"
Ma""S!em"m & Budg"t Oir.,clor
Qatt>
()ff;(".e cf Managemer.t Ii. ~lt:d1"t
,,113120<)4 4:22 PM
Approved By
J~;""", V. M:;Jd
B""rd cf G""nt'f
Ccrnm:ssic~ers
County M~n~;J"(
!1"~,,
C.Junt'/ M3n3~c(s (,'ffio:.
f:.!"i4l1cn4 3:32 PM
Approved By
'("'1il>.. Mer;-
Adm:n:~t!;,tjv~ S~~,;k:~s
Re~( Pl"vp<-;i"y 81;fJ'~fit'i~v;;
D;lte
F"",ii~,.,!; M~<l~<:l"""'''<lt
6i3!2;;;;~ '\:51 PM
Approved By
Charl~s. E. C~;.riflyton, ..:0-., SRi
VIlA
Adrn;n:~tnlti\lt;t S~r,<,k-e~
Re3t Estat~ S€l-IV~.:f}5i M3:1agE':-
Date
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Agenaa Item NO. 1 bl.. 1
June 22, 2004
Page 3 of 14
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between GERALD VITALE, as to
an undivided twenty percent (20%) interest, ANN CERULLO, as to an undivided twenty
percent (20%) interest, WARREN VITALE, as to an undivided twenty percent (20%)
interest, JULIUS VITALE, as to an undivided twenty percent (20%) interest, and GUS
DEMUZIO, as to an undivided twenty percent (20%) interest, as tenants in common,
whose post office address is 4002 189lh Street, Flushing, New York, 11358, (hereinafter
referred to as .Seller'), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
EX-OFFICIO THE GOVERNJNG BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, wr\ose mailing address is 3301 Tamiami Trail East,
Naples, Florida 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 rnher agreements hereinafter set lorth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration 01 the premises and the respective
undertakings of the parties hereinafter set lorth and the sum 01 Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as lollows:
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 ~urchaser 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
hundred sixty two thousand, seven hundred and thirty five and 00/100 dollars
($162,735.00), (U.S. Currency) payable at time 01 closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF Cl.OSING., OR
'CLOSING") 01 the transaction shall be held on or before ninety (90) days
lollowing execution of this Agreement by the Purchaser but not later than
September 31, 2004, unless extended by mutual written agreement of the parties
hereto. The Closing shall be held at the Col;ier C,)unty Attorney's Office,
Administration Building, 3301 Tamiami Trail East. Naples, Florida. The procedure
to be followed by the parties in connection With the Closinu 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 01 all liens and encumbrances other than:
(a) The lien lor current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
Agenda Item No. 16C1
June 22, 2004
Page 4 of 14
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap. and issue
the policy contemplated by the title insurance commitment.
3.0114 A W.9 Form, "Request for Taxpayer Identification and
Certification" as required by the Intemal 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 (Cou"nty 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 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 paymenl due
at Closing in accordance with Article 111 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
relaling to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and Ihe 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 cas I 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 data 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
exceplions 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 10 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
Agenda Item No. 16C1
June 22, 2004
Page 5 of 14
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 prc,.idin9 ....ritten notice
to Seller within seven (7) days afler expiration of said thirty (30) day period,
may accepl title as it then is, waiving any objection; or Purchaser may
terminale 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 Ihe exceptions to title as shown in the title
commitment.
4.013 Purchaser shall have the option, at ils 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 bas13d IJpon 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. APPRAISAL PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement
(Appraisal Period), to obtain the required appraisal(s) in order to determine the
value of the Property pursuant to the r.equirements of Florida Statutes 125.355.
. .
~
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results. of
the independent appraisal(s), Purchaser shall deliver to the Seller within thirty
(30) days from the expiration of Ihe Appraisal 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, it shall be deemed that the Purchaser is satisfied With the results of its
investigation and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement copies of the appraisal
reports shall be furnished to the Seller.
Vi. INSPECTION PERIOD
6.01 Purchaser shall have sixty (60) days from the date of lhis 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 fiGj'" ;;~'y' pollution or
contamination.
4. The Property can be utilized for water supply well sites.
6.02 If Purchaser is not satisfied, for any reason whatsc"3',ei, w;'l' :,:0 results of
any investigation, Purchaser shall deliver to Seller prior :0 ,h.l t:.<p.,dtion of the
Inspection Period, written notice of its intention to Wd;,'a:lH; applicable
contingencies or to terminate this Agreement. If Purchaser fait.; 1::4 r:::ly the SeUer
in writing of its specific objections as provided herein within ,1113 lr.sf: C)c,ion Period,
it shall be deemed that the Purchaser is satisfied wiii I li l\:l I.:.:sults of its
investigations and the contingencies of this Article VI shall be ~€rnGd waived. In
the event Purchaser elects to terminate this Agreement CBcabB ot the right of
inspection, Purchaser shall deliver 10 Seller copies of all engineering reports and
environmental and soillesting results commissioned by P'.!'C'ht:~e~ '~Jith respect to
the Property.
6.03 Purchaser and its agents, employees and servants shoji, a, 1I'le;r 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 f1eCeSS'l.IY investigation.
Purchaser shall, in performing such tests, use due care and :;hall restore any
damage to Property caused by its inspections except damage maHo:1zbly resulting
.
Agendaltem No. 16C1
June 22, 2004
Page 6 of 14
from soil borings. Seller shall be notified by Purchaser no less than twenty four
(24) hours prior to said inspection of the Property.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
IX. PRORATIONS
9.01 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.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed 10 perform any of the covenants andlor
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 wrillen 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.
10.02 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.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011 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.
11.012 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, jf necessary.
11.013 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.
11.014 Seller represents lhat it has no knowledge of any actions, suits, claims,
proceedings, Iitig~tion or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or ~her
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller'S ability to sell the
Property to Purchaser according to the terms of this Agreement.
Agenda Item No. 16C1
June 22,2004
Page 7 of 14
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
11.016 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 writ1en consent of Purchaser to suCh conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoevet. .
11.017 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 bean discharged from the Property, directly or indirectly
into any body of water. Sener 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 substance~ 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.
11.018 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.
11 .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.
11.020 Seller has no knowledge thaI 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 aHects 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.
11.021 Sel.'er 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
Agenda Item No. 16C1
June 22, 2004
Page 8 of 14
13.01 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.
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
14.02 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.
14.03 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.
14.04 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.
14.05 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.
14.06 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.
14.07 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.
14.08 Seller 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.
14.09 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 disdosure, 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 C~apter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
14.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XV. ENTIRE AGREEMENT
15.01 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
Agendaltem No. 16C1
June 22, 2004
Page 9 of 14
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.
11.022 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.
11.023 Seller represents. warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attomey'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.
11.024 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.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Sharman Veger
Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Elren Chadwell
Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
It to Seller:
Gerald Vitale
4002 189111 St
Rushing, NY 11358
With a copy to:
N/A
12.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such charge 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.
XIII. REAL ESTATE BROKERS
Agenda Item No. 16C1
. June 22, 2004
Page 10 of 14
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Sellef'. 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
, Deputy Clerk
Approved as to form and
legal sufficiency:
b~v~
-fllen T. Chadwell
Assistant County Attorney
AS TO SELLER:
DA TED:
ffkt.,L i ~ E <:'~,,'-' eLl r ~ E
(Printed Name)
~,I;TNESSES: ~0f;If;;JJu'
C0ULt~c. ~TC::t._l~f=t
(Printed Name)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
Donna Fiala, Chairman
7. .
BY: ~/ ~/~/ t:;~
erald VItale
4002 189111 5t
Flushing, NY 11358
7
{'-,lIUi/WfI.- )
- .
/'
BY:la1-A (~~/A~--f<J.k,--f-Jt2/9
Ann Ce~ / L7T-.
Address: ",,-cfjY ,:;2 (.,It;, I$:. ,;,;<f-
/lv ff,,z_}c.-<,_~ t I 'J4-' I/yt- 2.6
i-.- :iJ'
~ <if;~,: )
-;
Agenda'ltem No. 16C1
June 22, 2004
Page 11 of 14
W/J;:: .~
., (Signf!ure)
I Il1fIE y,#I<--
(Printed Name)
~Si9~
.JOA-N~ ~L /-f(l1:/-J
(Printed Nama)
WITNESSES: ~.A-R \
~ur.)
~-ntLec'" !} _ L A-NE
(Printed Name)
cp~(). ~
(Signature)
JPr,{~' fA. S 10/\ ~
(Printed Name)
WltS!JL~.
(Signature)
~~i cJ ~ i2LuJ
(Printed Nama)
o .~-b O(~
...,/ (Sig'nature)
~~ r~~
(Printed Name)
~
Agenda Item No. 16C1
June 22, 2004
. Page 12 of 14
EXHIB1T~
Page , of \
All of Tract No, 53, Golden Gate Estates, Unit No. 20, according to the map br plat
thereof recorded in Plat Book 7, Page 80, of the Public Records of Collier County,
Florida. LESS and except the Northerly 79,43 feet as shown in instrument rek::orded in
O.R. Book 3112, Page 2219, of the Public Records of Collier County, F1ori~.
i
I
I
.~
Agenda Item No. 16C1
June 22,2004
. Page 13 of 14
'\
Agenda Item No. 16C 1
June 22, 2004
Page 14 of 14
~:","~'i!"',,'-,';ilr"t'~'l
'\"\\ 1"I\1r"''',' ~":'TI ''-il/,
~: :~
I
EXECUTIVE SUMMARY
-~
Adopt a Resolution authorizing the acquisition by Gift or Purchase for non-exclusive, perpetual
utility and access interests by easement for the maintenance and improvement of the existing
North Hawthorn Wellfield Water Supply Transmission Mains along the Cypress Canal in
proximity to Wells RO 12N through RO 15N, Project Number 700751, at an estimated cost not to
exceed $130,000.
OBJECTIVE: To obtain authorization from the Board of County Commissioners, as the
Governing Body of Collier County and as "Ex.-Officio" the Governing Board of the Collier
County Water-Sewer District (hereinafter referred to as "Board") to acquire by gift or purchase all
rights and interests in real property required for the maintenance and improvement of previously
constructed transmission mains and related underground utilities within the South Florida Water
Management District (SFWMD) drainage easement along the Cypress Canal in prox.imity to Wells
RO 12N through RO 15N.
,-
CONSIDERA nONS: On February 26, 2002. t\genua Item 101, the Board approved and
awarded a contract for the design and construction of new reverse osmosis raw water supply wells
(Wells RO 12N Lhrough RO 15N) [or the \'(lfth Cuunty Regional Water Treatment Plant
(NCRWTP), hereinafter referred to as "Project". With the permission of SFWMD, the
transmission mains and related underground utilities tL,>sociated with the Project were installed
within the SFWMD drainage easement along the Cypress Canal. However, it has been determined
that, in addition to the permission of SFWMD to utilize its drainage easement, it is necessary to
obtain easements from the fee owners of the properties underlying the SFWMD drainage easement
wherein the transmission mains and related underground utilities have been installed, as identified
on Exhibit "A" of the attached Resolution, and as shown on the attached Location Map.
lbis Resolution is to approve the negotiated purchase u[ property from owners without having to
present each parcel to the Board on a case-by-casc oasis. This procedure will expedite the Project.
The Board may also be requested later to authorize condemnation of parcels not secured through
negotiations. Under this Resolution, the Chairman i~: ,lllthonzed to execute Donation Agreements,
Easement Agreements and any other documents required to complete the transaction.
The proposed acquisition is consistent with the 20(C l' pJJ.te to the Water Master Plan as adopted
by the Board on February 25, 2003 as Agenda Hero 1 (JV\.).
FISCAL IMPACT: Total acquisition cost is estimated at $130,000 and includes all land,
improvements, title policies, recording costs, staff time and appraisal fees. Funds in the amount of
$130.000 are available in the FY 04 budget for this action in Project 700751, North Wellfield
Improvement. The FY 04 budget was approved by the Board on September 18, 2003. Source of
funds is Impact Fees (411).
GROWTH MANAGEMENT IMPACT: This project is consistent with, and furthers the goals,
objectives and policies of, the Collier County Growth Management Plan.
-
Agenda Item 16C2
June .22, 2004
Page 1 of 15
EXECUTIVE SUMMARY
Resolution for Gift and/or Purchase -
North Hawthorn Wellfield Transmission Mains
Page 2
RECOMMENDATION: That the Board of County Commissioners:
-,
1. Adopt thc attached Rcsolution authorizing thc acquisition by gift or purchasc of non-
exclusive, perpetual utility and access interests by easement as required to complete the
Project; and
2. Authorize the Chairman to execute the attached Resolution.
Agenda Item 16C2
June 22, 2004
Page 2 of 15
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD Of COUNTY COMMlSSlONERS
:6(;2
Adopt ,:; R(!c-o!~ton 3~l~.:""zin-~ the 3(:Quis'ton by G!1t or Purcha~.e for non-
~;(_",;~;;~iVF;;. :->erp~t;;ai l.<t;iity ;jnd a(';f.;ASS ir:tei"d~;ffi h~,. 9..~~~r.~f:t f..w- t:if;;
ma'nl"~anw and im;:;o~em(!r,l of IDa ~.xia!i:)g No:t~ Haw1Pom W.dl1eid Wat.:-r
S:J:,)~)( .f :7t:"l$~;is-~n:"l Ma:ns a:ong tilt} CjT;rF:iss ('..ana: ir. p"'nx:m;~y !cV'v~::s RO
,2N throu.~h RO 15N. P~:-jec1 Numt..:.r 700751. at an astmal~~ cost :)olto:.
exr,eed $1 :3il.WO
6"::~?:2n04 ~)'on:Oi) AM
,,131'<0;4 ":O.<:J1 PM
Prepared By
:1'.a;;o!i5R::M~:1
AdmJn:..c:tT3t:\'2 $6j.k:M
t!6~I1)r yroperty AcqlJbtlt'lvrt S~~ht!bst
Fa.cillt:1i):lt M;,:nag~m(m,t
Dam
Approved By
.Jamyg W. O(.LDnl'
:>,,:'I:c tltl::l:l""
f'ut.:I:: \.'nll1',,,, Adrr.:nlstrato'
f'ub:le t;""~''''' Adm:nllttratlon
i;l1 01"0(04 '~:.<9 ,,""
D?:ra
Approved By
P.)t Lah":-':?Ifd
COvO\t.y ~'t..}n39(tr's Offhx.
Acm:olstratt..m A.s~:8t:mt
Offic(. "f ~hllag{.m"nt & aU<l".>r
1;.i11"'2~{:4 ~: .1~ AN
Approved By
f;<:::~
,3'~~;m :j~.?'!e:
C{l,-,~t} l\.ynago!!-r's: Of1h..~
S(<~It>: M :'!11<::~~~l&::tleu<.l~~}t AJ'al~t
Off:C{6 uf M:ll1aQ~il'3nt'&' au<l~~t
~;;':.1C04 2:~S PM
OG.:.;s.
Approved By
M:c~=aol :i~7l(o"-"'.3~.1
:';()~:~ty Nl3.n"~'!!or'5 Of1!i,.~
Mo.:;a-;:9;:;0~~ & B::dgot O:ra-ct~r
Of1:(,;~ of M~noQ~mlonr &. 3u-d;ett
tll:l:.1;j04 4:18 PM
O-Ui~
Approved By
Jom~s '.I Mu.::~
:Jna:rd (If C{t;inty
Ct>:::m;::;st(o~~:~
Cvl;nfy M/!:!1-Ui5(FY.'"
C')IJmy ~?.n,1o~j.):"'s Off:(.~)
i!1"!;;:,)C4 J :~~ PM
Approved By
~"je
$xJp C~n:;:., oS.;:.M.
Ad::;ln!s..:Ol::.....'!!o B~,wuk&'...s
Fac1I!t:~~ AA~!'!Ss.t"~6i;t D:r~ct~r
F<>c;il:.:~.. AA;:~a~&~ei:t
1Y3:r..W~ ~::3tS ~'M
:~~~ft
Approved By
;:"3lJ: lV:~ft?:ll$ch
::-;;:..I:c :Jti::t1~$
W3tS'):"":~I:"j.):':to:-
Wot~~
iS3t'l0e4 -::5c ?Pd
: .,0: A. M.,ff
n~!R
Approved By
.f,d...ln:!'t:-~l",~ S6r....I~~~
RRal ?milM'~' S;,;p~:"V1si)r
far;:tlt:as M:~~3~f}:1':O:-.t
i;l3rlD;4 "'Sf: F'~
Approved By
C:t!~r.e~ E. Cj:rd~gto:;: Jr., $fii
WA
.4d!!':!r.;s~!a'i';;,; :)~rvk:~
RC::l:l1 ::':8t~A S~H',I(1;}s Maft:lg>>:
::;Cl::~
F .1C;~~:!!':S Mo.~;21-;;e;:;&~t
tl4."lO,-'" Sole AM
O~tQ
Approved By
~~:"i W. S.oY9:r. P.E
;'::~!:>; ~)tI::ti6f5
l'r:ndp.a.1 ~m;e:t(:t; lb13.:-.~t:Rr
j>ui::l:tC l;~:n-!:~~ I;n;:n~-:i:-:c;
&'4"10-':"': 12:~:1 PM
~~t,..}
Approved By
":'"hom~8 ~;:rllo)~
P,,:,I'., iJtllitiM
O>u)rnr:cnfo C:r,)r;tcr
PU:1:i<. 1;~:11,::c:t1o Q>"'):-~::Gn.,.
Sr;i,l1f:": A:5S A",
r::'!~o:)
Approved By
X;)y a. Ar,od"}I~;J::, P.E.
f',,~!;., :JtI!itl{..
Pu:.,:1c 1)<;;li:.:C;l:~ Eng:n(~:i:~;; D:r~<-tJ)r
Pu:.,:i{; I)<;;U:.:~~ En;,;:n{~:i:~;;
.csSf2f.Je4 F:$:2t' AM
Agenda Item 16C2
June 22. 2004
Page 3 of 15
RESOLUTION NO, 2004-_
RESOLUTION NO. CWS-2004-
A RESOUJfION AUTHORlZlNG THE ACQUISITION OF LAND BY GIFT OR PURCHASE FOR
NON-EXCLUSIVE, PERPETUAL UfILITY AND ACCESS INTERESTS BY EASEMENT FOR
THE MAINTENANCE AND iMPROVEMENT OF THE EXISTING NORTH HAWTHORN
WEUFlEW WATER SUPPLY TRANSMISSION MAINS ALONG THE CYPRESS CANAL IN
PROXIMITY TO WELLS RO 12N THROUGH RO 15N, PROJEer NUMBER 700751.
WHEREAS, the Board of County Commissioners, as the Governing Body of Collier County
and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, (hereinafter
referred to as "Board"), on February 26, 2002, Agenda Item 10J, approved and awarded a contract for
the design and construction of new reverse osmosis raw water supply wells (Wells RO 12N through
RO 15N) for the North County Regional Water Treatment Plant (NCRWTP), hereinafter referred to as
"Project"; and
WHEREAS. the Project was approved in order to avoid potential water supply deficits and/or
disruptions to water service, and had been declared by the Board to be an emergency on December II,
200 1, Agenda item 16C 10; and
WHEREAS, the transmission mains and related underground utilities associated with the
Project were installed within the drainage easement for the Cypress Canal with the permission of the
South Florida Water Management District (SFWMD), which installation was completed in February
2003; and
WHEREAS. prior to Board approval of the Project. alternate locations, environmental factors,
long range planning, cost variables, concurrence, safety and welfare considerations had been reviewed
as they relate to the implementation of the Project, and it had been recommended by County Staff that
it was necessary and in the best interest of Collier County. Florida, to construct the transmission mains
and related underground utilities associated with the Project within the SFWMD easement area; and
WHEREAS, it has been determined that. in addition to the permission flf SFWMD to utilize its
drainage casement, the Board needs to obtain easements from the fee owners of the properties
underlying the SFWMD drainage easement wherein the transmission mains and related underground
utilities have been installed, as identified on Exhibit "A" attached hereto and incorporated herein by
reference; and
Agenda Item 16C2
June 22, 2004
Page 4 .of 15
WHEREAS, the design and construction of said transmission mains and related underground
utilities. as part of the Project, have been determined by the Board to be necessary and in the best
interest of Collier County; and
WHEREAS. the construction of the transmission mains and related underground utilities
contemplated by the Project were necessary in order to protect the health, safety, and welfare of the
citizens of Collier County by allowing the construction of the said transmission mains and related
underground utilities.
NOW, TIlEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS TIlE GOVERNING BODY OF COLLIER COUNTY AND
EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DlSTRICf. that:
I. The Board had taken into consideration the environmental factors. safety factors and
fiscal considerations relating to the location of the transmission mains and related underground utilities
at the ti me the Project was approved on February 26, 2002.
2. The utility and access interests by easement identified on Exhibit "A" are both
necessary and consistent with the project requirements, in order to permit the maintenance and
improvement of the transmission mains and related underground utilities as previously constructed
within the SFWMD drainage easement along the Cypress Canal in proximity to Wells RO 12N
through RO 15N.
3. The Board has determined that the construction, maintenance and improvement of the
transmission mains and related underground utilities within the SFWMD drainage easement along the
Cypress Canal in proximity to Wells RO 12N through RO 15N are necessary for a public purpose and
are in the best interest of Collier County.
4. The construction, maintenance and improvement of the transmission mains and related
underground utilities are compatible with the long range planning goals and objectives of the Growth
Management Plan for Collier County.
5. It is necessary and in the best interest of Collier County for the Board to acquire the
mterests by non-exclusive, perpetual, utility and access easements, as identified in Exhibit "A"; and
County Staff is hereby authorized and directed to acquire by gift or purchase the non-exclusive.
pc:rpetual, utility and access interests by easement on the properties identified in Exhibit "A".
6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with
the appraisal firm(s) selected from the list of firms pre-qualified by the Board of County
2
Agenda Item 16C2
June 22j 2004
Page50f 15
Commissioners. The Board further directs staff to use appraisal reports IJr internal compensation
estimates as staff detennines is necessary to best serve the needs of the Project in a timely and cost-
effective manner.
7. The Board hereby fonnally waives the requirement for a fonnal, independent appraisal
report for the purchase of a property where the purchase price of the parcel (the compensation due to
the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of
the independent appraisal report, staff is hereby authorized to make purchase offers for the properties,
the dollar amounts of which shall be predicated on "staff compensation estimates" based upon
independent appraisals (and the data therefrom) obtained on similar properties and upon consideration
and application of appropriate market value and cost data pertinent to the subject parcels.
8. Upon the approval by the County Anomey's Office of all documents necessary for the
subject property acquisition, Real Estate Services' staff is hereby directed to offer immediate delivery
to the resp~ctive property owners of the full compensation (as established by the appraisal or staff
compensation e..~timates), in return for the immediate and proper execution of the respective easements,
or deeds and such other legal documents and/or affidavits as the County Attorney's Office deems
appropriate in order to protect the interests of the County; and the Board hereby authorizes its present
Chainnan and any subsequent Chainnan, for the life of the Project, to execute any instruments which
have been approved by the Office of the County Anorney, to remove '~e lien of any encumbrance and
for any such other purpose as may be required for the acquired utility and access interests by easement.
9. In those instances where negotiated settlements may be obtained via the "Donation
Agreement" or "Easement Agreement" mechanism, the Director of the Public Utilities Engineering
Department, or his designee, is charged with the responsibility for completion of various capital
improvement projects. and is hereby delegated the authority to approve the purchase of land interests
above the staff compensation estimale or appraised value and pay rro:-ma!iy related costs when it is in
the best interest of the Project. within the pro-rata share of the land ;;~lilS acquisition budget for the
.
parcel being acquired, only when the difference between the purchase price and compensation estimate
or appraised value is less than Twenty Five Thousand and 00/100 Dollars ($25,000.00) or the current
purchasing limits established by the Collier County Purchasing Department; rro,ided. Project funding
is available.
10. That the settlement approval authority is delegated by the Boaid in accordance with the
provisions of Chapler RR-499, Laws of Florida.
3
Agenda Item 16C2
. June 22; 2004
Page 6,of 15
11. The Chairman of the Board is hereby authorized to execute Easement Agreements and
Donation Agreements where the land owner has agreed to sell the required land rights to the County at
appraised value or at that amount considered the n Administrative Settlement Amount" as such term is
internally used by the administrative agencies of Collier County.
12. Where the property owner agrees, by sworn affidavit or agreement ("Donation
Agreement" or ''Easement Agreement"), to convey a necessary interest in real property to the County,
and upon the proper execution by the property owner of those easements, and such other legal
documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance
Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be
specified on a closing statement and which shall he based upon the apprnisal or staff compensation
estimate in accordance with this Resolution, and the provisions of Chapter 88-499, Laws of Florida.
13. All title to ptoperties or interests..in properties which have been obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, as the Governing
Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer
District, and as such, staff is hereby authorized to record in the Public Records of Collier County,
Florida, said easements and such other instruments as may be required to remove the lien of any
encumbrance from the acquired properties.
This Resolution adopted on this
day of
,2004, after motion,
second and majority vote.
A TIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS AS
GOVERNING BODY OF COLLIER COUNTY,
AND AS EX-OFFICIO TIm GOVERNING
BODY OF TIm COLLIER COUNTY WATER-
SEWER DISTRICf
By: ,
DONNA FIALA, CHAIRMAN
Approved as to fonn and
legal sufficiency:
-irL VaJf~.~
Ellen T. Chadwell
Assistant County Attorney
4
Agenda Item 16C2
June 22, 2004
Page 7 of 15
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AUGNMEl'IT BETWEEN IRANS,MA1N" ARROWS INDICATES AREA OP PROJECT
NUMBERS PREceDED BY ORO" IDENTIFY NORTH HAWI'HORN WELLS
., .
Agenda Item 16C2
. June 22, 2004
. Page 15 of 15
EXECUTIVE SUMMARY
Recommendation for approval and execution for Satisfaction of a Notice of Claim of
Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $6.00 to record the
Satisfaction.
OBJECTIVE: Recommendation that the Board acknowledges full payment and executes
the Satisfaction of Claim of Lien.
CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the
Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier
County Water/Sewer District of Collier County, Florida, recorded the Claim of Lien in the
Office of the Clerk of the Circuit Court of Collier County, Florida.
SEE ATTACHED EXHIBIT "A"
.-
Full payment and satisfaction of this lien have been made.
The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Lien,
FISCAL IMPACT: Payment in full for this Claim of Lien increases the cash flow in the
County's Sewer Impact Fee (Fund 413) by $1,340.00. The fiscal impact for recording this
Satisfaction of Claim of Lien is approximately $6.00, which is to be charged to (Fund 408)
the County Water/Sewer Operating Fund Utility Billing cost center.
GROWTH MANAGEMENT: There is no Growth Management impact associated with this
item.
RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction
of this lien and to surrender the same canceled, and to direct the Clerk of the Circuit Court
of Collier County to cancel the same of record. Authorize the Chairman to execute the
Satisfaction of Claim of Lien.
-
Agenda Item 16C3
June 22, 2004
Page 1 of 4
J
COLLIER COUNTY
SOARD OF COUNTY COMM1SSrCNSRS
Item Number
1f..C3
Item Summary
R0CGmfr.~':f1d<:!ion for rJppro'./al and 2' G~(:uti':~n for Sat:sfact:orl of a Notice of
Claim of Lien for SHnitarj SnvHr Sy;t0r:1 :r'lpnct Fe!;. Fim:al impact is $6.00 to
record the S<:tisfaction.
Meeting Date
6/22/200..1 9:00:00 .:.oJ/:
Prepared By
Pam Callis
R!!venue Supmvi50r
6!412004 '11:19:SS
AM
Publit; Utiliti!:''S
USCS
Approved By
Ja:11ilS W. Delany
Publk UtiHti'-,5 Administr<ttor
Oat.-,
PLiblic Uti!;ties
Public Utilities Administration
5i~ 0!2004 4: 30 PM
Appro~'ed By
P,1t l.t':t;ni'::mi
Adinir,h~t(ati,<,~ A'3.stst;;::~
n~l",
Cour:ty ~.bnager'!; Office
Oftke of MalBg~ment &, 8<;j,Nt
Gi~1;20iJ4 8:42 AM
Approved By
SusGm Usher
SeniOr" Man3gen;er::j3:..:dr;et ;\<':;J~Y$t
Dale
County MM1agt;r',; om!;o':I
0111<";0':1 of MaI1.~\j..,m"11! :?o. B,;,~~:s.(
6i~3!20{l4 2:;1~ PM
Apprond By
Mi..::i':aeil Sf'1'{Kow'Si,j
MaMgemlil1t & BtE~q','1 Dir'2dw
Dale
County M;!l!i,~glir'S Office
Office of MaMgern'2n! .& Bu'~q"\
6;~3i2(l()4 3:,13 PM
Approved By
J2mes V. Mudd
County ManagE;'
D2te
BO;;f:1 of Count'y
CC:'":"':?'1:ssicnfH"s
County ~,':.~nagH''; OinGo':I
6;~4i20{l4 3;57 PM
Approved By
P~Hr.. C~IH~
Re'lEUHSe SlJp~r/isor
n~l",
PtJblk UtiHti.-,:>
uses
6i4.'200412:37 PM
Approved By
T-ozr~:;,-\ Riesfril
Re\"~ntl':: M~n;J~1er
Dale
Ptlblh~ lJ!iIiUf'ls
uscs
6141200.112:48 PM
Approved By
J.:)hr: A. Yor:kosKy
Utllit'1 aWing Direct.::!r
D2te
Public UtiliUes
uses
6!4!20{l,1 4:10 PM
Approved By
Thomas Wil:!;l$
Operations O.r,1ctof
D~te
Public Utilities
Public Utilities Cperatic'r:s
ti6i20M 4:15 PM
Agenda Item 16C3
June 22, 2004
Page 2of4
EXHffiIT
"A"
1. William D. Collins, III, securing the principal balance of one thousand
three hundred forty dollars and no cents ($1,340.00). Folio #77310440008
Agenda Item 16C3
June 22, 2004
Page 3 of 4
This irstrument prepared by:
Rober. Zachary
Assistant County Attorney
Office of the County Attomey
3301 East Tamiami Trail
Naples, Florida 34112
(941) i74-8400
SATISFACTION OF NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against
William D. Collins, III
2436 Outrigger Lane
Naples, FL 33942
The Lien was recorded on 14TH day of November 1994, in Official Record Book
2002, Page(s) 0329, in the Office of the Cieri<: of the Circui1 Court of Collier Coun:y. State of
Florida. The Lien secures the principal sum alOne Thousand Three Hundred Forty Dollars
and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain
obligations against real properly situated in Collier Coun1y, Florida, describe.j 'is lollows:
LOT 13, BLOCK 1, TRAIL ACRES, UNIT 3, IN ACCORDANCE WITH AND
SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3, PAGE 94, PUBLIC
RECORDS OF COWER COUNTY, FLORIDA, AS DESCRIBED IN THAT
DOCUMENT RECORDED IN OR BOOK 1151, PAGE 417 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
FOLIO NUMBER: 77310440008
Collier County, a pol'tlcal subdivision of the State of Florida, a.nd trl3 Co:lie.. County
Water-Sewer District, a political subdiliislon of the State of Florida, hereby acknowledges
receipt at payment In full Satisfaction of the Lien and hereby cancels the Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowled~e that the Lien ceases to
exist
IN WITNESS WHEREOF, the Board of County Commissioners of Collier C;.lunty,
Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer Ostrict,
acting through its Chairman, directs execution and recording of this Satisfaction of ijen, by
action of the Beard this_ day of ,2004.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA. AS THE
GOVERNING BODYOFCOLUfP C":.'J",' AND
AS EX-OFFICIO THE GOVERNI^,C:; 80.4.""0 OF
THE COLLIER COUNTY W A iER-,e;FiN Fri
DISTRICT
Approved as to form and
Legal sufficiency:
~~
pl.
R BE T HARY
ASSISTANT COUNTY ATTORNEY
DONNA FIALA. CHAIRMAN
Agenda Item 16C3
June 22,2004
Page 4 of 4
Executive Summary
Recommendation for authorization to execute and record a Satisfaction for a
certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal Impact Is
$6.00 to record the Satisfaction.
OBJECTIVE: Approval of and authorization for the Chairman to execute a satisfaction
for agreement to extend installment payment of water and/or sewer system impact fees.
CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as
Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner
and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water
and/or Sewer System Impact Fees executed by:
,.............
SEE ATTACHED EXHIBIT "A"
Full payment and satisfaction of this agreement have been made.
The County Attorney's Office has reviewed and approved the satisfaction.
FISCAL IMPACT: Satisfaction of this agreement has increased the cash flow in the
Water Impact Fee (Fund 411) by $0.00 and Sewer Impact Fee (Fund 413) by
$1,180.00. The fiscal impact for recording the Satisfaction of Lien is approximately
$6.00, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund
Utility Billing cost center.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with this item.
RECOMMENDATION: Recommendation to acknowledge full payment and the
satisfaction of this agreement and to surrender the same as canceled. Authorize the
Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement.
-
Agenda Item No. 16C4
June 22, 2004
Page 1 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISS!ONERS
Item Number
1f,C4
Item Summary
Recommendation for autharil.a,ion 10 m(ec;;t~~ i~nd record a SatiH!actlcm for a
c~;rtain \NatHr andlor Sewer Impact Fee Payment Agrer,mm1t. Fiscal impact is
50.00 to record the Satisfaction.
Meeting Date
6/22/200.1 9:00 :00 .A.t\':
Prepared By
Ei!4f20<l4 '11 :24:34
Pam Callis
RIl1/enue Supmvjsor
AM
Public Utilities
uscs
Approved By
Jan~"'s W, D~L()ny
Publh: Utiliti"s Administrator
Dat"
Pwblic Utilities
Pwblic Utilities Admir.istrZ!tion
i}i~012i)04 4:30 PM
Appro~'ed By
Pcl? l.~hnhaTd
Ad;n::1;stfativF; Assi~t~nt
n~t~
County lybn<1g~r's OHice
C'lttke of Man,1gt!m€l~t & Budget
{i1~1ml04 8:44 AM
Approved By
Susan U,dl'.!r
Senillf M.ma;,)ernenI/8"dget Ar'<1I)'$t
Date
CrJun!.y MM1<1g6F"S Olfir;r;
Offi(;r; of Man.~gement & f31;ctget
61131;(0(\42:,13 PM
Approved By
Mi..:;h,cHf; Srnyko'lf',r':i~i
i',\;;na(jemt'nt.& Budgt'l Dir'.'<.:tor
O",te
Co'.mty Mam~gt".'s Off,ce
Office llf Manag<lm'.'nt .& Budq;;t
Sl13i2004 3:,16 PM
Approved By
Jz;mes V. Mudd
County Mai:3gE.r
Dz;te
BOiird of CfJUl1ty
Cc~m:SSEcne:rs
County MM1<1gM'S O;l'i!;r;
6iHi20(\4 4:18 PM
Approved By
P~,:"r: c;;m~
R~"l>nlJe SUp~fYj;,or
n~(e
Public UWitit,r.
uses
6i4!20iJ412:39 PM
Approved By
T~rfi-5;'~ Riesfi-il
Rev'=i1ue Mana~1fH
Dale
Pl,blh~ !JtiHUe;,
uacs
614!200,112::19 PM
Approved By
J.:Jhr; A. Yonkosky
Utilit'1 Billing Director
D"te
Public Utilities
uscs
6W20(1.1 4:11 PM
Approved By
Thomas \.\'id-aS
Operations Dirilctor
Diite
Public Utilities
Public Utilities Operations
616120044:18 PM
Agenda Item No. 16C4
June 22. 2004
Page 2 of 4
EXHmIT "A"
1. Armando Flores, Jr., a single man securing the principal balance of one thousand
one hundred eighty dollars and no cents ($1,180.00). Folio #68890960004
Agenda Item No. 16C4
June 22, 2004
Page 3 of 4
Prepared by:
Rooert Zachary
Assistant County Allorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Floride 34112
(941) 774-6400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAVMENT OF WATER ANDIOR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS, COLLIER COU"'TY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT. was the owrer and holder of a certain
Agreement with lhe following:
Armando Flores, Jr., a single man
Whose mailing address is
24 Grosbeak
Naples, FI341'4
Bearing the dats oj the 14'" day of January 2000, recorded in Official Record
Book 2631 Page(s) 0495, In the Office of the Clerk of the Circuit Court or Collier County,
State of Florida, which Agreement imaoses a I'en on lI1e subject real property. The Lien
secur~ the principal sum of One Thousand One Hundred Eghty Dollars and Nu C",,,U;
($ 1,180.00) plus accrued interest and penalties. it any, and imposes certain obligations
against real property situated in Collier County, Florida, described as follows:
UNIT 24, QUAIL ROOST. UNIT 1, A CONDOMINIUM ACCORDING TO
THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICiAl RECORD
BOOK 980, AT PAGE (S) 1634-1723, ET. SEQ., OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, TOGETHER WITH ALL APPURTENANCES
THEREUNTO APPERTAINING AND SPECIFIED IN SAlD CONDOMINIUM
DECLARATION. AND AS MAY BE AMENDED.
FOLIO NUMBER: 681190960004
Collier County, a poitical subdivision of the State of Florida, and tM Collier
County Water-Sewer District, a political subdivision of !he S~:e of Florida. hereby
acknowledges receipt of payment in fl,;l! satisfaction of the Uen and hereby
cancels the lien.
The Clerk of the Circuit Court s hereby directed to record this Satisfaction of lien
in the Official Records of Collier County, Fiorrda, to aCknowledge that the Lien ceases to
exist.
IN WITNESS WHERE:OF, the Boa'd of County Commisslo'lers of Collier County.
Florida, and as Ex.Officio the Goveming Board of the Collier County Water,Sewer
District, acting through its Ct,airrnan, directs execution and recording of this Satisfaction
01 Lien, by action of the Board this _ day of . 2004.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COl..NTY COMMISSIONERS
COLLIER COUNTY, FLORIDA. AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER.SEWER DISTRICT
-r
DONNA FIALA, CHAIRMAN
Agenda Item No. 16C4
June 22, 2004
Page 4 of 4
EXECUTIVE SUMMARY
Recommendation to approve Satisfactions of Lien documents filed against real
property for abatement of nuisance and direct the Clerk of Courts to record same
in the public records of Collier County, Florida. Fiscal impact is $42.00 to record
the Liens.
OBJECTIVE: Approve the satisfactions of lien documents filed against real property for
abatement of nuisance and direct the Clerk of Courts to record same in the public
records of Collier County, Florida.
CONSIDERATION: Authorize the filing of satisfactions of lien, for previously recorded
liens that have subsequently been paid.
SEE ATTACHED EXHIBIT "A"
,-
Said Liens were recorded in Official Record Book of the Public Records of Collier
County, Florida. The owners of said properties have paid to the Board of County
Commissioners sums representing full payment of principal and interest due. Collier
County has verified that said Liens have been satisfied and now requests Satisfaction of
Lien documents and order the Clerk of Courts to record same in the public Records of
Collier County, Florida.
FISCAL IMPACT: Recording the Satisfactions of Lien is approximately $42.00 and will
be charged to MSTD General Fund (111) - Code Enforcement Admin.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: That the Board of:'ounty Commissioners authorize the
Chairman to execute the attached Satisfactions of Lien documents filed against real
property for abatement of nuisance and direct the Clerk of Courts to record same in the
Public Records of Collier County, Florida.
-
Agenda Item No. 16C5
June 22r 2004
Page 1 of 10
.
4.
COLLIER COUNTY
BOARD OF COUNTY COMMISSiONERS
Item Numb.r
:t3C5
Item Summary
~'?~co:":1:raer:d;,:~t;\.):, t") appr,t,,'1'j S;.H;~b~tio:\s ~)f L:e~ dcc;..l::)I:;~~;Sf::ed ag;j,;r;st re-a:
~.ro:-~..::1.~i ft.:, i:t:'ctC-n1cnt ot :1:';:~C1f!':~ C1:ld d:rect t'i'3 C:ers cf CC'Ll~S to :-ccord
5t':-:I(; in t:1e p:Jo:\.:~ rf:~~.o:,1s of C(j:!:er C>~}:v:ty-. P:.x-:da F:~Cc.:i :~pact :5 $42 00 to
r~(;;,:'!r(,! tl1tl Uans.
Meeting Oat.
e;n!::'OO<I 9{;()'C.~~ AM
Prepared By
P'3m ~-;am5
R.;:-....I':m:e Super/:~l)r
e;4i2~G~:.: :33-31
AM
P~:b!l< Utl;;~;.,s
U9CS
Approved By
.Jrl:mes .4f. OeLo!'1y
P"blic IJtlI;I;'~$ Adl11i::,slra:or
Dale
PIJblir; Hti!!~:a~
Py~,ljc Utmt:p'!!i J\rimin:4)tr~~:I)J1
10/1 (li2GIl4 0\ :~~ J>1\lI
Approved By
.::tl":<":t P('rwp.:,,~
Op(-:r~UQl'"t? M~n.:;~r
Ome
Co:~:munity ~~y~!opr::2nt &.
~:r'\'::'onme:"!tt! SaT>):",~~
Code E::fcr"em~"l
~n ~ j'ZCG4 11 :J5 AM
Approved By
(::,}~:T:\ml1y O<,,-.,,-~if)r>:':'::ent &
I: n\";:"vnm~~tl:1 $&"'J;o\,.'f!~
Operati.on:!io ,.'\.n.ly!d
Cn~~ur:ity Oe'vol}ln;'1~emt $.
t: jw;!"cr'm~~!1!:1 ~:-ervi",~l? Adm::"':.
Oats
C.o;;:?tancp. A. Jv11I"'l$OH
iid ': /?'QIM ~ ;!X: PM
Approved By
Post L~h~hcu'd
Ad::~:r:i!.i!'~tjye A:iSihit.ant
O~t~
('{,,_~(!ty Man':'~.~r's Offi<.~
Off:o:- ~t Mar:{i\j{omgm & B\.l<l~.~t
;;j1i20<}4 2.2~ PM
Approved By
:\o~arx: l.:-c),..;:\':~(.rl
8..,Jy.~t A!1.J!l)'s~
Dat~
t:n::~:y l\otqn(JQe(~ affi:,:~
Gtf:,-;..~ cr M;,)I"'~::;~mofll~ ol E'!:J:i~~t
f,iM/?'(104 ~:~14 ~M
Approved By
Mi.;h~el Smyknw'50%i
?,(;,}~illgem<,,;;t .t n:Jrig~t (j::'1}~~0:"
n"tP.
C,,1;';;:::W' M;1r'lCi.:';'-"'!? Of1'i.;;i,1
Off:t.... c~ M;\~....j.jOoi;np.:1t & l~;..;~~.Q-::
S;14i?C04:C:3J _"M
Approved By
":J:!n~~ v. Mudd
(.;U;J::~Y Ma;r'l:aw~r
::;i:lh~
Ein..1.r-d ::'3! ~~l)lJnty
~:n:mty M;)f\ag~r"s. Offil"'..ft
iii.:.,/?'QIM ~:?ii PM
(.:U:::H1;s~i()nc::'S
Approved By
p(f,((l Ci:l:;is
f<.C:;o'~!"!o..=l!:!o SU~:"J:sc.;r
!lcl1~
Pl;t;Ii:-: Uti::t:~5
1)f:GS
ei4iI.~C~ '2;"1 J>M
Approved By
Tr.:"9,:~a R:e~~n
R".I{P':":::~ ~;:Jn~g,(III:r
~m<."
~:uhH;; UW.t;~1i
l!1~H
~i,':ZOU~ ~VS!lI'M
Approved By
..:.;;~~;~ t" Y.;ll"lXo"ky
l!li::ly !;;Ilinil Ol,.."tor
D>tt~
Pu':.;.lJo:: Utj;;t;~Si
UliCS
€J4'Z!:C4 4. ~ 2 ~~d
Approved By
Th!:l~as: W:d~s
OP~:llti.;.ms D;;~;;tc:
~i:l~~
Pub.li~ UW:::es
P..!blic UtiH::~s O;>~rat:cns
;/6120<)44;2.1 """
Agenda Item No. 16C5
June 22, 2004
Page 2 of 10
EXHffiIT "A"
1. Mable M Albrecht and Victor Charles Albrecht, Folio #24880480004, Lot 12,
Block D. Brookside Unit #2, Subdivision, Res. #89-399
2, Mabel M Albrecht & Victor Albrecht, Folio #24880480004, Lot 12, Block D,
Brookside Unit #2, Subdivision, Res. #95-321
3. Mabel M. & Victor Charles Albrecht, Folio #24880480004, Lot 12, Block D,
Brookside Unit #2, Subdivision, Res. #98-320
4. Mabel M. & Victor Charles Albrecht, Folio #24880480004, Lot 12, Block D,
Brookside Unit #2, Subdivision, Res. #99-25
5. Bissainthe, Vilaire & Estilia, Folio #22624200002, Block 6, Lot 6, of that
certain subdivision known as Avalon Estates, Unit No.1, Res. #2001-330
6, Enei V., Jose R. & Enei, Laura S., Folio #36010200000, Lots 25 block 111
unit 3 Part-Golden Gate, Res. #2002-391
7. Reno, Mildred A., Folio #62766640001, Lot 33, Block 58, of Naples Park
Subdivision Unit No.5, Res. #2003-104
Agenda Item No. 16C5
June 22, 2004
Page 3 of 10
This instrument prepared by.
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamlallli Trail
Naples, Flonda 34112
(941) 774-8400
Property Folio No, 24880480004
SATISFACTIO:'-< OF LIEN
KXOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNry
CO:-"I:-'fISSIONERS OF COLLIER COl:NTY, FLORID:\ was the owner and holder of a certain Lien
against:
:-'Iahei M. & V etor Charles Albrecnt
7719 Eagles Heau CL
Park O\'er:ook
Rockvllle,!\1D 2C855
uen was recorded on the 22" day of February 199'01, in Off:cial Record !:look 2515 Page 0945 in tI-.e
Office of toe Cter< of the CiTeuJl Cuur: of Cochcr COUTHY, State of Flonda. The Lien see"res the
princIpal sum of Three Hundred Eig.lty Doilars and No Cents ($3RO.OO) plUl ilccr\led interest ~nd
penaltIes, if any, and Imposes certaIn obligations against real property situated in Collier Co "my,
Flanna. ,ipsrnhed as follows:
LOT 12, BLOCK D, BROOKSJD:: UNIT 112. SUBDIVISION
Collier County, a pohllcal subdivision of the Slate 01 Florida, hereby acknow teuges receipt of payment
in full sa:isfaccion of the Lien .nU hereby canccls the Lien
The Clerk of the Circuit Court is hereby directed to record this Satisf.ction uf Lien in the Official
Rpcnrrl.s .,f Collier County. Rm;d~. :0 ackno\Nlecge that the Lien ceases to exist.
L" WlTr-.'ESS WHEREOF. the Board oi Cou"ty Comrrjssioners of Collier County. Florida, acting
through Its Chairman, direcs e~ecu[[on and record:ng of this SatisfactIon of LJen, by lction of the Board
this _ day of , 200-1.
ATrEST:
DWTC1HT E BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUi'<'TY, FLORID....
By:
DONNA FIAU. CHAIRMAl'
Appro,'cd lIS to form
and legal sufficiency ~
'k-7- /) //'
ROBE){T Z~RY
Agenda Item No. 16C5
June 22, 2004
Page 4 of 10
This instrument prepared by:
Robert Zachary
A,sistant County Attorney
Office of the County Attorney
3301 East Tamiarni TraJl
r-;apks. floliua 34112
(~41) 77.j-S~OO
Proper.y Folio No 24880480004
SATISFACTION OF LIEN
K."<OW ALL MEN BY THESE PRESENTS: That the BOARD OF COU)''TY
CO~P.-.lISSIO:-"'ERS OF COLLIER COlOOY. FLORIDA was the o...'ner ~nd "older of a certam Lien
again,t:
\l<.hle \1. Al~recht ~nd Vicmr Charies \lhrecht
7 Amt. Ct.
Burgundy Corners
Rccbllle. \!D 20S51
Lien was recorded on the 15th day of January 1990. in Official Record Beak 001498 Page OOl092 in the
O,fice of the Clerk of the Circuit Court of C.orier Cmnty, State of Flondol. The Len ,ecur<s the
pnncipal sum of Olle HUI1d::ed Twenty Dollars and No Cellt~ ($ 120.00) plus accrucu i~tm"l dnu
penalties. if any. a:ld imposes certain obligation; again,[ real property sitUdted In ColI:er CaucHy.
Florida. de>enhed as follows:
LOT 12. BLOCK D. BROOKSIDE IF.'IT 1t2. SLJI:lPIVISlO:>:
Collier C:>unty, a political subdivision of the State of Florida, hereby ,cknowledges :e.oeipt of pa;rnenl
in full satisfaction of the 1.ien and herehy cancels the Lien.
The Clerk of the Grccit COClrt is hereby directed to record this Satisfacucn of Lien In the O:ficJaI
Rec~rd., of Collier County, Florida, to xknowledge thn the Lien ceases to exISt.
1:'\ WIT:\ESS WHEREOF. the BumJ uf CUJnly COrTmlSS10ner~ or CJllier Cou~ty. Ponda. 3cl1ng
:hrough Its C~[.jrman. Clrects executIOn Jod recording ot this Satisfaction of Li:r,. by GcllOn ot lhe Board
',hiS _ dJ; cf . :004.
.\ TTEST
D\\lGHT E. BROCK. r:1erlc
BOARD OF COL"j{ COr-.l\.llSSIOI"ERS,
COLLIER COL"iY. FLORIDA
[ly:
DO:\NA FIALA. CHAlRM-\N
^pprClVCc. d."; to form
.~ency
IC.~
ROBERT Y
Agenda Item No. 16C5
June 22, 2004
Page 5 of 10
This ,"s:rumenl prepared by:
Roben Zachary
Assistant County Attorney
OffIce of the County Attorney
3301 East Tamiam; Trail
"aples. Flonda 3~112
(941) 774-8400
Property Folio No. 62766640001
SATISFACfION OF LIEN
K:-IOW AlL MEN DY THESE PRESENTS: ThaI the BOARD OF COL1~TY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was thc O",Hr lr.d h"ider of a certain Lien
agaJr.st:
Reno. Mi!dred A.
48 C Drydon Dr
Miami Springs. Fl 33166
Lien was recorded on the 3'd day of ApnJ 2003. in Official Re<:ord Book: 2'6 Page 1226 in :he Office
of the Clerk of the Circuit Court or' CollIer County, State of llonda. The l.: on ,ecure, the pnnci~aJ sum
of Two Hundred Flft)' Five Dollars and!\o Cents (5250;.00) plu; acr.leJ .nl<l"" anJ penalties. if any,
and imposes cemun obligation" agilinst real property situated In Cullier Countv. Florida, descnbed as
follows:
LOT 33, BLOCK 58. OF l\APLES PARK SUBDIVISIOX UNIT:--:O 5
Collier County, a political subdinslOn of the State of Fluml., hereby aC"h,wlectges receipt or payment
in full satisfaction of the Lien and ,ereby cencels the Lien.
The Clerk of the Circuit Court IS horeby dlrected to recunl ,hi, Sacisf2cl1on cr Lien In the Offtclal
Records ofColI:er County. FloridD. Ie> adnowlcdgc that the Lie" :ca,e; lO O'.Ll.
TN wrr:'>'ESS WEEREOf'.the Boud cf Coonty Cornr:1i;sioners of Co!:ier c.'JO'V, F"rida Kling
thruugh L' CLurman, directs executIon and recording of r:'ls S:nstac..lc\fl or Lien, by Jell"" nf rhe Board
this day of ,2004.
ATTEST
DWlGHT E, BROCK, Cleric
BOARD OF COll','TY CO:-'l\,I:SSIO:-'c.l{S,
COLUER COl'l'.TY. rTORlO.\
Hy:_ ____
DO','NA HAL'. 1'[1,\ :l{\' '.:,
----r
Agenda Item No. 16C5
June 22,2004
Page 6 of 10
This in-rrument prepared by:
Rubt:rt Zachary
AssIStant County Attorney
Office of the County Atlomey
3301 East Tamiami Trail
:-:apJes, Florida 34112
\9.H) nl-&400
Pro~rty Folio No. 248S0480004
SATISFACTION OF LIEN
K."OW ALL ~tEN Ii Y THbSE PRESeNTS Ihat the HOARD OF COl'NTY
COMl\-IISSIONERS or COLLI:ER COUNTY. FLORIDA ",as the owner and holcer of a certain Lien
aga.inst:
~1abel M Albrecht & Victor Albrecht
1041 Copperslme Ct
Jeffers"n Squ;u-.
Roci<vll1e, MH!la:1L120852
LIen was recorded 0:1 the 9" day of June 1995. lr, Offclal Record Book 206i bge 1532 in :he Office of
the Clerk of the Circuit Coun of Collier County, State of Florida. The Lien secures the princlpal sum of
Six Thousand Four Hundred FIfty Dollars and No Cents ($6..150.00:' plus ,'.ccn:ed IOterest and renalt]es,
:f ar.y. "nJ im?Oses cenain obligatiuns against real properlY siLua:ed in Colher County, Flonda,
descnbed as follows:
LOT 12. BLOCKD. BROOKSIDE u'NIT #2, SLllDI\'1SIO~
Ccllicr County, a political subdivision of the State of Ro:oda, hereby aekno,-, ledges rece'pt of payment
10 fu'l sausiact,nn of the Lien and herehy :a~cels the L:e:1.
The Clerk of the Circuit Conrt is hereby directed to record this Satisfoctior. or' Lien m the Official
Records of Collier Coumy, Flonda. to ackncw:ediie l'1at :he Lien ceases to ~~"t.
1'" WIT.'.'ESS WHEREOF, tr.e Board ofCo.mty Corr.missio~ers cf Co)llier Count). Flor.ea, acting
through its Chuinno.n, directs exect.:tion and recordmg 0:. trus SD.tisfCl.ction O~~ Lie!;, by l:ictlQn of the Board
th,S __ day at . :004.
ArrEST
DWIGHT E. BROCK. Clerk
BOARD OF COL'?'TY CO~I~flSSIOl'.'ERS,
COLL[E!~ COL:-;YY, fLORIDA
By:
DO:-;:-;A FIALA, CHArR-\.IAN'
Appmved a< to form
and legal sUffi.;ienc~
~/~
R BE 'Z:ACHARY
Agenda Item No. 16C5
June 22, 2004
Page 7 of 10
This Instnlment prepared by
Raben Zachary
Assistant County Altorney
Office cf the Cuunty Allomey
3301 East Tamiami TI'.w
Naples, Flonda 34112
(941) 774-5400
Property Folio No. 216242??oo2
SATISFACTION OF LlliN
KNOW ALL MEN OY TIffiSE PRESENTS: That the BOARD OF COl.0.IY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA 'Was the owner and holder of a certain Lien
against:
B i ;sainthe, Vii aire & Eslilia
.+616 Acadia Ln
K aples. FI 34112
Lien was recorded on the 3'd day 01 October 2001. in Official Record Dook 2901 Page 1777 in the
Otfice of t~e Clerk of the Circuit Cnurt of Ci,llier County. State of florida. The Lion secures the
principal sum of Fu~r Hundred Finy Dullars and :-10 Cenls (S450.00) plus acor:JeJ ;.:",0$: "EJ p:nalLies,
if any, and impo<e; certa;, obligations against real property situated in Collier County. EoneW.,
Jescribcd <IS follows:
BLOCK 6, LOT 6, OF THAT CERTAIN SUBDIVISION K."-'OWN AS AV,\LO:, E5 i'\lCS. L::-;lT
:-10,1
Colder C:>unry, a political subdivision of the Slale o{Florida, hereby acknowledgc; r""cipt ofrayment
in full satisfaction oflhe Lien and hereby cancels the Uen.
Tee ClerK of the Circuit Court is hereby direcled to record tbs Satisfaction of Lien In '.he Ofllclal
Records of Collier Cucmlf, Florida, to "cknowledge that the Lien OI""es to eXIst.
TN WlT:-'BS WEEREOF, the Board of County CommiSSIoners ot Colll:r Cour,ty, F'.flJl. JCtlr.g
through Its Chamr,an, directs executIOn and recordmg of this Satisfaction of L1en, by "c:lun of the Boarc
Ilus _ ,hy uf . :004.
ATTEST:
DW1GHT E, BROCK, Clerk
BOARD OF COUNTY CO\rvnSS lO:'-o'ERS,
COLLIER COUl\TY, FLORID,'.
By:
DONNA FIALA. CHAII<..\IAN
Approved il.S [Q fonn
a~encY ,~
R BERT :t.AL:~Y
Agenda Item No. 16C5
June 22, 2004
Page 8 of 10
This instrlment prepared by:
Robert Zachary
Assistant c.nunty Attorney
Office of the County Attorney
330 1 EaS! Tarruami Trnil
:'-l.ples, Florida 34112
(941) 774-8400
Property Folio Ko. 3601020??oo
SATlSfACTIO:--l OF LIEN
K....ow ALL MEN BY TIiESE PRESEl'<'TS: 11,at the BOARD OF COt:NTY
COM\USS[O~ERS OF COLLIER COUNTY. FLORIDA "-as t!:e owner and holder of a certain Lien
against:
Enel v., Jose R. & Enel, La.jra S.
PO Bo~ 1331
ChIle
Lien was recorded on the IS'h day of October 2002, in Oflicial R""ord Book: 3131 Page 2312 in the
Office of tr.e Clerk: of the Circuit Cour. of Collier CO.lnty, State of Florida The Lien secures tre
pnnctpal sum of Eight Hundred Dollars andl\o Cents (580000) ;Jlus accrued interest and penaJies. If
any. and imposes certain obligatioE5 ag:unst real propeny ~Itu.ted b Collier County, Florida, described
as follow;:
LOTS 25 ELOCK 111 UNIT 3 PART- GOLDEK GATE
Collier C>Unty. . political subdivision or' the State of Florida. hereby acknowledges receipt of p~men(
in full satisfaction of the Lien and hereby cance:s Ire Uen.
The Ckrk of t!:e Circuit Court 1S hereby dir<eted to record this Satisfaction of Lien in the Official
Records of Collier CO'jnt~, Florida, to acknowledge that the L1en cea~es to e.~lst.
C'-I WIT:\ESS WHEREOF, the Roard of County CommlSs1oners of Collier Cour.ty. Florida, acting
through its Chairrr.an, ilire~ls e,,<cution and recording of this Satisfaction of Lien, by action of the Board
this ehy of . 10n4
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUYrY COMMISSIOl',;ERS.
COLLU::.R COUNTY. FLORIDA
By:
DONNA FlAI A, eRA TRMAN
Approved as to form
and Ie ienc/-J
Agenda Item No. 16C5
June 22, 2004
Page 9 of 10
Tlus instrument prepared by.
Robert Zachary
.'\ssistant County Allome)'
Oft1ce of Lhe County Attorney
3301 EastTamiami Trdil
Nllples. Forida 34112
(,}41) 774-8400
Property Folio No. 24880480004
SATISFACTION OElJl';M
,,""OW ALL MEN BY nn::SE PRESENTS: That the BOARD OF COUNTY
COM:VUSSIOI'ool:RS UI' COLLiER COL'NTY, FLORIDA was the owner am) holder of a certain {jen
against
'label :-"1. & Victor Charle; Alb~e:ht
7719 Eagles Head Ct.
Park Overlook
Rockv1l1e. '.10 20855
Lien was reconkd un the 2"" day of October 1998, in Official Re:ord Book ~466 Page 2972 in Lhe
Office of the Clerk of the C:reult CO'lrt of Collier County, Slate of Flor.da. The Lien secures the
;>rindpal sum of Two Hundred Forty Five Dollars and No Cen:s ($245,00) plus accrued interest and
penalties. if any, and imposes certain obliga:ions agamlt real property situated In Collcer C01.:nty.
Flonda. des en bed as fellows:
LOT i2. BLOCK D, BROOKSIDE C:--JIT #2, SLB1)1'flSION
Collier County. a poli:icul su'odivision of the Stale of Rorda, "ereby acknowledges receipt of payment
in full latisfacnon uf the Lien and nereby cancels the Lien,
The Clerk of the Circuit Court is hereby clrected to record thiS 'satisfaction of Lien In the Oflicial
Records ofCoJlier County, Florida. to acknowledge that t~e Ijen cea,cs to cxist.
IN WITNESS WHEREOF, the Board of Ccunty ClImllU"i~l1tlS uf Coil;", COUllty, Florida. acting
through its Chairman, difec:s e\eCltlon and recording of thi, 'satJSfactlOn of Lien, by action of the Roard
thIS day of .20t)4.
ATIE3T
D\\'IGIIT E. BROCK. Clerk.
BOARD OF COLNTY CO:VlMISSIONERS,
cau {F,R COUNTY. FLORIDA
By:
DO,,'NA FIALA. CHA.IRMAN
ApproveJ as 10 form
and legal sufficier.c;
~r"-----'
ROD. T CHARY
Agenda Item No. 16C5
June 22, 2004
Page 10 of 10
EXECUTIVE SU~'1MARY
Recommendation to approve Work Order UC-019 in the amount of $677,700.00 with
Douglas N. Higgins, Inc., for The Golden Gate Boulevard Water Main Replacement
project, Contract 04-3535, Project 70067.
OBJECTIVE: To receive Board approval of Work Order UC-019 to replace an ex.isting water
main under the pavement of Golden Gate Boulevard between Weber Boulevard and the Cypress
Canal.
CONSIDERATIONS: The widening of Golden Gate Boulevard placed pavement over the
existing Golden Gate Boulevard water main. The main, which was laid on cap rock, has broken
several times since the installation of the pavement. This has required the road to be closed to
make emergency repairs, which have disrupted traffic on this vital roadway that serves Golden
Gate Estates, and provides access to the Big Cypress Elementary School. Water main breaks
have also required issuance of boil water notices to the school and other water customers in the
area.
~.-
The 2002 Water Master Plan Update called for the main to be replaced in FY 2005. The 2003
Master Plan Update, adopted by the Board on May 25, 2004, Agenda Item lO-D, calls for
replacing the main in FY 2004 because of the recent main breaks. It is important to complete the
water main replacement as soon as possible, before the existing main breaks again, in order to
limit disruption to the school's water service.
On May 26, 2004 staff requested cost proposals from the five contractors under the "Annual
Contract for Underground Constru<.:tion" to be submitted by June 9, 2004. Proposals were
received from all of the five by the deadline, The proposal amounts were as follows:
Douglas N. Hi gins, Inc.
Quality Ente rises USA, Inc.
K Ie Construction, Inc.
Haskins, Inc.
Mitchell and Stark Construction Com an , Inc.
$677 ,700.00
$747,213.00
$749,770.00
$874,825.00
$999,050.00
The Engineer's estimate was $1,123,500.00. Staff proposes to issue Work Order UC-019 to
Douglas N. Higgins, Inc. in the amount of $677,700.00 for construction of the water main
relocation. Douglas N. Higgins, Inc. was the lowest, responsive bidder and they have a
satisfactory performance record on previous projects involving similar work.
FISCAL IMPACT: Funds are not budgeted in FY 2004 for construction of this project. A
Budget Amendment is needed to transfer $745,470.00 for construction, plus a ten percent
contingency for unforeseen conditions, from Wastewater Reserves to project 70067 - Golden
Gate Boulevard 1 O-inch Water Main. The source of funds ;s water user fees.
-
GROWTH MANAGEMENT IMPACT: The project replaces an existing water main, so there
is no growth management impact.
Agenda Item No. 16C6
June 22, 2004
Page 1 of 5
Executive Summary
Approve Work Order
Page 2
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water Sewer District, approve and authorize the Public
Utilities Administrator to execute Work Order UC-019 in the amount of $677,700.00 to Douglas
N. Higgins, Inc., following County Attorney review, and approve the necessary budget
amendment.
.-
Agenda Item No. 16C6
June 22, 2004
Page 2 of 5
Item Number
Item Summary
Meeting Date
COLLIER COUl\TY
BOARD OF COUNTY COMMISSIONERS
H3Cli
Recr..mmendr.lt:on to approve VVork Or~ier :JG...01H in the arnOt-in! ot $6i'.'}00 GO
with Douglas N, Hi.]g:ns, in!;.. tor Tl-:o1 Goklr,n G<ltf: Boulp'V<lrd Water M<lin
Rtlpi;)cenl~lnt project, C..1r:tract 04.35~\5. Project '700(;7.
t~:22;2G(J4 9:00'00 A~~
Prepared By
:~onald r. Dillard, P .E.
P\iblic ~Itj!iti<;$
$,mior Project M3na~er
Eii10i211114 il:S4:15
AM
Pub"c Utmtifts Engiflv~rjflS;
Approved By
L:f'1WOQU
A(j",ird~tr<1tjv" S~l'Vicftro
P,lrf;h4~;:'g As*nt
Datil
P~;rchc\~ifIY
$f1{1i2GG4 10;4(l AM
Approved By
Gw~n Butl~r
.I~11m:r:istr~tl\rf) Servi::~s
F~jr..~11i:\:;;ng: S~jp(d:-v:i7(Jr
O.at~
~urch3.s:ng
Eii10i2il1l4 11:49 AM
Approved By
rho.m.:Js VVj~o:s
P..:hi:f; UtHit;f.;~
C~lo[U2:lti-:'r:s D;re~tQr
Date
P,lb!:!': UH::!i!,$ Opv:';\!jr;:u,
5i,O/1004 ":17 PM
Approved By
P<1\:I Matt..mH~h
Public Utmt!€'s
;N..,ar i:Hrr;r,;,or
Datft
YIi"2tQr
G;~O,';lG04 2:51 PM
Appro~ed By
Roy B. And~rsGr., P.E.
Public UtiHt:es
Pub::c UtiiltillS Er.gin;;eria\j Oirllctor
D3tll
~:.Jb;;.: :Jti;:ties t:rigineering
f,i10i21104 :i:SS PM
Approved By
J3mes VV. Oal-or:y
P:..~blic UtjHt:'=>3
F:.Jb;;.c :Jti;;ties J\dm:ni!;tr3tc-!'
Date
P:'lbl:o:"; :Jt':::~i~!; Adr::::l!~t:"3~tL~(1
lj;10:2C04 4:3<! PM
Approved By
?~t l~~:nh,~:,d
County M3nag.::r's Officll
.<\d,.,.,;r:is,r,~tiva Arosis(.,:,t
O:;':t~
Offic€' Gf Mana\jemllnt 8. BUdlJ;;t
UI1~;2004 8;!;5 AM
Approved By
SUS3n Ushllr
C<^lnty M:m<1S"'f'!f Office
S;;nior M.;r.3g11n1€'!1tiBudgllt An.;;yst
D3t8
Off!<;{t cf M..:,agft1fHmt & 6<;dSflt
6i~3i2n1l4 3::U PM
Approved By
Mie!':;'01':l Smykcwsld
C,~,m,y M<U'.,.~!<v:'~ Offi(:ft
M<1n~gllfl"r.1t & 8uuset t:'~ctl"ll'
03t~
Offie" of MMI:;g~I11Ant '" Bl:dgv,
6.i-:3f20Q4 .3:55 P'M
Approved By
.J:;r::vs V, Mudd
Board ot County
CO:H ml!'sic:au"$
CUlj{;t)i Mcll';:~y~r
0.\1..
County Man.;gllr's Office
ljjl ~i2i)i)4 1 ~ :09 AM
Agenda Item No. 16C6
June 22. 2004
Page3of5
WORK ORDER UC-019
"ANNUAL CONTRACT FOR UNDERGROU NO CONSTRUCTION"
Contract 04-3535, Dated March 9, 2004
This Work Order is for general contracting services, subject to the tenns and conditions of the Contract
referenced above, for Work known as:
Golden Gate Blvd. Water Main Replacement
The work is specified in the proposal received June 9, 2004 from Douglas N. Higgins, Inc., which is
attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the
Agreement referenced above, Work Order UC-019 is assigned to Douglas N. Hiocins, Inc.
Scooe of Worle Provide all services called for in the plans and specifications to replace the 10" water
main along Golden Gate Blvd, between Weber Blvd. and the Cypress Canal. A performance and
payment bond is required for this project.
Schedule of Work: Complete work within 60 calendar days from Notice to Proceed, Liquidated
damages will be assessed at $857.00 per day for each day this time is exceeded.
Comoensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in
accordance with the unit prices provided in the proposal.
TOTAL PRICE:
$677.700,00
Any change made subsequent to final department approval will be considered an additional service and
charged according to an executed Change Order as enumerated in Exhibit D of the Agreement.
REVIEWED BY:
h-q-OLf-
Date
PREPARED BY:
AUTHORIZED BY:
t'~ ')/. PI--
Date
APPROVED BY:
ACCEPTED BY:
,De ony, P.E., Public Utilities Administrator
, h:]o
Date
Approved as to Form and
Legal Sufficiency:
Assistant County Attorney
Date
Fund: 412 Cost Center:
273512 Object Code: 763100 Project Number: 70067
Agenda Item No. 16C6
June 22, 2004
Page 4 of 5
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4
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment to transfer funds from Reserve for
Contingencies to the North County Water Reclamation Facility, Reuse, Collections
and the Wastewater Laboratory in the amount of $175,000.
OBJECTIVE: That the Board of County Commissioners, Ex-Officio the governing
Board of Collier County Water-Sewer District approve a budget amendment that will
allow funds to be transferred from Reserve for Contingencies to the North County Water
Reclamation Facility (NCWRF), Reuse, Collections and the Wastewater Laboratory in the
amount of $175,000 to cover unanticipated expenditures.
.......-
CONSIDERATIONS:
The NCWRF needs $80,000 to cover operating expenses for the remainder of FY 03-04.
There is a shortage of funds for electricity due to the NCWRF's plant expansion, which
has progressed ahead of schedule; new equalization basins are on-line earlier than
budgeted and the expansion triggered an unforeseen need for a second 250 horsepower
digester blower to improve sludge quality prior to the dewatering process.
Reuse requires $25,000 for electricity to cover an additional 35 days of full usage of the
lmmokalee Road well fields due to an increase in system-wide demand for irrigation water,
Collections under-budgeted for lawn maintenance, electricity and chemicals in the amount
of $65,000 due to added lift stations, extended run times and more bioxide tanks in place
than originally forecasted.
The Wastewater Laboratory needs $5,000 to cover operating supply expenses for the
remainder of FY 03-04. This shortage of funds was due to unforeseen compliance
analyses of the North County Water Reclamation Facility as well as unexpected analyses
and sampling of North ground water monitor wells.
In total, a budget amendment in the amount of $175,000 is needed to cover unanticipated
expenditures.
FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of
$175,000 from the County Water-Sewer Operating Fund (408) Reserve for Contingencies
to the NCWRF, Reuse, Collections and the Wastewater Laboratory Budgets.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with the Executive Summary.
RECOMMENDATION: It is recommended that the Board of County Commissioners, as
Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the
necessary budget amendment for the transfer of funds from Reserve for Contingencies to
the North County Water Reclamation Facility, Reuse, Collections and the Wastewater
Laboratory to cover unanticipated expenditures.
.-
Agenda Item No. 16C7
June 22,2004
Page 1 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16C7
Item Summary
Recommendation to approve a budget amendment to transfer funds from
Reserves to the North County Water Reclamation Facility, Reuse, Collections
and the Wastewater Laboratory in the amount of $175,000.
Meeting Date
6/22/2004 9:00:00 AM
Prepared By
Marisa Garcia
Operations Analyst
6/9/20042:37:39 PM
Public Utilities
WasteWater
Approved By
Thomas Wides
OpelriltiOr!S Director
Dille
Public Utilities
Pub!ic Utilities Operations
6/10/20048:22 AM
Approved By
Pat l.ehnhard
Administrativ0 Assistant
Date
County Manager's Office
Office of Management & Blldget
6/11120048:56 AM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
6/11i2004 9:12 AM
Approved By
Randy Greenwald
Management/Budget I~nalyst
Date
Board of County
Commissioners
Office of Management &. 81~dg~t
6/11/20042:26 PM
Approved By
Michael Smykowski
Managl.!menl & 8udget Dimdor
Dale
County Manage,'s Officl.!
OffiCE! of Management & Budget
6112f2004 1 :12 PM
Approved By
.lames V. Mudd
Ccwnty Manager
Data
Board of County
Commissioners
County Manager's Office
6/15/20048:50 AM
Approved By
Joseph 8, Cheatham
Wastewater Director
Date
Public Utilities
WasteWater Treatment
6/912004 2:45 PM
Agenda Item No. 16C7
June 22, 2004
Page 2 of 2
EXECUTIVE SUMMARY
Recommendation to approve the Selection Committee's decision and award a
ProCessional Services Agreement to Hazen and Sawyer, P.C. for the South County
Regional Water Treatment Plant 12 Million Gallon per Day Reverse Osmosis
Expansion, RFP 04-3589, Project 700971, in the amount oC $2,990,500.
OBJECTIVE: To provide for professional engineering services necessary to expand the
existing 8 Million Gallon per Day (MGD) Reverse Osmosis (RO) plant at the South
County Regional Water Treatment Plant (SCRWTP) by 12 MGD to a total of 20 MOD of
RO treatment capacity.
CONSIDERA nONS: On May 25, 2004, as Agenda Item 10 D, The Board of Collier
County Commissioners adopted the 2003 Water \taster Plan which provides for
increases in water production capacity necessary to meet the needs of Collier County's
residents and visitors through the Plan's 20-year cycle.
The County is currently constructing an 8 MGD RO production unit at the SCRWTP that
is scheduled for completion on August 17, 2004. This unit is designed to accommodate
this proposed 12 MGD expansion that will bring the total RO production capacity of the
plant to 20 MOD. This RO Plant capacity coupled with the existing Lime Softening
unit's capacity of 12 MGD will bring the entire SCR"VTP to a total finished water
production capacity of 32 MOD as stipulated in the Water Master Plan.
-
A Request for Proposal was issued and subsequently a Selection Committee was
convened to evaluate the proposal of the three finalist firms: Hazen and Sawyer, P.e.~
Carollo Engineers, P.e., and Metcalf and Eddy, Inc. By consensus the Selection
Committee selected Hazen and Sawyer as the No.1 :'iml and Carollo as the No.2.
Staff has negotiated a scope of work and fees with Ha?cn and Sawyer, P.C. for the
Professional Engineering services necessary to design, bid and build this expansion. The
following summarizes the breakdown of costs aSSOl:1ilteJ with this proposal.
Task I Design Report
Task 2 Preliminary Design
Task 3 Final Design
Task 4 Construction Bid Services
Task 5 Construction Contract Administration
Task 6 Detailed Observation
Task 7 Additional Services Allowance
TOTALS
.-
$ 141,260
$ 658,810
$ 454,370
$ 0
$ 282,220
$ 551,340
$ 902,500
$2,990,500
Agenda Item No. 16C8
June 22, 2004
Page 1 of 3
According to the American Society of Civil Engineers guidelines, Engineering and
Design costs for a proposed $19 Million construction project of this nature should be in
the range of 12-15% of total construction cost. These proposed fees amount to 12.5% of
the estimated construction costs after compensating for unusual or non-traditional work
such as Pilot Testing and coordination with other projects.
Staff has negotiated these fees, finds them to be fair and reasonable and recommends
awarding a Professional Services Agreement to Hazen and Sawyer, P.C. for the design
and construction of this expansion.
FISCAL IMPACf: Funds in the amount of $2,990,500 are available in County Project
700971 - SCRWTP 12 MGD RO Expansion. Source of funds is water impact Fees (411).
This project is consistent with the 2004 Fiscal Year Capital Improvement Budget
approved by the Board of County Commissioners on September 18, 2003.
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the
Goals, Objectives and Policies of the Collier County Growth Management Plan and is
consistent with the 2003 Water Master Plan adopted by The Board of County
Commissioners on May 25, 2003, item 10 D.
RECOMMENDATIONS: Staffrecommends that The Board of County Commissioners,
as Ex-officio governing board for the Collier County Water-Sewer District awards a
Professional Services Agreement to Hazen and Sawyer. P.e., for the design and services
during construction of the South County Regional Water Treatment Plant 12 Million
Gallon per Day Reverse Osmosis Plant Expansion, RFP 04-3589, and authorize the
Chairman to sign the standard Professional Services Agreement after review by the
County Attorney.
......-..,
Agenda Item No" 16CB
June 22, 2004
Page 2 of 3
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
SOARO OF COUNTY COMMISSIONERS
16C8
Rl)~Omm"nd;]ticr. to appr'Jv" the S,-,'Etic,r, Cc,mmitt,-,,,'$ d,-,'JiSion and ilw"rd 3
Prc.t"r:ss:onai S~1r/i015 Agr~:~1mBr.t to H3zen and S;~.tt'y~;r, P.C. fe.r the ~~'Juth
COlinty Regional V'later :f6.3t:'ltH':t P:;::r.t ~ 2 M:IHcr. Go:J0n per Day Rt;VArse
OSIYn.1Sis Expanri:c,rl, RFP D4-35B9, P(Q~ect 700971, 11~ t:I'B amount (-:f
:f.2,990.5QQ,
6/22/2004 9:G'(;'u'J AM
c;j9!2GG4 4:~5:1~ PM
Prepared By
J>"rfir:o e. Grlll11"nlllls, P.F..
Public VtHl1le;
Sr. Proj.,,:t "'hllll'l9'"
P...IJ;;~ Utilities Enginllllring
Approved By
rh"m~$ Wid""
P"t;licUWiti""
Opp.r~t;"M I';rect.".
nlltP.
Puu::c Utilities Cp"'lItions
6/101"10041\:34 AM
DatI!
Approved By
Lyn W(leG
Arlm:r:!stratlve S.:.rvlo:-:!i
?un:hllsillll A~I!nl
p,,,.,: hasing
<;i1u!2(i04 11 :;)5 AM
..\pproved By
O;.lte
Gw~n BtJtJ~r
Adm~n;~.t!atiVf6 SiPrvk::;;;s
St~:rr..h?J~:ng $Up~fV:$Cr
P~::'f;ha~jny
<i!Hl'2f:Q,! 11:.n AM
Approved By
Rt>)/ S. Al1dt>,.s,()n, f'.E.
Put>IiG Utilities
Fl..:L~;!. UUHties E:~glnt:'~r;~~ Dift!~tr=o!
O~t"
?~.itJH.: Vt::it:es E:":glnef)r;!~9
iiUOi:i:CC4 4:5li PM
Approved By
.J~m~-s W. 01!:Lony
Put:lic U@(i"s
?',;t,:;;; lftmtip.$ Adrr;~';'$r...-atcr
D;,tl}
?ui>::c Ut;ltt;~s Adm::;:S~:aHt)~
6J1112C04 !!:10 AM
DatI!
Approved By
P,! L"~,,,hard
CCU:1ty M;,:n~9p.:"'~ Off:cp.
Ad:ninlstr;j!jv'!! ASSf~t.:Jflt
Off;;;t:; 1>r M3rH'gp.mp'r;~ & ~J;;dgfl1:
iSillrJ.(;o~ ~:n )'l.M
Approved By
S U~CMn U~hg:,
CI.H.!!'lty M;:~cl~~t~ O"'f;t.:~
Si>l'!icr M"'''''''{l''m''nljElLldg~ All~ijlS(
Ollte
Off:cC! cf Man3g~m~nt & audg~1
6113/2004 2:.t9 PM
Oatil
Approved By
Mkl1;;<>! Sml'~ow!;kj
C<>'il1t'l M;;";;\jiir" (ltf;cO)
Man3Qemet'lt & Budgllt Dirllct:>r
Offk.e cf Mat'lagp.mp.t'lt & aU"(l"t
6/13IZ004 4;29?M
O,.tlO
Approved By
J~lH~.s V. Mu.;.1d
Be,.r;.! of C""'l1ty
Ccmm:ssicners
Cuunty MlIl1l1il"r
C'~Utlly Manager's Cfflc->
W1S!2CC412:40 PM
Date
Approved By
P~ut AAifttaut'\;~
Public i!tiHti"s,
Wat"r I'''ector
Watt,,.
6/1)/2004 A.:53 PM
Agenda Item No. 16C8
June 22, 2004
Page 3 of 3
EXECUTIVE SUMMARX
,,"'e.""'.....
Recommendation to award to Mitchell & Stark Construction Co., Inc., Bid No. 04-3671,
North County Regional Water Treatment Plant Acid Tank Replacement, in the amount
of $199,000, Project 700941.
OBJECTIVE: To avoid potential water supply disruptions to water treatment service by
improving the reliability of unit processes within the North County Regional Water
Treatment Plant (NCRWTP) to the benefit of the water rate payers.
CONSIDERATION: On June 24,2003, Agenda Item 10 H; the Board approved funding
for NCRWTP Reliability Wells and Process Improvements. Removal and replacement of
the NCRWTP acid bulk storage tank was specifically identified as a recommended in-plant
reliability project. This project will improve water system reliability that is consistent with
the 2003 Water Master Plan Update as adopted by the Board on May 25,2004 as Agenda
Item 10 D.
The North County Regional Water Treatment Plant was originally built in 1992. The
Sulfuric Acid Bulk Storage Tank is more than 10 years old. This contract is needed to
replace the acid bulk storage tank and feed system. This work includes temporary storage
and pumping systems, as needed, to maintain full water production capability.
Price proposals were received on June 9, 2004 as follows:
,..,..-.
Mitchell & Stark Construction Co., Inc. $199,000.00
NR Contractors, Inc. $199,500.00
Quality Enterprises USA, Inc. $268,125.00
Douglas N. Higgins, Inc. $278.000.00
PUED professional engineering staff prepared a pre-bid cost estimate for this project of
$200,000. PUED professional staff has determined that the Mi tchell & Stark price proposal
completely covers the scope of work and has deemed it to t,~~ the lowest priced, responsible
and responsive bid. Mitchell & Stark Construction Co., Ine, is a qualified bidder.
Allowing for the time needed for contract administration a')(l F~cject construction, this
contract must be awarded at this time for completion prior to peak season 2005 water
production.
FISCAL IMPACT: The FY04 budget, as approved by the Board on September 18,2003,
includes Funds in the amount of $199,000 for this action in Prqiect 700941, NCRWTP
.,
Reliability Wells and Process Improvements. Source of funus is User Fees (Fund 412).
GROWTH MANAGEMENT IMPACT: This project ?1:.tS nl) impact on the Growth
Management Plan.
""..........>
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer DistJict. an:ard Bid 04-3671, North
Agenda Item No. 16C9
June 22, 2004
Page 1 of 4
Executive Summary
Award Bid 04-3671
Page 2
County Regional Water Treatment Plant Acid Tank Replacement to Mitchell& Stark
Construction Co., Inc. in the amount of $199,000, and authorize the Chairman to sign the
standard County approved contract after review by the County Attorney.
..-.
Agenda Item No. 16C9
June 22, 2004
Page 2 of 4
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
EiOARD OF COUNTY COMMISSIONF.,RS
16C9
Recomm"n-iiltlcn to <lw;m! tr., ~.1rt.~r,,-:;i 8. St;;fk CC'I:;'fucti'Jn Go., Inc., Bid No.
()4.~3c.)"r1, North C::.un~y Regi::.r:r:i V"i3tBf Trcc.ltn:E":f:; P:.~:"lt AC:d Tank
R~1pra01m€nt, in th~ nr:1Gunt or $ ~ 99 ,GOD Pr'~J..1G1: 100941.
6/2212004 9:W:OO '\/,..1
Prepared By
K<lI1!!l 8. Gul;;,!,;, ?E.
P"l;li<; lJtiliti<lll'
Se}nt~r Prt:ojth:t Man~g~r
61'3120043:38:28 PM
;>,;t1"C l!tmt;<l~ 1,"gi",,,,pr;1l
Approved By
Dltt"
n..omalt Wid""
Public Ulilili...s
Op<lr3rion" j)lrectof
?ub;;c UNlt;~" Cper<liior\;;
6110:2004&:04 AM
OatQ
Approved By
Lyn V'/!l<':c.:
...'"d:'ni:"::~t;,:st.va S';';.i'Jk.,,~$
?un:h<lslllg Ag,mt
~turr.-h;,sj"g:
~!1nrl.i;O': 10.33 AM
Approved By
Dat<l
GW./;lll 6!JU~r
AJ~~;~:-:;tf3ti,,~ Servit:e~
Pw'chnr;jny SUptH",ds(.~r
PU(Ch;S!;fflog
6/i~!1:;G4 11 :07 AM
Approved By
R::>y 6, Alld~r5.;'n, F.E.
P"I;Iir; lJtiHti<l1S
?i...itJ;;.: vtmt:es E!ngin~nf;n9 Oi:'ecto(
Oat"
p.;:..:..;,,: l;mit:~::i E:r:giriP.f:ri;;9
tii~O!~O<)4 <1;5:1 ;>1\1
_.\pproved By
J~;n~~ W. O~LOHY
Public Utiljli"s
P;;b:;~ :..it;;;t:*::;. Ad..~;:;:'j~:~t0.:'
D:;JQ
~ub::c Ut;t!t;~s Adm:n:st:~th:-n
6!11:2004 ~:10 AM
Date
Approved By
P ~t Lchn hard
C0::~ty M~r:~g~r'~ Off:C:f!
Administr~1Iv': Assistant
Off;;;f; ot AA:snng~m~nf: & B;;';9~t
<S!l1r;.;;(i':~::~;M<l
Approved By
SU$oH1 U~h*!
Co.>.i!'"!t'f' M~r!~~':'r'5 Qtf;c€-
S~ntcr M~!'3~!J*m*!!t.iBurlg~ A;14:Y~~
Dat<l
Office of Manag"m"nt &. a"dg"t
i;.d3!2C04 3:35?M
Approved By
Mktj.:;.:.; Smylc.<rw.ski
C(';:.;;:.ty M.f:oY~j;):S 00;(;10
M3n3gemer.t & e:..:dg~t Dir~ctof
Dut~
Offke cf Management I> !:h,d~M
6;1~;1004 4:211 PM
Approved By
J~m~s V. Mudd
6r;;m.l cl CCUllty
C G:i::'r::5sicners:
County Ml:)IH;~g~l"
Date
GOtH'1ty M~"~g~l".s (}filet.
tiI1t.!10<)<$ n::17 i>?>1
Approved By
Dat<l
Kar: '.N. Boya:', P.::.
Public Utiliti<:!o
PrindfJi\l PO".>ja;;t Mo;:o9~:.
Fut,;;!. UW!t:~3 E::.;.)in~~r;ng
6/9:/29044:22 FM
Oat"
Approved By
P"u I MaIT""sch
p,,~;n<; i)tilitie1S
\;".j'at~r O:rlo,ctor
Y'i3tP.-f
ci$.'?C04 4; ~ 1 PM
Agenda Item No. 16C9
June 22, 2004
Page 3 of 4
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Executive Summary
Recommendation to reject the bid from Gulf Coast Construction of Naples,
Inc. for Bid # 04-3666 and to provide authorization to re-advertlse for bids
to perform renovations at the Public Utilities Operations Center, Project
Numbers 70059 and 73072.
OBJECTIVE: To obtain Board approval to reject the sole bid received for Bid #
04-3666 and to obtain authorization to re-advertise for bids to perform
renovations at the Public Utilities Operations Center,
...........-
CONSIDERATION: On June 24, 2003, the Board of County Commissioners
approved an agreement for purchase of property for a Public Utilities Operations
Center (Agenda Item 10 E). The property is improved with two industrial/oHice
buildings. Substantial renovations are necessary to accommodate the proposed
uses. Subsequently, on September 23, 2003, the Board of County
Commissioners approved a work order with Victor Latavish, Architect to provide
professional services necessary for the proposed renovations (Agenda Item 16 C
8), Upon completion of the construction plans and specifications, the project was
advertised for formal competitive bids on May 4, 2004 as Bid # 04-3666. A
mandatory pre-bid conference was conducted on May 18, 2004, at which five (5)
prospective bidders were in attendance, thereby establishing them as the only
vendors eligible to submit bids for this project. On June 3, 2004, sealed bids
were opened for Bid # 04-3666. The only bid received was from Gulf Coast
Construction of Naples, Inc. for a base bid in the amount of $2,970,738.00. The
design professional's opinion of probable construction cost is $2,500,000.00.
The staff and design professional have reviewed this bid and present the
following findings:
1. The total base bid exceeds the current available budget for this
construction.
2. A number of the eligible bidders expresseci a concern with the time to
complete construction specified in the oia Gocurnents.
3, The other eligible bidders expressed an !rt~rest to submit bids for this
project but needed additional time to prepclrt: re'1 appropriate bid.
Therefore, due to the findings described above. ti-Ie staff and design professional
cannot justify recommending a contract award based Lipon this sole bid and in an
effort to obtain more competitive bids for this pro!ed. it is recommended that the
sole bid received for Bid # 04-3666 be rejected and that authorization be
provided to re-advertise for bids to perform rerovations to the Public Utilities
Operations Center.
.-
Agenda Item No. 16C10
June 22, 2004
Page 1 of 3
FISCAL IMPACT: The total cost associated with re-advertising for bids is
estimated to be in the amount of $1,415.00. Funding for this obligation is
available in and is consistent with the FY04 Capital Budget approved by the
Board of County Commissioners on September 18, 2003. Current appropriations
are identified in the County Water Capital Projects Fund (412), Public Utilities
Operations Center-Water Distribution Project (70059) and the County Sewer
Capital Projects Fund (414), Public Utilities Operations Center-Wastewater
Collections Project (73072). The source of funds is Water and Wastewater User
Fees.
GROWTH MANAGEMENT IMPACT: This project is included in and is
consistent with the 2003 Wastewater and Water Master Plan Updates approved
by the Board of County Commissioners on May 25, 2004, Agenda Items 10 C
and 10 D respectively.
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the
governing board of the Collier County Water Sewer-District:
-
1. Reject the bid received from Gulf Coast Construction of Naples, Inc, for
Bid # 04-3666.
2. Authorize the staff to re-advertise for bids to perform renovations at the
Public Utilities Operations Center.
_.
Agenda Item No. 16C10
June 22,2004
Page 2 of 3
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
SOARO OF COUNTY COMMISSIONF.RS
16C10
Recomm"ndiltior: to fr,)ect th" !lId from Gul! Coast Construction of Naples, Ine,
for Bid #. 04-36i.l6 ;md t-.:: f:rov:de authori:::;;tit1n tc re~C1.j....'orti~~1 for bids to perfcrm
:A-nQVaticn3 at the Pl;bHc UtHitiBs Opa,ratiol1s Genter, Prc:jel:t Nun,berf; 70059
and 73072.
6:2212C04 1:G'f.:.Oa AM
Prepared By
Harry Hu~r
Public lJtilltle5
Se}nic-r Pf~je}~t M~nager
6fS!2(1)4 1:10:48 PM
;>ub;;~ Utmtles Engil)l>I,ri"l1
fhomas Wide",
E)lft"
Approved By
P"l;lic Utiliti"ll
Opafatb"", l)lfactor
;>u:,,;:c Utmt;,,~ Op..rati,'m~
6110t1004 8:0;; AU
Approved By
Ly"Woco
Adrr::n:stratlvt' S.:.rv~o!:.!I;
Oat"
;>un:hasill~ Ag"nt
;>urchas;n9
l;IHlI20()4 ~:()1 AM
Approved By
Oata
(<W<1n iiutJ"r
Adm;r:;~t!'3ti.,!!. Se~:~es
Pt:n;hi'J~;nlJ $UP(HY:~C:'
.\pproved By
Pl:!'(,;hij~lng
6.i1\:l!2:ja~ 9:26 AM
Rt>y S. Alld"r~"'n, f>.E.
i'"bli" Utiliti"",
Fl:b;:~ UWif.:e1i. E:1gin~~r;~9 DircctCo!'
0..1>>
;>1;0;1";; lltiiit;l!~ En'JirJ""r;roij
(ii11fto04 9;lJ!i AM
Approved By
JcHHe~ V.J. O-eL~,Hi)(
Put:lic UiillU"s
p;;~:;;,; lit:1:t:~~ Ad;;:;;;:~t:(lt~!
n~ta
?:.:il::c Ut;!;t;!!~ A<frr:::::~t:C1th;..n
6i11,'2004 ~:.;;) AM
03te
Approved By
P .~t Lchnh3rd
Cc~:r:ty M~:":::':9~:-'~ Off:c::p.
Administr,:;tlv., Assistant
Off;c~ r;f MiJl1:::}lJ~m~fH & B.;dg(:!t
<>11 lr..WU'- 10.% AM
Approved By
Su~a'l U>I!.",r
Cl>U!'lty M~rh~~~!'f. Off!R:~
Sent~'( M;,n;,~,*m*~t!Burlget A:~~:Y!';t
Oata
omc" cf Manag"m"nt & audg>>i
611312Q04 ~:41 PM
Approved By
Mlch,:;.,; Smy!<:ailiiski
(;1)';'11'1 ~"r;"Il""'''' Off:""
Man3gemC:lnt & e:ldg"t Dimc!:>r
Oat"
Dffk-... d MIlMgamllnt I> I!lt:d'J1lt
tii1,tfZ004 t!l:~! ~M
Approved By
J..n"'ll V. Mudd
Br;"rJ cl CQunt)
Cnmmh'tsinnar'S
Count) Malla>J"f
0"<<-
C.:'unt'l Mana'Oler's Cfflo.:.
lli1:.!:l:004 12;37 PM
Oata
Approved By
W,::i"H1 D. Mullin, PF.
Public Utiljtj""
Prlllc;plol ;>rt>j..;;t M..n"ll'"
P!..!!J;;~ UW:t:es Engin~~r:~g
611)/29048:55 AM
Agenda Item No. l6C 1 0
June 22, 2004
Page 3 of 3
EXECUTIVE SUMMARY
Recommendation to amend work order CDM-FT-04-07 for engineering services related
to adding one new public water supply well (Well 34) to the Tamiami Wellfield at a cost
amount not to exceed $214,162; Project 70158
OBJECTIVE: To increase the reliability of the existing Tamiami Wellfield by adding one
new well.
CONSIDERATIONS: The intent is to add a new well (Well 34) in time to help meet
demand during next peak season. The proposed amendment is for follow-on services to
complete the engineering portion of the project including final design, final permitting,
surveying, services during procurement of construction services, construction contract
administration, and detailed observation during construction.
The proposed scope of work is consistent with the 2003 Update to the Water Master Plan as
adopted by the Board on May 25,2004 as Agenda Item 10 D because amending this work
order will further the process to replace one Tamiami well per year to increase system
reliability. No replacement wells were constructed in FY 03. One well is currently in the
process of being designed and permitted for replacement in FY 04. However, another
replacement well is needed in FY 04 to maintain the well replacement schedule identified in
the 2002 Water Master Plan Update.
The proposed site for Well 34 is a VB -acre lot located at the northwest comer of Wilson
Boulevard and 14th Avenue NW. On March 9, 2004, Agenda Item 16 C 3, the Board
approved the purchase of the 2. 81-acre lot for well sites lilJ "tandby generator and control
facilities at a total cost not to exceed $79,735,
The need for additional water supply wells remains critlcal to maintaining a reliable public
watcr supply. To expcdite thc start of the project, staff administratively approved Work
Order CDM-FT-04-07 and issued Purchase Order 450(l~\16143 to Camp Dresser & McKee,
Inc. (COM) on March 22, 2004 in the amount of $22,949 for the initial scope of work. The
scope of the initial work order was limited to preliminary design and permitting.
The original work order included an engineering evaluuli0l, ~0 provide emergency stand-by
power to four wells: Well 34 (proposed), Wells 31 and 32 (c:':.lstmg), and a fourth Tamiami
well (future). The evaluation will examine the cost awl kndi if relocating the existing
above-ground, open-air electrical meter, cabinets, and tclcmciry equipment from Wells 31
and 32 to an encloscd new Well house at proposed Well 34. Pending the results of the
evaluation, the proposed amendment includes additionai electrical engineering services in the
event that the County elects to provide a stand-by power g~rwration facility at the site of Well
34.
.-
An estimate of the proposed fees by task is summarized in the attached Amendment 1 Work
Order. The scope of work is consistent with the intent uf th~ Fixed-Term Utility Engineering
Services Contract pursuant to RFP 00-3119. Staff has determined the fees to be fair and
reasonable given the level of complexity and order of magniluJe of this project.
Agenda Item No. 16C11
June 22, 2004
Page 1 of 12
Executive Summary
Amend Work Order CDM-FT-04-07
Page 2
The fees for providing a functional well at the site for Well 34 are approximately the same as
the fees of a comparable work order, CDM-FT-03-02, to add new Well 33. In accordance
with the American Society of Civil Engineers Manual of Practice No. 45, the typical total
engineering fee for projects with a construction cost of $500,000 is between 16 and 24
percent of construction cost for new construction. The total proposed fee excluding non-
typical services for consolidating the electrical/instrument control system for Wells 31, 32,
and 34, represents 33 percent of the estimated construction cost. The proposed fee results in
a ratio that is greater than the referenced guideline. Engineering costs are high compared to
the construction cost because the work requires a substantial effort by hydrogeology
specialists combined with the relatively low cost of constructing Tamiami wells.
The proposed method of compensation will be lump sum for a portion of the design, and for
all construction bid and construction administration services. All other services shall be
provided based on time and reimbursable expenses with an upper limit cost-not-to-exceed,
The proposed compensation method is appropriate given the potential need to adjust
quantities and be flexible to adapt to changing or unforeseen conditions.
A copy of a proposed Contract Modification Checklist Form is attached.
FISCAL IMPACT: Funds in the amount of $214,162 are available for this project. The
intent of the proposed work is consistent with the Waler Capital Budget funds budgeted for
FY 04 for Project 70158, Lower Tamiami Well Replacement Program, as approved by the
Board on September 18, 2003. Source of funds is Water User Fees (412).
GROWTH MANAGEMENT IMPACT: There is no impact on growth management
related to this project.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District, approve and authorize the
Public Utilities Engineering Director to execute Amendment 1 to Work Order CDM-FT-04-
07 related to the Lower Tamiarni Well Replacement Program, up to an amount not-to-exceed
$214,162 for Project 70158, pending County Attorney approval as to form and legal
suftlciency.
-....
Agenda Item No. 16C11
June 22, 2004
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
l1em Number
':6G11
Item Summary
Recommendr)~ior: !O <lrn~1nd \.,,"on, Of.:isr CDM-Fr..i,J4...Gl fGr f:ng:ncr:ring sr:rv':c0s
f0:ated ~o (j..""id::1g oJr-e n~1V''' put-!ir. VY"ii!f~r supply VI/€:: (V~leU ~~4) tr: the T.-3n1iami
V..'e:!fie!d at a ':).?st an10lJnt not to Gxc.ef~d $214, '1 i3~:; Project "0'158
Meeting Date
t~/2/./2tXJ4 ~l:OO'OO A~I:
Prepared By
Karl W. B"yer, P.!:.
Principal Project Manaller
6i10;20043:43:36
PM
Public lltil!tir;r;
P,lhi:c Utm!i"!S El'lgipll",riny
Approved By
Thcmll!S Wid",,.
Opllraiionr; Qir;;dor
Oatll
Publi;; LJtiliiie,;
P:JbHC Utn:~itl$ Ope!'a:.h~~lfj
5111i1004 5::4 AM
Approved By
Roy g, AmJIl:',;"n, P .E.
F!sbHc UtiH:.i~$ Engh~p.~ring Oir"=l<;tor
Oatw
P~bljc Utilities
P:Jb;;;:: :Jti;;~ies En~ir:~})f;r.g
!i;~ ~ i2(j(j4 :; :2~ AM
Approved By
Lyn Weod
f'ufch3Sin\i A\iJ)l1t
Date
Adrninl~tt.=JtbJ~ S~rv~,~~~
P:"lrf";h;j~::lg
5f: ,i:N04 3:57 AM
Approved By
..-:...."'n 8utl'H
?;.lrch;j>5:i'9 S:'lr-~:"....':~..:)r
Oat"
Acm!nl!itratlv<3 Sar",lc<3s
;:>urchasll1g
u111iZOG49:07 AM
Approved By
P~"i Matt.:;usch
W.:;ter Oir~ctcr
Data
Pubtic UtiHties
W~tF)r
t;~~i2(j(j4 9:J$ AM
Apprond By
James W. OaL.;:my
P~bH;:: uti;;ties t\dm:ni5tr~tor
Date
Pu~,lic Utljjt:~40
Pub1:!; UU::!iQS p.drr::ni~t!a;,k~:"f
1;1,,120049:43 AM
Approved By
Pat l"hnll<\~d
A~i:':'lin:s:l".~tivll A""i":Cll1t
Oclt*
CeUl:ty Manag;:,r's Office
Office !If Manag<3ment & Sl:di;j;:,t
u/11iZOG410:39 AM
Approved By
Susan Usher
$;:'!1ior Manageme!1tiBudget Al:.:;IY!it
Date
C(;:"Ir,:ty MnnaSf::"'$ Off1c~
Off:(;~ of M~:'ag*rn?ni & Bl;dgp.t
iii~3i2EH14 4:IH PM
Approved By
MichMl Smyko,""""ld
Man3!)1lH'Il'1t & B";.iset Qir<;.;,'tM
0;;(",
C",m:y M,\n.~gll"s OfficQ
Office of Mil!lallllmerlt 9. Bl:dgll:
I;lni2il04 4:33 PM
Approved By
Jarr:lls V. Mudd
C"n~nty M~'l~~~.g~r
Oc1.t~
Soard et Count'!
CO'l1 l'l': 1"" iO""l"l;
Co>unt}' Mar':~1i<<r's Offi.:~
l;il!;i2004 5:50 ?~..
Agenda Item No. 16C 11
June 22, 2004
Page 3 of 12
Amendment 1 to Work Order CDM-FT-04-07
Golden Gate Wellfield Reliability Improvements Well 34
May 26, 2004
AMENDED SCOPE OF ENGL'IEERING SERVICES
INTRODUCTION
The Golden Gate wellfield consists of 31 production wells tapping the Lower Tamiarni Aquifer in the
Golden Gate Estates area. The wellfield is the source of raw water for softening treatment at the North
County Regional Water Treaunent Plant (NCRWTP) and South County Regional Water Treatment Plant
(SCRWTP). Avenlge and maximum daily withdnlwal amounts of 18.82 MGD and 31.77 MGD.
respectively, are authorized from this source under South Florida Water Management District (SFWMD)
water use permit 11-00249- W. The design and permitting for the installation of one new production well
33 to increase the reliability of the wellfield is currently underway.
Since the original work order for well 33 was issued, the County requested additional services related to
proceeding with design permitting and construction of m additional reliability improvement Well 34
located at 14th Avenue NW & Wilson Blvd. A letter mcxlilication of the SFW.ivID water use permit will
be required to authorize installation of the additional well. The new well 34 would be tied into existing
transmission piping near well 32. It is assumed that the \\ ell will be constructed on property currently
owned or being acquired by the County.
It is proposed that the construction contract will be negotl:lted 3...'1d awarded to one or several contractors
with an on-going services contract with the County to exoedite the project and reduce costs. Design
elements will be the same as to those used for the Golden Gate Well 33 project. Certain design aspects
will be changed or alternatives considered based on inru from the County engineering and operations
staff. Proper siting of the well with consideration given to the existing facilities and appropriate set backs
will he an essential task.
In order to expedite the construction of Well 34. the County authorized the Consultant to proceed with
preliminary design and surveying services. In order III -.:,mplcte the construction of the facility the
consultant needs authorization of final design and conslrw;tiun services. This Amendment 1 includes all
those services necessary to complete the design and L'unsuuction.
A. PROCUREMENT, DESIGN AND PERMITTI>, G
A.2 Final Design
The Consultant will prepare drawings for construction vi' the new facilities. The Consultant will design
up 1800 feet of transmission piping for the proposed reliability well 34 project. Proper siting of the well
and associated facilities on the property will be critical to the success of the project. The transmission
main pipe will be PVC and will be provided with isolation \;llV~S as required. The services of a
geotechnical subconsultant, as appropriate, to design the transmission main, are included. The Consultant
will obtain the services of a professional land surveyor to provide topographic and horizontal control
surveys of the proposed well site, tree survey, and transmission main alignment. A site plan and a legal
description for a County utility, access, and maintenance easement on the property will be developed
based on the site development plan survey information.
Page I of I
Agenda Item No. 16C11
June 22, 2004
Page 4 of 12
Collier County Golden Gate Well field
Reliability Improvements Well 34
March 3, 2004
CDM Missimer
A well house will be designed in similar configuration and architectural style to the Well 33 design with
improvements made as necessary. The control system concept and supervisory control and data
acquisition system for the new well interface requirements will likely be similar to those used for Well 33.
The electric utility service requirements for the well will be developed based on the selected submersible
pump motor horsepower and voltage requirements. Coordination with FPL will be provided to evaluate
potential phase imbalance problems. Base design for auxiliary power would include provision for
connection to a portable generator only.
Electrical and I&C Consolidation
The cost/benefit analysis will provide a recommendation for primary and auxiliary power feed as well as
instrumentation and controls to well site 34 and well sites 31 and 32. The additional cost for this design is
in addition to what is included in the base design for power and controls for well 34 only. The site could
be developed to include an auxiliary generator facility and associated power distribution and control
facilities for Wells 31, 32, 34, and potentially one additional well site. The design shall include noise
attenuation to meet the County noise standard for non-emergency operation of the generator. If
implemented, the design effort" for electrical and I & C consolidation shall not delay the construction of
well 34. Completion of the well for potential use shall be considered a priority interim milestone with the
addition of the consolidated auxiliary power supply as a secondary priority.
Design drawings and specifications will be prepared for submittal at the completion level. Up to two
design review workshops will be held with County staff.
Design Drawings - Detailed design will consist of preparation of general, civil, mechanical, electrical,
piping and structuml drawings, and instrumentation and control drawings. Standard details will also be
prepared. Construction drawings will be prepared using AutoCAD format.
Technical Specifications - The technical specifications used for the previous GG Wellfield Reliability
Improvements project will be used as the basis for the technical specifications for the project.
Manufacturer and suppliers will generally be the same as those used for the previous wellfield reliability
improvements project except where equipment improvements are specitied.
Design Progress Submittals - Construction drawings and specifications will be produced and submitted
for County final review at the completion level. The drawings will be provided on bound II x 17-inch
sheets. The fmal design submittal will be defined as a set of drawings and specifications that is complete
and constructible, but subject to final comment from FDEP and the County,
Final Plan Preparation - The final design, 100 percent complete document.., will incorporate comment"
from the County and FDEP. The final design documents will be prepared consistent with County
proposal procurement using multiple vendors on fixed term contracts and will consist of the standard
County contract work order requirements, technical specifications, and engineering drawings. The final
design documents will incorporate designs for the production well, submersible pump. and related
well field facilities.
Permitting and Agency Coordination - This task will establish the permitting requirements for the
proposed wellfield improvements and where appropriaLe, iniLiate the permit applicaLion process.
Construction permit applications or modification applications will be prepared and submitted to the
following ageneies on behalf of the County.
Consultant will prepare all documentation necessary to obtain the following pennits:
radB0617 Imp6l1 012004
Page 2 of 6
Agenda Item No. 16C11
June 22, 2004
Page-.6 of 12
Collier County Golden Gate Well field
Reliability Improvements Well 34
March 3, 2004
CDM Missimer
9 Florida Department of Environmental Protection (Construction Permit)
9 South Rorida Water Management District Environmental Resource Permit
9 South Rorida Water Management District (Water Use Permit Modification)
9 County Site Development Plan
Consultant will assist the contractor(s) with obtaining the following permits:
9 Collier County Building Department
9 Well Construction Site Inspection
Consultant will prepare and submiL applications [or the COUnLy LO obtain local permits, including a
landscape and irrigation plan, site clearing plan/vegetation inventory, and SOP, as well as the SFWMD
Environmental Resource Permit. The County will pay all permit application fees. One response for
additional requests for information will bc provided during the permitting process. In addition, it is
assumed that one meeting with each applicable state regulatory agency will be required to resolve
permitting issues. The permitting breakdown of activities is as follows:
A.2.1 General Permitting Services
During the course of permitting, design, and construction. Consultant shall provide general
consultation to the County including anendance at tht: SDP pre-application meeting.
A.2.2 S~1D ERP General Permit
Consultant will prepare and submit applications for the County to obtain a SFWMD ERP permit.
A.2.3 Facility/Site Planning Services
Consultant shall research and review other pertinent pen-nits and calculations applicable to this
project, such a~ the existing SOP.
Consultant shall coordinate between Landscaping <..LI1U 21<..LIllling design consultants for facility
planning and coordination.
Consultant shall review pem1ined surface water management hydraulic calculations and/or flood
routing calculations in relationship to site plan.
A.2A Final Design and Permit Application Services
Site Development Plans
Assist the County in the SOP permitting proce!\s by r:E'l::~ri;;g complete SOP permit application
forms (two required).
Complete and provide the following:
SOP plans showing information required tly Co!!'er County.
Landscape plans based on the use of native vegelatiDr;, Although Collier County requires
in the installation of an irrigation system, it is assumed that requiring the site contractor to
irrigate the code required landscaping dunng construction will establish the native
vegetation to a point not requiring irrigation.
Conduct a field investigation and prepare vegetation mapping using the Rorida Land
Use, Covcr and Forms Classification System (FLUCCS) and preliminary wctlands
mapping for the site based on existing inform3tion, aerial photo interpretation, and
limited site observations. Determine the ::pproxi.ln:e extent of vegetation associations
Agenda Item No. 16C11
June 22, 2004
rarlB0617l~6I1012004 Page 3 of 6 Pa~ of 12
Collier County Golden Gate Wellfield
Reliability Improvements Well 34
March 3, 2004
CDM Missimer
constituting "native vegetation" to assist site planning activities related to Collier County
Native vegetation preservation requirements, Prepare a letter report outlining the results
of the investigation..
Prepare Collier County right-of-way permiL applications for driveway access LO wells and
the pipeline crossing for 7th street SW.
Assemble required number of copies required for review by Collier County Development
Services Department
A.2.5 Permit Application Support Services
Provide permitting support services for the Collier County SDP, SFWMD ERP, and Collier
County Right-of Way permit applications. This scope of service assumes up to one response for
additional information for each application.
B. CONSTRUCTION BID SERVICES
It is proposed that the work will be accomplished by a contractor or contractors who have an on-going
services contract with the County. The Consultant would be working with a generalJ underground utility,
well drilling, instrumentation and controls, and electrical contractors for the construction. Bid Packages
will be required to obtain competitive quotes from Contractors already under contract with the County.
Discussions and negotiations with the contractors will be conducted to go over the work scope, confirm
prices, and determine a project schedule. Formal bidding of the project will not be required.
C. CONSTRUCTION ADMINISTRATION SERVICES
It is the County intent to construct well 34 by one or more contractors. The Consultant will endeavor to
provide services during construction accordingly. Construction administration services to be provided
for the construction of the additional well consist of preconstruction and progress meetings, shop drawing
review, inspections, and the following:
Should the County elect to consolidate the electrical and I&C for Wells 3 I, 32, and 34, all at the Well 34
site, the costs for the construction administration services are work are set forth as separate from the work
for the base well construction administration services. The construction administration services for the
electrical and I&C consolidation for Wells 31, 32, and 34, at the Well 34 site shall not be completed until
it has been approved by the County's project manager in writing in advance of performance.
Review Pay Requests - The Consultant's representative will note actual quantities of materials used in
the well construction, depths drilled, well development time utilized, etc. Contractor requests for
payment will be reviewed to verify the requests are consistent with the amount of work accomplished.
Issue Interpretations - Consultant will issue necessary interpretations and clarifications of the
construction contract docwnents, in writing, and prepare change orders as required. Consultant will
interpret the requirement'l of the construction contract documents, evaluate the work performed
thereunder, and make recommendations on any claims by the Contractor.
Report - Consultant will prepare a report docun1enting the well construction activities, well construction
details, water quality, and well performance.
radB();17 tmp6l1 012004
Page 4 of 6
Agenda Item No. 16C11
June 22, 2004
Page'<17 of 12
Collier County Golden Gate Wellfield
Reliability Improvements Well 34
March 3, 2004
COM Missimer
Certificate of Completion - Consultant will prepare a certificate of completion for the new well and raw
water transmission facilities. Record drawings of the new facilities will be prepared.
Operation and Maintenance Training - The Consultant will provide training for the operations and
maintenance staff on use of the expanded facilities, The Consultant will assist Collier County in an
assessment of the training requirements of the personnel and coordinate the training requirements with the
applicable regulatory requirements. The training will complement and be coordinated with training to be
provided by equipment vendors.
Start-Up Services - The Consultant will conduct systems checkout, including troubleshooting of
equipment and instrumentation installed as part of the project. Consultant will provide on-site advice and
troubleshooting throughout the start-up,
Once the new well and associated facilities are fully operational, the Consultant will assist County staff
with operation fine-tuning. All contract documents including record drawings and computer disks will be
catalogued and delivered to the County.
D. OBSERVATlO:\l OF CONSTRUCTION
Provide on-site observation of well construction activities by one or more representatives as authorized
amI approved by the County. Consultant will provide construction observation services during the
construction and testing of the production well and during installation and testing of the submersible well
pump. These services consist of daily observation of construction activities, collection and analysis of
drill cuttings and water samples, testing, and certification of construction. The Consultant will submit
FDEP certificates of completion as necessary. The Consultant's on-site representative shall prepare and
submit weekly progress reports to the County during construction. The weekly progress reports shall
include project status. contractor manpower, materials and equipment received, work performed,
problems encountered and rectification, and weather conditions. The Consultant will also provide on-site
full time construction observation services during pipe bedding, laying, backfill, testing, flushing, and
connections of the new transmission main and for installation of the well house and
electrical/instrumentation appurtenances,
E. ADDITIONAL SERVICES
The Consultant will provide additional services at costs agreed upon by the County and Consultant and as
authorized by the County, which may arise during the course of or following the design, construction and
start-up of the additional well and transmission main. Engineering design and construction administration
services can he provided under this item. Compensation to the Consultant for performance of Additional
Services as well as the specific services to be performed and time of completion shall be approved by the
County's project manager in writing in advance of performance of said Additional Services. Out of scope
services must be identified by the Consultant prior to the performance of the work. Failure to notify the
County in writing of out of sco~ services shall be deemed a waiver of any claim by Consultant thar such
services were out of scope services. Additional written authorization from the County will be required for
any charges that exceed the predetermined upper limit.
F. GENERAL ASSUMPTIONS
Work described in the scope of services is based upon the assumptions listed below:
radB0617 ImPS '1012004
Page 5 of 6
Agenda Item No. 16C11
June 22, 2004
Pag&-18 of 12
Collier County Golden Gate Wellfield
Reliability Improvements Well 34
March 3, 2004
CDM Missimer
1. County will provide Consultant available record drawings of all facilities, which will serve as the
preliminary basis for design in this project. Record drawing mark-ups will be prepared by the
Contractor and submitted to the Consultant for review.
2. Construction project will be conducted as a work order on an existing on-going services contract
with contractors who have worked for the County previously.
3. The County will perform acqu: sition of necessary easements (including temporary construction
easements).
4. The County will pay all pennit application fees.
5. County will provide comments on all draft deliverables within two weeks, unless another
deadline is agreed upon.
6. The proposed proouction well location and pipeline route for the project are assumed to be free of
environmental contamination.
7. The SFWMD will approve the requested permit modification for 1 additional production well and
the well site is located on property owned or controlled by the County.
G. SCHEDULE OF COMPLETION
The Consultant will complete the design of the project as described in Task A twelve (12) weeks from the
date of the notice to proceed. The completed design documents will be complete to the level acceptable
for construction.
H. COMPENSATION
The Consultant will be compensated $60,556 for the work performed under Tasks A.2, Task A.2.3, and
Task B through C on a Lump Sum basis. Subtask A.2.1, A.2.2, A.2A, A.2.5, and Task D (Construction
Observation) will be provided on a time and materials basis for a cost not to exceed $118,318 without
further approval from the County. An allowance of $10,000 is suggested for Task E (Additional
Services),
Task Description Fee Compensation Type
Task A.2 Final Design and Suh-Task A.2.1 Facility $28,490 lump sum
Site Planning Services
Sub- Tasks A.2.1, A.2.2, A.2.4, A.2.5, for Permitting $55,758 time and materials
Task A.2 Elt:ctrical and l&C Cunsolidatiun $44,094 time and materials
Task B Construction Bid Services $2,988 lump sum
Task C Construction Administration $29,078 lump sum
Task C Construction Administration - Electrical $25,288 lump sum
and I&C Consolidation
Task D Con~truction Observation $18,466 time and materials
Task E Additional Services $10,000 time and materials
Total $214,162
radB();17 tmp6l1012004
Page 6 of 6
Agenda Item No. 16C11
June 22, 2004
Pa~ of 12
~
't::..
RE: Contract:
Thursday, June 10,2004 To Steve: 6/10
Kelse}' fOT Steve
To. BODIne:
BCC Report:NA
R&QVf.Itr&IICC APPROVAl.,
00-3119 Jr
Utility Engineering
Add Tamiami Well 34
Date:
Project:
Project Number:
701581
Change Order
No.1
Work Order Number
CDM-FT -04-07
Contractor/Consultant:
Camp Dresser McKee, Inc.
Change OrderlW ork Order Amount: $214,162
Last BCC Approved Amount
$22,949
Revised Agreement Amount
$237,111
Percentage IncreaselDecrease
933%
Overview of Change: The initial work order was issued, the need for additional water supply
wells was critical, The project was expedited on March 22, 2004 to begin the work, the initial
work order covered costs for preliminary design and permitting only. This amendment is for
follow-on work to complete the project including furnish final design, complete permitting, assist
with construction procurement and provide senices during construction,
Steve's Acknowledgement: ~~td.-
Scanned Date:
Date:
~/;()ky
.
Data Entry Information:
Type of Change: Change to a Work Order
Project Manager: Karl Boyer
Department: PUED
~~.'~ftfa~~W .~~~~s
.~. _ .~_. d"^,'.. ... ~~d
l'l"EJW~f.:~twrnfFULL y SIGNED PAPERWORK.)IPf~S
O-~..,.;" ^ .'. ..".', ,.
TOM l'UU7W',:",;' ., ,.... .'" ...
Agenda Item No. 16C11
June 22, 2004
Page 10 of 12
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Add Tamiaml Well 34 PROJECT #: 701581
BIDIRFP#: 00-3119 MOD#:1 AMOUNT OF THIS CHANGE $214,162
PO #: 4500023968 Work Order #:CDM-FT-04-07 Amendment 1
CONTRACT AMOUNT: ORIGINAL $22,949 CURRENT $ 237,111
(STARTING POINT) (1NCLUDING THS CHANGE ORDER)
Last Bee Approved Amount $ OrlAinal Amount of $22.949 was admlnlstrativelv-approved
(LAST TOTAL AMT. REQUIRING Bee APPROVAL)
Date of Last BeC Approval NI A
Agenda Item N/A
Percentage of the change over/under current contract amount 933 %
Formula: (Current Amount / Last BCe approved amount)-l
Results and Actions: It the change exceeds 10% BCC approval is required; under 10% reported to BCC
on Purchasing report.
CURRENT COMPLETION DATE (S):
ORIGINAL: 6 weeks from NTP
CURRENT: Add 28 weeks from NTP for Amendment 1 Work
SUMMARY OF PROPOSED CHANGE (S): At the time the Initial work order was Issued, the need for
additional water supply wells was critical. To expedite the start of the project, Purchase Order
4500026143 was issued 3/22/04 In the amount of $22,949 for the initial work order. The initial work
order consisted of preliminary design and permitting. Proposed amendment is for follow-on work to
complete the project including furnish final design, complete the permitting, assist with construction
procurement, and provide services during construction.
JUSTIFICATION FOR CHANGE (5): To complete the work already underway.
PARTIES CONTACTED REGARDING THE CHANGE: Jim DeLony, Roy Anderson, Paul Mattausch,
Lyn Wood, Unda Jackson, Hans Russell
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N1A)
_x_ Proposed change is consistent with the scope of the eXIsting agreement
_x_ Proposed change is in fact an addition or deletion to the existing scope
_x_ Change is being implemented in a manner consistent with the existing agreement
_x_ The appropriate parties have been consulted regarding the change
_x_ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION:
APPROVE: Kan W. Bover. PUED Principal Proiect Manaaer Date: 06/09/2004
DISAPPROVE: Date:
COMMENTS:
Revised 8/22/03
Agenda Item No. 16C11
June 22, 2004
Page 11 of 12
AMENDMENT 1 WORK ORDER #CDM.FT-04-07
Agreement for Fixed Term Utilities Engineering Services
Contrad #00-3119 Dated April 10, 2001
This Work Order is for professional engineerin&: services for work known as:
Project: GoldeD Gate WelUleld Reliability Improvements - Additio.al Prod actio. Well 34
The work is specified in the proposal dated May 26, 2004, 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 HCDM-04-07 is assigned to Camp, Drener, &. McKee, Inc.
SC:ODe of Work: Provide preliminary design services associated with the installation of second well no. H in tbe
Golden Gate wcllficld for wellfield reli~bility improvements, to include preliminary design of the proposed
additional infrastru_ture improvements, whkh includes evaluation of primary and auxiliary power and controls.
Provide servicu associated with final desllD aud instaliatloD of Well 34 I. the Golden Gate weltrleld
for wellfield reliability improvements, to iDclude permilting willi the applicable goverameat
agencies, flDal GuilD aad electrical cORsolidatioll ror tbc proposcd addltloaal larrastructure
improvements, bid .ervlces, eonstructlon admlDistratloD services, cORstr.cUoD observatlo8 services,
aad additional services that may arise darlRI tbe coarse of tbe project. Prnidl additlonl unie.. ror
W~II 34 for addltlnal per.lttlag requlre...t. IdntlClld II part of tile "ork do.. ror Well JJ. Tile
permitting urviceI are for tile C.III.r CDa.t,. Sit. Develop...t Plu, RII"t af Wa,. Per.It, and. SFWMD
Eaviron.enul Resoarce per.it.
Scbedule of Work: Complete worlc within 28 wuks from receipt of the Notice to Proceed authorizing
starl uf work..
Comoensation: In accordance with Article Five of tbe Agreement. the County will compensate the Firm in
accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is
time and material, so indicate and use the established hourly ratees) as enumerated in Schedule "A" of the
Agreement).
Services Original Proposed Amuded Compensation
Fee Total Fee
Task A, 1 Preliminar). Design and Outside 522,949 lump sum
l'roCessionals I
Task A.2 Flul Dulg" end Sub-Tuk A.2.J 528,490 528,490 lamp sum
Facilitv Site Pla.ninlO Services
Sub-Tasks A.2.1, A.2"Z, A.2,4, A.2.5, for 555,758 555,758 time and mateelaIl
PermittiD.. -....-.-------
Task A.2 EIe~trlcal nd l&.C 544,094 544,094 time and materials
CODSolldation
Task B ConstractioR Bid Senic.. 52,988 52,988 11I.p sum
Task C Coutraotlon AdBllnlstratlo. S29,078 529,078 lamp Slim
Task. C Coutr..,tioD AdBllalstn.lOA - 525,288 , 525,288 IlImp sum
Electrical end I&C Consolidation
, Task D CODstractlon Observatioa SI8,466 $18,466 time and materials
I Task E Additioaal Serviltl SIO.OOO nO.ODD time llnd mille rials
Total $22,949 5214,161 i 5237,111
An)' change within monetary authority of this Work Order made subsequent to final department approval
will be considered an additional service alld charged according 10 :.r.nedule ~A" of the Agreement.
PREPARED BY:
Karl W. Boyer. F.E., PUED Principal Project M~n~ger Dato
APPROVED BY:
Stcphcn Y. Carnell, Purchasing Director Dnte
AUTHORIZED BY:
Paul Mattauscb, Water Director Date
APPROVED BY:
Roy R. Anderson, P,E.. Utilities Enginee';"3 f):r....,r Date
Approved as to Form and
Legal Suftlciency:
ACCEPTED BY:
Assistant County Attorney
/;./,C.}".a,
Dllte:...7"""~'- -_.-_.-
~~ \ .
By: d-.....~,_.. A. ~' .~
Thoma;! :-..1. S,jissimer. IltE1Jii No. 16C11
Camp ~resser & McKee, Inc. June 22, 2004
Page 12 of 12
w;tl.lIz_ i:LJ
Q{~ 1~~
Fund'
cc:
G/L Account:
Project Number:
EXECUTIVE SUMMARY
Recommendation to approve funding, and approve Work Order HS-FT -04-03 up to an
amount not to exceed $741,220, Project 710111, NCRWTP New Mid Hawthorn
Wellfield, for engineering services for eight (8) additional water supply wells serving the
North County Regional Water Treatment Plant on sites that are on, or adjacent to,
existing well sites.
OBJECTIVE: To increase the reliability of the existing North County Regional Water
Treatment Plant reverse osmosis (RO) water supply wellfield by providing additional water
supply wells to existing well sites.
CONSIDERATIONS: The intent is to add new well water supply wells in time to help
meet demand during ncxt peak season. This will bc accomplished by fast tracking the design
and installation of new wells on existing well sites located immediately adjacent to the
existing raw water transmission main. In combination with this proposed amendment for
engineering services, staff proposes to procure the services of construction contractors by
executing work orders under fixed-term contracts for the various trades and disciplines
required to complete the work.
",,,--,
The intent of the proposed work order is consistent with the 2003 Water Master Plan Update
adopted by the Board on May 25, 2004, Agenda Item 10 D. This work order will further the
process to enhance water supply reliability given the continuing trend of declining quality
and quantity from the existing Lower Hawthorn wells. The 2003 Wal>ter Master Plan Update
identifies this project for completion at a later date. However, changed conditions since the
MasterPlan Cpdate have necessitated an adjustment to the timing to execute Project 710111,
including:
. continuing delays in the start-up of the SCRWTP 8-MGD RO Expansion
. delays in moving forward on new fast-track Lower Hawthorn wells because of
environmental resource permitting issues
. the recent decline in yield from the existing Lower-Hawthorn Wells to flow rates
substantially below those used as the basis of the Master Plan.
The proposed scope of work is to add up to eight (8) new wells based on the number of
readily available well sites. The proposed sites are the existing 17 well sites along Vanderbilt
Beach Road Extension east of Collier Boulevard. Sites are readily available adjacent to
existing wells ROIN, R02N, R08N, and ROI3-17N. Easements would need to be acquired
before there will be adequate land area to place new wells at the remaining existing sites.
Professional engineering services on this project are to be provided by Hazen & Sawyer, P.e.
(Consultant) under a proposed Work Order. The proposed scope of work is to provide
additional wells including preliminary design, permitting, final design, surveying, assistance
with easement acquisition, services during procurement of construction services, construction
contract administration, and detailed observation during construction.
-
Agenda Item No. 16C12
June 22,2004
Page 1 of 24
Executive Summary
Work Order HS-FT-04-03
Page 2
An estimate of the proposed fees is summarized by task in the attached table. The scope of
work is consistent with the intent of the Fixed-Term Utility Engineering Services Contract
pursuant to RFP 00-3119.
In accordance with the American Society of Civil Engineers Manual of Practice No. 45, the
typical total engineering fee for projects with a construction cost of $5,400,000 is between
11.5 and 12.5 percent of new construction costs. Based on the rough construction cost
estimate of $5,4000,000 for eight (8) wells, the proposed total fee for engineering services is
13.7 percent of construction. Engineering costs compared to construction cost are higher than
the guidelines because the work requires a substantial effort by hydrogeology specialists.
Staff negotiated fees and determined that the fees are fair and reasonable given the level of
complexity and magnitude of this project.
The proposed method of compensation will be time and reimbursable expenses with an upper
limit cost-not-to-exceed for all design, permitting. construction procurement, construction
administration and detailed observation, and additional services, The proposed compensation
method is appropriate because this project must adhere to an accelerated, yet achievable
schedule to have additional water supply capacity available for peak season 2005.
FISCAL IMPACT: Funds are available in the FY04 Budget in the amount of $500,336. A
budget amendment is needed to transfer funds in the amount of $5,671,000 from "Reserves
for Capital Outlay" to Project 710111. Funds a,re needed in the amounts of $241,000 for
engineering, $30,000 for real estate services, and $5,400,000 for construction and equipment
for eight additional wells. The proposed scope of work is consistent with the Water Capital
Budget funds budgeted for FY 04 for Project 710111, NCRWTP New Mid-Hawthorn
Well field, as approved by the Board on September 18. 2003. Source of funds is Water User
Fees (412).
GROWTH MANAGEMENT IMPACT: There is no impact on growth management
related to this project.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District, approve and authorize the
Public Utilities Engineering Director to execute Work Order HS-FT-04-03 related to the
NCRWTP New Mid-Hawthorn Well field, up to an amount not-to-exceed of $741,220 for
Project 710111, pending County Attorney approval as to form and legal sufficiency and
approve the necessary budget amendment.
Agenda Item No. 16C12
June 22, 2004
Page 2 of 24
J
Executive Summary
Work Order HS-FT-04-03
Page 3
ESTIMA TED FEES
PROPOSED WORK ORDER #HS-FT-04-03
Agreement for Fixed Term Utilities Engineering Services
Contract #00-3119 Dated April 10, 2001
Description Time and Materials
Not-to-Exceed Fee
Task 1 - Preliminary Design $52,440
Task 2 - Final Design $253,050
Task 3 - Permitting $67,050
Task 4 - Construction Bid Services r- $21 ,930
Task 5 - Construction Contract Administration I $96,920
i Task 6 - Detailed Observation I $189,350
___L
, Task 7 - Additional Services i $60,480
-
Total - Labor and Expenses (Not-to- ! $741,220
i Exceed)
~
Agenda Item No. 16C12
June 22; 2004
Page 3 of 24
COLLIER COUNTY
-
SOARD OF COUNTY COMMi~:):8NF.P.S
Item Number
16C12
Item Summary
Rllcomm,-:n.:hticn to Clppmv" fl;~di~g. Cl"d ,,",-,ra'IC v'hrk OrdN H:,-FT-Q4-03
UP tc;m ClmOU"l nct to llxceed $141,220, P,Cj'1Ct 710111, NCR'N'TP Nm.\i Mid
Ha..vthom 'v\'alifi~kJ. for ang:l1t=serfng :;Br..,.:C~S for eight (R) addit:onal'\~ater suppiy
walls ~!'lr,ing ma North COlil1ty Ragion",' W"tar Trll<ltn1el1! Plant on sites that
df€ on. nr 3dj3(~nt to, ex:sfin,,J ViEd! sites
Meeting Date
6n;Y2004 9:G'O'Oa AM
Prepared By
K3" W. S<I.,.<:" P.::.
Princil'al Proj<:d M.1',;,~<:r
\)!11r;'\i(l? ~:S?.13
AM
Pllblil; lJtiliti.,,,
;>l;tl"C lltiliti",~ E:n'J;n""r;"il
Approved By
l.)I n ~Al!JQrj
Pl;'t:hasin;) A!I~"t
D"l~
Adn::n!stf'c1tiv~ S'!'rvi~~
P"n:hasin~
6J11:.2004 ~:O\) AM
Approved By
(:;'tI~n 8utl~r
P"n:hasin(j Supcrvisor
Datc
Adm:r.:~t:,,,tjVf} Si;;.rJki;;~
P::rr.hll",jn'l
\)!11r;.(w? 9:11 AM
Approved By
P9U! Mat:..o;J~o;h
Water l)::e<--te>r
DOlte
Public Utiliti""
Wat.:.,'
~.i11!20(j~ 9:39 AM
Approved By
n:o:m.s Wides
Opcr~tions Dlrector
Di:ltfJ
P'J4Hc Uiili1.i""
Pup::.;; Utmt:~~ OpGr<aticn$.
6111:-10041'),31 AM
Approved By
R(';y B. AndC;Jf~on, r- .E.
Pup::.;; Utmt:~~ E:"B~~jr;~~r:;;g D;:'~{;fc.;:
D~~~
Public Utilities
P :..:bHc Utmt;.:.$ E(lgir:Qcd~Q
<;i11!au.:.11 \)1 AM
Approved By
.J;,mf:S .~"V. j){':...ony
$It:n::c: Ut:llta..~$l..dmin::\t~t(jo..
Date
Puhlic Utilitie"
P~:h::!; Ut;!;t:;.;~ Admi~:l;\t:'~tjr.m
~!111/.(;(l,: 1i:1S ~M
Approved By
Pm l~hnhc::rd
..6.dfnini!:ilr~:lve A~sisw:nt
DcliD
Co...nty M"r;"\l"!";;; Office
Officc cf Man39Cment &. e"C;j"t
~ji1!Z004 12:34 PM
Approved By
~;U~~:1 ;;:::;~,.
S~I1~t;;r Man.aii~011(')lltinur;g,.r. A:-:~:y:'\r
D3t~
C<;""1.y M"""Ii""'" Off:c~
Offi~.e af MOlnag..m.mt & Eh:d~:~t
61H:-1004 4:26 PM
Approved By
/.01,;;:::.,<:: Sm)lkow:;~:l
M<ln<l~~m.:.n! & 5~<l{j"t Oir<:<.t<;r
Date::!
County Ma"ager's Office
Offl-:" of Management & B....:l{jct
6!13!2(;0" 4:37 PM
Approved By
,)llm"",'/.MudrJ
<:OUSlt'i M'Jnagp.r
Oate
J:;carrl or County
Com'!l!';.sion.:-rs
County Manag.:.,.'s Offi;;e
6!15t20C4 2:~5 PM
Agenda Item No. 16C12
June 22, 2004
Page 4 of 24
WORK ORDER BS-FT-04-03
Agreement for Fixed Term Utilities Engineering Services
Contract #00-3119 Dated April 10, 2001
This Work Order is for professional engineering services for work known as:
Proj ect: North County Regional Water Treatment Plant R.O. Water Supply Reliability
Improvements - Additional Water Supply Wells on Existing Well Sites
The work is specified in the proposal dated June 9, 2004, 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 HS-FT-04-03 is assigned to Hazen and Sawyer, P.C.
Scope of Work: This work order provides engineering services for the desi.:o, permitting, construction
administration, construction observation, startup and testing, and training support for the addUion of eight
new water supply wells and associated pumping systems to convey raw water to the North County Regional
"tater Treatment Plant. The work authorization is broken down Into tasks as follows:
Task 1 - Preliminary Design
Task 2 - Final Design
Task 3 - Permitting
Task 4 - Construction Bid Services
Task S - Construction Contract Administration
Task 6 - Detailed Observation
Task 7 - Additional Services
Schedule of Work:
The duration of major work tasks are summarized below:
Completion Time from
Description Notice-to~ProceedA
Task I - Preliminary Design 8 weeks
Task 2 - Final Design
. Bid Package A - New Wells (Bid Set) 8 weeks
. Bid Package B - Pumping and Transmission 16 weeksB
Facilities (Bid Set)
Tuk 7 - Additional Services
. Draft O&M Manual update 6 w~els afler closeout of
construction for Bid Package B
Note A: Unless otherwise noted. B: May l'4IJI to finalize pump selection and electrical f't4"iremenls,
deJHlldDtt 011 hytlrogedoglc flMinf'
2004 06-09 Collier 8A Wells FINAL
Agenda Item No. 16C12
June 22, 2004
Page 5 of 24
Page I 00
'YORK ORDER HS-.FT-04-03
Agreement for Fixed Term Utilities Engineering Services
Contract #00-3119 Dated April 10, 2001
Compensation: In accordance with Article Five of tbe Agreement, the County will compensate
tbe Firm in accordance with the negotiated time and material sum amount indicated in the
schedule below (if a task is time and material, so indicate and use the established hourly
rate(s) as enumera ted in Scbedule "A" 0 f the Agreement). The compensation Cor engineering services
provided under this work order shall be on a Time and Material basis with a not-to-exceed amount of
$741,220.00. A cost breakdown by task for engineering semces described in this work arder follows:
Time and Materials
Description Not-to-Exceed Fee
Task 1 - Preliminary Design $ 52,440.00
Task 2 - Final Design 253,050.00
Task 3 - Permitting 67,050.00
Task 4 - Construction Bid Services 21,930.00
Task 5 - Construction Contract Administration 96,920.00
Task 6 - Detailed Observation 189,350.00
Task 7 - Additional Services 60,480.00
1'otal- Labor and Expenses (Not-to-Exceed) 5741,220.00
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 "An of the Agreement.
PREPARED BY:
Karl W, Boyer, P.E., PUED Principal Project Manager Date
AUTHORIZED BY:
Stephen Y. Carnell, Purchasing Director Date
AUTHORIZED BY:
Paul Mattausch, Water Director Date
APPROVED BY:
Roy H. Anderson, P .E., Utilities Engineering DIrector Date
2004 06-09 Collier 8A Wells FINAL
Agenda Item No. 16C12
June 22, 2004
Page 6 of 24
Page 2 of3
WORK ORDER HS-FT -04-03
Agreement for Fixed Term Utilities Engineering Services
Contract #00-3119 Dated April 10, 2001
Approved as to Form and
Legal Sufficiency:
Assistant County Attorney
Date:
ACCEPTED BY:
"'/'/0+
W~2~
Fund:412 CC:273512 OIL Account:
By:~!I-~~.
Albert Muniz, Vi e President
Ha:.:en and Sawyer, P.C,
Project Number: 710061
200406-09 Collier 7A WeUs FINAL.doc
Agenda Item No. 16C12
June 22, 2004
Page 7 oP~ 3 of3
ATTACHMENT A
Collier County
County Work Order HS-FT -04-03
Collier County Project No.: 710061
North County Regfonal Water Treatment Plant (NCRWTP)
R.O. Water Supply Wellfield Reliability Improvements - Additional Water Supply
Wells on Existing Well Sites
Date: June 9, 2004
PREAMBLE
The Board of County Commissioners of Collier County (hereinafter COUNTY) requested Hazen and
Sawyer, P .C. (hereinafter CONSUL TANT) to provide engineering seNices for design and construction
of new water supply wells to supply raw water to the 0~or1h County Regional Water Treatment Plant
(NCRWTP). Eight mid-Hawthorn water supply wells are proposed at existing well sites. This work is
being performed in conjunction with COM, who is overseeing the overall water resources program for
the County and with Agnoli Barber & Brundage, Inc. (ASS). The firm of ABS will be responsible for
confirming the existing field as.built conditions and securing permanent or temporary construction
easements for the proposed well sites at the existing locations noted below.
Currently, the NCRWTP is supplied with raw water from Lower Hawthorn (brackish water) raw water
supply wells. Recent events have mandated that several wells be removed from seNice due to
increased salinity, This has raised concerns due to lack of backup supplies. Hence. the COUNTYis
moving forward proactively with construction of backup water supply wells to provide reserve capacity
in the event that additional wells are lost due to increased salinity,
Consequently, up to eight additional raw water supply wells are required to avoid a potential water
supply deficit and/or disruption to water seNice in the event of an unplanned problem with an existing
well. This will be achieved by adding up to eight mid-Haw1horn brackish water supply wells in advance
of the need to repair or replace an existing well. These new "reliability" wells will provide redundancy in
the wellfield system so that existing wells can be removed from seNice without causing a disruption in
finished water production.
The COUNTYs goal is to have the new water supply "re!iab'iity" wells drilled so they can be equipped
and operational at the earliest date possible to me!?! the upcoming peak season should water
demands, Consequently, the COUNTYrecognizes that this project must be fast-tracked to attain this
goal.
This work order provides engineering seNices for the design, permitting, construction administration,
construction observation, startup and testing, and training support for the addition of eight new mid-
Hawthorn brackish water supply wells and associated pumping systems to convey raw water to the
NCRWTP. The work authorization is broken down into tasks as follows:
Task 1 - Preliminary Design
Task 2 - Final Design
Task 3 - Permitting
2004 06-09 CoWer 8 Wells FINAL 6/9/2004
Agenda Item No. 16C12
June 22,2004
Pa~~ ~t~
Task 4 - Construction Bid Services
Task 5 - Construction Contract Administration
Task 6 - Detailed Observation
Task 7 - Additional Services
Due to the nature of well construction and construction of the facilities to equip new wells with pumping
system the work will be designed and constructed as two bidding packages. The bid packages shall be
as follows:
Bid Package A - New mid-Hawthorn Wells: This bid package shall include the construction of
eight new wells. The contract documents shall include drilling and performance testing of the
eight new wells.
Bid Package B - Pumping and Transmission Facilities for New mid-Hawthorn Wells: This bid
package shall include the construction of pumping, piping, electrical, controls, structures,
startup and testing for eight new wells. This bid package shall include the following:
. New transmission system piping to connect the new wells to the existing transmission
system;
· Pumping systems;
. Primary power supply system, and instrumentation and control system;
. Air conditioned or ventilated enclosure at the electrical distribution well house building to
house solid-state control equipment;
. Security fencing around each well;
. Utility operations and maintenance access road(s) to the new well sites;
. The COUNTYrecognizes that it may be desirable to revised the pump and motor selection
after completion of the well performance testing conducted during construction of Bid
Package A.
Based on preliminary discussion with the COUNTYthe following criteria shall be considered during
design:
1. The project shall include the design, construction, equipping, and connection of eight re.vwels
to the existing transmission system.
2. The existing wells in the well field terminate in the Lower Hawthorn Formation. The new wells
are proposed to terminate h the mid-Hawthorn Formation. The mid-Hawthorn wells are
anticipated to produce approximately 0.5 million gallons per day (mgd);
3. The detailed design of the new well construction shall require the contractor to perform aquifer
performance testing of the mid-Hawthron formation during construction;
4. The operational strategy for the new equipped wells will vary from full-time operation to
operation in a support role when other wells are down for maintenance. Therefore, no
increased allocation in the COUNTYs consumptive use permit is anticipated;
5. New wells shall be located at existing well sites and no new well siting is anticipated;
6. Pump type and materials of pump column, well casing and transmission piping shall match
materials of the existing wellfield;
7. Primary power quality issues related to voltage surges, phase imbalance and intermit1ent
Agenda Item No. 16C12
June 22, 2004
2004 06-09 Collier 8 Wells FfNAL 6/9/2004 Pa~~ ~f,;2t1
outages have been identified by the COUNTYand need to be accounted for in the detailed
design;
8. Coordinate with FPL to size the power supply for new mid-Hawthorn wells;
9. Compliance with COUNTY noise ordinance is a key County goal. The design shall provide for
extra sound attenuation measures if warranted;
10. Design will employ existing construction of utility operations and maintenance access road(s) to
the new wells;
11. The raw water transmission hydraulic analysis and surge analysis should include a scenario
where the new wells are operating simultaneously.
The work in each phase will be dependent on recommendations developed in preceding phases.
Consequently the fees for the scope of services can only be roughly estimated at this time. Due to the
fast track nature of this project, the scope and fee will be roughly estimated and included in this work
authorization on a time and material basis with a maximum not-to-exceed upper limit. This approach
will allow the project to proceed on the fast track basis requested by COUNTY. As the project
progresses and the scope of work is better defined, the scope and fees will be equitably adjusted as
needed.
SCOPE OF SERVICES
TASK 1- PRELIMINARY DESIGN
1.1 - Well Site Procurement Memorandum
Prepare a memorandum discussing procurement approach. The approach will be selected by the
cOUNTYshall be incorporated into the preliminary design report and implemented during final design.
1.2 - Preliminary Well Site Selection and Pipeline and Power Route Analysis
Meet with COUNTY staff to confirm location of new wells at existing well sites. It is assumed that no
additional easements will be required. The COUNTY may need to obtain temporary easements during
construction. Specific requirements will be discussed with COUNTYonce the exact well locations have
been determined.
Identify pipeline routes from the new wells to a connection with the existing raw water transmission
system. This task also includes identification of the likely rflut8 for Florida Power and Light (FPL) to
provide primary power the new wells. Coordinate witn rf-i._ tG identify likely power routes and
preliminary assessment of easement requirements.
The analysis of potential pipeline and power routes shall be completed in conjunction with raw water
transmission system modeling prepared under Task 1.3.
1.3 - Preliminary Hydraulic Analyses
This task includes update of the raw water transmission system model. The model will be used to
evaluate the system under steady state conditions, The model will be used in conjunction with other
work elements to evaluate the sizing and selection of raw .vater transmission system piping and
pumping systems. The computer model shall utilize Wa1erCi\D I:ydraulic modeling software.
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Design of improvements to correct deficiencies in the surge system is not included in this work order.
This work order may be amended at the request of the COUNTY to provide additional engineering
services for the design of improvements to the wellfield surge suppression system.
Due to the fast track nature of this project the computer models of the raw water transmission system
shall not be calibrated, The models may be calibrated under a future work assignment at the
discretion of the County.
The COUNTYrecognizes that the final determination of pumping-unit sizing criteria (i.e., Total Dynamic
Head and motor size) cannot be known until the new wells are constructed and the well hydraulic
performance testing results are available. Due to the fast track nature of this project the preliminary
piping, pumping and electrical system sizing must proceed using conservative assumptions. As a
result, this preliminary assessment will assume the following:
. Maximum well hydraulic capacity is assumed to be 350 gallons per minute;
. Design pumping rate for the new well pumps is assumed to be 350 gallons per minute;
. Reasonable values for the static water level and drawdown level in the new wells shall be
assumed based on discussion with COUNTYstaff. If needed COUNTYwill perform drawdown
and pumping tests;
. The backpressure at the connection between the new and the existing raw water transmission
piping shall be assumed based on discussion with COUNTY. If required, perform pressure-
recording on the existing water supply to pumps to assess the potential backpressure at the
connection between the new and the existing raw water transmission piping.
The findings of the preliminary hydraulic analyses shall be incorporated into the preliminary design
memorandum.
1.4 - Electrical Requirements
Evaluate proposed wellfield configuration for electrical power distribution system requirements and
make recommendations for system configuration. Contact FPL for preliminary discussion of available
options for electrical service.
The COUNTY is aware of primary power quality issues. Issues include phase imbalance, voltage
irregularity, and intermittent outages. In conjunction with the meetings scheduled with FPL under Task
1.2, review these issues with the COUNTYand FPL and make recommendations regarding electrical
device protection equipment that should be included in detailed design.
Evaluate proposed wellfield configuration for emergency power distribution system requirements, and
make recommendations for system configuration.
1.5 - Preliminary Opinion of Probable Construction Cost
The purpose of this task is to prepare a preliminary opinion of the construction cost for the
recommended well and raw water transmission pipeline configuration. The preliminary cons1ruction
cost estimate shall include the well drilling, raw water pumps, raw water pipeline, electrical provisions
including generator(s), and remote monitoring and control system.
1.6 - Preliminary Project Delivery Schedule
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The purpose of this task is to prepare a preliminary project delivery schedule that includes design,
permitting, bidding, and construction. The schedule shall be prepared for the overall project; however,
the activi1ies will be divided between bid packages A and B. The schedule shall be prepared using
Microsoft Project 2000,
1.7 - Preliminary Design Technical Memorandum
Prepare a draft preliminary design technical memorandum that incorporates the findings developed
during Task 1. Eight (8) copies of the draft preliminary design technical memorandum shall be
submitted to the COUNTY.
Attend one meeting with tile COUNTYto collect input on the draft memorandum, This meeting will be
scheduled within two week of submittal of the draft memorandum. Comments received during review of
the draft preliminary design technical memorandum review meeting shall be incorporated and a final
version of the memorandum shall be prepared, Eight (8) copies of the final preliminary design
technical memorandum shall be submitted to the COUNTY.
TASK 2 - FINAL DESIGN
2.1 - Engineering Design Survey
Employ the services of a Certified Land Surveyor in the State of Florida (SURVEY SUBCONSUL TANn,
to perform an Engineering Design Survey. The Engineering Design Survey shall include the following:
1, In the survey area locate all existing aboveground pipes, valve boxes, water/electrical meter
boxes, electrical pull boxes, telephone/cable risers, fences, hydrants, aboveground utilities,
wood/concrete utility poles, overhead electrical lines, culverts, guardrails, pavement limits,
headwalls, endwalls, manholes, vaults, mailboxes, driveways, side streets, right-of-ways limits,
landscaping, traffic signage, other signage and any other improvements;
2. Provide boundary survey information that identifies all utility, drainage, electric power, and
canal easements and rights-of-way; and provide information on existing zoning and setbacks
for each zoning code within and adjacent to the survey area;
3. Within the survey area survey the locations of vegetation and individual trees (native and
exotic). Trees greater than four (4) inches in diameter shall be located and identified as to
caliper and type;
4. Produce a complete engineering design base map (geometric control plan) including all right-
of-ways, easements and plats. The surveyor shall attempt to locate front property corners
throughout the project. Data shall be compiled from recorded plats and field located property
corners. Establish horizontal and vertical survey base line at 1 OO-foot stations, nails set at 50-
foot stations, cross sections at 25-foot stations and benchmark set at every 300-feet stations.
The Geometric Control Plan shall be related to the Florida State Plan Coordinates and shall be
based on NAD 1983/90.
5. Provide legal description(s) of the properties where the three new wells will be located. The
COUNTY Real Property agent will acquire the easements needed for the three new well
locations.
6. Provide a general description, including aerial photo, showing the location of the proposed raw
water transmission pipeline and new FPL power supply. The COUNTYReal Property agent will
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provide all services (including legal description survey) to acquire the easements needed for
the proposed raw water transmission pipeline and new FPL power supply.
2.2 - Geotechnical Investigation
CONSULTANT shall employ the services of a geotechnical specialty firm, to perform the following
work:
1. Perform soil borings, in accordance with the Standard Penetration Tests (ASTM 0-1586)
procedure. One boring shall be performed approximately every 500 feet along the pipe route.
An average depth of 15 feet per boring has been assumed.
2. Prepare a Geotechnical Report to provide recommendations on the foundation design for new
structure (Le" the generator enclosure and the pump control and electrical enclosure)
associated with the new central well house. Recommendations shall include recommended
sub-surface preparation procedures, inspection requirements and testing requirements.
Geotechnical Report shall include recommendations on pipeline trenching, backfill and
compaction.
3, Geotechnical Report shall provide recommendations on dewatering requirements during
construction.
2.3 - Prepare 60% Contract Documents
Upon receiving final acceptance of the Preliminary Design Report from COUNTY, commence
preparation of the preliminary design (Le., 60% design stage) contract documents (Le., drawings and
technical specifications). Prepare contract documents for two bidding packages. The Bid Packages
shall be designated A and B as described above,
Prepare cost estimates to provide COUNTYwith an up to date progress estimate of projected probable
construction costs. Estimates will be prepared and forwarded to COUNTY at the 60% design
completion stage.
Schedule review meetings/workshops to receive input at the 60% design completion stage of each bid
package. Based on comments received make subsequent revisions to the documents. This does not
include out of scope changes outside of the recommendations identified in the final preliminary design
memorandum.
Furnish eight (8) sets of the 60% contract documents and 60% opinion of probable construction cost
for each bid package.
2.4 - Prepare Final Contract Documents
Based on input received at review meetings during the preliminary design phase and associated
design reviews prepare the final (100%) contract documents (Le., drawings and specification) and cost
estimate for each bid package,
During preparation of final contract documents finalize the preliminary transmission system hydraulic
modeling and the preliminary surge analysis prepared during Preliminary Design.
Conduct a 100% completion stage project peer review of each bid package, to provide QA/QC of the
final contract documents and cost estimate prior to SJbmittal. The review shall include final
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June 22, 2004
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interdisciplinary checks, general coordination and constructability issues, and shall be conducted by
senior level personnel.
Furnish eight (8) sets of the final (100%) contract documents and opinion of probable construction cost
for each bid package,
Approximately two (2) weeks after delivery of the final (100%) contract documents schedule a final
review meeting so that any changes that may be necessary to meet the project's budgetary
requirements can be incorporated. This does not include out of scope changes outside of the
recommendations identified in the final preliminary design memorandum.
Furnish eight (8) sets of the final contract documents for each bid package, revised per items
addressed under final review meeting.
TASK 3 - PERMITTING
3.1 - Construction Permitting
Coordinate and attend up to four (4) meetings with the following regulatory agencies to discuss the
requirements for acquiring pre-bid construction permits for this project.
· Collier County Development and Environmental Services Division
· Florida Department of Environment Protection (FDEP)
· Collier County Health Department
· Collier County Building Department Water Well permitting section
Coordinate contact with these agencies through the COUNTY Project Manager. Prepare permit
applications required for the construction of the new facilities, Completion of the following permit
applications are assumed:
· One application for new fuel storage tank associated with the backup generator;
· One FDEP permit application for construction of the pumping and transmission facilities
required by 62-555 "Permitting, Construction. Operation and Maintenance of Public Water
Systems";
· Three Site Development Applications required by the Collier County Development and
Environmental Services Division.
Prepare up to three (3) written response to the regulatory agencies request for additional information
(RAI) regarding each permit application referenced 8.uove.
It is assumed that the Bid Package A and B contractors shall be responsible for the following:
· Obtaining the water well construction permit required by the South Florida Water Management
District (SFWMD).
· Be solely responsible for obtaining bacteriologic c!earance in accordance with FAC 62-555.
· Preparation, and submittal of Building Department Construction Permits;the contractors shall
be responsible for obtaining all building department permits.
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June 22, 2004
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It is assumed that the contractor will assist the COUNTY in collection of water samples and the
COUNTY perform all laboratory analyses for bacteriological clearances. It is also assumed that the
COUNTYshall perform the first laboratory analysis for bacteriological clearances free of charge. If
retesting is required due to a positive bacteriological result then 11e contractor shall pay for all
retesting.
3.2 - Water Use Permitting Assistance
Determine what water use permit modifications will be required by the SFWMD to allow construction of
the new wells. Attend up to three (3) meetings with the South Florida Water Management District
(SFWM D) to discuss the requirements for obtaining a modification of the COUNTYs Water Use Permit
(WUP) for construction of the new water supply wells.
Review the proposed new well configuration with the SFWMD.
Draft up to three (3) letters addressed to the South Florida Water Management District for COUNTY
signature. The letters will request the proposed new well configuration.
It is assumed that a modification to the existing water use permit will not be required as the proposed
wells are to serve as backup wells with no increase in allocation requested. Therefore, this task does
not engineering services to prepare an application for the modification of the COUNTYs WUP. This
work order may be amended, at the request of the COUNTY, to provide additional engineering services
to prepare an application requesting a modification of the COUNTYs WUP.
3.3 - Conditional Use Applications
Prepare and submit the "Application for Public Hearing for: Conditional Use" form for the new wells and
associated pumping and transmission facilities. Preparation of the "Application for Public Hearing for:
Conditional Use" form includes preparation of all necessary additional documents including legal
descriptions, narrative statement describing the request for conditional use, pre-application meeting
notes, 24" x 36" conceptual site plan, Environmental Impact Statement (EIS) as required by Section
3.B. of the Land Development Code (LDC), etc.
This work order does not include assistance with re-zoning of the properties proposed for construction
of the new water supply facilities. It is assumed that an ERP is not required.
3.4 - New Production Well Completion Report
The purpose of this task is to prepare a report that summarizes the data collected during well
construction. Additionally, the report shall analyze the data collected during well performance testing
to evaluate the specific capacity for each well. This data will be used during the selection of pumps
during detailed design of Bid Package B. Four (4) copies of the Draft Well Construction Report will be
submitted to the COUNTY.
A meeting shall be scheduled within two week of submittal of the draft report to the COUNTY. The
purpose of the meeting is to collect COUNTY input on the Draft Well Construction Report. lssue
meeting minutes summarizing the meeting. Comments received from COUNTYduring review of the
Draft Well Construction Report Review Meeting shall be incorporated and a final version of the report
shall be prepared. Ten (10) copies Final Well Construction Report will be submitted to the COUNTY.
Task 3.5 - Building Department Permit Assistance
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Agenda Item No. 16C12
June 22, 2004
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Supply the contractor with three (3) signed and sealed bid-set contract documents for the contractor to
apply and acquire a Collier County Building Department permits. The contractor shall be responsible
for obtaining the building department permit.
Assist the contractor obtain a construction permit from the Collier County Building Department.
Assistance shall include, correspondence with the Bid Package A and B contractors and Collier County
Building Department, coordination and attendance at meetings with the Collier County Building
Department to address comments regarding the design intent, revisions of drawings and specifications
as required to meet the requirements of the Collier County Building Department.
TASK 4 - CONSTRUCTION BID SERVICES
Services to be provided during the bidding and award phase are as follow:
1. Attend pre-bid meeting with prospective bidders;
2. Prepare and issue addenda as appropriate to interpret or clarify contract documents;
3. Provide COUNTYwith a recommendation as to the acceptability of subcontractors, suppliers
and other persons and organizations proposed by the bidders for those portions of the workas
to which such acceptability is required by the contract documents;
4. Provide COUNTYwith a recommendation to make a contract award, as necessary.
TASK 5 - CONSTRUCTION CONTRACT ADMINISTRATION
5.1 - General Management
Provide necessary services for tie management of engineering services during the construction
period. Such management activities shall include project coordiration with the COUNTY, contractor
and resident project representative. General management shall also include scheduling specialty
inspections, and general correspondence with COUNTY, construction contractor and subcontractors.
Maintain orderly files for correspondence reports of job conferences, shop drawings and sample
submission, reproductions of original Contract Documents ;ncluding all change orders, field orders,
additional drawings issued subsequent to the eX8c:..:tic:i of the contract, clarifications and
interpretations of the Contract Documents, progress repGi1s, and other project related documents.
Receive and log all correspondence, change orders, shop drawings, and submittals received from the
contractor using the network based Expedition software syc t":'l
5.2 - Contract Interpretations and Clarifications
Prepare and issue necessary technical interpretations and ciaiiiic;;,tions of the Contract Documents in
a timely manner. Make recommendations on requests of t!-,::;) contractor and the COUNTYas to the
acceptability of construction or the interpretation of the technical requirements of the Contract
Documents.
5.3 - Change Orders
Review the technical appropriateness, project cost and/or schedule impacts because of changes
submitted by the contractor, requested by the COUNTYCf recommended by the CONSULTANT.
Changes may be the result of unforeseen conditions or interferences identified by the contractor
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June 22, 2004
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during the routine progress of work, inadvertent omissions (betterment) issues in the contract
documents, or additional improvements requested by the COUNTY after the project bid date.
Comment on the technical aspects and impact of the change request in terms of project cost and
schedule. Prepare change orders and negotiate all changes in contract time and cost with the
contractor. Prepare an analysis of the change request indicating reasons for acceptance, references
to applicable sections of the contract documents that validate or disclaim the change request, and if
accepted, a statement noting that the requested cost I schedule impacts are fair and reasonable.
Prepare, recommend and submit for COUNTYs approval such change orders.
Services do not include claims analysis or litigation support.
5.4 - Work Change Directives
Due to the fast track nature of this project, the COUNTY authorizes CONSULTANT to issue work
change directives. A work change directive shall be a written directive to the contractor issued after
contract execution, signed by the COUNTY and recommended by the CONSULTANT ordering an
addition, deletion or revision in the work, A work change directive shall not change the Contract price
or time, but is evident that the parties expect that the change directed or documented by a work
change directive will be incorporated into a subsequently issued Change Order following negotiations
by the parties as to its effect, if any, on the Contract Price or Contract Time.
Issue work change directives only when necessary to avoid potential project delivery delays associated
with the time needed to negotiate and process change orders.
5.5 - Shop Drawings
Review shop drawings and any other submittals (except detailed construction progress schedules) that
the contractor is required to submit by the Contract Documents. Reviews shall be completed within
twenty-one (21) calendar days of CONSULTANTs receipt of the submittal except for special items
requiring longer review time if so noted in the Contract Documents. The review shall be for
conformance with the design intent and compliance with the information presented in the Contract
Documents. Determine the acceptability of materials and equipment proposed by the contractor. Shop
drawings shall be returned to the contractor with CONSULTANT's written comments and
recommendations concerning their completeness under the Contract Document.
Retain one copy of each shop drawing for delivery to the COUNTYat the end of the project.
5.6 - Pay Requests
Review the construction contractor's monthly applications for payment and accompanying data and
recommend approval of payments due to the construction contractor, CONSULTANT's
recommendation of any payment requested in an application for payment shall constitute a
representation by CONSULTANT to the COUNTYas an experienced and qualified professional. that
based on CONSULTANTs Resident Project Representative on-site observations of construction in
progress; that, to the best of CONSULTANT's knowledge and belief, that construction has progressed
to the point indicated and that the quality of construction is in substantial accordance with the Contract
Documents.
Process pay requests in accordance with the Florida Prompt Payme nt Act. All incoming invoices
processed by CONSULTANT shall be mechanically stamped with the date received.
5.7 - Construction Schedule Submittal Review
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Agenda Item No. 16C12
June 22, 2004
Pa~g\11 s>f,;?A-
The contractor shall be required to submit detailed construction progress schedules on a monthly
basis. Review the contractor's progress schedule for acceptance. Acceptance shall demonstrate that
the schedule is acceptable with respect to the Contract Documents.
TASK 6 - DETAILED OBSERVATION
6.1 - Resident Project Representative
Furnish Resident Project Representative (RPR) to observe performance of the work for Bid Package A
and one RPR forBid Package B. The RPR duties and responsibilities for Bid Packages A and B are as
follows: .
· Construction Observation - Conduct on-site observations of construction in progress to assist in
determining if construction is proceeding in substantial accordance with the Contract Documents,
and that completed construction conforms to the Contract Documents. I nform CONSULTANT and
the Contractor whenever RPR believes that any construction is unsatisfactory, faulty or defective
or does not conform to the Contract Documents, or does not meet the requirements of any
inspections, tests or approval required to be made, or has been damaged before final payment.
· Photographic Record - Provide a photographic record of the construction, beginning with pre-
construction documentation and completing with post-construction photographs. Photographs
shall be digital type taken to define the progress of the project and unusual or important
construction events as deemed necessary.
· General Coordination - Coordinate submittal of O&M manuals, operation and maintenance training
plans and schedules, startup and testing plans and scheduled, and assist the COUNTY to
establish a schedule and venue for training sessions. Oversee substantial and final completion
inspections, coordinate delivery of spare parts and warranties, and maintain the punch list. Upon
RPR issuance of a punch list for a substantially complete work element, the RPR shall follow up to
assure that punch list items are corrected and/or completed.
· .coordinate Laboratorv Testing - Coordinate with COUNTYS testing laboratory to schedule water
sample collection and laboratory tests as requested by the contractor and required by the Contract
Documents.
· Observe Reaulatory Agency Inspections - Accompany visiting inspectors representing public or
other agencies having jurisdiction over the project, record the outcome of these inspections in the
daily reports which shall be recorded on CONSULTANTs standard forms.
· Daily Log - Keep a daily diary and / or log book recording hours on the job site, weather
conditions, data pertaining to questions of extras or deductions, list of visiting officials and
representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions,
observations in general and specific observations in more detail as in observing test procedures.
Forward the RPR's completed daily logs to the COUNTYon a regular basis,
· Construction Progres~ Meetings - Chair periodic progress meetings with the construction
contractor and the COUNTYto review project status and identify issues that may affect the project
schedule. Such issues may include suggested changes and/or methods to keep the project on
schedule (except for the construction contractor's means, methods, techniques, sequences or
procedures of construction). Prepare and issue written meeting minutes to the COUNTY and the
Contractor. Additional representatives of CONSULTANT (i.e., technical experts, project manager,
etc.) shall accompany the RPR as necessary during the construction period as specific needs
arise.
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Agenda Item No. 16C12
June 22, 2004
PagQg18, p;;?fl
For Bid Package A, the RPR's duties and responsibilities shall also include the following:
. Well Performance TestinQ - RPR shall coordinate with the well drilling contractor to observe and
record hydraulic information during the performance testing of the new wells. The performance
testing requirements will be outlined for the well drilling contractor in the Contract Documents.
Information to be recorded for use in design of pumping equipment includes:
· Pumping rate
. Water levels every two minutes during the pumping period
. Static water level prior to pumping
. Drawdown
. Geoloaical Loa - Collection and analysis of drill cutting and preparation of a log of drill cutting
lithology.
6.2 - Specialty Inspections
For Bid Package A, furnish the periodic services of engineering staff experience in water supply well
construction to supplement the RPR during the construction period as cppropriate to perform
specialized inspections associated with work and compliance reporting in accordance with regulating
agency construction permit sworn statement requirements.
For Bid Package B, furnish the periodic services of the design engineers Q.e., Instrumentation,
Electrical, Structural, Mechanical, Plumbing/HVAC, etc,) to supplement the RPR inspections to ensure
compliance with the Contract Documents.
Specialty inspection labor shall include attendance at field meetings requested by the COUNTY.
6.3 - Substantial Completion Inspections
Conduct substantial completion inspections when requested by the contractor and the RPR
recommends that the work is sufficiently complete to warrant a substantial completion inspection. The
following substantial completion inspections are contemplated:
. Eight (8) substantiai completion inspections shall be provided for Bid Package A
. Eight (8) substantial completion inspections shall be provided for Bid Package B
During the substantial completion inspection the inspection staff shall prepare initial punch list items
requiring completion or correction to the satisfaction of COUNTY. The RPR shall be responsible for
maintaining the punch-list and issuing updates to the punch-list on a periodic basis.
Prepare and issue up to 93Ven certificates of substantial completion as warranted by the project
progress.
6.4 - Project Closeout Services
Upon the request of the contractor and concurrence of the RPR and the COUNTY, conduct final
inspections of portions of the project as they are finished to determine if construction has been
completed in substantial accordance with the contract documents and the construction contractor has
fulfilled its obligations there under. The following project closeout inspections are contemplated:
2004 06-09 Collier 8 Wells FINAL 619/2004
Agenda Item No. 16C12
June 22, 2004
Pa~g\9t2>t~
· Eight (8) project closeout inspections shall be provided for Bid Package A
· Eight (8) project closeout inspections shall be provided for Bid Package B
Based on the results of the final inspection, judge the work complete or not complete. If the work is
judged complete, issue a "notice of final acceptance and recommendation for final payment".
TASK 7 - ADDITIONAL SERVICES
7.1 - Control System Implementation Management Services
Services included in this task pertain to the system integration of the production well control system.
For Bid Package B, provide system implementation management services including, technical review of
control system operator work station software installation, database configuration, alarm and data
reporting development, and related technical services associated with the control and information
systems being provided. Review and coordinate data communications, operator workstation HMI
graphic displays, and alarms in conjunction with plant operations staff to ensure the completed system
specifically addresses the needs of COUNTY.
7.2 - Startup, Testing and Operator Training
For Bid Package B, in association with the contractor shail participate in control system field tests,
witnessed loop checks, and control system startup (in accordance with the approved construction
schedule) and the specified final acceptance testing program to ensure proper interaction between the
HMI software graphic displays, databases, driver tables, PlC network data tables and control logic
developed by the instrumentation and control system supplier.
Equipment and software training shall be provided by the contractor and coordinated by the RPR. The
Contractor shall provide instructional meetings With the facilities operational staff to cover both the
basic concept of operation of the new wells under normal and anticipated abnormal operating
conditions including response to failure occurrences and system alarms. It is anticipated that the
training will be completed in general conformance wI1h :he following training sequence:
1. Deliver written O&M manual section IS) updates to CONSULTANT for review.
2. Contractor submittal of training and testing plan and schedule to CONSULTANT.
3. Upon CONSULTANT approval oftrainii1Q anlj testing plan and schedule Contractor will
complete system startup and testing. CONSUL rANT shall witness testing and control
system startup.
4. Contractor performs control system operator classroom training sessions.
7.3 - Opera11on and Maintenance Manual Update Assistance
Update the existing Operation and Maintenance (O&M) Manual for the new improvements. The manual
update shall include a description of how the process is designed to operate, control system interface
points and general operational procedures. The manual shall also consolidate maintenance
information and design parameters for the various equipment items.
Two copies of the draft O&M manual shall be submitted to in ring binders for review and comment.
Two final copies of Operation and Maintenance Manua!s in ring binders, together with three copies in
2004 06-09 Collier 8 Wells FINAL 6/912004
Agenda Item No. 16C12
June 22. 2004
Pa~1J>t .9lbRrJ.
electronic format on CD-ROM, shall be prepared specifically for this project. Operation and
Maintenance manuals shall focus upon providing personnel with a clear description of the process,
operating theory, normal and potential abnormal operating conditions and corrective procedures to
maintain the process within compliance levels, as well as the following routine policies and procedures:
1. Process sampling and frequency
2. Emergency response
3. Equipment checks
4. Lubrication schedules
5. Vendor I Supplier contact information
Operation and maintenance manual shall include a schematic illustrating all wells at the wellfield.
Operation and maintenance manual shall include a well operating and sequencing protocol for startup
of treatment plant membrane skids.
Detailed equipment operation and maintenance manuals of all Contractor furnished equipment will be
furnished to COUNTY by the Contractor in accordance with the construction contract documents.
All printed copies of the manuals furnished by CONSULTANT shall be assembled and bound in
separate volumes. Electronic copies shall be submitted in Microsoft Word WPD, AutoCAD DWG, or
Adobe PDF file formats, as appropriate.
COUNTY has standardized on the AIIMax Task Manager (ATM) computerized maintenance
management system (CMMS) for the s:;heduling of preventive and corrective maintenance tasks.
COUNTY will provide CONSULTANT with an electronic copy (in Microsoft Excel format) of the
maintenance database table. CONSULTANT shall populate this template table with maintenance
schedule and maintenance procedure data supplied in the detailed equipment operation and
maintenance manuals of all equipment furnished under this project. CONSULTANT shall provide the
COUNTYwith the electronic copy of the populated maintenance data table. COUNTYwill update the
AIIMax Task Manager software with the populated maintenance data table.
7.4 - Reimbursable Expenses
Expenses of reproductions, postage and handling of Drawings and Specifications, travel, etc, in
accordance with Article 5.3 of the Agreement for Professional Utility Engineering Services between
Hazen and Sawyer, P.C. and Board of County Commissioners for Collier County, Rorida.
7.5 - Additional Services (as authorized)
Provide additional services, at costs agreed upon by the COUNTY and CONSULTANT and as
authorized by the COUNTY, which may arise during the course of the work, that are consistent with the
intent of the original work order; but, were not envisioned as part of the original or amended scope of
work and. CONSULTANT shall submit a proposal to perform Additional Services prior to the
performance of the work, The proposal shall include the specific services to be performed, time to
complete, compensation, and an explanation as to why the services were not previously envisioned as
part of the scope of work. The proposed Additional Services must be approved by the COUNTYs
Project Manager in writing in advance of performance of said Additional Services. Failure to notify the
COUNTYin writing of Additional Services shall be deemed a waiver of any claim by the CONSUL TANT
that such services were Additional Services, Additional written authorization from the COUNTYwill be
required for any charges that exceed the predetermined upper limit.
2004 06-09 ColJier 8 Wells FINAL 6/9/2004
Agenda Item No. 16C12
June 22, 2004
Pag~~11.i't;?t;
The following is a preliminary scope of work for additional services that County may decide to authorize
by addendum to this Work Order. The fees included in this work order do not include performance of
the following tasks.
7.5.1 - Replacement of Flow Meters on Existing Wells
The existing wells use propeller type flow meters, Reliability issues associated with the flow meters on
the existing wells may warrant their replacement.
7.5.2 - Easement Confirmation and Acquisition
The COUNTYwill use the a local surveying for confirmation of as-built conditions at the existing well
sites and assist the COUNTYin securing temporary construction easements for the proposed work. A
not to exceed amount is being allocated in the Additional Services account for use as directed and
authorized by the COUNTY.
ASSUMPTIONS
The following assumptions were made in preparation of the above scope:
1. Contractor shall be responsible for providing marked up copy of engineering drawings to show
as-built conditions.
2. COUNTYwill pay for all laboratory testing required by the contract documents. The COUNTY
will be responsible for procurement of laboratory tec::tina ~p,rvices.
3. Engineering fees for construction phase services are based upon 8-hourworkdays, Monday
through Friday, excludes work on weekends and COUNTYholidays,
4. It is assumed that the Florida Power and Light shall be responsible for obtaining construction
permits for the construction of their facilities,
5. COUNTYwill assist in coordinating site access for construction of the new production wells.
6. The COUNTY will provide to-scale hard copies of all available documents (i.e., design
drawings, record drawings, shop drawing laying scheduies, Atlas maps, other improvements
records) that show the location of all existing wells and raw water transmission system piping.
CONSUL TANT shall review these documents to develop a map based schematic model, in
electronic format, of raw water system that serves the North County Regional Water Treatment
Plant.
7. It is CONSULTANTS understanding that, during the ti'T1pfrnme in and around the anticipated
new well construction and completion, simultaneous l;ornn ensurate work may be underway for
upgrade of the NCRWTP SCADA system to Intellutioii ir:X, which mayor may not include
modifications to the SCADA system architecture, This work, under the direction of Carollo
Engineers, may have an impact or other ramifications on the decisions and direction of the
CONSULTANT'Scontrol system design and system tie-in, Accordingly, CONSULTANTshaJJ
endeavor to coordinate efforts with both the County ana with Carollo and/or its designated
integrator/contractor(s) to ensure a consistent I&C prcduct, one that has uniform control
strategy, streamlined integration, and full compatibility DU8 to the uncertainty in the timing and
scope of the NCRWTP SCADA system upgrade project (designed by others) CONSUL TANT's
level of effort to coordinate the well control system d~?2ign 'with the NCRWTP SCADA system
upgrade cannot be known.
2004 06-09 Collier 8 Wells FINAL 6/9/2004
Agenda Item No. 16C12
June 22, 2004
Pa~~1s>t~
COMPENSATION
The compensation for engineering services provided under this work order shall be on a Time and
Material basis with a not- to-exceed amount of $741 ,220.00. A cost breakdown by task for engineering
services described in this work order follows:
Description Time and Materials Not-to-
Exceed Fee
Task 1 - Preliminary Design $52,440
Task 2 - Final Design $253,050
Task 3 - Permitting $67,050
Task 4 - Construction Bid Services $21,930
Task 5 - Construction Contract Administration $96,920
Task 6 - Detailed Observation $189,350
Task 7 - Additional Services $60,480
Total - Labor and Expenses (Not-to-Exceed) $741,220
Pass through costs, such as excess shop drawing reviews, inspection overtime, and contractor
proposed substitution reviews shall be billed separately to COUNTYfor contractor reimbursement in
accordance with the construction contract documents.
NOTE: It is noted that this scope of services assumes services are based upon 8-hour workdays,
Monday through Friday, excluding COUNTY holidays, Should longer work hours, or weekend work
hours, be requested by the construction contractor and approved by the COUNTY, an equitable
adjustment to CONSULTANT's fee will be made which may include overtime rates. Should the
construction period extend beyond the contract construction period, appropriate adjustment of services
and fee shall be made by amendment to this Work Order.
2004 06-09 Collier 8 Wells FINAL 61912004
Agenda Item No. 16C12
June 22, 2004
Pa~~51t;?t1
SCHEDULE
The duration of major work tasks are summarized below:
Completion Time
from Notlce-to-
DescrlDtlon ProceedA
Task 1 - Preliminary Design
. Preliminary well site selection 6 weeks
. Draft Preliminary Design Technical Memorandum 1 0 weeks
. Final Preliminary Design Technical Memorandum 13 weeks
Task 2 - Final Design
. Survey 12 weeks
. Finalize well site selection 1 week after
completion of survey
. Bid Package A - New Wells (Bid Set) 14 weeks
. Bid Package B - Pumping and Transmission Facilities 16 weeksB
(Bid Set)
Task 3 - Permitting As Needed
Task 4 - Construction Bid Services As Needed
Task 5 - Construction Contract Administration November 1 , 2004
Task 6 - Detailed Observation November 1, 2004
Task 7 - Additional ServicesB
. Draft O&M Manual update 6 weeks after closeout
of construction for Bid
Package B
Notes
A: Unless otherwise noted.
B: May vary to finalize pump selection and electrical requirements, dependent on
hydrogeologic findings.
C: To Be Determined
2004 06-09 Collier 8 Wells FINAL 6/9/2004
Agenda Item No. 16C12
June 22, 2004
Pa~~ ~t,2r1
EXECUTIVE SU~ll'-'lARY
Recommendation to approve a Work Order, under Contract #00-3119, Fixed Term
Professional Utility Engineering Services, with Camp, Dresser & McKee to design, permit,
and observe construction of a new Reclaimed Water Booster Pump Station on Livingston
Road, Project 74076, in an amount not to exceed $166,088.
OBJECTIVE: To obtain approval to execute a work order with Camp, Dresser & McKee
(CDM) for engineering services related to the design, permitting and construction
observation/inspection of a reclaimed water booster pump station at Livingston Road.
CONSIDERATIONS: On September 18, 2003, Agenda. the Board of County Commissioners
approved the fiscal year 2004 Capital Budget for the Wastewater Impact Fee Fund 413. A
project exists in Fund 413, Reclaimed Water Booster Pump Station on Livingston Road, to allow
funds to be used to design and construct a booster pump station for the County reclaimed water
system. That project is also included in the 2003 Wastewater Master Plan as adopted by the
Board on May 25. 2004 as Agenda Item 10 C.
,-
The subject bi-directional reclaimed water booster pump will provide additional operating
pressure in the existing 20-inch reclaimed water main along Livingston Road, which
interconnects the north and south reclaimed service areas. The need for this booster station is
driven by the planned addition of an Aquifer Storage and Recovery (ASR) well in the north.
Depending on demand conditions in the south and ASR operations, the bi-directional booster
pump station must meet a wide range of pressure :lnd flow conditions, including boosting
reclaimed water flows to the north or south. Piping, control valves, and telemetry will be
included Lo provide this operational llexibility. The County may need Lo acquire land, depending
on the final to-be-determined pump station location in the vicinity of the Livingston Road-
Golden Gate Parkway intersection.
The 2003 Wastewater Master Plan Table 8-2 allocated $1,750,000 as a total project cost, of
which the construction cost allocation is approximately $1,515,000. CDM has submitted an
initial proposal to design, permit, and perform construction observation/inspection services for a
reclaimed water booster pump station and related reclaimed water piping. Staff negotiated the
fees down by approximately ten percent and is satisfied that fees presented herein are fair and
reasonable. This is based on the complexity of the project and the additional services beyond
basic design including permitting, surveying (including possible legal boundary survey of land, if
land needs to be purchased as opposed to using County Transportation owned land at the
southeast comer of the Livingston Road-Golden Gate Parkway intersection), and geotechnical
investigations.
FISCAL IMPACT: Funds are available from the project budget, which has a current
unencumbered balance of $448,012. The source of funds is the Wastewater Impact Fee Fund
413.
.-
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
Agenda Item No. 16C13
June 22, 2004
Page 1 of 17
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida
as Ex-Officio the Governing Board of the Collier County 'Vater Sewer District authorize the
Public Utilities Engineering Department Director to execute a work order with CDM for
engineering services related to the design, permitting and construction observation/inspection of
a reclaimed water booster pump station on Livingston Road, in an amount not to exceed
$166,088.
Agenda Item No. 16C13
June 22, 2004
Page 2 of 17
COLLIER COUl\fY
SOARO OF COUNTY COMMISSIONERS
Item Number
1fiC':3
Item Summary
Recomm~-;ndaticr. to C)prr~"Jv~'3 i3 'Nc'!~: Order, l:nd~1r Contract #00-3119, F!:<ed
rerm Proi€ssiona: Utility En,;;ineering ::;er,':ces, with CClmp, Dr,1:,sH & M,:Ke0 to
df.,:;ign. r.H3r~':t. and (J~Js~r...lq GGr.str:.lct:on of a r~w Rer.:aimed \'Vatar BCO$tar
P~n'>, $t)iltion on Livingston Road. Project 74076. in MI amount 1....)( ,,1 !lxc..!ld
f.166,088.
Meeting Date
612212004 900.00 AM
Prepared By
P<lul i<wa
Pr<>j"ct Mana'.ljOf
6f4l2GG4 1 :.! 8:'!?, PM
Public lJtilltie;
P'Jl:J!k Vlmtles E;ngiollllf!F\\j
Approved By
R<>y I!I, .orl~f~vn. f'.E:.
P,;:,;:,;; Utmlies !:ngiflp.p.f';.g ()jr~r.tQ'
Dam
P"l>lj<; UWiU"",
Pub::c Utmt:*~ En{~irl~C:tl"k:9
~;11tlO<l4 12.Qa PM
Approved By
J~m~s "'-I. D~L{my
P:.:u::c Ut;!;t;~s Admfn:st:"atr.:-!
Oat"
Public UtiiitillS
~:...:bHc Utmt;.:.~ Adrr:ir.:stratlo.n
<;!l1r200412:2~ PM
Appro\'ed By
J>;;tt"h"brrl
)\dmjnj~tr~~hi~' Assi$tt\nt
:):lto~
CCt:nty M~n~tJ~(B Off;(;e
om~" Gf M,.",.y"",,,,,t Ii. BudiJtlt
ca.f11/?n!M 1~:~C: ~M
Approved By
Su:s:~:~ U~~l~f
Silnlc-t M;,n'~~{:~'~f,t!But:!~~ AnC}.:yst
O(}t~
CO!i!1t'1f M.::tf!'::t~':'('5 ot'n:~
Office c! Management & e"dgllt
Cf'!~/Z:jC4 3:~6 PM
Approved By
Mi,",;;,.: $mykv....<;kj
M:lrl:lgeme"t I> ~\:ldg~t I)irp.ct<>f
DiJt~
Ce"nt, Mar:ager's omc"
Off;!..~ t>f Mclnaijt1'm~nt &. S~d~<..4
6!13:;';()(l4 424 PM
Approved By
Jam~s V. Mudd
County Mcmag~r
D3t~
Beard t>f CO"l1t'i
Gv~lr:ty Mt\nt\9~r's Offl{:~
f91..~!2C04 5;59 PM
CU~~:~.$ic-:"l~:"~
Approved By
ThO"'<lS Wid"s
Op"r<l,iol1s Director
Oclt~
Public UtilitiC5
Piitl;;.: UtHities Oi=,.:.r31tcr:s
t';I{;!2~C4 4:28 PM
Approved By
R<>;. .;oveil
;;;;"r;i~l Pmj""ts M"F;ag,-'
Dat"
P"l>lir.; Utillti"",
PGb::c Ut:i:t;p.~ E~~jmH~r:r:g
6:?':~004 8;U8 AM
Approved By
Ly",W<;<;G
;'>"'1: hasil1~ Agrml
Date!
Ad~:r::st:-atl\ft) S.:.rvlo:'$
;'>"rchasil1\l
<;!7!20,;4 8:50 AM
Approved By
Gw<>n BlJtj~r
$;urr;hiSsin!J Supflndscr
:):lte
Adtn;r:;~t:".3ti~(;s Services
P~f(;h::J!;i(ig
t:;.i7!2004 1u:51 AM
,\pproved By
J"",,,ph a. Ch<<atham
V./as1.t)watC:tr Difecco:-
Dcli~
Publir; Utnitie~
')'''~~tf:;''ViJt.~~i' r:"1!:atmf:nt
f,!SS!ZOC4 2;4~ ?M
.6$1onrl~ Itorn t-..IQ 1~(",1':l
June 22. 2004
Page 3 of 17
COLLIER COUNTY
RECLAIMED WATER BOOSTER PUMP STATION AT
LIVINGSTON ROAD
SCOPE OF ENGINEERING SERVICES
May 24, 2004
INTRODUCTION
Collier COWlty (COUNTY) has requested assistance from CDM (ENGINEER) to provide
professional engineering services for design, permitting, and services during construction for a
new Reclaimed Water Booster Station, to be located along Livingston Road in the vicinity of
Golden Gate Parkway. The booster pump station will provide additional operating pressure in
the existing 20-inch reclaimed water main which interconnects the north and south service
areas. The need for this booster station is driven by the planned addition of an Aquifer Storage
and Recovery (ASR) well in the north (pelican Bay) area. Depending on demand conditions and
ASR operations, the booster pump station must meet a wide range of pressure and flow
conditions, including boosting flows to the north or south. Therefore, piping and control valves
must be included to provide this operational flexibility. For purposes of this proposed scope of
services, it is assumed that the booster pump station site will be the COUNTY's stormwater
retention area, located at the southeast comer of Livingston Road and Golden Gate Parkway, or
at a site in the vicinity of the southwest comer which the COUNTY is considering acquiring.
SCOPE OF SERVICES
The ENGINEER shall perform the following tasks under this authorization:
Task 1- Data Collection, Project Management, and Coordination
The ENGINEER will coordinate with the COUNTY to obtain the record drawings of the existing
reclaimed water main along Livingston Road, and the stormwater retention area at the comer of
Livingston Road and Golden Gate Parkway (project site). The ENGINEER will hold a kick off
meeting with COUNfY staff to exchange information on the project, existing facilities and
systems, and COUNTY preferences. The information and data collected from the COUNTY will
be used by the ENGINEER as a basis for the Preliminary Design Report.
The ENGINEER shall provide project management services necessary to oversee all tasks to be
performed by the ENGINEER and it subconsultants, and interface with the COUNfY, the
public, regulatory agencies, and other interested parties. The ENGINEER shall prepare for and
attend up to five meetings with the abovementioned parties as needed. Monthly progress
meetings will be held with COUNTY staff.
The ENGINEER shall maintain quality control on all tasks of this project A Technical Review
Committee (fRC), comprised of senior specialists not directly involved in the project, shall be
convened, and reviews shall be held at the preliminary design report, 60, and 90 percent
complete milestones during project design development.
Page 1 of 12
Agenda Item No. 16C13
June 22, 2004
Page 4 of 17
Task 2 - Preliminary Design Report
The ENGINEER will prepare a Preliminary Design Report (PDR) to establish design criteria,
identify facilities required, evaluate alternatives, and present the recommended conceptual
design, including layouts and plant. Four copies of the draft PDR will be submitted to the
COUN1Y for review. The following items will be addressed in the PDR:
n Basis of final design criteria
n Setback restrictions, local code requirements
n Mass balance and hydraulic calculations for the new pumping facilities and piping.
Hydraulic modeling of Collier County Reclaimed water system using existing model
(Greeley & Hansen)
n Pump performance curves
n Determine requirements for geotechnical and surveying investigations to be performed
under Tasks 4 and Task 5
n Prepare conceptual site layout, including site drainage plan. Prepare conceptual landscaping
plan
n Prepare conceptual arrangement drawing of pumps and major piping
n Prepare preliminary process instrumentation and control diagrams, and telemetry
requirements
n Determine permitting requirements
n Prepare preliminary opinion of probable construction costs for the proposed facilities
The ENGINEER will convene a meeting to receive and discuss review comments with the
COUN1Y. The ENGINEER will prepare the final PDR based on comments received, and submit
six copies of the final PDR to the COUNTY.
Task 3 - Final Design
The ENGINEER will prepare drawings, specifications, and bid schedule based on the final PDR
for the planned Reclaimed Water Booster Pump Station (RWBPS). The final design will be
prepared as one bid package in sufficient detail for the COUNTY to proceed with the bidding
process.
Specifications will be prepared utilizing CSI format, consisting of written technical description
of materials, equipment, construction systems, standards,. and workmanship for this project.
Equipment shall be consistent with COUNTY's current standards.
The ENGINEER's opinion of probable construction cost will be updated at the 60, 90, and 100
percent complete project milestones.
Page 2 of 12
Agenda Item No. 16C13
June 22, 2004
Page 5 of 17
Four copies of the 60 and 90 percent complete drawings and specifications will be submitted to
the COUNTY for review. At each submittal milestone, a meeting will be held with COUNTY
staff to receive and discuss review comments. One copy of final (biddable) documents will be
submitted upon receipt of regulatory agency permits and review comments.
Task 4 - Geotechnical Investigation
The ENGINEER will perform a geotechnical investigation at the site proposed for the new
RWBPS. This investigation will include performing three (3) Standard Penetration Test (SP1)
soil borings to the depth of 25 feet; one boring will be located at the RWBPS, and one boring will
be located at each end of the proposed jack-and-bores under Livingston Road, Based upon the
geotechnical investigation, determinations will be made as to the suitability of the in-situ soils
to support the new RWBPS, construction dewatering criteria, use of excavated material as fill
material, etc.
Task 5 - Survey
The ENGINEER will perform a topographic survey of the area where the RWBPS is proposed at
either SW or SE comer. The survey will collect topographic information of the existing area,
elevation of the existing roads, and the existing stormwater pond. Horizontal control will be
based on the existing COUNTY property and road rights-of-way and tied to state plane
coordinate system. A boundary survey and legal description of the project site will be provided
by the ENGINEER. A threatened and endangered species survey will be conducted in
accordance with COUNTY site development requirements. The ENGINEER will prepare a
FLUCFCS map for submittal with the Site Development Permit.
Task 6 - Permitting
The ENGINEER will assist the COUNTY in acquiring the necessary permits in order to
construct the project. The ENGINEER will attend meetings with permitting agencies and submit
applications to the applicable local and state regulatory agencies having jurisdiction over the
project. Permit fees shall be paid by the ENGINEER. A schedule of estimated permit fees is
attached. Anticipated permits required for this project include: FDEP Permit to construct
wastewater facilities, Collier County Site Development and County R.O.W. Permit.
Environmental Resource Permit (ERP) is assumed to be covered by a Noticed General Permit.
Permit conditions and/ or review comments will be incorporated into the final design
documents as necessary.
Task 7 - Services During Bidding
The ENGINEER will:
1. Prepare responses to written requests for interpretation of the drawings or specifications
by prospective bidders, including the preparation of such addenda as may be necessary
and provide to the COUNTY.
2. Attend one (1) pre-bid conference. Prepare responses to appropriate questions and
provide those responses to the COUNTY.
Page 3 of 12
Agenda Item No. 16C13
June 22, 2004
Page 6 of 17
3. Review bids received, review contractor references, and make recommendation of
contract award to the COUN1Y.
Task 8 - General Services During Construction
Task 8 services are activities during the construction and startup of the new RWBPS.
Task 8.1- Project Management
The ENGINEER will provide a project manager to oversee all Tasks to be performed by the
ENGINEER and its subconsultants, and interface with the COUN1Y, the Contractor and
regulatory agencies. This Task includes project administration and subconsultant coordination,
and maintenance of project records and documents. The ENGINEER will provide project
management services for a Project period of nine (9) months for the construction of the new
RWBPS.
Task 8.2 - Pre-Construction Conference
The ENGINEER will attend and participate in one (1) pre-construction conference for the
construction contract awarded and respond to design and construction issues. ENGINEER will
prepare and issue the minutes of the pr~construction conference. The minutes will be issued
within ten (10) working days from the date of the pre-construction conference.
Task 8.3 - Construction Observation
ENGINEER will provide periodic construction observation during construction of the Project.
ENGINEER will provide consultation and advice to the COUNTY during the period of
construction up to nine (9) months. Field services and onsite observation are based on up to six
(6) months of construction activity. The ENGINEER will prepare and issue design clarifications
and other supplementaIy information, as required, and provide technical reviews and assist in
preparation of proposed Change Orders to Construction Contracts.
The ENGINEER shall consult with and advise the COUNTY and act as the COUNTY's
representative during construction. Instructions to Contractor shall be issued through
ENGINEER who shall have authority to act on behalf of the COUN1Y in dealings with the
Contractor to the extent provided for in this Agreemer,t. The ENGINEER shall be present
during critical and milestone construction work tasks to observe as an experienced and
qualified professional the progress of Contractor's work and compliance with the various
aspects of the Contract Documents.
Based on information obtained during these site observations. the ENGINEER shall determine,
in general, if such work is proceeding in substantial COnf0rm:1Ke with the Contract Documents
and the ENGINEER shall keep the COUN1Y informed in wuU.ng of the progress of the work.
The purpose of the ENGINEER's site observations shall ~ 1.0 determine that the completed
work of Contractor conforms substantially to the Contract Documents and that the integrity of
the design concept of the completed constructed project h'1S been implemented and preserved
by Contractor. ENGINEER does not, during such observations of Contractor's work in
progress, supervise, direct or have control over Contractor's work. ENGINEER will not have
authority over or responsibility for the means, methods, techniques, sequences or procedures of
construction selected by Contractor. The ENGINEER does not have authority for safety
Page 4 of J 2
Agenda Item No. 16C13
June 22, 2004
Page 7 of 17
precautions and programs incident to the work of Contractor or for any failure of Contractor to
comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's
furnishing and performing the work.
The following activities by the ENGINEER for this task include:
1. Conduct periodic onsite observations of the work in progress by the Contractor to determine
that the project is proceeding in accordance with the Contract Documents.
2. Ensure that tests are conducted as required and that the Contractor maintains adequate
records thereof. Also, observe, record and report to the COUNTY test procedures and
results.
3. Assist the COUNTY in serving as the liaison with the Contractor.
4. Transmit through the COUNTY to the Contractor, clarifications and interpretations of the
Contract Documents.
5. Maintain orderly files for correspondence, reports of job meetings and conferences, shop
drawings and sample submissions, reproductions of original contract documents including
addenda, supplementary reports and other project related documents.
6. Make reviews to ascertain that the Contractor maintains up-to-date record drawings at the
site.
7. Review Contractor's monthly applications for partial and final payments and forward them
with appropriate recommendation to the COUNTY.
8. Conducting monthly progress meetings with the Contractor and the COUNTY.
ENGINEER will provide technical expertise and support as necessary to respond to RFIs and
design/technical issues as may arise during construction.
The ENGINEER will review up to four (4) Change Orders proposed by the Contractor or the
COUNTY and will prepare Change Orders for submittal to the Contractor prior to the
commencement of Change Order-related Work. Change Orders included in this authorization
are for minor adjustments to the basic project design that require an adjustment to the Contract
Time or Price and do not include design of new facilities not initially included in the project.
Change Orders for the design of new facilities will be an additional service to be authorized by
the COUNTY.
Task 8.4 - Shop Drawing Processing and Review
The ENGINEER will review all Contractor submittals, including but not limited to, Shop
Drawings, Product Data, and Samples. The ENGINEER will evaluate and determine the
acceptability of substitute or "or equal" materials and equipment proposed by the Contractor
and recommend to the COUNTY.
Page 5 of 12
Agenda Item No. 16C13
June 22, 2004
Page 8 of 17
The ENGINEER will review submitted shop drawings, materials, and samples for conformance
with the conformed Contract Documents (plans, specifications and addenda). Reviewed shop
drawings will be returned to the COUNTY for return to the Contractor within twenty-one (21)
calendar days of receipt of submittals. The ENGINEER will maintain a shop drawing computer-
based document control system. If shop drawings are rejected and are required to be re-
submitted more than once, the cost for the third and subsequent review is not budgeted under
this authorization and these additional costs will be paid by the COUNTY to the ENGINEER.
If the Contrac:tor wishes to submit alternates, as defined in the Contract Technical Documents,
the ENGINEER will perform this Work and the COUN1Y will pay the cost of this Work to the
ENGINEER.
Task 8.5 - Certify Project Completion
1. Rejection ofNon-Confonning Work
The ENGINEER will have authority to recommend the rejection of the Work that does not
conform to the Contract Technical Documents. The ENGINEER will promptly notify the
COUNTY and will immediately provide the COUN1Y written basis for such recommended
rejection.
2. Final Inspections
The ENGINEER will conduct two final inspections for the project together with the COUNTY
and the Contractor. The first final inspection will be to develop a list of incomplete or defective
work for the Contractor. A second final inspection will be made to determine that the items
have been completed. Thic; will be done for the purpose of certifying substantial and final
project completion to the COUNTY and FDEP as required. The cost for subsequent final
inspections necessitated by the Contractor's failure to correct incomplete or defective work will
be borne by the Contractor,
Task 8.6 - Record Drawings
1. Preparation of Record Drawings
The ENGINEER will prepare Record Drawings of the construction from field revision notes and
markups provided by the Contractor. The Record Drawings will be reproducibles copied from
the design drawings and edited to show the Contractor's notations. All drawings referencing a
specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format
on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD
83/90). The drawings should either reference specific established Survey Monumentation, such
as Certified Section Comers (Half or Quarter Sections are also acceptable), or when
implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by the
Collier County Transportation Division. Information layers shall have common naming
conventions (Le. right-of-way = ROW, centerlines = Cl, edge-af-pavement = EOP, etc.), and
adhere to industry standards CAD specifications.
One (1) hard copy set and one (1) electronic file AutoCAD compatible version will be provided
to the COUNTY. The ENGINEER will prepare permitting record drawings as required for
project certification to FDEP. Services of a Professional Surveyor may be included on an as-
needed basis for field verification if authorized by County to facilitate project certification.
Page 6 of 12
Agenda Item No. 16C13
June 22, 2004
Page 9 of 17
2. Review of Manufacturers' Operation and Maintenance ManJUlls
The ENGINEER will review Manufacturer's operation and maintenance manuals, submitted by
the Contractor, for compliance with the requirements of the Contract Documents. The
COUNTY has standardized on the AlIMax Task Manager (A TM) computerized maintenance
management system (CMMS) for the scheduling of preventive and corrective maintenance
tasks. The COUNTY will provide the ENGINEER with an electronic copy (in Microsoft Excel
format) of the maintenance database table. The ENGINEER shall populate this template table
with maintenance schedule and maintenance procedure data supplied in the detailed
equipment operation and maintenance manuals of all equipment furnished under this project.
The ENGINEER shall provide the COUNTY with the electronic copy of the populated
maintenance data table. The COUNTY will update the AllMax Task Manager software with the
populated maintenance data table.
3. Development of Operation and Maintenance Vendor Training
The ENGINEER will schedule and monitor vendor supplied operation and maintenance
training and coordinate with the COUNTY for up to three (3) meetings. Onsite training on
specific pieces of mechanical equipment will be supplied by vendor representatives prior to
facility's startup.
DELIVERABLES
The ENGINEER will provide the following deliverables:
1. Four (4) copies of the draft PDR
2. Six (6) copies of the final PDR
3. Four (4) sets of 60 percent design plans and opinion of probable construction cost will be
submitted to the COUNTY for review and comment
4. Four (4) sets of 90 percent plans, specifications and opinion of probable construction cost
will be submitted to the COUNTY for review and comment
5. One (1) set of final biddable documents and an opinion of probable construction cost
will be submitted to the COUNTY
6. Permit Applications
7. Various meeting minutes
8. Initial and Final Deficiency and Omission (0&0) Lists
9, One (1) hardcopy set of 24-inch by 36-inch Record Drawings.
10. One (1) AutoCAD electronic file containing Record Drawings.
TIME OF PERFORMANCE
The ENGINEER will complete Tasks 1 through 8 in accordance with the schedule based on
cumulative weeks from the date of the NTP by the COUNTY:
Page 7 of 12
Agenda Item No. 16C13
June 22, 2004
Page 10 of 17
SCHEDULE
TASK CUMULATIVE WEEKS
FROM NTP
1. Coordination and Data Collection 3
2. Preliminary Design Report 9
3. Final Design 21
4. Geotech 6
5. Survey 6
6. Permit Applications 18
7. Bidding Services 29
8. Services during Construction 80
The ENGINEER will observe the time limitations. However, should there be delays in receiving
subsequent authorizations, approvals, and review comments from the COUNTY, and other
governmental agencies, the schedule will be updated and adjusted as mutually agreed upon by
ENGINEER and the COUN1Y. ENGINEER shall not be responsible for delays that occur as the
result of action or inaction of others not under contract to ENGINEER.
PROPOSED STAFFING
NAME LABOR ! PROJECT POSITION
CATEGORY i
: -
Thomas Missimer, Ph.D" P.G. Officer C :ent Officer/ Quality Control
SCEV 9
Richard Moore, P.E. Officer P:'ojeci Manager
ENEV 9 C:vil and Process Enaineerina
Craig Montgomery, P.E. Senior Engineer I Lead Design Engineer
ENEV 6
Stefan Haecker, P.E. Project Engineer I Design/Specifications
ENEV 4
Project Engineer i
Charles Cullen, E.!. ENEV 2 i Civi,/Process Design
Dana Garrett Designer DNGN 8 Civil/Process Design/CAD
,
Construction :
Adam Sobolewski, P.E. Coordinator C': ns:rJ ctio n Coordination
CNCC 8 i
Operations -+
Rick Shelton Specialist \lendor Training/Review of O&M Manuals
OPGN 8
Gary Yocum, P.E. Senior I Inctrumentation
Professional I
Khalid Motiwala, P.E. Senior i Structural
Professional ;
n.. __ ..--
Paul LeFave, P.E. Senior I Electrical
Professional I
Proposed Su bconsultants:
Survey - To be determined
Geotechnical- To be determined
Greeley & Hansen - Reclaimed Water System hydraulic modeling ($10,500)
Hole Montes - Landscape Architecture
Page 8 of 12
Agenda Item No. 16C13
June 22,2004
Page 11 of 17
COMPENSATION
ESTIMATED ESTIMATED
TASK MAN- TASK COST
HOURS
1. Data Collection, Coordination, Project Management. ac 70 $ 9,000
2. Preliminary Design (including hydraulic modeling) 160 $ 24,880
3. Final Design 600 $ 58,800
4. Geotechnical Investigation LS. $ 4,000
5. Surveying (including T&E survey) LS. $ 7,000
Lump Sum Totals 830 $103,680
6. Permitting (1) 40 $ 12,058
7. Bidding Services 35 $ 4,263
8. General Services During Construction 395 $ 44,087
Time & Materials Totals (see Breakdown for Details) 470 $ 60,408
TOTAL $164,088
Allowance for Additional Services (T&M) (2) $ 2,000
GRAND TOTAL $166,088
Notes:
(1) Permitting includes $7,900 estimated permit fees
(2) Allowance for additional services as needed shall be used only upon written
authorization from the COUNTY.
Page 9 of 12
Agenda Item No. 16C13
June 22, 2004
Page 12 of 17
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ESTIMATE OF PERMIT FEES
COllIER COUNTY RECLAIMED WATER BOOSTER STATION
Vegetation Removal Permit $ 250.00
ROW Permit $ 600.00
J ack-and-Bore $ 250.00
FOEP ERP (Noticed General) $ 100.00
Petition for Formal Determination of Wetlands $ 250,00
Site Development Permit Review $5,000.00
Fire Review $ 200.00
Site Gearing $ 250.00
Pre- A pplicationf Project Meetings $ 500.00
FOEP Domestic Wastewater (Minor Revision to Existing) $ 500.00
Estimated Permit Fees Total $7,900.00
Assumptions:
1. Site is less than one acre
2. No wetlands on site
3. ERP is Noticed General
4. FDEP Wastewater is Minor Revision
Page 11 of 12
Agenda Item No. 16C13
June 22, 2004
Page 14 of 17
PRELIMINARY LIST OF DRAWINGS
C-l Site Plan, Notes, Survey
C-2 Yard Piping Plan (including jack-and-bore)
C-3 Landscaping Plan
C-4 Civil Details
5-1 Structural Notes + Pump Plan + Details
11-1 Process/~echarUcaIPlan
11-2 Process/~echanical Sections + Details
E-1 Electrical Site Plan, Symbols, Abbreviations, General Notes
E-2 Electrical Single Line Power Diagram; I&C Riser Diagram
E-3 Pump Station Power Plan; I&C Plan
E-4 Panel and Fixture Schedule, Equipment Elevations, Sections, Details
1-1 Instrumentation Legend
1-2 P&ID and Loop Diagrams
1-3 Loops and Instal~ation Details
Page 12 of 12
Agenda Item No. 16C13
June 22, 2004
Page 15 of 17
WORK ORDER #CDM-FT-04-12
Agreement for Fixed Term Professional Engineering Services
Dated April 10, 2001 (Contract #00-3119)
This Work Order is for professional engineering services for work known as
Reclaimed Water Booster Pump Station at Livingston Road
Reason for Proiect: To ~rovide a bi-directional interconnect pump between the County's
north and south reclaimed service areas
The work is specified in the proposal dated May 24, 2004, 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 #CDM-FT-04-12 is assigned to Camp, Dresser & McKee.
Scope of Work:
Tasks I through 9 as outlined in the attached proposal and summarized below
Schedule of Work:
As outlined in the attached proposal under "Schedule"
Comoensation (as outlined in the attached orooosa\): In accordance with Article Five of the
Agreement, the County will compensate the Firm in accordance with the negotiated lump sum
amount indicated in the schedule below (if a task is time and material, so indicate and use
the established hourly rate(s) as enumerated in Schedule A-I of the Agreement).
Task 1: Data Collection, Coordination. Project Management, Quality
Control
$ 9,000 (LS)
Task 2: Preliminary Design (Including Hydraulic Modeling)
S 24,880 (LS)
Task 9: Allowance for Additional Services
S 58,800 (LS)
S 4,000 (LS)
$ 7,000 (LS)
$4,158 (T&M, NTE)
$4,263 (T&M, NTE)
$44,087 (T&M, NTE)
$2,000 (T&M, NTE)
Task 3: Final Design
Task 4: Geotechnical Investigation
Task 5: Surveying (Including Topographic & Elevation Survey)
Task 6: Permitting
Task 7: Bidding Services
Task 8: General Services During Construction
Reimbursables: FDEP Permit to Construct Wastewater Facilities,
County Site Development Permit, County R.O.W Permit,
Vegetation Removal Permit, Jack-and-Bore, FDEP ERP, Petition
for Formal Determination of Wetlands, Site Clearing, Fire Review,
Pre-Application Meetings
TOTAL FEE
$ 7.900 (Estimated)
$166,088
Agenda Item No. 16C13
June 22, 2004
Page 16 of 17
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-I of the Agreement.
PREPARED BY:
Paul Kwa, P.E., Utilities Project Manager
Date
REVIEWED BY:
Steve Carnell, Purchasing Department Director
Date
REVIEWED BY:
Joe Cheatham, Wastewater Department Director
Date
AUTHORIZED BY:
Roy B. Anderson, P,E., PUED Director
Date
Approved as to Form and
Legal Sufficiency:
Assistant County Attorney
ACCEPTED BY:
Camp. Dresser & :\fcKee
Authorized Company Officer
Richard Moore, P.E., Vice-?resiJent
Date
WITNESSES (2):
Fund:
413
CC:
263613
Commitment Item:
631400
WBS Element #:
740761
Agenda Item No. 16C13
June 22, 2004
Page 17 of 17
,....-...
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment in the amount of $204,523 to ensure
continuous funding of the Community Care for the Elderly grant.
OBJECTIVE: To amend the Community Care for the Elderly (CCE) grant operating budget at
FY03-04 continuation funding levels to allow for uninterrupted support services to Services for
Seniors' frail, elderly clientll.
CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support
services to Collier County's frail elderly for the past 30 years through the Community Care for
the Elderly program. Historically, Collier County Services for Seniors receives the continuation
contracts during the latter part of June, for the upcoming grant cycle which runs July 1, 2004
through June 30, 2005. The grantor agency, Senior Solutions of Southwest Florida, has
guaranteed that funding will be received at no less than the FY03-04 allocation. When final
conLracls are received in lale June 2004, budgel amendments will be prepared La refleCLlhe aClual
allocation.
",-,
The total grant amount of $614,132 is funded from the State of Florida grants and aids
appropriation. Of the total grant award, $204,523 will require budget amendments to recognize
the direct funding portion of the County for administration, case management and transportation.
The remaining $409,609 will be retained by the grantor to pay for direct services authorized by
Collier County Services for Seniors. A total of $64,900 in local matching funds was approved in
the FY 04 budget as a contribution from the General Fund (001) to the Services for Seniors fund
(123).
GROWTH MANAGEMENT: There is no growth management impact from this recommendation.
FISCAL IMPACT: FY04 budget in Services for Seniors fund (123) will increase by $204,523.
Required matching funds in the amount of $64,900 have already been budgeted for FY04.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve
the necessary budget amendment to ensure continuous funding of the Community Care for the
Elderly Grant
-
Agenda Item No. 1601
June 22, 2004
Page 1 of2
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
Item Number
1601
Item Summary
Recommendation to appiOve a budget amendment in the amount of $204,523
to ensure continuous funding or the Community Care for the Elderly grant.
Meeting Date
6/22i2004 9:00:00 AM
Prepared By
Terri A. Daniels
Grants Coordinator
6/8/20044:51:29 PM
Public Services
Human Services
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
61111200411:57 AM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Offlce
Offlce of Mrmagement & Budget
6113/200412:21 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
6/13/2004 3:39 PM
Approved By
James V. Mudd
County Manager
Date
Soard of County
Commissioners
County Manager's Office
6/151200412:49 PM
Approved By
Barry Williams
Human Services Director
Date
Public Services
Human Services
6/9/200410:37 AM
Agenda Item No. 1601
June 22, 2004
Page 2 of 2
EXECUTIVE SU~Il\IARY
Recommendation to approve a budget amendment in the amount of $559 to ensure
continuous funding of the Alzheimer's Disease Initiative grant.
OBJECTIVE: To amend the Alzheimer's Disease Initiative (ADl) operating budget at FY03-04
continuation funding levels to allow for uninterrupted support services to Services for Seniors'
frail, elderly clienL~.
CONSIDERATIONS: Collier County Services for Seniors has been providing case
management and facility respite services to Collier County's frail elderly for the past 13 years
through the Alzheimer's Disease Initiative. Historically, Collier County Services for Seniors
receives the continuation contracts during the latter part of June, for the upcoming grant cycle
which runs July 1, 2004 through June 30, 2005. This continuation grant in the amount of
$101,546 [or lhe period July 1, 2004 lhrough June 30, 2005 will allow for the delivery of res pile
care and case management services to the County's frail elderly preventing premature and costly
institutional placement. This grant enables victims of Alzheimer's disease to remain in their
homes with help. The grantor agency, Senior Solutions of Southwest Florida, has guaranteed that
funding will be received at no less than the FY03-04 allocation. When final contracts are
received in late June 2004, budget amendments will be prepared to reflect the actual allocation.
....-
The total grant amount of $101,546 is funded from the State of Florida grants and aids
appropriation. Of the total grant award, $559 will require a budget amendment to recognize the
direct funding portion of the County for ea~e management. The remaining $100,987 will he
retained by the grantor agency to pay for direct services authorized by Collier County Services
for Seniors.
GROWTH MANAGEMENT: There is no growth management impact from this recommendation.
FISCAL ThlPACT: FY04 budget in Services for Seniors fund (123) will increase by $559. This
grdIlt requires no local matching funds.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve
the necessary budget amendment to ensure continuous funding of the Alzheimer's Disease
Initiative Grant.
-
Agenda Item No. 16D2
June 22,2004
Page 1 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1602
Item Summary
Recommendation to appiOve a budget amendment in the amount of $559 to
ensure continuous funding of the Alzheimer's Disease Initiative grant.
Meeting Date
6/22/20049:00:00 AM
Prepared By
Terri A. Daniels
Grants Coordinator
6/8/20044:52:42 PM
Public Services
Human Services
Approved By
Marla Ramsey
Parks 8. Recreation DIrector
Date
Public Serv~ces
Parks and Recreation
6i11i2Q04 3:33 PM
A pproved By
Garf A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & 8udget
6;14;200411:10 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
6/14/20041:28 PM
Approved By
James V, Mudd
County Manager
Date
Soard of County
Commissioners
County Manager's Office
6i15;2004 2:38 PM
Approved By
Barry 'vA/illlams
Human Services Director
Date
Publlc Services
Human Services
6/91200410:44 AM
Agenda Item No. 1602
June 22, 2004
Page 2 of 2
EXECUTIVE SUl\1MARY
Recommendation to approve a budget amendment in the amount of $6,074 to ensure
continuous funding of the Home Care for the Elderly grant.
OBJECTIVE: To amend the Home Care for the Elderly (HCE) operating budget at FY03-04
continuation funding levels to allow for uninterrupted support services to Services for Seniors'
frail, elderly clients.
CONSIDERATIONS: For the past 9 years, Collier County Services for Seniors has been
providing in-home support services to Collier County's frail elderly through this state funded
program. This continuation grant in the amount of $89,586 for the period July 1, 2004 through
June 30, 2005 will provide in-home support services through the encouragement and management
of family-type living arrangements in private homes as an alternative to costly and permanent
nursing home care. The majority of Lhese clienls would be unable to remain in their homes
without this help. The grant requires no local matching funds.
Historically, Collier County Services for Seniors receives the continuation contracts during the
laner part of June, for the upcoming grant cycle which runs July 1, 2004 through June 30, 2005.
The grantor agency, Senior Solutions of Southwest Florida, has guaranteed that funding will be
received at no less than the FY03-04 allocation. When tinal contracts are received in late June
2004, budget amendments will be prepared to reflect the actual allocation.
.-,
The total grant amount of $89,586 is funded from the State of Florida grants and aids
appropriation. Of the total grant award, $6,074 will require a budget amendment to recognize the
direct funding portion to the County for case management. The remaining $83,512 will be
retained by the grantor agency to pay for direct services authorized by Collier County Services
for Seniors.
GROWTH MANAGEMENT: There is no growth management impact from this recommendation.
FISCAL IMPACT: FY04 budget in Services for Seniors fund (123) will increase by $6,074.
This grant requires no local matching funds.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve
the necessary budget amendment to ensure continuous funding of the Home Care for the Elderly
Grant.
.-
Agenda Item No. 1603
June 22,2004
Page 1 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1603
Item Summary
Recommendation to approve a budget amendment in the amount of $6,074 to
ensure continuous funding of the Home Care for the Elderly grant.
Meeting Date
6/22i2004 9:00:00 AM
Prepared By
Terri A. Daniels
Grants Coordinator
6/8/20044:53:26 PM
Public Services
Human Services
Approved By
Marla Ramsey
Parks 8. Recreation DIrector
Date
Public Serv~ces
Parks and Recreation
6/11/20043:39 PM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6/13/200412:27 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Managoment & Budget
6/13/20044:35 PM
Approved By
James V. Mudd
County Manager
Date
Soard of County
Commissioners
County Manager's Office
6/15/2004 3:03 PM
Approved By
Barry vViHiams
Human Services Director
Date
Public Services
Human Services
6/9/200410:45 AM
Agenda Item No. 1603
June 22, 2004
Page 2 of 2
.-.""..-
EXECUTIVE SUMMARY
Recommendation to recognize and budget an additional $133,135 authorized by the State
Aid to Library Program for Collier County Public Library.
OBJECfIVE: To recognize and budget an additional $133,135 that the Collier County Public Library
System is authorized to receive in State Aid for FY 2004.
.,...."'-'
CONSIDERATIONS: The Board approved submission of the Application for State Aid and execution
of the associated agreement on September 23, 2003. (Item number 16.d5.) Florida Statutes stipulate the
manner in whicb these funds may be expended.
State Aid to Libraries is, by legislative intent, provided to improve library services within the
State and is to supplement, rather than replace, local efforts towards that end. Tbe Collier County Public
Library has qualified for State Aid to Libraries since the program inception in 1964. State Aid was
included as anLicipated revenue ($350,000) in the FY 200-+ Collier County Library Grant Fund Budget.
The actual amount of State Aid received depends on the number of Florida counties qualifying, the
amount of funds appropriated by the Florida Legislature. and the amount of local support provided to
Collier County Public Library.
This program was funded by the Legislature at a level that will provide $483,135 to Collier
County in FY04, which is $133,135 higher than anticipaced in the FY2004 Budget. As local government
support for the Library increases, so does the amount returned to Collier County in State Aid to Libraries.
These funds can be used for any Library expense except fixed capital purchases such as
construction expenses for a new library, and cannot replace local funds. Library staff is recommending
that funds be used to purchase additional books for all of the Library Branches.
FISCAL IMPACT: The Library Grant Fund (129) Bud~et for FY 2004 will increase from $350,000 to
$483,135
GROWTH MANAGEMENT IMPACT: None.
RECOMl\'lENDATION: Staff recommends Board approve the budget amendment that recognizes this
additional State Aid.
-
Agenda Item No. 1604
June 22, 2004
Page'1 of 2
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1604
Recommendation to recognize and budget an additional $'133,135 authorized
by the State Aid to Library Program for Coliier County Public Library.
6/22i2004 9:00:00 AM
Prepared By
Marilyn Matthes
Public S~rvices
Library Assistant Director
Library
6/7/200411:43:46
AM
Approved By
Amanda lownsend
Public Services
Operations Coordinator
Parks and Recreation
Dat.e
6f11i200410:37 AM
Approved By
Marla Ramsey
Public Services
Parks & Recreation Director
Parks and Recreation
Date
6/11/20043:25 PM
Approved By
Gary A. Vincent
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
6/13/200412:15 PM
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Bu'~q~t
Date
Date
6/13/2004 3:45 PM
A pproved By
James V. Mudd
Board of County
Commissioners
County Manager
Approved By
COiJnty Ma.nager's Office
6/14/2004 4:50 PM
Marlene J. Foard
Administrative Services
Grants Coordinator
Administrative Services Admin.
6i8f2004 10:34 AM
Date
Date
Agenda Item No. 1604
June 22, 2004
Page 2 of 2
EXECUTIVE SUi\'IMARY
Recommendation to approve the amendment to the Older Americans Act grant contract
and the required budget amendment in the amount of $6,877 and authorize the Chairman
to sign the contract between Collier County Board of County Commissioners and the Area
Agency on Aging for Southwest Florida, Ine., d/b/a Senior Solutions of Southwest Florida.
OBJECTIVE: The execution of this contract amendment is necessary to increase the spending
authority in accordance with the grant contract agreement.
CONSIDERATIONS: Collier County Services for Seniors has been providing in-home suppon
services to Collier County's frail elderly for the past 30 years through the Older Americans Act
program. This amendment to the continuation grant will increase the original contract spending
authority in the Title llI-E portion of the contract by $6,877 for the period January 1, 2004
through December 31, 2004. The increase will allow Lhe Services for Seniors program LO provide
services to an increased number of needy client,>, Title lU-E Caregiver Program of the Older
Americans Act allows for the delivery of respite and medical supplies to the County's frail
clderly preventing premature and costly institutional placement. The majority of these clients
would be unable [0 remain in their homes without this help.
GROWTH MANAGEMENT: There is no growth management impact from this
recommendation.
,,-
FISCAL IMPACT:. FY04 budget in Services for Seniors fund (123) will increa<;e by $6,877.
No additional matching funds are required.
RECOl\ThlENDATIONS: Staff recommends that the I30ard of County Commissioners approve
the amended OAA grant contract and hudget amendment and authorize the Chairman to sign the
amended contract. The amended agreement has been reviewed and approved by the County
Attorney.
...-
Agenda Item No. 1605
June 22, 2004
Page 1 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1605
Item Summary
Recommendation to appiOve the amendment to the Older Americans Act grant
contract and the required budget amendment in the amount of $6,877 and
authorize the Chairman to sign the contract between CoHier COlmty Board of
County Commissioners and tile Area Agency on Aging for Southwest Florida,
Inc., cilb/a Senior Solutions of Southwest Florida.
Meeting Date
6/22/2004 9:00:00 AM
Prepared By
Terri A. Daniels
Grants Coordinator
6/8/2004 <1:54:12 PM
Pu bile ServIces
Human ServIces
Approved By
Marla Ramsey
Parks & Recreatlo" Director
Date
Public Services
Parks and Recreation
6/11/2004 4:02 PM
Approved By
Gary A. Vincent
M<magem~nt &. Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6/14/200411:13 AM
Approved By
Michael Smykowski
Management &. Budget Director
Date
County M~mager's Offic~
Office of M<lnagem~nt &. Budget
6/14/2004 1 :30 PM
Approved By
James V. M!Jdd
Count-I Manager
Date
80met of COllnty
Commissioners
County Manager's Office
6/15/2004 3:09 PM
Approved By
8mry Williams
Human Services Director
Date
Public Services
Human Services
6/9/2004 '10:45 AM
Agenda Item No. 1605
June 22,2004
Page 2 of 4
."
...
AMENDMENT 001
Contract # OAA 213.04
Collier County Board of County Commissioners
THIS AMENDMENT, entered into between the Area Agency on Aging for
Southwest Florida. Inc.. d/b/a Senior Solutions of Southwest Florid~ hereinafter referred
to as the "agency" and Collier County Board of County Commissioners, hereinafter
referred to as the "recipient", amends contract # OAA 213.04.
1. The purpose of this contract amendment is to increase 3B $1,936, increase C1
$2,297, increase C2 $1,693, and 3E $6,877.
2. This amendment shall be effective on April 8, 2004. All provisions in the
contract and any attachments thereto in conflict with this amendment shall be
and hereby changed to conform with this amendment
3. All provisions not in conflict with this amendment are still in effect and are to be
performed at the level specified in the contract and the Master Agreement.
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS WHEREOF, the parties hereto have caused this _2_ page amendment to be
executed by their officials thereunto duly authorized.
RECIPIENT:
Collier County Board of County Commissioners
AGENCY:
Area Agency on Aging for
Southwest Florida, Inc., d/b/a Senior
Sulutiol1s of Southwest Florida
BOARD PRESIDENT OR
AUTHORIZED DESIGNEE
SIGNED
BY:
SIGNED
.8::
NAl\1E: Donna Fiala
NAME: ,Christopher Likens
TITLE: rh.::l; rrrli'ln
Lil L.2: 30ard President
DATE: April 8. 2004
D.\TE, April 8. 2004
FEDERAL ID NUMBER: 59-6000558
Recipient FISCAL YEAR END DATE: September 30, 2004
A~~<"S:~~
~('CoaDty A.ttorDIf
~~. Agenda Item No. f6D5
June 22, 2004
Page 3 of 4
"
.
AMENDMENT 001
Contract # OAA 213.04
Collier County Board of County Commissioners
Source of Funds:
The costs of services paid under any other contract or from any other source are not
eligible for reimbursement under this contract. The funds awarded to the recipient
pursuant to this contract are in the state grants and aids appropriations and consist of the
following:
Pr02ram Title Year Fundin2 Source CFDA# Fund Amounts
Older Americans 2004 U.S. Dept. Of Health and 93.044-045
Act Human Services and 93.052
Title IIIB Support Services 2004 U.S. Dept. Of Health and 93.044
Human Services
Lead Agency Operations $ 54,870.00
Soendin2 Authoritv $ 312,867.00
Title III Cl Congregate Meals 2004 U.S. Dept. Of Health and 93.045
Human Services
Lead Agency Operations $ 31,459.00
Spending Authority S 180,564.00
Title III C2 Home Delivered 2004 U.S. Dept. Of Health and 93.045
Meals Human Services
Lead Agency Operations $ 32,602.00
Spending Authoritv $ 186,436.00
Title III E Services 2004 U.S. Dept. Of Health and 93.052
Lead Agency Operations Human Services
$ 11,438.00
Spending Authority $ 71,691.00
TOTAL FUNDS CONTAINED IN THIS
AGREEMENT: S 881,927.00
Agenda Item No. 16D5
June 22, 2004
Page 4 of 4
EXECUTIVE SUMMARY
Recommendation to approve the Assisted Living for the Frail Elderly Medicaid Waiver
Case Management Referral Agreement and authorize the Chairman to sign the contract
between Collier County Board of County Commissioners and the Area Agency on Aging,
IDe. DIBI A Senior Solutions of Southwest Florida.
OBJECTIVE: The execution of this agreement is necessary for uninterrupted support services
to Services for Seniors' frail, elderly clients.
CONSIDERATIONS: For the past 12 years, Collier County Services for Seniors has been
providing case management to the frail elderly, residing in assisted living facilities in Collier
County that are State licensed and approved by Senior Solutions. This agreement requires
Services for Seniors case managers to provide case management services under the Assisted
Living for the Frail Elderly Medicaid Waiver program which allows clients to remain in the least
restrictive setting, avoiding or delaying costly and permanent nursing home care. The program
requires no local matching funds. This agreement is in effect for the period July 1,2004 through
June 30, 2005.
GROWTII MANAGEMENT: There is no growth management impact from this
recommendation.
.......-.
FISCAL IMPACT: There is no direct fiscal impact from this recommendation. All budgeted
costs are reimbursed through requesLS for payment (claims) to !he State of Florida Medicaid fiscal
agent. This program requires no local cash matching funds.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners
approve the Assisted Living for the Frail Medicaid Waiver Case Management Referral
Agreement and authorize the Chairnlan to sign the contract. The contract has been reviewed and
approved by the County Attorney.
-
Agenda Item No. 16D6
June 22, 2004
Page 1 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1606
Item Summary
Recommendation to approve the Assisted Living for tile Frail Elderly Medicaid
Waiver Case Management Referral Agreement and authoriz,e the Chairman to
sign the contract beh-veen Collier County Board of County Commissioners and
the Area Agency on Aging, Inc. D/B/A Senior Solutions of Southwest Florida.
Meeting Date
6/22/20049:00:00 AM
Prepared By
T~rri A. Daniels
Grants Coordinator
6/9/200411 :25:08
AM
Public Services
Human Services
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
6/11/20044:05 PM
Approved By
Gary A. Vincent
Management & Budget Analyst.
Date
County Manager's Office
Office of Management & Budget
6/14/20049:05 AM
Approved By
Michael Smykowski
M<magem~nt 8. Budget Director
Date
County Manager's Office
Office of Management & Budget
6/14/200410:26 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/14/20046:19 PM
A pproved By
Barry Williams
Human Services Director
Date
Public Services
Human Services
6i9/2004 1 :55 PM
Agenda Item No. 1606
June 22, 2004
Page 2 of 5
ASSISTED LIVING FOR THE FRAIL ELDERLY MEDICAID WAIVER
CASE MANAGEMENT REFERRAL AGREEMENT
This Referral Agreement made this 1st day of July, 2004, between Senior Solutions of
Southwest Florida, hereinafter referred to as the "Agency" and, Collier County Services for
Seniors, hereinafter referred to as the "Case Management Agency". This Referral Agreement is
in effect for a period of time that is equal to the Medicaid waiver provider's enrollment pcriod
with the State of Rorida's Medicaid fiscal agent. The purpose of this agreement is to enable
eligible elderly participants to receive case management services from qualified providers with
oversight of the quality of care by the Medicaid Waiver Specialist employed by the Agency.
These services are authorized in order that the participant may remain in the least restrictive
setting and avoid or delay premature nursing home placement. Services and care are to be
furnished in a way that fosters the independence of each participant to facilitate aging in place.
All parties agree that routines of care provision and service delivery must be consumer-driven to
the maximum extent possible. All parties agree to and will treat each participant with dignity
and rcspect.
I. Objectives
A. To maintain a climate of cooperation and consultation with and between agencies, in
order to achieve maximum efficiency and effectiveness.
B. To participate together by means of shared information in the development and expansion
of services.
C. To promote programs and activities designed to prevent the premature institutionalization
of elders and disabled adults.
D. The parties of this Agreement will provide technical assistance and consultation to each
other on matters pertaining to actual service delivery and share appropriate assessment
information and care plans so duplication may not occur.
E. To establish an effective working relationship between the Case Management Agency
that is responsible for the development of care plans and authorization of services
available under the waiver, the Assisted Living Facility that is responsible for the direct
provision of those services to consumers served under the waiver program, and the
Agency that is responsible for management and oversight of the waiver program.
II. Under this Agreement, Agency agrees to the following:
A. To facilitate the enrollment of providers with the Medicaid Fiscal Agent.
B. To provide technical assistance and training to the Case Management Agency.
C. To provide on site monitoring of the Case Management Agency at least semi-annually.
D. Monitor and project provider expenditures to assure spending is maintained within
spending authority.
E.To regularly participate in mandated core training for ALF operators as coordinated by
DOEA Trainers located within each PSA providing information pertinent to the Assisted
Living for the Frail Elderly Medicaid Waiver.
1
Agenda Item No. 16D6
June 22, 2004
Page 3 of 5
III. Under this Agreement, the Case Management Agency agrees to the following:
A. Assign qualified case managers who have successfully completed core training to provide
case management under the Assisted Living for the Frail Elderly Medicaid Waiver and
meet the minimum qualifications as contained in the Assisted Living for the Frail Elderly
Medicaid Waiver. Case managers must complete such training within six months of
being assigned to the Assisted Living for the Frail Elderly Medicaid Waiver.
B. Develop and implement the Plan of Care specifically outlining the service(s) to be
delivered which must be signed by the resident, ALF administrator or representative of
ALF's nursing staff, and the Case Manager and provided to the ALF for their files.
C. Be available to the ALF for case staffing of the referred ease and provide narratives
describing the contents of such staffing for the case record.
D. Provide on site case management activities with the resident and the ALF staff monthly
and note the resident's progress and receipt of services as evidenced by the facility
Service Activity Plan and resident log entries; changes in the residents Activities of
Daily Living, Instrumental Activities of Daily Living; and certify continuing
participation in the program based on the observations. A case file must be maintained at
the Case Management Agency describing the case management activities.
E. Review the Care Plan quarterly with the resident. hislher family if applicable, and the
ALF facility staff.
F. Provide the assisted living facility with a copy of the Comprehensive Resident
Assessment, any subsequent Reassessments and Plans of Care.
G. Adhere to the policies and procedures as outlined in the following manuals published by
the Agency for Health Care Administration: Assisted Living Medicaid Waiver Guidelines
and the Medicaid Provider Reimbursement Handbook (Non-Institutional 081), including
any and all attachments or updates.
H. Provide to the Agency a monthly summary of Assisted Living Case Management
expenditures billed and accrued.
I. Provide consumers with a list of all qualified Service providers.
J. Develop and implement a policy to ensure that its employees, board members, and
management, will avoid any conflict of interest or the appearance of a conflict of interest
when disbursing or using the funds described in this agreement or when contracting with
another entity, which will be paid by the funds described in this agreement. A conflict of
interest includes, but is not limited to, receiving, or agreeing to receive, a direet or
indirect benefit, or anything of value from a service provider, consumer, vendor, or any
person wishing to benefit from the use or disbursement of funds. To avoid a conflict of
interest, the Case Management Agency must ensure that all individuals make a disclosure
to the Agency of any relationship which may be a contlict of interest, within thirty (30)
days of an individual's original appointment or placement on a board, or if the individual
is serving as an incumbent, within thirty (30) days of the commencement of the contract.
K. To submit void or adjustment claims no later than 45 days after the error has been
identified by either party. Any error not adjusted or voided within 45 days may be
adjusted or voided by the Agency. The Case Management Agency's refusal to adjust or
void erroneous claims will result in tennination of this agreement.
2
Agenda Item No. 16D6
June 22, 2004
Page 4 of 5
IY. Termlnatioll
In the event this a~ment is terminated, the Case Management Agency agrees to submit, at the
time notice of intent to terminate is delivered, a plan that identifies procedures to ensure services
to consumers will not be interrupted or suspended by the tennination.
A Termination at Will
This agreement may be terminated by either party upon no less than thirty (30) calendar
days notice, without cause, unless a lesser time is mutually agreed upon by both parties,
in writing.
Said notice shall be delivered by certified mail, return receipt requested, or in person with
proof of delivery.
B. TeniUnation Because of Lack of Funds
In the event funds to finance this agreement become unavailable, the Agency may
terminate this agreement upon no less than twenty-four (24) hours notice in writing to the
other party. 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.
C. Termination for Breach
Unless a breach is waived by the Agency in writing, or the parties fail to cure the breach
within the time specified by the Area Agency, the Area Agency may, by written notice to
the parties, texminate the agreement upon no less than twenty-four (24) hours notice.
Said notice shall be delivered by certified mail, return receipt requested, or in person with
proof of delivery.
In witness whereof, the parties have caused this ..L.. page agreement to be executed by their
undersigned officials as duly authorized.
COLLIER COUNTY SERVICES FOR SENIORS
CASE MANAGEMENT AGENCY BY:
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
Chairman, Board of County Commissioners
By:
Approved as to fonn and
legal sufficiency
SENIOR SOLOUTIONS OF SWFL AREA
AGENCY ON AGING
By:
Leigh Wade,
Executive Director
Witness:
Print Name:
3
3
Agenda Item No. 1606
June 22, 2004
Page 5 of 5
.-"'-
EXECUTIVE SUMMARY
Recommendation to approve the Home and Community Based Waiver Case Management
Referral Agreement and authorize the Chairman to sign the contract between Collier
County Board of County Commissioners and the Area Agency on Aging, Inc. D/B/A Senior
Solutions of Southwest Florida.
OBJECTIVE: The execution of this agreement is necessary for unintenupted support services
to Services for Seniors' frail, elderly clients.
CONSIDERATIONS: For the past 12 years, Collier County Services for Seniors has been
providing in-home support services to Collier County's frail elderly through this State and
Federally funded program. This referral agreement requires Services for Seniors to provide case
management under the Medicaid Home and Community Based Waiver for Aged and Disabled
Adults. This program allows for the continued delivery of home and community based services
such as homemaking, personal care, respite care, and case management services to the County's
frail elderly preventing costly and permanent nursing home care. The majority of these clients
would be unable to remain in their homes without this help. The program requires no local
matching funds. This agreement is in effect for the period July 1,2004 through June 30, 2005.
GROWm MANAGEMENT: There is no growth management impact from this
recommendation.
-,
FISCAL IMPACT: There is no direcl fiscal impacl from Lhis recommendation. All budgeted
costs are reimbursed through requests for payment (claims) to the State of Florida Medicaid fiscal
agent. This program requires no local cash matching funds.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners
approve the Home and Community Based Waiver Case Management Referral Agreement and
authorize the Chainnan to sign the contract. The contract has been reviewed and approved by the
County Attorney.
..,..-....
Agenda Item No. 16D7
June 22, 2004
Page 1 of 5
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1607
Recommendation to approve the Home and Community Based Waiver Case
Management Referral Agreement and authorize the Chairman to sign the
contract between Collier County Board of County Commissioners and the Area
Agency on Aging, Inc. D/B/A Senior Solutions of Southwest Florida.
6/22/2004 9:00:00 AM
Prepared By
Terri A. D~miels
Public Services
Grants Coordinator
6/91200411:15:53
AM
Human Services
Approved By
Marla Ramsey
Public Services
Parks & Recreation Director
Date
Parks and Recreation
6/11/20044:07 PM
Approved By
Gary A. VIncent
County Manager's Office
Management & Budget Analyst
Date
Office of Management & Budget
6114/20049:21 AM
Approved By
Micha~1 Smykowskl
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
6114/200410:46 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6115/2004 3:43 PM
A pproved By
Barry Williams
Public Services
Human Services Director
Date
Human Services
6i9f2004 1:56 PM
e_
Agenda Item No. 16D7
June 22, 2004
Page 2 of 5
HOME AND COMMUNITY BASED WAIVER
CASE MANAGEMENT REFERRAL AGREEMENT
This Referral Agrecmcnt made this 1st day of July, 2004, bctwccn Senior Solutions of
Southwest Florida, hereinafter referred tu as the "Agency" and, Collier County Services for
Seniors, hereinafter referred to as the "Case Management Agency". This Referral Agreement is
in effect for a period of time that is equal to the Medicaid waiver provider's enrollment period
with the State of Florida's Medicaid fiscal agent The purpose of this agreement is to enable
eligible elderly participants to receive case management services from qualified providers with
oversight of the quality of care by the Medicaid Waiver Specialist employed by the Agency.
These services are authorized in order that the participant may remain in the least restrictive
setting and avoid or delay premature nursing home placement. Services and care are to be
furnished in a way that fosters the independence of each participant to facilitate aging in place.
All parties agree that routines of care provision and service delivery must be consumer-driven to
the maximum extent possible. All parties agree to and will treat each participant with dignity
and respect.
I. Objectives
A. To maintain a climate of cooperation and consultation with and between agencies, in
order to achieve maximum efficiency and effectiveness.
B. To participate together by means of shared information in the development and expansion
of services.
C. To promote programs and activities designed to prevent the premature institutionalization
of elders and disabled adults.
D. The parties of this Agreement will provide technical assistance and consultation to each
other on matters pertaining to actual service delivery and share appropriate assessment
information and care plans so duplication may not occur.
E. To cstablish an cffcctivc working relationship betwcen the Case Managemcnt Agency
that is responsible for the development of care plans and authorization of services
available under the waiver, the service provider that is responsible for the direct provision
of those services to consumers served under the waiver program, and the Agency that is
responsible for management and oversight of the waiver program.
II. Under this Agreement, the Agency agrees to the following:
A. To facilitate the enrollment of providers with the Medicaid Fiscal Agent.
B. To providc tcchnical assistance and training to the Casc Managemcnt Agency.
C. To provide on site monitoring of the Case Management Agency at least semi-annually.
D. To monitor and project Provider expenditures to assure spending is maintained within
spending authority.
m. Under this Agreement, the Case Management Agency agrees to the following:
A. Assign qualified case managers as contained in the Aged and Disabled Adult Medicaid
Waiver to provide case management under the Medicaid Home and Community Based
Waiver for Aged and Disabled Adult.
1
Agenda Item No. 1607
June 22. 2004
Page 3 of 5
.--.
B. Develop and implement the Plan of Care specifically outlining the service(s) to be
delivered, which must be signed by the consumer.
C. Reevaluate the Plan of care at least every six. months or more frequently if changes in the
consumer's condition or the services being received have changed significantly, and make
changes to authorized services and/or service providers as needed.
D. Adhere to the policies and procedures as outlined in the following manuals published by
the Agency for Health Care Administration: Aged and Disabled Adult Waiver Guidelines
and the Medicaid Provider Reimbursement Handbook (Non-Institutional 081), including any
and all attachments or updates.
E. Provide to the Agency a monthly summary of Aged and Disabled Adult Medicaid Waiver
ex.penditures billed and accrued.
F. Refer consumers to any qualified Service Provider as selected by the consumer.
G. Issue written service authorizations to the service provider with at least 24 hours notice.
The referral will contain at a minimum:
1. Name
2. Address (with directions if not easily accessible)
3. Pertinent information regarding consumer's health or disabilities and living
situation
4. Detailed service description including frequency, duration and specific tasks to be
performed.
H. Evaluate quality of services and service documentation by the service provider
I. Aceept financial responsibility for service claims found out of compliance if the non-
compliance was the result of a failure by the Case Management Agency to update, renew, or
terminate the service authorization.
J. Monitor service providers for adherence to authorized care plans and authorized
reimbursement rates.
K. Develop and implement a policy to ensure that its employees, board members, and
management, will avoid any conflict of interest or the appearance of a conflict of interest
when disbursing or using the funds described in this agreement or when contracting with
another entity, which will be paid by the funds described in this agreement. A conflict of
interest includes, but is not limited to, receiving, or agreeing to receive, a direct or indirect
benefit, or anything of value from a service provider, consumer, vendor, or any person
wishing to benefit from the use or disbursement of funds. To avoid a conflict of interest, the
Case Management Agency must ensure that all individuals make a disclosure to the Agency
of any relationship which may be a conflict of interest, within thirty (30) days of an
individual's original appointment or placement on a board, or if the individual is serving as
an incumbent, within thirty (30) days of the commencement of the contract.
L. To submit void or adjustment claims no later than 45 days after the error has been
identified by either party. Any error not adjusted or voided within 45 days may be adjusted or
voided by the Agency. The Case Management Agency's refusal to adjust or void erroneous
claims will result in termination of this agreement.
IV. Under this agreement, the following services will be delivered by the Service provider In
accordance with the plan of care or service authorization:
Service Unit Rate (hourly) CountylRegion Served
2
Agenda Item No. 16D7
June 22,2004
Page 4 of 5
IV. Terminatioa
In the event this agreement is terminated, the Case Management Agency agrees to submit, at the
time notice of intent to terminate is delivered, a plan which idenlifies procedures to ensure
services to consumers. will not be interrupted or suspended by the termination.
A. Termination at Will
This agreement may be terminated by either party upon no less than thirty (30) calendar
days notice, without cause, unless a lesser time is mutually agreed upon by both parties,
in writing. Said notice shall be delivered by certified mail, return receipt requested, or in
person with proof of delivery.
B. Tennination Because of Lack of Funds
In the event funds to finance this agreement become unavailable, the Agency may
terminate this agreement upon no less than twenty-four (24) hours notice in writing to the
other party. 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.
C. Termination for Breach
Unless a breach is waived by the Agency in writing, or the parties fail to cure the breach
within the time specified by the Area Agency, the Area Agency may, by written notice to
the parties, terminate the agreement upon no less than twenty-four (24) hours notice.
Said notice shall be delivered by certified mail, return receipt requested, or in person with
proof of delivery.
In witness whereof, the parties have caused this ~ page agreement to be executed by their
undersigned officials as duly authorized.
COLLIER COUNTY SERVICES FOR SENIORS
CASE MANAGEMENT AGENCY BY:
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FWRlDA
By:
Deputy Clerk
By:
Chainnan. Board of County Commissioners
Approved as to fonn and
legal sufficiency
SENIOR SOLOUTIONS OF SWFL AREA
AGENCY ON AGING
;;# p 4-A-
Assistant County Attorney
By:
Leigh Wade,
Executive Director
Witness:
Print Name:
3
3
Agenda Item No. 1607
June 22, 2004
Page 5 of 5
,~t;:11'4t;'e'lit",
EXECUTIVE SUMMARY
Recommendation to approve the budget amendment for $7,500 to initiate
the grant awarded to the Collier County Public library for a Summer
Library Reading Partnership Project, from the Florida Department of State,
Division of Library and Information Services.
OBJECTIVE: Approval of the budget amendment, placing the $7,500 LST A grant
award for the Library's Summer Library Reading Partnership Pilot for Summer 2004 into
expense accounts.
.-
CONSIDERATIONS: In the Consent Agenda of its March 23, 2004 Meeting, the BCC
authorized the Chair to sign the grant agreement from the Florida Department of State,
Division of Library and Information Services, awarding Collier County Public Library
$7,500.00 for a Summer Reading Partnership Pilot Project (16.D.4). On April 29, 2004
the State of Florida electronically transferred this amount to the Library's State Aid Fund
(129). The budget amendment will permit funds to be spent for items such as library
materials, reading incentives, travel expenses and program publicity for summer reading
programs throughout the county.
FISCAL IMPACT: The grant provides funds to support existing Children's library
programs. All monies will be expended in FY2004. Funds will be expended from the
Library's State Aid Fund (Fund 129).
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Staff recommends Board of County Commissioners approve
the budget amendment.
-
Agenda Item No. 1608
June 22, 2004
Page 1 of 2
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
_.
Item Number
'!6D8
Item Summary
Rer."mmendation to approve tne hudget anlr:ncment tor $'1,500 t" initiate tt'l~
']rnnt awarded to the CoHir:r County Public Librarl for a Sun',mer Librmy
Rer:ding Partne~h;p Project, fron-, tne Flmidr: f)epal1ment Gf Statr:, D!\iision of
Library and Information SeN!c.1s,
Meeting Date
fii22f2004 9:0~):OO AM
Prepered By
Marilyn Norris
Librar,! ::.xtens;on Ser\i;Ce5 Managof
5s26!21}1}44:46:2'1
PM
Public Services
Librar,!
Approved By
MarHyr' Matth<i$
Ubr...'y Atll:Iil:lt?ot. Oirt>dor
Oatt>
Public Sllr...lc$$
l.ib"Mjf
6i'!i20i14 2:40 PM
Approved By
Manllne J. Fourd
GranU'; CO"~fdil'~atQ:'
O.lt...
Admlnlstrattllo Serlllces
Admin!!.tratl\iii Se:"\il,:os Admin.
G1112(Hl4 4:09 PM
Approved By
Kathy Md.arty-Carpenter
e.x;;cutive Secretary
L'ate
Plsblh.~ Sflrvi~~e\l
Pub!:;; Servi"t>l:I ,Il..dmin.
61112(104 4:'!5 PM
Approved By
p;o,t l.t>hnha''d
Admln,,,,frative A\lsi\lbrH
Oatt>
C<,,,snty Man.~!ia"s Offic$
Offica of MMJagllnh'!nt So a\.dgat
6i'!Oi20i)4 ~:04 PM
Approved By
Gary A. Vln.::.:nt
Managem!':nt 2. Budget Analyst
Oato
County Manaij;;r's ()ffice
ottir.:& of Mana~ement & Budij;;t
ul13!21}1}41Z:1(1 ?M
Approved By
Michael SmykOlo'i$ld
Management .& B\:dij;;t D!re~Gr
Date
Cr"tnfy Manaser's Office
O;fk.e of M,.,lagfllfl<int /!, BJ;dset
611312(1(143;41 PM
Approved By
Jall'le.. V. Mudd
COI.lllty Manager
Oatil
a,),ud ,)1 County
C,)m miss i')!J$rs
County Manager's OffiCII
511412GG412:42 PM
Approved By
John Dunnuck
Pub;,!; SIl''';!;'''S Admi:listratur
O'lt...
Public Services
i"ub::c S!':rvices Admin.
GI2120041;';8 PM
--.
Agenda Item No. 16D8
June 22, 2004
Page 2of2
EXECUTIVE SUMMARY
RECOMENDATION TO APPROVE A REQUEST FOR A VOLUNTEER
COORDINATOR POSITION AT DOMESTIC ANIMAL SERVICES
OBJECTIVE: To gain the Board of County CornmissiQl1Ct:s appr<>val Jor a Volunteer
CoordinatQrposition at Domestic Animal Services (DAS).
CONSIDERATION:
Domestic Animal Services is an orgcmization that can benefit greatly through the u~ of
v()lunteers and foster homes for pets. The aninw.I services volunteers in our GOll1munity
are an untapped resource that can function as greeters. fund-raisers. dog walkers.
groomers, adoption couilselors, foster home parents and ultimately goodwill ambassadors
for DAS. The endiesult of developing and maintainillga strong volunteer program is the
adoption of more animals. '
,-
The V ohinteer Coordinator will be responsible for stnicturing and implemeilting a
successful volunteer program that will educate the community to the needs (lEthe animals
at Domestic Animal Services as well as encourage voluilteerism. In addition to
recruitment and supervision, the Volunteer Coordinator will also be responsible for
buildinga.networl< of foster homes forpets, permitting approved individuals to care for
DAS animals ,at home until they are old enough or well enough to be adopted. A strong
foster cate network will ultimately allow DAS to place more animals in the community.
reducing the number of animals that are euthanized.
The first year goat of the volunteer program will be torecruit200 volunteers, donating
approximately 10,000 hours (about five full time equivalent positions.)
FISCAL IMPACT:
The Volunteer Coordinator position would be ~lassified at Grade 12. with a starting
salary of $27.120. Funds are available in the existing Domestic Animal Services budget
(001), and have also been tentatively budgeted forFY05.,
,GROwm MANAGEMENT IMPACT: None
RECOMMENDATION: To approve the request for a DOtnestic Animal Servic.es
Volunteer Coordinator.
~-
Agenda Item No. 1609
June 22, 2004
Page 1 of 2
.".-.~
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1609
Recommendation to approve a request for a Volunteer Coordinator position at
Domestic Animal Services (DAS).
6/22i2004 9:00:00 AM
Prepared By
Lizabeth Walsh
County Manager's Office
Assistant to the County Manger
61141200411:41:36
AM
County Manager's Offic~
Approved By
Marla Ramsey
Public Services
Parks & Recreation DIrector
Oat.e
Parks and Recreation
6/15/2004 8:33 AM
Approved By
Pat Lehnhard
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
6115120049:01 AM
A pproved By
Gary A. Vincent
County Manager's Office
Management & Budget Analyst
Date
Office of Management & Budget
611512004 9:23 AM
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
6/15/20049:51 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Ma.nager's Office
6/15/200412:33 PM
,.......-....
Agenda Item No. 1609
June 22, 2004
Page 2 of 2
,,'-'"
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment in the amount of
$10,080 and enter into a coaperatlveagreement with the Hunger and
Homeless Coalition to participate In the Information Network for the
Community of ColllarCounty (INCCC). This agreement provides for the
reimbursement of hardware and software costs.
OBJECTIVE: That the Board of County Commissioners authorizes the chafrman to
enter into a cooperative agreement with the Hunger and Homeless Coalition to participate
ili the Information Network for the Cotnm.unity o.f Collier Couiltyand be reimbursed
$10.0.80. for hardware and software expenses related to the information network.
CONSIDERATION: The Hunger and Homeless CoalitiQn is,a501(c)(3) not-for-profit
organization with over 50 member agencies that provide services to individuals who are
homeless. disadvantaged. 01' below the federal poverty guidelines. The Coalition seeks to
establish an information network in order to more efficiently provide services to Collier
County citizens in need.
,-
The Hunger and Homeless Coalition has received Community Development BlockGrant
funding through the, Collier Courtty Finance and Housing Administration Department to
provide for six (6) pilot agencies to develop a managementintQrmation system to allow
ror improved efficiency in providing Human ServiceS to both homeless and individuals in
need of SQCial service assistance. The Human. SeJ;"Vices Dcparttnent is one Of the six
organizations that have expressed interest.in participating in this pilot network.
In participatirtgirt the network. Corn.munity Development Block Grant funds are
available to purchase hardware and software necessary to work within the network. The
Hunger and Homeless Coalition, through thisagreemen~ will reimburse Collier County
Govemment$1O.080 for the purchase of said equipment. A budget amendment is
required tQrecognize and appropriaie funds received for this project.
FISCAL IMPACT: Through this Agreement, Collier County Government will purchase
hardware and software at a total cost of $10,080 and will be reimbursed the full amount
from the Hunger and Homeless Coalition f(ir participating in the .Information Network of
Collier County, No county matching funds are required.
GROWTH MANAGEMENT IMPACT: There is nQ direct impact on the Growth
Management Pla.n.
-
RECOMMENDATION: That the Board of County Commissioners approves the
budget amendment and authorizes the chairniart to enter into an agreement with the
Hunger and Homeless Coalition to participate, in the Information Network for the
Community of Collier County and receive reimbursement for their participation in the
amount of $10,080.
Agenda Item No. 16D10
June 22,2004
Page 1 of 14
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
SOARD Of' COUNTY COMMISSIONF.,RS
16010
Recommendaticn to arrrov" a budget "rn,1ndment in thf: amcunt of ;f':O.080
and Grote:- intc;. a ':A1..::parati\fG; agre~lmGr.t Wi1h the Hunger t":nd t-"h1i?l-3h15S
Coal!t:on to partk';ipatH in trH3, ln~onr~dt:t.Jn N~rw';.:~rk for the Cornmur::!y of CotliBr
County (INCCC), This agr;,r.m~nt pro\iides for Ih~ rei:llburs..m~nt of hdrdw"'f~
and software (;o,):'.ts.
6/22.12004 9:C'O'OO AM
Prepared By
Barry Williams
P"blit; S<.m;';;'HJ
H~man S~rvj(;e>l Director
6!11rJ.;;(I~ 9:~t't1~
AN.
iiurnan Sp.rvices
Approved By
Kelll"YW",,(!
Administratlve S':'rvl<X's
SenIor P~r-:haslng and Contract,
Agent
Datlll
Pure hasing
1)!11,,,004 12:04 PM
Approved By
Gwt'1l0utl"r
Adm:r!:strativfI S~u"icli!,t.
$'tlrt;h~"ing $upervi5cr
Oatlll
Pt:rr,;h1ilsifl\l
c;J11l2()(1-! 12:07 PM
Approved By
B.lI...Y Axelmd
Adrro;,..,t.:attVfl ~:p.Nices
lnformaticn Teclmology Director
Oat..
;nfl)rmatlcn rl':dmology
t;l11/20<)4 1 :29 PM
Approved By
Tammy Sm;tll
Admlr:lst,..,ti"e S~rvjU!$
i)...H\.;l\(l!!i!f;i. Appiications Manager
Elat."
;"fcflnatlon T ~!.t!(l<lI<l!lY
6111:2004 3;33 PM
Date
Approved By
Kay Neil, CLA
CC!'tmty M~nase:"'s Off:ce
L~~<;l Assistant
CC'lunt.y Attorney O!f't;"
6!1~r;'(il!~ ?;33 Nil
Approved By
Rubtlrt N. Zachary
COu"ty M~n~~r'$ Off:..:e
A.loti$tant CQunt)' A!~um"'y
Data
C!>lJnty Att<lrney OffiCII
ii!15/2004 2;36 PM
Approved By
Park!> '" Recf':'atloi'l Oiroctor
Date
M<;na Ramse)'
Publir. S~n;';;"!J
Park.,> an" s,;l':Cfp.3tiC'ln
lli1S/20<)44;41 PM
Approved By
G~IY A. Vine"n!
Count}' Manager's OffiCII
ManaCl':ml':nt /I. S:Jd{l"! AnalY1>t
naifl
Offi!... of Management & Sudg(.-t
6!15/2004 ~;5; PM
Approvetl By
Mi::!1ae; Smyknwsk.i
Cetlnty MP.MSl':"':!l orf:-Cl':
!llilnll!i~ment 3. Budget Dir<:.:tof
Date
omClil cf Manl<\Illmlilnt & Budij.n
c;i15!7.r,o,! 5;~0 PM
Approved By
J1iImll:!lV. Mudd
-
Beard cf Ce,mty
CI)'F"l''>!Jll)r;..rs
ComIty Man1il{I"r
Oau.
County Manag"r's Cttice
1)!15!2004 E;;35 PM
Agenda Item No, 16010
June 22, 2004
Page 2 of 14
Exhibit "An
Scope of Work
In this Agreement, "Partner Agency" is an agency participating in the INCCC.
"Cllent" is a consumer of services. COWER COUNTY, hereinafter referred to as
the "COUNTY," is the agency named in this Agreement. The COlUER COUNTY
HUNGER AND HOMElESS COAlITION, referred to herein as the "COiHC," is
the organization designated to serve as the lead agency for the Information
Network for the Community of Collier County (hereinafter the "INCCC"), who is
represented by its Project/Manager/System Administrator (hereinafter the
"Administrator) for the INCCC project.
I. Confidentiality and Client Notification procedures
A. The COUNTY, the CCHHC, and all participating Partner Agendes shall
uphold relevant federal and state confidentiality regulations and laws that
protect client records and shall only release client records with written
consent by the Client, unless otherwise provided for in the regulations.
B. The COUNTY, the CCHHC, and all participating Partner Agencies shall abide
specifically by federal confidentiality regulations as contained In the Code
of Federal Regulations, 42 CFR Part 2 regarding disclosure of alcohol
and/or drug abuse records. In general terms, the federal rules prohibit the
disclosure of alcohol and/or drug abuse records unless disclosure Is
expressly permitted by written consent of the person to whom It pertains
or as otherwise permitted by 42 CFR Part 2, 45 CFR 160 - 164, and HIPAA
Privacy Rules Part 2.
A general authorlzatlon for the release of medical or other information is
not sufficient for this purpose. The COUNTY, the CCHHC, and all
participating Partner Agendes understand the federal rules restrict any use
of the information to criminally Investigate or prosecute any alcohol or drug
abuse patient.
C. The COUNTY shall provide to clients a verbal explanation of the INCCC
database, its use for the collection of unduplicated client Information and
Its ability to produce aggregate client data on the system of service
delivery.
D. The COUNTY shall provide to clients a verbal explanation on the terms of
consent and shall arrange for a qualified interpreter or translator In the
event that an individual is not literate In English and has difficulty
understanding the consent form.
Agenda Item No. 16D10
June 22, 2004
Page 3 of 14
E. The COUNTY, the CCHHC, and all participating Partner
Agencies shall not solicit or Input Information from clients Into the INCCC
unless It Is essential to provide services, to meet reporting requirements, to
conduct evaluation or to support research.
F. The COUNTY, the CCHHC, and all partIcipating Partner Agencies agree not
to release any confidential Information received from the INCCC to any
organization or Individual without proper client consent.
G. The COUNTY, the CCHHC, and all participating Partner Agencies shall
ensure that their respective staff that are Issued a user 10 and password
for INCCC receive basic confidentiality training and signs the requisite User
Agreement.
H. The COUNlY, the CCHHC, and all participating Partner Agencies
understand that the client data will be encrypted at the server level using
encryption technology.
I. The COUNTY, the CCHHC, and all participating Partner Agencies
understand that the file server, which will contain all client Information,
Including encrypted identifying ciient Information, will be located at the
software vendors facility.
J. The COUNTY shall not be denied access to client data entered by the
COUNTY. Partner Agencies are bound by all resbictions placed upon the
data by the client The COUNTY shall diligently record In the INCCC all
restrictions requested by the client. The COUNTY, the CCHHC, and all
participating Partner Agencies shall not knowingly enter false or misleading
data under any circumstances.
K. Prior to granting a Partner Agency access to the INCCC program, the
CCHHC shall require the Agency execute a user agreement, which
agreement shall outline the provisions contained in this Scope of Work.
The user agreement shall be properly executed by the officers of the
Partner Agency.
L. If this Agreement is terminated the non-terminating party and remaining
Partner Agencies shall maintain their right to the use of all client data
previously entered by the terminating party subject to any restrlctlons
requested by the client.
M. The COUNTY will utilize the INCCC Client Consent/Information Release
form as developed in conjunction and coordination with Partner Agencies
or its own form, which shall be provided as an attachment to this
Agreement.
'}
Agenda Item No. 16D10
June 22, 2004
Page 4 of 14
N. The COUNTY will have all clients sign the release form authorizing client
data that Is entered into the INCCC to be shared with INCCC Partner
Agencies.
O. If a client withdraws consent for release of information, the COUNTY
remains responsible to ensure that client's Information Is unavailable to all
other Partner Agencies.
P. The COUNTY shall keep signed caples of the Client Consent
Form/Information Release forms for INCCC for a period of three years.
Q. Approval or denial of services to a client rests with the COUNTY and is not
contingent upon the client's willingness or unwillingness to have
information shared.
II. System Use
A. 'The COUNTY shall maintain Its own reliable access to the Internet through
either dial-up, DSL, ISDN or cable modem accounts. The COUNTY shall
also be responsible to upgrade its web browser to the most current version
if requested by the Administrator.
B. The COUNTY, the CCHHC, and all participating Partner Agencies shall not
give or share assigned passwords and access codes for the INCCC
database with any other agency, business or individual.
C. The COUNTY, the CCHHC, and all participating Partner Agencies that
receive access to INCCC program shall not cause In any manner or way,
corruption of the INCCC database.
D. The COUNTY shall immediately notify the Administrator of all personnel
changes Involving Its staff that is authorized to have access to the client
data in the INCCC.
E. The COUNTY will assign and ensure the active participation of a
representative of the COUNTY to serve on the INCCC committee to govern
the operation and administration of the collaborative system.
III. Data Entry and Information Collected/Shared
A. The COUNTY, the CCHHC, and all partldpating Partner Agendes that
receive access to INCCC program shall follow, comply with and enforce the
User Agreement Polity, Responsibility Statement, Client Confidentiality
Standards, & Code of Ethics for the Information Network for the
1
Agenda Item No. 16010
June 22, 2004
Page 5 of 14
,,-
Community of Collier County, Rorida. Modifications to the User Agreement
shall be established in consultation with Partner Agencies and may be
modified as needed for the purpose of the smooth and efficient operation
of the INCCC. The Administrator will announce approved modifications in a
timely manner via the INCCC Partner Agency Iistserv.
B. The COUNTY shall only enter Individuals In the INCCC database that exist
as clients under the COUNTY'S jurisdiction. The COUNTY shan not
misrepresent its dlents or services in the INCCC by entering known,
inaccurate Informatjon.
C. The COUNTY shall use dlent information In the INCCC, as prOVided to the
COUNTY or partner agencies, to assist the COUNTY In providing adequate
and appropriate services to the client.
D. The COUNTY shall consistently enter Information into the INCCC database
and will strive for real-time, or close to real-time data enby.
E. The COUNTY shall at a minimum enter client data as are Included In the
HUD Standards and Rules published In the Federal Register: Vol. 68, No
140, July 22, 2003, summarized in the standard Intake form for INCCC
agencies.
F. The COUNTY shall also Input client Information related to housing bed
referrals and use and to the greatest extent possible, data necessary for
the development of aggregate reports on homelessness, I.e., services and
referrals provided and client goals and outcomes.
G. The COUNTY, the COiHC, and all participating Partner Agencies shall not
alter Information In the INCCC database that is entered by another Agency
with known, Inaccurate information, (I.e., COUNTY, the CCHHC, and all
Partner Agencies will not purposefully enter inaccurate Information to over-
ride information entered by another Agency).
H. The COUNTY, the CCHHC, and all participating Partner Agencies shall not
Include profanity or offensive language In the INCCC.
I. The COUNTY, the CCHHC, and all participating Partner Agendes that
receive access to INCCC program shall utilize the INCCC database for
business purposes only.
J. The Administrator will provide initial training, training materials and/or
documentation and periodic training updates to COUNTY staff concerning
the use of the INCCC software.
.-
4
Agenda Item No. 16D10
June 22, 2004
Page 6 of 14
K. The Administrator will be available for technical assistance within reason,
I.e., troubleshooting and report generation.
L. The transmission of material in violation of any federal or state regulations
is prohibited. This Includes, but Is not limited to, copyright material,
material legally judged to be threatening or obscene, and material
considered protected by trade secret.
M. The COUNTY, the COtHC, and all participating Partner Agencies shall not
use the INCCC database with intent to defraud federal, state, or local
governments, Individuals, or entities, or to conduct any illegal activity.
N. The CCHHC will provide funding for the initial year of INCCC start up and
operating costs.
O. All participating agencies will be responsible for their Individual user's
license fees effective July 1, 2005, provided other means of funding
through grants and donations have not been secured or do not cover all of
the INCCC budget.
P. The COUNTY, the CCHHC, and all participating Partner Agendes that
receive access to INCCC program shall ensure that Its users with access to
the INCCC will not use the Information for personal gain or to assist others
In profiting from the Information.
IV. Information Access
A. The COUNTY shall retain access to identifying and statistical data on the
clients it serves.
B. The COUNTY'S and the CCHHC'S access to data on clients it does not serve
and who have not agreed to release of Information to Partner Agencies
shall be limited to non-identifying and statistical data.
C. The COUNTY or the CCHHC may make aggregate data available to other
entitles for funding or planning purposes pertaining to providing services to
homeless persons; however, such aggregate data shall not directly Identify
Individuals clients.
z;
Agenda Item No. 16010
June 22, 2004
Page 7 of 14
-,,-,,-,
D. The COUNTY understands that the Administrator shall have rights to view
client identified information purely for the purposes of ensuring data
integrity while other staff at CCHHC will have access only as provided for ,
by partner agencies.
E. The Administrator will use only unidentified, aggregate INCCC generated
data to demonstrate the need for and effectiveness of programs and to
obtain a system-wJde view of program utilization In the County. These
reports will be provided upon request for use for homeless policy and
planning decisions and tor community efforts related to preparing federal,
state, or local applications for homelessness funding.
v. Terms and Conditions
A. The COUNTY, the CCHHC, and all participating Partner Agencies shall not
transfer or assign any rights or obligations without the written consent of
the other parties.
B. This Agreement shall be in-torce until revoked In writing by any party.
C. This Agreement may be terminated with 30 days written notice.
,....-
t:.
Agenda Item No. 16010
June 22, 2004
Page 8 of 14
Description
Desk Top Computers
Laptop w/Docking Station
UPS
Total
Software
Grand Total
Exhibit "B"
Project Budget
QTY Amount ea
5 $ 1,334.00
1 $ 2,532.00
6 $ 69.99
$ 3,935.99
1 $ 458.35
Total
$ 6,670.00
$ 2,532.00
$ 419.94
$ 9,621.94
$ 458.35
$10,080.29
Software
Office 2003 Professional 1 $ 306.25 $ 306.25
Antivirus Corporate 1 $ 14.20 $ 14.20
Symantec Ghost Corporate 1 $ 12.77 $ 12.77
Windows XP Professional 1 $125.13
Total $ 458.35 $ 333,22
Agenda Item No. 16D10
June 22, 2004
Page 9 of 14
~
COOPERATIVE FUNDING AGREEMENT
BElWEEN COLLIER COUNTY AND THE
COLUER COUNTY HUNGER AND HOMELESS COALITION
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into this
day of June, 2004, by and between COLUER COUNTY (hereinafter referred to as
the "COUNTY"), a political subdivision of the State of Florida, whose address is
3301 East Tamiami Trail East, Naples, Florida 34112, and the, COLUER COUNTY
HUNGER AND HOMELESS COALITION (hereinafter referred to as the "CCHHC"),
a Not-for-Profit Florida Corporation, whose address is P.O. Box 9202, Naples,
Florida 34102-9202. This Cooperative Funding Agreement is made for
participation in the Information Network for the Community of Collier County
(hereinafter referred to as the "INCCC'').
WITNESSETH:
WHEREAS, The CCHHC and the COUNTY desire to participate within the INCCC.
WHEREAS The INCCC allows for the sharing of client information for the
provision of services In Coll1er County through a networked infrastructure that
establishes electronic communication among Partner Agencies.
;-~
WHEREAS, The INCCC provides a standardized assessment of consumer needs,
supports the creation of individualized service plans and records the use of
housing and other related services.
WHEREAS, the purpose of the INCCC is to improve the level of service to clients
by increasing communication among the staff of Partner Agencies to reduce
duplication of Information and decrease referrals and contacts with inappropriate
agencies; to broaden knowledge of available community resources and decrease
the time spent producing necessary reports; and to provide valid planning
information related to community needs, service gaps, outcome measures and
service utilization.
NOW, THEREFORE, in consideration of the mutual terms, covenants and
conditions set forth herein, the CCHHC and the COUNTY agree as follows:
1. PROJECT MANAGERS AND NOTICES: Each party hereby., designates the
employee set forth below as Its respective Project Manager. Project
Managers shall assist with INCCC project coordination and shall be each
party's prime contact person. Notices or reports shall be sent to the
attention of each party's Project Manager by certified mail, return receipt
requested, or by fax with counter-confirmation to the parties' addresses as
set forth below:
Agenda Item No. 16D10
June 22, 2004
Page 10 of 14
Project Manager for CCHHC:
Birgit Pauli-Haack
Project Manager & System
Administrator
Information Network for the
Community of Collier County
Collier County Hunger and
Homeless Coalition
P.O. Box 9202
Naples, FL 34102-9202
Project Manager for the COUNTY:
Candice Franco
Case Manager Supervisor
Collier County
Human Services Department
3301 Tamlaml Trail, East
Naples, FI 34112
2. SCOPE OF WORK: Upon receipt of written notice to proceed from the
CCHHC, the COUNTY shall perform the services necessary to complete the
INCCC in accordance with the scope of work set forth in Exhibit "A" attached
hereto and incorporated herein. Any changes to this Scope of Work and
associated costs shall be mutually agreed to In a formal written amendment
approved by the CCHHC and the COUNTY prior to services being performed
by the COUNTY.
3. FUNDING The parties anticipate that the total cost of the project will be Ten
Thousand Eighty and 00/100 Dollars ($10,080.00). The CCHHC agrees to
fund project costs up to $10,080.00 and shall have no obligation to pay any
costs beyond this maximum amount.
It is agreed that the COUNTY participates in the INCCC at minimum until
June 30, 2006. Should the project not continue or the COUNTY determines
that it is not in its best interest to continue after June 30, 2005, the project
costs of $10,080.00 shall be reimbursed to the CCHHC on a pro rata basis of
one-twelfth (1/12) of the project costs per month ($840.00 per month)
times the number of months remaining in the period of July 1,2005 through
June 20, 2006. In the case that this Agreement is terminated prior to June
30,2005, the project costs will be paId back to the CCHHC In full.
4.1 PAYMENT AND USE OF FUNDS: The CCHHC shall refund the COUNTY for
the INCCC costs in accordance with the Project Budget set forth in Exhibits
"B." Payment shall be made to the COUNTY within thirty (30) days of
receipt of an invoice, with the appropriate support documentation, which
shall be submitted to the CCHHC at the following address:
2
Agenda Item No. 16010
June 22, 2004
Page 11 of 14
.--
I
Birgit Pauli-Haack
Project Manager & System Administrator
Information Network for the Community of
Collier County
Collier County Hunger and Homeless Coalition
P.O. Box 9202
Naples, FL 34102-9202
4.2 The COUNlY shall not use any CCHHC funds for any purposes not
specifically identified in the above Scope of Work.
4.3 Each invoice shall include the following certification, and the COUNTY
hereby agrees to delegate authority to its Project Manager to affirm said
certification:
,-'
"I hereby certify that the costs requested for the COUNTY'S reimbursement,
as represented in this invoice, are directly related to the performance under
the Cooperative Funding Agreement between COUNTY and CCHHC, are
allowable, allocable, properly documented, and are in accordance with the
approved project budget."
4.4 The COUN1Y'S performance and payment pursuant to this Agreement is
contingent upon the Board of County Commissioners appropriating funds for
the INCCC project.
S. CONTRACT" PERIOD: This Agreement shall be effective upon execution by
all parties and shall remain In effect until June 30, 2006, unless terminated
or extended In writIng by mutual written agreement of the parties.
6. PROJECT RECORDS AND DOCUMENTS: Each party shall, upon request,
permit the other party to examine or audit all project related records, and
documents during or following completion of the INCCC project. Each party
shall maintain all such records, and documents for at least three (3) years
following completion of the project. All records and documents generated or
received by either party In relation to the project are subject to Chapter 119,
Florida Statutes, the State of Florida Public Records Act.
7. REPORTING: The COUN1Y shall provide the CCHHC with any and all reports
or other documents resulting from the INCCC project.
8. LIABILITY: Each party hereto agrees that it shall be solely responsible for
the negligent acts or omissions of its officers, employees, contractors and
agents; however, nothing contained herein shall constitute a waiver by
either party of its sovereign immunity or the limitations set forth in Section
768.28, Florida Statutes.
3
Agenda Item No. 16010
June 22, 2004
Page 12 of 14
9. TERMINATION FOR DEFAULT: Either party may terminate this Agreement
upon the other party's default In complying with any term or condition of
this Agreement, as long as the terminating party is not in default of any
term or condition of this Agreement. To effect termination, the terminating
party shall provide the defaulting party with a written "Notice of
Termination" stating its intent to terminate and describing the term and/or
condition with which the defaulting party has failed to comply. If the
defaulting party has not remedied its default within thirty (30) days after
receiving the Notice of TerminatIon, thIs Agreement shall automatically
terminate.
10. TERMINATION WITHOUT CAUSE: This Agreement may be terminated by
the parties without cause upon fifteen (15) days written notice to the non-
terminating party. Termination shall be effective upon the fifteenth (15th)
day after the receipt of said notice or twenty (20) days after mailing said
notice by regular U.S. mail. In the event of such termination, the non-
terminating party shall be entitled to compensation from the terminating
party for all equipment obtained or services incurred as of the date of
termination, provided such equipment or services are deemed to be
reasonable and proper in accordance with the attached the Scope of Work.
11. RELEASE OF INFORMATION: The parties shall not initiate any verbal or
written media interviews or issue press releases on or about the INCCC
project without providing prior advance copies to the other party with
sufficient time to respond. This provision shall not be construed as
preventing the parties from complying with the public records disclosure
laws set forth in Chapter 119, Florida. Statutes.
12. COUNTY RECOGNmON: The CCHHC shall recognize COUNlY funding in
any reports, models, studies, maps, or other documents resulting from this
Agreement, and the form of said recognition shall be subject to COUNlY
approval.
13. ASSIGNMENT: Neither party may assign or transfer its rights or obligations
under this Agreement, including any operation or maintenance duties related
to the project, without the written consent of the other party.
14. LAW COMPLIANCE: Each party shall comply with all applicable federal, state
and local laws, rules, regulations and guidelines, relative to performance
under this Agreement.
15. SUBCONTRAcrORS: Nothing in this Agreement shall create, or be implied
to create, any relationship between the COUNTY and any subcontractor of
the CCHHC.
16. THIRD PARTY BENEFICIARIES: Nothing in this Agreement shall be
construed to benefit any person or entity not a party to ~~,"o. 16010
4 June 22, 2004
Page 13 of 14
17. MODIFICATIONS: This Agreement constitutes the entire agreement
between the parties and may be amended only in writing, signed by all
parties to this Agreement.
18. DOCUMENTS: The following documents are attached and made a part of
this Agreement. In the event of a conflict of contract terminology, priority
shall first be given to the language in the body of this Agreement, then to
Exhibit "A."
Exhibit "A" Scope of Work
Exhibit "B" Project Budget
IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
~
COLUER COUN1Y HUNGER AND HOMELESS
COALITION, INC., a Rorida ot for Profit
Corporation
Witnesses:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUN1Y COMMISSIONERS
COLUER COUN1Y, FLORIDA
Deputy Clerk
By:
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
-
~ ~ .~ ~
Ro ert- . Z af\i
Assistant County Attorney
5
Agenda Item No. 16010
June 22, 2004
Page 14 of 14
EXECUTIVE SUMMARY
Request Board approval for County participation in a program to
enhance the public safety radio system coverage in public school
facilities and to assist with funding, not to exceed $150,000.
OBJECTIVE: Board approval for County participation in a program to enhance the
public safety radio system eoveragein public school facilities and tbassist with, funding,
not to exceed $150,000. .
CONSIDERATIONS: On October 26~ 1994the Board approved contract 94-2201 with
Ericsson Inc., now MIA-COM Private Radio Systems Inc., for construction of the 800
MHz ttunked radio system. While radio signal coverage is generally good throughout the
county, there are specific large volume buildings where the construction materials and
processes u~d to provide durability and storm protection preclude sufficient radio signal
penetration. These buildings typically h.ave exterior and interior walls constructed with
concrete block reinforced with steel, steel roof structures and use of hurricane code glass
in exterior windows. This type ofeoI1struction can tedueethe available radio signal
stiengthinside such facilities by more than 40%, making the system unusable therein.
...'-"'-'
There are several public school facilities~ in particular middle and high school buildings
that are constructed in this manner. County staff has worked with the Sheriff's Office,
Collier County Public Schools, andoth.er public safety responders to identify the best
way to improve the level of radio system coverage inside public school buildings. With
an increased student populatiQn, concern oyer potential school violence incidents, an
increased law enforcement presence in the schools and the use of these facilities as
disastershelte,rs the need to improve coverage is clear and the solution must serve all
potential responders.
The best alternative identified is signal amplification using a bi-directionalamplifier.
This is a unit that receives the radio system signal at an antenna outside the school
building and then retransmits the signal through a series of antennas installed
..........
Agenda Item No. 16E1
June 22, 2004
Page 1 of 4
Executive Summary
Page 2
inside the building. This solution ensures that the performance of the radio system for
units operating inside the building will be equivalent to the performance of the system to
units outside the building. It is seamless to the user and will work for any responding
agency.
Six public school facilities have been identified as critical to receive coverage
improvements: Lely High School, Gulf Coast High School, Barron Collier High Sthoo~
Golden Gate High School, Palmetto Ridge High School, and the North Naples Middle
School The total cost for this project is $694,000. This cost has been reduced from
previous estiInates through the use of :new technologies and reassessment of the level of
enhancement required in some of the facilities. In addition, the County's vendor is
offering a 10% discount if all schools arc completed as a single project.
"..,of..,"-
The various stakeholders have agreed to share the costs to complete this project. The
Collier County Public Schools have agreed to fund approximately $462,000 through
capital money to enhance the three new schools. The Sheriff's Ofticehas committed to
fund $78,000, and, as part or this executive summary, staff is i'equesting $150,000 as
Collier County's Contribution. Staff will also research available grants in an effort to
reduce the level of funding from County revenue sources. It is also important to note that
School Board representatives have commiitedto include these systems in future building
construction projects. County staff is being asked to manage this project since the
hardware becomes part of the radio system infrastructure.
FISCAL IMPACT: A budget amendment will be required in the Intergovernmental
Radio Communication Program (Fund 188) to recognize the above contributions and to
establish the project budget.
A budget amendment is needed to fund the County contribution of $150,000 from the
County Wide Capital lmprovement Fund(30l). $861.84 will be transferred from an
existing 8QO MHz project and $149,138.16 from reserves. Source of funds is Ad~
Volorem.
-
Agenda Item No. 16E1
June 22, 2004
Page 2 of 4
Executive Summary
Page 2
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners:
. Authorize use of funds from the County Wide Capital Improvement Fund (301)
. Authorize the purchase of equipment and services necessary to enhance coverage
in the identified school buildings, from Communications International Inc.
previously apprQvedby the Board as asole source provider forgoods and services
for the 800 MHz radio system. These enhancements become part of the radio
system infrastructure and will be maintained under existing contractual
agreements.
. Authorize necessary budget amendments to recognize revenue from agencies
participating in this project, including grant funds, and to develop a projectbudget
[rom said revenues.
,-
Agenda Item No. 16E1
June 22, 2004
Page 3 of 4
,.....'-,
COLLIER COUNTY
BOARD OF COUNTY COMMISSiONERS
Item Number
16E1
Item Summary
Board approval for County participation in a program to enhance the public
safety radio system coverage in public school fadlities and to assist with
funding, not to exceed $150,000.
Meeting Date
6/22i2004 9:00:00 AM
Prepared By
John J. Daly
Telecommunications Manager
6/11/200411:01:48
AM
Administrative Services
Information Technology
Approved By
Barrj Axelrod
Information Technology Director
Date
Administrative Services
Information Technology
6i11i20041:19 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
6/14/20047:45 AM
A pproved By
Pat Lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
6/14/200410:08 AM
Approved By
Susan Usher
Senior ManagementlBudget Analyst
Date
County Manager's Office
Office of Management & Budget
6/14/2004 5:07 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Offic~
Office of Management 8. Budget
6/15/2Q04 9:52 AM
Approved By
James V. Mudd
County Manager
Date
Bomd of County
Commissioners
County Manager's Office
6/15/2004 2:29 PM
Agenda Item No. 16E1
June 22,2004
Page 4 of 4
EXECUTIVE SUMMARY
Recommendation to declare certain county-owned property as surplus and authorize a
sale of the surplus property on July 10, 2004.
OBJECTIVE: To authorize the sale and disposal of surplus County-owned assets at the next
surplus auction, which is scheduled for Saturday, July 10, 2004.
CONSIDERATION: Pursuant to the Purchasing Policy, attached is an itemized list of surplus
property that has been transferred to the Purchasing Department. The Board of County
Commissioners has approximately one hundred and seventy-five (175) items that will be
auctioned, of which there are several computer monitors, printers, furniture, miscellaneous
office equipment, and a bobcat skid steer loader.
The County is currently under contract with a full-service auctioneer, First Coast Auction &
Realty, Inc., to provide comprehensive auctioneer services to include preparation for the event,
sale and disposal of surplus County-owned assets, and the transfer and disposition of property
titles. This sale will be conducted pursuant to Section 274.06, Florida Statute.
--
The items on the attached list are being offered for transfer to other departments prior to
auction. In an effort to dispose of additional surplus items received by the Purchasing
Department prior to the July 10, 2004 auction date, staff is requesting permission to dispose of
additional non-asset surplus items that may be received subsequent to the preparation of this
Executive Summary at the July auction. All items sold and their realized values will be reported
in a follow-up Executive Summary.
FISCAL IMPACT: The net revenue will be credited to the appropriate funds.
GROWTH MANAGEMENT IMPACT: This will not affect the growth management impact.
RECOMMENDATION: That the Board of County Commissioners authorize the sale and
disposal of all surplus County-owned items as per the attached list on July 10, 2004.
-
Agenda Item No. 16E2
June 22, 2004
Page 1 of 13
,..-
Item Number
Item Summary
Meeting Date
Prepared By
Sue Hebbe
Administrative Services
Approved By
Gwen Butler
AdministrativE! Services
Approved By
Len Golden Price
Administrativn Services
Approved By
Pat Lehnhard
County Manager's Office
Approved By
Robin Johnson
County Managtlr's OfficE!
Approved By
Michal'i)! Smyk.owski
County Manager's Office
Approved By
James V. Mudd
Board of County
Commissioners
Approved By
Sue Hebbe
Administrative Services
,.,---.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E2
Recommendation to deciare certain county-owned property as surpius and
authorize a sale of the surplus property on Juiy 10,2004.
6;22i2004 9:00:00 AM
Purchasing Technician
6/9/20041 :48:25 PM
Purchasing
Purchasing Supnrvisor
Date
Purchasing
6/10/20047:42 AM
Administrative Services Administrator
Date
Administrat.ive Sl'i)fVicns Admin.
6t11/2004 10;52 AM
Administrative Assistant
Date
Office of Management &. Budget
6111/20045:31 PM
ManagE!ment'Budg~t Analyst
Oat!!
Of'fic!! of Management. & Budget
6/15/20049:11 AM
Management & 8udg~t Direct.or
Date
Office of Mana.gement &. Budget
6t15/2004 9:55 AM
County Manager
Date
County Matlager's Office
6115/20D412:55 PM
f'>urchasing T'echnician
Date
Purchasing
619/2004 1:49 PM
Agenda Item No. 16E2
June 22. 2004
Page 2 of 13
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EXECUTIVE SUMMARY
Approve a First Amendment to 2003 Tourism Agreement With The City or Naples For
The Permit-Compliance, Marine Turtle Monitoring for the Gordon Pass Dredging Project
90548
OBJECTIVE: To obtain approval of a FIrst Amendment to the Tourism Agreement effet."tive
April 1, 2003 for the permit-compliance, Marine Turtle Monitoring for the Gordon Pass
Dredging Project.
CONSIDERATIONS: The Board of County Commissioners approved a Category A Grant
Application and Budget Amendment on May 23, 2003, agenda item 16.A.14 and the Tourism
Agreement was approved on June 10,2003 in the amount of $7,558. Clerk has refused to pay
invoice in the amount of $800 for work performed in May 2003 because the Tourism Agreement
was not signed until June 10, 2003. The grant application that was submitted indicated work to
begin in April 1, 2003. Clerk requested that Agreement be amended to include an "Eligible
Expenditures" paragraph in order to pay the outstanding invoice in the amount of $800.
FISCAL IMPACT: Funds are available in the project budget.
,......'.....
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: That the Board of County Commissioners approve a First
Amendment to The 2003 Tourism Agreement With The City Of Naples For The Permit-
Compliance, Marine Turtle Monitoring for the Gordon Pass Dredging Project 90548.
-
Agenda Item No. 16F1
June 22, 2004
Page 1 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16F1
Item Summary
Approve a First Amendment to 2003 Tourism Agreement With The City Of
Naples For The Permit-Compliance, Marine Turtle Monitoring for the Gordon
Meeting Date
Pass Oredging Project 90548.
6/22/2004 9:00:00 AM
Prepared By
Maria E. Berna!
Grants Coordinator
6/10/200411 :43:34
AM
County Manager's Office
Toursim Development Council
Approved By
J.ICK Wert.
Tourism Director
Date
County Manager's Office
Toursim Development Council
6i10/2004 12:38 PM
Approved By
Pat Lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
6111/2004 9:00 AM
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
Mark Isackson
6/14/200411:15 AM
Approved By
Mich.lel Smykowskl
M.magem~nt & Budget Director
Date
County Manager's Office
Office of Management & Budget
6/14/2004 1 :31 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/14120045:46 PM
Agenda Item No. 16F1
June 22, 2004
Page 2 of 4
FIRST AMENDMENT TO 2003 TOURISM AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR
THE PERMIT-COMPLIANCE, MARINE TURTLE MONITORING
FOR THE GORDON PASS DREDGING PROJECf.
\""
This First Amendment to 2003 Tourism Agreement. made this'~~ day of
::r . '\.....0<...- . 2004 (hereinafter referred to as "Fust Amendment") is entered into by and
between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as
"County"), and the City of Naples (hereinafter referred to as "City").
WITNESSETH:
WHEREAS, the County and City entered into a 2003 Tourism Agreement dated June 10,
2003 (the "Agreement") for the Permit-Compliance, Marine Turtle Monitoring for !he Gordon Pass
Dredging Project; and
WHEREAS. the County and City desire to further amend the terms of the Agreement
,~
NOW. TIIEREFORE. in consideration of valuable coruideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
L Section 3 of said Agreement is hereby deleted in its entirety and the following paragraph is
inserted in its place:
ELIOffiLE EXPENDITURES. Only eligible e;{penditures described in Section 1 will be
paid by County. County agrees to pay eligible expenses incurred betwccn April 1.2003 and the
e;{piration of this Agreement Any expenditures paid by County which are later deemed to be
ineligible 'expenditures shall be repaid to County within thirty (30) days of County's written request
to repay said funds. County may request repayment of funds for a period of up to one (1) year after
tennination of this Agreement or any extension or renewal thereof.
2. Except as set forth in this First Amendment, the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, hereto affixed the day and year first written
above.
DATED:
A TrEST:
DWIGlIT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
CO~COUNTY,~O~A
By.
DONNA FIALA. Chainnan
. Deputy Cleric
.~.
;:-~j,f
.',
Approved as to form and
legal sufficiency. ,
M^-
HeIdi P. Ashton @
Assistant County Attorney
..'
----Agenda Item No. 16F1
June 22, 2004
Page 3 of 4
~~
TARA NO , City Cleek
GRANTEE
CITY OF NAPI.ES
BY~
BILL BARNE'IT, Mayor
ATTEST:
~j(Attun.,
(Corporate Seal)
WITNESSES;
(1) ~~ ~~
s~uro
t{xHt, h \:~ ~('> h"I .ho~
Prl_N_ ~
(2) (JWA1atP /htrr;l)
Si&nature
(rl1(,h~J fJrn~
Printedf1'yped Name
c:p,11X.'.A~ I" Amclld1'IIl<IeMODituiaa-<lordoa Pua
Agenda Item No. 16F1
June 22, 2004
Page 4 of 4
APPROVAL OF BUDGET A.MENDMENTS
BCC Agenda of June 22, 2004
Victorla Park Drainage (Fund 134)
Budget Amendment #04-305
Capital
Other Machinery & Equipment
$14,300
Reserves
Reserve for Capital
(14,300)
-0-
Total
Explanation: Funds are needed to replace existing control panel at Victoria Pump Outfall site.
,,,,,,--
-
Agenda Item No. 16F2
June 22, 2004
Page 1 of 2
--
Item Number
Item Summary
Meeting Date
Approved By
Pat Lehnhard
County Manager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F2
Approval of Budget Amendment Report.
6/22120049:00:00 AM
Administrative Assistant
Office of Management & audg~t
Date
6/111200410:44 AM
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Budget
Date
6/12120041:04 PM
A pproved By
,.-
James V. Mudd
Soard of County
Commissioners
County Manager
County Manager's Office
D.ite
6/1412004 4:23 PM
Agenda Item No. 16F2
June 22, 2004
Page 2 of 2
EXECUTIVE SUlVIlVIARY
Recommendation to approve budget amendments to move various capital
projects to the new General Governmental Facilities Impact Fee Fund.
OBJECTIVE: A budget amendment is needed to move thret~ buHding budgets from the
County Wide Capital Improvement Fund (301) to the General Governmental Facilities
Impact Fec Fund (390).
CONSIDERATIONS: On March 9, 2004 the Board adopted the General Governmental
Facilities Impact Fee (Ordinance 2004-16), item SA. Induded in the Executive Summary
was a 5- Year Master Plan listing various capital improvement projects, which were to be
funded by the impact fee. Some of these buildings arc in the FY04 budget undcr the
County Wide Capital Improvement Fund (301) as follows:
North Naples Gov't Ctr (Proj 52534)
County Barn Fleet Fadlity (Proj 52(09)
Courthouse Annex, Phase I (Proj 52533)
Total
$3,072,000
8,243,000
13,500,000
$24,815,000
Two of the above buildings used ad valorem to fund the design phase; the fleet building
used residual motor pool capital recovery money. The construction costs were going to
be financed with bonds and/or loans. The above donar amounts represent the amount
that is to be financed with bonds and/or loans.
With the exception of the County Barn Fleet Facility, the entire debt service payments
(interest and principal payments) are to be made from the General Governmental
Facilities Impact Fee Fund. Approximately 60.4% of the debt service payment fee for the
/leet building will come from the impact fec. The new !leet building is "replacing" the
old neet building and the square footage that is going to be "replaced" must be paid from
another source of funds other than impact fees, like sales tax and/or ad valorem taxes.
FISCAL IMPACT: A budget amendment is needed in the County Wide Capital
[mprovement Fund (301) to remove $24,815,500 from the three projects mentioned
above, to decrease loanlbond proceeds in the amount of $21,743,000 and to transfer
$3,072,000 to the General Governmental Facilities Impact Fee Fund (390).
A budget amendment is needed in the General Governmental Facilities Impact Fee Fund
(390) to establish $24,815,500 from the three projects mentioned above, to budget
loan/bond proceeds in the amount of $2 J ,743,000 and to receive a transfer from the
County Wide Capital Improvement Fund (3()] ) in the amount of $3,072,000. This
transfer will consolidate all projects funded with bond proceeds into one fund for
accounting purposes. Also, the budget amendment will recognize $500,000 in impact
fees projected to be t'oIIected in FY 04 and placed into Reserves.
Agenda Item No. 16F3
June 22, 2004
Page 1 of 3
GROWTH MANAGEMENT IMPACT: There is no growth management impact
RECOMl\tIENDA TION: The Board of County Commissioners approves the budget
amendments to move various capital projects to the new General Governmental Facilities
Impact Fee Fund.
Agenda Item No. 16F3
June 22, 2004
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMM!SSIONERS
Item Number
16F3
Item Summary
Recommendation to approve budget amendments to move various capital
projects to the new General Governmental Facilities Impact Fee Fund.
Meeting Date
6/22/2004 9:00:00 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
6/15/2004 5:26 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/16/200410:01 AM
Agenda Item No. 16F3
June 22, 2004
Page 3 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTIONIEVENT: Copeland Civic Association's First Year Anniversary Dinner
PUBLIC PURPOSE: To represent Collier County Government
-
DATE OF FUNCfIONIEVENT: June 28, 2004
FISCAL IMPACT: $16.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank. Halas to
attend function serving a valid public purpose.
SUBMITfED BY: Date:
Trisha McPherson, Executive Aide to BCC
APPROVED BY: Date:
Sue Filson, Executive Manager to BCC
,-
Agenda Item No. 16H 1
June 22, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H1
Commissioner Halas request for Board approval for payment to attend function
serving a valid public purpose. Attend Copeland Civic Association's First Year
Anniversary Oinner on June 28, 2004; $16.00 to be paid from Commisssioner
Halas' travel budget.
6i22/2004 9:00:00 AM
Executive Manager to the Bee
Date
A pproved By
acc Office
6i15/2n04 2:46 PM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/15/20043:05 PM
~.
Agenda Item No. 16H 1
June 22, 2004
Page 2 of 2
~-
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to. declare a valid public
ptrrpose far, a Cammissioner to. attend functionleventand approve payment by the Clerk.
,CONSIDERA TIONS~ Pursuant to. Resolution No. 99-4.10, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
en vrronmental. educational. charitable, social. professional, trade, homeowners. ethnic,
and civicassociationlarganizations serves a valid public purpase, pravided that said
functionsreasonably relate to Collier County matters.
COMMISSIONER: Donna Fiala
FUNCTIONIEVENT: EDe Trustee Past-Legislative Delegatian Lunchean
--
PUBLIC PURPOSE: Receive final summary of the 2004 legislative session and to.
interact with the panel and ask questions about legislation related to economic
development,canstitutianal amendments, transportatian,healthcare, workers'
compensation and growth management.
DATE OF FUNCTIONIEVENT: Tuesday, June 15,2004
FISCAL IMPACf: $25.00 Funds to. be paid from Cariunissianer's travel budget.
RECDMMENDA TION: That the Board of County Commissioners, in accardance with
Reso.lutionNo. 99-410,appro.ve payment by the Clerk fo.rCo.mmissio.ner Do.nnaFiala to.
attend function serving a validpriblic purpose.
PREPARED BY: Kathy Highhaugh. Executive Aide to. Bee
APPROVEDBY: Sue Filson, &ec~tive Manager to. BCe
AGENDA DATE: Juoe22, 2004
,-
Agenda Item No. 16H2
June 22, 2004
Page 1 of 3
,,-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H2
Commissioner Fiala requests reimbursement for a valid public purpose to
attend the EDC Trustee Post-Legislative Delegation Luncheon on Tuesday,
June 15, 2004. The valid public purpose was to receive final summary of the
2004 legislative session and to interact with the panel and ask questions about
legislation related to economic development, constitutional amendments,
transportation, healthcare, workers' compensation and grovv'th management.
TI1e amount of $25.00 to be paid from Commissioner Fiala's travel budget.
6;22/2004 9:00:00 At,,1
Prepared By
Kathy Hlghballgh
.,.--,
Board of County
Commissioners
ExecutIve Aide to the acc
6i16i2004 3:35:44
PM
Approved By
ace Office
Sue Filson
Board of County
CommIssioners
Executive Manager to the ace
Date
Approved By
acc Office
6/16/20043:38 PM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/16/20044:39 PM
,.--,
Agenda Item No. 16H2
June 22, 2004
Page 2 of 3
~~,........~~...
-,
'~"'~~~..."'~.." .1iWi:.....jll"',;..,l!J1.'I;.~'"
... ~r1'~,'~~!l1IJi!'~~~ 'l!o;' ,,:' , rm~' l~:'tnr";'l-.
BOARD OF couNTY C MMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 22, 2004
1.
FOR BOARD ACTION: 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 May 1, 2004 through May 7, 2004
2. Disbursements for May 8, 2004 through May 14,2004
3. Disbursements for May 15,2004 through May 21, 2004
4. Disbursements for May 22, 2004 through May 28, 2004
B. Districts:
1. Lely Community Development District
-
a) Minutes of February 18,2004; Minutes of March 17,2004;
Minutes of Apri114, 2004; Minutes of May 19, 2004.
C. Minutes:
1. Collier County Planning Commission - Agenda for May 20, 2004, June 3,
2004; Minutes of April 15, 2004.
2. Collier County Contractor's Licensing Board - Agenda for May 19, 2004.
3. Development Services Advisory Committee - Minutes of April 7. 2004
and May 5, 2004. Agenda for May 5, 2004.
a) Agenda for Budget Sub-Committee Operations for May 19. 2004;
Minutes of May 19,2004.
4. Park and Recreation Advisory Board - Agenda for May 19,2004; Minutes
of April 21, 2004.
5. Historical and Archaeological Preservation Board - Agenda for May 19.
2004; Minutes of April 21, 2004.
6.
Collier County Citizens Corps Advisory Committee - Agenda for March
17, 2004 and April 21, 2004; Minutes of March 17, 2004; Minutes of
April 21, 2004.
-
H:Data/Format
Agenda Item 1611
June 22, 2004
Page 1 of 3
7. Forest Lakes Roadway and Drainage M.S.T.U. - Special Agenda and
Minutes for May 5, 2004.
8. Lely Golf Estates Beautification M.S.T.U. - Agenda for May 20, 2004;
Agenda for June 17,2004; Minutes of April 15, 2004; Minutes of May 20,
2004
9. Pelican Bay Services Division - Agenda for June 2, 2004; Minutes of
April 21, 2004; Minutes of May 5,2004; FY 2005 Proposed Budget.
a) Clam Bay Sub -Committee - Minutes of April 28, 2004.
b) Budget Sub-Committee - Agenda for May 19,2004; Minutes of
May 19, 2004; April 21, 2004.
10. Collier County Library Advisory Board - Agenda for May 26, 2004;
Minutes of May 19,2004.
11. Golden Gate Estates Land Trust Committee - Minutes of March 22,
2004.
12. Collier County Hispanic Affairs Advisory Board - Agenda for February
26, 2004.
13. Community Character/Smart Growth Committee - Agenda for April 28,
2004; Minutes of April 28, 2004
14. lmmokalee Beautification M.S.T.U. Advisory Board - Agenda for
August, 2004Minutcs of May 19,2004.
15. Bayshore Beautification M.S.T.U. - Agenda for June 9,2004; Minutes of
May 12,2004.
16. Radio Road Beautification M.S.T.U. Agenda for June 15,2004; Minutes
of May 18, 2004.
17. Ochopee Fire Control District Advisory Meeting - Minutes of February
17,2004.
18. Vanderbilt Beach M.S.T.U. - Agenda for June 3, 2004; Minutes of May 6,
2004.
19. Coastal Advisory Committee - Minutes of April 8, 2004.
D. Other:
1) Don Hunter, Collier County Sheriff - Certification of Proposed Budget for FY
2005.
..-
2) Guy L. Carlton, Collier County Tax Collector - Copy of the FY 2003-2004
Budget.
Agenda Item 1611
June 22, 2004
Page 2 of 3
H:Data/Format
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1611
Miscellaneous items to file for record with action as directed.
6/22i2004 9:00:00 AM
Executive Manager to the BCC
Date
Approved By
BCC OffIce
6/14/20049:39 AM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's OffIce
6/14/2004 3:12 PM
Agenda Item 1611
June 22, 2004
Page 3 of 3
!,"-
I
Executive Summary
To present to the Board of County Commissioners the State Revenue
Sharing Application for Fiscal Year 2004-2005 and to obtain approval for
the Chairman to sign the application.
OBJECTIVE: To present to the Board of County Commissioners the
State Revenue Sharing Application for Fiscal Year 2004-2005 and to obtain
approval for the Chairman to sign the application.
CONSIDERATIONS: Each unit of local government is required to file an
application in order to be considered for any funds to be distributed under the
Revenue Sharing Act The application requires, the signatures of the law
Enforcement Official, Fire Official, Chief Fiscal Officer and Chairman. of the
Governing Body. This application must be submitted annually by June 30.
GROWTH MANAGEMENT IMPACT: None.
,,-
FISCAL IMPACT: Proper submittal of the application will enable the County to
continue to receive funds under the State Revenue Sharing Act.
RECOMMENDATION: That the Board of County Commissioners approves
the application and authorizes the Chairman to sign on behalf of the County.
Prepar..IBy. ~<I C '~7
Constance C. Murray. CGFO '
General Operations Manager
Date:
,,/qlo'i
Reviewed By. 4t.. ~ ~.
Jam . Mitchell. CIA. CF~. C~A
Director of Finance and Accounting
Date:
~1t4.,t
-
Agenda Item No. 16J1
June 22, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
Pat Lehnhard
County Manager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J1
To present the State Revenue Sharing Application for Fiscal Year 2004-2005
and obtain approval for the Chairperson to sign the same.
6/22/20049:00:00 AM
Administrative Assistant
Date
Office of Management & Budget
6J11J2004 9:35 AM
Approved By
Mjch..l~1 Srnykowski
County Manager's Office
Managem~nt &. Budget Director
Date
Office of Management & Budget
6/11/20043:55 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/14/20046:30 PM
Agenda Item No. 16J1
June 22, 2004
Page 2 of 2
,....-,".
EXECUTIVE SUMMARY
THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A
DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND
SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE
ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE
EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES.
OBJECTIVE: To have the Board of County Commissioners make a
determination whether the purchase orders opened from May 29,2004 through June 11,
2004 serve a valid public pwpose and authorize the expenditure of County funds to
satisfy said purchases.
CONSIDERATIONS: To ensure compliance with State law. the Clerk's Office
has prepared a detail list of all purchase orders that have not previously been approved by
the Board of County Commissioners that were opened for the period May IS, 2004
through May 28 ,2004. This report is available for inspection and review in the County
Manager's Office. .
FISCAL IMPACT: The goods and services included in the aforementioned report have
all been previously appropriated.
"'-
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
related to this item.
RECOMMENDA TION: That the Board of County Commissioners make a
determination of whether the purchases of goods and services docwnented in the detailed
report of open purchase orders serve a valid public pwpose and authorize the expenditure
of County funds to satisfy said purchases.
Prepared By:
c
Date: ,,1/1/0 t
M. Johnssen, CPA
General Accounting Manager
-
Reviewed and /) ~ /l ~
Approved By: ~ c...c ~
Constance Murray
General Operations Manager
Date:{,,!t, kJ Y
Agenda Item No. 16J2
June 22, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
Pat. Lehnharcl
County Manager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J2
That the Board of County Commissioners make a determination of whether the
purehases of goods and services documented in the Detailed Report of Open
p'urchase 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.
330'1 East Tamiami Trail, Naples, FL.
6i22/2004 9:00:00 Atv1
Aclmi nlstraUveAssistant
Dat.e
Office of Management & Budget
6/11/2004 5:37 PM
Approved By
Michael Smykowski
County Manager's Office
Management & BlIdget Director
Date
Office of Management & Budget
6/1212004 1 :02 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Offlc~
6/14/20044:00 PM
Agenda Item No. 16J2
June 22, 2004
Page 2 of 2
EXECUTIVE SUMMARY
Approve the Agreed Order A warding Attorney's Fees as to Parcel 102 in the
lawsuit styled. Collier County v. Tree Plateau Co., Inc., et at., Case No. 03-
0519-CA, Immokalee Road Project 60018 (total cost of $3,013.00).
OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding
Attorney's Fees for attorney's fees incurred by Respondent, Omnipoint Holdings, Inc., in
defense of its interest arising out of the fee simple acquisition of Parcel 102 for the Immokalee
Road Project in the lawsuit styled Collier County v. Tree Plateau Co., Inc., et al., Case No. 03-
0519-CA.
CONSIDERATIONS: On May 22,2003, an Order of Taking was entered in Collier County
Circuit Court regarding the fee simple acquisition of Parcel 102 for the Imrnokalee Road project
(Project No. 60018). On June 27,2003, a Stipulated Final Judgment was entered with the court,
between the County and the property owner of Parcel 102, Krista! Ferguson alkJa Kristal D.
Sharp-Ferguson.
...,....".....
Respondent, Omnipoint Holdings, Inc., has a tenancy interest in the subject property and
appeared in the action to ensure continued access to its cell tower on the parent tract. On March
30, 2004, Respondent filed an Amended Motion to Tax Fees and Costs, requesting that
$3,703.55 to be paid to Respondent, Omnipoint Holdings, Inc., for attorney's fees incurred in the
above litigation. On June 1,2004, the County received written confIrmation from Respondent,
Omnipoint Holdings, Inc., stating that, except for its claim for attorney's fees, Omnipoint
Holdings, Inc., has no pending claim in the above referenced litigation. Pursuant to ~73.092, F1a.
Stat., the Respondent is entitled to reimbursement of reasonable attorney's fee for the defense of
its interest arising out of the fee simple acquisition of Parcel 102. Through negotiations, the
Respondent has accepted the County's offer of $3,013.00 as full payment for attorney's fees.
Staff has reviewed the County's obligations stated in the Agreed Order Awarding Attorney's
Fees and considers them to be reasonable.
FISCAL IMPACT: Funds in the amount of $3,013.00 are available in the FY 04 adopted
budget. Source of funds are Gas Taxes andlor Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order Awarding Costs;
2. Approve the expenditure of funds as stated; and
---
3.
Direct staff to pay the sum of $3,013.00 to the Foley & Lardner Trust Account.
Agenda Item No. 16K1
June 22, 2004
Page 1 of 4
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
161<1
Approlif: ;~,,1 Agm'ld Order I\wilrding t.l1orney"s Fer:s as to P~rcf:1 ':02 ir:!!'Ie
!a'Nsuit st'll'ld GoHier County Ii. Tree Pkl;,lilU Cc" loe" el ~1., Case No, OJ..OS19-
CA, ImmoKalf:f: Road Pro;f:.::.t 600': a (tc.tal cc-st c.f $3/"13.00)
6/2212004 9:()():OO ,\M
Prepared By
Jeffrey C. Ci"pp.,r
Ceunt~J Mar:a\jll:'l> OffiCio
L~g;;l Assistant
llill!2QQ4 10;50:(15
AM
County Att;)m,,)' Office
Approved By
Ne,m E. F!ld!lr, AICl>
Transport!on Services
Trar:apl)~ti<.", Divil>iQl1 Admjr:j!iltsloltor
o..t"
Tr3nsport.:;tlcn Services AdmIn.
~11!2004 3:32 PM
Approved By
David C. Weigel
ee.:"t)' MM"'S",r'!li Off;ce
COUO!;y Attorn"y
Date
Countjl' Attofllay OmCIo
6111 !7.f:O/~ 3:~S PM
Pat Lalm!':ard
Oaw
Approved By
County "'i:lni:lli.,rs Office
Administrative Assistant
Office of Man3gement & Budget
lif'l1 !2G04 5:59 PM
Approved By
Mk"l~...t $myl<.(rN~kl
Cco.mty Mar::>!jll"l> OmCIo
Manasement I> Ehldget Director
[lilt"
Offk.e of Management & elt:d~llot
611..':-1004 U5 PM
Approved By
StO:ifon Nf:Wlnlolll
Transpcrt!on Services
ACCOUllUll~ Supervlso,.
Oat"
Tr3nsport;;tlcn Admlnl~tr3tion
6114!2Q04 2:33 f'M
Approved By
.lllmfll'. v. M'H'lrl
I!lcard <>f County
CDJnrr,;s$.i1)n~r5
COUO!;y Mllnager
Date
COUllty Mlolnaglll's Ci!ice
611M2Q04 6:33 ?M
[lilt"
Approved By
Usa l'aylor
Trl'tM.pe,titlr: Slot'/ic",..
Mar:a!lemen~l;ludget jS."lIly,..t
T rllrl!$po~tjj)Fl Admin;st!l'tij,m
618/~004 11 :3!! AM
Approved By
Gr"gg R. Strakalusf:
Trl'tn,..pmtien S"f'ol'C"!li
'!'r'J"sportatloo f.:ngine<'lr!n\'j!
Construction Mgmt Director
Tr3nsport,:;tlcn Ellglnellr!n{l ;;nd
Con,..trud.ior:
Oat"
619!~004 113;22 AM
Approved By
Ka\'in H~f',driCK3
T ran~pcrtio;. $~rv:ce$
R;~ht Of W3Y Acqulslti;)ll Mlolllaga,.
Oat"
Tr~nspofti:l:iOIl EnS(ine<:!r:ng and
COll"trU(;tjrm
$1912i;;;4 1: 13 Nil
Agenda Item No, 16K1
June 22, 2004
Page 2 of 4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 03-0519-CA
Petitioner,
Parcel No.: 102
vs.
TREE PLATEAU CO., INC., et al.,
Respondents.
/
AGREED ORDER A WARDING A TIORNEY'S FEES
AS TO PARCEL 102
THIS MA TrER, having come before the court upon Joint Motion by the Petitioner, by
and through its undersigned counsel, and Respondent, OMNIPOINT HOLDINGS, INC., by and
through its undersigned counsel, and the Court having been fully advised in the premises thereof,
it is
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall
pay a total of Three Thousand Thirteen and No/lOO Dollars ($3,013.00) for attorney's fees of
Respondent, OMNIPOINT HOLDINGS, INC., with respect to Parcel 102; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total amount
of Three Thousand Thirteen and No/100 Dollars ($3,013.00) to FOLEY & LARDNER, LLP
TRUST ACCOUNT, do Mary Doty Solik, Esquire, Foley & Lardner, LLP, 111 North Orange
Ave., Ste. 1800, Orlando, FL 32801-2386. Except as provided herein, no attorney's fees or other
costs shall be awarded in connection with the above-styled cause of action as it relates to
Respondent, OMNIPOINT HOLDINGS, INC., and Parcel No. 102.
1
Agenda Item No. 16K1
June 22, 2004
Page 3 of 4
-
a Jlln-Dl-D4 ID:3TilI Fm-Poley' Lardner
..
4DT &48 1m
1-83T P.ODS/OD! f-448
DONE ANDORDEREI? in. Naples, CoDit!' County, Florida, this
. 2004.
day of
LAWRENC8 D.MAATIN
Citc'idt Court ludge
Coofam1cd copies .to:
Heidi F. Ashton. Esq.
Mal)' Doty So~ Esq.
Jo1m M. LeRoux. Esq.
Fred s. Wentine.. Esq.
William .A. K.ey~ k.. Esq.
E. Glc:mI Tucker, Esq.
BCX)kkeeping
~
JOlNIMOTlON FOll AGREED ORD~ AWARDING ATrOBNEY'S trEES
, AS TOPARCRL102
, ,
The Parties he:R:by respcctfl1llY RqUCSt this Court to enter 1bc fo1l:going Agreed Order
Awa:rding N:t.am~s Fees and stipulate that this Joint Motion shall ~ede and rePlace
RcspoxadezJt's Amended Motion to Tax Fees and Cosr:s.
Dated:-IDJ ~txJ '1 .
. ~~QIDRE
F10rlda Bar No.: 0856479
FOLEY & LARDNB, LLP
111 North Orange Aye.. SlO.1800
Orlando, FI.. 32801-23 8,6
'(407) 423-7656 - Telt1phoDc
(407) 648-1743 - F8Qsimile
AITORNBYFORRESPONDRNT
O~OINT ~6LDJNGS, INC.
Dated:
@.
HEIDI F. ASJJrON, ESQ1JlRE
FloxidaBarNo.: 0%6770
OFFICE OF THE COUNTY A1"l'ORNBY
Hannon T\mier Building
3301 .East 'Dm1i2Tttl Trail '
Naples. FIozida 34112.
(239) 774-8400 - -:re1ephonc
(239) 774;-02.25 - Facsimile
ATTORNEY FOR FETmONER
Agenda Item No. 16K1
June 22, 2004
Page 4 of 4
2
EXECUTIVE SUMMARY
Request by the Collier County Industrial Development Authority for approval of a
resolution authorizing the Authority to issue revenue bonds to be used to finanCe health care
facilities for NCH Healthcar~ System for construction, renovation, and equipment for the
expansion of the North Collier Hospital campus. '
OBJECTfVE:
To accomplish the necessary approvals to authorize a proposed revenue bond issue by the
Collier County Industrial Development Authority to be used to finance health care facilities for
NCH Healthcare System fotconstruction,renovation arid equipment forlheexpansion of the
NOM Collier Hospital campus.
CONSIDERATIONS:
.-
The Industrial Development Authority has been requested byNCH Healthcare System to
issue its bonds to finance the construction, renovation, and equipping of the planned expansion
of the North Collier Hospital facilities located on Immokalee Road. The Project consists of
constructing and equipping health care facilities at the site, including, without limitation, a six-
story patient tower. a 500 car parking facility, and the renovation and relocation of certain
e~istingservices at the NQrth Collier Hospital Campus. The current facility has 119 beds; the
expansion will increase this to 207 beds. Part of the existing patient care area will be co.nverted
into two operating rooms and a cardiac catheterization laboratory. A key element of the
expansiOJi is the fact that the North Collier facilities will become a full service facility, offering
virtually all of the medical and ~\lTgical services that are offered in the downtown facility.
The Authority roeton June 9.2004 and considered tl1eproposal. The meeting was
noticed by publication in the Naples Daily News in the manner requited by the Internal Revenue
Code. No members of the public appeared at the hearing or offered comments in advance of the
hearing. The Authority received an extensive and detailed presentation of the project from
officials of NCH Healthcare System, which covered the need for additional beds in the No.rth
Collier area due to populatio.n growth and the need to. eJCpand the range ofservices available at
this campus so. serve this JX>pulatio.n. The North Callier campus will become a full service
fadlity. and with only a few exceptions, will offer the same services as are offered at the
downtown campus. At the co.nclusion o.f the public hearing, the Authority determined to. proceed
with the bond issue, and adopted the ;lttached Resolutio.n to evidence this approval.
In addition to Authority approval, federal tax law requires that the County Co.mmissio.n,
as the local governing body, inust also appro.ve the issuance of the Bands. This does no.t have to
be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A
Reso.lution for the Board to adopt is attached.
"-
Agenda Item No. 16K2
June 22, 2004
Page 1 of 11
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Agenda Item No. 16K2
June 22,2004
Page 2 of 11
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Request by the Collier County Industrial Development Authority for approval of
a Resolution authorizing the authority to issue Revenue Bonds to be used to
filtance Health Care Facilities for NCH Healthcare System for construction,
renovation, and equipment for the expansion of the North Collier Hospital
Campus.
6i22/2004 9:00:00 AM
Prepared By
David C. Weigel
County Manager's Offlce
County Attorney
6/11/2004 9:26: 13
AM
County Attorney Office
Approved By
David C. Weigel
County Manager's Office
County Attorney
Date
County Attorney Office
6/11/20043:28 PM
Approved By
Pat Lehnhard
County Manager's Office
Administmtive Assistant
Date
Office of Management & Budget
6/11/2004 6:01 PM
A pproved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
6/12/2004 1 :05 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Dat.e
County Manager's Office
6/15/20043:47 PM
Agenda Item No. 16K2
June 22, 2004
Page 3 of 11
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.... r+r ..,.. ~~-
C-->> ....1IOeO
M:Il:. (IIlIII ..._
laac 9. 2004
David c. Wdad..e.pre
~ ColmlyAIIIlrDe)'.
COIIia'Couty ~~.F
1UpIa. FL 34112
:k luae'~ 2004 ~
DarDa*;
1.. f'ft<':1nml& ,tile foI.lo'lriDr ~ ,for wJo+-- mdaO 1IIDl! 21. 2004 aaeack:
1. ~.Sammary reIatiD& toapp:ovaldf~~- A~
BcladS b.........ne 1!IdIIties.
z.
3. Exb!bils .~ ollbt ~_ ~ Idcpedbyme AI,Ihodty. hi
~ 0Il11llld." bducIiDc;u ..exllibic101M AIMborkjIl~~Ii""iIIe,
.~~l\114'. ~.ol)I\fardle...... ~ 1IariD&~"'''
i\IIdKd;y .
Si8ct "lYe III.. bMl pIIc:iDc.1beIe iteIDI OIl tbe CoueaI Apk ieI:aId1! I.... .
rcqucIt u.lbJI Uo bo .C)Il CoDIeIlIt. TIIIJIt yw for your UIistuce iatbil, Uxl if ~ line
,.,.~ or ... fanhr:r b4u..GlWticm. pleue ~ IIIC. . .
Vf:r/ tmI1 ,.s.
;fMJ
Dc.aJd A. Pictwortb
~
Agenda Item No. 16K2
June 22, 2004
Page 4 of 11
~LUTIONNQ..... _
ARESQ~tmON OF 11m BOARD OIr C011NTYcOMMISSlONDS,O'
COLUEllCOUNTY~ 1tORIDAAPPIlOVING tBllSStJANCE ANn SALt
or REVENUE IIONllS:BY taB COLLIER COUN'lY mJ)USTRIAL
DEVELc)~ ~tf'tIlOJllTY, AS RE~ BY SlCTION141(f),Or
THE INT;DNAL RIVENUE CODJ:, AS AMENnlW, ~ PROVIDING '
FoR~ BLATED MAnns.
WHlR.EAS.~ ColHer Counly Iudustrla1 Developmeftl AUIhority (the "Autborj,tY1 is .
bady coaporate and poIitio of Collier CoWlty,Florida ("'Collier County"') crated by Co11ic:r'C.~
Resolutic1a No. 79-34 duLy adGptoli by.r,be.aow of CoUilty Cnlll"'~ OIl FebnwY 27, .1979
pursu.iDt to partm ofChlpler 159, PloQ4aSW:utca, u 'l1lV..,dett.witb 1be power to isJUerewnuo
bonds for the purpoecs of fina.ncina . "project as defined in PartiI oCCbapcer lS~. FlOrida S1IdUIilS,
as anendcdj aud .
WBJl.REAS, NClf~ ~; Jne. (!be "Corporition") . Florida oat-lor-profit
~radOG. Jsas ICqQestlld tbeAucbcrityto isSueits Healtb C~ Fadijti.t.lReveaue BODds (NCH
HeaJtIani System. Ja,c. Obtipted Oroup), SorieI. 2004 (the "BondS") (or the purpose of makina-'
loan In the Qxporation~ .1ina,nce or reimburso Ihe. Corporation fl,)t the Cf;lItI of the Pro~ u
described in the Au1bority Resolution described bl;low&Dd 10 JIBS' cc:ttain e:xpeD.esinc:urrcd Us
~ with the iDwmoc oftbc &ocIs; Ed.
Wll'E1lEA8, Section 147(f) of the InremalReYenueCodeo.fl986, ..*Pleaded (the
''Code''),provideUh8t the .ted Jesi~YC bodyoftbe govemmcntal umlwbicl1has jUrisdiction
over tho ana in which the &cililf _finimccd withlbe proceeds of1ax-uempt bonds is locmc! is to
~rove the iIsuaDcec of such boQds after. public: bQu::ing; ad
Wlll:REJ4the Board of County C'.ommittioners of CoWer Coumy, Florida (the "Board")
~ 1be elected 1eifs1ativll body of the Couacy,and
\VHP.EAS" the AudIOrity caused . notice of. public beariDg to coaside:r approval of the
BoadI udlhe JoeatioJlaDd ~..ot1be Project too be pubIiabed OQ<< ~ May 26, 2004 in cbc
Waples DailyNcws, .~..~l ~aeaaal circulalion in comer Cowty, and Ii copy of said Dotice
i. .&ttad1ed to the AuthcriiyRe.ohitiOll cIac:ribed .he:reiD (the ~~"):.1Dd
WIBREAS, 1be Auibority bdd.. publie heariD& OD June 9-, 2004, pursuant ~ the Notice
and adopted. .resolutioo(tbe .. AudJmity :ResoIutionj ~ Ibe is.tuaDce of the Bonds, . copy
of which ;'..aI*bed hereto u ExIIibicA. aod baa recommended to the BoIld that it epprtJVe the.
iSSUBDCe of1be Bonds in acoordmcewit:hSection 147(f) oftbe Code; aDd
WBBUAS,for the nlISODS set furth above. it appean to the Bow that 1hc approval of the
I$SlIIQce IDd aal8 oflUC.hBoods as required by Section 147(f) oftbe'Codc is in the be$! intercsb of
Collier County~
I-
NOW, TllEREFOR.E. BE IT Ill!'SOL VED BY THE BOARD OF C01JNTY
COMliISSIONEJ:tS OIr COLLIER. COVNrYt FLORIDA, that:
Agenda Item No. 16K2
June 22, 2004
Page 5 of 11
Section 1.. . ~ of~ oftht Bmrds. Tbi.s Ik*d heleby llPJllOVcs the issuance ,
of the Booda by the AlIthOOty fOl'1be IMPOses described in the Notice pur:suIDt 10 Section 147(f) of
1M Code. The Booda &hall be iuucd in such ~ priDcipa1 ~ __ iD1mst at such rate
or rata, mature in ~ amoUDt, at amoUDts IDd be subject to reclemptioa as are approved by the
Authority without 1be further approval of Ibis Board.
ThO BoOds shill Dot ooDstiNte. debt, liability or obllption of Collier eo_, the Boerd.
my oftic:cr,1IpDl 01' employee ~ CalIier County, the State ofPloridill.OI' aaypoUtical subdivision
then:o( bUt tba1l be pay8b1e solely tnD 1be revenUCI provided tbereb.and neither 1be faith 8Dd
credit nor ,., 1IxbIt powr.r ofComcrCouoty or the State of Florida CII' iDypoJi... ~
thc1Wfis plodpd totba~orlbe piJlcipelof. premiUm,ifany, aDd bdcn::st onlhD &ads.
No DUIII1bcroCtbc Board. or any ofJiCcr or CD)ployee 1bereof sIIa11lie liable prnooaJ1y on the Boads
by reasOn 9ftboir~..t'
This apprQyal sb8Il in DO way ,be deemed to abrogate any reaaJatiocu of Collier.CouDty for
any PorUonsoftb8 Projectloeated within the regulatory jurisdictioa. oCCaUier Couary. The Project
man be subject to all sUch.rcgulasioDs, ~1udiDg. but DOt limited. to, the Collier Couu1Y GroWth .
M,~~ Plan and aU ~ n:quin:meOts contaioed tberciD aod the Collier Couoty LaDd
Devcl~ Code.
Sectlon 2. SenI'QbJllry. IfllllY section. pIfIgraph. clause or provision of this Resolution
shaD be bci1d ~ be invalid or ineffective for any reuoo, the remaindci' oftbis,RcJolution sba1l
continue in CuB fOIee * cffcgt, it bciDs cxprcssIyhcRby found mddeclarod that the remainder of
thiJ ~oI~ Would haVe bee;o~dclpilc the invaIidltyot ~I of~.sec;tion,
pamg'rBpli. cla~OI' proviSion. ,
SectiOn 3. Effcr:tIw Dole. This Resolution sball take ctrl:d immecIWely'JlllODita
adoptioD.and anyprovisioasofaay previoUI resolutioos in coafl.ic:t with tbeprovisiOnl ~Ue
~\ly supUsedecL '
PASSED~Ad.opqd tbia 22Dd day of June, 2004.
ATl'EST:
Dwiglrt E. Brock;. Clert
COLLIER COUNTY, FLORIDA BY
ITS BOAkD OF COUNT'{
COMMISSIONERS
By:
Donna F"wa. Chairman
Deputy Clerk
[SEAL]
2
Agenda Item No. 16K2
June 22, 2004
Page 6 of 11
U:SOWTIO'N NO~ Jtt4..I3
AN INDUCBMENT RBSOLUllON OF mE. COLLlEll
COUNtY JNDUSTIUAL 'D2VELO~ Al.i1l:J:ORlTY
REGARDING THB OFFICIAl. ACTJON OF mE
AUTHOll11Y wrm RESPscr TO nm. Pi,QPOSEI)
ISSUANCB BY 'nIB At1llfORITY OF ITS HEALnlCAllE
FACILI'I1i!$ . ~ BONDS (NCH HBAL'llICAllE
sYSTEM, INC, OBLl<lATED GROUP) smuES 2004lNAN
lNmAL AG<JB.OOAlE PRINCJPAL AMOUNT NOT TO
EXcEEolSO.()OO.OOO:FOR mE PlUNCJPAL PlJRPOSB OF
FINANCING CERTAIN COSTS INCURlFD OR TO BE
1NCURRm> BY NCFIHEAL THCARE.SYSTBM. iNC. (THE
.CORPORA nON") IN CONNECTION. WITH THE
ACQUISI11ON. CONSTllUCl1ON. ~OV AllON AND
eQUIP;PlNO OF cBR.TAIN REALm CARB P.ACIU11BS;
AUllIORIZINGnmEXECUltON AND DELIVERY OF A
PRELIMINARY AOR.EEMBNTBETWEEN THE
AUTHORITY AND THE CORPOAATION. AND
PROVIDING FORRBLATED MA'I"JERS.
. ~NCHHa!tbaae.System.1Dc.. a]lIoridaDOt-for.1lrofit~ (the
"CorporatiOn") hu IpIlJiCld tocheCoUiet County IDdustria1 DeYeJopmall A1Itbority (the
ilAutbority'') ~ ~ .Mries of ita private IWvity m'CDQC boJids in the ~. agrcgate
. piIIoipai aoum of not 10 exceed SSO.OOO.OOO (the "Boads") for 1bc ~ pw:poe of
fin........ cataiIl eOla. of C08Ib1ictioo. reooYtIiaa _ equippin& of certIiD ~ care
facUldes(1bc ~'") to be CJM1r:d" wt-AA by tbc'CorpontiohaodP*Yfaa,~
associated with fbt~roftbeB0n4s;_
WIlIREAS, the "Projcd". . described fa the ~,.c;oosists of
~ raIO~m4 cquippina ~ care fldlilia, Jodudiag, wbhoat
limitldioa, . ax-story p.tieol.1oWer. a SOO air paddna fadlSty. aad tho I'CIIO'Va1.iOD and
re1ocmOll of certain Clldsting eervi,* at the North CoDkdioepital Campus ud to pay
certain expc::88CI iDcumd ill iXlDDCCti.OD with 1be iSIOIDOO of the Baads; IDd
WBJtREA.S.1be ~ _ rcqueatcd 1bat, tho~ 10lID tbepc<<eedl
otthc Bonds to ibeCotpcndOll ptIt1UIDtto Qurpter 1$9. PmI n IIld m. Florida
Statutes. or such other provision or p:oviaioas ofFIorid& law II the Authorit;y may
ddi:nnine 1dviAb1c (1bc "Act") .in ord<< to aocomplitIl the foreaoiD& purposes; IDd
EXHtIIIT A TO COUNTY
~
Agenda Item No. 16K2
June 22, 2004
Page 7 of 11
WilERBAS, tho isswmco ofdle Bonds end the ~ orthe proceeds 1bereottO
~ CccpmUion to t'iDaccl1be COlli of the Project UDder' lo1D ~ crodl<<
fiDaodDg apem__ punuIDt to 1bc tams thmlofwllicb will provide 1bat payIDCIda
~be It le8IIt .6ienttoP1"~ otlDllialaatlDd ~
~..~. if aoy.,OIl Sudl Bood&'" fUCh otbcuo...lD~ dl-41witbll maybe
iDcurred ~ ~ Amhodty. will UIiIt tile Corpoistitia 8Dd pramo&c the public }IQI'}".dlllS
provided in the A1:ti aad
WQKRI'.AS. iIl....t.o ..ii.ty c:ataia of_ ~ ofSccdoll141(f) Gftbc
lIltaM1llewaDcCodc of 1986.. ~ (1bc -Code"), tbDAuIIIority did 0Il1bc 4fItc
ha'cofhold . {JUlIne ~ OIl.-propoICCl ~of1hc JlcIads for 1M ~
herein Slated. whidl cI$ Is men tb-.l-4days fo11owiD& die fine pubJkation ofJlOlioe of
such public bearin& in allCWlplpCl' of gencml cireuJation in Collie: C01JIIty and whid1
public bearing wu cqrvh........ In alUDn<< that provided atr.oaablc oppodUIUty for.
pm!OU with di&rin& views to be hcBd. both omlly lIDIl ill wridng. on 1bc ~ of1bc
BoD and dae 10cati00 IDd.DIIlIn orabe Project. as DR ~ describod in*,
DOIi~ofpubJk~ ~ badBu Exhibit A; IUd
WBERUS, it ~ ~ 1M( chit ResoiutiOll shall COOItitute official action
towW 1118 illfuaoce ofGle BoodI witbiD tba metaUnJ oCtile applicabbl UDi1cd Statc:I
Treuury RegPIMlC'iftA in addi1ioa to my oda' K:d.on duIt may,baw: bcrdofcR bcm tabu
.bydlc~ .
~w, 'J'l[ItRUORB. BE IT RISOLVED BYTU COLLIER COVN1Y
INDUSTRIAL DEVELOfMBNT AllTHORlTYi THAT:
SECTlQN 1. . A1lTBORlTY Po1t. TBlBllJSOLUTlON. 'Ibis
. Resolution is adopfr4puiBuaBt to 1M tmWIsKms ofd>> Act lad otbcr applicable
provisiaasof law.,
SICTION 2. PBLIMINARY STATEMENT. ThisResoJution is
ente:redi:ototo permit the.CuponIion to proceed with the fiuacing of the COI&a of1be
Project mcl topro.vide" ~.OfIntaJtiOD by the Audwlrity. prkrto th8 i,.........,or
tbc Bonds. Jo UJC Ed ad1 dac iIouds ad.. dac proceeds Cbcreof...u.ble for such '
pUlJl'llSClo all ill ~4a4c6 with aoeJlUbjed to the prcMIiou oftbe Act. the ~
and 0Ibcr ~ of 1bc St8te ofFIof:iU and the 1awt of the Uaited States of America.
iDc1:uding the Code, cd cbiJ IlcIolution. but subject In all respocta to the terms ottbe
Preliminary Agre:malt
2
Agenda Item No. 16K2
June 22, 2004
Page 8 of 11
,-
SBCriON 3. APPROVAL 01' 'fIB FINANCING. The f'l.dDcingof1he
cosIs ofttle Project by lbc AIltbority Cbroush the ,issuance oftbc Bcmds, pwsu8Iit to uae
AU, willpromcte the economic development, prospcm;y. ~ and welfare oftha
~ ofCollierCouaty,will,promote the pmnl econooiiclSlluCtul'e of Colli<< County.
$ndwill1bcnby aaYe the public pmpo8Cl8 oftbe A<< ind Is ~.'pre1Jmin8rily
~ subjeec, boWilWCt. ju'all ~ClCtS ~ tbe.~,~ the concUUons ~
forth in the PreDmiDary Agtecmc:at 10 the .ole ".,mmnn t)ftbe Aurhorlty.
SEenON 4. ,AtJ'liIolUUTlON OF TIm BONDS.~ Is bcreby
Iidborized&o be isluod .00 tile Authodt;y bcreby ~.ud&MlS to issue tbeBeads,if 10
requested by the ~ SlId IIIbjeci in all respects to 1he condit1011J sctforth in the
~~ Agrccmem. in IIlI1grep1e priocipal amount not to exceed $50,000,000 for
the pri.Dcipa1purpose of fiDallq the costs of the PrOject. deic.iibed in thePrdim.iD.y
Agrct.mC:ait. The 'rlde,oflntcrest payablc on ,the Bonds shallDOtcxoeed tbcOllXimUQi rate
pt't"'\1ttM by l&w.
SECl'lON~, GJUlIER.4L AUTHOlUZATION. The ChairmaD aDd tbe,
VJCe-Chaimwl arc hereby furtb,ar autborizecl to proceed. UJlOIl'c:xecutiOl1 oftbc
Pre1~ Agreemeot, with tbeUDdafakinp provided tor 1bemD' on the pitt of the
AUIborityand. 8R tbrtba' autbcriud to take such .stqx andactiOO$1S may bercquitcd at
neCCM&tyin 0l'!M:r1o c:&uac the Au1bority 10, ~ IhcBooda subjectio all ~to the
terms and CODditiODia Jet forth in thePrelimioary AgrecmenttUborlzed hereby.
SJl:C110N " omCIAL ACl10N. This n:solutionil an otlicia1 action of
the Authority lOWatd 1ht .wmce oftbc Bcmd8. IS cootcmp~ 10 the PreliDt.io.-y
Agreement, ill acconIaoce with the pmpoaes of the laws ottbe Staie OfFJorida.uS the
applic:able United 8mtes ,Tmuury ResuJations.
SECI'ION 7. LJMlI'IJ) OBUGA TlON8.TbeBoods and the iQaenst
thereoJj shaD DOt ooD8ti1utc lID in4cbIedncss or pledge of tbrJ ~ cn;djt or taJdng
power ofeolllct Cduoty.tboStatc of Florida or any political subdivision or agency
tbereofbut lball be pa)'llble solely hllnhe flMQUCI plodgcd therefor: pursuant. 10 a loan
agroemmt or<<ber financing lIgRaIleot cntered iDto betMca the ~ aodtho
CorporatiOll prior to or CODtemjxn1eoualy with the isauMce of theBonda. The Authority
has no taxing power.
SEcrION S. LIMITED APPROVAL The approvalsivea herein shall
not be construed as In appronI or CDdonemcnt of approval of .'1 noccUll.')' rczoain&
applications nor tor III1y otbct lqUJatory' permi1I.rc:JatiDg IotbeProjoct arid the Authority
shall not be eoastzucd by rcasOD ofits Ild9ption ot'this raolutiOll to have waived 8Ily right
3
-
Agenda Item No. 16K2
June 22, 2004
Page 9 of 11
of CoIikrCounty <<cstoppIna COlIi<<. County fi'9m assedingJlllY rights or reepoD81~
itiDay bAvc in 1hIt rcpd. ..
SECI10N9.
iJnmodiaIely.
un:crm I)A TL This Resolution sba1l take effect
. ... . .
COI...LURCOUNTY INOOSTRIAL
~~
4
Agenda Item No. 16K2
June 22, 2004
Page 10 of 11
.~
~ pally....
~, YL3U02
AUl~tof 'abU.~ClD
'w.p3... bail,. .....
... - -- - ~. -... - ...--- - -:--~- .---:- ...-' ------ -.....-... -- --- -- - - - --
1l1~. .~,.A.
S150 '1'MQ.lIm aL . IIC!2,
DPL1I8.yz, 3U03
.......-.a a OlOn6
..' .... IMlo.02 ~1ce of IIpecU1 ..
state of rlcltd.da '
~J:~~,...~.~ty, ~ly .'
~'.. LMIb. 1lIbOClD,1NA:ll AY8 tMc aellCftll
.. AubtaDt: ~~ .hcI~ at ~ 1IIIIpl. .
~~ft:'~~:~~J:1.~~'
~~Jt': 1~~'~~.-14 ..
.AI iiiDt. :~ _". .~ H.l.4 _1... Ildly
=l~ ~~U;~~ .. ~~~.~"'8aU
~~. hat tofoE'e.~ ooctUllacullJ.y
pubUlIbed. .. 1A .114 COW. . '.c CiaUty...... . I'laid.da. uab
day a4 baa' J:Ie.a ...ten4 .. ..oiiiI4 ,.ca.... -.u
_t:t:1I% at; t:lIla ~ oUiceirl JIIIf~. u MJ."
Collier ~, Plorlda.' ~ :_ ~0lI of "1 p.z
.aaxt. ~~tbe fU.t IWbUcat.iCIIII. of tl!.e
,at:t;.adroM! cOw of. ~.' tl.rlA4atUmt
furtbn .. tIaat; .. lIIiII -. .PJd4 -
p~h_ ., pmICIli fU. cxr CIOqIOZ'lltloa ally
di8co\lDl:. ribilM. ' ~ClII..' . .(/C. ~'fOJ:' the
I!UrPOIIe of ~ tILt:. iIIIltnrti.... for
PubUetiCIIII.Ua t::JM ii&id '-&1il'1SIe;....
tcat.lIHllDClfa 01/24
AD 8~: 16q.OOO ~
PIIBD""a OS/26/04' . . '
. ~:;:=_ ~ _:;~~::. 0 on __;;:_~ ::q_____ __. - - - - _+___ __ _-0- 0_
:::,;=::~~;. ~"i; -iH~
CD ...............
'*~ "iiiiiMt ..
>>MD7 .
-___~JIIl;
EXIII8I1' . TO MmIOIUT't'-
ItDI8IdI'IIC*
.__..-_.__.....;;.,;.....4..-------......,' ...-_..-....
2 fItJ!f
Agenda Item No. 16K2
June 22, 2004
Page 11 of 11
A VROW2003.AR4854
SHEET I OF2
EXECUTIVE SUMMARY
AVROW2003-AR4854 to disclaim, renounce and vacate the County's and the Public's interest
in the 25 foot wide alley as shown on the plat of "Rock Creek Pines No.2," as recorded in Plat
Book 2, Page 86, Public Records of Collier County, Florida. Located in Section 11, Township 50
South, Range 25 East.
OBJECTIVE: To adopt a Resolution to vacate the 25 foot wide alley as shown on the plat of
"Rock Creek Pines No.2."
CONSIDERATIONS: A VROW2003-AR4854 has been received by the Department of Zoning
and Land Development Review from Peter T. Flood, Esq., as agent for the petitioner, Shad Davis
Inc., requesting the vacation of that portion of the 25 foot wide alley lying south of Lots 6
through 14 and north of Lots 37 through 45. The Petitioner owns these lots and wants to combine
the alley with the lots to create one development site.
-
Resolution 82-97 vacates a different portion of the alley, which lies south of Lots 22 through 24
and north of Lots 27 through 29.
To vacate only that portion of the alley requested by the Petitioner would create gaps in the alley
where some portions are vacated and some portions are not. Thus, the alley should be vacated in
its entirety to avoid these gaps.
Additionally, the alley was never dedicated to Collier County and has never been used by the
County or the Public. The Dedication on the face of the plat states "... and has caused such land
to be subdivided into lots and alley as shown and does hereby dedicate said alley to the use of the
abutting property owners forever."
As a result of the Dedication language on the plat, the Petitioner shall send notification to each
and every affected property owner of the vacation.
Letters of no objection have been received from the following Collier County Offices:
Transportation, Engineering Services, Public Utilities, East Naples Fire Department and Sheriffs
Department. Letters of no objection have also been received from Comeast and Time-Warner. It
is the responsibility of the Petitioner and the abutting property owners to make any
accommodations that Sprint or FPL may request. Zoning is C-4.
-
Agenda Item No. 17 A
June 22, 2004
Page 1 of 27
A VROW2003-AR4854
SHEEr 2 OF 2
FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the
petitioners which covers the County's cost of advertising, recording and processing the Petition.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
ENGINEERING SERVICES STAFF RECOMMENDATION:
Recommendation that the Board of County Commissioners:
1. Adopt the Resolution for Petition A VROW2003-AR4854 for the vacation of the entire 25
foot wide alley as shown on the plat of "Rock Creek Pines No 2"; and
2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board
to record a certified copy of the Resolution in the Official Records; and
3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat.
..-.........>;
-
Agenda Item No. 17 A
June 22,2004
Page 2 of 27
;....-~
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONF.,RS
171\
This itf:f:1 requirr:$ that ell! partiC:pant5 be sw()rn in and ex peEte c::sclc.sure be
pfcvjd~1d by Ccmm::;sic.n membe:-s. AVROv\'20C3-AR48,S4 to discJ;;:ffi.
renounce an..~ vacat" trHi: CfJunty':; ii1!'r:J t.he pur;l:c's ir:ter~~.t in trit1 25 toot wida
..!ley as $h:.wm on the pint of "Rock Cr!3ek Pines No 2: a" recr,rcte(j in Plat
800k 2, Paga 86. Pr;blic Records of Collier County, FIGrirj.. Locatet1!n Secticr.
11, To....nship 50 S,mth, Range 25 East
612212004 !'l:G'f;'OO AM
Prepared By
Rj(;~; GI~~9
Cl>tnl!'loJflit)' Oe\'eloj)lllem to
Eno(irc:lllNlntal Sp.Nk-fll\
L6!',d SU1"y.t)}!U.t
~Illr.!i!!l': 10'03'0$
AM
(:ng,nep.:io\i $"",1<,.<',:,
Oat"
Approved By
Th!>m;,,. E. Kuck, ".E.
Ccmmunit)t D{:-y'~~c-~m{:rst &.
F.:llvlmnmenll5l S,'rlk.;;~
CriES E~~if,{:~rins; Sel"y'lces DireL1cr
em:$ !:nginep.:io\i $"",Ir.<',:,
;i11t.!20114 Sl:~:; AM
Approved By
Oatp.
Ccn$.ttt:"H"'~ A~ J~Jhr~SCH
Comm:wity C..v..fc;.",wnt &
En"iron'l'l<;nt3f Services
OP'H<lt,um: A",..ly>\t
Co,.,.,,.,.u;r::\)i Op."..lopmp.rlt &.
Erwlronmentlll Services A.:l'l'lin.
5!19!Z(}0410:4ifi AM
Approved By
El3t"
~)1lndf'J Lt-"
C"rrH'1..lIlit'/ [levp.!o~ment 8-
Environmental S.)rvlo:!:
::xecutjva Sf:r;rvtQr>J
Gornmltnlty ,}.,,,,,Iop...,,r;t &
Environment,:;! Servl~s Admin.
S!1~l2Q04 1 O::t9 AM
Approved By
JCl\eph K. $;;t;"1itt
Com,.,."wity C..v"lcj)",..nt &
En"iron'l'l<;nt31 Services
COll1tnur'!ity ;)e'("!<sp",,,,,t &
Errytr!.uHr~'Sn~: $ervlct!:> Acimiflfjtrator
[)3t~
Co,.,."nu":\)i Op."..h>pmp.rlt &.
Envlronmentai Services A;:l'l'lill.
5!2!ir.!(}04 1 :57 PM
[);,f:9
Approved By
I',..t I. F:l'>ot;3rd
Cco.mty M<l"<lli""l> orne..
1".;Irn,"i~tr,..tjvp' A~~i",t"'nt
Offi<;p. of Managlunp.nt &. Bud9"t
Sl26ilOcl4 2:03;>M
Oat"
Approved By
Mk:!llilel Stn)'kows~j
Cm:nty MMlISP.F'S Off,c:e
Mar'!aQ~m.mt & BoJd9"t Dir".ct<sr
Off:;;" of M3o3g"m"ot & f~o;dg<<t
6!12r.!iiO.: 12'18 PM
[lllUt
Approved By
.l",mF:s v. Mudd
l?oclIrd of Co:mty
COFr!m;c;:sior!-:-fs
COUFlti MaFla;e!'
County Managl>,.'s om::e
611M2C04 12,;)4 PM
Marl;. I~ao\.~so.ro
El",t"
Approved By
C!.;I.,mt~ M:.r;.y~;J$; OO:c$
,~...d9<<t Ar.:siyl'rt
om...... cf Manallp.mp.nt &. Bud{l"t
619!?0C4 2:2& 1>1\.1
,-
Agenda Item No. 17A
June 22. 2004
Page 3 of 27
RESOLUTION NO. 2004-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION AVROW2003-AR4l!54 TO VACATE,
RENOUNCE AAT{) DISCLAIM THE 25 FOOT WIDE ALLEY AS SHOWN ON
THE PLAT OF "ROCK CREEK PINES NO.2" AS RECORDED IN PLAT
BOOK 2, PAGE 86, PUBLIC RECORDS OF COllIER COUNTY, FLORIDA.
LOCATED IN SECfION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST.
WHEREAS, pursuant to Section 177.101, Horida Statutes, Peter T. Hood, Esq., as agent
for the petitioner, Shad Davis, Inc., does hereby request the Board of County Commissioners to
vacate, renounce and disclaim the alleged easement for the 25 foot wide alley set forth below
over and aeross a portion of Section 11, Township 50 Sou!.h, Range 25 East, Collier County; and
WHEREAS, the alleged casement for the 25 foot wide alley appears on the plat of "Rock
Creek Pines No.2" and recorded in Plat Book 2, Page 86, Public Records of Collier County,
Florida: and
WHEREAS, the granting of Petitioner's request will not adversely affect the ownership
or right or convenient access or other property owners and will not alTect any property rights that
property owners in "Rock Creek Pines No.2" may have in the 25 foot wide alley; and
WHEREAS petitioner has notified and provided proof of such notification upon each
and every affected property owner of subdivision lots 1 through 50, excluding those lots owned
by !.he Petitioner, of !.he requested vacation; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIOI\"ERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests,
if any, over and across the 25 foot wide alley more particularly deslonbed in the above referenced
plat, incorporated as if set forth herein, is hereby vacated, extinguished, renounced and
disclaimed and this action is declared to be in the Public's interest and will provide a Public
benefit:
BE IT FURTHER RESOL YED, 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.
This Resolution is adopted this day of
after motion, second and majority vote favoring same.
,2004,
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
Donna Fiala, Chairman
Approved as to form and legal
sufficiency:
Jennifer A. Belpedio
Assistant County Attorney
Page 1 of 1
Agenda Item No. 17 A
June 22, 2004
Page 4 of 27
Date Received:..
. -.. ---.-.-.
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Attachment" A"
16 A;l"~};;
---~':;~, ,
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Petitioner: ~:;jq0 /J~l4/~fN(t, I~A'Y/at,G~
AC. dityd/rSet5aSt: e: ~~,!, c.l~e ;;:!I"ir~~Z . Tel.p,~~~i0Ji~!,;Jj'h1 )7'4
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Address: /t[.. ,IV'. .P1~.J/.. ~o2.-
City/State: /I/:."r./-...{ . ./-"t",. .
Road Name:.... @erA (" . . (to. 'F;-'9. .
. Location: Section II. Township 50 Rangf. z5 Plat Book '....f2. .'<Page(s) '?Co .
Legal Description: SE. e... .. ..f'5.-t1r?f..~,\...,I\ ., . ,
Current Zoning: .. C -4... ... . .
Reason for Request: ..tI;;6-0~
Doestbls affect density? 11/0
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Agenda Item No. 17 A
June 22, 2004.'
Page 5 of 27
Attachment "A"
Page 4 of4
Official Receipt- Collier County Board of County Commissioners
CDPR1103 Official Receipt
Trans Number
437792
Date
10/10/2003 1: 15:34 PM
Post Date
10/1012003
Appl Name: PETER FLOOD. ESa
Appl Stage/Status: REVIEW STAGE NO. 1/PENDING
Address: 125 AIRPORT RD NORTH #202 NAPLES FL 34104
Proj Name: DAVIS ROAD VACATION OF RIGHT OF WAY
Type: TAZ: 127/13
Subdiv Nbr: 1551
Project Nbr: 2003100021
Payor: SHAD DAVIS
Fee Information
GL Account
13113832632910000000
Total
Payments
Pa ent Code
CHECK
Account/Check Number
2238
Total Cash
Total Non-Cash
Total Paid
Memo:
Cashier/location: MCCAULEYKA1Y / 1
User: SMITH_ G
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
As~~~~~~ ~~~57 PM
June 22, 2004
Page 6 of 27
Agenda Item No. 17 A
'" . June 22, 2004
, Page 7 of 27
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IjOll. TKEREFORE,SE IT RESOI.YU ~l1lt\ll' foOowlnllducrlb,cr portion
of . plat be and is hereby Ylttied:
That cer\tln 25 foot .1lty~ ".Hot tile hit
. lo\ line. of LOU 2~ Ind 29.' In4 Eut I)f Ut
Wut LOtLlries of LlltsUand t1lor~he ph\
tbtr~of. Rock Crukj)1nn No. t, IS l'tcorded
In Pht BoOk 2, 'lgI86. of the lIullUC Records
of Co II S tr County. FlorU,.. .
.' .
BE n FURTHER R!SOLYED tl'llt the Clerk is hel"ebldl rectlut to rei:ol'd
tills ftesolutSon In the P\lbJlcR.~ards af Collier COVIl\1ond\o ..k. '
t\otatl1n on uld portion of plat hireD, nCIt.lld.
CO", ss loner off. red tn. foregoIng res 0 lllUon
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June 22, 2004
Page 14 of 27
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LIST OF PROPERTY OWNERS:ROCKCREEK.
PINES NO.2
Lots: 1-5
Lots 15,16,17,
34,35,36
James A. Rowe Trustee of
James A. Rowe Living Trust
2725Da>~jBlvC 2';1<:')( ee3Z
Naples, FL 34184 ' 34/0 I
Lots 18,19,32,33
Jerry & Audrey Stone
Trustees ofth6 Jerry S. Stone Replicable Trust 1999
6521 Livingston Woods Lane
Naples, FL 34109
Lots 20,21,30,31
Jerry & Audrey Stone
Trustees of the Jerry S. Stone Replicable Trust 1999
Lots 22,23,24
272829 & LeTS z5 4 zt.P
, ,
Vacated Alley O.R 1659 Pg. 1401
Southern Region Development Company
2695 Tarpon Rd. '
Naples, FL 34102
Shad Davis Inc.
'280 South Collier Blvd. Apt # 202 ..,
Marco Island, FL 34145
LOts SI/2 48,49,50
Prospect Shadow1awn, LLC .
'3510 Radio Road
Naples, FL 34104 '
Agenda Item No. 17 A
June 22,2004
Page 16 of 27
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~ COLLIER COUNTY GOVERNMENT
fJ.-ONQ.l
September 26, 2003
2.U>
B'r&5 S. HORSESHOE DRIVE
NAPLES, FL 34104
(941) 774.8494
FAX (941) 659-5787
trans portation@colliergov.net
TRANSPORTATION SERVICES DIVISION
TRA~SPORTATION OPERATIONS DEPARTMENT
Peter T. Flood, Esq.
125 North Airport Road, Suite 202
Naples, FL 34104 '
'Re: 'Request"fu
Portion of ey WI
"Shad Davis, Inc."
Dear Mr. Flood:
~ ~ . . I
The Transportation Services Division, inCluding the StonmvaterManagement
p'epartment, ~as ~c::vi9wed your request for a LaNa for the subject alley and we offer the
following infomiation for your use'.
The plat, as cited above, contains the following Dedication:
'This is to certify that the undersigned is the owner of the land herein described and has
caused such land to be subdivided into lots and alley as shown and does hereby dedicate said
alley to the use of the abutting property owners forever [emphasis added]."
Based on that dedicatio~ it does not appear that Collier County has any interest in the
said alley. Therefore, the Transportation Services Division cannot offer any opinion as to
whether or not the vacation should be granted. Rather, it would appear that your request for
such LONOs'should be directed to the abutting property owners:-
If you have any questions regarding this matter, do not hesitate to contact me.
Edward J. Kant, .".'.'.
T~J>oitation Operations Director
'" -," ",'. ' ",
i ,'"i,,';" ;: " '.;._
cc: "RicJ:i~(rGrigg, P.S.M., Engineering Review Services
File: Vacations
Agenda Item No. 17 A
June 22, 2004
Page 18 of 27
.,_.c.",' .,~-,..," ,~,<,.", ".'.:,
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.-'
PETER T. FLOOD
ATTORNEY AT LAW
12B NORTH AIRPORT ROAD. SUITE 202
NAPLES, FLORIDA 34104
TEL.EPHONE 12.3..) 263-2177
FAX(239)2~787
September 23,2003
[La -1Jt)J
Collier County Engineering Services
John Houldsworth
2800 North Horseshoe Drive
Naples, FL 34104
Re: Proposed Vacation of Alley Way
_.
This is to advise this office represents Shad Davis IQc. Charles in regards to the
above captioned matter. My clients are requesting vacatiOIl of the Alley Way located on
the attached plan. This alley has, not been used in years. I am requesting that you sign
below to acknowledge that you have objection to the vacation. I have enclosed a self
addressedstarriped envelope for your convenience. Please do not hesitateconiact me if
'you have any questions on the above.
Thank you for your response on this matter.
Tlie undersigned does agree to hav
By
~~ ~\~~
Title
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Title
l-A.~ \)tv gfj2.. S.\~~L~ OI.A)N~~~"'\1, k!O ~\:Mft~o. 17A
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CC ENG PLAN ROOM
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PAGE
10/28/2003 ' 17:13
9417322585
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Agenda Item No. 17 A
June 22, 2004
. . ' , ' ' ~' , . , f _..paae 20 of 27
g;~t:l1gmeera1g lech\casement-r.o.w. ~ V-003\alleyv>ay south of davis boulevard, west 0 :ill>1do~El'wll> '.
dnve.doc "G . ~, I (, i " ~ c,. <> ", >J ... ..., ,.'
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East Naples Fire Department
.4 798 Davis Blvd.
Naples, FL 34104
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PETER T. FLOOD
ATTORNEY AT LAW
'25 NORTH AIRPORT ROAD. SUITE 202
NAPLJ;:Il. FLORIOA34104
TELEPHONE Cl3111 263.2177
FAJ((2311)2~787
September 23, 2003
-;.."........:.''"-,
Re: Proposed Vacation of Alley Way
Thank you for your response on this matter.
This is to advise this office represents Shad Davis Inc. Charles in regards to the
above captioned matter. My clients are requesting vacation oftheiAlleyWaylocatedon
the attached plan. This alley has, not been used in years. I am requesting that you sign
below to acknowledge that you have objection to the vacation. I have enclosed a self
addressed stamped envelope for your convenience. Please do not hesitate to contact me if
you have any questions on the above.
-.
....
, ,"
.,. ....-.- -'-,- '
The undersigned does agree to have no objection to the proposed
BY~.
Tide~ ~-
Print NameJ(o b-!4 r "S t-h,,,,J / l.
Title p; ~ '-e J, e ;:::
-
I
Agenda Item No. 17 A
June 22, 2004
Page21.of 27
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3301 Tamiaml Trail East. Bldg. J. Naples. FL 34112 '
(941)774,4434 www.coliiersherjf!.org
f&..o:.1O'J
SHERIFF DON HUNTER -COWER COUNTY
.....,
.. ~ "
~"~~~~
Mr. Peter T. Flood,
Suite 202
125 North Airport Road
Naples, Florida 34104
.--..;-:.,
;,.,,,
. ,- ~--:-"~;
RE: Petition requesting vacation of an alley way located off Shadowlawn Drive and Davis .",
Boulevard (SR 84)' ,.
'-"
, Dear Mr. Flood: '. " .,..r,..... ,-.,.-.-..--------........., "." .,.,.,
Staffhasreviev.ed your request for a l..{';;~~ "No Objection" fo0L'~l)Ve described ..
project. The particular vacation is as described in your letterof September 23,2003 and as ,
shown on the dra'Ning you attached to same. "-~
.. ;:'-"'::>--:-~,:
DH:gyldv
Fiie .
Agenda Item No. 17 A
June 22, 2004
, Page 22 of 27 /':-.......
'.d~~
l-.:'IJ'---~~
"The .dutyof the Collier County Sher,iff's Office is to preserve and protec~ "."'<</::i~>>.",,.
tile lives, property an:! conslltut:onal guarantsis of all persons.' "~
, Corneast
Scott Miller
26880 Old U.S. 41 Road
Bonita Springs, FL 34135
08:14
239:3348575
p,nf:,E 02
1 ~i1~nl~;!"'"':l
_ _I _'_.' _:.,)-J,_'
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'Olis is to advise this oftice represents Shad Davis Inc.Charlesln regards to. the
above captioned matter., My clients are requesting vacation, of the Alley ,,\V ay located on
the attac,hed plan. This alley has, not been used in years. I am requesting that you 'sign:
belo\-vto acknowledge that you have objection tothe "acation.. I have enclosed a self
addressed stamped envelope for yourconyenience. Please do not hesitate to contact me if
you have any questions on the above. .
Thank you for yourresponseoll this matter.
_.
Title~.'L.~./A" ' ~"d . 0(;;'.$-'9"
Print )JaJl1e_&Li:J:..~LU~._L
, Title_f'~.... 't. 'l.:J ""'A.rL/) ~~3-" :
~ TIME WARNER
,"CABLE
r ... OND)
October 28, 2003
Mr. Peter T. Flood, Esq.
125 North Airport Road, Suite 202
Naples, FL 34104
......... ....... .. .. ..
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... ............---..
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Dear 'T}'lbQd: . ..
...................
....
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... ...................
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+i~e\\r~er Cable(T\VG),Wiili franchiSe}luthority in Cdl1i~rQ6pnty, and FI6ti~..,
'.,.,..,..:....:.e;~~~:~em~le~~~~%:~~~ili:~~~~~~~I~~~::;c~~:~~aIl~for....,::.:.,:,.
'VaCation of the easements. ," ' ..,',)U:..
~:~:~~uc~~eJhestions ot~~any .d~ti~nal inf"~~P~~~;~~;
Sincerely,
...... '. .........
._.._....... _.. _.d._.'
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......- ,_.....
FOR TIME W A..ll.N.e1J.CABLE
MS/dm
cc: Commercial Development Dept. TWC
Joe Crone, Director of Technical Operations, TWC
1610 - 40th Terrace, Nnple., Florida 34116 Tel (239) 598-1104 Fax (239) 455-2187
1418 SE Tenth Street. Cape Coral, Florida 33990 Tel (239) 574-2020 Fax (239) 574-2813
A DiviJion Of Time Wnrller Entert..inmenr. L.P.
Agenda Item No. 17A
June 22, 2004
Page 24 of 27
-
* Sprint
October 20, 2003
Peter T. Flood
Attorney at Law
125 North Airport Road, Suite 202
Naples, Florida 34104
p.o. Box 2469
Naples. Florida 34106.2469
ll-D uO 1
RE: Statement f No Objection Bloc~' Alley Rock Creek Pines No.2
Dear Mr. Flood:
-,
Attached please find a Statement of No Objection to the above referenced property which
is subject to the specified conditions.
If you have any questions or need additional information, please do not hesitate to contact
our engineer for that area, Luis Negron, at (239) 263-6293.
Very T~ours,
r~/--4-t /0
RobertB. Whaley --;
Engineering Manager - Naples
RBWlbp
Enclosure
-,
Agenda Item No. 17 A
June 22, 2004
Page 25 of 27
..
October 20, 2003
Page 2
Sprint currently has existingfacilitieslocationin the
'area of the proposed vacation. A utility easement - " '
shall be provided to Sprint in the proposed vacated right-of-way;
Sprint-Florida, Incorporated
~
~
' --" """':.L '
, '
BY:'.' ',~.'--','.-.'
, Robert B. Whaley,.' '".. ,'."
Engineering Manager - Naples
''''-',..'''
Agenda Item No. 17 A
June 22, 2004 .
Page 26 of 27
--
Sheet 1 of2
A VPLATIOO4.AR5927
EXECUTIVE SUl\1l\1ARY
AVPLAT2004-AR5927 to disclaim, renounce and vacate the County's and the Public's interest
in a portion of the 20 foot wide Lake Maintenance and Drainage Easement located on Lots 1
through 158, Tract F and Tract X, according to the plat of "Stratford Place" as recorded in Plat
Book 40, Pages 15 through 21, Public Records of Collier County, Florida. Located in Section 18,
Township 49 South, Range 26 East
OBJECTIVE: To adopt a Resolution to vacate a portion of the 20 foot wide Lake Maintenance
and Drainage Easement located on Lots 1 through 158, Tract F and Tract X, according to the plat
of "Stratford Place."
---
CONSIDERATIONS: AVPLAT20Q4-AR5927 has been received by the Engineering Services
Department from Norman Trebilcock, P.E., A.I.c.P., from Q. Grady Minor & Associates, as
agent for the petitioner, Pulte Home Corporation, requesting the vacation of a portion of the 20
foot wide Lake Maintenance and Drainage Easement located on Lots 1 through 158, Tract F and
Tract X.
The Lake Maintenance and Drainage Easements are used for the purpose of providing access for
maintenance of the adjacent lakes (Lake Tracts L-l and L-2). Maintenance of the lakes is the
responsibility of the Stratford Place Master Association, Inc. A portion of the easements is being
requested to be vacated because the Petitioner wants to construct air conditioning pads on the
rear of the homes that are to be built on these lots. These proposed improvements will encroach
slightly into the Lake Maintenance and Drainage Easement. The accessory structure setback in
the rear of the lots is 10 feet from the control elevation of the lake, so a variance is not needed.
There will be a distance of at least 20 feet between the proposed improvements and the control
elcvation of the lakes which will satisfy thc requirement for a minimum of 20 feet of
unobstructed access around the lakes.
A list of adjacent properly owners is not needed because the Petitioner owns all lands within 250
feet.
Letters of no objection have been received from the following Collier County Offices:
Engineering Services and Stormwater Management. A Consent and Joinder has been received
from Stratford Place Master Association, Inc. Zoning is P.D.D.
-
Agenda Item No. 178
June 22, 2004 Page 1 of 32
Sheet 2 of2
AVPLAT2004-AR5927
FISCAL IMPACT: The Engineering Services Department has collected a $1,000 "Petition to
Vacate" fee from the petitioner which covers the County's cost of advertising, recording and
processing the Petition.
GROWTH MANAGEMENT I1\1P ACT: There is no Growth Management Impact associated
with this Executive Summary.
ENGINEERING SERVICES STAFF RECOMMENDATION:
Recommendation that the Board of County Commissioners:
1. Adopt the Resolution for Petition A VPLA T2004-AR5927 for the vacation of a portion of the
20 foot wide Lake Maintenance and Drainage Easement on Lots 1 through 158, Trdct F and
Tract X, according to the plat of "Stratford Place"; and
2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board
to record a certified copy of the Resolution in the Official Records; and
3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat.
.-
Agenda Item No. 178
June 22, 2004
Page 2 of 32
Item Number
Item Summary
Meeting Date
Approved By
Thomas E. KucK., P ,E.
CmnmunH.y Devf1lopmel'lt 3.
Environmenlal Ser\ll'~S
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
178
This ilmn requires that all participar;j~> bH sworn in and l~X parle di:;ciolilJrH be
prov;d,~d hy Commission n-wTihef$ AVPlAT2004.ARSr127 to di:;daim,
renounce and vacate the County's <:nd the Public's interest in a portion of the
20 foot wide LakQ Maintenance and Drainage Easement located on Lots 1
through 158, Tract F and Tract X, according to the piat of "Stratford Place" as
recorded in Plat Book .10. Pages '15 through 2'1. Pubilc Records or CoWer
County, Florida. Located in Section 18, Tm'msnip 49 South, Range 26 East
6;221'2004 9:00:00 P.~/:
CDF.S Engll~f1al'in9 Ser\llt~eS Director
Oate
Approved By
CDES Enginllllring Services
5i21!20G410:4'r AM
Constance A Johnson
Commu!lity De\ielopment &
Environmfintal Sefvices
OpefatiQns A.nalyst
Community Dl:\ielopment &
Environml:ntal Se!vic<;;s Admin.
D",t<;;
Si21!2004 4:40 PM
Approved By
Sandra Lea
Community Dll'ielopmllnt 8.
Environmel1till Sj3/Vjces
E)l'ecutive Secret.1ry
Community Dll'ielopmj3nt &.
Environmlll1MI Sj3/Vices Atlmll1.
Date
51Z1120a4 4:<15 PM
Approved By
Joseph K. Schmitt
Community Oa\i~k>pmf1nt 8.
En\'i"omnant.11 Sf1/Vic!ils
Community Develt'pment &
Environnlenlal Ser\ilt~t':s Ar;minstratol'
Date
Community Oa\iek>pmf1nt 8.
En"iromYlant.11 Sf1fvjr;!ilS Admil~.
5121i2004 9:24 PM
Approved By
Pat Lehnhard
County Mam\ger"$ Office
Administrative Assistant
Date
Office uf Managem<;;nt & Budg<;;t
5126120042:18 PM
Approved By
Michael Smykowski
County Manager's Office
Managj3ment 3. Budgr:t Dimctor
Date
Office of Managllment & Budget
Ei!12J200412:29 PM
Approved By
JMnes V. Ml;dd
Board of COl;nty
Commissioners
County Manager
Date
County Mam\g!i!'.$ Office
6/14i2004 12:27 PM
Approved By
Mark Isackson
County Managl:!"$ Office
Budget Jmalyst
DQite
Office llf Managem<;;nt & Bl.i\.lget
6/9[200<1 9:QO AM
Agenda Item No. 178
June 22,2004
Page 3 of 32
RESOLUTION NO. 2004 -
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETmON AVPLAT2004-AR5927 TO DISCLAIM.
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBUC'S
INTEREST IN A PORTION OF THE 20 FOOT WIDE LAKE MAINTENANCE
AND DRAINAGE EASEMENT LOCATED ON LOTS 1 THROUGH 158,
TRACT F AND TRACT X, ACCORDING TO THE PLAT OF "STRATFORD
PLACE" AS RECORDED IN PLAT BOOK 40, PAGES 15 THROUGH 21,
PUBUC RECORDS OF COLLIER COUNTY. FLORIDA. LOCATED IN
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
WHEREASpursuant lo Section 177.101, Florida Statutes, Norman Trebilcock, P.E.,
A.lC.P., from Q. Grady Minor & Associates. as agent for the petitioner, Pultc Home
Corporation, does hereby requesl the vacation o[ a portion of the 20 foot wide Lake Maintenance
and Drainage Easement located on Lots 1 through 158, Tract F and Tract X, according to the plat
oC"StralCord Place" as recorded in Plal Book 40. Pages 15 lhrough 21, Public Records oCCollier
Counly, Florida; and
WHEREAS, thc Board has this day held a public hearing to considcr vacating a portion
oC the 20 foot wide Lake Mainlenance and Drainage Easemenl localed on Lols 1 through 158,
Trcict F and Trcict X, according to the plat of "Stratford Place," as more fully des("TIbed bclow,
and nolice of said public hearing to vacale was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or righl
of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests
over and across the following portion oC the 20 Coot wide Lake Maintenance and Drainage
Easements are herehy vacated. extinguished, renounced and disclaimed, and this action is
declared to be in the Public's interest and f01" the Public's benefit:
See Exhibit "A" attached hereto and incorporated herein.
Page 10[2
Agenda Item No. 178
June 22, 2004
Page 4 of 32
,-'
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:
Jennifer A. Belpedio,
Assistant County Attorney
--
Page 2 of 2
Agenda Item No. 178
June 22, 2004
Page 5 of 32
Q. GRADY MINOR. P.E.
MARK W. MINOR, P.E.
C. DEAN SMITH, P.E.
DAVID W. SCHMITI, P.E.
MICHAELJ. DELATE, P.E.
NORMAN J. TREBILCOCK. ALCP., P.E.
MA TrnEW J. HER.\fANSON, P.E.
D. WAYNE ARNOLD, Al.C.P.
ROBERT "BOB" THINNES, A.LC.P.
THOMAS J. GARRIS, P.S.M.
STEPHEN V; BURGFSS, P .s.M.
ALAN V. ROSEMAN
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors. Planners
EXHIBIT "A
(B-2828)
. EXHIBrr"A"
SHEET 1 OF 11
AVPLAT2004-AR5927
A PORTION OF TRACT "X" AND A PORTION OF LOTS 1 TIIROUGH 60 OF STRATFORD
PLACE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 40 AT PAGES 15
THROUGH 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARL 'y DESCRIBED AS FOILOWS:
COMMENCE AT THE SOUTHWEST CORNER. OF TRACT "X' OF STRATFORD PLACE
ACCORDING TO THE PLAT THEREOF ,RECORDED IN PLAT BOOK 40 AT .PAGES 15
THROUGH 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN
NORTH 89030'24" EAST, ALONG THE SOUTHERLY LINE OF SAID TRACT "X', FORA
DISTANCE OF 5.00 FEET TO A POINT ON THE WESTERLY LINE OF A20 FOOT tAKE
MAINTENANCE EASEMENT (L.M.E.) AS THE SAME IS SHOWN ON.SAID PLAT OF
STRATFORD PLACE; THENCE RUN NORTH 00029'36" WEST, ALONG THE WESTERLY LINE
OF SAID L.ME., FOR A DISTANCE OF 46.12 FEET TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE. CONCAVE SOUTHEASTERLY, AND TIlE POINT OF BEGINNING OF
TIlE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 00029'36" WEST,
ALONG THE WESTERLY LINE OF SAID L.M.E., FOR A DISTANCE OF 7.00 FEET TO THE
BEGINNING OF AT ANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE .
RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID L.M.E. AND ALONG
THE ARC OF SAID CURVE TO THE RIGID', HAVING A RADIUS OF 45.00 FEET; THROUGH A
CENTRAL ANGLE OF 90005'26", SUB TENDED BY A CHORD OF 63.69 FEET AT A BEARING OF
NORTH 44033'07" EAST, FOR A DISTANCE OF 70.76 FEET TO THE END OF SAID CURVE;
THENCE RUN NORTH 89035'50" EAST, ALONG THE NORTHERLY LINE OFSAID L.ME., FOR
A DISTANCE OF 135.48 FEET; THENCE RUN SmITH 90000'00" EAST; ALONG THE
NORTHERLY LINE OF SAID LM.E., FOR A DISTANCE OF 172.44 FEET; THENCE RUN NORTH
86023'25" EAST, ALONG THE NORTHERLY LINE OF SAID L.M.E., FOR A DISTANCE OF 68.61
FEET; THENCE RUN SOUTH 90000'00" EAST, ALONG THE NORTHERLY LINE OF SAID L.M.E.,
FOR A DISTANCE OF 425,00 FEET; THENCE RUN SOUTH 73014'47" EAST, ALONG THE'
NORTHERLY LINE OF SAID L.M.E., FOR A DISTANCE OF 237.11 FEET; THENCE RUN soum
09010'27" EAST, ALONG THE EASTERLY LINE OF SAID L.M.E., FOR A DISTANCE OF 63.14
FEET; THENCE RUN SOUTH 01028'24" EAST, ALONG THEEASTERLY LINE OF SAID L.M.E.,
FOR A DISTANCE OF 173.42 FEET TO A :POINT ON A CIRCULAR CURVE, CONCAVE
EASTERLY, WHOSE RADTUS POINT BEARS soum 89039'39" EAST, A DISTANCE OF 5.00
FEET THEREFROM; THENCE RUN SOumERL Y;ALONG THE EASTERLY LINE OF SAID
L.ME., AND ALONG THEMC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5.00
FEET, THROUGH A CENTRAL ANGLE OF41012'15", SUBTENDED BY A CHORD OF 3.52 FEET
AT A BEARING OF SOUTH 20015'47" EAST,FOR A DISTANCE OF 3.60 FEET TO A POINT ON A
CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT, BEARS NORTH
49008'06" EAST, A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY,
ALONG THEARC OF SAID CURVE TO THE RIGHT. HAVING A RADmS OF25.00 FEET,
THROUGH A CENTRAL ANGLE OF 1l056'48", SUB TENDED BY A CHORD OF 5.20 FEET AT A
BEARING OF NORTH 34053'30" WEST, FOR A DISTANCE OF 5.21 FEET TO APOINTOF
COMPOUND CURVATURE; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE
TO THE RIGHT, HAVING A RADIUS OF 10.82 FEET, THROUGH A CENTRAL ANGLE OF
24017'42", SUBTENDED BY A CHORD OF 4.55 FEET AT A BEARING OF NORTII 16046'15"
WEST, FOR A DISTANCE OF 4.59 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE
1 of 1) (239) 94~-1l44 . FAX (239) 947-0375 . E-Mail: engineering@gra~~.~ Item No. 178
3800 VIa Del Rey Bonita Springs Florida 34134-7569 EBILB 0005151 Ehp e 22, 2004
, age 6 of 32
EXHIBIT" A"
(B-2828)
EXHIBIT "AU
SHEET 7 OF 11
A VPLA T2004.AR5927,
WESTERLY, WHOSE RADIUS POINT BEARS SOUTH 89050'18" WEST, A DISTANCE OF 299.50
FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO.TIffi
LEFT, HAVING A RADIUS OF299.50 FEET, TIIROUGHACENTRALANGLEOF.10026'S9",
SUB TENDED BY A CHORD OF 54.55 FEET AT A BEARING OF NORTIl05023'12" WEST; FOR A
DlSTAi~CEOFS4.62 FEET TO A POINT ON ACIRCULARC~VE. CONCAVE EASTERLY,
WHOSE RADIUS POINT BEARS NORTH 80027'56" EAST, A DISTANCE OF >249.98 FEET ,
THEREFROM~THENCE RUN NORTHERLY, ALONG THE ARC OF > SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 240.98 FEET, TIIROUGH A CENTRAL -ANGLE OF 18051'35" , ,
SUBTENDED BY A CHORD OF 78.97 FEET AT ABEARING OF NORTH 00"06'16" WEST, FORA
DISTANCE OF 79.32 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY,
WHOSE RADIUS POINT BEARS NORTH 80018'43" WEST, AI)ISTANCE OF' 100.00 FEET
TIIEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFr..
HAVING A RADIUS OF 100.00 FEET, TIIROOGH A CENTRAVANGLEOFI8051'44",
SUBTENDED BY A CHORD OF 32.77 FEET AT A BEARING OF .NORTH OO~15'25.EAST,. FORA. .
DISTANCE OF 32.92 FEET TO THE END OF SAID CURVE~ THENCE RUN NORTH 09010'27"
WEST FOR A DISTANCE OF 41.15 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE
SOUTHWESTERLY, WHOSE RADIUS POINT BEARS SOmH 81034'51" WEST, A DISTANCE OF
34.42' FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG ,. THE . ARC OF SAID
CURVE TO lHE LEFT, HAVING A RADIUS OF 34.42 FEET, TIIROUGH A CENlRAL ANGLE OF
66051'42", SUBTENDED BY A CHORD OF 37.93 FEET AT A BEARING OF NORTH 41051'00"
WEST, FOR A DISTANCE OF 40.17 FEET TO TIlE END OF SAID CURVE; THENCERUN
NORTH 73014'47" WEST FOR A DISTANCE OF 180.59 FEET TO,THEBEGTNNINGOFA
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUfHERLY;THENCE RUN WESTERLY,
ALONG lHEARC OF SAID CURVE TOTIIELEFf, HAVINGA RADIUS OF 49.50 FEET;
THROUGH A CENTRAL ANGLE OF 12035'56", SUBTENDED BY A CHORD OFJO.86 FEET AT A
BEARING OF NORTH 79032'45" WEST, FOR ADISTANCE OF 10.88 FEET TO APOINT ON A
CIRCULAR CURVE, CONCAVE SOlITHERLY. WHOSE RADIUS POINT BEARS SOUTH
04006'11" WEST, A DISTANCE OF 2,086.92 FEET THEREFROM~ THENCE RUN WESTERLY,
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,086.92 FEET,
lHROUGH A CENTRAL ANGLE OF 07014'59", SUBTENDEDBY A CHORD OF 263.8KFEET AT
A BEARING OFNORTH 89031'18" WEST, FOR A DISTANCE OF 264.06 FEET TO A POINT ON A
CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS NORTH
03024'47" WEST, A DISTANCE, OF 600.00, FEET THEREFROM; THENCE RUN WESTERLY,
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 600.00 FEET,
THROUGH A CENTRAL ANGLE OF 06040'06", SUBTENDED BY A CHORD OF 69.79 FEET AT. A
BEARING OF soum 89055'16" WEST, FOR A DISTANCE OF 69.83 FEET TO A POINT ONA
CIRCULAR CURVE, CONCAVE SOUTHERLY, WHOSE RADIUS POINT BEARS SOUTH
02038'15" WEST, A DISTANCE OF 1,946.56 FEET THEREFROM; THENCE RUN WESTERLY,
ALONG THE ARC OF SAID CURVE TO THE LEFT, HA VlNG A RADIUS OF 1,946.56 FEET,
lHROUGH A CENTRAL ANGLE OF 06010'28" ,SUBTENDED BY A CHORD OF 209.68 FEET AT
A BEARING OF SOUTH 89033'01" WEST, FOR A DISTANCE OF 209.77 FEET TO A POINT ON A
CIRCULAR, CURVE,' CONCAVE NORTHERLY,>WHOSERADIUSPOINT..'BEARS",..NORTH
04"09'17" WEST, A DISTANCE OF 600.00 FEETTHEREFROM;mENCE RUNWESTERLY,/
ALONG THE ARC OF SAID CURVE TO THE RIGID', HAVING A RADIUS OF. 600.00 FEET,
lHROUGH ACENTRAL ANGLE OF O6037'22",SUBTENDED BY A CHORD OF69.31 FEETA'r A
BEARINGOF soum 89009'24" WEST, FORKDISTANCE OF 69.35 FEETiO A POINT OF
REVERSECURVATURE~ THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO
THE LEFf, HAVING A RADIUS OF 2,000,00 FEET, THROUGH A CENTRAL ANGLE OF
02052'15", SUBTENDED BY A CHORD OF 100.20 FEET AT A BEARING OF NORTH 88058'03"
WEST, FOR ADISTANCE OF 100.21 FEET TO THE END OF SAID CURVE~ THENCE RUN
SOUTH 89035'50" WEST FOR A DISTANCE OF 103.44 FEET TO THE BEGINNING OFA'
TANGENTIAL CIRCULAR CURVE, CONCAVE. SOUlBEASTERLY; 'THENCE.> RUN
SOUTIiWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFf. ~~~17B
(:20F3) June 22,2004
Page 70f 32
EXHIBIT "A"
(B-2828)
:EXHmh "A';-'--
: SHEET JOF I J
i A VPLA T2004.ARj927
48.00 FEET; TIIROUGH A CENTRAL ANGLE OF 90005'26", SUBTENDED BY A. CHORD OF
67.94 FEET AT A BEARING OF SOUTII 44033'07" WEST, FOR A DISTANCE OF 75.47 FEET TO
THE POINT OF BEGINNING: CONTAINING 0.154 ACRE, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONSAND/ORRESTRICTIONS OF
RECORD,
DIMENSIONS SHOWN ARE IN FEET AND DECIMALS TIlEREOF. "..
BEARINGS SHOWN HEREON REFER TO THE NORm LINE OF TRACT "L-l" OF STRATFORD
PLACE, PLAT BOOK 40 AT PAGES 15 TIIROUGH 21, OF THE PUBLIC RECORDS OF COLLIER
COUNfY, F1.0RIDA AS BEING NORTH 90000'00" WEST.
-1(P~,",0a
THO~ 1, ~~S
,P.S.M. #3741
STATE OF F1.0RIDA
SIGNED: 4/?10/0c/
(3 OF 3)
Agenda Item No. 178
June 22, 2004
8 of 32
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Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors. Planners
Q. GRADY MINOR, P.E.
MARK W. MINOR, P.E.
C. DEAN SMl'IH, P.E.
DAVID W. SCHMIIT, P.E.
MIOiAEL J. DELATE, P.E.
NORMAN J. TRiBILCOCK. A.r.c.P., P.E.
MA 1TIiEW J. HERMANSON, P.E.
D.WAYNE ARNOLD, Al.e.p.
ROBERT "BOB" THINNES, Al.e.p.
.' .l'HOMASJ.GARRIS, P .s.M
, i~V: BURGF$~ P.s.M.
\;"':Z;'~';"''';'~'\~;~OSEMAN
~ EX:HDm;~A.. ; ~
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(B-2828-1)
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A PORTION OF LOTS 61 THROUGH 98 AND APORTION<OF TRACt'''F''OFSnATf'ORI,) '0
PLACE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BQOK40 AT PAGES IS
TIiROUGH 21 OF THE PUBLIC RECORDS OF COUIER COUNTY, FLORIDA, BEING MORE
P ARTIClJLARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 61 STRATFORD PLACE ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 40 AT PAGES 15 THROUGH 21 OF THE
PUBLIC RECORDS OF COLLlER COUNfY, FLORIDA; THENCE RUN SOUTH 61035'39" WEST,
ALONG mE NORTHERLY LINE OF SAID LOT 61. FOR A DISTANCE OF 70.42 FEET TOA
POINT ON THE EASTERLY LINE OF TRACT "L-1"' OF SAID PLAT OF STRATFORD PLACE,
TIfE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE
RADIUS POINT BEARS soum 77010'22" WEST A DISTANCE OF 18.00 FEET TI-IEREFR()M;
THENCE RUN SOUTHERLY, ALONG THE EASTERLY LINE OF SAID TRACT "L-l'\ AND .
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 18.00 FEET.
THROUGH A CENTRAL ANGLE 41019'30", SUB TENDED BY A CHORD OF 12.70 FEETAT A
BEARINGOF SOUTH 07050'07" WEST FOR A DISTANCE OF 12.98 FEET; THENCE RUN SOUTH
28029'53" WEST FOR A DISTANCE OF 41.43 FEET; THENCE RUN soum 61030'37". EAST FOR
A DISTANCE OF 20.00 FEET TO A POINT ON A 20 FOOT LAKE ~ANCE EASEMENT.
(L,M.E.), AS THE SAME IS SHOWN ON SAID PLAT OF STRATFORD PLACE, SAID POINT
ALSO BEING A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS
POINT BEARS SOUTH 61Q30'OT' EAST A DISTANCE OF 5.00 FEET THEREFROM; THENCE
RUN SOUITIERL Y, ALONG THE EASTERLY LINE OF SAID L:ME., AND ALONG TIm ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5.00 FEET, THROUGH A CENTRAL
ANGLE 23050'54", SUBTENDED BY A CHORD OF 2.07 FEET AT A BEARING OF SOUTH
16034'26" WEST FOR A DISTANCE OF 2.08 FEET TO A POINT ON ACIRCULAR CURVE,
CONCAVE NORTIIEASTERL Y, WHOSE RADIUS POINT BEARS SOUTH 85~1'Ol" EAST' A
DISTANCE OF 5.00 FEET TIIEREFROM, AND THE POINT 014' BEGINNINGOF'I'HEP~CEL
OF LAND HEREIN DESCRIBED; THENCE RUN SOUTHEASTERLY, ALONG THE NORTHERLY
LINE OF SAID L.M.E., AND ALONG THE ARC OF SAID CURVE-TO TIffiLEFT. HAVING A
RADIUS OF 5.00 FEET, THROUGH A CENTRAL ANGLE OF 66009'06", SUBTENDED tw A
CHORD OF 5.46 FEET ATABEARING OF SOUTH 28025'34" EAST, fOR A DISTANCE OF 5.77
FEET TO TIlE END OF SAID CURVE; THENCElmN SOUTIl61030'07"EAST,ALONGTHE
NORTHERLY LINE OF SAID L.M.E., FOR A DISTANCE OF 108.64 FEET; ,rnENCE RUN, NOIUli
86057'1r EAST, ALONGTIIE NORTHERLY LINE OF SAIDL.M.E..FOR A DlSTANc;E,Of' SlO.14'.'.'
FEET; THENCE RUN SOUTH 88042'24" EAST, ALONGTHENORTHERL Y LINE OF SAID L.M.E..
FOR A DISTANCE OF 28.02 FEET; THENCE RUN NORTH 89020'14" EAST. ALONG THE
NORTHERLY LINE OF SAID L.M.E., FOR A DISTANCE OF 589.07 FEET TO THE BEGINNING. '
OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE'RUN
SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID L.ME., AND ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET; TIlROUGH A
CENTRAL ANGLE OF 90"00'00"; SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF
(1 of2)
(239) 947-1144 . FAX (239) 947-0375 . E Mail . . g@ dAg~nda Item No. 178
. - : engmeenn gra ymmor.cJm1e 22 2004
3800 Vla Del Rey Bonita Springs, Florida 34134-7569 EB/LB 0005151 Page 11 of 32
EXHIBIT "A"
(B-2828-1)
EXHIBIT '''A''
SHEET ., OP It
A VPLA T2OO4-ARS927
SOUTH 45039'46" EAST, FOR A DISTANCE OF 78,54 FEET TO THE END OF SAID CURVE;
THENCE RUN SOUTH 00039'44" EAST, ALONG THE EASTERLY LINE OF SAID L.M.E., FORA
DiSTANCE OF 2.50 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE
SOUIHWESTERL Y, WHOSE RADIUS POINT BEARS NORTII 89050'38" WEST, A DISTANCE OF
48.34 fEET lHEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC QF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 48.34 FEET, THROUGH ACENTRAL ANGLE OF
92047'40", SUBTENDED BY A CHORD OF 70.01 FEET AT A BEARING OF NORTH 46014'28"
WEST, FOR A DISTANCE OF 78.29 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH ". .
89023'06" WEST FOR A DISTANCE OF 600.91 FEET TO A POINT ON A CIRCULAR CURVE.
CONCA VB SOUTHERLY, WHOSE RADIUS POINT BEARS SOUTH 00039'46" EAST, A
DISTANCE OF 649.48 FEET THEREFROM; TIIENCE RUN WESTERLY, ALONGTHE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 649.48 FEET. TIIROUGH A CENTRAL
ANGLE OF 08039'19" , SUBTENDED BY A CHORD OF 98.02 FEET AT A BEARING OF SOUfH
85000'34" WEST, FOR A DISTANCE OF 98.11 FEET TO A POINT OF REVERSE CURVATURE;
THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO TIlE RIGHT, HAVING A
RADIUS OF 9.50 FEET, THROUGH A CENlRAL ANGLE OF 3'P48'58", SUBTENDED EYA
CHORD OF 6.16 FEET AT A BEARING OF NORTII 80024'36" WEST, FOR A DISTANCE OF 6.27
FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 61030'07" WEST FOR A DIST ANCE
OF 108.93 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY,
WHOSE RADillS POINT BEARS NORTH 33015'54" EAST, A DISTANCE OF 10.91 FEET
THEREFROM; THENCE RUN NORTIfWESTERL Y, ALONG THE ARC OF SAID CURVE TO THE
RIGHT. HAVING A RADIUS OF 10.91 FEET, THROUGH A CENTRAL ANGLE OF 56047'01",
SUBTENDED BY A CHORD OF 10.38 FEET AT A BEARING OF NORTH 28020'35" WEST, FOR A
DISTANCE OF 10.81 FEET TO A POINT OF COMPOUND CURVATURE; 'THENCE RUN ,
NORTIIERLY, ALONG TIIE ARC OF SAID CURVE TO THE RIGHT, HAv1NG ARADIUSOF
25.00 FEET, THROUGH A CENTRAL ANGLE OF 04036'04"; SUBTENDED BY A CHORD OF 2.01
FEET AT A BEARING OF NORTII 02020'57" EAST, FOR A DISTANCE OF 2.0t FEET TO THE
POINT OF BEGINNING; CONTAINING 0.072 ACRE, MORE OR LESS.
TIllS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF
RECORD.
DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF.
BEARINGS SHO~ HEREON REFER TO THE NORTHWESTERLY LINE OF LOT 61 OF
STRATFORD PLACE. PLAT BOOK 40 AT PAGES 15 THROUGH 21, OF TIIE PUBLIC RECORDS
OF COLLIER COlTh.'TY. FLORIDA AS BEING SOUTH 61035'39" WEST.
,SIGNED:, tfl.7L>/ot/-
" ' .I /
1(.?~vQ.
mOMAS J. GARRIS
. P.S.M. #3741
ST ATE OF FLORIDA
Page 2 of2
Agenda Item No. 178
June 22, 2004
Page 12 of 32
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Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors. Planners
Q. GRADY MINOR, P.E.
MARK W. MINOR, P.E.
C. DEAN SMITII. P.E.
DAVID W. SCHMlTI. P.E.
MIOIAEL J. DELATE, P.E.
NORMAN J. TREBn..coac. A.I.CP., P.E.
MAmIEW J. HERMANSON, P.E.
D. WAYNE ARNOLD, A.Lc.P.
ROBERT "BOB'" THINmS, A.I.C.P.
THOMAS J. GARRIS. P S.M.
STEPHEN Y. BURGESS, P.5.M.
: 'ALANV. ROSEMAN
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EXHmlT ;4;\"
(8-2828-2)
: EXltIUT "A" ,,),
. SHE81'.9 01' 11
AVPU..nOO4-AlU921 ·
PARCEL "A" , " /, ," ," .. ,<..
A PORTION OF LOTS 129 TIiROUGH 158 OF STRATFORD Pl.ACE ACCORDINGTO'fHi:! PLAT
THEREOF RECORDED IN PLAT BOOK 40 AT PAGES 15 THROUGH 21 OF TIlE: PUBUC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS '
FOLLOWS:
COMMENCE AT THE NORlHWEST COR.'l\ffiR OF TRACT "Y" OF STRATFORD PLACE
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 40 AT PAGES 15
THROUGH 21, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA'THENCE RUN
KORTH 89020'14" EAST, ALONG THE ~ORTHERLY LINE OF SAID TRACT "Y" , FOR A
DISTANCE OF 5.00 FEET TO A POINT ON THE WESTERLY LINE OF A 20 FOOT LAKE
rvWNTENANCE EASEMENT (L.M.E.) AS THE SA.\1E IS SHOWN ON SAID PLAT OF
STRATFORD PLACE, THE SM.-IE BEING A POG\l'T ON A CIRCULAR CURVE, CONCAVE
SOUTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 89020'14" EAST A DISTANCE OF
50.00 FEET THEREFROM, A.."ID THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREIN DESCRIBED;THENCE RUN NORTHEASTERLY, ALONG TIffi NORTHWESTERLY
LINE OF SAID L.M.E. AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00", SUBTENDED BY A
CHORD OF 70.71 FEET AT A BEARING OF NORTH 4-+020'14" EAST, FOR A DISTANCE OF 78.54
FEET TO TIlE END OF SAID CURVE: THENCE RT.;'N NORTH 89020'14K EAST, ALONG THE
NORTIIERLY LINE OF SAID L.M.E. FOR A DISTANCE OF 568.50 FEET TO THE BEGINNING
OF A TANGENTIAL CIRCULAR CURVE, CO\lCAVE SOl.mIWESTERLY; rnENCERUN
SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID L.ME, AND ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET; THROUGH A
CENTRAL ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF
SOUTH 45039'46" EAST. FOR A DISTANCE OF 78,54 FEET TO A POINT ON A CIRCULAR
CURVE, CONCAVE SOUTH\\'ESTERLY, Vv'HOSE RADIUS POINT BEARS SOUfH 85053'51"
WEST, A DISTANCE OF 50.00 FEET TIIEREFROM: THENCE RUN NORTIfWESTERLY, ALONG
THE ARC OF SAID CURVE TO THE LEFf. HAVING A RADIUS OF 50.00 FEET, THROUGH A
CENTRAL At'\;GLE OF 86039'48", SUBTENDED BY A CHORD OF 68.62 FEET AT A BEARING OF
NORTH 4r26'03K WEST, FOR A DISTANCE OF 75,63 FEET TO TIiE END OF SAID CURVE;
THENCE RUN SOUTH 89020'14" WEST FOR A DISTANCE OF 56a.50 FEET TO A POINT ON A
CIRCULAR CURvE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS SOUTH
00033'34" EAST, A DISTANCE OF 50.00 FEET THEREFROM: THENCE RUN SOU1HWESTERLY,
Al.ONG THE ARC OF SAID CURVE TO THE LEn, HAVING A RADIUS OF 50.00 FEET,
THROUGH A CENTRAL At"l"GLE OF 86"39'49", SlJBTENDED BY A CHORD OF 68.62 FEET AT A
BEARING OF SOUTH 46006'31" WEST, FOR A DrSTANCE OF 75.63 FEET TO THE POINT OF
BEGINNING; COJ'.t'TAINING~.046 ACRE, MORE OR LESS.
AND
PARCEL "B"
A PORTION OF WTS 99 THROUGH 128 OF STRATFORD PLACE ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 40 AT PAGES 15 THROUGH 21 OF THE PUBLIC'
RECORDS OF COLLIER COUNTY, FLORIDA, BElli"G MORE PARTICULARLY DESCRIBED AS
( lof2)
(239) 947-1144 . FAX (239) 947-0375 . E-Mail: engineering@~~~m No. 178
3800 Via Del Rey Bonita Springs Florida 34134-7569 EBILB 000515 une 22, 2f004
, age 14,0 32
..
EXHIBIT "A"
(B-2828-2)
'ExHIBrt "A"
SHEET IO'OP 11
A VPLAn<<J4.AR$927
,-
FOLLOWS:
COMMENCE AT THE NORlHWEST CORNER OF TRACT, <<y'" OF ,STRATFORD, PLACE
ACCORDING TO THE PLAT TIlEREOF RECORDED IN PLAT BOOK 40 AT PAGES 15
TI-IROUGH 21. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TIIENCERUN
SOum: 00039'46" EAST, ALONG THE WESTERLY LINE OF SAID TRACT "Y", FOR A
DISTANCE OF 50.00 FEET TO THE SOU1HWEST CORNER OF SAID TRACT "Y", THENCE
RUN NORTII 89020' 14" EAST, ALONG THE SOUTHERLY LINE OF SAID TRAcrMY'" ,FOR A
DISTANCE OF 5.00 FEET TO A POINT ON THE WESTERLYLTNE OF A 20 FOOT LAKE
MAINTENANCE EASEMENT (L.ME.) AS '!HE SAME IS SHOWN ON SAID PLAT.OF
STRATFORD PLACE, THE SAME BEING A POiNT ON A CIRCULAR CURVE, ,CONCAVE
NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORm: S~053'51" EAST A DISTANCE OF "
50.00 FEET rnEREFROM, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREIN DESCRIBED; TIffiNCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE
TO TIlE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF
86039'49", SUBTE~ED BY A CHORD OF 68.62 FEET AT A BEARING OF SOUTII 47026'03"
EAST, FOR A DISTANCE OF 75.63 FEET TO THE El'.1> OF SAID CURVE; TIlENCE RUN NORTII
89~O'14" EAST FOR A DISTANCE OF 568.50 FEET TO A POINT ON A CIRCULAR CURVE,
CONCAVE NORlHWESTERL Y, WHOSE RADIUS POINT BEARS NORm 00033'34" WEST, A
DISTANCE OF 50.00 FEET TIiEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC
OF SAID CURVE TO THE LEFT, HA VlNG A RADIUS OF 50.00 FEET, THROUGH A CENI'R.AL
ANGLE OF 86039'49", SUBTENDED BY A CHORD OF 68.62 FEET AT A BEARING OF NORTII
46006'31" EAST, FOR A DISTANCE OF 75.63 FEET TO A POINT ON THE EASTERLY LINE OF
SAID L.ME., THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE
NORTIIWESTERL Y, WHOSE RADIUS POINT BEARS SOUTII 89020'14" WEST. A DISTANCE OF
50.00 FEET THEREFROM; TIIENCE RUN SOUTIIWESTERL Y, ALONG THE SOtITHEASTERL Y
LI}.,"E OF SAID L.M.E. AND ALONG THE ARC OF SAID CURVE TO TIlE RIGHT, HAVING A
RADIUS OF 50.00 FEET, TIIROUGH A CENTRAL ANGLE OF 90000'OO",SUBTENDED BY A
CHORD OF 70.71 FEET AT A BEARlNG OF SOUTII44020'14" \VEST, FORA DISTANCE OF 78.54
FEET TO TIlE END OF SAID CURVE~ THENCE RUN SOUTH 89020'14" WEST, ALONG THE
SOUTIIERLY LINE OF SAID L.M.E.. FOR A DISTANCE OF 568.50 FEET TO THE BEGINNING
OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN
NORTIIWESTERL Y. ALONG THE SOUTIiWESTERL Y LINE OF SAID L.M.E., AND ALONG
THE ARC OF SAID CURVE TO TIlE RlGlIT. R.o\ VING A RADIUS OF 50.00 FEET. THROUGH A
CENTRAL ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF
NORTH 45039'46" WEST, FOR A DISTA."'lCE OF 78,54 FEET TO THE POINT OF
BEGINNING;CONTAlNING 0.046 ACRE, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS AND/OR RESTRICTIONS OF
RECORD.
DIMENSIONS SHOWN ARE TN FEET AND DECIMALS THEREOF.
BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF TRACT <<L-2" OF STRATFORD
PLACE, PLAT BooK 40 AT PAGES 15 THROUGH 21, OF THE PUBLIC RECORDS OF COlLIER
'COUNTY, FLORlDA AS BEING SOUTH 89020'14" WEST.
. STGNED:'-f/aofoi.J.
~ I{~0a
THOMAS J. GARRIS
, PS.M. #1741
STATE OF FLORIDA
( ~ of 2)
Agenda Item No. 178
June 22, 2004
Page 15 of 32
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Attachment "B"
PETITIOl" FORM FOR VACATION OF PLATS OR PORTIONS'
OF PLATS OF SUBDIVIDED LAND
Date Received: ,~ -/0 _ 0 4- r:JVPL~T iftt'fe:f; - Reo' z. 7
Petitioner (Owner): Pulte Home Corporation
Address: 9148 Bonita Beach Roacl.Suite 102
City/State: Bonita Sprin2s. FL
, '.:Telephon,r.<239498-7711
ZipCode: 34135
Agent: Norman J. Trebilcock. MCP. P.E.
Address: Q. Gradv Minor and Associates. 3800 Via Del Rev
City/State: Bonita Sprin2s. FL
Telephone: ,239-947-1144
Zip Code: 34134
Address of Subject Property; Not Applicable
Location: Section 18 Township 49 S Range 26E Subdivision: Stratford Place
Legal Description: Lotsl thru 158: Tract L-l & L-2 Block N/A Unit N/A Plat Book 40 Pages (2) 15 tbru 21
Reason for Request: Vacate Lake Maintenance Easement and Create Replacement Lake Maintenance
Easement to Prevent Overlap with Proposed Buildin2lmprovements (lanai's and mechanical equipment)
Alone Rear of Lots.
Current Zoning: POO
Does this affect density? No
Signature of Petitione
DNo
L/ -20 -0 LI
Date
I hereby authorize Agent above,
Steve Kemoton
Print Name
Attornev-in-Fact
(Title)
Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats or
Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or
mail to:
Community Development & Environmental Services Division
Planning Services Department
2800 North Horseshoe Dr. '
Naples, Florida 34104
(1) If applicant is a land trust, indicate the name of beneficiaries.
(2) If applicant is a corporation other than a public corporation, indicate the name ofofflcers and
major stockholders.
If applicant is a partnership, limited partnership or other business entity, indicate the name of
principals.
(4) List all other owners.
Attlllclunent "B"
Page ] of 1
(3)
Agenda Item No. 178
June 22, 2004
Page 17 of 32
Official Receipt - Collier County Board of Count V Commis"~iQn~r~~(({,
CDPR1103 - Official Receipt [f A,I) PI yo, ,.,Ni 1=1I.1""
"'"-;;;-,-.';;'
GL Account
13113832632910000000
Total
Trans Number
478977
Date
5/12/2004 10:11 :38 AM
Post Date
5/12/2004
Appl Name: Q. GRADY MINOR & ASSOC.
Appl Stage/Status: REVIEW STAGE NO. 1/PENDING
Address: 3800 VIA DEL REY BONITA SPRINGS FL 34134
Proj Name: STRATFORD PLACE
Type: RMF TAZ: 78
Subdiv Nbr: 100
Project N br: 2003020050
Payor: PUL TE
Fee Information
Payments
Pa ent Code I Account/Check Number
CHECK . 38004
Total Cash
Total Non-Cash
I'. ',', ','. $0.001
· $1000.00
1 '$1000.00 I
Total Paid
Memo:
Cashier/location: LEVYMIKE" 1
User: WILLOUGI-iBY_C
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
~~~4>'1d:~~57 AM
Jurie-22, Z004
Page 18 of 32
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Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors. Planners
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Q. GRADY MINOR, P.E.
MARK W. MINOR, P.E.
C. DEAN SMITH, P.E.
DAVID W. SCHMIIT, P.E.
MICHAEL J. DELATE, P.E.
NOR}..fAN J. TREBI1.COCI<. A.I.C.P., P.E.
MATTHEW J. HERMANSON, P,E.
D. WAYNE AR'JOLD, A.LC.P.
ROBERT "BOB" THINNES, A.I.CP.
THOMAS J. GARRIS, P.S.M.
STEPHEN V. BURGFSS, P .s.M..
ALAN V. ROSEMAN
Apri130, 2004
Mr. John R Houldsworth, Senior Engineer
Collier County Community Development
Engineering Review Services
2800 North Horseshoe Drive
Naples, FL 34104
RE: Stratford Place Lake Maintenance Easement Adjustment
Dear Mr. Houldsworth:
The purpose of this letter is to address the issue of vacating a portion of the lake maintenance
easements on the above referenced project. We have compensated for this by adding the same
\\1dth of easement to the inside of the existing lake tract, which is also a lake maintenance easement.
The minimum 20 [1. lake maintenance easement is being adhered to. The easements that are
affected are for lake Tract L-2 and lake Tract L-l. Attached are exhibits for the vaCation of theSe
easements and the proposed additional easements.
We have also studied any effects that this change will have on peak stages and water quality
treatment volumes. We have run the 25-year storm and lOO-year storm with Cascade. The peak
stage has not changed nor has our water quality treatment volumes.
If this is acceptable, please sign this letter as provided stating you have no objection to our proposal
for vacating a portion of the attached easements and providing additional easements to compensate
for the vacated easements.
I have no objection to the proposed vacation of lake maintenance easements as described in
attachments labeled Exhibit "A" (B-2828), Exhibit "A" (B-2828-l) and Exhibit "A" (B-2828-2).
~k\ \ ~~~.l\
John R. Houldsworth, Senior Engineer
~ \4\o~
Date
Very truly yours,
N~~~
RECEIVED
APR 3 0 200't
Enclosures
Agenda Item No. 178
(239) 947-1144 . FAX (239) 947-0375 . E-Mail: engineering@gradyminor.codune 22, 2004
3800 Via Del Rey Bonita Springs, Florida 34134-7569 EB/LB 0005151 Page 28 of 32
F:IJOBIWhippvorv.111.Pulte (Stratford Condos and To"llhomes)\Design tnd Pennitting\''\;]1'-Lecter;-..!oObj-40428JRH,dOC Wv,1'PX
Q. GRADY MINOR &; ASSOCIATES, P.A.
Ovil Engineers. Land Surveyors. Planners
Q. GRADY MINOR, PA
MARK W. MINOR, P.Eo '
C. DiANSMl'IH.PA
DAVID W. SCHMm,P.E.
MICHAEL]. DELATE. P.Eo '
NORMAN ]. TREBILCOCI<. ALCP., P A
MATniBW J. HERMANSON, f.B.
Mr. Robert C..Wiley, Principal Project Manager
Collier County Community Development
2800 North Horseshoe Drive< >
Naples, FL 34104
RE: Stratford Place Lake Maintenance Easement Adjustment
Dear Mr. Wiley:
The purpose of this letter is to address the issue of vacating a portion of the lake maintenance
easements on the above referenced project We have compensated for this byaddingJhosame
width of easement to the inside of the existing lake tract, which is also a lake maintenance easement.
The minimum 20 ft. lake maintenance easement is being adhered to., The, easements that. are
affected are for lake Tract L-2 and lake Tract L-l. Attached are exhibits for thevac:ationoftheSe:
easements and the proposed additional easements.
We have also studied any effects that this change will have on peak stages and water quality
treatment volumes. We have run the 2S-yearstonn.and 100-year storm with Cascade. ,The peak
stage has not changed nor has our water quality treatment volumes. .
If this is acceptable, please sign this letter as provided stating you have no objection to our propos81
for vacating a portion of the attached easements' and providing additional easements to compensate
for the vacated easements.
. D. WAYNEARNOID, A.Lc.p.
.. ROBERT "'BOB'" 1'HINNES, A.I.CP.
mOMASJ.CARRIS, P.s.M.; '..
"Si'Bl'FIENV. B'ORGESS.PSM.\,;'
",'" ' AtANV.ROSEMAN'"
May 10,2004
I have no objection to the proposed vacation of lake maintenance easements as described in
attachments labeled Exhibit "An (B-2828), Exhibit "An (B-2828-1) and Exhibit "An (B-2828-2)
based on having compensated for this by adding the same width of easement to' the inside of the
existing lake tract, which is also. a lake' mairitenance easement ,The, · minimum ,20 ft.. 'lake
maintenance easement is being adhered to.
i
~,
R~~~jeotM'"
s..jo--tJt
Date" ..'
Enclosures
Very truly yours, "', '.
~T2ill
(239) 947-1144 . FAX (239) 947-0375 . E-Mail: engineering@grad~a Item No. 178
F:\]OB\WhiPpoorwIH~cY~1&~.9_~_~l2,~~cJW~WJoc ,.' June ~Q04
, Page 29 of 32
, :,.,.."'.:1
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~'~">,
Stratford Place Master Association, Inc.
C/O IPM 3425 10th Street North, Suite 201
Naples, FL 34103
Sincerely,
~4tf)
Norman J. Trebilcock, AICP, P.E.
Q. Grady Minor and Associates, P A
3800 Via Del Rey
Bonita Springs, FL 34134
RE: Stratford Place Lake Maintenance Easement Vacation (Tract L-t and L-2)
Dear Mr, Trebilcock:
The purpose of this letter is to state that the Stratford Place Master Association does not. <?llject t(), ..,..,
the proposed vacation of the subject lake maintenance easements and provisions for applicable '
replacement lake maintenance easements.
Edwin D. Strackhouse
President
Steve Kempton, Pulte Horne Cotporation
Agenda Item No. 178
June 22, 2004
Page 30 of 32
C:'DocUITlCnU and Setling:i\rrr.ccorr.Uck\Lo<:al Setlings\Tcmpomry Jntcrnct FiJes\OLKC\Master Association Letter of No Objection.doc WlPC
, ,;:.~ ,~:' .';i',_
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:::: ::,:",.:~-+,,~;~~~~'~~:i&~~j~~~\1(
(space above this line for recording data),
-,
This instrument was prepared by
and afterrecording return to:
Steven M. FaIle, Esq.
Roetzel & Andress, A Legal
Professional Association
8S0 Parle Shore Drive
Trianon Centre, Third Floor
Naples, Florida 341 03
(239) 649-6200
..--. .
CONSENT AND JOINDER "<, '.....'...,' . .< ,'/
THIS CONSENT AND JOINDER. given' this I ~ ~ day of May, ZOO4tby SmA. TFORD PLACE.
MASTER ASSOCIATION, INC. (hereinafter referred to as "Master Association ''), in favor of COLUER '
COUNTY, FLORIDA (hereinafter referred to as "County")
WITNESSETH:
WHEREAS, Pulte Home COIpOration dedicated to the Master Association the Lake Maintenan<:e Easement
(L.M.E.) and Drainage Easement (D.E.) located on Lots 1-158 and Tracts "P" and ''X'',Stratforc:lPlacet 1I4
particularly described in the plat of Stratford ,Place recorded in Plat Book.40 at
County, Florida (the "Plat") and in ExluDit "A" attached hereto.
WHEREAS, the County has approved Petition A VPLA T2004-AR5927 tlledby Pulte Home
order to disclaim, renounce and vlIC8tethe County and the general public's interestina
Maintenance Easement and Drainage Easement referenced in the preceding. paragraph
described in Exhibit "A" attached hereto.
WHEREAS, Master Association wishes to join in and consent to the foregoing vacatiOIL
NOW, TIiEREFORE, in consideration of TEN DOllARS ($10.00) and other good and valuable:
consideration, the receipt of which is hereby acknowledged, the Maser Association . does hereby consent to ,and join
in such vacation in order to disclaim, renounce and vacate the Master Association's interest in the portion of the
Lake Maintenance Easement and Drainage Easement described in Exhibit" A" attached hereto.
[remainder of page intentionally left blank]
l__~
Agenda Item No. 178
June 22,2004
Page 31 of 32
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IN WITNESS WHEREOF, the Master Association has caused these presents to be ,executed the date and
year first above written. . ,- c -
Signed, sealed and delivered ' '
in the presence of:
':'>l'~~
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STRATFORD PLACE MASTER ASSOCIAUON,INC.-
; ;.:.~:-::
"
By: fi(tJ~
Edwin D. Stackhouse / ' .-i.-
Its: President
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- corporate sea1-
STATE OF FLORIDA
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COUNfY OF LEE
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The foregoing instrument was acknowledged before me this j B_ ~, Of MaYt 2004, by
Stackhouse, as President of Stratford Place Master Association. Inc. who ({.Iris personaUy ._~
produced as identification.
~ a\. Debra M Wiatt
tJ . My eornrnisslOn 00012795
',....1 Expires API1I 07 2006
~c<-~'l:9io?f ...
~~~;;:~; S~~ irLwdf
My Commission Expires: fJtr 7 ]C6. 1 ' ,
(SEAL)
442225_2
070479.0053
Agenda Item No. 178
June 22, 2004
Page 32 of 32
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EXECUTIVE SUMMARY
PUDEX -2004-AR-5752: Naples Reserve Golf Club, Ine., represented by Robert Duane,
AICP, of Hole Montes, Inc., requesting 2 two-year extensions of the Naples Reserve Golf
Club PUD pursuant to LDC Section 2.7.3.4.6. The property is located 1.3:t miles east of
County Road 951 and approximately one mile north of US Highway 41, in Section 1,
Township 51 South, Range 26 East, Collier County, Florida, consisting of 688::t acres.
OBJECTIVE:
The objective is to maintain the community's interest if the development time of this Planned
Unit Development (PUD) is extended for four years.
CONSIDERATIONS:
-
Section 2.7.3.4 of the Land Development Code (LDC) requires the PUD property owner to
submit an annual report outlining the progress of development onc year from thc datc thc PUD
zoning was adopted by the Board of County Commissioners, and every year thereafter based on
the anniversary of its adoption. For those PUD zoned projects approved prior to October 24,
2001, if on the fifth year of their adoption the authorized development has not commenced to the
thresholds established by Section 2.7.3.4, then the PUD is "sunsetted," which means no
development approvals can be granted until the PUD is extended, amended or rezoned. This
procedure is commonly referred to as the sunsetting provision of the LDC. The LDC allows
PUD projects to be considered for up to two, 2-year extensions. Up until now, all PUD projects
that have sunsetted have only sought one, 2-year extension. This project, however, is seeking
approval of two 2-ycar extcnsions that will run sequentially. That extcnsion time would allow
the project to have an additional four years to develop under the auspices of the existing PUD
document.
This project has incurred unusual timing constraints. The project was zoned from the
Agricultural (A) zoning district to PUD on June 8, 1999 to allow development of a maximum of
552 dwelling units (.80 dwelling units per acre); two golf ccnrses; 3.5 acres of commercial uses;
conservation areas; and associated accessory uses. Site Development Plan (SDP) approval was
granted on December 5,2000, and insubstantial changes were '1pproved on July 27, 2001 (SDPI-
2001-AR-1097) and September 9, 2001 (SDPI-2001-AR-124j). According to the petitioner, an
entrance road and access improvements, such as turning ianes on US 41, have heen completed.
In addition, potable water mains and sanitary sewer force mains have been installed on a portion
of the site. Development of the golf course has not commenced.
-
On June 22, 1999, the Governor and the Cabinet of the State of Florida adopted an order that
established a moratorium in this area of Collier County. The Governor's order precluded the
owner from developing the site; that moratorium was not lifted until July 28, 2003. Therefore,
this project experienced a period of four years within which development could not be pursued.
The SOP is subject to expiration soon, because the SDP is only valid for eighteen months after
the pre-construction meeting is held. That pre-construction meeting was held on ~'pril 25, 2001.
Thus, the petitioner has until July 18,2004 to have all infrastructure imp\g~e\ge~rmhlJe.r'h1M
June~2~~, 2004
Naples Reserve Golf Club PUDEX'2004-AR-5752 Page 1 of 4 Page 1 of 66
complete, or the SOP will expire on that date. The petitioner has indicated that he may seek a
six-month extension. Because the PUD sunsets in five years, the owner was left with only one
year to develop under the PUD sunsetting provision. Allowing two non-concurrent two-year
extensions would, in essence, restore the four years of development opportunity that were lost
due to the moratorium. The developer will then have the same amount of time to develop that
other PUD zoned projects that were not subject to the moratorium would enjoy.
Interestingly, the county adopted an amendment to the PUD sunsetting regulations that allows
projects rezoned to PUD after October 21, 2001 to be automatically exempted from the
sunsetting provision during the time the property is subject to a moratorium. However, this
clause is only effective for projects that were zoned to PUD after October 21, 2001, so this
project did not benefit from that clause.
Synopsis of Approved Land Uses:
,.,-..-
The PUD document that was adopted as part of the original rezoning approval (Ordinance
Number 99-42) contains the list of uses approved for the project. As pan of this extension
request, no changes are proposed to the PUD nor are any changes proposed to the Master Plan.
The PUD would retain the approval that was granted in 1999; any changes would require a
separate amendment petition request. This PUD covers the entire section, and there is no
abutting development in the surrounding sections in any direction. Winding Cypress DRI/PUD
controls three sections west of this PUD, but development is only occurring on Winding Cypress
in the northernmost area for a project known as Verona Walk., which is developing as a
residential golf course community. That project is not adjacent to the Naples Reserve Golf Club
PUD. Walnut Lakes PUD, a 204-acre project proposing a residential golf course community,
located to the south of the subject site, is being developed as Reflection Lakes at Naples. The
undeveloped Agriculturally zoned land to the north is owned by the State of Florida. To the east
is cultivated land zoned Agricultural.
-,
Page 2 of 4
Consistency with the Collier County Growth Management Plan (GMP)
The subject property straddles two land-use designations. The southwestern portion of the
subject property is designated Urban (Urban-Mixed-Use District, Urban Residential Fringe
Subdistrict); and the northeastern portion is designated AgriculturallRural (Rural Fringe Mixed-
Use District, Receiving Lands) on the Future Land Use Map of the Growth Management Plan.
The Urban Residential Fringe Subdistrict allows a maximum density of 1.5 units per gross acre.
The base residential density allowable for designated Receiving Lands is one unit per five gross
acres, with a maximum density of one unit per acre achievable through the Transfer of
Development Rights (TDR) process. The FLUE also allows projects that are located in the Rural
Fringe Mixed Use District that were rezoned before June 19,2002 to develop in accordance with
the previously approved plans.
The original rezoning action was deemed consistent with the GMP when the subject site was
rezoned to PUD; no changes arc proposed to the PUD document or the PUD Master Plan, and
the GMP allows exceptions as noted above, therefore the PUD remains consistent with the GMP.
Consistency with the Collier County Land Development Code (LDC):
.---
Section 2.7.3.4. of the LDC requires the Board of County Commissioners to make formal
findings to support approval of a PUD extension request. Staff offers the following findings for
consideration by the Board of County Commissioners:
1. The PUD and the Master Plan is consistent with the current Growth Management Plan,
including, but not limited to, density, intensity and concurrency requirements (LDC
*2.7.4.5.6.2. a.).
No changes have been adopted to the GMP that would make the previously approved PUD
inconsistent, therefore the PUD remains consistent with the GMP.
2. The approved development has not become incompatible with existing and proposed uses
in the surrounding area as the result of development approvals issued subsequent to the
original approval of the PUD ::.oning (LDC *2.7.4.5.6.2. b.); and
No changes have occurred in this area that raise compatibility issues. The two nearby
projects, Winding Cypress and Walnut Lakes both have been approved to allow residential
golf course communities, just like the Naples Reserve Golf Club project Therefore, the uses
approved in the Naples Reserve Golf Club PUD remain compatible with proposed uses in the
area.
3. The approved development will not, by itself or in conjunction with other development,
place an unreasonable burden on essential public facilities.
.-,
The PUD document contains language that adequately addresses provlSlons for public
facilities.
Naples Reserve Golf Club PUDEX-2004-AR-5752 Page 3 of 4
Agenda Item No. 17C
June 22,2004
Page 3 of 66
Stafr Comments:
As noted above, the uses that were approved for this PUD remain compatible with other uses
expected to develop in this area.
FISCAL IMP ACT:
Extension of the PUD will have no fiscal impact upon Collier County.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
PUD extensions are not heard by the CCPC.
STAFF RECOMMENDATION:
The extension action currently proposed docs not address any changes to the Master Plan. Any
change to the Master Plan would need to be approved pursuant to LDC Section 2.7.3.5. Staff
believes that two, 2-year extensions are appropriate due to the unique situation this PUD project
encountered regarding the moratorium that was imposell. Therefore, staff recommends that the
Board of County Commissioners approve this request to allow the PUD time limit to be extended
until June 8,2008.
--
,-'
Naples Reserve Golf Club PUDEX-2004.AR-5752 Page 4 of 4
Agenda Item No. 17C
June 22, 2004
Page 4 of 66
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
Item Number
1~"
!.....
Item Summary
Thi~> i!mn req;;;ms ttiat <III participar.:t~> !;il ~;worn in and HX par!e di',r.,oSUrB bel
plOvidHd hy CQmmission rT1i~!T1b0r~> PUDE)( ..2G04..t..R-5752: Naples RHSente
Goif Club, Inc., represented by Robert Duane, A.LC,P., of Hole Montes, Ine.,
requesting 2 1\'Io-year extensions of the Naples RS$er~e Golf Club PUD
pursuant to LDC Section 2,7.3.4.6. The property is Ior-...ated 1.3:t: miles east of
County Road 951 ana approximately one m:!e north of US Highway 41, in
Ssction 1, Township 51 South, Range 25 East, Comer County, Fiorida,
consisting of 688:t. acres.
Meeting Date
6l22J2004 9:00:00 ~.M
Approved By
StJS<ll1 Murmy, AJCP
7..oning & loam) Dav/':IQpmanl. Ob'/':cicr
O<l\e
Community Deveklpment 8.
En'iironn1enl.a1 Sar\ih~es
Zoning & land Dev'3lopmemt Revie;w
5i2t!2004 10:::>1 AM
Approyed By
Sandra L'2a
E:<e;cutlve Secretarl
Date;
Community De:velopment &.
Environme:ntal Senrice:s
Community Dt.velopment &.
Erwironmt.nta! Senrice:s Admin.
'\!2612004 11 :Ol3 AM
Approved By
Ray Bellows
Ch!"f PI3'~!1ef
f)"te
ComnuJnity Development Ii.
Environmental Services
Zcning & LInd Development R.,'/iew
5125i2004 t.,: 52 AM
Approved By
JoSt,ph K, Schmirt
C::;;;~,',..unjty Deveklpment 8.
EnVtl"..,nrnenti~E Services Adrn1nstf:..~tor
nat.-,
Ccrmnullity De;...elopment 8.
Er:\(;?'o.nmFir:tai SerV1l";~~
Community Dli'..e!opment 8.
En\'!/'Onmemta! Se,vic.,'5 Admin.
'\!2612004 9:"17 PM
Approved By
Pat Leonhard
Administrativt. Assist;:mt
Dz;te
County Manage:r's Office
Office of Manageme:nt & Elui:1ge:t
!U2'ii2004 9:30 AM
Approved By
~l:;:rk ;:;3ck~cn
Budg!!t Analyst
f)"fe
County Man.1gr:r"s Office
Office of Managem.-,nt & Bw:lg.-,t
~!'l 012004 9: 32 AM
Approved By
Mk;hael SlYlyi<;~)wskl
M"r.agf>ment & B~tdgtlt OirM;t,N
n"tll
C;.ltmty Man.1gar'$ Offica
Offica of M.~r.agf>men't & Bl.dget
fiiUJ20ll4 12:32 PM
Approved By
,lames V. MW.id
Ccullty Manager
Date
8caH1 of County
Commi'5sioner'5
County Man.'lgr:r's OWCE!
fij'l41200412:4U PM
ASJQnri:::l ItQrn 1\1,"", 17r-.
June 22, 2004
Page 5 of 66
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Agenda Item No. 17C
June 22, 2004
Page 7 of 66
r
<:::::::;O~r c:::::.o~:~.:t.Y
......... ....-
APPLICA nON FOR PUBLIC HEARING
PUD EXTENSION
1. General Information:
Name of Applicant(s)
Naples Reserve Golf Club. Inc
Applicant's Mailing Address c/o Michel Saadeh. 75 Vinvards Boulevard. Ste. 500
City
Naples
State FL
Zip 34119
Applicant's Telephone #
(239) 353-1551
Fax #
(239) 304-3475
Applicant's E-Mail Address
michelsaadeh{alvinevardsnap les. com
Name of Agent Robert 1. Duane
Firm Hole Montes. Inc.
Agent's Mailing Address 950 Encore Way. PO Box 111629
City
Naples
State FL
Zip 34110
Agent's Telephone #
(239) 254-200
Fax #
(239) 254-2099
Agent's E-Mail Address
bobduane@holemontes.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (239) 403-24001FAX (239) 643-6968
,..
Revlsec. 02-18-04
PUDEX-2004-AR-5752
PROJECT # 19990130
DATE: 4/12/2004
KANgtK81i'.JlmtNo. 17C
June 22, 2004
Page 8 of 66
Page 'I of 9
Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if
necessary)
Name of Homeowner Association:
NA
Mailing Address
City
State _ Zip
Name of Master Association:
NA
Mailing Address
City
State _ Zip
Name of Civic Association:
NA
Mailing Address
City
State _ Zip
2 . Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the percentage
of such interest. (Use additional sheets if necessary).
Name and Address
NA
Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each.
Name and Address, and Office
Michael Procaccio Chairman
Joseph Procacci. Vice President
Michel Saadeh. President
Robert Rogers. SecretartJTreasurer
Percentage of Stock
50%
50%
C. If the property is in the name of a TRUSTEE, list the name of the Trust and the beneficiaries
of the trust with the percentage of interest.
Name and Address
Percentage of Interest
NA
Revised: 02-18-04
Agenda Item No. 17C
June 22, 2004
Page 2 of 9 Page 9 of 66
d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the name 3f
the general and/or limited partners.
Name and Address
Percentage of Ownership
NA
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
NA
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust.
Name and Address
NA
g. Date subject property acquired (X) leased (): 01/26/99 Term oflease yrs./mos.
If, Petitioner has option to buy, indicate date of option: NA and date option
terminates: , or anticipated ClOSlllg date
h. Should any changes of ownership or changes in contracts for purchase occur subsequent to
the date of application, but prior to the date of the final public hearing, it is the responsibility
of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
3. Detailed leeal description of the property covered bv the application: (If space is inadequate,
attach on separate page.) Applicant shall submit four (4) copies ofa recent survey (completed within
the last six months, maximum I" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
Revised: 02-18-04
Agenda Item No. 17C
June 22, 2004
Page 3 of 9 Page 10 of 66
Section:
I
Township:
51S
Range:
26E
Lot:
Block:
Subdivision:
Plat Book: _ Page #:
Property 1.0.#: 00723880002
Metes & Bounds Description:
Legal: 1 51 26 All
4. Size oforooertv: :i:5540 ft. X :i:5410 ft. = Total Sq. Ft. :1:29.971.589 = Acres :i:688
5. Address/!!enerallocation of subiect orooertv: :!: 1.3 mi. E of CR#951. :i:l mi. N ofUS#41
6 . Adiacent zonin!! and land use:
N
Zoning
A
Land use
Vacant
S PUD. MH. A & RSF-5
Walnut Lakes (under construction), mobile home park. vacant &
Single family residential
E
A
Vacant & agricultural
W
PUD
Winding Cypress (under construction)
Does the owner of the subject property own property contiguous to the subject property?
o Yes X No If so, give complete legal description of entire contiguous property.
(if space is inadequate, attach on separate page).
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book_Page #:
Property 1.0.#:
Metes & Bounds Description:
7. Detail to exolain extension request:
a. Has this PUD received any previous extensions or amendment approvals?
DYes XNo
Revised: 02-18-04
Agenda Item No. 17C
June 22, 2004
Page 4 of 9 Page 11 of 66
Section:
Township:
51S
Range:
26E
Lot:
Block:
Subdivision:
Plat Book: _ Page #:
Property 1.D.#: 00723880002
Metes & Bounds Description:
Legal: 1 51 26 All
4. Size ofpropertv: :l::5540 ft. X :l::5410 ft. = Total Sq. Ft. :l::29.971.589 = Acres:i:688
5. Address/S!enerallocation of subiect property: :l::1.3 mi. E ofCR#951.:l::1 mi. N ofUS#41
6. Adiacent zonmS! and land use:
N
Zoning
A
Land use
Vacant
S PUD. MH. A & RSF-5
Walnut Lakes (under construction), mobile home park. vacant &
Single family residential
E
A
Vacant & agricultural
w
PUD
Winding Cvoress (under construction)
Does the owner of the subject property own property contiguous to the subject property?
o Yes X No If so, give complete legal description of entire contiguous property.
(Ifspace is inadequate, attach on separate page).
Section:
Township: Range: .______..,__
Lot:
Block: Subdivision:
Plat Book_ Page #:
Property 1.D.#:
Metes & Bounds Description:
7. Detail to explain extension request:
a. Has this PUD received any previous extensions or amendment approvals?
DYes XNo
Revised: 02-18-04
Agenda Item No. 17C
June 22, 2004
Page 4 of 9Page 12 of 66
If YES, please indicate the date of approval(s)
b.
Has any portion of the project been developed?
DYes
XNo
If YES, please provide a written analvsis of the amount of existing development using the criteria
listed in LDC Section 2.7.3.4.1 or 2.7.3.4.2., as applicable.
c.
Has the PUD sunsetted?
DYes XNo
When?
liNO, please indicate the date that it will sunset: 06/08/04
Please explain why the PUD was allowed, or will be allowed to, sunset:
See attached
d. Please provide a chronology of the original zoning approvals and amendment approvals as well as
any development approval and any site development improvements that have occurred: Please
provide copies of all PUD documents for the original approval and all subsequent actions.
See attached
Revised: 02-18-04
Agenda Item No. 17C
June 22, 2004
Page 5 of 9page 13 of 66
e. An extension can be requested for up to two years, for a maximum often years total from the
original approval date.
Please provide the original approval date: June 8. 1999
How many years extension is requested?
4 years
to what exact date? June 8. 2008_
8. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however,
many communities have adopted such restrictions. You may wish to contact the civic or property
owners association in the area for which this use is being requested in order to ascertain whether or
not the request is affected by existing deed restrictions.
9. Previous land use petitions on the subiect property: To your knowledge, has a public hearing
been held on this property within the last year? If so, what was the nature of that hearing?
No
10. Additional Submittal requirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise waived
during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. Twelve copies of the Master Plan on paper that is no more than 24" x 36" [and one reduced
8l;2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the
following [Additional copies of the plan may be requested upon completion of staff evaluation].
c. Evaluation Criteria: Provide a written narrative statement describing the request to show
compliance with the criteria found in the Collier County LDC noted for the proposed action (LDC
2.7.3.4.6.2). Include additional materials and documentation in support of the extension, as
necessary.
Revised: 02-18-04
Agenda Item No. 17C
June 22, 2004
Page 6 of 9=>ag_e 14 of 66
~
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST MUST BE SUBMITTED WITH APPLICATION PACKET
REQUlRE111ENTS #OF NOT
COPIES REQUIRED REQUIRED
1. Completed Application, with additional required documents 12
2. Copy of Approved pun Ordinance 12
3. Copy of Deed(s) and list identifying Owner(s) of all 2
Partners if a Corporation
4. Completed Owner/Agent Affidavi4 Notarized 2
5. Master Plans 12
6. Aerial Photograph 2
7. Review Fee $1000.00
OTHER REQIDREMENTS: After initial review of the
request, staff will determine what if any additional
information may be required to substantiate the request.
The applicant's agent will be notified.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this
checklist is included in this submittal package. I understand that failure to include all necessary submittal
information may result in the delay of processing this petition.
12rl~ ~.~
Agent/Applicant Signature
"3/2. r/ 2. ,0" <j/
Date
J
Revised: 02-18-04
Agenda Item No. 17C
June 22, 2004
Page 7 of 9 Page 15 of 66
AFFIDAVIT
]JIt!71, J.1JLJlEt.~ being first duly sworn, depose and say that we/I am/are the
owners of the property described herein and which is the subject matter of the proposed hearing; that all
the answers to the questions in this application, including the disclosure of interest information, all
sketches, data, and other supplementary matter attached to and made a part of this application, are
honest and true to the best of our Iazowledge and belief. Well understand that the information requested
on this application must be complete and accurate and that the content of this form, whether computer
generated or County printed shall not be altered. Public hearings will not be advertised until this
application is deemed complete, and all required information has been submitted.
As property owner ~rther authorize
our/my representative in any matters regarding this Petition.
to act as
Signature of Property Owner
tv1i ~HfC ,~A:AJ>FJ4
Typed or Printed Name of Owner
Typed or Printed Name of Owner
Theforegoing instrument was acknowledged before me this ~TJI. day of MffRaI- . 2ooL, by
Ml QfeT- ~ who is personally ~n to me or has produced N /1} as
identification.
.. ...... I' .................... ............
#:.'."V~'IIIII, LINDA H, FO~WELL
.$~'<; Commisllon" 000093170
.~~~= ~211712OO8
~1Nf\~1 80ncMd through
"""",~' Florida Notary AMn., Ina.
~...._...................
State of Florida
County of Collier
LJ Nt>A If. FoW'RJ,
(Print. Type, or Stamp Commissioned Name of Notary Public)
G:\CurreDt\ApplicatioD Forms\PUD ExteDJioa.doc
Revised: 02-18-04
Agenda Item No. 17C
June 22, 2004
Page 8 of 9Page 16 of 66
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PUDEX-2004-AR-5752
PROJECT # 19990130
DATE: 4/12/2004
KAY DESELEM
..---....-.
H~NOLE. MONtES &. ASSOCtATES, he.
~ EHG~S_PLANNERS-SURVEYORS
715 1Dltl SIrMt s.. KG"'. n.. 14101 - Ph_ : (141) 262-46"
URBAN FR,~da I -
BOUNDARY ~) e 1>~of
EXHIBIT o...~:
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EX>tIBtT - I....
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DiM
HOLE MONTES
ENGI~RS . PlANNERS. SlJMYORS
950 Encore Way. Naples, Rorida 34110. Phone: 239254,2000' Fax: 239.254,2099
-- - ...
I
,
April 6, 2004
Ms. Christine Willoughby
Collier County Community Development
2800 North Horseshoe Drive
Naples, FL 34104
Re: Naples Reserve
HM File No. 1998052
Dear Ms. Willoughby:
Please find enclosed 12 copies of an application for a public hearing for POO zoning extension
of Naples Reserve along with a check in the amount of $500.00 to process the petition. Please
note that the pre-application fee of $500.00 was previously paid at our March 24, 2004, pre-
application meeting for a total fee of$I,OOO.OO. By copy of this letter the requested extension is
for two 2-year extensions to be granted simultaneously from June 8th, 2004 the date of the POO
expiration to June 8th, 2008. The request for two 2-year extensions is because Naples Reserve
was essentially estopped for vertical construction for a large portion of the project that is
contained in the Agriculture/Rural Mixed Use District or 370 acres of the total project area of
688 acres. This was due to the moratorium that was in effect pursuant to the Governor's order
for the Agricultural Mixed Use Area and subsequent challenges to the plan that were not lifted
until July 28th, 2003. Therefore, based on Naples Reserve's approval date of June 8th, 1999, in
effect four of the five years that constituted the life of the zoning for Naples Reserve was
interrupted. It is because of these unique circumstances that two 2-year extensions are requested
simulta.TJ.eously.
Thank you for your consideration in this matter.
"
Very truly yours,
PUDEX-2004-AR-5752
PROJECT # 19990130
DATE: 4/12/2004
KAY DESELEM
Hole Montes, Inc.
~
Robert L. Duane, A.I.C.P.
Planning Director
RLD/Iaa
RECEIVED
APR - 6 20M
.
W :\1998\ 1998052\RLD\PUD Ex CvrLtr.doc
Agenda Item No. 17C
June 22, 2004
Page 18 of66
Naples. Fort Myers. Venice
DATA AND ANAL YSIS TO SUPPORT PUD EXTENSION
FOR NAPLES RESERVE
Explain why the PUD was allowed or will be allowed to sunset.
The Naples Reserve Golf Club PUD was approved by the Board of County Commissioners on
June 8th, 1999 for 552 dwelling units and a 36 hole golf course. The gross density for the project
is 1.25 dwelling units per gross acre. At the time of zoning approval 318 acres were included in
the Urban Residential Fringe Subdistrict and 370 acres were contained in what was known as the
AgriculturelRural Area now known as the AgriculturelRural Mixed Use District. (See attached
exhibit depicting areas in Naples Reserve contained in the Urban Residential Fringe
Subdistrict/Agriculture Rural Fringe in 1999. (See also attached current Future Land Use Map
depicting the subject property.)
The PUD rezone was found consistent with the Collier County Growth Management Plan in
effect at that time and the rezoning was also found consistent with all applicable provisions of
the Collier County Land Development Code (LDC). Consistency with the LDe amongst other
requirements included those of Section 2.7.2.5 rezoning findings and Section 2.7.3.2.5 rezone
criteria for PUDs. A copy of the staff report approving the 1999 rezoning to PUD is attached.
The plan for the AgriculturelRural Mixed Use Subdistrict has been in effect since July 28th, 2003
that has the potential to affect 370 acres of the subject property (eastern portion) now located in
the AgriculturelRural Mixed Use Subdistrict. This portion of the property is now designated as a
Receiving Area with an underlying density of one dwelling unit per five acres, or the same
density previously allowed in the old AgricultureIRural Area. However, densities up to one
dwelling unit per acre are now allowed to be transferred into the Receiving Area through the
transfer of development rights from Sending Areas. Higher densities than one dwelling unit per
acre are allowed within the Receiving Area should the developer opt to plan for a Rural Village
within portions of the property contained within the Agriculture/Rural Mixed Use Area.
- 1 -
Agenda Item No. 17C
June 22, 2004
Page 19 of 66
W:\1998\1998052\RLD\DA T AFORPUDEXTENSION0403161.doc
Special provisions were included in Section (IX) 4 of the Future Land Use Element and titled
ExemPtions from the Rural Mixed Use District Development Standards and are noted as follows:
'The requirements of this District shall not apply to, affect or limit the continuation of existing
uses. Existing uses shall include: those uses for which all required permits were issued prior to
June 19, 2002: or projects for which a Conditional use or Rezone petition has been approved by
the County prior to June 19, 2002; or land use petitions for which a completed application has
been submitted prior to June 19, 2002. The continuation of existing uses shall include
expansions of those uses if such expansions are consistent with or clearly ancillary to the existing
uses. Hereafter, such previously approved developments shall be deemed to be consistent with
the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed Use District, and they
may be built out in accordance with their previously approved plans. Changes to these previous
approvals shall also be deemed to be consistent \vith the Plan's Goals, Policies and Objectives
for the Rural Fringe Mixed Use District as long as they do not result in an increase in
development density or intensity."
In summary, based on the foregoing provision of the FLUE, Naples Reserve shall be deemed
consistent with the "Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use
District" just as it was found consistent with the OMP that was in effect when the zoning was
approved for Naples Reserve in 1999 by the B.C.C. Therefore, the zoning for Naples Reserve
should be extended and not be allowed to sunset based on the foregoing and other information
contained in this report.
Please provide a chronology of the original zoning approval and amendment approvals as
well as any development approval and any site development improvements that have
occurred. Please include all PUD documents for the original approval and subsequent
actions.
-2-
Agenda Item No. 17C
June 22, 2004
Page 20 of 66
W:\1998\ 1998052\RLD\DA T AFORPUDEXTENSION0403161.doc
,
There have been no zoning amendments made since Naples Reserve's zoning was approved in
1999. (See attached PUD document for Naples Reserve.) However, SDP # 2000-25 was
approved December 5. 2000 and a pre_construction meeting was held April 25. 2001.
Construction has been completed on a portion of this SDP which includes the entrance road,
access improvements, turning lanes on U.S,41, potable water main and sanitary sewer force
main. Improvements, however, were not made to the Golf Course in conjunction with the
approved SDP.
Based on correspondence from Susan Murray dated January 30, 2004 the SDP will remain in
effect until July 18,2004 at which time 100 % of the infrastructure improvements shall be made.
A single six-month extension to complete construction may be granted for good cause. A
request to extend this SDP for this six-month period will be filed and if approved will extend the
SDP until January 18,2005.
In summary, the SDP for Naples Reserve is still in effect for the golf course, access, and related
utility improvements at the project entrance on U.S. 41 (see attached correspondence relating to
SDP-2000-025). Environmental Resource Permits have also been obtained from the South
Florida Water Management District and the U. S. Army Corps of Engineers for water
management and dredge and fill. These permits can be provided upon request and are currently
valid.
Compliance with LDC Section 2.7.3.4.1
The PUD has not met the requirement of LDC Section 2.7 .3.4.1.A that would exempt the Naples
Reserve POO from sunsetting. This is because whllc mfrastructure has begun to be incorporated
into the POO these improvements do not constitute 15% of the required gross land area. Nor has
Naples Reserve commenced construction on 15% of ~he required number of dwelling units as
required by Section 2.7.3.4. LB.
- 3-
Agenda Item No. 17C
June 22, 2004
Page 21 of 66
W:\1998\1998052\RLD\DAT AFORPUDEXTENSION0403161 ,doc
It should be noted that had Naples Reserve had a POO approved after October 24, 200 I with a
three year approval in accordance with the requirements of Section 2.7.3.4.2 of the LDC, which,
in the event of a moratorium or other action of government that prevents the approval of any
final development order, the duration of the suspension of the approval would not have been
counted in the three year sunset provision.
It is recognized that the provision pertaining to moratoriums is not specifically provided for
PUDs approved prior to October 24th that have a five year sunset period in Section 2.7.3.4.1. of
the LDC. However, this does not change the fact that Naples Reserve was unable to commence
vertical construction during the four-year moratorium as previously noted. This is the reason
that the developer of Naples Reserve is requesting 2-two year extensions, because the property
owner should not be penalized for actions not of his own doing.
Section 2.7.3.4.6.2 Approval of an extension shall be based on the following:
a. The PUD and Master Plan is consistent with the current growth management plan'
including but not limited to density, intensity, and concurrency requirements.
As previously noted the subject property has 318.42 acres located in the Urban Residential
Fringe Subdistrict and 370 acres in the Agriculture/Rural Fringe Mixed Use District. Lands and
proposed uses and development densities deri ved from the Urban Residential Fringe Subdistrict
at 1.5 dwelling units per acre may be found consistent with this Subdistrict (318.42 x 1.5 DUs =
478 DUs).
Lands located in the Agriculture/Rural Fringe Mixed Use District within Naples Reserve can
also be found consistent with the underlying density allowed of one dwelling unit per five acres
370 acres x .02 DUs = 74 DUs. The total approved density of 552 dwelling units, therefore, is
consistent with densities permitted by the FLUE.
Furthermore, as previously noted the plan for Naples Reserve for portions of the POO lying
within the Agriculture/Rural Fringe Mixed Use District is consistent with the goals, objectives
- 4-.
W:\l998\1998052\RLDIDAT AFORPUDEXTENSION0403161 ,doc
Agenda Item No. 17C
June 22, 2004
Page 22 of 66
-"""...",",,;,".,,,
and policies of the AgriculturelRural Mixed Use District because of Naples Reserve's unique
development status it can build out based on the prior zoning approval according to the FLUE.
The Naples Reserve PUD may also choose to blend it's density between the Urban Residential
Fringe Subdistrict and the AgriculturelRural Mixed Use Subdistrict as is contemplated by the
current PUD and allowed for in the Future Land Use Element subject to criteria. (See attached
correspondence from Robert Duane to Susan Murray and response back from Susan Murray
dated December 1, 2003.)
With regard to concurrency, the Naples Reserve PlJD is subject to the same concurrency
requirements as any other development. These include the current requirements of LDC Section
3.15 pertaining to adequate public facilities. See also page 2 "Statement of Compliance" finding
11 of the attached Naples Reserve POO that notes all fmal development orders are subject to the
Collier County Concurrency Management System, ;is Impiemented by the Adequate Public
Facilities Ordinance.
b. The approved development has not become "incompatible with existing and
proposed uses in the surrounding area as the result of development approvals issued
subsequent to the original approval of the PUD.
There have been two zoning approvals adjacent to Naples Reserve since the zoning for Naples
Reserve was initially approved in 1999. These include:
1. The Walnut Lakes POO to the south of Naples Reserve. This PUD contains 612
units on 204 acres, or a gross density of threeiwelling units per acre. This PUD
is located in the Mixed Use Urban Residenlia.l Subdistrict and was approved on
January 28,2003. (A copy of the Walnut Lakes POO is attached per request from
the County staff.)
2. The Winding Cypress PUDfDRI was approved to the west of Naples Reserve and
contains 1928 acres, and allows for golf courses and 2,300 dwelling units. The
-5-
Agenda Item No. 17C
June 22, 2004
Page 23 of 66
W:\ 1998\1998052\RLD\DA T AFORPUDEXTENSION0403161 ,doc
gross density is 1.2 dwelling units per acre. Winding Cypress is located in the
Urban Residential Fringe Subdistrict and rezoning was approved by the B.C.C. on
June 25,2002 (see attached zoning maps).
In summary, Naples Reserve, a golf course community planned for a gross density of
1.25 dwelling units per acre can be found compatible with the Winding Cypress
PUDIDRI located to the west of Naples Reserve and Walnut Lakes located to the south of
Naples Reserve. It should be noted that the northern portion of Walnut Lakes is
separated by a preserve area located in the southwest comer of the Naples Reserve PUD.
c. Approved development wiD not, by itself in conjunction with other development
plans, place an unreasonable burden on essential public facilities.
The project parameters have not changed for Naples Reserve since it obtained zoning approval in
1999, other than density blending is now permitted by the PUD and the Future Land Use
Element, subject to criteria contained therein. At the time of approval of PUD zoning in 1999,
facilities were determined to be sufficient based on the attached Staff Report to support the
development of Naples Reserve.
The Naples Reserve PUD will also be subject to concurrency requirements of Section 3.15 of the
LDC as previously noted. This will insure that adequate infrastructure and public facilities will
be available to serve the development concurrent with the impacts of development.
Furthermore, the current plan for the AgriculturelRural Mixed Use District that comprises 370
acres of the subject property encourages up to one dwelling unit per acre to be transferred from
Sending Areas to Receiving Areas outside of Rural Villages. The analysis of public facilities
and infrastructure to support the new plan for AgriculturelRural Mixed Use District was
determined to be sufficient to support the proposed plan when it was -approved by the Florida
Department of Community Affairs. This finding further supports the fact that portions of Naples
Reserve contained in the AgriculturelRural Mixed Use Area that constitute the largest portion of
-6-
Agenda Item No. 17C
June 22, 2004
Page 24 of 66
W :\1998\ I 998052\RLD\DA T AFORPUDEXTENSION0403161.doc
the project will not place an unreasonable burden on essential public facilities amongst other
planning considerations at this time. Public facilities are also available to support portions of the
subject property contained in the Urban Residential Fringe Subdistrict and will not place an
unreasonable burden on essential public facilities.
In summary, changed conditions around the subject property resulting from the rezoning of the
Winding Cypress and Walnut Lakes PUD can be found compatible with the planned density of
the Naples Reserve PUD at 1.25 DUs per acre. Furthermore, existing and proposed land uses
and densities planned within Naples Reserve can be found consistent with the provisions of the
Urban Residential Fringe Subdistrict and the AgriculturelRural Mixed Use District. For the
foregoing reasons and based on other planning considerations contained in this report, Naples
Reserve should be granted two 2-year extensions to the PUD, extending the life of the PUD until
June 8th, 2008.
Enclosures:
Boundary Survey
Urban Residential Fringe / Agriculture Rural Fringe Map
FLU Map & site
Staff report approving PUD in 1999
Correspondence re SDP 2000-25
Correspondence of RLD to & from Susan Murray, Dec. 1, 2003 re density blending
Naples Reserve Pl)"D
Zoning Maps showing NR & Winding Cypress & Walnut Lakes
Pre-application minute notes
Walnut Lakes PUD
Aerial Photo
Deed
Electronic version of application
-7 -
Agenda Item No. 17C
June 22, 2004
Page 25 of 66
W:\1998\1998052\RLD\DA T AFORPUDEXTENSION0403161.doc
9r. PJ2-
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104
DepartmeDt of ZoniDg aDd LaDd Development Review
AECE/lICD
FEEl 0 3 200+
HOLE M
ONTES, fNC
January 30, 2004
Mr. George H. Hermanson, P .E.
Hole Montes
950 Encore Way
Naples, FL 34110
Re: SOP 2000-025, Naples Reserve Golf Club Site Development Plan
(ZL TR-2003-AR-5170)
Dear Mr. Hermanson:
The following is in response to your request of November 4, 2003 regarding written confirmation that the
above referenced Site Development Plan (SOP) is valid and in effect.
The SOP to construct a golf course and perfonn other site-related work at the Naples Reserve Golf Club
was approved December S, 2000 and a pre-construction meeting was held April 25, 2001. Your letter
states that construction has been completed on a portion of this project, which includes the entrance road,
access improvements, turning lanes on U.S. 41, potable water main, and sanitary sewer force main.
Section 3.3.10 of the Collier County Land Development Code states that once construction has
commenced, the approval term will be determined as follows: The construction of infrastructure
improvements approved by an SDP shall be completed and the engineer's completion certificate provided
to the Engineering Services Director, within 18 months of the pre-construction conference, i.e.,
commencement of construction. A single six-month extension to complete construction may be granted
for good cause shown if a written request is submitted to, and approved by the Engineering Services
Director priur to c:xpiration vf the t.1en effc:;tive approval term. Thereaft~, onc~ the SOP approval term
expires, the SDP is of no force or effect.
Effective January 18,2003, Section 3.3.10 of the Land Development Code regarding SDP time limits
was amended requiring complete construction of infrastructure within 18 months of a pre-construction
conference. Pursuant to Section 2.1.17. of the Land Development Code, and inasmuch as construction of
infrastructure improvements approved by this SDP has not been completed and it has been more than 18
months since construction commenced based upon the date of the pre-construction meeting, the
following shall apply: The construction of all infrastructure improvements approved by an SDP must be
completed, and the engineer's completion certificate provided to the engineering services director, within
eighteen (18) months of the pre-construction conference, i.e., commencement of construction. A single,
six-month extension to complete constructions may be granted for good cause shown if a wrinen request
is submitted to, and approved by, the engineering services director prior to expiration of the then
'-
!~7
c
Agenda Item No. 17C
June 22,2004
Page 26 of 66
r,. _._. "..... "}f, A("~. '1.111'
-.-------.------ - .-- --.. --- ~._--
January 30, 2004
Mr. Hermanson
Page Two
effective approval term. In this case the infrastructure improvements must be 100 percent complete by
July 18,2004. Prior to that date time you may request a six-month extension. Should the improvements
fail to be complete by that time, and/or an extension request fail to be applied for and/or granted, the SDP
will be of no force or effect
Should you require additional information, please do not hesitate to contact om' office at 239-213-2907.
Researched and prepared by:
Reviewed by:
~Al~
Zonmg and Land Development Review
c: Patrick White, County Attorney
Joseph Sclunitt. Administrator
Conununity Development and Environmental Sernces
Tom Kuck, Director, Engineering Services Department
ZL TR-2003-AR-5170 file
Agenda Item No. 17C
June 22,.2004
Page 27 of 66
7~~~
-
/ D~ /VlItS 7& /f <
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
September 9, 2001
ENGINEERING SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Mr. Jeff Head
Hole Montes
Engineers, Planners, Surveyors
950 Encore Way
Naples. Florida 341 10
254-2000
RE: Insubstantial Change to SDP-2000-025
Project #19990395
~SDPI-2000-AR-1245, Naples Reserve Golf Course"
Dear Mr. Head:
This is in response to your submittal of plans showing that the clearing limits are revised to provide
additional stockpile area and a backflow assembly/water meter is added at the property line.
This office has reviewed the plans and has no objection to the changes shown.
.'n the event a structural or land alteration is affected by this change, a building or land
alteration permit shall be obtained if applicable.
Four (4) copies of the approved plans are being returned for your use.
Please call me if you have any questions or need any additional information,
Sincersly,
~.,
t.' ,
Ki;~_ r,~'.. ,,~'. _ ."_~_ _'
/\~ . ...... oJ.. _..t. _~ __.._
.../ .' '., .-' -' ,
Stan Chrzanowski, P.E.t
Senior Engineer
H,E-"'9-_ L.oIt_..... ~1loISCI
cc: John DiMartino, Engineering Environmental Inspector, w/attachment
Customer Service, Addressing, w/attachment
SDPI-2001-AR-1245, w/attachment
Fire Code Official. w/attachment
Reading File
!JHONE 1841 i 65S-5i4.;
FP.J: fH4: J 6";';_~-696~'
Agenda Item No. 17C
June 22, 2004
Page 28 of 66
wV'V/,C(;. :::olile:-.f:, Ii,
9 Ff,S'~
~ T"M MilS 't.f S
~ 2~~J;~E~~~~E~~~ALSERVICESDMSION
July 27, 2001
PLANNING SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Jeff Head, E.!.
Hole Montes
950 Encore Way
Naples, FL 34110
RE: Insubstantial Change to SDP-2000-025
Project #19990395
"SDPI-2001-AR-1097, Naples Reserve Golf Club"
Deaf Mr. Head:
This is in response to your submittal of plans showing:
1. Increased the travel lanes from 12' to 14' wide.
2. Increased the median from 5.33' to 15.33' wide.
3. Removed the dry detention on the west side of road.
4. Increased the dry detention width on the east side from 19' to 3D'.
5. Increased the shoulder on the east side from 5' to 10' wide.
6. Shifted water and irrigation mains to the east (offsets from back of curb and distance
between each remained the same).
7. Increased clearing limits 1.3+ acres.
This office has reviewed the plans and has no objection to the changes shown.
*In the event a structural or land alteration is affected by this change, a building or
land alteration permit shall be obtained if applicable.
Three (3) copies of the approved plans are being ieturned for your use.
Please call me if you have~any questions or need any ,.jdditional information.
sff:re~, j/, ,
-sr~chrza'n~~P:'E:'~ -
Senior Engineer
H:Engineering-lnspections Letten;Jlnsubstantial Change~pl .
cc: John DiMartino, Engineering Environmental Inspector, w/attachment
Customer Service I Addressing, w/attachment
SDPI-2001-AR-1097, w/attachment
Fire Code Official. w/attachment
Reading File
Agenda Item No. 17C
June 22, 2004
Page 29 of 66
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COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION
ENGINEERING REVIEW SECTION
December 5.2000
PLANNING SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Mr. Jeff Head
Hole, Montes & Associates
715 1 Oth Street South
Naples1 Florida 34102
941-2624617
PUDEX-2004-AR-5752
PROJECT # 19990130
DATE: 4/12/2004
KAY DESELEM
Re: "Naples Reserve Golf Club, SDP-OO-25"
Final Site Development Plans Approval
Dear Mr. Head:
Engineering Review has reviewed the Final Site Development Plan for the referenced
project and has no objection to the construction of water, sewer, paving and drainage
aspects of the project subject to the following stipulations:
1. General Conditions
a) CHANGES IN USE ANDIOR DESIGN OF THESE SITE AND
ARCHITECTURAL PLANS ARE NOT AUTHORIZED WITHOUT WRITTEN
APPROVAL BY THE COUNTY. CHANGES SHALL REQUIRE RE-REVIEW
IN ACCORDANCE WITH ALL CURRENT COUNTY CODES INCLUDING
PARKING FACILITIES, UTILITIES, TRANSPORTATION AND THE LIKE.
b) A preliminary inspection and approval of the infrastructure for multi-family
residential must be done by Engineer Inspections prior to any Certificate of
Occupancy being granted.
c) All PUD related stipulations shall apply to this project.
d) Permits from other agencies having jurisdiction over this project shall be
obtained prior to start of construction.
e) Please call Mr. Don Nobles at 403-2400 to schedule a pre-construction
meeting a minimum of 48 hours prior to start of construction.
f) Applicable impact fees for the golf course shall be paid prior to or
simultaneous with application for building pennit for any structure,
whether principal or accessory, excluding temporary construction
facilities, or for any vehicular parking facilities, whether for principal or
accessory structures. Note: A building per'J\~e~aa fi~fWf..f5~1 -fer
June 22, 2004
Paqe 30 of 66
PHONE (941) 40.3-2400 FAX (9411643-6968 www.cQ,coHier.fi.us
sop. 00-25
Naples Reserve Golf Course
December 5. 2000
Page 2
construction of a vehicular parking facility. This stipulation will be
enforeed by withholding the issuance of a street address for the project
until evidence has been provided to staff that all golf course impact fees
have been paid. Without assigned street address, no building permit
application(a) will be accepted.
g) This Final Site Development Plan construction plan and plat is approved
conditionally upon the Waiver and Release executed by the Owner with
respect to Collier County Ordinance No. 93-82 for Adequate Public Facilities.
Be advised that building permits cannot be issued for this property until a
Concurrency Certificate is issued.
h) Prior to issuance of a Certificate of Occupancy, the infrastructure
necessary to serve the project shall receive preliminary acceptance
i) All construction activities permitted by this letter shall only occur during the
following times:
6:30 A.M. to 7:00 P.M., Monday through Saturday; no work is
permitted on Sundays and the following holidays:
New Year's Day, Memorial Day, 4th of July, Labor Day,
Thanksgiving Day, Christmas Day
2. Utilitv
a) See attached Exhibit "An
b) Approval of the attached plan does not constitute approval of the meter
size. Sizing of the meter shall be coordinated by the Engineer of Record
and the Public Works Division.
c) No water or sewer utility construction shall commence until proper DEP
pennits have been obtained.
3. Subdivision
All work shall be in accordance with applicable Collier County ordinances and rules
and regulations of other entities having jurisdiction over the project.
4. Environmental
Site clearing is conditioned to the stipulations contained on the approved site plan.
5. Water Manaaement
Agenda Item No. 17C
June 22.2004
Page 31 of 66
SDP- 00-25
Naples Reserve Golf Course
December 5, 2000
Page 3
a) All work shall be in accordance with applicable State or Federal rules and
regulations.
b) Work area shall be property barricaded with hay bales and/or silt screens
during the entire time of construction, to prevent any siltation during
construction.
c) Separate excavation permit must be obtained.
d) The engineer of record, prior to issuance of a Certificate of Occupancy, shaJl
provide documentation from the stormwater maintenance entity that it has
been provided information on how the stormwater system works and their
responsibility to maintain the system.
6. Addressinq
Pursuant to Ordinance No. 99-76, no proposed subdivision1 street, building,
condominium or development may utilize the same name or a similar sounding
name as any existing subdivision, street, building, condominium or development,
except that the major street within a subdivision may utilize the name of the
subdivision. Any changes to the project name shall be reviewed and approved by
Community Development and Environmental Services Addressing Department
7. Fire Protection
Please note that prior to the accumulation of combustible building materials on site,
proposed fire hydrants must be operable with the minimum required fire flows and
improved stabilized emergency apparatus access ways (min. 14' wide) must be
available to within 100' of the structures.
See attached inspection checklist for SOP improvements.
Two (2) sets of approved plans and three (3) sets of landscape plans are being
returned herewith for your use. Two copies of approved SOP shall be attached to each
set of building plans submitted.
Two copies of the stamDed approved Architectural Plans shall be submitted with
the Sui/din" Permit Application. If this is a simultaneous submittal it is the
aIJolicant1s responsibility to insert the approved architectural plans into the
Buildina Department permit set.
Be advised that this approval automatically expires twenty-four (24) months from the
date of this letter pursuant to Collier County Land Development Code Section 3.3.8.
Agenda Item No. 17C
June 22, 2004
Page 32 of 66
J
SDP- 00-25
Naples Reserve Golf Course
December 5, 2000
Page 4
Please call me if you have any questions or need any additional infonnation.
N:iE.4- L4 I. - ~..At......1. ....
,
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cc: Abe Skinner, Property Appraiser (w/attach.)
Ronald F. Nino, AIC?, Planning Manager
Don Nobles, Engineering Inspections Supervisor (w/attach.)
Customer Services/Addressing (w/attach.)
Sherry Long, Customer Service Agent
Anne Marie Saylor, Utilities Adm. Assist (w/attach.)
Shirley Nix, Engineer Technician \I
Diane Deoss, D.O.R. Billing Supervisor
SDP-0D-25 (w/attach.)
Reading file
Agenda Item No.17C
June 22, 2004
Page 33 of 66
-----
FIL: COpy -\qC1~a~
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104
December 1, 2003.
Mr. Bob Duane
Hole Montes Inc.
950 Encore Way
Naples, FL 34110
RECEIVED
DEe 0 8 2003
HOLE MOMrr-
, "':::S. JNC
RE: Naples Reserve
Dear Mr. Duane:
i
I
I
I
Regarding your request for information for the Naples Reserve PUD. The Naples Reserve PUD,
adopted on August 8, 1999 via Ordinance No. 99-42 is subject to the provisions of Section
2.7.3.4.1. of the Collier County Land Development Code (LDC). Specifically, for PUD's approved
prior to October 24,2001 a defined percentage of development must be completed at least five
years from the date of approval or the PUD shall "sunset" pursuant to Section 2.7.4.3. of the LDC.
Section 2.7.3.4.2.C. of the LDC provides that for PUD's approved on or after October 24,2001, a
3-year development time frame must be met and also provides for the opportunity to suspend the
time requirement for the duration of any government imposed moratoriwn or other goverrunental
action that prevents the approval of any final development order. Given that the Naples Reserve
PUD was approved prior to October 24,2001, the suspension provisions of the above referenced
section would not apply. You may however, apply for a PUD extension, pursuant to Section
2.7.3.4.6. prior to the sunsetting of this PUD. This provision of the LDC limits you to a maximum
of two extensions, however does not restrict you from applying for them simultaneously.
Regarding your request concerning density blending. You note that Naples Reserve's PUD zoning
is currently vested by provisions contained in the Rural Fringe Mixed Use District that recognizes
such previously approved developments shall be deemed consistent with plan goals, objectives and
policies for the Rural Fringe Mixed Use District. It appears as if this provision would apply to the
Naples Reserve PUD, therefore not necessitating a.'1y amendments to the PUD as you have noted in
your letter.
Any future applications for development orders or PUD extensions will be evaluated for their
compliance with the LDC and a consistency analysis will be performed relative to the GMP.
Appropriate recommendations will be forwarded to the Board of County Commissioners or
approvals will be based on a complete review of any application received through the normal
application processes.
PUDEX-2004-AR_S752
PROJECT # 19990130
DATE: 4/12/2004
KA Y DESELEM
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Agenda Item No. 17C
June 22, 2004
Page 34 of 66
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Mr. Bob Duane
Page 2
December 1, 2003
Please be advised that this verification is based on the Collier County Land Development Code
and/or Growth Management Plan in effect at the time of this date. It is possible that subsequent
amendment(s) to either of these could affect the validity of this verification.
Sincerely,
~~
Susan Murray, AlCP, Interim Director
Department of Zoning and Land Development Review
CC: Joseph K. Schmitt, Administrator, CDES
David Weeks, Chief Planner, Comprehensive Planning
Tom Masters, Vineyards Development (via e-mail)
Michel Saddeh, Vineyards Development (via e-mail)
Bob Duane via e-mail
Agenda Item No. 17C
June 22, 2004
Page 35 of 66
Via E-Mail: SusanMurrav@colIienwv.net
September 18,2003
Ms. Susan Murray
Collier County Development Services
2800 North Horseshoe Drive
Naples, Fl 34104
RE: Naples Reserve
HM File No. 1998052
Dear Ms. Murray:
As a follow-up to our meeting yesterday with Joe Schmitt, Tom Masters and Michel Saadeh, we
agreed that I would forward to you via e-mail a letter (without attachments) addressing two
issues: i) the extension of the PUD zoning for Naples Reserve that sunsets the 8th of June, 2004,
which is 5 years from the date of it's approval; and ii) whether density blending can be
implemented for Naples Reserve during the platting or SDP approval process as opposed to
rezoning the property. Accordingly, please review the following:
1. ZONlNG EXTENSION
The Governor and Cabinet adopted the "Order" putting the Moratorium into effect on June 22,
1999 several weeks after Naples Reserve received its zoning approval for a section of land that
included 370 acres previously located in the Agricultural Rural Area. now known as the Rural
Fringe Mixed Use District, which is also designated as a "Receiving Area" on the Future Land
Use Map. It was not until July 28,2003 that the Moratorium was lifted due to challenges to the
Plan over the past year.
The effect of the Moratorium suspension on Naples Reserve is that it lost four (4) years of the
five (5) year duration of the zoning. However during this period of time the SFWMD and
USACOE permits were obtained. For this reason, it is requested that the four (4) year
suspension of the approval not be counted towards the sunsetting of Naples Reserve, which is a
benefit afforded to PUDs with a three (3) year sunset window. A request for the extension will
be filed later this year. Given the fact that the suspension was for four (4) years, I will be
requesting that two (2) 2-year extensions, which is the maximum allowed by Section 2.7.3.4.6,
be granted. I understand that under normal circumstances, each extension is granted for two (2)
years, one extension fOllOWing the other. However, due to the unique circumstance surrounding
Naples Reserve, I will be requesting both extensions be granted simultaneously, and we hope
that you agree.
2. DENSITY BLENDING
In our PUD Application, and in presentations before, the Collier County Planning COmmission
and the Board of County Commissioners, it was represented that Naples Reserve would be
W:\I 998\1 998052\RLD\SM03 I 022e-rnaillrr,doc
Agenda Item No. 17C
June 22, 2004
Page 36 of 66
Ms. Susan Murray
Collier County Development Services
RE: Naples Reserve .
HM Number: 1998.052
April 2, 2004
Page 2 of3
seeking future amendments to the Future Land Use Element (FLUE) to allow density blending
between urban/rural portions of the property. To this end, several provisions of the Naples
Reserve PUD support the shifting of dwelling units from the Urban Fringe to the Rural Fringe
Mixed Use District portions of the property and should not require an amendment to the PUD in
my opinion. These include:
A. Section 1 - Statement of Compliance Finding #3
The language included in this Finding pertaining to the AgriculturallRural District
noted that the clustering of development within this area may be found consistent
with the FLUE so as to create more functionally useable open space and to
conserve natural resources. The intent of the wording of this Finding was to
cluster development within this area that is largely cleared to create more
functionally useable open space and to preserve natural resources by directing
development away from more pristine areas within the urban fringe area.
B. Section 5.3 - Distribution of Dwelling Units
This Section notes that the density of the Urban Residential Fringe (Urban Area)
and the Agricultural Rural Area may not exceed their underlying density as set
forth in the Statement of Compliance until such time as the FLUE of the Collier
County GMP is amended in such a way that dwelling units may be shifted from
the Urban Residential Fringe to the Agricultural Rural Area.
The intent of this language was that once density blending provisions were
incorporated into the GMP that density could be shifted/clustered between the
urban/rural areas and without undergoing rezoning of the property provided all
other applicable County requirements could be met. For example, the PUD
Master Plan and the location of all residential and recreational areas would have
to remain fundamentally the same as shown on the PUD Master Plan and no
changes to the PUD Master Plan to implement density blending are proposed at
this time.
In closing, Naples Reserve's PUD zoning is currently vested by provisions contained in the
Rural Fringe Mixed Use District that recognizes such previously approved developments shall be
deemed consistent with plan goals, objectives and policies for the Rural Fringe Mixed Use
District and they may be built out with their previously approved plans. Furthermore, Naples
Reserve can meet the existing provisions of the FLUE pertaining to density blending. The same
holds true for proposed LDRs for the Rural Fringe Mixed Use District that contemplates,
amongst other requirements, that density blending is applicable to existing and proposed PUDs.
In fact, the draft LDRs to implement TDRs in the Rural Fringe Mixed Use District encourage
density to be transferred to "Receiving Areas" without rezoning approval up to one (1) dwelling
W:\1998\1998052\RLD\sM031022e-mailltr.doc
Agenda Item No. He
June 22, 2004
Page 37 of 66
--
Ms. Susan Murray
Collier County Development Services
RE; Naples Reserve
HM Number; 1998.052
April 2, 2004
Page 3 of3
unit per acre. The point being, the impacted "receiving area" portion of the Naples Reserve is a
logical location to encourage clustering and density blending as has always been contemplated,
and we hope you agree that this can be accommodated without any PUD amendments
Very truly yours,
HOLE MONTES, INC.
1?96ert L. (j)uane
Robert L. Duane, A.I.c.P.
Planning Director
RLD/mjr
Cc; Tom Masters (via e-mail: tornmasters(@.vinevardsnaoles.com)
Michel Saadeh (via e-mail: michelsaadeh@vinevardsnaDles.com)
Joseph Schmitt (via e-mail: ioeschmitt(@.colliergov.net)
W:\1998\1998052\RLD\sM031022e_mailllT.doc
Agenda Item No. 17C
June 22, 2004
Page 38 of 66
ORDINANCE NO. 99- 42
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. ,.~. AN ORDINANCE AMENDING ORDINANCE NUMBER. 91-102 11m
\\ COllIER. COUNTY LAND DEVELOPMENT CODE WIllCH INCLUDES
, '. THE COMPREHENSIVE ZONING REGULA nONS FOR TIlE
! ' . UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
;.1 AMENDING THE OFFICIAL ZONING A11.AS MAP NUMBER. 160102; BY
" i CHANGING THE ZONING CLASSIFICA nON OF nil! HEREIN
// DESCRIBED REAL PROPERTY FROM MA" RURAL AGRlCULroRAL TO
. "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES RESERVB
GOLF CLUB, FOR A MAXIMUM OF 552 RESIDENTIAL DWELLING
UNITS, 3.S ACRES OF VILLAGE COMMERCIAL AND TWO 18 HOLE
GOLF COURSES FOR PROPERTY LOCATED ONE MILE NORm OF u.s.
41 AND TWO MILES EAST OF C.R. 951, IN SECTION I, TOWNSHIP SI
SOtITH, RANGE 26 EAST, COLUER COUNTY, FLORIDA, CONSISTING
OF 688:t ACRES; AND BY PROVIDING AN EFFECTIVE DA TB.
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WHEREAS. Robert C. DuaDe, AlCP, of Hole, Montcs and Auociatel, IDe., ~ Naplea Relc:rve
Golf Club, Inc., petitioaed the Boud of COIUIty CollllJlUsioners to change the ZODiDI claai&1IioG of the bcreiD
described n:a1 property;
NOW, 1lIEREFORE BE IT ORDAINED by the Board of ColJI1ty Commis.llioDen of Collier County,
Florida:
SECTION ONE:
The zoning classification of the herein descnbed real property located iD Sec:lion 1. Township S I Sou1h,
Ranse 26 East. Collier County. Florida, ia changed from "A" Rural Ajp:K:u1tura1 10 "PUO" P1anned Unit
Development in accordance with the Naples Reserve Golf Club PUD Document, attached hereto .. Exhibit . A. and
incorporated by reference herein. The OfficiAl Zoning Atlas .\Up Number 160102, .. desc:ribcd in 0rdiJIaDcc
Number 91-102, the Collief Collllly Land Development Code, Li naeoy amcodcd accordiDaly.
SECTION TWO:
This OrdinInce shall become effective upon filing wnl1 ,,'Ie D-:-partment of State.
PASSED AND DULY ADOPTIID by the Board of C)Wlty Cvmmiuionen of Collier ColIDty, Florida, thil
~,~!~1~u~ .1999.
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BO.'\',R:J nt' (f'UNrY COMMISSIONERS
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Approved alto FOIUl
aDd Lela! Sufficialqt
This ordinance tiled ","" the
Secretory Of~) Offi~e;~e
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Agenoa Item No. 17C
June 22, 2004
Page 39 of 66
~~(~.~. r}1. Ihuud
Marj e M. Student
AuiItaDt County Attorney
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NAPLES RESERVE GOLF CLUB
A
PLANNED UNIT DEVELOPMENT
EXHIBIT A
Prepared by:
HOLE, MONTES AND ASSOCIATES,INC.
715 Tenth Street South
Naples, Florida 34102
February 1999
Revised May, 1999
HMA File No. 1998052
Date Reviewed by CCPC:
Date Approved by BCC: ,,/ 3/ ~ ,
Ordinance No. if ,.. f'''-
.'\.mendments & Repeals
EXHIBIT A
_ Agenda Item No. 17C :
June 22, 2004 '
Page 40 of 66
-
TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance ..........................................................................................1
SECTION II - Property Ownership, Legal Description, Short Title and
Statement of Unified Control.................................. ....... ....... ................... ............. ...3
SECTION ill . Statement of Intent and Project Description...........................................................4
SECTION IV - General Development Regulations.........................................................................5
SECTION V - Permitted Uses and Dimensional Standards for Residential Dcvclopment.............9
SECTION VI - Permitted Uses and Dimensional Standards for Golf Course Development... ...13
SECTION VII - Permitted Uses and Dimensional Standards for the
Village Neighborhood Commercial Center ........................................................15
SECTION VIII - Environmental Standards...................................................................................16
SECTION IX . Transportation Requirements ...............................................................................17
SECTION X - Utility and Engineering Requirements ..................................................................18
SECTION XI - Water Management Requirements .......................................................................20
EXHIBITS
Exhibit A - PUD Master Plan
Exhibit B - Legal Description
,Agenda Item No. 17C
, June 22, 2004
Page 41 of ~6
SECTION I
Statement of Compliance
The development of approximately six-hundred eighty-eight (688) acres of property in Collier
County, as a Planned Unit Development, to be known as Naples Reserve Golf Club, will be in
compliance with the goals. objectives and policies of Collier County as set forth in the Growth
MlIDAgeJDent Plan. The residential and recreational facilities of Naples Reserve Golf Club will
be consistent with growth policies, land development regulations. and applicable comprehensive
planning objectives of each of the element! of the Growth Management Plan for the following
reasons:
1. The property is located in both the Urban Residential Fringe District and the
AgricuJtura1IR.maJ area as designated on the Future Land Use Element of the Collier
County Growth Management Plan.
2. The purpose of the Urban Residential Fringe Subdistrict is to provide transitional
densities between the Urban Residential area designated on the Future Land Use Map and
the AgriculturallRural area.
Based on the 318.4 acres within this district that permits a maximum density of 1.5
dwelling unit! per acre, a total of four-hundred and seventy-eight (478) dwelling units are
pennitted with the Urban Residential Fringe district.
3. The Agricultural/Rural district permits low density residential development amongst
other land uses.
Based on a density of one (I) dwelling unit per five (5) acres and 369.6 acres located
within this area seventy-four (74) dwelling units are pennitted. The clustering of
development within the AgriculturallRural area may be found consistent with the Future
Land Use Element so as to create more functionally useable open space and to conserve
natural resources.
4. A total of 551.56 or five-hundred fifty-two (552) dwelling units are permitted on the
property in its entirety and may be found consistent with the Collier County Growth
Management Plan including objective I, of the Future Land Use Element. (See also
Section 5.3 of this Ordinance).
5. The subject property's location in relation to the existing or proposed community
facilities and services permits the development's residential density as required in
Objective 2 of the Future Land Use Element.
6. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element
- 1 -
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Agenda Item No. 17C :
June 22, 2004:
Page 42 of 66 .'
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7. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the F Iuure Land Use Element.
8. The project development will result in an efficient and economical extension of
community facilities and services as required in Policies 3 .1.H and L of the Future Land
Use Element.
9. The project development is planned to incorporate natural systems for water management
in accordance with their natural functions and capabilities as required by Objective 1.5 of
the Drainage Sub-Element of the Public Facilities Element.
10. Provisions arc incorporated into the PUD for a Neighborhood Village Commercial Center
limited to a maximum of 3.5 acres within portions of the property desisnated for the
Residential Urban Fringe District. The Neighborhood Village Commercial Center is
designed to minimize external trips to and from the project for limited commen:ia1 goods
and services.
Provisions incorporated into the PUD for the Neighborhood Village Commercial Center
are not effective until the FLUE EAR amendments become legally effective.
11. All final Development Orders for this project are subject to the Collier County
Concurrency Management System, as implemented by the Adequate Public Facilities
Ordinance.
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Agenda Item No. 17C "
June 22, 2004 '
Page 43 of 66.
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SECTION II
Property Ownership, Legal Description, Short Title and Statement of Unified Control
2.1 Property Ownership
1be subject property is currently owned by the Naples Reserve Golf Club.
2.2 Legal Description
Section I, Township 51 South, Range 26 East, Collier County, Florida. and. more
particularly, detcribed in Exhi~it "B". AoccSl is provided throuih Section 12, Township
S 1 South, Range 26 East.
2.3 General Description of Property
The property is located approximately one mile north of US-41 and one and one half (I Yz)
miles east of CR-951. The zoning of the subject property prior to the application for
rezoning is Rural Agriculture (A).
Physical Description
The subject property is cunently vacant and approximately seventy-five percent (75%) of
the site has been previously cleared for agricultural development. The site currently
drains from the northeast to the southwest where the project will outfall to US-41 and
then into Henderson Creek. Soil types on site are: (2) Holopaw fine sand, limestone
substratum, (3) malabar fine sand, (10) Oldsmar fine sand, (14) Pineda fine sand.
limestone substratum, (17) Basinger fme sand, (25) Boca, Riviera, Limestone
Substratum, and Copeland Fine Sands Depressional and (49) Hallandale and Boca fine
sands. The property is located in two Flood Zones. Approximately sixty percent (60%)
of the property is located in Flood Zone (AE- 7) and forty percent (40%) is located in
Flood Zone X
2.4 Short Title
1bis ordinance shall be known and cited as the "Naples Reserve Golf Club 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. Development of this
Planned Unit Development will occur in accordance with the Planned Unit Development
regulations contained herein and any conditions approved with the Rezone Petition as
described and agreed to within the PUD Ordinance.
-3-
Agenda Item No. 17e ':
June 22, 2004 .
Page 44 of 66' "
'.
SECTION III
Statement of Intent and Project Description
3.1 Introduction
It is the intent oftbis ordinanu is to establish a Planned Unit Development meeting the
requirements u set forth in the Collier COUDty Land Development Code (LDC) that will
permit five hundred fifty-two (552) dwelling units for the subject property. The purpose
of this docwnent is to set forth guidelines fe. Jle future development of the project that
meet accepted planning principles and practices. and to implement the Collier County
Growth Management Plan.
3.2 Proiect Description
The project is comprised of 688 acres located wi thin the northcm half of Section I.
Township SI South, Range 26 East.
Access to Naples Reserve Golf Club is provided from an eighty (80) foot wide easement
extending south through Section 12, Township 51 South. Range 26 East to US-41 fora
distance of one thousand nine-hundred fifty (1,950) feet The project will provide for a
range of housing types, including single faITlliy and multi-family development at a gross
density of 0.80 dwelling units per acre and includes two eighteen (18) hole golf courses, a
clubhouse and other project r~reational a..;:::~lties.
3.3 Land Use Plan and Project Phasing
A. The PUD Master Plan contains one I t' 'ract for the golf club, thirteen (13) tracts
for residential use, and miscellaneo:.lS Jreas and tracts that are proposed to be used
for vegetation preservation, recreation. .::..i(es, street rights-of-way, or a
Neighborhood Village Commercial Center, 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 p~rmltting approval, based on compliance with
all applicable requirements of this or::1inance. the LDC and Local, State and
Federal pennitting requirements. All tracts may be combined or developed
separately subject to compliance with :he';cplicable dimensional requirements
contained within this document.
B. The anticipated time of build-out ot tr,~ project is approximately ten (10) years
from the time of issuance of the lim cUlHiing pennit
- 4 -
, Agenda Item No. 17C/
June 22, 2004
Page 45 of q6 .
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SECTION IV
General Development Regulations
The purpose of this Section is to set forth the development regulations that may be applied
geDerally to the development oftbe Naples Reserve OolfClub Planned Unit Development IDd
Master Plan.
4.1 ~
The following are general pro~ions applicable to the PUD Master Plan:
A ReguJations for development of the Naples Reserve Golf Club PUD shall be in
accordance with the contents of this document, the PUD-Plamted Unit
Development District and other applicable sections and parts of the Collier
County Land Development Code (LDC) and the Collier Couuty Orowtb
Management Plan in effect at the time of issuance of any development order to
which said reguJations 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 Naples Reserve Golf Club PUD shall become part of
the regulations that govern the manner in which this site may be developed.
D. Development permitted by the approval of this petition will be subject to a
CODCUJTCIlcy review under the provisions ofDiv. 3.15 Adequate Public Facilities
of the LOe 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 variance or waiver provisions from any
other applicable regulations, the provisions of those regulations not otherwise
provided for in this PUD remain in full force and effect.
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Agenda Item No. 170.:
June 22, 2004
Page 46 of 66
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4.2 Site Clearing and Drainage
Clearing. grading, earthwork, and site drainage work shaH be performed in accordance
with the Collier County LDC and the standards and commitments of this document at the
time of construction plan approval.
4.3 Easements for Utilities
Easements. where required, shall be provided for water management areas. utilities aDd
other purposes as may be required by Collier Count'!. All necessary euements,
dedications or other instruments shall be granted to ensure the continued operation and
maintenance of all services ind utilities. This WIll be in compliance with applicable
regulations in effect at the time eollStluction plans and plat approvals are requested.
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. as revised. in effect at the time the amendment is
requested.
4.5 Project Plan Approval RC<lWrements
Exhibit" A", the PUD Master Plan, constitutes the :equired PUD Development Plan.
Subsequent to, or concum:nt with PUD approval, a Preliminary Subdivision Plat (if
required) shall be submitted for the enYre 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 Section 3.2 of the LDC.
Prior to the recording of the final subdivision plat, wnen required by the Subdivision
Regulations set forth in Section 3.2 of the LDC. final plans of the required improvements
shall receive the approval of all appropriate Coliier 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 orders, the provisions of
Section 3.3, Site Development Plans shall be applied to all platted parcels. where
applicable. Should no subdivision of land occur. Section 3.3 shall be applicable to the
development of all tracts as shown on the PUD ~las.er Plan.
-6-
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'Agenda Item No. 17Cf,
June 22, 2004.
Page 47 of 66 '
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4.6 Provision for Off site 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 pennitted. If, after
consideration offill activities on buildable portions of the project site, there is a surplus
of earthen material, offsite disposal is also hereby permitted subject to the fonowing
conditions:
A Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the LOC, whereby offsite removal
shall not exceed ten (10) percent of the total volume excavated up to a maximum
of20,ooo cubic yards.
B. A timetable to facilitate said removal shall be submitted to the Development
Services' Manager 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 LOC are applicable.
4.7 Sunset and Monitoring Provisions
Naples Reserve Golf Club PUD shall be subject to Section 2.7.3.4 of the LOC, Time
Limits for Approved PUD Master Plans and Section 2.7.3.6 Monitoring Requirements.
4.8 Polling Places
Any public community recreation/public building/public room or similar common facility
located within the Naples Reserve Golf Club PUD may be used for a poUing place, if
detennined necessary by the Board of County Commissioners upon recommendation of
the Supervisor of Elections in accordance with Section 2.6.30 of the LOC.
4.9 Native Vegetation
The project will meet the native vegetation requirements of Division 3.9, Vegetation
Removal. Protection and Preservation of the LOC 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 win be allocated within each subsequent development area. Open space may be in
the fonn of landscaping, 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 See. 2.6.32 of the LDC, which is met by open space areas
provided for on the PUD Master Plan.
-7-
Agenda Item No. He
.June 22, 2004
Page 48 of 66 '
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 they are contained on the property.
4.12 Common Area Maintenance
Common Area Maintenance, including the maintenance of commOn facilitiea. open
spaces, and water management facilities shaJJ be the responsibility of a home owners'
association to be established by the developer.
4.13 Architectural and Site Design Standards
,
Development oftbe Village Neighborhood Commercial Center internal to the project
shall be subject to Division 2.8 of the LDC.
-8.
.~..
Agenda Item No. 17G
June 22, 2004
Page 49 of 66
SECTION V
Pennitted Uses and Dimensional Standards for Residential Development
5.1 ~
The purpose of this Section is to identify pennitted uses and development standIIrds for
areas within the Naples Reserve Golf Club PUD designated for residential development
on the PUD Master Plan. Exhibit II A . .
5.2 Maximum Dwe~ Units
Five hundred fifty-two (552) dwelling units are permitted within the Naples Reserve Golf
Club PUD, based on a density of (1.5) dwelling units per acre in the Urban Residential
Fringe area and one (1) unit per five (5) Beres in the Rural/Agricultural area as set forth in
Section I, the Statement of Compliance.
5.3 Distribution of DweUing Units
Dwelling units permitted in the Urban Residential Fringe and AgriculturallRuraJ area
may not exceed their underlying density as set forth in the Statement of Compliance in
Section One (1) until such time as the Future Land Use Element of the Collier County
Growth Management Plan is amended in such a way that dwelling units may be shifted
from the Urban Residential Fringe to the Agricultural/Rural area.
5.4 Clustering
Dwelling units may be clustered in the AgriculturallRural area on lots less than one (1)
dwelling unit per five (5) acres in accordance with the development standards provided in
Section 5.7 of this Ordinance and in areas further depicted on the PUD Master Plan for
residential development.
5.5 General Description
The PUD Master Plan designates the following uses for areas designated on the PUD Master
Plan.
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Agenda Item No. 17C
June 22,2004
Page 50 of 66
TRACf
ACRES
1. RESIDENTIAL TRACTS
2. RlGHTS-OF-WAY
3. LAKES
4. PRESERVEAREAS
5. GOLFCOURS~OPENSPACE
6. GOLF COURSE CLUB HOUSE
7. GOLFCOURSENUUNTENANCE
TOTAL
:1:133.0
:1:38.1
:1:119.5
:1:68.0
:!:31S.8
%11.4
:2.2
%688.0
19.3%
5.5%
17.4%
9.9%
45.9%
1.7%
0.3%
100%
The approximate acreage of residential tracts is depicted on the PUD Master Plan. Actual
acreage of all development tracts including the size and location of the Neighborhood
ViUage Commercial Center will be provided at the time of Site Development Plan or
Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3. and
Division 3.2, respectively, of the Collier County Land Development Code. Residential
tracts are designed to accommodate internal roadways, open spaces, rec:reational amenity
areas, water management facilities, and o:.her similar uses found in residential areas.
5.6 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 folloWlDg:
I. Principal Uses:
(a) Single Family Detacheq Dy"ellings
(b) Zero-Lot Line Dwellings
(c) Two-family and Duplex Dwellings
Cd) Single Family Attached l,~"i Tov,1'1house Dwellings
(e) Multi-family Dwellings, including Garden Apartments
(f) A Neighborhood Vil!J:;~ ~: ~~,rr;ercial Center in accordance with the
requirements of Section VII of this Ordinance.
(g) Any other housing type which is comparable in nature with the foregoing uses
and which the Development Services Director determines to be compatible
with residential uses.
2. Accessory Uses and Structures
(a) Accessory uses and structures customarily associated with principal
residential uses permitted in this district, including rec::reational facilities,
maintenance facilities and c:::bhouse.
- 10.
. Agenda Item No. 17C
June 22. 2004
Page 51 of 66.
5.7 Development Standards
TABLE 1
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
Minimum Lot Areu
Minimum Lot Wieldl
Froal Y II'd
Side V.d
Rev Y II'd
Rev Yard A
Maximum Buildina
Heigbt
Distance Between N/A NlA
Sl1uc:tUre5
Floor Area Min. (SF) 1200 1200
All distances arc in feet unless otherwise noted.
BH == Building Height
SBH == Sum of Building Heights
N/A
10
.SSBH
1200
1000
600
1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred
(3,500) S.F. for a total minimum lot area of seven thousand (7,000) S.F.
2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots
located on curvilinear streets provided the minimum lot area is still maintained.
3. Accessory uses such as pool enclosures may be attached to principal uses.
4. Where the zero (0) feet yard option is utilized, the opposite side of the structure
shall have a five (5) foot side yard.
5. Single-family dwellings which provide for two (2) parking spaces within an
enclosed garage and provide for guest parking other than private driveways may
reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet
for the remaining structures. Side entry garage setbacks may be reduced to twelve
(12) feet.
6. Building height shall be the vertical distance from the first finished floor to the
highest point of the roof surface of a flat or Bermuda roof, to the deck line or a
mansard roof and to the mean height level between eaves and ridge of gable, hip
and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet above
grade.
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Agenda Item No. 17C
June 22,2004
Page 52 of 66
7. Within the AgricuIturallRuraJ portions of the property as designated on the Future
Land Use Map and on the PUD Master Plan, building heights shall be limited to a
maximum of thirty-five (35) feet within one-hundred (loo) feet of adjacent
AgriculturallRuraJ lands.
8. Only one residential dwelling unit type shall be permitted on any tract designated
for residential use. Where different dwelling unit types arc planned on adjoining
tracts, they shall be separated by recreational facilities, common areas, or
landscape buffers.
9. Landscaping shall meet or exceed the requirements of Section 2.4 of the LDC.
Landscaping and signage shall also be uniform at each signature cn1ranceway into
individual tracts, which sball also promote a similar theme throughout the planned
development.
10. Perimeter buffers shall only be required for the boundary of each tract at the time
it is developed. Buffering may be required during the site plan review process of
all or some remaining tracts as determined appropriate by the Development
Services Director, based on the type of use and proximity to residential use.
11. All signage shall be in conformance with Division 2.5 of the LDC.
12. All parking shall be in conformance with Division 2.3, Off-Street Parking and
Loading.
13. Setbacks shall be mea.smed from the legal boundary of the lot and are inclusive of
easements with the exception of easements that comprise a road right-of-way.
14. Witbin each individual tract, architectural standards shall be unified with regard to
colors, roof lines, and textures, so as :0 cr.:ate a uniform architectural standard for
each individual tract for all multi-family or attached single-family units.
15. Single or multi-family use is permittd en -=ach tract designated "R" on the PUD
Master Plan.
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Agenda Item No. 17C
June 22,2004
Page 53 of 66
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SECTION VI
Pennitted Uses and Dimensional Requirements for Golf Course and Golf Driving Range
6.1 ~
The pmpose of this Section is to set forth the regulations for tract one (1), the Golf Club
area, and for the Golf DriviDs Range, which are depicted on the PUD Master Plan.
6.2 Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered, or used, or land or water
used, in whole or in put, for other than the following:
A. Permitted Principal Uses and Structures
1. Club House
2. Golf Course
3. Golf Driving Range
4. Sales Centers and Construction Offices
5. Maintenance/Storage Facilities
6. Any other principal uses and structures customarily associated with Golf
Course related uses and are determined to be compatible by the Development
Services Director.
B. Permitted Accessory Uses and Structures
I. Clubhouses, pro-shop, prac~ce driving range and other customary accessory
uses of golf courses, or other recreational facilities.
2. Small commercial establishments, including gift shops, golf equipment sales,
restaurants, cocktailloWlges, and similar uses, intended to exclusively serve
patrons of the golf course and other permitted recreational facilities.
3. Multiple tennis courts, shuffleboard courts, swimming pools, and other types
of facilities intended for outdoor recreation common to a country club.
4. Roads, pathways, accessory uses and structures customarily associated with
the permitted use, including but not limited to utility structures, water
management facilities, restrooms, maintenance shops and equipment storage
facilities, non-commercial plant nursery, and similar related accessory uses.
5. AJay other principal uses and structures customarily associated with Golf
Course related uses and are determined to be compatible by the Development
Services Director.
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J.
Agenda Item No. He
June 22,2004
Page 54 of 66
6.3 Property Development Regulations
A. General Requirements
I. Overall site design shall be hannonious in tenns of landscaping, enclosure
of structures, location of access streets and parlcing areas and location and
treatment of buffer areas.
2. Buildings shall be set back a minimum of fifty (SO) feet from abutting
residential districts and the setback area shall be appropriately landscaped
and maintained to act as a buffer zone. No parking will be allowed in the
buffer.
B. Maximum Height of Structures
Three (3) stories, or thirty-five feet.
c. ~
As required by Section 2.3 of the Collier County LDC.
D. Landscaping
As required by Section 2.4 of the Collicr County LDC.
E. Signage
As required by Section 2.5 of~e LDC. However, two (2) signs with a maximum
of one hundred (100) square fcet each or one (1) sign with a maximum area of
one-hundred sixty (160) square feet shall be permitted at the entrance to the
project on US-41.
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Agenda Item No. 17C
June 22, 2004 .
Page 55 of 66
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SECTION VII
Neighborhood Village Commercial Center
7.1 The purpose of this section is to set forth the development regulations that may be applied
to the Neighborhood Village Commercial Subdistrict which may be sized up to 3.5 acres
in lICCordance with the FLUE EAR amendments when they become legally effective.
The location of the Neighborhood Village Commercial Center may be located on any
tract designated for residential uses on the PUD Master Plan that is conveniently located
to provide limited commercial goods and services to project residents and meets the
locational criteria of Section 2.2.20 of the LDC and is further located only in the Urban
Residential Friqe Subdistrict~ depicted on the Future Land Use Map.
7.2 Pennitted 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
Those permitted uses in the FLUE EAR amendments when they become legally
effective.
B. Accessory Uses and Structures
Accessory uses and structures customarily associated with permitted uses in the
Neighborhood Village Commercial Center.
7.3 Development Regulations
All regulations pertaining to locational requirements, parlcing, landscaping, signage,
height, setbacks, design guidelines, and project phasing amongst other requirements sball
be those set forth in the FLUE EAR amendments when they become legally effective.
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Agenda Item No. 17e
_ June 22, 2004
Page 56 of 66
,
SECTIO~ VIII
Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the Project
Developer.
8.1 Preserve Areas are generally depicted on the PUD Master Plan and are permitted to be
used for open space and passive recreational use only. All preservation areas shall be
designated as 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 oftbe
Florida Statutes. Buffen sball be provided in accordance with Subsection 3.2.8.4.7.3 of
the LOC. .
8.2 Petitioner shall be subject to the Collier County Growth Management Plan Policy 12.1.3
contained in the Conservation and Coasta1 Management Element (discovery of a
archaeological or historical site, artifact or other indicator of preservation).
8.3 Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by Current Planning
Environmental Staff. Buffers shall be provlJed around wetlands, extending at least
fifteen (15) feet landward from the edge of wetland preserves in aU places and averaging
twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not
possible, structural buffers shall be provided in accordance with the State of Florida
Environmental Resources Permit Rules and be subject to review and approval by Cunent
Planning Environmental Staff.
8.4 Native vegetation preservation shall co.nfonn to the requirements of Subsection 3.9.5.5.4
of the Collier County LDC and the Preserve Areas, shall be generally provided for as
depicted on the PUD Master Plan, Exhibit A.
8.S An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site,
with emphasis on the Preservation Area, ..~..Jl be submitted to the Current Planning
Environmental 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.
8.6 Petitioner shall comply with the guidelL'les and recommendations of the U.S. Fish &
Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission
(FGFWFC) regarding potential impacts l0 ~rotected wildlife species. Where protected.
species are observed on site, a habitat management plan for these protected species shall
be submitted to Cunent Planning Environmental Staff for review and approval prior to
Final Site Plan/Construction Approval.
8.7 The applicant shall be subject to all environmental ordinances in effect at the time of
development order approvals.
- 16-
Agenda Item No. 17e
June 22,. 2004
Page 57 of 66
SECTION IX
Transportation Requirements
The purpose of this Section is to set forth the transportation commitments of the project
development.
9.1 The developer shall provide erteriallevcl street lighting of the project entrance at the
intersection of U8-4l. Such lighting sbalI be in place prior to the issuance of any
Certificate of Occupancy.
9.2 The road impact fee shall be as set forth in Ordinance 92-22 as amended, and shall be
paid at the time building permits are issued, unless otherwise approved by the Board of
County Commissioners.
9.3 Internal access improvements shall not be subject to impact fee credits and shall be in
place before any certificates of occupancy are issued.
9.4 All traffic control devices used shall confonn to the Manual on Unifonn Traffic Control
Devices as required by Chapter 316.0745, Florida Statutes.
9.5 Roads internal to the project including the eighty foot access road south of the subject
property onto US-4! may be private at the option of the developer.
9.6 The developer shall provide left and right turn lanes at the project entrance on US-41,
prior to the issuance of the first Certificate of Oc.;upancy for the fIrst habitable structure.
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Agenda Item No. 17e
June 22, 2004
Page 58 of 66
SECTION X
Utility and Engineering Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the project
developer.
10.1 Utilities
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. 88-76, u 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
COlDlty 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 lDltil the
County's offsite sewer facilities are available to serve the project or septic tanks
meeting the requirements of Florida Statutes may be used on an interim basis.
C. Prior to approval of construction documents by the County, the developer must
present verification, pursuant to Chapter 367, Florida Statutes, that the Florida
Public Service Commission has granted territorial rights to the developer to
provide sewer service to the project until the County can provide these services
through its sewer facilities or septic tank:s ~eeting the requirements of Florida
Statutes may be used on an interim basis.
D. The utility constrUCtion documcIUS for the proJect's sewerage system sball be
prepared to contain the design and construction of an onsite for<< main, which
will ultimately connect the project to the rurure central sewerage facilities of
Collier County. The force main must be interconnected to the pump station
with appropriately located valves to penrut for simple redirection of the
project's sewage, when connection to the County's central sewer facilities
becomes available.
E. Prior to or at the time of submission c,f "'-.,:-:-t;;;t;,)O plans and final plat for the
project, the potable water supply from. C:.~ C\:'!!i~l' County Water-Sewer District to
serve this project shaI1 be installed adj:1Cl~t t.J '...,: property and be in service.
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Agenda Item No. 17e
June 22,2004
Page 59 of 66
10.2 Engineering
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 shall be
submitted and until approval of the proposed construction, in accordance with the
submitted plan.s. is granted by the Development Services Department.
B. A copy of the SFWMD Surface Water Management Permit must be received by
the Development Services staffprior to any COnstructiOD drawing approvals.
C. Subdivision of the site shall require platting in accordance with Section 3.2 of
LDC to derme the right-of.way and tracts shown on the PUD Master Plan.
D. The developer and all subsequent owners of this project shall be required to
satisfy the requirements of all County ordinances or codes in effect prior to or
concurrent with any subsequent development order relating to this site, including
but not limited to Preliminary Subdivision Plats. Site Development Plans and any
other applications that will result in the issuance of a fina1 development order.
E. The development will provide adequate right-of-way for future turn lanes at the
project entrance and the design will be coordinated with the Office of Capital
Projects Management Said improvements will be made prior to the issuance of a
Certificate of Occupancy for the Country Club and related uses including interim
clubhouse facilities.
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Agenda Item No. 17C
June 22, 2004
Page 60 of 66
SECTION Xl
Water Management Requirements
The purpose of this Section is to set forth the water management commitments of the project
developer.
11.1 Detailed paving, grading and site drainage plans shall be submitted to the Development
Services Department for review. No construction permits shall be issued unless and until
approval of the proposed construction, in accordance with the submitted plms, is granted
by the Development Services Department.
11.2 Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC, except that excavation for water
management features shall be allowed within twenty (20) feet from side, rear or abutting
property lines with side, rear or abutting property lines fenced.
11.3 Landscaping may be placed within the water management area in compliance with the
criteria established within Section 2.4.7.3 of the LDC.
11.4 The wet season water table elevation shall be established at the time of South Florida
Water Management District permitting, which is required for the subject property.
.20 -
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Agenda Item No. 17C
June 22, 2004
Page 61 of 66. .
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LAND USE 8CJ....RY
LEGEND
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lOTAL
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AUI)EHT1AL DeNSITY
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478 DU'S
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500
1000
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Agenda Item No. 17C
June 22, 2004
Page 62 of 66
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Exhibit B
LEGAL DESCRIPTION
SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA.
W:\I99I\199.0~2\rlcN'UD-9021 O.doc
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June 22, 20b4
Page 63 of 66
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STATB OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT B. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-42
Which was adopted by the Board of County Commissioners on the
8th day of June, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 9th day of June, 1999.
.. .\~\~tti~~,
DWIGHT E. BROCK :-" '.: '.
Clerk of Courts and:l:l~~k
Ex-officio to Board"of;;:
County commissione~;
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By: Ellie Hoffman, "'{) fil' ': ~,<
Deputy Clerk ' .: r!',:,
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Ag'enda Item No. 17C
· . June 22,2004,
Page 64 of 66
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RESOLCTION .NO. 04- _
A RESOLUTION OF TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COCi'.TY, FLORIDA,
PURSUANT TO SUBSECTION 2.7.3.4 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE AFFECTING
ORDINANCE NUMBER 99-42 KNOWN AS THE NAPLES
RESERVE GOLF CLUB PUD, EXTE."'IDL\'G THE CURRENT PUD
APPROVAL TO JUNE 8, 2008; A..'-;D PROVIDING AN
EFFECTIVE DATE.
WHEREAS, thc Naples Rescrvc Golf Club PUD, Onlinance Number 99-42. adoptcd on
June 8, 1999 is subject to the provisions of Subsection 2.7.3.4., of the Land Development Code
(LOC), Time Limits for Approved PUD Zoning Districts, together with their respective Master
Plans; and
WHEREAS, the PUD was auoptcu consistent with and under the provisions of the Collier
County Growth Managemenl Plan; and
WHEREAS, the developer of the PUD was unable to cummence vertical construction for
a large portion of the project (370 acres of the 688 acre total f :':~ to the moratorium in effect for
the Agricultural/Mixcd Use Area pursuant to the Final Order Ill' thc Auministration Commission
dated June 22, 1999 and continualion of same due LO subsequent challenges to the Growth
Management Plan Amendment adopted to implement the Final Order: and
WHEREAS, the Board of County Commissioners has reviewed the PUD and has
uetermineu to extend the current PUD Zoning for two 2-year exknsions for a total of four years,
or until June 8, 2008.
:--lOW, THEREFORE. BE IT RESOLVED BY l'HE BOARD OF COU:--lTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. The above recilals are adopted by reference as if ,'uny ';el forth herein.
2. This Resolution shall constitute eviuence of ~.()"..,!; ;~,.. 'vith the review requirements
of Suhsection 2.7.3.4 of the LOC.
3. Pursuant to said Subsection of the LDC, the ClJlTl'nl PI ') approval is hereby extended
up and until June 8, 2008.
4. No further extensions may be sought for this PI;; J, nc"ause the project has maximiled
the number of PUD extension allowed purs'.l1nt w Suhsection 2.7.3.4.6.4 of the LDC.
BE IT FURTHER RESOLVED that this Rcsolul:,)rl ice rcc,'rdeu in the minutcs of this
Board and in the records of the petition for which lhe ex Lenswl1 if; granted.
This Resolution shall become effective immediately :J;1on it~ approval.
This Resolution adopted after motion. second and m.f,jvrltj \'\Jte.
Page 1 of 2
Agenda Item No. 17e
June 22, 2004
Page 65 of 66
Done \his
day of
,2004.
ATIEST:
DWIGHT E. BROCK, Oerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DEPUTY CLERK
DONNA FIALA, CHAIRMAN
Approved as to Form and Legal Sufficiency:
Marjorie M. Student
Assistant County Altomey
Page 2 of 2
Agenda Item No. 17e
June 22, 2004
Page 66 of 66
EXECUTIVE SU~IMARY
SE-04-AR-5334, an Ordinance amending Ordinance 03-29, the Naples Botanical Garden
Planned Unit Development (PUD) to correct a scrivener's error resulting from the unintentional
omission of the omcial zoning map number 05238 in the title of the transmittal copy of the
adopted Ordinance to the Department of State for the property located at the intersection of
Bayshore Drive and Thomasson Drive in Section 23, Township 50 South, Range 25 East, Collier
County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) correct a scrivener's error resulting from an
unintentional omission of the official zoning map number 0523S to Ordinance 03-29 (the Naples
Botanical Garden PUD) that is consistent with the Collier County Growth Management Plan (GMP)
and the Land Development Code.
,-
CONSIDERATIONS:
The Board of County Commissioners on June 24, 2003, approved Ordinance Number 03-29. This
action provided for the rezoning of the subject site from C-3. RSF-3, RSF-4, RSF-5, RMF-6, and PUD
to a new PUD for a botanical garden use.
The Zoning & Land Development Review staff subsequently discovered that the correct official
zoning map number was unintentionally omitted in the transmittal copy of the adopted PUD Ordinance
sent to the State Department of Community Affairs. The Collier County Attorney's office has directed
staff to prepare a scrivener's error amendment as described above.
FISCAL IM:PACI':
It should be noted that this scrivener's error is only to include the official zoning atlas map number in
the title of Ordinance 03-29 that was approved by the BCe. Therefore, this change by and of itself will
have no fiscal impact on the County. The fiscal impact for this development was determined at the
time the property was originally rezoned to PUD. In addition, the County collects impact fees prior to
the issuance of building permits to help offset the impact of each new development on public facilities.
These impact fees are used to fund projects in the Capital Improvement Element needed to maintain
adopted Level of Service (LOS) standards for public facilities. In the event that impact fee collections
are inadequate to maintain adopted levels of service, the County must provide supplemental funds
from other revenue sources in order to build needed facilities.
,-
SE-Q4-AR-5334
1
Agenda Item No. 170
June 22, 2004
Page 1 of 6
i/,
GROWTH MANAGEMENT IMPACT:
This petition was reviewed for consistency and was found to be consistent with all the applicable
provisions of the GMP. Development permitted by t"~? approval of this petition will be subject to a
concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land
Development Code.
STAFF RECOMMENDATION:
That the Board of County Commissioners (BCC) approve the scrivener's error correction to Ordinance
Number 03-29.
-
-
SE-04-AR-5334
2
Agenda Item No. 170
June 22, 2004
Page 2 of 6
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
110
SS-C4-AR-'J::r34, an Ord!r:iln':<l 3mend:ng Gc',;l''",,,':f: 03-29, thf: Naples
Botanical Gardr.r: Planned Unit DaVG!q:r:;8;l~ (PUD.l tc ccrrc.:t c: s.:nvenf:r's
~rror re~ult:rll.] fro.",:, the umntenticna: om:s.:')~(Jn r:;f the offIcial zeroing ~lai' nUf!1baf
0523S in the !:tie (Jf !hl! transmittal copy ,'f ,~"" e"Jr;ptact Ordinance to ll'.e
Det~artm13nt 01 State for trlB prop~rty :(J(.:atBd ;:It ~he intersection (Jf 8ayshofft
D:;vtl and TI:oll1as:;t.ln Dol." if' Section 23. ,'.".'i' 'o,::p 50 South. Raf'ge 25 East.
Collier County. Florida.
6.'22.12004 9:00:1)(1 AM
Prepared By
RliIY 84:1..._
Cl>'tv!',,,nity Chwelopmll"t /I.
E:nvirC:;01ment;\t Sl!r".'k..e,
Chi~{ Planner
511112004 10:Q-3:0$
AM
lonins I\. l>.Ir1d Clp.vp.!epmp.nt I~(.'v".'w
Approved By
n"U.
R~y BvHcws
Cvrr.:m.:ni1.y n1!,,~io:')m-errt &
l:n')~m:-:m~nrnl .')i"r'/ki"S
Chi.,,' Planner
Zon!fi!~ ~ L3:1d D{ov~Jopm(.?'t R~\':2'1,i
::;.i25/1CQ4 11 :ull A.M
Approved By
S"S<l:1 M;.:rr~y. AiCP
CcmmunHy I~v..~;r;pm~nt 6-
E:::w;rvnm<:nt31 Servi=es
Zunins & l...;~d O*'Yp.ic-pm~tlt D;r~~~i.~:'
Date
Z<Jnir:g &. Liino:l Osveicpms:1t R0i":'W
5!2;;!;(~()" 11 :00 AM
Approved By
S~ndl7S l.~~
C:",,:munity llflvelopmp.nt ,"
Enyjr0:1ll1S11UlI S.,ryj<;<>$
::Xf)!;ut;""fF} SJ>i;roi:tar/
Ditt.~
;;Qmmunlty ,).,vp.l"v"''';.t. to
E::'(irt>ntnt1or:~: SI4{~,ic~~ Admin.
:::'2;:'::JO~ 12:54 PM
Approved By
JC$~j:'Ih r.. $;;b;-ntt1:
Cemm:mity D<>h'lvpm(.'n'( <I.
E:1\':ro!'lm~nt3i Services
Co",mL!~;t'( ~"~;fJpment &:
f::'":vimnfTOJ>fit,a: S~rvk~l' )~dmj:1~t;-;:;,t('r
Dnt~;.
CommlJl-=<:Y t:p''J"lopmp.nt &
E:E!y~r{lnment2l: S~r~'k~s A.jrnin.
512~!2CC4 5: 5& ?M
D"tffl
Approved By
Pl'lt l.flhnt;"rd
Cc.;.:.mty Mo,:oS;~;}~ Offk:~
Adminl~tlve jI..'l'li!'ltant
Of'f:!"~ cf Man"gem~nt & S:~:d ~ ,:"
~l??t.2'C04 ~:2': AM
Date
Approved By
Midla,d Sm)'kowsl-:i
('.C:::1ty M3n3ge:-'s Off,c(!
Mcu....aQ~ln~n! & S~d9~t Oiro::-:tu{
Offl,~ of Mam'll~oHmt ~ a'"'~get
~!1212frO<l. 12:21 1"1.1
Oatp.
Approved. By
.Jl'lmP.:';v.M..dd
Beard <>f County
C(}f'(!m!5!iioi!~F5
(:ount:'i Mllnw,}p.f
County Manager's OrR::e
611M2CC4 12.;)1' 1"1.1
Dati>
Approved By
M.3rk Is;;~"'''
C<;,mty U"""Ii"">O: Off:c"
!3iJdg<rt Ar,alyst
Off;.-... of Management c'\. 6ud{.1<rl'
E;~!~C04 3;0:1 J>M
Agenda Item No. 170
June 22, 2004
Page 3 of 6
ORDINANCE NO. 04-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING ORDINANCE NUMBER 91-
102, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, BY PROVIDING FOR A
SCRIVENER'S ERROR AMENDMENT TO CORRECf
ORDINANCE 03-29, THE NAPLES BaI'ANICAL GARDEN
PLANNED UNIT DEVELOPMENT (PUD) AND BY
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No. 03-29,
the Naples Botanical Garden Planned Unit Development (PUD) on June 24, 2003; and
WHEREAS, following said action in adopting Ordinance No. 03-29, a zoning atlas map number
was omitted and such omission constitutes a scrivener's error.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida that:
SEcnON ONE: SCRIVENER'S ERROR AMENDMENT
The title of Ordinance No. 03-29, the Naples Botanical Garden PUD is hereby amended to read
as follows:
AN ORDINANCE AME.'IDING ORDINANCE NUMBER 91-102 TIIE COLLIER
COUNTY LAND DEVELOPMENT CODE WIllCH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR TIIE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL
ZONING MAPS NUMBERED 0523N AND 0523S BY CHANGING TIIE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C-
3", "RSF-5", "RMF-6", "RSF-3", "RSF-4" AND "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS NAPLES BOTANICAL GARDEN PUD LOCATED
AT TIIE INTERSECTION OF BA YSHORE DRNE AND THOMASSON DRIVE, IN
SECfION 23, TOWNSHIP 50 SOUTH, RAt'lGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 171.2 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
SECTION TWO: SCRIVENER'S ERROR AMENDMENT
Section One of Ordinance No. 03-29, the Naples Botanical Garden PUD is hereby
amended to read as follows:
SECI10N ONE:
The zoning classification of the herein described real property located in
Section 23, Township ~O South, Range 25 East, Collier County, Florida, is changed from "C-3",
"RSF-S", "RMF-6". "RSF-3", "RSF-4" and "PUD" TO "PUD" Planned Unit Development in
accordance with the Naples Botanical Garden PUD Document, attached hereto as Exhibit "A"
and incorporated by reference herein. The Official Zoning Atlas Maps numbered 0523N and
0523S, as described in Ordinance Numw 91-102, the Collier Land Development Code, iB are
hereby amended accordingly.
Words stmck through are deleted; words underlined are added.
Page 1 of2 Agenda Item No. 170
June 22, 2004
Page 4 of 6
SEcrION THREE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the
Department of State.
PASSED At'ID DULY ADOPTED by the Board of County
Commissioners of Collier County. Florida., this
day of
.2004.
ATIEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COlTNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, Oerk
Approved as to Form and
Legal Sufficiency:
Marjorie M. Student
Assistant County Attorney
SE-2004-AR.5334IRB/~p
Agenda Item No. 170
June 22, 2004
Page 5 of 6
Words st.'"'UGk throYgll are deleted; words underlined are added.
Page 2 of 2
Agenda Item No. 17D
June 22, 2004
Page 6 of 6
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EXECUTIVE SUMMARY
To approve Cable Television Franchise Agreement with Strategic
Technologies, Inc.
OBJECTIVE: That the Board of County Commissioners, as the "Franchising
Authority," consider the application submitted by Strategic Technologies, Inc. (STI), for
a cable television franchise Agreement (Agreement) and subject to public input, if any,
approve the Agreement. The Franchised Area is unincorporated Collier County.
CONSIDERATIONS: S11, an element of Lennar Homes, has paid the $10,000
application fee. Staff and the County's consultant have reviewed STI's application and
negotiated the attached Franchise Agreement, and, at staff level, conclude that STI is
qualified to operate the applied-for system. 111e Agreement has been approved as to form
and legal sufficiency by the County Attorney.
,-
STI's initial service area is the Heritage Bay development (in the vicinity of CR 951 and
Immokalee Road). STI plans to extend its system beyond Heritage Bay to provide cable
television services to other geographic areas in unincorporated Collier County. Subject
to site-specific prerequisite conditions in the Agreement, STI is contractually obligated to
extend its system into geographic areas outsiue its initial service area.
S11 agrees to provide a 24-strand fiber optic connection between the television studios of
Collier County Government and the School Board to Immokalee. The County and the
School Board will each receive twelve (12) fibers for their exclusive use at a fixed lease
rate of one dollar ($1.00) per year. Provision of the fiber optic connection (anticipated by
STI to exceed one million dollars) is based upon the Board granting a franchise term to
year 2020. STI agrees, at its expense, to construct the Immokalee fiber connection within
five (5) years of the effective date of the Franchise and maintain the connection at no
charge tu the Cuunty or the School Buard.
NOTE: The complete Cable Franchise Application, Exhibits, and Cable Franchise
Agreement exceed 200 pages, and are on file with the Clerk of Courts, Board Records,
for review. The negotiated Cable Franchise Agreement, executed by STI, is provided as
backup for this item.
FISCAL IMPACT: As mandated by Florida Statutes, upon its system becoming
operational, STI shall pay Communications Services Taxes. These taxes are collected by
Florida's Department of Revenue and are distributed to Collier COWlty - as a revenue
source for MS1D Fund 111.
GROWTH MANAGEMENT IMPACf: There will be no Growth Management
Impact resulting from the Board's acceptance and execution of this Franchise Agreement.
--
Agenda Item No. 17E
June 22, 2004
Page 1 of 38
RECOMMENDATION: Subject to input, if any, at a public hearing (if this Agenda
Item is removed from the Summary Agenda), Staff recommends that the Board of County
Commissioners approve the Cable Television Franchise Agreement applied-for by
Strategic Technologies, Inc. and authorize the Chairman to execute the Franchise
Agreement on behalf of the Board.
.-.
Agenda Item No. 17E
June 22,2004
Page 2 of 38
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
17E
Item Summary
Recommendation to approve Cable Television Franchise Agreement with
Strategic Technologies, Inc.
Meeting Date
6/22/2004 9:00:00 AM
Prepared By
Slel! Wallace
COES Operations Director
611/2004 11 :31 :02
AM
Community Development 8-
Environmental Services
CDES Operations
Approved By
Sandra Le.3
EXE:cutl\m Secretary
OatE~
Community Development &
Environrmlrltal SE!rviCE:S
Commun!t'l Development &
Environmental Services Admin.
6/1120041:32 PM
Approved By
Michael Smykowski
M.magement a Budget Director
Date
County Manager's Office
Office of M;magnment & Blldgp.t
6/12/2004 12:46 PM
Approved By
James V. Mudd
County Manager
Date
Bo.lrd of County
Commissioners
County Managel>s Of1icE!
6!1412004 '! :05 PM
Approved By
Joseph K. Schmitt
Community De....elopment &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community De....elopment &
Environmental Services Admin.
6/21200410:30 AM
Approved By
Pat Lehnharo
Administratjvt~ AssisLant
DaLe
County Manager's Office
Office of Management & Budget
6/4il004 8:15 AM
Approved By
Mark Isackson
Budget Analyst
D"t8
CounLy Manager's Office
Office of Managcrnenl & Budget
€!9f2004 9:35 AM
Agenda Item No. 17E
June 22, 2004
Page 3 of 38
.
.. ;7-
'}
STRATE~IC
T E CfI-I N 0 L.J8 G I E S
.~ ;'A~'~'
1-888-STI-cA1\I (784-2288)
.
COLLIER COUNTY, FLORIDA
CABLE COMMUNICATIONS FRANCHISE
..t~~
.
Agenda Item No. 17E
June 22, 2004
Page 4 of 38
.
.
-.
CABLE TELEVISION FRANCmSE AGREEMENT
Strateeic Technolol!ies.. Inc.
This Cable Television Fl'IDcmse Agreement ("Franchise") entered into on this _ day
of . 2004, by and betWeen Collier County ("County"), a political subdivision of the State
of Florida. and Strategic Technologics, Inc. ("Grantee''), a Florida corporation.
WITNESSETH:
WHEREAS, the County desires to assure the widespread availability of Cable Services
(as defined below) within the. County to promote commerce and otherwise further the public
interest; and
WHEREAS, on April 14, 2004, Grantee tiled its Application with the County for a
Cable Communications Franchise~ and
WHEREAS, the County is the owner of certain Public Ways (as defined below) which
Grantee seeks pennission to use for the pmpose 01 ,,;onstructing, operating, and maintaining its
Cable System (as defined below); and
WHEREAS, the County, following reasonable notice, consideration. analysis and
deliberation of the Application, and after a full pubhc proceeding, during which proceeding the
technical ability, financial condition, legal qualifications and general character of Grantee were
determined, has found it acceptable to receive rhis Franchise subject to Grantee's parent
company, Lennar Corporation, providing its financial guarantee; and
WHEREAS, the County has also considered and analyzed the plans of Grantee for the
construction and operation of its Cable System and its public commitments, as described in the
Application, and has found the same to be adequate and feasible in view of the needs and
requirements of the County and the initial geographic area to be served by the Cable System; and
WHEREAS, the County has determined that it is in the best interest and consistent with
the public needs and interests of the County and residents to grant this Franchise to Grantee to
operate a Cable System within the CO\mty on the terms and conditions hereinafter set forth; and
WHEREAS, Grantee desires to construct and operate a Cable System along portions of
the Co1Dlty's Public Ways; and,
WHEREAS, pursuant to the procedures in the FCC Laws (as defined below),
Section 166.046 of the Florida Statutes. and Chapter 30 S 28(0(1) of the Collier County Code,
the County has held a public bearing where the following issues related to granting a cable
television franchise to Grantee were considered: (i) the economic impact upon private property
within the C01.Dlty; (il) the public need for such Franchise~ (Hi) the capacity of Public Ways to
accommodate the Cable System; (iv) the present and future use of the Public Ways to be used by
the Cable System; (v) the potential disruption to existing users of the Public Ways to be used by
the Cable System and the resultant inconvenience to the public which may <>Calr; (vi) the
Agenda Item No. 17.E
June 22, 2004
Page 5 of 38
c.w. T.IcviliClft Fnnc:hiae Apeement-SlrIlelic TecJIIloloJis
DAUAS 1-401621v4
.
.
.
financial ability of the francbise applicant to perform; (vii) the experience of the applicant in the
erection, operation and maintenance of a Cable System; (viii) technical quality and completeness
of the proposed plan for operation of the Cable System; (ix) the legal, character, financial,
technical and othe!' qualifications necessary to construct, own and operate a Cable System; and
(x) other societal interests as are generally considered in cable television franchising.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
the County and Grantee agree as follows:
SeetioD 1.
FlndlDp
The aforestatcd recitals are incolpOrated in their entirety herein.
Section 1.
DefillidoDS
For the purposes of this Franchise. the following terms, phrases, words, and abbreviations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural include the singular, and words in a
particular gender shall include the other gender. The words "shall" and "must" are always
mandatory and not merely directory.
2.1 "Access" shall mean the availability of Channel capacity on the Cable System for
non-commercial use by the local public schools and the County to create and distribute
programming not under Grantee's editorial control, including:
2.1.1 "Educational Access" shall mean access where local public schools are the
designated programmers or users having editorial control over their
Non-Commercial Programming, which programming shall concern these schools'
educational functions;
2.1.2 "Governmental Access" shall mean access where County governmental agencies
arc the designated programmers or users having editorial control over their non-
commercial progranuning, which programming, shall concern local governmental
functions; and
2.1.3 '"EG Access" shall mean educational access and governmental access,
collectively.
2.2 "Act'" shall mean the Federal Communications Act of 1934 (including the Federal Cable
Act). as amended from time to time.
2.3 "Affiliate" shall mean any individual, partnership, association, joint stock company,
limited liability company, trust. corporation, or other Person or entity who owns or
controls, or is owned or controlled by. or is under common ownership or control with, the
entity in question.
c.b1l TeIcMoa PnncbiIc Apement.sn. T~molos*
DAU..AS loW 1621 v4
Agenda Item No. 17E
June 22, 20a4
Page 6 of 38
.
.
.
2.4
"Applicable Law" means all applicable FCC Laws, County laws, and State statutes, rules
and regulations, any amendments thereto, and any of the applicable Federal anlor State
laws that are now existing or hereafter adopted or amended.
2.5 t6 Application" means the Grantee's Application for a Cable Communications Franchise
dated April 14, 2004. attached as Exhibit A, and incorporated herein and made part
hereof by reference except such parts thereof as may bc in contlict with thc written part
of this Franchise and its Exhibits B through F. The proposed Franchise Agreement
included in the Application is not part of this Franchise and is only for illustrative
purposes. .
2.6 "Basic Cable Service" or "Basic Service" shall mean any Service Tier which includes the
retranSmission of local television broadcast signals and EG Access Channels. This
definition shall be deemed to change consistent with any changes in the definition of this
term adopted by the FCC.
2.7 "Cable Operator" shall mean lmY Person or group of Persons:
2.7.1 Which provides Cable Service over a Cable System and directly or through one
(1) or more Affiliates owns a significant interest in such Cable System, or
2.7.2 Which otherwise controls or is responsible for, through any arrangement, the
management and operation of such a Cable System under a Franchise granted by
the County.
2.8
"Cable Servicc" shall mean:
2.8.1 One-way transmission to Subscribers of (i) video programming or (ii) other
programming services, such as digital audio, by which is meant infonnation
which a Cable Operator makes available generally to all Subscribers of its Cable
Services, such as digital cablc radio service.
2.8.2 Subscn'ber interaction. if any, including. but not limited tOt that which is used for
the selection or use of (i) video programming or other programming services; (ii)
various on-screen options; (iii) Enhanced Cable Services; (iv) game channels; and
(v) interactive services, such as the ordering of merchandise and the downloading
of programs or data access.
2.8.3 Enhanced Cable Services.
2.8.3 I-Net Services.
2.9 "Cable System" shall mean a facility consisting of a sct of closed transmission paths and
associated signal generation, reception. and control equipment that is designed to provide
Cable Services to multiple Subscribers within the County, but shall not include (i) a
facility that serves only to re-transmit the television signals of one or more television
Cable Tclcvisillll Franchise Ap'eement-StfttcFc Tcc;hnolop:..
DALU.S 1401621v4
Agenda Item No. 17E
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Page 7 of 38
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broadcast stations; (ii) a facility that serves Subscribers without using any Public Way;
(ill) a facility of a common carrier which is subject, in wholc or in part, to the provisions
of Title II of the Act, except that, other than for purposes of Section 621(c) of the Act,
such a facility sball be considered a Cable System to the extent that such facility is used
in the transmission of video programming directly to Subscribers, unless the extent of
. such use is solely to provide Interactive On-Demand Services; (iv) an open video system
that complies with Section 653 of the Act, as then amended; and (v) any facilities of any
electric utility used solely for operating its electric utility systems.
2.10
. "Channel" means a portion of the electromagnetic frequency spectrum that is capable of
delivering both the audio and video portions of a television signal. At the time of
enactment of this Franchise, such capability generally requires six (6) WIz capacity, but
this is subject to changes in technology.
2.11
"Collier County Cable Television Franchise Ordinance" or "Cable Ordinance" shall mean
Chapter 30, Title n, of the Collier County Code.
2.12
"Confidential Information" shall mean all confidential and proprietary books, papers,
accounts, documents, maps, plans and other records of Grantee furnished to the County
pursuant to Section 30-28 of the Collier County Cable Television Franchise Ordinance
and pursuant to the terms of this Franchise.
2.13 "County" shall mean the grantor of this Franchise and shall also mean Collier COWlty,
Florida, or the geographic areas within the present County geographic boundaries or as
such boundaries may hereafter be changed.
2.14 "County Commission" shall mean the Board of County Commissioners of Collier
County, Florida.
2.15 "County Connection" shall have the meaning set forth in Section 11.2 herein.
2.16 "County Laws" shall mean all applicable ordinances, laws, roles, and regulations of
Collier C01.mty, Florida, adopted in the exercise of its authority that are in effect at
present or are adopted in the future by the County including, but not limited to, the
Collier County Cable Television Franchi~e Ordinance.
2.17 . "Customer Service Standards" shall mean those standards adopted by the FCC and by the
County in Section 30-55 of the Collier County Cable Tclevision Franchise Ordinance (to
the extent not inconsistent with those of the FCC) that govern the manner in which a
Cable Operator interacts with the public and its Subscribers.
2.18 "Effective Date" shall have the meaning set forth in Section 40 herein.
2.19 "Enhanced Cable Service" shall mean (i) infonnation services; (ii) Internet protocol (IP)
telephony; (iii) high speed data service; and (iv) Internet access and Internet service, such
as that of an Internet service provider.
Cable Tekvision FI2IIdIice Asreanent-Slntesic Technolopes
DALU.S 1401621v4
Agenda Item No. 17[::
June 22, 2004
Page 8 of 38
.. 2.20 "Facilities" shall mean all duct spaces, manholes, poles, conduits, underground and
overhead passageways, and other equipment, structures and appurtenances, and all
associated transmission media in the Public Way used by a Cable Operator in the
provision of its Cable Services.
2.21 t4f'CC" shall mean the Federal Communications Commission or any successor agency.
2.22 "FCC Decisions" shall mean decisions by the FCC or the courts interpreting the FCC
Laws.
2.23 "FCC Laws" shall mean the Act, the FCC Decisions and the FCC Rules, collectively.
2.24 "FCC Rules" shall mean the rules and regulations promulgated by the FCC pursuant to
the Act.
2.25 "Franchise" shall mean this Franchise Agreement and the authorization which has been
granted which authorizes the construction or operation of a Cable System but neither
supersedes nor takes the place of any license, license fee or pennit authorization which
might otherwise be required for the privilege of transacting business within the County.
2.26 "Franchise Area" shall mean the unincorporated areas of Collier County.
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2.27 "Grantee" shal1 mean Strategic Technologies, Inc.
2.28 "Immokalee Connection" shall mean a fiber optic connection with twenty-four (24)
dedicated fibers from the Gnmtee headend to the designated County Public Building in
Immokalee, F1orid~ as more specifically described in Section 11 and in Exhibit B
attached hereto and incorporated herein by reference.
2.29 "Industry Standards" shall mean the National Electrical Code, the National Electrical
Safety Code, the Collier County Code, Occupational Safety and Health Administration
requirements, FCC standards, and all other applicable safety and construction codes.
2.30 "Initial Service Area" shall mean the initial area within the Franchise Area described in
the Application, Exhibit ~ and illustrated by the map in Exhibit C attached hereto and
incorporated herein by reference, where, subject to Section 30-30 of the Cable Ordinance,
Grantee is initially required to provide its Cable Service under this Franchise.
2.31 "I-Net" shall mean a twenty-four (24) fiber optic communications network descnoed in
Section 11 and in Exhibit B (including, but not limited to, the bnmokalee Connection, the
County Connection, the School Connection, and the Emergency Connections (as defined
in Section 11.4)).
2.32 III-Net Facilities" shall mean Facilities used to provide I-Net Services.
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Cable Telnision FrandIise Acreement.Slnteaic Teehnoloiies
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Agenda Item No. 17~
June 22, 206'4
Page 9 of 38
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2.33 "I-Net Services" shall mean all services provided on the I-Net and all services that
Grantee is required to provide for the I-Net, including, but not limited to, the Immokalee
Connection, the County Connection, the School Connection, and the Emergency
Connections.
2.34 "I-Net User" shall mean the County and any public school or unit of State or local
government designated by the County to receive I-Net Services under this Franchise.
2.35 ''Inteiactive on Demand Services" shall mean a service providing video programming to
Subscribers on an on-dcmand basis.
2.36 "Non-Conunercial Programming" shall mean programming which is produced for
non-profit educational and governmental purposes and not in connection with a business
enterprise. Such programming shall not include advertising, promotions or product
endorsements.
2.37 "Normal Operating Conditions" shall have the meaning set forth in Section 3 0-5.5 (a) of
the Collier COunty Cable Television Franchise Ordinance.
2.38 "Person" shall mean an individual, proprietorship, partnership, association, limited
liability company, joint stock company, trust, corporation, or governmental entity.
2.39 "Public Buildings" shall mean public K-12 schools, County government owned or leased
buildings or parts of buildings which are located in the County and which are occupied
by County employees for the primary purpose of conducting County business.
2.40 ''Public Way" shall include the surface. the air space above the surface, and the area
below the smface or any public street, avenue, highway, lane, path, alley, sidewalk,
boulevard, drive, bridge, 'tunnel, park, parkway, square, viaduct, waterway, greenway,
utility easement, and other public property now or hereafter held by the County or the
State which shall entitle the County and Grantee to the use thereof for the purpose of
installing and maintaining Grantee's Cable System. No reference herein, or in any
franchise, to the "public way" shall be deemed to be a representation or guarantee by the
County that its title to any property is sufficient to permit its use for such purpose, and
Grantee shall, by its use of such tenus, be deemed to acquire only such rights to use
property in the County as the County may have the undisputed right and power to give or
as granted by Federal or State Law.
2.41 "Reasonable Notification" shall mean fourteen (14) business days for all non-financial
related matters and thirty (30) business days for financial matters, unless specifically
otherwise provided in the Franchise.
2.42 "Residential Dwelling Unit" shall mean each home, house, building or other structure
that normally accommodates the living quarters of one (1) family or group of individuals,
and each apartment, condominium, or cooperative writ that normally accommodates the
Cabl, Telnisian Franchix Agreernent-Stratetic TechnolotPes
D.ALI..AS 1401621v4
Agenda Item No. 17~
June 22, 20~
Page 10 of 38
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living quarters of one (1) family or group of individuals in any multiple-unit building or
complex of multiple-unit buildings.
2.43
"School Connection" shall have the meaning set forth in Section 11.3 herein.
2.44
"Service Tier" sha1lmean a category of Cable Service provided by a Cable Operator for
wbK;h a separate ratc is charged.
2.45
"Statc" shall mean the State of Florida.
2.46
"Subscriber" shall mean any Person or other entity lawfully receiving Cable Services of
Grantee pursuant to this Franchise.
2.47
''Term'' shall have the meaning set forth in Section 4.3 herein and extensions and/or
renewals thereof.
Secdon 3.
Franchise Territory
The non.exclusive cable television franchise granted under this Franchise shall include the
geographic area described as the Franchise Area and the specific Public Ways necessary to serve
such areas. Grantee shall initially coDStIuct its Cable System and provide its services to. the
Initial Service Area described in its plan included with this Application, Exhibit A, and
illustrated in Exhibit C attached hereto. However, Grantee shall extend its Cable System and
Cable Services to contiguous areas as provided for in Section 30-42( e) of the Cable Ordinance
and in Section 4 of this Franchise (the Initial Service Area and any extensions thereto
collectively shall be referred to herein as the "Service Area').
SeedoD 4,
Nature and Terms ofGnnt
4.1 Subject to compliance with this Franchise, the Cable Ordinance, and other Applicable
Laws, the County does hereby grant unto Grantee the non-exclusive right, privilege and
franchise to erect, maintain and operate a Cable System in Public Ways within the
Franchise Area as it now exists or may come into existence in the future, and any
property which may from time to time be added thereto. Grantee shall initially constIUct
its Cable System and provide its Cable Services in the Initial Service Area and extend its
Cable System and Cable Services to contiguous areas in compliance with the Cable
Ordinance.
Nothing in the Franchise shall limit the right of Grantee to transmit any kind of signal or
frequeccy or provid., any type of service now in existence or which may come into
existence and which is capable efboing lawfully transmitted and distributed by Grantee's
. Facilities. The provision by Grantee of any service other than Cable Service shall be
subject to all then Applicable Laws and to the then cmrent Cable Ordinance.
4.2 Notwithstanding the requirements of the Cable Ordinance, Section 30-28(g), the
Franchise herein granted shall run for a tenn of ten (10) years and an additional six (6)
Clble TeliMsion Fl"UId:rise Agrccmcnt-SlD.tl:pC Technololla
DALlAS 1401611v<4
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Page 11 of 38
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years (the "'Term"). The additional six (6) years is conditioned upon Grantee
constructing and completing the lmmokalee Connection in conformance with Section 11
and Exhibit B of this Franchise and to the satisfaction of the COWlty within five (5) years
after the Effective Date. Therefore, the Term will commence upon the Effective Date
and terminate June J 1, 2020, except as conditional in this Section 4.2 and unless
renewed, revoked, or otherwise terminated sooner. In the event this Franchise is not
extended or renewed beyond its then current Term, it shall operate month-to-month.
4.3
Public Ways use conditions.
4.3.1 All Facilities shall be constructed, installed and located in the Public Ways in
accordance with the following terms and conditions.
4.3.2 Grantee shall initiate and complete construction of the Cable System in the Initial
Service Area in accordance with the Initial Performance Guarantee in
Section 30-30(a)-(c) of the Cable Ordinance.
4.3.3 Grantee shall mark its aerial Facilities in the Public Ways with a marlcer on its
lines or alternate poles which shall state Grantee's name and provide a toll-free
telephone number that an individual may call for assistance. Grantee shall have
the following options with respect to marking its underground Facilities in the
Public Ways: (i) a factory-installed tracer wire within the cable; (ii) a self-
insta1led tracer wire within the cable; or (Hi) a conducting wire placed in the
ground at least several inches above Grantee's cable if such cable is non-
conductive (such wire shall be marked, as practicable, with the Grantee's name
and toll-free number).
4.3.4 The County reserves the right, upon reasonable notice, to require Grantee, at its
expense, to protect, support, temporarily disconnect, relocate or remove from the
County's Public Way any of Grantee's Facilities by reason of traffic conditions,
public safety, street construction, real or planned excavation, change or
establishment of street grade, or installation or planned installation of scw~,
drains, water pipes, or other types of structure of improvements by governmental
agencies. Reasonable notice for this provision means at least ninety (90) calendar
days, except in the case of emergencies where no specific notice period shall be
required. The County shall endeavor to notify and seek comment from Grantee
with respect to minimizing disruption to the Cable System where public works
projects may affect Grantee's Cable System.
4.3.5 With respect to aerial installation, Grmtee shall install its Facilities on pole
attachments to existing utility poles if surplus pole space is then available to
Grantee on reasonable tenns and conditions, including a reasonable fee.
4.3.6 With respect to underground installations, Grantee shalL install its Facuities within
an existing underground duct or conduit whenever available excess capacity then
Cable Television Franchi&e Asrccment-SlBqic Tcchnololics
DALLAS 140162Jv4
Agenda Item No. 17E 8
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Page 12 of 38
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exists within such conduit on reasonable tenus and conditions, including a
reasonable fee. .
4.3.7 Whenever all existing Facilities in a particular area are located undergroWld
within. a Public Way, Grantee must locate its Facilities within that area
underground at no cost to the County.
4.3.8 Grantee, at no cost to the County or the State, shall relocate its Facilities and
appliances, which are in conflict with COWlty projects to upgrade or construct a
Public Way, to the same extent all other occupants of the Public Way are required
to do so.
4.3.9 Grantee shall locate, place and construct its Facilities so as not to unreasonably
interfere with the construction, location and maintenance of sewer and/or water
mains, lines, connections and similar facilities. Grantee shall take appropriate
preventative measures to protect existing facilities within the Public Way.
4.3.10 Grantee shall restore and replace landscaped areas, pavement, pedestrian lighting,
sidewalks. curbs, gutters or other facilities damaged by Grantee andlor its
contractors with like material to their fonner condition at Grantee's expense, and
shall thereafter, from time to time, but no longer than one (1) year from :the
completion of the job, readjust, fill and finish the same as may be necessary due
to settling of the earth associated with Grantee's disruption oftbe Public Ways.
4.3.11 Grantee shall adhere to all Applicable Laws regarding the location. COns1ruction,
and maintenance of its Facilities within the Public Ways.
4.3.12 Subject to all Applicable Laws and Reasonable Notification to the County,
Grantee may trim trees or other natural growth overhanging any portion of its
Cable System in the Franchise Area so as to prevent branches from coming in
contact with Grantee's Facilities. Grantee shall reasonably compensate the
County or property owner for any damage caused by such trimming or shall. in its
sole discretion and at its own cost and expense, reasonably replace all trees or
shrubs damaged as a result of any construction of Grantee's Cable System
undertaken by Grantee or on Granteets behalf. Such replacement shall satisfy any
and all obligations Grantee may have to the County or property owner pursuant to
the terms of this Section 4.3.12.
4.4 Grantee is required to obtain construction permits for Facilities install~ in Public Ways.
4.5 Grantee shall provide its Cable Services without unlawful discrimination as to the terms,
conditions, rates or charges for Grantee's services; provided, however, that nothing in
this Section 4.5 shall prohibit Grantee from making reasonable classification among
differently situated customer groups.
Cable Television Pran~iIc Apcment-Stratcsic Tcchnolosies
DAU..AS 1401611v4
Agenda Item No. 17.E
June 22, 20M4
Page 13 of 38
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4.6 For the purposes of, and to the extent required to accomplish, transportation of EG
Access Channels, Grantee and each other Cable Operator shall be required to
intercOJUlect its Cable System with other Cable Systems in accordance with
Section 30-44 of the Cable Ordinance.
4.7 Any potential users of trenches or conduitS constructed by and/or owned by Grantee
under this Franchise, as a condition to the occupancy of those trenches or conduits, shall
be required to enter into a written agreement with Grantee. Grantee may endeavor to
require any such user, under the terms of the written agreement. to bear its pro rata share
of the costs of construction and maintenance of such trenches or conduits (including
reimbursement for previously incurred costs of construction and/or maintenance),
including, but not limited to, costs for design, redesign, permits, approvals, and providing
wider, deeper trenches or other modifications to accommodate such users, and these users
shall be responsible for all aspects of their construction and operation in the trenches and
conduits. The County, or any other potential co-located users of Grantee's trenches or
conduits, shall give written notice to Grantee of any intended co-location in Grantee's
trenches or conduits no later than one hundred fifty (1 SO) calendar days prior to
commencing such co--Iocation. This notice by potential co-Iocated users shall include
such user's system design. Notwithstanding any other obligations set forth in this
Section 4.7, Grantee shall not be required to share its bandwidth or dark fiber with any
other Person. If the potential co--Iocated user (including the COlmty) and Grantee are not
reasonably able to negotiate a written agreement that satisfies the requirements set forth
in this Section 4.7 within thirty (30) calendar days after Grantee's receipt of such notice.
Grantee shall not be obligated to allow such potential user to occupy its trenches or
conduits.
4.8 Grantee may. in its sole discretion, unless otherwise required by the County punuant to
this Franchise or the Cable Ordinance: (i) intercOlmect with other Cable System(s); or
(ii) lease fiber optic, coaxial and multi-pair cable and other cable communication
facilities or program services from other Cable Operators or from other franchised
providers of services in the County or in adjacent areas, including communities that are
separate jurisdictions and located within ~e County boundaries or adjacent to the County
boundaries, to support the operation of its Cable System including, but not limited to, its
compliance with all obligations hereunder for providing EO Access and I-Net Services
("Third Party Facilities"), To the extent pennitted by then Applicable Law, the County
shall require any Person subject to County Requirements to make its Third Party
Facilities available to Grantee on reasonable terms and conditions for the pmpose of
complying with its obligations hereunder.
Cable Television Franehiae A&zeement-Stntc&!c: Tochnologlcs
DA~S 1401621v4
Agenda Item No. 17E 10
June 22, 2004
Page 14 of 38
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Section 5.
Customer Service Standards
5.1 The County has determined that it is in the best interest of its residents and consistent
with the public convenience and necessity to adopt Customer Service Standards for the
provision of Cable Services by Grantee. Grantee shall operate its Cablc System in a
mann.er consistent with the County's Consumer Protection Provisions, Cable Ordinance,
Section 30-55, to thc extent that such provisions are not inconsistent with FCC Laws.
5.2 Grantee shall locate its headend and customer service center within its Initial Service
Area and at such other convenient locations in the Service Area as may be reasonably
required in the event Grantee expands its Cable System to additional areas during the
Tenn. Grantee shall have at least ninety (90) calendar days to construct such facilities
after reccipt of any written County request for such constnlction. The customer service
center shall provide services and otherwise operate in compliance with the Cable
Ordinance, including Section 30-45. A description of each such facility, personnel, hours
of opc:cation and services in the Initial Service Area are included in Exhibit E, attached
hereto and incorporated herein by reference.
Section 6.
Compensation, Auditing and Other Payments
6.1 Grantee shall make payments and comply in full with the Communications Services Tax
Simplification Law for the State of Florida, Title XIV, Chapter 202, as then amended or
superceded.
6.2 Grantee acknowledges that, during the Tenn, technology and services may change.
Grantee further acknowledges that, to the extent Grantee provides services for which the
County may be legally authorized by Applicable Law to charge compensation or a fee for
Public Way use, the County may initiate such a charge upon reasonable notice to
Grantee.
6.3 Upon written Reasonable Notification, all Grantee's books and records concerning its
calculation of payments to the State of Florida and the County shall be available for
inspection by an appropriate officer of the State and/or County, or their designees, at
reasonable times to determine the amount due under this Franchise. Such records shall
be kept so as to accurately show the same. Upon written Reasonable Notification,
Grantee shall prepare and make available to the State and/or County, in the form agreed
to by the State or County and Grantee, such reports with respect to its Cable System and
revenue derived therefrom, as the State or County may deem reasonably necessary or
appropriate to determine the amount due the State or County.
6.4 Consistent with FCC Laws, Grantee shall filc, no less frequently than annually, a
schedule of its rates and any amendments or modifications affecting the sale of its
services and subscriber terminal equipment. Grantee further shall provide prior written
notification to the County within thirty (30) calendar days of any proposed changes,
Upon the County's written request, Grantee, within thirty (30) calendar days after the
receipt thereof, shall also provide to the County copies of all filings, reports and petitions
Agenda Item No. 17E 11
June 22, 2004
Page 15 of 38
Cable Telcvi8lon Fr1I\(;bise Agrec:menl-Sntegic Tec:hno\oaies
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to Local, State, or Federal regulatory agencies concerning Grantee's provision of Cable
Service in the County. The County will regulate the rates of Grantee in accordance with
all Applicable Laws.
Section 7.
Fraachlse - Not Exclusive
This Franchise shall be non-exclusive. The County reserves the right to grant franchises to other
persons at any time or construct, operate and repair a Cable System itself or to contract with any
other Person for the use of the Public Ways for the operation of other Cable Systems.
In the event any of the material terms and conditions of any franchise or other right to use the
Public Ways in all or any part of the Franchise Area granted by the County to any other Person is
more favorable (by inclusion, exclusion or altering of such material provision(s)) to such other
Person than the corresponding terms and conditions of this Franchise, then this Franchise shall
be amended, upon approval by the County Commission (such approval not to be unreasonably
withheld or delayed), to include such more favorable terms and conditions.
Section 8.
No-Waiver
8.1
The failure of the County or Grantee upon one, more or many occasions to exercise a
right or to require compliance or perfonnance under this Franchise or any other
Applicable Law shall not be deemed to constitute a waiver of such right or a waiver of
compliance or performance, unless such right has been specifically waived in writing.
8.2
Waiver of breach of this Franchise or any provision of the Cable Ordinance shall not be a
waiver of any other breach. Neither the grant of this Franchise nor any provision herein
shall constitute a waiver or bar to the exercise of any governmental right or power of the
County.
Section 9.
Regulation
9.1 The County Commission shall, in the exercise of its generally applicable police power
and authority, reasonably regulate the exercise of the privileges permitted by this
Franchise in the public interest, provided such regulations are not inconsistent with terms.
of this Franchise. Any failure by the County to promptly enforce compliance with this
Franchise in accordance with Applicable Laws shall not relieve Grantee of its obligation
to comply with any provision of this Franchise.
9.2 Grantee's rights, without limitation upon the County's regulatory authority, pursuant to
the Act or any other Applicable Laws, shall not be abrogated or otherwise limited.
9.3 Following written Reasonable Notification, the County reserves the right to inspect the
installation and maintenance of the Cable System.
Cable Tc\cYisioo Franchise Agrccmmt-5tnlC&ic TccbnoloJics
DA!LI.S 1-4{) 162 \v4
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Page 16 of38
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9.4
Grantee shall comply with all Applicable Laws applicable to its Cable System, such as
the traffic safetyllane closure roles and construction requirements promulgated by the
County.
Section 10. Cable System Design and Construction
Grantee shall construct its Cable System consistent with the design and capacity generally
outlined in the Application.
10.1
Grantee sball constIUct its Cable System, including installation of all aerial and
underground cables and wires, in compliance with then Applicable Laws and Industry
Standards. The installation of all Grantee's Facilities in any structme shall not interfere
with the operation of any signal distribution system in said structure, including any
conduit used in connection with such other system. For the purpose of routine
maintenance, repair, connection, installation, or disconnection, all Grantee's Facilities in
any structure shall be accessible from the "tap side" in a public hallway, root, basement,
stairwell, outside wall or other public area therein. Grantee shall not install or operate its
Facilities in a manner that will interfere with the signals of any broadcast station. the
electrical or telephone system in any building, any other Cable SyStem, or individual or
master antennas used for receiving television or other broadcast signals.
10.1.1 Grantee must comply with, and shall ensure that its subcontractors comply with.
the County Laws. Upon written Reasonable Notification from the County, or
upon determination by Grantee, that installation, constmction or operation of
Grantee's Cable System does not comply in all material respects with any County
Law, Grantee must, atits sole cost, take steps necessary to bring such installation.
construction or operation of its Cable System into compliance with such County
Law.
10.2
Grantee's Cable System shall satisfy all applicable FCC Rules. Grantee shall perfonn all
technical tests required to demonstrate compliance with applicable FCC Rules. All such
technical tests shall be conducted in accordance with applicable FCC Rules.
Grantee shall provide construction maps with respect to any specific Construction project
for its Cable System (each a "ConstIUction Project'1 to the County DO le.ss than ten (10)
calendar days prior to the commencement date of any constIUction thereof. Grantee shall
provide "as built" maps with respect to its Cable System to the County no more than
thirty (30) calendar days following the conclusion of construction for each one-square
mile area (i.e., "grid"). Such maps should designate the location of Grantee's Facilities in
a mutually acceptable form.
10.3
Section 11. I-Net
11.1 In consideration of the County waiving the franchise tenn limit as provided for in
Section 30-28 (g) of the Cable Ordinance and for other good and valuable consideration,
including as a condition for the granting of this Franchise, Grantee agrees to construct,
Agenda Item No. 17E
June 22, 21lJ4
Page 17 of 38
Cable Television FrancbilC J.areemenl-Strattgic Teclmologla
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operate and maintain the Immokalee Connection. Grantee shall be responsible for the
construction of the Immokalee Connection, including all costs essential for its
construction, operation, and maintenance. The County shall be responsible for the
provision of programming through the Immokalee Connection and the equipment
necessary for those purposes. Grantee shall be responsible for all equipment located at its
headend essential for the reception and playback over its Cable System of any
programming or communications as may be delivered by the County through the
lmmokalee Connection.
11.1.1 Grantee shall regularly monitor, test, and maintain the Immokalee Connection to
ensure its continued operation for the reception and playback of programming and
other services to Grantee's Subscribers. Grantee shall not charge the County for
the Immokalee Connection, for the ~peration or maintenance thereof, or for any
equipment or personnel relating to its operation and maintenance. Further,
Grantee shall not treat any such costs or expenses as a credit, charge, or deduction
from any payments or obligations due to the State of Florida or to the County, and
Grantee shall not treat any such costs or expenses as a pass-through to its.
Subscribers.
11.1.2 Grantee will complete construction of the Immokalee Connection within five (5)
years after the Effective Date. Grantee shall be responsible for the continued
operation and maintenance of the Immokalee Connection throughout the Term.
11.2 Grantee shall be responsible for the construction, operation and maintenance essential for
the provision of a twelve (12) fiber optic connection from Grantee's headend to the
County's EG Access Programming Center on Airport Road and Highway 41 in the City
of Naples, Florida, as more specifically described in Exhibit B (the "County
Connection"). Grantee shall be responsible for the construction of the County
Connection, including all costs essential for its construction, operation, and maintenance.
The County shall be responsible for the provision of programming through the County
Connection and the equipment necessary for those purposes. Grantee shall be
responsible for all equipment located at its headend essential for the reception and
playback over its Cable System of any programming or communications as may be
delivered by the County through. the County Connection.
11.2.1 Grantee shall regularly monitor, test, and maintain the County Connection to
ensure its continued operation for the reception and playback of programming and
other services to Grantee's Subscribers. Grantee shall not charge the County for
the County Connection, for the operation or maintenance thereof, or for any
equipment or personnel relating to its operation and maintenance. Further.
Grantee shall not treat any such costs or expenses as a credit, charge, or deduction
from any payments or obligations due to the State of Florida or to the County, and
Grantee shall not treat any such coste or expenses as a pass-through to its
Subscribers.
Cable Telcvi3ion Franchise Agreement-Strategic Technologies
DALLAS 140162lv4
Agenda Item No. j IE
June 22, 2et)4
Page 18 of 38
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11.2.2 Grantee will complete construction of the County Connection within five (5)
years after the Effective Date. Grantee shall be responsible for the continued
operation and maintenance of the County Connection throughout the Term.
11.3
Grantee shall be responsible for the construction, operation and maintenance essential for
the provision of a twelve (12) fiber optic connection for the County's School
Administration (the "School Administration") from Grantee's headend to the County's
School Administration Building located at 5775 Osceola Trail in the City of Naples,
Florida, as more specifically described in Exhibit B (the "School Connection"). Grantee
shall be responsible for tbe construction of the School Connection, including all costs
essential for its construction, operation, and maintenance. The School Administration
shall be responsible for the provision of programming through the School Connection and
the equipment necessary for those purposes. Grantee shall be responsible for all
equipment located at its headend essential for the reception and playback of any
prograinming or communications as may be delivered by the School Administration
through the School Connection.
11.3.1 Grantee shall regularly monitor, test, and maintain the School Connection to
ensure its continued operation for the reception and playback of programming and
other services to Grantee's Subscribers. Grantee shall not charge the School
Administration for the School Connection, for the operation or maintenance
thereof, or for any equipment or personnel relating to its operation and
maintenance. Further, Grantee shall not treat any such costs or expenses as a
credit, charge, or deduction from any payments or obligations due to the State of
Florida, the School Administration or the County, and Grantee shall not treat any
such costs or expenses as a pass-through to its Subscribers.
11.3.2 Grantee will complete construction of the School Connection within five (5) years
after the Effective Date. Grantee shall be responsible for the continued operation
and maintenance of the School CoIUlection throughout the Term.
11.4 Throughout the Tenn, upon ninety (90) calendar days written notification from the
County, Grantee shall provide connections and high speed modem services for
emergency services (''Emergency Connections") to Public Buildings located within five
h.undred (500) feet from any active Cable System and located within the Service Area.
All such Emergency Connections shaU be provided without charge to the County,
including charges for constmction, operation, or maintenance, and Grantee will fully
cooperate and assist the County in the construction, operation, and maintenance
requirements and the service needs related to the Emergency Conne~.tion. Grantee shall
not treat any such cost or expense that it may incur by reason of this requirement as a
credit or deduction against any payments to the State of Florida or to the County, and
further shall not treat any such costs as a pass-through to its Subscribers.
11.5 Grantee hereby agrees to lease all fiber used for the I-Net to the County, for its exclusive
use, for ONE DOLLAR ($1.00) per year throughout the Term (including all renewals
thereof). Grantee shall provide all maintenance for such fiber throughout the Term
Agenda Item No. 17E
June 22, 2rnM
Page 19 of 38
Cable TclerisiOJl Franchise Agreement-Sin. Tcc:Jmolo&ies
DAU.AS 1401621v4
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11.6
11.7
11.8
(including all renewals thereof). The County covenants and agrees that it shall use the 1-
Net in a manner that does not interfere with Grantee's operations, and that it will repair
any problems causing interference to Grantee's operations promptly and at its own cost
Grantee and the County agree that the ImmokaIee Connection, County Connection,
School Connection, and Emergency Connections will require further technical
descriptions and routing requirements, and that Exhibit B is subject to modification and
change as agreed to in writing by the County and Grantee.
The parties acknowledge that the usage of the I-Net hereunder is subject to all Applicable
Laws. The County agrees to indemnify and hold hannless Grantee from and against any
and all claims, damages, liabilities, costs and expenses, including reasonable attorney's
fees and costs, directly related to the County's operation of the I-Net and directly related
to the material under the County's exclusive control earned on the I-Net, including, but
not limited to, copyright infringement, libel, slander, defamation, patent trademark or
invasion ofprivaey claims.
All rights, title and interest in and to all the I-Net Facilities and all other equipment and
materials provided by Grantee hereunder shall at all times remain exclusively with
Grantee, and all rights, title and interest in and to all associated facilities and equipment
provided by the County shall remain excll:lSively with the County.
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11.9 The I-Net shall be for the exclusive use of the I-Net Users as set forth herein, and no
portion thereof shall be used by any other Person at any time, whether for payment or not
The I-Net shall be used only for non-commercial educational and governmental purposes.
11.10 The I-Net shall not be used to transmit or receive any communication (in whatever form,
whether video, audio, data, voice or otherwise) destined to or originating from any other
network, including, without limitation, the facilities of any local or long-distance
telephone company unless agreed to in writing by Grantee and the County. Grantee's
prior consent, however, is not required if such communication is only for non-
commercial educational and governmental purposes.
11.11 The County shall use its best efforts to ensure that Grantee timely obtains all necessary
permits or other County authorizations for the construction and activation of the I-Net
and to ensure that Grantee's cost to construct and activate the I-Net are reasonable.
Section 12. Education and Government Access Provisions.
12.1 Throughout the Term, Grantee shall set aside three (3) channels of its transmission
capacity as an EG Access Channel on its Cable System. The EO Access Channels should
be made available for educational programming, Collier County government
programming, and City of Naples ("Naples") government programming.
12.1.1 EO Access signal transportation on Grantee's Cable System shall be provided
. without charge to the County from the point of origination as set forth in Exhibit
Agenda Item No. 17.E
June 22, 2~
Page 20 of 38
Cable Television Franchise Agrecmcnt-Slra\egic Technologies
DAU.AS l40I621v<4
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B ('~A Access Origination Point"), upstream to Grantee's interconnecting hub
site for downstream distribution on Grantee's Cable System to its Subscribers.
The County shall be responsible for delivery of EO programming through the
connection provided by Grantee to the headend of the Immokalee Connection as
described in Section 11 of this Franchise.
12.1.2 Grantee shall provide EA Access to Naples on the same terms and conditioDS that
it shaII provide EA Access to the County hereunder.
12.2 The following requirements regarding use oCEG Access Channels shall apply:
12.2.1 The County shall be responsible for establishing and enforcing roles for use oCthe
Governmental Access Channel, the School Administration shall be responsible for
establishing and enforcing roles for the use of Educational Access Channels, and
Naples shall be responsible for establishing and enforcing rules for the Naples
Governmental Access Channels (which are described in Exhibit B).
12.2.2 Grantee shall not exercise any editorial control over the content of programming
on the designated EO Access Channels except to the extent, if any, then
authorized pursuant to FCC Law.
12.2.3 No charges may be assessed by Grantee for Channel time or playback of
pre-recorded programming on the EG Access Channels.
12.2.4 Grantee shall include EG Access Channels in all Cable Service packages.
12.2.5 The EG Access Channels will be made available by Grantee for use by the
County in accordance with the roles and procedures established by the County or
any lawfully designated Person, group, organization, or agency authorized by the
County for that purpose.
12.2.6 The location oftbe EG Access Channels on Grantee's channel line-up shall not be
changed without sixty (60) calendar days prior written notice to the County.
12.2.7 Grantee shall insure that all EG Access Channels meet the technical standards of
the FCC; provided, however, Grantee shall not be responsible for defects, flaws or
other impairments in the programming delivered to Grantee.
Cable Tc:I~on Francbisc Agccmc:nt-8lnltqic Technologies
DAU..AS 140162lv4
Agenda Item No. 11E
June 22, 2V04
Page 21 of 38
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12.2.8 Digitization of Analog Channels. Except for Grantee's Lifeline Tier (i.e., must
carry stations as defined under FCC Lawt superstations, non-commercial news
channels, and the Weather Channel), the County may require Grantee to digitally
compress one (I) or more of the Channels on its Cable System at or after the time
that Grantee converts at least fifty percent (SO %) of the active Channels on its
Cable System to compressed digital transmission.
12.2.9 EG Access signal transportation on Granteets Cable System or interconnection
Facilities shall be provided without charge to the County from the EA Access
Origination Point upstream to Granteets interconnecting hub site for downstream
distribution on Grantee's Cable System to its Subscribers.
12.3 Grantee shall not be liable for any claimst damages, liabilities, costs and expenses,
including reasonable attorney's fees and costs, directly related to the County's operation
of the EA Access Channels and directly related to the material under the County's control
carried on the EA Access Channels, including, but not limited to. copyright infringement,
libe~ slander, defamation, patent trademark or invasion of privacy claims. Further,
Grantee agrees to carry Naples government programming on its EA Access Channels
subject to execution of a separate agreement among Grantee, the County and Naples.
Section 13. Miscellaneous Service Requirements
13.1 Grantee shall provide its Cable Services in accordance with the requirements of the Cable
Ordinance and this Franchise.
13.2 In addition to the requirements set out elsewhere in this Franchise and in the Cable
Ordinance the Grantee shall:
13.2.1 At a minimum, from time-to-time during the Tenn, use its best efforts to provide
the following broad categories of programs and services:
a) local broadcast stations .
b) educational programming
c) sports
d) general entertainment (including movies)
e) childrenlfamily-oriented
f) arts, culture, and performing arts
g) food
h) do-it-yourself
i) scienwdocumentary
j) weather information
k) programming, including foreign language programming, addressed to
diverse ethnic and minority interests in the County
1) national, state, and local government affairs
m) local origination programming concerning local and regional issues,
events, and affairs of interest to County residents
Agenda Item No. 11E
June 22, 2~~4
Page 22 of 38
Cable Television Franchise ~t-Stratcgic T~hnologics
DAI.U.S 1401621v4
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n) access programming, as provided by this Franchise
0) program channel guide
p) pay-per-view
Cable Services may change periodically and needs and interests of the
community may change as well. It is the intent of the County to ensure that
Cable Services offered by Grantee meet community needs, keep pace with
changes in interest and/or needs of the community, and are constantly monitored
and reviewed by Grantee to ensure that the Subscribers and government users of
the Cable System. have the broadest range of Cable Service capabilities available.
If requested by the County Manager or the County Manager's designee, Grantee
will, during that calendar year, make an appearance before the County
Commission to descnoe current and future programming plans as well as
industry service trends. Further, Grantee's programming shall be subject to
County review during any periodic evaluation conducted pursuant to Section 29
herein.
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13.2.2 Grantee, upon request by the County Manager or the County Manager's designee,
shall provide, without charge, a standard installation and one (1) outlet and free
Basic Service to those Public Buildings owned and occupied by the County that
are passed by its active Cable System (within two hundred fifty (250) feet). The
Cable Service provided shall not be distributed beyond the originally installed
outlet without authorization from the Grantee. The Cable Service provided shall
not be used for commercial purposes. The County shall take reasonable
precautions to prevent any use of Grantee's Cable System in any manner that
results in the inappropriate use thereof or any loss or damage to the Cable System.
The County shall indemnify and hold Grantee harmless from any and all liability
or claims arising out of the provision and use of Cable Service required by this
Section 13.2.2. Grantee shall not be required to provide an outlet to such Public
Buildings where a non-standard installation is required, unless the County or
building owner/occupant agrees to pay the incremental cost of any necessary
Cable System extension and/or non-standard installation. If additional outlets of
Basic Service are provided to such Public Buildings, the building owner/occupant
shall pay the actual cost associated therewith.
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13.2.3 Grantee shall provide emergency alert capabilities and services and add to the
Cable System such communication capabilities as may be required under
Applicable Law for homeland security, as follows:
13.2.3.1 In accordance with and at the time required by the provisions of FCC
Rule Section 11.51, and as other provisions which may from time to
time be amended, Grantee shall install, if it has not then already done
so, and maintain an Emergency Alert System ("EAS") for use in
transmitting Emergency Act Notifications and Emergency Act
Terminations in local and state. wide situations as may be designated to
be an emergency by the Local Primary, the State Primary, and/or the
Cable Televirion FIIJICIrise Agreemmt-5tnltegic Technologia
DAU..AS 1401 621 v..
Agenda Item No.1 IE
June 22, 2at54
Page 23 of 38
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State Emergency Operations Center, as those authorities are identified
and defined within FCC Rule Section 11.18.
13.2.3.2 The County shall permit only appropriately trained and authorized
persons to operate the EAS equipment and take reasonable precautions
to prevent any use of Grantee's Cable System in any manner that
results in inappropriate use, or any loss or damage to the Cable System.
The COooty agrees to indemnify and hold Grantee, its employees,
officers and assigns harmless from any claims arising out of the
emergency use of its Facilities by the COooty, including, but not limited
to, reasonable attorneys' fees and costs.
13.2.3.3 The County and Grantee acknowledge that, as of the Effective Date,
homeland security may require communication capabilities for security
purposes as may be subsequently determined by the County pursuant to
Applicable Law. The County and Grantee agree that, upon sixty (60)
calendar days written notice from the County to Grantee, any such
requirements and Cable System capability needs as may be appropriate
will be implemented and Grantee agrees that it will negotiate in good
faith with the County to incorporate such changes or modifications to
this Franchise as may be required for these purposes.
Section 14. Assignment.
This Franchise may be assigned or a transfer of control effectuated only in accordance with all
Applicable Laws, with the prior consent of the County, which shall not be unreasonably withheld
or delayed, and in accordance with the FCC Laws. However, in the event of a transfer to an
Affiliate, no consent shall be required but notice thereof shall be given to the County. There
shall be established a rebuttable presumption of a "transfer of control" upon the acquisition by a
non-controlling party of thirty percent (30%) (or more) ownership interest in Grantee.
Section 15. Remedies.
15.1 In addition to any other rights set out in this Section 15, and subject to the provisions
herein and to the procedures set forth in all Applicable Laws, including the Cable
Ordinance, the County reserves the right to declare a forfeiture of Grantee's Franchise in
the event that:
15.1.1 Under Normal Operating Conditions. Grantee is found to have violated any
material provision of this Franchise.
15.1.2 Grantee is foood by a court of competent jurisdiction to have willfu11y practiced
any fraud or deceit upon the County.
15.2 Grantee's failme to comply with the material provisions of this Franchise will result in
injury to the County and that the amounts of actual damages will be difficult to ascertain.
Cable Television Franchise Agrcement-5lT1legic Tcchnologies
DALLAS IMll621v4
Agenda Item No. 17E
June 22, 2G04
Page 24 of 38
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Therefore, the County and Grantee hereby agree to the liquidated damages in accordance
with the amounts prescribed in Section 30-51 of the Cable Ordinance.
15.3
The County shall give Grantee thirty (30) calendar days' written notice of its intent to
exercise its rights under Sections 15.1 and 15.2) stating the reasons for such action. If
Grantee cures the. problem within such thirty (30) day notice period, or if Grantee
initiates substantial effort to remedy the stated problem, and the efforts continue in good
faith, the County shall not have the right to dcclare a forfeiture of Gnntee's Franchise or
impose liquidated damages. If Grantee fails to cure the stated violation within such thirty
(30) day notice perio~ or if Grantee does not undertake efforts satisfactory to the County
to remedy the stated violation, then the County, only. after a public hearing at which
Grantee shall have a right to be heard, may impose) in a written decision, any or all of the
remedies available herein. Such public hearing, including all prior notice requirements)
shall be conducted in compliance with the FCC Laws.
15.4 Within sixty (60) calendar days following the award of Grantee's Franchise, Grantee
shall deposit with the County a letter of credit from a imancial institution, approved by
the County's Finance Director, in the amount of one hundred thousand dollars
($100,000.00). The form and content of this letter of credit shall be approved by the
County Attorney. The letter of credit shall be used to ensure the faithful performance by
Grantee of all provisions of the Franchise and compliance with all orders) permits 'and
directions of any agency, commission, board) department,. division, or office of the
County exercising jurisdiction over Grantee's acts or defaults, and payment by Grantee of
any penalties, claims. liens. liquidated damages, or fees due the County.
15.4.1 If Grantee fails to pay the County any compensation not in dispute and due the
County within the time fixed herein; or fails) after thirty (30) calendar days
written notice from the County to pay to the County any penalties. claims) liens,
liquidated damages, or fees due the County, such failure by Grantee can be
remedied by demand on the letter of credit. The County immediately may request
payment of the amount due from the letter of credit. Upon such request for
payment. the County shall notify Grantee of the amount and date thereo f.
15.4.2 The letter of credit shall be maintained at one hundred thousand dollars
($100,000.00) during the entire Tenn unless modified by the County in
accordance with the procedures provided for in the Cable Ordinance and this
Franchise. In the event that amounts arc withdrawn pursuant to this Section 1 S .4)
Grantee shall take any required action to restore the letter of credit to the total
amount of one hundred thousand dollars ($100,000.00) wi~ ten (10) business
days of written notification by the County of its withdrawal against the letter of
credit unless Grantee commences a legal action challenging the basis of the
withdrawal.
15.4.3 The rights reserved to the County with respect to the letter of credit are in addition
to all other rights of the County. whether reserved by this Franchise, and/or then
authorized by Applicable Law, and no action, proceeding or exercise of a right
Agenda Item No. 17E
June 22, 2004
Page 25 of 38
Cablc Tclcvirion Frandlisc: Apcemcnt-9tratcpc TcchnoloiiC6
DALLAS 1401621v4
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with respect to such a letter of credit shall affect any other right and/or privilege
that the County may have under this Franchise.
15.4.4 The letter of credit shall contain the following endorsement:
It is hereby understood and agreed that thi3 letter of credit shall
not be canceled by the sw-ety nor the intention not to renew be
stated until thirty (30) calendar days after receipt by Collier
County, Florida, by registered nuzi/, of a written notice of such an
intention to CllnceJ or not to renew.
15.4.5 Grantee shall renew the letter of credit not less than thirty (30) calendar days prior
to its expiration and provide a copy of the renewal to the County. Failure to
comply with this provision shall entitle the County to draw down the letter of
credit in its entirety.
15.4.6 The other provisions of this Section 15.4 notwithstanding, subject to written
approval by the County Manager, in lieu of a letter of credit, Grantee may provide
to the County evidence that reasonably establishes Grantee's financial ability to
meet the terms of this Franchise.
15.5 All remedies provided under this Franchise or under the Cable Ordinance shall be
cumulative, unless otherwise expressly stated. The exercise of one remedy shall not
foreclose use of another remedy, nor shall it relieve Grantee of its obligations to comply
with its Franchise. Remedies may be used singLy or in combination; in addition, the
County or Grantee may exercise any rights it has under then Applicable Law.
15.6 Grantee, at Grantee's sole cost and expense, shall indemnify and hold hannless the
County, its officers, boards, commissioners, agents, and employees (collectively,
"Indemnitees"), from any and all actions, claims, suits, penalties and judgments for
damages at law and/or equity of any nature whatsoever arising out of or through the acts
or omissions of Grantee, its servants, employees, and agents in the performance of
Grantee's obligations under this Franchise, and/or the conduct of Grantee's business as a
cable communications service provider. including without limitation. (i) the construction,
installation, operation, and maintenance of the Cable System; and (ii) any copyright
infringement and/or infringement of any other intellectual property right by Grantee.
15.7 Grantee shall defend in the name of the County, and shall pay all reasonable expenses
incurred by the County in defending itself, and all damages and penalties the County may
legally be required to pay as a result of this Franchise, other than damages or penalties
from or relating to acts or omissions of the County, its servants, employees and agents.
Such damages and penalties shall include, but not be limited to. damages arising out of
copyright infringement by Grantee and all other damages arising out of the construction,
installation, operation andlor maintenance of its Cable System, whether or not any such
act or omission is authorized, allowed or prohibited by the Cable Ordinance or the
Franchise granted hereunder. Expenses shall include all incidental expenses, including
Cable Television Franc:bise AgreemenI-Slralegic: Technologies
DAl.l.AS 1401621v4
Agenda Item No. 1.1.E
June 22, 2604
Page 26 of 38
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attorney fees and the reasonable value of any services rendered by the office of the
County Attorney.
15.7.1 In the event any action, lawsuit or other proceeding is brought against any
Indemnitee by reason of any matter for which the Indemnitees are indemnified
under Section IS.7, the County shall give Grantee prompt written notice of the
making of any claim or commencement of any such action, lawsuit or other
proceeding, and Grantee, at Grantee's sole cost and expense, shall resist and
defend the same with legal counsel selected by Grantee and reasonably acceptable
to the County and with reasonable participation by Grantee. The County shall, at
all times, cooperate in all reasonable ways with, make relevant files and records
of the County available for inspection and copying by, and make its employees
available or otherwise render reasonable assistance to, Grantee in connection with
the defense of such action, lawsuit or other proceeding. In such an event, the
County shall not admit liability in any matter on behalf of any Indemnitee without
the advance written consent of Grantee.
15.8.1 To the extent that the County must indemnify Grantee under this Franchise, the
procedures set forth in Section 15.7.1 shall apply to the County and to Grantee as
appropriate.
. 15.8 Liability in case of emergency. If, at any time in case of fire, disaster and other
emergency, it shall appear necessary in the judgment of the County to cut, move or
otherwise interfere with any of Grantee's Facilities, the County shall not be liable for any
injury or damage to such property and equipment of Grantee as a result of.such cutting,
moving or interference. .
Section 16. Expiration and Renewal
Renewal of this Franchise shall be governed by then Applicable Law.
SectioD 17. Confidential Information.
In addition to the provisions set forth in Section 24, Grantee may identify documents, books.
records other information which Grantee provides or makes available for inspection by the
County under this Franchise as being "Confidential Information." Grantee shall prominently
mark. any such information for which it claims confidentiality with the words "Confidential
Information" in letters at least one-half (YI) inch in height, prior to submission or inspection by
the CO\D1ty. The County shall make good faith efforts to protect such Confidential Information
subject to the County's obligations under Local, State and Federal disclosure laws. If such
records are not then already "public records," to the extent possible and in cooperation with
Grantee, the County will view such records in a manner as to not make them become .'public
records." Should the County receive a request, under the Florida Public Records Law, to review
Grantee's document records. books, or other information then identified as Confidential
Information, it will promptly notify Grantee and provide an opportunity for Grantee to raise an
Cable Television franchise Ageement-Slrategic Technologies
DALLAS 14(J1621v4
Agenda Item No. 17E
June 22, 2QG4
Page 27 of 38
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objection, demonstrate why the requested information is Confidential Information and, if
necessary, seek a court order to protect it as Confidential Information.
Section 18. Forum for Litigation.
Any litigation between the County and Grantee arising under or regarding this Franchise shall
occur if in the Florida courts, in the Collier County Court having jurisdiction thereofpursuant to
Florida Law, or if iIi the federal courts, in the United States District Court for the Southern
District of Florida.
Section 19. Notices.
Any notice provided for under this Franchise shall be sufficient if in writing and delivered
personally to the following addressee: or deposited in the United States Mail, postage prepaid,
certified mail,retum receipt requested, addressed as follows, or to such other address as the
receiving party hereafter shall specify in writing:
If to the County:
County Manager
Collier County Government Center
3301 Tamiami Trail. East
Naples, FL 34112
With a copy to:
Franchise Administrator
Collier County
2800 North Horseshoe Drive
Naples, FL 34104
If to the Grantee:
Strategic Technologies. Inc.
Rick Bowen
3902 Corporex Drive, Suite 600
Tampa. FL 33619
With copies to:
Strategic Technologies, Inc.
David Drykerman
790 NW 1 07th Avenue. Suite 310
Miami. FL 33172
Robert J. Miller
Darcy C. Blossfeld
Gardere Wynne Sewell LLP
"1601 Elm Street. Suite 3000
Dallas, TX 752014761
"County and Grantee shall provide prompt written notice of any change to the above persons
and/or addresses.
Cable TeleYisioo FnncbilC Agrecmcnt-StIa1cgic Technologies
DALLAS 140162lv4
Agenda Item No. 17E
June 22, 2DV4
Page 28 of 38
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Section 20. Severability.
If any section. subsection. sentence, clause, phrase, or other portion of this Franchise is, for any
reason, declared invalid,. in whole or in part, by any court, agency, commission. legislative body,
or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent portion. Such declaration shall not affect the validity of the remaining portions
hereof, which other portions shall continue in full force and effect
Section 21. NOB-Discrlmination.
Grantee shall not discriminate in any manner on the basis of age, race, sex, handicap, color,
creed, national origin or religion.
Section 22, Non-Divesture.
This Franchise shall not divest the County of any right or interest in any Public Way.
Section 23. Remedies-Cumulative.
All remedies provided under this Franchise or Chapter 30 of the Collier County Code shall be
cumulative, unless otherwise expressly stated. The exercise of one remedy shall not foreclose
use on another. nor shall it relieve Grantee of its obligations to comply with Franchise.
Remedies may be used singly or in combination. In addition, the COWlty may exercise any rights
it has under Applicable Law.
Section 24. Books and Records - Inspection.
24,1 The County may inspect the books. records. maps, plans, and other documents, including
financial documents, in the control of or possession of Grantee (or of any Affiliate, to the
extent the Affiliate is acting as an operator of Grantee's Cable System) to the extent such
inspection is required: (1) to enforce the County's rights or assess compliance with the
Franchise and Applicable Law; or (2) in the exercise of an lawful regulatory power. The
material may be duplicated at a County facility unless the County agrees to inspection
and copying at some other place. Material that the County requires Grantee to produce
under this Section 24 shall be produced, upon reasonable notice. no later than thirty (30)
calendar days after the written reqqest for production. Requests for extensions of time to
respond shall not be unreasonably denied.
24.2 In addition to the provisions set forth in Section 17, Grantee may request that the County
treat records containing trade secrets or proprietary information as Confidential
Information under the Florida Public Records Law. To the extent authorized by the
Public Records law and other applicable State and Federal law, the County shall maintain
the confidentiality of information designated "Confidential Information" (as required in
Section 17) by Grantee. Should the County receive a request to review Grantee's records
or books under the Florida Public Records Law, it will promptly notify Grantee and
provide an opportunity for Grantee to raise an objection. demonstrate why the requested
Agenda Item No. 17E
June 22, 2004
Page 29 of 38
Cable Tclcvi5ion Fl'II1chllO Aarecmcnt-Strategic TcchDo\osia
DALLAS 140162lv4
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infonnation is Confidential Information and, if necessary seek a court order to protect its
proprietary information.
Section 25. Books and Records - Reports and Response to Questions.
25.1 Grantee shall provide the following reports to County:
25.1.1 A quarterly report listing revenues received and payments to the State of Florida
and County.
25.1.2 Within ninety (90) calendar days after the close of Grantee's fiscal year. Grantee
shall submit a written report with a financial statement, including a statement of
revenues which shall be certified by an authorized official of Grantee.
25.1.3 Grantee shall file with the County any notice of deficiency. forfeiture. or other
document issued by any State or Federal agency which has instituted any
investigation or civil or criminal proceeding naming the Cable System, Grantee,
or any operator of Grantee's Cable System. to the extent the same may affect or
bear on the operations of Grantee's Cable System.
25.1.4 Grantee shall file with the County any request for protection under bankruptcy
laws, or any judgment related to a declaration of bankruptcy by Grantee, any
Affiliate which controls or manages Grantee, or any operator of Grantee's Cable
System.
Section 26. Books and Records - MainteDance.
26.1 In addition to reports required by this Franchise, the Grantee shall maintain records of the
following:
26.1.1 FCC proof of performance; and
26.1.2 Monthly records demonstrating compliance with applicable Customer Service
Standards. The information to be contained in such records is listed in Exhibit F
attached hereto and incorporated herein by reference. Until Grantee provides
Cable Service to 2,000 Subscribers, such reports may be quarterly.
Cable Television Fnnchise Agccml:nl-Stratqic Tccb'lOlogieli
DAU.AS 1401621v4
Agenda Item No. 17E
June 22, 2~
Page 30 of 38
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Section 27. Inspection of Plant.
Upon written ReaSonable Notification, the County may inspect Grantee's Cable System during
construction and anytime thereafter. If, based on Subscriber complaints or its own investigation,
the Comrty believes that the Cable System may not be operating in compliance with this
Franchise or Applicable Law, it may require Grantee to perfonn tests, prepare a report, and
present to the County the results of those tests, Grantee shall report each deficiency and take
prompt action to remedy such problem. If a test shows no deficiency, County shall reimburse
Grantee for the costs of the tests.
Section 28. Insurance.
28.1 Grantee shall comply with the insurance requirements set forth in Section 30-36 of the
Cable Ordinance throughout the Tenn. Within thirty (30) calendar days after the
Effective Date, Grantee shall provide proof of the required insurance. Grantee may have
the right to self insure for up to five million dollars ($5,000,000.00) based on
demonstrated financial qualifications, subject to approval by the County Commissioners
upon recommendation from the County Attorney. The insurance requirements set forth
in this Section 28 may be met by acceptable evidence of self-insurance backed by assets
sufficient to provide the same levels of coverage.
28.2 The insurance coverage obtained by Grantee in compliance with this Section 28 shall be
approved by the County's Risk Management Office, and copies of such insurance
policies (or certificate of insurance) shall be filed with the County.
28.3 Grantee shall comply with the construction bond requirements in Section 30-37(a) of the
Cable Ordinance and post either a construction Pond or letter of credit in an amount equal
to one hundred ten percent (110010) of the projected cost of construction and installation
for each separate Construction Project. Except as otherwise set forth in Section 28.3.1
below, the construction bond or letter of credit will be filed with the County at least ten
. (10) calendar days prior to commencement of any Construction Project and will be filed
in a fonn acceptable to the County Attorney. Upon completion of the applicable
Construction Project, Grantee may cancel the corresponding construction bond or letter
of credit.
28.3.1 Within ninety (90) calendar days after the Effective Date, Grantee shall post a
construction bond in an amount equal to one hundred ten percent (110%) of the
total projected cost of construction and installation of the Cable System in the
Initial Service Area and in an amount equal to one hundred ten..percent (11 (010) of
the total projected cost of construction and installation of the Immokalee
Connection, the County Connection, and the School Connection.
Cable Television Franchise Agreemcnt-5lnqic Technologies
DALLAS 1401621v4
Agenda Item No. 17E
June 22, 2t3G4
Page 31 of 38
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Section 29. Four-Year Review: Performance Monitoring.
29.1 During the years that commence on the fourth anniversary (or any multiple thereafter)
after the Effective Date. the County, upon sixty (60) calendar days prior written notice.
may commence a review of Grantee's perfonnance under the Franchise.A1i part of this
review, the County may consider:
29.1.1 "''hether Grantee has complied with its obligations under the Franchise and
Applicable Law. .
29.1.2 Whether customer service standards, technical ~daf(ls, or bond or security fund
requirements are adequate or excessive.
29.1.3 Other issues as may be raised by Grantee, the County, or the public.
29.2 The County shall conduct public hearings to provide Grantee and the public the
opportunity to conunent on Grantee's perfonnance and other issues considered as part of'
the four (4) year review.
29.3 Any revisions to this Franchise which either the County or Grantee wishes to make as a
result of these reviews shall be proposed under the procedures established herein.
29.4 Periodic Evaluation, Review and Modification.
29.4.1 The County also may. upon thirty (30) calendar days written notice. request
evaluation and review sessions at any time during the Tenn. Grantee shall
cooperate in such review and evaluation; provided, however, there shall not be
more than one (1) such evaluation and review session during any four (4) year
period.
29.4.1.1 Topics which may be discussed at any evaluation and review session
include, but are not limited to, rates, Channel capacity, Cable System
performancc, EG Access. municipal uses of cable. Subscriber
complaints. judicial rulings, FCC rulings and any other topics the.
County or Grantee may deem relevant.
29.4.1.2 During an evaluation and review session, Grantee shall cooperate fully
with the County and shall provide. without cost, such reasonable
information and documents as the County may request to perform the
evaluation and review.
29.4.1.3 If, at any time during the evaluation and review, the County reasonably
believes there is evidence of inadequate technical performance by the
Cable System, the County may request Grantee to provide a copy of the
most recent proof of performance test at Grantee's expense. In making
such request. the County shall descnl>e and identify as specifically as
Cable Television FnnI:hiac ~t-Slnlcpt; TCIl:hnolDsics
DALlAS 1401621v4
Agenda Item No. :UE
June 22, 2004
Page 32 of 38
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possible the nature of the problem. Grantee shall cooperate fully with.
the County in providing such tests and shall report to the County results
of the test
29.4.1.4
As a result of an evaluation and review session, the County or Grantee
may determine that a change to the System or to terms of the Franchise
may be appropriate. In that event. either the County or Grantee may
propose modifications to the System or to the Franchise. Such
modifications must be reflected in an amendment to this Franchise
executed by Grantee and the County.
Section 30. ConOict with Collier County Code.
The provisions of the Cable Ordinance are herby incorporated herein by reference as if set out in
full. and form part of the terms and conditions of this Franchise. In the event of any conflict
between the terms and conditions of this Franchise and the provisions of the Cable Ordinance,
the terms of this Franchise shall prevail, except where conflict arises from lawful exercise of the
County's police power.
Section 31. Conflict with Application.
If there are conflicts between the wording in the written part of this Franchise and Exhibits B
through F. and the Application, the wording in the written part of this Franchise and Exhibits B
through F shall control. The Franchise Agreement included in the Application is not part of this
Franchise.
Section 32. Reservation of Rights; Grandfatberlng Franchise.
32.1. The County and Grantee reserve all rights that they may possess under the Applicable Law
unless expressly waived herein. To the greatest extent then allowed by Applicable Law,
neither party to this Franchise shall attempt. directly or indirectly, to have any now existing
law(s) and/or regulation(s) amended, or have any new law(s) and/or regulation(s) enacted
that purports to amend any aspect or provision of this Franchise unless that party also
agrees that this Franchise shall be grandfathered against all such changes. Both parties
agree that. without their mutual written agreement. this Franchise should in all such events
be grandfathered against all such changes. Failure of a party to support grandfathering
shall be deemed to be active interference with this Franchise by that party.
32.2. Except as otherwise set forth herein, it is the intent of both parties that this Franchise not be
affected by future changes to Applicable Law(s) because all such change(s) in varying
degrees ahnost always negatively affect rights. duties and/or benefits of one party to the
detriment of the other party. Although both parties to this Franchise understand that future
changes to Applicable Laws could. in some limited respects, affect this Franchise. it is
mutually agreed that all provisions in this Franchise (including those applicable to the 1-
Net andlor to EA Access) are the result of good faith negotiations between the parties, both
of which are sophisticated and are knowledgeable with regard to this Franchise. It is the
Cable Tclcri$lon Fnm:biJC Agccmcnt-Slralqie Tcdlllologic:s
DA.LLAS 140162tv4
Agenda Item No. .:lZE
June 22, 2tm4
Page 33 of 38
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intent of each party that all provisions in this Franchise are material and to the greatest
extent possible are to remain in full force and affect except to the extent, if any, that any
such proVision(s) is/are lawfully rendered inoperable (be affirmatively and in all events
barred or rendered unenforceable) as a result of future change(s) to such Applicable
Law(s).
32.3. In the event of any such change(s) in Applicable Law(s), each party may notify the other
party in writing of such change(s) and either (a) mutually agree that, in the opinion of each
party, such changes do not require any amendment(s) to this Franchise, or (b) demand
negotiations with the other party to try to maintain the then existing status quo to the
greatest extent possible and/or otherwise ameliorate to the greatest extent possible all
affects of such change(s). If modification{s) is/are proposed by the notifying party, the
written notice shall include that party's proposed modifications to this Franchise for the:
purpose of ameliorating such change(s). If either party receives written notice from the
other party that the notifying party is recommending any change{s) to the Franchise
because of any such change(s) in Applicable Law(s) (a "Change Notice''), the parties shall
meet and confer in Collier County within thirty (30) calendar days after the date of the
Change Notice to negotiate and resolve the affect(s) of such change(s) and to detennine
together what modification(s), if any, are mutually agreed to be appropriate and reasonable.
Each party agrees that it shall negotiate in good faith to try to ameliorate the affects of all
such change(s). If full agreement between the parties cannot be reached within a
reasonable time (not to exceed sixty (60) calendar days after such negotiations commence,
unless extended by mutual written agreement), either party shall have the absolute right to
terminate this Franchise, without any liability whatsoever to the other party, by delivering
written notice of such termination to the other party that the notifying party has determined
that the Franchise shall terminate within not less then one hundred and eighty (180)
calendar days after receipt of such termination notice. A vote of three (3) members of the
B()ard of County Commissioners is required prerequisite to the County terminating this
Franchise.
32.4. Each party preserves all rights to contest in courts of law, administrative proceedings,
and/or otherwise, that change(s) in law(s) and/or regulations cannot lawfully interfere with
this Franchise. Further, if the County requests termination under Section 32.3 and Grantee
objects to such action, Grantee shall be entitled to seek injunctive relief and all other
available remedies of law in a court of competent jurisdiction with respect to such action.
Cable Te1erision Francl1i$e Agrccmcnt-SlnIcgic: Tcc:lmologics
DALLAS 140 1621 v4
Agenda Item No. 17E
June 22, 2Qtiij
Page 34 of 38
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Section 33. Acceptance of Franchise.
Within thirty (30) calendar days folloWing the Effective Date, Grantee shall tile all payments,
bonds, and lctters of credit with the County required herein and in the Cable Ordinance to be
filed within that period, together with a certificate of insurance to the extent required herein.
. Grantee shall provide its written acceptance of this Franchise and state that it agrees to be bOWld
by and to comply with all requirements pursuant to the provisions of this Franchise. Such
acceptance and agreement shall be acknowledged by Grantee before a notary public, and shall as
to form and content bc approved by thc County Attorney. Further, Grantee shall file with the
County the Parent Company Guarantee, authorized and executed by Lennar Corporation. in the
form in Exhibit D attached hereto and incorporated herein by reference.
Section 34. Receivership and Foreclosnre.
34.1
Receivership. The Franchise granted hereunder, at the option of County, shall cease and
terminate one hundred twenty (120) calendar days after appointment of a receiver or
receivcrs, or trustee or trustees, to take over and conduct the business of Grantee, whether
in a receivership, reorganization, bankruptcy, or other action or proceeding, unless such
receivership or trusteeship shall have been vacated prior to the expiration of said one
hundred twenty (120) calendar days, or unless:
34.1.1 Such receivers or trustees have, within one hundred twenty (120) calendar days
after their election or appointment, fully complied with all the terms and
provisions of this Section 34 and the Franchise granted pursuant hereto, and the
receivers or trustees, within such one hundred twenty (120) calendar days, shall
have remedied all the faults under the Franchise or provided a plan for the remedy
of such faults which is satisfactory to the County.
34.1.2 Such receivers or trustees shall, within said one hundred twenty (120) calendar
days, execute an agreement duly approved by the court having jurisdiction in the
premises. whereby such receivers or trustees assume and agree to be bound by
each and every term, provision, and limitation of thc Franchise.
34.2 Foreclosure. In the case of a foreclosure or other judicial salc of Grantee's Cable System,
or any material part thereof, County may serve written notice of termination upon
Gnmtec and the successful bidder at such sale, in which event the Franchise granted and
all rights and privileges of Grantee hereunder shall cease .and tcrminate thirty (30)
calendar days after service of such notice, unless:
34.2.1 County shall have approved the assigmnent of the Franchise, as and in the manner
that this Section 34 provides.
34.2.2 Sucp successful bidder shall have covenanted and agreed with the County to
assume and be bound by all terms and conditions of the Franchise.
Cable Television fnJIc:hile Agreemcnl-Saaccgic Tc:c:hnoJosics
DALLAS 1401621v4
Agenda Item No. 17E
June 22, 2<:lW
Page 35 of 38
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Section 35. Force Majeure.
The timc within which Grantee shall be required to perform any act under this Franchise shall be
extended by a period of time equal to the number of days performance is delayed due to a force
majeure. Grantee shall not be subject to any penalty hereunder because of acts or failure to act
due to "force majeure." The term "force majeurc" shall mean delays due to acts of God, war,
civil disturbance, fire, or unavoidable casualty, construction delays due to weather, delays due to
failure ofsupplier(s), delays in issuance or grant of governmental permits or other authorizations,
or delays for other causes beyond the reasonable control of Grantee.
SectiOD 36. Grantee as IndependeDt Contractor.
It is expressly understood and agreed that Grantee shall operate as an independent contractor as to
all rights and privileges granted by this Franchise, and not as an agent, representative or employee
of the County. Grantee shall have the exclusive right to control the details of its Cable System and
operation, in accordance with the tenns and conditions of this Franchise, and shall be solely
responsible for the acts and omissions of its officers, agents, servants, employees, contractors and
subcontractors. Grantee acknowledges that the doctrine of respondent supcrlor shall not apply as
between the County and Grantee, and their respective officers, agents, employees, contractors and
subcontractors. Grantee further agrees that nothing herein shall be construed as the creation of a
partnership or joint enteIprise between the County and Grantee.
SectioD 37. HeadiDgs Not Controlling.
Headings and titles that are used in this Franchise are for reference purposes only and shall not
be deemed a part of this Franchise.
Section 38. Entirety of Franchise.
This Franchise, including the exhibits attached hereto and any documents incorporated herein by
reference, contains the entire understanding and agreement between thc Coun.ty and Grantee as to
the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with the terms and conditions of this Franchise. This
Franchise shall not be amended unless such amendment is in compliance with the FCC Laws. is
agreed to in writing by both the County and Grantee, and is approved by the County Commission.
Section 39. Counterparts.
This Franchise may be executed in counterpart originals, in which case the effect shall be the
same as ifboth the County and Grantee had executed the same document
Section 40. Effective Date.
This Franchise shall take effect immediately upon adoption. Passed and adopted on this _
day of. . 2004.
Cable Television Fram:hise Agreemcnt-8trategic TQCMologics
DAllAS t401621v4
Agenda Item No. t~E
June 22, 2004
Page 36 of 38
IN WITNESS WHEREOF, the undersigned have caused this Franchise to be executed.
ATTEST:
DWI6lIT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLffiRCOUNTY, FLORIDA' ". "..
By:
By:
Deputy Clerk
ACKNOWLEDGEMENT:
DONNA FIALA, Chairman
Strategic Technologies, Inc. hereby agrees to be bound by and to comply with all requirements
pursuant to the provisions of this Franchise.
BY.~- /
Q,U lJ.)."'b.~ f'JG~~ "t<.c.1....f,~_\-
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Print or Type Name and Title
(Corporate Seal)
State of Florida )
County of Collier ) 55
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/~"T~hise was acknowledged before me this.tL day of 1!l~ .2004. by
:./ .:" - -. -.. '.~.' _ N, who is known to me OR who produced the follow g Identification:
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"",<.. : . ~ l~odify Public ~o o<f WYOOWl.!SS~eJCIIlIB
. ........... Ff\: JULY ~
Approved as to form and legal sufficiency:
By:
Thomas C. Palmer,
Assistant County Attorney
Cable Tclevisioa Francbise AgteelllClll-Sntegic Tcclmologies (filial Dnft){4-3G-04)
DALLAS 1401621v4
Agenda Item No. 11:1:
June 22, 2004
Page 37 of 38
Initial Service Area
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AQenda Item N ~
June 22~2004
Page 38 of 38
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EXECUTIVE SUl\1MARY
PUDZ-2002-AR-2887, Ann & Edward Olesky represented by Joe McHarris, of McHarris
Planning & Design, requesting a rezone from Public Use "P" to Planned Unit
Developmeut "PUD" for a mixture of commercial, residential, and marine uses including
recreational vehicle lodging for property located at 6100 Lake TratTord Road, in Section
35, Township 46 South, Range 28 East, Immokalee, Florida, consisting of 5.3::1: acres.
OBJECTIVE:
Staff is requesting that the Board review staff s findings and recommendations along with the
recommendations of the Collier County Planning Commission (CCPC) regarding the above
referenced Planned Unit Development (PUD) Rezone petition and render a decision regarding
the petition.
CONSIDERATIONS:
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The parcel is located on the south side of Lake Trafford Road at the road's terminus, next to the
County-owned Lake Trafford Park, on the northeast side of Lake Trafford, at 6001 Lake Trafford
Road. The zoning classification of the subject property is Public Use (P) District The subject
property was incorrectly rezoned from the Agricultural District to Public Use District in the 1991
countywide zoning reevaluation. The Public Use District should have only included the County-
owned park which sits to the west of the subject property, but the Public Use zoning was also
extended to include this property under private ownership. The existing uses on the property -
Recreational vehicles (RV) campgrounu, marina, general store, tour opemtions and caretaker's
residence - are currently non-conforming uses in the Public Use District. The current request to
rezone the property from Public Use District to PUD is necessary in order to; reflect the
ownership and the use of the property, bring the current uses and structures into conformity with
the zoning designation, and allow for future changes to the existing structures and uses on-site.
The Lake Trafford facilities have been in existence for approximately 30 years.
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As the subject parcel is already developed, this PUD rezone is intended to bring the current uses
and structures into conformity within the controlling zoning regulations for the property, and to
define the uses and development standards for any new uses or redevelopment of the property.
The entire 5.3-acre parcel identified on the PUD Master Plan is intended to allow a limited
mixture of commercial. transient lodging and marina uses that are suited to the natural setting of
Lake Trafford.
A deviation from Section 2.4.7.4.2. of the LDC to modify the Type "D" landscape buffer
requirement for the property where it abuts an external right-of-way is also requested by the
PUD. The LDC requires that a Type "D" buffer shall be required where a project abuts an
external right-of-way. The Type "D" buffer requires the installation of a hedge and trees no
more than 30 feet on center. The applicant is proposing for the property boundary adjacent to the
Lake Trafford Road right-of-way, one tree shall be planted every 50 feet on center with a double
Agenda Item No. 17F
June 22, 2004
Page 1 of 73
Page 1 of3
row of hedges; and for the property adjacent to the canal, one tree shall be planted every 50 feet
on center with no hedge requirement. The applicant has provided justification for this deviation
by citing the purpose is to enhance the water views and to fit with the natural surrounding
offered by Lake Trafford.
FISCAL IMP ACf:
Lake Trafford Marina is an existing use and the approval of this PUD rezone by and of itself will
have no fiscal impact on Collier County. The redevelopment authorized by approval of the
petition will result in future fiscal impact on County public facilities. The County collects impact
fees prior to the issuance of building permits to help offset the impacts of each new development
on public facilities. These impact fees are used to fund projects in the Capital Improvement
Element needed to maintain adopted levels of service for public facilities. In the event that
impact fee collections are inadequate to maintain adopted levels of service, the County must
provide supplemental funds from other revenue sources in order to build needed facilities.
The below table provides an impact fee estimate for the project if redeveloped to the maximum
intensity allowed by the PUD. The PUD document provides four alternatives within the
transient lodging component, for the purpose of the impact fee estimate, the 32 rental cottages
option was arbitrarily chosen.
Marina/w
23 slips &
1,000 Sq. 32 Rental Restaurant - General Store-
Impact Fee Ft. retail Cottages 2,000 Sq. Ft. 2,000 Sq. Ft. Total
Parks $0 $25,120 $0 $0 $25,120
Library $0 $0 $0 $0 $0
Fire $300 $3,840 $600 $600 $5,340
Schools $0 $0 $0 $0
Roads $45,632 $129,600 $43,446 $57,030 $275,708
Jails $562 $2,995 $3,409 $2,184 $9,150
EMS $253 $1,216 $1,056 $638 $3,163
Government Buildings $1,546 $6,384 $5,821 $3,814 $17,565
Total $48,293 $169,155 $54,332 $64,266 $336,046
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only, they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
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The subject property is within the lmmokalee Urban area, as depicted on the Future Land Use
Element's Future Land Use Map. On the Imrnokalee Future Land Use Map, the property is
designated Recreationalffourist subdistrict within the commercial Future Land Use designation.
The proposed PUD provides for several uses specifically identified in the Recreationalffourist
Land Use designation, including marina, restaurant, and transient lodging, and includes uses
Page 2 of 3
Agenda Item No. 17F
June 22, 2004
Page 2 of 73
more generally provided for in the District, e.g. tour operations and limited retail. Based upon
the above analysis, staff concludes that all proposed uses, densities and intensities may be
deemed consistent with the lAMP and FLUE Policy 5.1.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and notes the following: this PUD shall
comply with the guidelines and recommendations of the U. S. Fish and Wildlife Service
(USFWS), and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding
potential impacts to protected species that are identified on site. A Habitat Management Plan for
protected species that have been identified on site shall be submitted to Environmental Services
staff for review and approval prior to final Site Plan/Construction Plan approval. If airboat
traffic is determined to be detrimental to bald eagle nesting activity, restrictions on the distance
airboats are allowed to approach eagle nests may be required, in accordance with the guidelines
and/or recommendations of the U.S. Fish and Wildlife Service.
EAC RECOMMENDATION:
Lake TratIord Marina is an existing facility, and the site has been altered through past usage. Based
upon these facts the Environmental Advisory Council did not review this petition.
PLANNING COMMISSION RECOMMENDATION:
This petition was heard at the May 20, 2004 CCPC meeting. The Commission motioned to
forward petition PUDZ-2002-AR-2887 with a recommendation of approval, subject to the
conditions contained within the PUD Document with the following modifications: increase the
dimensional standard for separation of structures from 7.5-feet to lO-feet, and to clarify that the
PUD document was not seeking a deviation to the sunsetting provision of the Land Development
Code (LDC), but rather due to the existing facilities and infrastructure, have already satisfied this
provision. The MOTION PASSED UNANIMOUSLY 9-0.
ST AFF RECOMMENDATION:
Staff recommends approval of Petition PUDZ-2002-AR-2887 subject to the stipulations
contained in the PUD document, as modified by the Planning Commission's recommendation.
and as otherwise described by the Ordinance of Adoption and Exhibits thereto.
Page 3 of3
Agenda Item No. 17F
June 22, 2004
Page 3 of 73
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
SOARD OF COIJNTY COMMISSIONERS
1lF
PUOZ.2(jQ2.AR.2B3"!. I\nn & Edward OlllSky rllpm,;.,nted by Jo~ McHams. r,f
M.:Harris Planning & O,-,sign. mqu0sting a r,-,:;:o"., from Pub!iG US~ 'P" !.;)
P:ar.ned tjn:t D!3vBlopm€nt !'PUD" for a n.::xturB of oomn,erd<1I, rf:~.ident:a:. arid
m"rin'l use:> including r<>crea!i(":nil, Ii.,t"d<> lodging f(":: property ;o<';ilt...d al 61 an
Li1i(" Trafk,rd Road. in Se(;tk~n 35. To",,,n:>hip 46 S(",ulh. R"ng'l 28 Ea:>l.
immokal,-,e, Florida. r,'l.lm;isting of 5 .3i acres.
612212004 !j:r,-r;.oa AM
Prepared By
Mike B.:-si. AICP
Cl>lnlr'!J{)lt~ Development to
E1,1(;1'Cnnl~ntal St!r..,i!'"..P.$
Prineip<ll P!<lnn.:or
$!2;;rJ.(;(!~ 11'C.$'3e
AM
Zt'ning &. l.>s;;J Cleveicpment I~e"';;iw
Mike B.:-si. AICP
Princip<ll Pl<lnn.:or
OatIl
Approved By
Ccmm:.:lnit)l D~oj!!!'tCo~m~nt &
r::nvimnmental S..Hvkt.~
;~<)n;r;\j & L"nd l)e\i~lo..:ne;;t Review
:;12f.f<,01)4 11;;);; .M
Chj,-,f PI"",:,;,
Oat..
Approved By
Ray &i!cw,",
Comm:mlty D.",,;lcp'l1lmt &
E!,w,ron!n<:nt31 Services
Zoning & Lil!1.j lJ~velopm~rlt R<:1i!':'w
5!2Gr,,()()4 1:2:1 PM
Approved By
;~:..I~set .J;J>lyst
EJJ>t~
M"rk l~",,".!;""
Cc~mi}' Ma::a\ie:'s OO;c<<
Offi!..:o of M<lll<l~.:om.:ollt & Bl.od{l<.-l
611!l,'2C04 !.l:30 AM
Approved By
M<ln<l~~tn.:ont & SoJd{l"t Oir,,!.tcr
OatIl
M;(:;'<l2; Sm)'k<>w!<~:l
CCl:nt)' M~n~D~r~!' Off:ce
<Iff';;,> of f,1J>n3g~m,>nt. & E~,;;jil<'lt
6!12rJ.iil!~ 12',t3 rM
CountjfM,.,M'{l"r
Oat..
Approved By
.l"","'''1< \/. M:..:!d
Elc3rd of <:o,mty
Cl>mm;5!jioF!~rs
County Manag~r\$ Office
6!14!2(l().; 1:.'::55 PM
Zonlr;\j & L"nd l)e\i~to..",e;;t Cllr;ictor
EJ3m
Approved By
!;U$::!I:1 M;uray J AiCF'
CO!f':n:..lnit,/ Uevelopment 3-
Enl/jronmenl:<ll S~rl/lus
Z<>llin~ & La:ld O"v.:oloplr,,,r,t Revjew
ii!2!200411:21 AM
Executive Secreta:y
03te
Approved By
S~ndr3 Le3
Community D<-1i,>lopm<:nt &
EIl\!~n'!"!'f'S(:(,t31 Servk:e~
Commun!t"y Oevcloprr.er:t .&
En\r'ir(jnm~Htai S~~""'tC~$ Admin,
61~fZOO4 Hl;S7 AM
Approved By
Joseph K. Schm itt
CO!f;:n:..lnit'/ U"ve!opment 3-
Erll/lromllenl:<ll S~rvjus
Comrru;r:'ty O..".,lol,m..r:t &
;: p\i;rt'nmer:t",i S~r\ilc"'.. AJlTlin~trntl)r
P3te
COlTlmunlty ;"'"p.l<)v!f;~pt. &
EHvir:'>lUnt1or'!~; S~(.icoe!. Admin.
6!6!2tJ044:31 PM
Approved By
Admlnlstriltl1i'~ Assistant
P3te
Pilt Lel1nhard
Ccu:-:ty M~n~g;p.r':r!; f)ff:r.e
{lff:;;', of f,1>sn3g~m~nt & H<;JS<'lt
6m2iiii4 !::H.I>,M
A~,,"dd Il.,,,. 140. 1,1"
June 22, 2004
Page 4 of 73
Co~er County
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MAY 20,2004
SUBJECf: PETITION PUDZ-2002-AR-2887, LAKE TRAFFORD MARINA MIXED-USE
PUD
OWNER/AGENT:
Agent:
Joseph M. McHarris
McHarris Planning & Design
9001 Highland Woods Boulevard, Suite #4
Bonita Springs, FL 34135
Owners:
Ann and Edward Olesky
6001 Lake Trafford Road
Imrnokalee, FL, 34142
REQUESTED ACTION:
Tu have the Cullier Cuunty Planning Cummissiun (CCPC) cunsider an applicatiun tu rezone
approximately 5.3:t acres of land currently zoned Public Use (P) to Planned Unit Development
(PUD) to be known as the Lake Trafford Marina Mixed-Use PUD to include a limited mixture of
commercial, transient lodging and marina uses that are suited to the natural setting of Lake Trafford.
GEOGRAPHIC LOCATION:
The property comprises a single parcel that is located in Section 35, Township 46 South, Range 27
East, Collier County, Florida. The parcel is located on the south side of Lake Trafford Road at the
road's terminus, next to the County-owned Lake Trafford Park, on the northeast side of Lake
Trafford, at 6001 Lake Trafford Road. (See location map on page 2 and the PUD Master Plan on
page 3.)
- 1 -
Agenda Item No. 17F
June 22, 2004
Page 5 of 73
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PURPOSEIDESCRIPTION OF PROJECT:
The zoning classification of the subject property is Public Use (P) District. The subject property
was incorrectly rezoned from the Agricultural District to Public Use District in the 1991 countywide
zoning reevaluation. The Public Use District should have only included the County-owned park
which sits to the west of the subject property, but !he Public Use zoning was also extended to
include this property under private ownership. The existing uses on the property - Recreational
vehicles (RV) campground, marina, general store, tour operations and caretaker's residence - are
currently non-conforming uses in the Public Use District. The current request to rezone the property
from Public Use District to PUD is necessary in order to reflect the ownership, the use of the
property and to allow for future changes to the existing structures and uses on-site. The Lake
Trafford facilities have been in existence for approximately 30 years.
As the subject parcel is already developed, this PUD rezone is intended to define the uses and
development standards for any new uses or redevelopment of the property. The entire 5.3-acre
parcel identified on the PUD Master Plan is intended to allow a limited mixture of commercial,
transient lodging and marina uses that are suited to the natural setting of Lake Trafford.
The following table identifies the current uses housed on the subject site and the proposed uses
contained within the PUD document.
TABLE 1
LAND USE INTENSITY
Existing Facilities:
Campground with 64 campinglRV sites
Proposed Facilities:
Campground - 50 campinglRV sites*
or
HoteVmotel - 32 units*
or
Cabins, rental cottages- 32 units*
or
Campground - 25 RV sites and 16 cabins*
Marina:
10 boat slips and 13 rental boats
23 total slips
Marina:
10 boat slips and 13 rental boats
23 total slips
1,000 sq. ft marina sales retail
(accessory use LO marina)
1,000 sq. f1. general store
2,000 sq. f1. general store
2,000 sq. f1. restaurant
650 sq. ft. nature education center
Caretaker's Residence
Caretaker's Residence
Tour operations: airboat, rental boats,
guided trips.
Tour operations: airboat, rental boats,
guided trips.
- 4-
Agenda Item No. 17F
June 22, 2004
Page 8 of 73
* These are the maximum number of units for each type of transient lodging facility.
Two policies in the Future Land Use Element (FLUE) will guide the future redevelopment of this
PUD. Policy 5.9 of the FLUE provides that improved properties that have been reevaluated under
the zoning reevaluation program are considered consistent with the FLUE. Policy 5.1 permits
zoning changes for properties, zoned prior to January 1989, that have been detennined to be
improved and consistent by policy, as long as the overall density or intensity is not increased. The
Lake Trafford PUD may continue its current operations, but may redevelop consistent with the
permitted uses and intensities outlined in the PUD document.
The rezone request is seeking one deviation, from Section 2.7.3.4.2. of the Land Development Code
(LDC), to waive the PUD sunsctting requirement. The applicant has justified this deviation by
citing the fact that the site is an existing facility, and the PUD rezone is to establish the framework
for not only redevelopment of the property, but also bringing the current use on the property into
conformity with the zoning of the land. The timeline for the proposed redevelopment has not been
established, but the rezoning action is needed for the current facility to make any changes to the
property. As noted, the uses contained on-site are currently non-conforming with the zoning
designation and this non-conforming status has created an inertia, which prevents any alterations
from transpiring on the parcel. Staff is supporting the requested deviation.
A deviation from Section 2.4.7.4.2. of the LDC to modify the Type "D" landscape buffer
requirement for the property where it abuts an external right-of-way is also requested by the PUD.
The LDC requires that a Type "D" buffer shall be required where a project abuts an external right-
of-way. The Type "D" buffer requires the installation of a hedge and trees no more than 30 feet on
center. The applicant is proposing for the property boundary adjacent to the Lake Trafford Road
right-of-way, one tree shall be planted every 50 feet on center with a double row of hedges; and for
the property adjacent to the canal, one tree shall be planted every 50 feet on center with no hedge
requirement. The applicant has provided justification for this deviation by citing the purpose is to
enhance the water views and to fit with the natural surrounding offered by Lake Trafford. Staff is
supporting the requested deviation.
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The main access point for the project will be off Lake Trafford Road.
SURROUNDING LAND USE AND ZONING:
- 5 -
Agenda Item No. 17F
June 22, 2004
Page 9 of 73
Subject Parcel:
The parcel is a 5.3:!: -acre site currently developed with a marina, boaL tour
operations, a commercial establishment for retail services, a residence above the
commercial facility, and 64 campsites and accessory uses including a laundry
facility and docks; zoned P.
Surrounding:
North:
East:
South:
West:
Lake Trafford Road ROW & Canal; zoned A
Undeveloped land; zoned A
Canal & Undeveloped land; zoned A & A-MHO
Collier County Boat Ramp; zoned P
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GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is within the Irnmokalee Urban area, as depicted on the Future Land Use
Element's Future Land Use Map. On the Immokalee Future Land Use Map, the property is
designated RecreationaJJTourist subdistrict within the commercial Future Land Use designation.
The RecreationalfTourist subdistrict reads, in its entirety:
'The purpose of this District is to provide centers for recreational and tourism activity that
utilizes the natural environment as the main attraction. The centers should contain low
intensity uses that attract tourists and residents while preserving the environmental features
of the area. Uses permitted in this district include: passive parks, nature preserves; wildlife
- 6-
Agenda Item No. 17F
June 22, 2004
Page 10 of 73
sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities
including: hotel/motel, rental cabins, bed & breakfast establishments, campsites, restaurants;
recreational vehicles; sporting and recreational camps; low-intensity retail; single family
homes; agriculture; and those essential services as defined in the Land Development Code.
Residential devcIopment is permitted at a density of less than or equal to 4 dwelling units
per gross acre. Transient lodging is permitted at a maximum density of 8 units per acre.
Rezones are encouraged to be in the form of a Planned Unit Development (PUD). The
minimum acreage requirement for a PUD shall be 2 contiguous acres."
Future Land Use Element: The proposed PUD provides for several uses specifically identified in
the Recreationalffourist Land Use designation, including marina, restaurant, and transient lodging,
and includes uses more generally provided for in the District, e.g. tour operations and limited retail.
Table 1 in Section 2.4 provides the four different allowable development options insofar as unit
types are concerned, as well as the other allowable uses.
Though not identified on the Consistent by Policy maps in the Future Land Use Element (FLUE),
staff believes that is the proper status of the subject property, but in one context only - the RV
campsite density of 16 sites/acre vs. the 12 sites/acre allowed by the RecrcationalfTourist Land Use
designation. Based upon information submitted by the petitioner, there are 64 units on 4 acres,
which yields 16 units/acre. The Recreationalffourist Land Use designation is silent to RV/campsite
density, so the density allowed in the comparable zoning district in the LDC is utilized: the TIRVC
(Travel Trailer-Recreational Vehicle Campground) District allows 12 units per acre. The other
existing uses are consistent with the Recreationalffourist Land Use designation. Accordingly. it is
staff s opinion that the proposed uses and use intensities should be reviewed for consistency with
the ReereationalfI'ourist Land Use designation, except for RV/campsite use which should be
reviewed for consistency with FLUE Policy 5.1. That policy provides that changes may be made to
the zoning district deemed consistent by policy so long as the density and overall intensity of
development is not increased. Therefore, the petitioner needed to provide documentation that the
proposed use intensity/density is not increased for the RV/campsite use (a comparison of public
facility impacts and compatibility considerations). Further, the existing uses are all RVs and
campsites as opposed to the proposed uses that also include hotel/motel units and rental cottages
(which are allowed in the Recreationalffourist Land Use designation but limited to 8 units/acre).
Staff and the petitioner agree that the relevant public facilities to compare for impacts are potable
water, sanitary sewer, and traffic.
Table 1 in Section 2.4 of the PUD identifies the existing development on the property, and the
allowable development in this PUD. The allowable development includes four distinct
options/scenarios pertaining to unit types. Importantly, the Table identifies these scenarios as
absolutes - any of the four scenarios i<; allowed but there is no provision to mix them; that is, there
is no provision to develop a mixture of unit types other than that provided in the fourth scenario (25
RV units and 16 cabins). If there were to be a mixture allowed, some type of equivalency table
would be needed, and the petitioner was advised of this; the petitioner has opted to provide the four
development scenarios rather than provide an equivalency table which, admittedly, could be
complicated given the different unit types, the different impacts generated by each unit type, and the
multiple (three) public facilities to evaluate.
- 7 -
Agenda Item No. 17F
June 22, 2004
Page 11 of 73
The petitIoner has submitted a public facility impact analysis spreadsheet comparing the
transportation, potable water and sanitary sewer impacts of the existing 64 RV/camp sites vs. the
four proposed development scenarios in the PUD (50 RV/camp sites; 32 hotel units-cottages; 32
motel units; 25 RV units and 16 cabins). The public facility impact analysis spreadsheet has been
attached. Several differcnt trip cnd figurcs are providcd, but staff believes it appropriate to only
compare the peak hour trip end figures, based upon Capital Improvement Element (CIE) Policy
1.1.5, which refers to peak. hour traffic. Staff has reviewed this spreadsheet and concurs with the
petitioner's analy~is, which shows all four development scenarios pruposed generating fewer
impacts upon all three public facilities than the existing development (all pertaining to unit types).
Based upon the above analysis, staff concludes that all proposed uses, densities and intensities may
be deemed consistent with the lAMP and FLUE Policy 5.1.
Transportation Element: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a
statement advising that this project when developed will not excessively increase traffic congestion.
Open Space/Conservation: A minimum of 30 percent open space of the gross site area, as described
in Section 2.6.32 of the Land Development Code and Policy 1.1.6 of the Growth Management Plan,
will be required of the PUD.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable detennination must be based. These criteria are specifically noted in Section 2.7.2.5 and
Section 2.7.3.2.5 of the Land Development Code and required staff evaluation and comment. The
Planning Commission also will utilize these criteria as the basis for their recommendation to the
Board of County Commissioners (BCC). Appropriate evaluation of petitions for rezones to PUDs
should establish a factual basis for supportive action by appointed and elected decision-makers.
Each of the potential impacts or considerations identified during the staff review are listed under
each of the criteria noted and are summarized by staff, culminating in a determination of
compliance, non-compliance, or compliance with mitigation. These evaluations are completed as
separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B").
Environmental Analysis: Environmental Services staff has reviewed the petition and notes the
following: this PUD shall comply with the guidelines and recommendations of the U. S. Fish and
Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC)
regarding potential impacts to protected species that are identified on site. A Habitat Management
Plan for protected species that have been identified on site shall be submitted to Environmental
Services staff for review and approval prior to fmal Site Plan/Construction Plan approval. If airboat
traffic is determined to be detrimental to bald eagle nesting activity, restrictions on the distance
airboats are allowed to approach eagle nests may be required, in accordance with the guidelines
and/or recommendations of the U.S. Fish and Wildlife Service. Within 90 days of approval of the
PUD, signs shall be posted at the marina or at the adjacent public parklboat launch facility, to
educate the public about bald eagles. These signs shall be submitted to the Collier County
Environmental Services staff for review and approval prior to posting.
- 8 -
Agenda Item No. 17F
June 22, 2004
Page 12 of 73
Transportation Analysis: Transportation staff has reviewed the petition and notes the following: the
Traffic Impact Study (TIS) was focused upon a comparison of the existing use and the traffic
generated by these uses and the proposed uses and the traffic associated with those uses. The
results of the analysis indicated that any increase in trips was slight, with decreases during some
time periods. The reason for this is due to the decrease in the number of campground spaces. The
increase in commcrcial arcas is primarily to be utilized by visitors of the facility. The limited nature
of the retail commodities and the prices associated with those commodities make it unlikely that
they would attract travel trips from nearby residential properties. The increased limited retail and
restaurant activity is likely to decrease the number of trips from the facility by providing these
commodities on-site.
Utility Issues: The Utilities Department Staff has reviewed the petition and notes the following: the
project site is located within the Corkscrew Slough Basin according to the Collier County Drainage
Atlas. The water management requirements for the development of the PUD shall be in accordance
with the regulations of the Land Development Code of Collier County in effect at the time of
building pennit application. lmmokalee Water and Sewer District provides the water and sewer
infrastructure, and electric service is provided by Lee County Cooperative.
Zoning and Land Development Review Analysis: The subject property is designated
Recreationalffourist on the Immokalee Future Land Use Map of the Immokalee Master Plan. This
district is intended to provide centers for recreational and tourism activities that utilize the natural
environment as the main attraction. The permitted uses in this district include: passive parks,
nature preserves, wildlife sanctuaries and open spaces; marinas; transient lodging facilities
including hotel/motel, rental cabins, bed and breakfast establishments, campsites, and recreational
vehicles; low intensity retail; sporting and recreational camps; single family homes; and essential
services. Evaluations of the proposed uses contained in the Lake Trafford Mixed-Use PUD are in
synchronicity with the uses defined for the Recreationalffourist Land Use designation.
The property is currently developed as a marina, retail store, airboat tour facility, and RV camp-
ground. The property was incorrectly rezoned to Public Use District, in 1991 as part of the
countywide zoning reevaluation program. The rezoning to Public Use should have only included
the County-owned park which abuts the property to the west. The PUD rezoning request is sought
to align the zoning for the parcel with its present use, which, as noted, is currently non-conforming.
The dimensional standards and regulatory limitations incorporated within the PUD document will
adequately allow the zoning of the parcel to correlate to the existing use of the subject parcel. The
proposed PUD rezone will also create standards for the redevelopment of the parcel which are
appropriate to the natural features offered within the Lake Trafford environment, while further
fulfilling and expanding upon the purpose of the Recreationalffourist Land Use designation.
NEIGHBORHOOD INFORMATION MEETING:
The petitioner held a Neighborhood Information Meeting on July 22, 2002 that was attended by
County staff and the applicants. No members of the public attended the meeting.
- 9-
Agenda Item No. 17F
June 22, 2004
Page 13 of73
-,
ZONING AND LAND DEVELOPMENT REVIEW RECOMMEl\TJ>A TION:
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of
petition PUDZ-03-AR-2887 subject to the conditions of approval that have been incorporated in the
PUD document with the following deviation from the Land Oevelopment Code.
1. A deviation from Section 2.7.3.4.2. of the LDC to waive the PUO sunsetting requirement due
to the fact that the site is an existing facility and the PUD rezone is to establish the frame work for
any redevelopment of the property.
2. A deviation from Section 2.4.7.4.2. of the LOC to modify the Type "0" landscape buffer
requirement for the property where it abuts an external right-of-way.
;.-.
- 10-
Agenda Item No. 17F
June 22, 2004
Page 14 of 73
PREPARED BY:
~~
MIKE BOSI, AICP PRTNCIP AL PLANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
9-:27-0 V
DATE
REVIEWED BY:
I.f IZ'i /o{
DATE I
RAY BOWS, CillEF PLANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
SU N MURRAY, Alep, DIRECTOR
DEPARTMENT OF ZONING AND LAN
DEVELOPMENT REVIEW
ti10 J
APPROVED BY:
~-1~J
~
Petition PUDZ-2002-AR-2887
COLLIER COUNTY PLANNING COMMISSION:
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IV ~ I vUtC~
J .~, CHAIRMAN
rl1~,(~! Sh(p.)J UIU -ClfM'{,
- 11 -
Agenda Item No. 17F
June 22, 2004
Page 15 of 73
APPLICA TION FOR PUBLIC HEARING FOR: PUD REZONE
Date Received:
Planner Assigned: _ PUDZ-2002-AR-2887
PROJECT #2002070054
Commission District: DATE: 7/29/02
MIKE BOSI
Petition No.:
ABOVE TO BE COMPLETED BY STAFF
1 . General Information:
Name of Applicant(s): Ann & Edward Olesky
Applicant's Mailing Address: 6001 Lake Trafford Road
City: 1mmokalee
State: Florida
Zip: 34142
Applicant's Telephone #: (941) 657-2401 Fax #: (941) 658-2401
Name of Agent: Joe McHarris Firm: McHarris Planning & Design
Agent's Mailing Address: 9001 Highland Woods Boulevard, Suite #4
City: Bonita Springs
State: Florida
Zip: 34135
Agent's Telephone #: (941) 948-6688
Fax #: (941) 948-6689
Agent's E-Mail Address:joemcharris@msn.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-24001FAX (941) 643-6968
Aaenda Item No. 1i
PUD Rezo~ Apph~ 2~~ 02
Page 16 of 2
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary)
Name of Homeowner Association: N/A
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association: N/A
Mailing Address
City
State _ Zip
Name of Civic Association: N/A
Mailing Address
City
State _ Zip
2 . Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Ann Olesky
Edward Olesky
Percentage of Ownership
50%
50%
Aael1da. Item No. 17F
PUD Rezone )S.pphca!.'ffih~? ~'2e~4
Page 17 oflJf3
,,-
b. If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each.
Name and Address, and Office
Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage ofInterest
d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
-
Date of Contract:
PUD Rczo~!lpPlfJ~~~r !fc~R~
Page 18 ~3
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired (X) 1976-1989
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a
supplemental disclosure of interest form.
3. Detailed leeal description of the propertv covered bv the application: (If space is
inadequate, attach on separate page.) Ifrequest involves change to more than one zoning
district, include separate legal description for property involved in each district.
Applicant shall submit four (4) copies of a recent survey (completed within the last six
months, maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
Section: 35
Township: 46 South Range: 28 East
Lot: N/A
Block: N/A
Subdivision: N/A
Plat Book_N/A Page #:_N/A_ Property I.D.#:00054000001
Metes & Bounds Description:
Beginning at the East 1/4 corner of Section 35, Township 46 south,
Range 28 East, Collier County, Florida, run along the east section
line of Section 35, North 0035'40" West, 19.40 feet; thence South
89008'30" West, 465.13 feet; thence South 74051'00" West 112.80
feet; thence South 89014'20" West 706.44 feet; thence South
74007'30" West, 81.68 feet; thence North 89004'20" West, 105.13
feet; thence North 00058'50" 'Vest, 50.00 feet; thence South
89001 '10" West, 175 feet more or less to a point on the eastern shore
of Lake Trafford, said Point hereinafter being referred to as "Point
. B"; thence returning to the POINT OF BEGINNING ltbe Ea.s.t 1~ N.Q~~
PUD Rezo.rc~~~~H.m~J72Z' ~
Page 190 :3
corner), thence Soutb 0035'40" East, 161.24 fcct; tbence South
89001 '10" West 1084 feet; thence North 67030'00" West, 115.00 feet
more or less to tbe sboreline of Lake Trafford; tbence meander in a
northwesterly direction for a distance of 550 feet more or less along
the shoreline of Lake Trafford to "Point B", and the POINT OF
TERMINATION.
Less the following described property:
Commence at the East 1/4 corner of Section 35, Township 46 South,
Range 28 East, Collier County, Florida; thence North 00035'40"
West a distance of 19.4 feet; thence South 89008'30" West a distance
of 465.13 (eet; thence South 74051'00" 'Vest a distance of 112.80
feet; thence South 89014'20" West a distance of 706.44 feet; thence
Soutb 74007'30" West a distance of 81.68 (eet; thence North
89004'20" West a distance of 50.00 feet to the POINT OF
BEGINNING of the parcel of land hereinafter described; thence
continue North 89004'20" West a distance of 55.13 feet; thence
North 00058'50" West a distance of 50.00 feet; thence South
89001 '10" West a distance of 165.00 feet more or less to a point on
the shoreline of Lake Trafford, said point hereafter designated as
Point "A"; thence returning to the POINT OF BEGINNING, run
South 00058'50" East a distance of 20 feet more or Jess to the
shoreline of Lake Trafford; thence meander Westerly and
Northwesterly along aforesaid shoreline to Point "A" and the
POINT OF TERMINATION.
4 . Size of property: 5.3 acres.
5. Address/!!enerallocation of subject property: 6100 Lake Trafford Road, lmmokalee,
Florida; the property is located at the end of Lake Trafford Road on the south side.
6. Adiacent zonin!!: and land use:
Zoning Land use
N RT Undeveloped
S Low Residential Undeveloped
E Low Residential Undeveloped
W N/A LAKE
pun Rezo~gn1:~ibWm. ~"~2
wJune 2'2;": 6
Page 20 of ?3
Does the owner of the subject property own property contiguous to the subject property?
If so, give complete legal description of entire contiguous property. (If space is
inadequate, attach on separate page).
N/A
7 . Rezone Request: This application is requesting a rezone from the "P" Public Use zoning
district to the "PUD" zoning district(s).
Present Use of the Property: Marina, naturelfishing tours, boat rental and air boat
rides, R V camping and facilities, retail sales.
Proposed Use (or range of uses) of the property: In addition to a continuation of the
existing uses, it is proposed that the permitted uses be expanded to include nature
exhibits and ecotourismfacilities, transient lodging, andfood service.
8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development Code, staffs analysis and recommendation to the Planning
Conunission, and the Planning Conunission's reconunendation to the Board of County
Conunissioners shall be based upon consideration of the applicable criteria noted below.
Provide a narrative statement describing the rezone request with specific reference to the
criteria noted below. Include any backup materials and documentation in support of the
request.
Standard Rezone Considerations (LDC Section 2.7.2.5)
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and future land use map and the elements of the growth management
plan.
The rezoning of the property, to be known as the Lake Trafford Marina Mixed-Use
PUD, will be in compliance with the goals, objectives and policies of Collier County
as set forth in the Growth Management Plan. The commercial, residential and
recreational facilities will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives of the Growth
Management Plan for the following reasons:
. The subject property is located within the Recreationa/ITourist District of the
lmmokalee Area Master Plan, an element of the Collier County Growth
Management Plan. The purpose of this District is to.. provide centers for
recreational and tourism activity that utilizes the natural environment as the main
attraction. The permitted uses in this district include: Passive parks, nature
preserves, wildlife sanctuaries, and open spaces; museums, and culturalfacilities;
marinas; transient lodging facilities (including hotels/motels, rental cabins, bed &
breakfast facilities, campsites, RV facilities, sporting and recreational camps);
low-intensity retail; single-family residential; agriculture; and those essential
services as defined in the Land Development Code.
Aaenda.ltern. NO'ji~"
PUD Rezone'ApplICaJefliel~;U- 5
Page 21 0
· The project development is compatible and complementary to existing andfuture
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
· Residential density is permitted at a density of less than or equal to four (4)
dwelling units per gross acre in compliance with the ResidentialITourist District
of the lmmokalee Area Master Plan.
· Transient lodging is permitted at a maximum density of 26 units per acre in
compliance with the Residentia//Tourist District of the lmmokalee Area Master
Plan.
· Rezones are encouraged to be in the form of a Planned Unit Development with a
minimum acreage of two contiguous acres in compliance with the
Residential/Tourist District of the lmmokalee Area Master Plan.
· All final local development orders for this project are subject to the Collier
County Adequate Public Facilities Ordinance.
2. The existing land use pattern.
The property is currently occupied by a marina, retail store, and R V camping
facilities. To the west of the property is a large freshwater lake, Lake Trafford, which
supports fishing and boating for tourists and residents of the lmmokalee community.
A County-owned park and boat ramp are located immediately to the northwest of the
subject property. The areas to the north, south, and east of the suhject property are
currently used for low-density residential uses, agricultural purposes and cattle
ranching.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
The subject property was incorrectly rezoned to "P, " Public Use Zoning District, in
1991 as part of an area-wide rezoning. The rezoning should have only included the
County-owned park, as the "P" zoning district is only appropriate for publicly-
owned lands. The rezoning of the subject property will bring it into conformance
with the existing uses that are currently located on the site, and is an appropriate use
for land that borders a major recreational resource such as Lake Trafford The
proposed rezoning is also consistent with the Immokalee Future Land Use Map.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
The existing district boundaries are not appropriate for the ownership and use of the
property. The Public Use Zoning District is only for publicly-owned properties; the
subject property is under private ownership. The proposed rezoning will correct the
error that was made by the County in 1991.
-
5. Whether changed or changing conditions make the passage of the proposed
amendment (rezone) necessary.
PUD Rezort?~9~~~it~~J#?CI}~A~
Page 22 6flifj
The Immokalee Community is developing itself as a major nature tourism destination.
One of the primary tourism areas is Lake Trafford. currently undergoing an $18
million dollar restoration project. The development of the mixed-use marina PUD
will provide options for boating, fishing and nature tours of Lake Trafford. Pepper
Preserve will provide for nature tours of a pre-existing cattle ranch; both areas will
provide for tourism accommodations. In addition, Roberts Ranch, a turn-of the-
century cattle ranch, will be renovated into a working ranch and become a County-
owned museum. Tiu?se changed conditions in the community make it necessary to
provide for the zoning which can accommodate those uses.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The subject property is already developed and in use; while additional uses are
proposed under the PUD rezoning, the intensity of uses will not increase. Lake
Trafford is a community asset and the use of the area for ecotourism is in line with
the economic development program for the area and is a keystone to the
redevelopment of the community.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect
public safety.
The property is located at the end of Lake Trafford Road, with the County-owned
park at the terminus of the roadway. The roadway has sufficient capacity to support
the existing marina, the County Park and any proposed new uses.
8. Whether the proposed change will create a drainage problem.
The current use of the property is expected 10 remain; additional permitted uses or
redevelopment of the property will require the submittal of an appropriate drainage
plan to address new and pre-existing conditions.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas.
The property is located in an area that is surrounded by open space; the proposed
height, setback and lot coverage limitations will keep any redevelopment of the
property in scale with the surroundings.
10. Whether the proposed change will seriously affect property values in the
adjacent area.
The current use of the property as a marina has had a beneficial affect on the
surrounding properties, with the values of those properties increasing over the years.
PUD Rezo6}9.~f,li!~~t~~14~~A~
Page 23 of ~
~,
The properties surround the lake are low-intensity single-family or agricultural uses
on very large parcels; upgrading the subject property to include additional
compatible uses and increased development standards will continue to have a positive
impact on property values.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
The proposed change will be compatible the adjacent County park, and will provide
limited additional services and benefits to park users. The property to the north of
Lake Trafford Road is intended to be a nature tourism destination, which will add to
and complement the uses in the proposed PUD.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted witb tbe public welfare.
The rezoning of/he subject property to a mixed-use PUD to include the existing uses
as well as other compatible uses does not grant special privilege to an individual
owner, but recognizes the existing facility with an appropriate zoning category and
provides additional development standards to protect surrounding properties.
13. Whether there are substantial reasons why tbe property cannot be used in
accordance with existing zoning.
The existing Public Use Zoning District is intended only for publicly-owned property
or facilities. The property is privately owned, and the zoning category is
inappropriate for the nature and use of the property.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the county.
As previously 'mentioned, the proposed rezoning is consistent with the existing use of
the property and the goals and objectives of the Growth Management Plan. The
proposed list of permitted uses and development requirements will be compatible with
adjacent properties.
15. Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
There is no other zoning district for the proposed use in the Immokalee community.
The Recreational Tourist District designation of the Immokalee Future Land Use
Map is only located on the northeastern shores of Lake Trafford /0 take advantage of
this major recreational resource. The zoning is appropriate given the land use
designation and the unique location adjacent to Lake Trafford.
.-
Aael1da Iter;q NQ. ~~
PUD Rezone ^PPhca1.ffi'ne'~~
Page 240
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
The property is already in a developed state, and no additional clearing will be
necessary to accommodate the proposed uses.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
growth management plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance [Code cb. 106, art. II], as
amended.
The subject property will be developed in compliance with the Adequate Public
Facilities Ordinance. Water and sewer is existing on the property, provided by the
lmmokalee Water and Sewer District, and independent authority. Drainage for any
redevelopment will be provided to meet all county standards. Lake Trafford Road is
a dead-end facility at this location, with the only users being those for whom Lake
Trafford is the final destination.
18. Such other factors, standards, or criteria that the board of county commissioners
shall deem important in the protection of the public health, safety, and welfare.
The property owners have been active participants in the restoration of Lake
Trafford, which has suffered from algae blooms that have resulted in major fish kills.
The restoration effort has been fully funded, with dredging and clean-up work
scheduled over the next two years. When this effort is completed, Lake Trafford may
once again be marketed as a premier bass fishing lake as it once was historically.
The marina, along with Pepper Preserve to the north. may be marketed as a nature
tourism destination and provide an important element to the economic development
and redevelopment plan of the lmmokalee community.
PUD Rezone Considerations (LDC Section 2.7.3.2.5)
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and
access, drainage, sewer, water, and other utilities.
The subject parcel, with direct access to Lake Trafford, is suitable for the existing
marina and accessory uses. The additional uses proposed under the PUD rezoning
are compatible with the existing development and can be supported by the existing
infrastructure. Any redevelopment of the property will require a new water
management plan and evaluation of the capacity of existing utilities. The size of the
parcel limits the scale of uses on the property; consequently, Lake Trafford Road will
have sufficient capacity to support any proposed redevelopment.
PUD Rezo~S.9P1g~~~r~~A~
Page 25 of73
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and facilities
that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after consultation with the
county attorney.
The property is in single ownership, and will be maintained in accordance with the
PUD and County requirements. No roadways or common areas requiring
maintenance at the public expense will be constructed in conjunction with this
rezoning.
3. Conformity of the proposed pun with the goals, objectives and policies of the
growth management plan.
As previously discussed, the Lake Trafford Marina Mixed-Use PUD will be in
compliance with the goals, objectives and policies of Collier County as set forth in
the Growth Management Plan. The commercial, residential and recreational
facilities will be consistent with the growth policies, land development regulations,
and applicable comprehensive planning objectives of the Growth Management Plan
as listed below:
. The proposed rezoning is in conformance with the Immokalee Future Land Use
Map, which designates the parcel as part of the RecreationallTourist District.
. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
. Residential density is permitted at a density of less than or equal to four (4)
dwelling units per gross acre in compliance with the ResidentiallTourist District
of the Immokalee Area Master Plan.
. Transient lodging is permitted at a maximum density of 26 units per acre in
compliance with the ResidentiallTourist District of the Immokalee Area Master
Plan.
. Rezones are encouraged to be in the form of a Planned Unit Development with a
minimum acreage of two contiguous acres in compliance with the
ResidentiallTourist District of the lmmokalee Area Master Plan.
All final local development orders for this project will be subject to the Collier
County Adequate Public Facilities Ordinance.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
The proposed uses for the property are water-dependent and water-related uses, and
have been limited to uses that are appropriate for a tourism destination. The scale
and location of the parcel and its mixed-use nature does not require any additional
Aaenda Item NQ. ~~
PUD Rezone :lI.pp!Jca:mh~7 ~~
Page 26 0
buffering or screening requirements, nor does it require restrictions on the location
of improvements.
S. The adequacy of usable open space areas in existence and as proposed to serve
the development.
The property is directly abuts Lake Trafford, and is adjacent to a preserve area to the
south. The property boundaries include a portion of the drainage canal to the south,
which provides a buffer area and serves as usable open space. The area to the north
is the site of Pepper Preserve, which is also planned for development as an
ecotourism destination.
6. The timing or sequence of development for the purpose of assuring the adequacy
of available improvements and facilities, both public and private.
The parcel is already developed, and all necessary public and private infrastructure
is in place.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The location of the subject property, which is bordered by Lake Trafford and a
drainage canal, precludes any expansion of the development.
8. Conformity with pun regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such
modifications of justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
The proposed rezoning is in conformance with the following PUD rezoning
requirements:
· The project complies with the Future Land Use Element of the Growth
Management Plan.
· The subject property is under unified control.
· The subject property meets the minimum area requirementsfor PUD rezones.
· The proposed development will be compatible with surrounding areas.
· The development plan for the subject property will provide for safe and
appropriate relationships between on-site structures andfacilities.
· The permitted density is in conformance with the Growth Mcmagement Plan.
· The off-street parking and loading requirements will be in conformance with the
comparable requirements of the Collier County Land Development Code.
· The project provides usable . open space as required by the Land Development
Code.
· As the property is already developed, utilities and roadways are already in place.
· Signage on the property will be in accordance with the Land Development Code.
Aaenda.ltern.No.17i
PUD Rezone'1l.ppllcajeniEJ ~~r~
Page 27 b~7
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
The subject property is not subject to any existing deed restrictions.
10. Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing?
No public hearings have been held relative to the subject property within the past year.
11. Additional Submittal reQuirements: In addition to this completed application, the
following shall be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water
Sewer District, ifin Imrnokalee) ofa 24" x 36" conceptual site plan [and one reduced
8W' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet,
depicting the following [Additional copies of the plan may be requested upon
completion of staff evaluation for distribution to the Board and various advisory
boards such as the Environmental Advisory Board (EAB), or CCPe]; N/A
. all existing and proposed structures and the dimensions thereof, NI A
. provisions for existing andlor proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),N/A
. all existing andlor proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled];N1 A
. required yards, open space and preserve areas,N/A
. proposed locations for utilities (as well as location of existing utility services to
the site),N/A
. proposed and/or existing landscaping and buffering as may be required by the
County,N/A
a. An architectural rendering of any proposed structures.N/A
PUD Rezo~~~~g~Hh~~~w
Page 28 ~7~
b. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC), or a request for waiver if appropriate. See attached letter
requesting a waiver.
c. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet,
shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their
bounda.ries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and. Forms Classification System. Additionally, a
calculation of the acreage (or square feet) of native vegetation on site, by area, and a
calculation and location(s) of the required portion of native vegetation to be
preserved (per LDC Section 3.9.5.5.4.). No existing native vegetation existing.
d. Statement of utility provisions (with all required attachments and sketches); See
attached letter
e. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; See
attached letter requesting a waiver.
f. A historical and archeological surveyor waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting); See attached letter requesting a waiver.
g. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any
required state or federal permits.N/A
h. An electronic version of the PUD on a disk as part of this submittal package. See
attached disk.
PUD Rezon~~~~~ar~H~~~~~l~
Page 29 orctj
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST
1 . NAME OF APPLICANT: Ann and Edward Oleski
2 . MAILING ADDRESS: 6001 Lake Trafford Road
CITY Immokalee
STATE Fl ZIP 34135
3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): _Same as above
4. LEGAL DESCRIPTION:
Section: _35
Township: _48 south
Range: _28 east
Lot: _N/A_ Block: _N/A_
Subdivision:_N/A
Plat Book_N/A_ Page #:_N/A_ Property I.D.#:_00054000001
Metes & Bounds Description:
Beginning at the East 1/4 corner of Section 35, Township 46 south,
Range 28 East, Collier County, Florida, run along the east section
Jine of Section 35, North 0035'40" West, 19.40 feet; thence South
89008'30" West, 465.13 feet; thence South 74051'00" West 112.80
feet; thence South 89014'20" West 706.44 feet; thence South
74007'30" West, 81.68 feet; thence North 89004'20" West, 105.13
feet; thence North 00058'50" West, 50.00 feet; thence South
89001'10" West, 175 feet more or less to a point on the eastern shore
of Lake Trafford, said Point hereinafter being referred to as "Point
B"; thence returning to the POINT OF BEGINNING (the East 1/4
corner), thence South 0035'40" East, 161.24 feet; thence South
89001 '10" West 1084 feet; thence North 67030'00" West, 115.00 feet
more or less to the shoreline of Lake Trafford; thence meander in a
northwesterly direction for a distance of 550 feet more or less along
the shoreline of Lake Trafford to "Point B", and the POINT OF
TERMINATION.
Less the following described property:
Aaenda Item No. 17F
PUD Rezone Xpplicat!ffine;' ~~~~
Page 30P&f7S
Commence at the East 1/4 corner of Section 35, Township 46 South,
Range 28 East, Collier County, Florida; thence North 00035'40"
West a distance of 19.4 feet; thence South 89008'30" West a distance
of 465.13 feet; thence South 74051 '00" West a distance of 112.80
feet; thence South 89014'20" West a distance of 706.44 feet; thence
South 74007'30" West a distance of 81.68 feet; thence North
89004'20" West a distance of 50.00 feet to the POINT OF
BEGINNING of the parcel of land hereinafter described; thence
continue North 89004'20" West a distance of 55.13 feet; thence
North 00058'50" West a distance of 50.00 feet; thence South
89001'10" West a distance.of 165.00 feet more or less to a point on
the shoreline of Lake Trafford, said point hereafter designated as
Point" A"; thence returning to the POINT OF BEGINNING, run
South 00058'50" East a distance of 20 feet more or less to the
shoreline of Lake Trafford; thence meander Westerly and
Nor(hwesterly along aforesaid shoreline to Point "A" and the
POINT OF TERMINATION.
5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM xD
PROVIDE NAME _ lmmokalee Water and Sewer
d. PACKAGETREATMENTPLANT 0
(GPD capacity) SEPTIC SYSTEM 0
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME lmmokalee Water and Sewer
d. PRIVATE SYSTEM (WELL)
o
o
xD
o
7.
TOTAL POPULATION TO BE SERVED:
N/A
8 . PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK_N/A AVERAGEDAILY_N/A
B. SEWER-PEAK _N/A AVERAGE DAIL Y_N/A
Agenda Item No. 17F
PUD Rezone Applic~e12~aq~tpt2
Page 31 ~~g.e:37
~,"'-'
9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM. PLEASE PROVIDE THE DATE SERVICE IS EXPECTED
TO BE REQUIRED: _N/A
1 O. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specific statement
regarding the method of affluent and sludge disposal. If percolation ponds are to be used,
then percolation data .and soil involved shall be provided from tests prepared and certified
by a professional engineer. N/A
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is
located within the services boundaries of Collier County's utility service system, written
notarized statement shall be provided agreeing to dedicate to Collier County Utilities the
water distribution and sewage collection facilities within the project area upon
completion of the construction of these facilities in accordance with all applicable County
ordinances in effect at the at time. This statement shall also include an agreement that the
applicable system development charges and connection fees will be paid to the County
Utilities Division prior to the issuance of building permits by the County. If applicable,
the statement shall contain shall contain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systems. N/A
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is
to receive sewer or potable water services from any provider other than the County, a
statement from that provider indicating that there is adequate capacity to serve the project
shall be provided. See attached letter requesting a waiver as was discussed at the pre-
application meeting
Utility Provision Statement RJM IOf17I'J7
Agenda Item No. 17F
PUD Rezone Applica.1{me ~~~
Page 32 ~~
TRAFFIC IMP ACT STATEMENT (TIS):
See attached letter requesting a waiver
Agenda Item No. 17F
PUD Rezone Applicajernd ~~r200"lZ
Page 33 ljfgYSI
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4- 70- 02...
Date
AFFIDAVIT
Well, being first duly sworn, depose and say that well
am/are the owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter attached to
and made a part of this application, are honest and true to the best of our knowledge and belief
Well understand that the information requested on this application must be complete and
accurate and that the content of this form, whether computer generated or County printed shall
not be altered. Public hearings will not be advertised until this application is deemed complete,
and all required information has been submitted. "-
As property owner Weilfurther authorize ;I(bf;ph. me. rrrthrtrus
as our/my representative in any matters regarding this Petition.
to act
~~
~cu~
Signature of Property Own
ElJW71If!J 7( OLJ.J'k.Y
Typed or Printed Name of Owner
~~ C~~S'/( V
Typed or Printed Name of oWner
Theforegoing instrumen~was ~cknowledged before me this 'J..r).~ day of ~~:. Q ,
200~ by ~~...~: C\::~It<."\. . who is personally known to me or has produced
'\""~', >-_ ~.. "...."._ \.:....! ~as I entificatlon.
,,\ ;2,:,__ c\. \') ~,,;o.~ ~
State of Flori
County of Collier
(Signature of Notary Public - State of
Florida)
OFAOAL Nor AllY SEAL
SYLVIA ^ VlRDlN
NOTARY PUBUC sr ATE OF FLORIDA
COMMISSION NO. cC93S008
MY COMMISSION EXP. NE 2
(Print, Type, or Stamp Commissioned
Agenda Item No. 17F
PUD Rezone ApplicaticilJ ne &lall=~(b1.
Page 35'm ~
MEETING NOTES
COLLIER COUNTY
**** DEVELOPMENT SERVICES DEPARTMENT ****
TOPIC OF MEETING
TIME }, 1 :
'I r1M~k
(IJ f"'
NOTES BY
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DATE _'\ I~. ~-i"'
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ATTENDANCE(print n~ Cle~)
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KEY POINTS/UNDERSTANDINGS/CONCLUSIONS
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Agenda Item No. 17F
June 22. 2004
Page 36 of 73
fA lZ-t.
LAKE
LA~ e:
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8 JCI/C IoIotWIIIS 2002
Joseph M. McHarris.Inc, Hereby reserve rs common law copyright and oller propelly rIolllln lIIese plans. Ideas and designs. These ideas. d~ and plW are noIlO be reprodUCed. changed or copied in any
for.. or manner whatsoever, nor are lhe to be usignecllO Ill)' lhird perty. 'llill\Out written permiaslon from Joseph lot McHania.1nc. WriIen dimensicns on tlese ltewings shal have preoeden~ l1'Ief selIle
dimensions. Contract<lr sllaM verify and be r.sponsj~e lor II dimensions and CO/\diUons of 1he job and Joseph lot lokHurls. Inc slIaI be noliI'oed in wriling of any variations Irom 1he dinensicn. c:cndilio'u and
specifications shown by these hwings. All conslnlction sll.1 b.1n accord.nce 'IIi" II1e standard bUIding code (SBCC) lInd stale and local codes
SK
L-
PUD Master Plan
"
-:
_Legend
RA-Ramp
B- Buffer
D- Docks
M- Marina
C-Commercial
E-Educational
R -Recreational
L-Lodging
P-Parking
~ Access
.
McHarris
Project Name and Address Check
PLANNIN6 AND DESI6N
~OOI Highland Jooloo~ 81vc1. 5ul~ 4
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Sheet Name:
MIcrOSOIt J erra;:server Jnlage rage
rage 1 ot 1.
Hotmail Web Search Shopping Money Peop~~ Chat
"',.A \\'h!.,.aDehL\:e Spa Vacation! ~~~~;.I>F>'::'.:...~.'~.:~....~ ::......;".~~.::-...:~1
msn~~ msIJ,Y;. Health Plus DaJly DVD Winners < ~ ". .~,~~....?~.~ 1
wfth Wil\1D' & FREE Health AJerts.;:~' . ." J..,_ ;>'.;;\.~.l'i;~
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jHome Page I Free Newsletter I Help I Search
Buy I Sell Rent I Move
Find L .._..1 m;a
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Terra~~er
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USGS TOP9_~
01 Jul1985
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Advanced Find
Style: ~.!!lief ~ Ima~
Immokalee, Florida, United States 06 Jan 1999
,.. Zoom 16ma.1I11111 ~ ......
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http://terraserver.homeadvisor.msn.comlimage,asp?S=14&T=1 &X = 142& Y=913&Z=II1~ 03m/02
lnunokalee Water & Sewer District
1020 Sanitation Road
lnunokalee. Florida 34142
(941) 658-3630
FAX (941) 658-3634
. . "," .'~'.,_.'.'._ ....'..,.... . ".'.. :.:~.;.;::::::~:.:::~::..::.::~::.::.::: .... n'. ." .. .. _. ... .. . ..: .:. ~:::.,.:::.'.:.:.:< ;::.;.~~<::....." ,"-:." '_." ..... :::':::::::::::::;':::::::::::::::::::;:::;:~::::::::::'::;:;:::::::: :::::::::':<:::-:::~:::'~::::~::'
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May 30, 2002
Collier County
2800 N Horseshoe Drive
Naples FI 33942
To Whom It May Concern:
Inunokalee Water & Sewer District currently provides water and sewer
service to Lake Trafford Marina at 6001 Lake Trafford Road,
Inunokalee FL. 34142.
If you have any questions please call us at (941) 658-3630.
Eva J. Deyo
Executive Director
.......................
Agenda Item No. 17F
, June 22, 2004
Page 39 of 73
-
"
June 3, 2002
~
. Development SerVices
Dear Collier CoUn~ Planning Department
,I am requesting a waiver from the Environmental Impact Statement; the Traffic Impact
Statement and the Histori~al and Archaeological Assessment because 'the property is'
already developed with existing Uses. 'The site is approximately 5 acres that was zoned P
Public Use District as part of the Countywide rezone in .1991. That zoning district should
, have only extended to the county owned Lake Trafford Park and Pier and was mistakenly.
ap~lied to privately, owned property. The.property owner is seeking a PUD thatpe.rmitS
. the existing uses and allows for some new uses should redevelopment occur in the future. '
On behalf of the property owner ~~ resp'ectfully request a waiver from the abOve
requirements because the property is already developed and the rezone is initiated to
correct the zoning classification on the property. .;,'., .
ncerely,
J s~ph M. McHarris
cHarris Planning and Design
"
.
-
Agenda Item Nq. 17F
'. June 22, 2004
Page 40 of 73
't3l'.tt! Sl/ ." E .
EDIXON ENGINEERING of S.W. FLORIDA, INC.
CONSULTING ENGINEERS
CiYjl and Slructurgl...Ezucbuertnv - DfalfJl1V~ and [..and PlaMi1tlr- Sjlr [R\I~/ODm~flt tmd UrtlilV Duin
9001 Highland Woods Blvd. Unit 3
Bonita Springs, Florida 34135
(239) 949-0030
Fax. (239) 948-7486
Engineering Business 119159
E-Mail: eclixoneng@earthlink.nct
TRIP GENERATION REPORT
LAKE TRAFFORD MARINA pun
RESUBMITT AL
PUDZ- 20ll3-AR-2881
PROJECT # 2002070054
DATE: 5/28/2003
MIKE BOSI
EXISTING FACILITES:
PROPOSED FACILITIES:
Campground wi 64 camping I RV sites
(4 acres)
CampgroWld wi 34 camping I RV sites
(2 acres)
(16) 450 s.f. rental cottages
Marina wI 10 boat slips and 13 rental boats
for 23 slips total.
Marina wi 10 boat slips and 13 rental boats
for 23 slips total.
1,000 s,f. general store
1,150 s.f general store
I,SOO s,f. restaurant
1,500 s.f, marina sales retail
1,000 s.f. nature education center
caretakers residence
caretakers residence
Project description:
The proposed Lake Trafford Marina PUD covers 5.3 acres at the western end of Lake
Trafford road in lnunokalee. The proposed PUD is an effort to upgrade the existing
campground J marina facility and add associated retail facilities located to the existing
site. The goal of the project is to recapture some of the traffic leaving the site for
supplies and meals. The proposed PUD actually lowers the amount of available
campground sites in order to gain more onsite support facilities. The O'Mlcrs are willing
to give up some campsites in order to have additional space for retail facilities and a
restaurant. The end result of this will be more income from retail and restaurant sales.
The owners are also going to construct an onsite nature education center in order to
enhance the overall quality of the camping experience and give the patrons some
additional onsite activities. The desired effect would be to increase occupancy rates
while decreasing the offsite trips by the patrons during their stay. The number ofboat
slips for the existing marina will not increase. It should also be noted that a portion of the
marina traffic would also come from the campground patrons. Both uses are
interconnected as the major draw of the campground is fishing and boating on Lake
Trafford, The available campsites will be reduced from 64 to 34 and the campsite area is
being reduced from approximately 4 acres to approximately 2 acres, 16 rental cottages
are to be added to the site. There also is an existing caretaker's residence th~t will remain
on site
Land Use Category Descriptions: (Based on I.T.E. Trip Generation Manual, 6" Edition)
The land uses for the analysis will be Single Family Detached Housing (LUC 210),
Motel (LUC 320),Campground I Recreational V chicle Park (LUC 416) and Marina (LUC
420). The land use descriptions from the ITE Trip Generation Manual are as follows:
Single. Family Detached Housing
Single-family detached housing includes all single.family detached homes on
individual lots. A typical site surveyed is a suburban subdivision.
Agenda Item No. 17F
June 22, 2004
Page 41 of73
,-
Motel
Motels are places of lodging that provide sleeping accommodations and.often a
restaurant Motels g~erally offer free on-site parking and provide little or no meeting
space.
Campground / Recreational Vehicle Park
Campgrounds and recreational vehicle parks are recreational sites that accommodate
campers, trailers, tents, and recreational vehicles on a transient basis. They are found in a
variety of locations and provide a variety offacilities, often including rest rooms with
showers, recreational facilities such as a swinuning pool. a convenience $tore, and a
Laundromat.
Ma1';na __
The marinas included in this analysis were both public and private facilities. In
addition to docks and berths for boats, some of the sites surveyed also had social and
club activities, limited retail, and restaurants.
Assumptions:
This report is for comparison of the traffic before and after the proposed
improvements also to provide an estimate of the traffic generated by the proposed PUD.
The retail and restaurant uses were not used for the trip generations as the retail and
restaurant uses are listed as being accessory to the other uses in their descriptions and are
included in the studies on which the trip rates are based. For the purposes of this report,
no crossover in campground and marina traffic was considered, though there may be a
significant overlap. The two are assumed operate independently so as not to
underestimate the traffic counts, This should not have any effect on the comparisons
between the existing and proposed trip rates as no crossover was considered for either
condition. The caretaker's residence is modeled as a single family residence. The
number of trips would be reduced from the residence as the caretaker would work where
he lives, but an offsetting increase could be expected as additional trips that would
normally be taken from work would also be included. Average rates were used as they
yield better results for the smaller sample sizes encountered here. Please also note that
there was no directional data for some of the campground data and there was no data for
Saturday and Sunday peak hour of generation for the campground.
Agenda Item No. 17F
June 22, 2004
Page 42 of 73
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Conclusions;
Any increase in trip ends was slight and there were even some slight decreases during
some time periods. This is not an unreasonable result due to the large decrease in
campground spaces. The increase in commercial area should not have an effect, as it is
not the generator in this instance. People are unlikely to travel to the end of Lake
Trafford Rd. to go to a small store oflimited selection with resort prices. The purpose of
the additional retail and restaurant space is to act as a convenience to the campground and
marina patroD$. Even iftherc: were no reduction iA available lodging. we feel that you
would likely see a net decrease in actual trips (no matter what the lTE models predict)
due to the increased commercial and restaurant space. Additional facilities would have
the effect of keeping more of the patrons on site for a greater portion of their stay. As
mentioned in the project description. the objective of the PUD is to give up some sites in
order to maximize the economic potential of the site by having the patrons spend more of
their time on site.
k-'"
J eph J" onibassaro, P .E.
rida R<:gistereq Engineer # 50702
J (Ii {o~" .".
Agenda Item No. 17F
June 22, 2004
Page 47 of 73
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RDL"JA.'lCE NO. 04-_
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, 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 462728 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM "P" PUBLIC USE TO "POO" PLANNED UNIT
DEVELOPMENT KNOWN AS LAKE TRAFFORD MARINA MIXED-
USE PUD LOCATED ON LAKE TRAFFORD ROAD (C.R. #890), IN
SECI10N 35, TOWNSHIP 46 SOlITH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 5.3:t: ACRES; AND BY
PROVIDING AN EFFECflVE DATE.
WHEREAS, Joc McHarris, of McHarris Planning and Dcsign, represcnting Lakc Trafford Marina,
Inc., petilioned the Board or Counly Commissioners lO change the zoning c1assificalion or 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 35, Township 46
South, Range 28 East. Collier County, Florida, is changed from UP" Public Use to "POO" Planned Unit
Devclopmcnt in accordancc with the "Lakc Trafford Marina Mixed-Usc" PUD Documcnt, attached hereto
as EJlhibil "A" and incorporaled by rererence herein. The Orlicial Zoning ALias Map numbered 462728, a~
described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby anlended
accordingly.
SECfION TWO:
This Ordinance shall become errective upon tiling with the Departmenl or Slale.
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
A TrEST:
BY:
DONNA FIALA. ClWRMAN
DWIGHT E. BROCK, CLERK
Approved as to Farm
and Legal Sufficiency
MaIjorie M. Student
Assistant County Attorney
l'UOZ-2002-AR.2KK7. L~" '1r.ulorU M;uin. Mi...,d-Us.l'UO(\ll!/,p
Agenda Item No. 17F
June 22, 2004
Page 49 of 73
Lake Trafford Marina Mixed-Use PUD
A
PLANNED UNIT DEVELOPMENT
REGUL\ TIONS AND SUPPORTING MASTER PLAN GOVERNING THE LAKE TRAFFORD
MARINA, :\ PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE, OR SUCCESSOR ORDINANCE
PREPARED FOR:
Ann and Edward Olesky
PREPARED BY;
McHarris Planning & Design
Joseph M. McHarris, President
9001 Highland Woods Boulevard, Suite #4
Bonita Springs, FL 34135
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
5-20-2004
EXHIBIT "A"
Agenda Item No. 17F
June 22,2004
Page 50 of 73
List of Exhibits and Table
Statement 01' Compliance
Section I
Section II
Section III
Section IV
TABLE OF CONTENTS
PAGE
11
Property Ownership and Description
1-1
Project Development Requirements
2-1
Mixed Use Area Plan
3-1
Development Commitments
4-1
Agenda Item No. 17F
June 22, 2004
Page 51 of 73
LIST OF EXlllBITS AND TABLES
Exhibit A
PUD Master Plan
Exhibit B
Conceptual Development Plan
Page j
Agenda Item No. 17F
June 22, 2004
Page 52 of 73
STATEMENT OF COMPLIANCE
The development of approximately 5.3 acres of property in Collier County, Florida, as a Planned Unit
Development to be known as the Lake Trafford Marina Mixed-Use PUD, will be in compliance with the
goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The
recreational. commercial, and transient lodging facilities will be consistent with the growth policies, land
development regulations, and applicable comprehensive planning objectives of each of the elements of
the Growth Management Plan for the following reasons:
1.
The subject property is located within the RecreationaVTourist District of the lmmokalee Area
Master Plan, an element of the Collier County Growth Management Plan. The purpose of this
District is to provide centers for recreation and tourism activity that utilize the natural
envirorunent as the main attractions, The permitted uses in this District include: marinas,
transient lodging facilities including: hotels/motels, rental cabins, bed and breakfast
establishments, campsites, and recreational vehicles; low intensity retail, sporting and recreational
earn ps, single family homes and essential services. The permitted uses in this PUD are consistent
with the uses identified in the RecreationalfTourist District of the Immokalee Area Master Plan.
2.
The Lake Trafford Marina Mixed Use PUD consists of 5.3 acres of property that is currently
developed as a marina, boat tour operation, a commercial establishment for retail services, a
residence above the commercial facility and 64 campsites and accessory uses including a laundry
facility and docks. This establishment has been in existence for approximately 30 years. The
penllitted uses in the Lake Trafford Marina Mixed Use PUD are consistent with the
RecreationaVTourist District; however the density of camping/recreational vehicle site and/or
transient lodging uses, may not be consistent with that allowed in the RecreationaIffourist
Dis1riCt. Two policies in the Future Land Use Element (FLUE), in combination, provide for this
higher density and will guide the redevelopment of the camping/recreational vehicle component
of 1he PUD. Policy 5.9 of the FLUE provides that improved properties that have been
ree\aluated under the Zoning Reevaluation Program are considered consistent with the FLUE,
Policy 5.1 permits zoning changes for properties, zoned prior to January 1989 that have been
determined to be improved and consistent by policy, as long as the overall density or intensity is
not Illcreased. The Lake Trafford Marina Mixed Use PUD may continue its current operation and
ma) redevelop consistent with the permitted uses and intensities outlined in the PUD Document
but I he overall density and intensity of the activities of the project shall not be increased from its
current level.
3.
The project development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
4.
The project is compatible with adjacent land uses through the internal arrangement of structures,
the use of natural buffers, and the proposed development standards contained herein.
5.
The project development includes open spaces and natural features, which are preserved from
future development in order to enhance their natural features and to serve as project amenities.
6.
This rezone is in the fonn of a Planned Unit Development District with a minimum acreag~ of
two contiguous acres in compliance with the Recreationallfourist District ofthe Immokalee Area
Master Plan.
7.
All I~nal local development orders for this project are subject to the Collier County Adequate
PubEc Facilities Ordinance, as may be amended. Agenda Item No. 17F
June 22, 2004
Page 53 of 73
Page ii
~~
SHORT TITLE
"Lake Trafford Marina Mixed Use PUD"
"..-.-
Pageiii
Agenda Item No. 17F
June 22, 2004
Page 54 of 73
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
descri be the existing conditions of the property proposed to be developed under the project name
of the Lake Trafford Marina Mixed-Use PUD.
1.2 LEGAL DESCRIPTION
The subject property being 5.3 acres is described as:
Beginning at the East 1/4 comer of Section 35, Township 46 South, Range 28
East, Collier County, Florida, run along the east section line of Section 35,
North 0835'40" West, 19.40 feet; thence South 89808'30" West, 465.13 feet;
thence South 74851'00" West 112.80 feet; thence South 89814'20" West
706.44 feet; thence South 74807'30" West, 81.68 feet; thence North
89804'20" West, 105.13 feet; thence North 00858'50" West, 50.00 feet;
thence South 89801'10" West, 175 feet more or less to a point on the eastern
shore of Lake Trafford, said Point hereinafter being referred to as ''Point
B"; thence returning to the POINT OF BEGINNING (the East 1/4 comer),
thence South 0835'40" East, 161.24 feet; thence South 89801 '10" West 1084
feet; thence North 67830'00" West, 115,00 feet more or less to the shoreline
of Lake Trafford; thence meander in a northwesterly direction for a
distance of 550 feet more or less along the shoreline of Lake Trafford to
"Point B", and the POINT OF TERMINATION.
Less the following described property:
Commence at the East 1/4 corner of Section 35, Township 46 South, Range
28 East, Collier County, Florida; thence North 00835'40" West a distance of
19.4 feet; thence South 89808'30" West a distance of 465.13 feet; thence
South 74851'00" West a distance of 112.80 feet; thence South 89814'20"
West a distance of 706.44 feet; thence South 74807'30" West a distance of
81.68 feet; thence North 89804'20" West a distance of 50.00 feet to the
POINT OF BEGINNING of the parcel of land hereinafter described; thence
continue North 89804'20" West a distance of 55.13 feet; thence North
00858'50" West a distance of 50.00 feet; thence South 89801'10" West a
distance of 165.00 feet more or less to a point on the shoreline of Lake
Trafford, said point hereafter designated as Point "A"; thence returning to
the POINT OF BEGINNING, run South 00858'50" East a distance of 20 feet
more or less to the shoreline of Lake Trafford; thence meander Westerly
and Northwesterly along aforesaid shoreline to Point "A" and the POINT
OF TERMINATION.
Page 1-1
Agenda Item No. 17F
June 22, 2004
Page 55 of 73
.'...-
1.3 PROPERTY OWNERSHIP
The subject property is owned by Ann and Edward Olesky, 6001 Lake Trafford Road,
Imm,\kalee, Florida, 34142.
1.4 GE~ERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located on the east side of Section 35, Township 46 South, Range 28
East. The property is located on the south side of Lake Trafford Road at its terminus,
next to the County-owned Lake Trafford Park on the northeast side of the lake.
B. The zoning classification of the subject property prior to the date of the approval of the
PUD was "P," Public Use Zoning District. The subject property was incorrectly rezoned
from "A" Rural Agricultural Use District to Public Use District in the 1991 countywide
rezone. The Public Use District should have only included the County-owned Park, but
was also extended to include this property under private ownership. The current request
to rezone the property from the Public Use District to PUD, Planned Unit Development,
is necessary in order to reflect the ownership and use of the property.
1.5
PID'SICAL DESCRIPTION
,,-
The subject parcel is approximately 1,400 feet in length, and is approximately 160 feet at its
widest point. The parcel includes a drainage canal, which forms the southern and eastern
boundaries of the property. In addition, the parcel is bordered by Lake Trafford along its western
perimeter. Lake Trafford Road abuts the north property line. A County park and boat ramp is
located to the northwest ofthe subject parcel.
The parcel is already developed, and is currently occupied by a marina, retail store, boat
rental/airboat rides, RV camping facilities, and associated outbuildings.
1.6 PROJECT DESCRIPTION
As the subject parcel is already developed, this PUD document is intended to define the uses and
development standards for any new uses or redevelopment of the property. The entire 5.3 acre
pared identified on the PUD Master Plan, is intended to allow a limited mixture of commercial,
transient lodging and marina uses that are suited to the natural setting of Lake Trafford.
1.7 PROJECT NAME
This Ordinance shall be known and cited as the "Lake Trafford Marina Mixed-Use Planned Unit
Development Ordinance."
Page 1-2
Agenda Item No. 17F
June 22, 2004
Page 56 of 73
SECTION II
PROJECf DEVELOPMENT REQUIREMENTS
2.1 PURI)OSE
The purpose of this Section is to delineate and generally describe the project plan of the
devell)pment, relationships to applicable County ordinances, the respective land uses within the
project, as well as other project relationships.
2.2 GENI<:RAL
A. Regulations for the development of the Lake Trafford Marina Mixed-Use PUD shall be
in accordance with the contents of this Document, PUD-Planned Unit Development
District and other applicable sections and parts of the Collier County Land Development
Code, or successor ordinance, and the Immokalee Area Master Plan, and Collier County
Growth Management Plan in effect at the time of building permit application. Where
these regulations fail to provide developmental standards, then the provisions of the most
similar district in the Collier County Land Development Code, or successor ordinance,
shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in the Collier County Land Development Code, or successor ordinance, 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 Lake Trafford Marina Mixed-Use PUD shall become part of the
regulations that govern the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD, the provisions of other sections of the
Land Development Code, or successor ordinance, where applicable remain in full force
and effect with respect to the development of the land which comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Division 3.15, Adequate Public Facilities, of the Land
Development Code, as may be amended or superceded.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan.
B. I.~hibit "B" represents a conceptual development plan for the site. Exhibit "B" is provided
tl) give one representation of how the site may be developed based on the permitted uses in
So:ction 3.3 of the PUD Document.
2.4 DESCRIPTION OF LAND USE INTENSITY
For pllrposes of determining overall intensity the following Table depicts both existing and
propl1;ed uses for the site.
Page 2-1
Agenda Item No. 17F
June 22,2004
Page 57 of 73
.-
TABLE 1
LAND USE INTENSITY
Existiug Facilities:
Campground with64 campingIRV sites
Proposed Facilities:
Campground - 50 campingIRV sites.,
or
HoteVmotel, -32 units.,
or
Cabins, rental cottages- 32 units'"
or
Campground - 25 RV sites and 16 cabins..
Marina:
10 boat slips and 13 rental boats
23 tota I slips
Marina:
10 boat slips and 13 rental boats
23 total slips
1,000 sq. ft marina sales retail
(accessory use to marina)
1,000 sq. ft. general store
2,000 sq. ft, general store
2,000 sq. ft. restaurant
650 sq. ft. nature education center
Caretaker's Residence
Caretaker's Residence
Tour operations: airboat, rental boats,
guided trips.
Tour operations: airboat, rental boats,
guided trips.
· These are the maximum number of units for each type of transient lodgine facility.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for al1 or part of the
PUD, fmal plans of all required improvements shall receive approval of the appropriate
Collier County governmental agency to insure compliance with the PUD Master Plan, the
Collier County Subdivision Code and the platting laws of the State of Florida.
B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Any
division of the property and the development of the land shall be in compliance with
Division 3,2 of the Collier County Land Development Code, or successor ordinance, and
the platting Jaws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code, or
successor ordinance, when applicable, shall apply to the development of all tracts, or
parcels of land as provided in said Division. Site development plan approval shall be
obtained prior to the issuance of a building permit or other development order.
Page 2-2
Agenda Item No. 17F
June 22, 2004
Page 58 of 73
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land Development
Code. Section 2.7.3.5. of the Collier County Land Development Code, or successor ordinance.
Page 2-3
Agenda Item No. 17F
June 22,2004
Page 59 of 73
SECTION ill
MIXED-USE AREA PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the land uses as
designated on the PUD Master Plan.
3.2 PERMITTED COMMERCIAL USES AND TRANSIENT LODGING UNITS
The permitted transient lodging units shall include: hotel, motel, bed and breakfast
establishments, recreational vehicles, cabins, and campsites.
33 USESPERN.DTTED
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. Marina (4493)
2. Boat storage and docks (4493)
3. Boat rental, airboat, pontoon, excursion, sight seeing, ski do rental
(4489)
4. Charter boat (7999)
5. Tour guides (airboat, pontoon boat rides and land based nature tours)
(4489)
6. Restaurant shall be limited to a maximum of 2000 square feet
(5812,5813)
7. Retail sales shall be limited to a maximum of 2,000 square feet and may
include a mix of the following retail uses: variety stores (5331),
country general stores (5399), grocery stores, food stores (5411-5499)
apparel and accessory stores: 5611-5699, miscellaneous home
furnishings (5719), tape stores (5735), drug stores (5912), liquor stores
(5921), sporting goods stores (5941), book stores (5942), gift shop
(5947),
8. Hotels/motels, bed and breakfast establishments, camp sites, cabins,
recreational vehicles, transient lodging, recreational camps (7011,
7032, 7033) * Maximum number of units for each type of transient
lodging facility dictated by Section 2.4 ofPUD document
9. Boardwalks
10. Nature exhibits, animal and reptile exhibits (8422)
11. Amusement and Recreation services (7993, 7999)
B. Accessory Uses:
Uses and structures that are typically accessory and incidental to the uses
permitted as of right.
1. Boat maintenance and repair (4493).
2. Boat ramps.
Page 3-1
Agenda Item No. 17F
June 22, 2004
Page 60 of 73
3. Caretaker's residence.
4. Laundry facilities (7215).
5. Boat dealers (5551).
6. Fuel dealers (5983,5984)
3.4 DE\'ELOPMENT STANDARDS
A. MAXIMUM COMMERCIAL BUILDING SQUARE FOOTAGE IN THE PUD: 5,650
square feet
B. MINIMUM LOT AREA: 7,000 square feet.
C. MINIMUM LOT WIDTH: 100 feet.
D. MINIMUM YARDS:
(1) Front yard: 10 feet.
(2) Side yard: 7.5 feet.
(3) Rear yard: 10 feet. Boardwalks, docks, piers and associated structures shall be
permitted to encroach into the rear yard setback.
(4) Distance between principal structures: 10 feet.
E. MINIMUM FLOOR AREA: None.
F. MAXIMUM HEIGHT: 35 feet.
G. LOT COVERAGE: All impervious coverage shall be limited to 75% of the lot area.
H. OFF-STREET PARKING AND LOADING REOUIREMENTS: As required by Division
2.3, or successor provision, of the Collier County Land Development Code in effect at the
time of building permit application.
Page 3.2
Agenda Item No. 17F
June 22, 2004
Page 61 of 73
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development of
the project.
4.2 GENERAL
All 1';\cilities shall be constructed in strict accordance with the fmal site development plan, final
subd ivision plats (if any) and all applicable State and local laws, codes, and regulations applicable
to thi~ PUD in effect at the time of approval. Except where specifically noted or stated otherwise,
the standards and specifications of the Land Development Code, or successor ordinance, shall
apply to this project. The developer, his successor and assigns, shall be responsible for the
commitments outlined in this Document.
The developer, his successor or assignee, shall be bound by the Master Plan and the regulations of
the rUD, as adopted, and any other conditions or modifications as may be agreed to in the
rezoning of the property. In addition, any successor or assignee in title to the developer is bound
by the commitments within this Document.
4.3 PUD MASTER PLAN
A. Exhibit "A" represents the PUD Master Plan.
B. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common -areas in the
project.
4.4 SCH f:DULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET
PROVISION
A. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section
2.7.3.6 of the Collier County Land Development Code, or successor ordinance, based upon
the Land Use Table Intensity contained within this Document.
B. The property is currently developed therefore the provisions for commencement of
development are satisfied.
4.5 WATER MANAGEMENT
The water management requirements for the development of the PUD shall be in accordance with
the regulations of the Collier County Land Development Code, or successor ordinance, in effect
at the time of building penn it application.
Page 4-1
Agenda Item No. 17F
June 22, 2004
Page 62 of 73
4.6 UTIUTIES
The 1 mmokalee Water and Sewer District provides the water and sewer infrastructure. Electric is
provided by Lee County Cooperative.
4.7 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the construction of the
principal structure(s) except for a construction site office.
4.8 SIG~S
All ~igns shall be in accordance with Division 2.5 of the Land Development Code, or successor
ordil1:mce.
4.9 LANDSCAPING REQUIREMENTS
The :;ubject property is uniquely located adjacent to Lake Trafford, a County Park and boat ramp,
with undeveloped natural habitat on every side. To enhance the water views and to fit with the
natural surrounding the following landscaping is required:
For property adjacent to the Lake Trafford Road right-of-way: one tree shall be planted every 50
feet with a double row of hedges. In order to maintain an unobstructed water view and natural
habitat, the property adjacent to the canal shall be planted with one tree every 50 feet with no
hedg~ requirement.
Landscaping shall be provided in the off-street parking areas. One tree for every 10 parking
spaces shall be required in the parking areas.
4.10 TRANSPORTATION
A. All traffic control devices, signs, pavement markings and design criteria shall be in
nccordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum
....'tandards (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
I )evelopment Code, or successor ordinance.
B. j\rteriallevel 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
l1y Collier County, shall not be eligible for impact fee credits. All required improvements
~hall be in place and available to the public prior to the issuance of the first CO,
D. l\oad impact fees shall be paid in accordance with Collier County Ordinance 01-13, as
n mended, and Division 3.15 of the Land Development Code, as it may be amended.
E. J\II work within Collier County rights-of-way or public easements shall require a right-of-
,\ay permit.
Page 4-2
Agenda Item No. 17F
June 22,2004
Page 63 of 73
F, All proposed median opening locations shall be in accordance with the Collier County Access
~lanagement Policy (Resolution 01~247), as it may be amended, and the Land Development
C ode, as it may be amended. Collier County Transportation Department reserves the right to
modify or close any median opening existing at the time of approval of this PUD 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 ofa right inlright out
condition at any access point. Neither 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. ^ II internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent
developments shall be operated and maintained by an entity created by the developer. Collier
County shall have no responsibility for maintenance of any such facilities.
1. If any required turn lane improvement requires the use of existing County rights-of-way or
easements, compensating rights-of-way shall be provided without cost to Collier County as a
consequence of such improvement.
J, If, in the opinion of the Collier County Transportation Department, a traffic signal, or other
traffic control device, sign or pavement marking improvement within a public right-of-way
(1r 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.
4.11 ENVIRONMENTAL
A. This PUD shall be consistent with the Environmental Section of the Collier County Growth
Management Plan, Conservation and Coastal Management Element and the Collier County
Land Development Code, or successor ordinance, in effect at the time of final development
order approval.
B. This PUD shall comply with the guidelines and recommendations of the U. S. Fish and
Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission
(FFWCC) regarding potential impacts to protected species that are identified on site. A
I [abitat Management Plan for protected species that have been identified on site shall be
submitted to Environmental Services Staff for review and approval prior to final site
plan/construction plan approval.
C. i\ll exotic vegetation, as defmed by the County Land Development Code, or successor
ordinances shall be removed from the site, and the property owner shall be responsible for
:;ubsequent annual exotic vegetation removal.
D. ] r airboat traffic is determined to be detrimental to bald eagle nesting activity, restrictions on
1 he distance airboats are allowed in relation to eagle nests may be required, in accordance
with the guidelines and/or recommendations of the U.S. Fish and Wildlife Service.
E. Within 90 days of approval of the PUD, signs shall be posted at the Marina or at the adjacent
public parklboat launch facility to educate the public about bald eagles. These signs shall be
Agenda Item No. 17F
June 22,2004
Page 4-3 Page 64 of 73
~ubmitted to the Collier County Environmental Services Department Staff for review and
;lpproval prior to posting.
Page 4-4
Agenda Item No. 17F
June 22, 2004
Page 65 of 73
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REZONE FINDINGS
PETITION PUDZ-2002-AR-2887
Division 2.7.2.5. of the Collier County Land Development Code requires that the report
and recommendations of the Planning Commission to the Board of County
Commissioners shall show that the Planning Commission has studied and considered the
proposed change in relation to thc following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives,
and policies and Future Land Use Map and the elements of the Growth
Management Plan.
Two policies in the Future Land Use Element (FLUE) dictate the evaluation of
the proposed PUD rezone. Policy 5.9 of the Future Land Use Element provides
that improved properties that have been reevaluated under zoning reevaluation
program are considered consistent with the FLUE. Policy 5.1 permits zoning
changes for properties, zoned prior to January 1989 that have been determined to
be improvcd and consistent by policy, as long as the overall dcnsity or intensity is
not increased. Staff has reviewed the proposed request and based upon the
permitted uses and intensities outlined in the PUD document has found the
request consistent with both Policy 5.1 and 5,9 of the FLUE.
~...,........
2.
The existing land use pattern.
The subject property is currently developed with a marina, general retail store,
and RV camping facilities. The subject parcel has been in existence for over
thirty years. To the west of the property sits a County-owned park and boat ramp,
which abuts a large freshwater lake, Lake Trafford. The lake supports fishing and
boating recreational activities. South of the property is a canal which provides
access to Lake Trafford. The areas to the north and east of the subject property
are currently used for agricultural purposes.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
The Lake Trafford Mixed-Use PUD is of sufficient size that it will not result in an
isolated district unrelated to adjacent and nearby districts. It is also consistent with
expected land uses by virtue of its consistency with the FLUE.
4. Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
As notcd within this staff report, the propcrty was incorrectly rezoned in 1991 by
the County as Public. The Public Use Zoning District is only for public-owned
properties. This property is privately owned and the rezoning request is to grant
- 1 -
Agenda Item No. 17F
June 22, 2004
Page 68 of 73
consistency between ownership and use of the property with the zoning
regulations.
5. Whether changed or changing conditions make the passage of the proposed
amendment (rezone) necessary.
The zoning of the subject property was incorrectly zoned Public Use during the
1991 County-wide zoning re-evaluation program. This zoning designation has
presented a banier to any change in use or redevelopment of the property. The
rezoning request is to correct that mistake and allow for the enhancement of the
property's potential within the lmmokalee Recreationalffourist District.
6. Whether the proposed change will adversely influence living conditions in
the neighborhood.
The subject property is already developed and in use. The rezone petition will
allow for additional uses, but will not increase the intensity of uses on the
property. The proposed rezone will add to the nature tourism amenity the
lmmokalee area is attempting to promote.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding
land uses, because of peak volumes or projected types of vehicular traffic,
including activity during construction phases of the development, or
otherwise affect public safety.
The property is located at the end of Lake Trafford Road, with the County-owned
park at the terminus of the roadway. The petition has been evaluated by
Transportation staff and the Lake Trafford Road has been determined to contain
sufficient capacity to accommodate the uses allowed within the rezone.
Additionally, with the expansion of the commercial uses overnight visitors will
not be forced onto the road network to provide for convenience items,
8. Whether the proposed change will create a drainage problem.
The Land Development Code specifically provides the development standards
that are designed to reduce the risk of flooding on nearby properties.
Redevelopment of the property under the guidelines contained within the PUD
document and the regulations contained in the Land Development will ensure that
the water management for the subject property and the surrounding land uses are
maintained at an acceptable level.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas.
- 2-
Agenda Item No. 17F
June 22, 2004
Page 69 of 73
The subject property is located in an area that is surrounded by open space, The
proposed dimension standards relating to height, building setback and lot
coverage will ensure the property will maintain the scale of the surrounding area.
10. Whether the proposed change will adversely affect property values in the
adjacent area.
Redevelopment of the subject parcel is anticipated to have a positive relationship
to the surrounding properties. Staff feels the increased recreational and tourism
based activities expected from the rezone will add to the overall perception of the
Lake Trafford Area.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
The proposed change will be compatible with the adjacent park to the west, and
will provide additional services and benefits to the park users. The property to the
north of Lake Trafford Road is anticipated to be a nature tourism destination,
which will compliment the type of services proposed by the PUD rezone.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
With the existing marina, limited commercial and RV facilities on the property,
the rezoning of the property does not grant a special privilege to the owner, but
rather offers recognition of these uses and brings the zoning of the subject site in
harmony with the use.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
The existing Public Use zoning designation for the property is intended for
publicly-owned property or facilities. The property being privately owned is not
compatible with the present zoning designation.
14. Whether the change suggested is out of scale with the needs of the
neighborhood or the County;
The proposed uses contained within the PUD document are directed to take
advantage of the natural setting presented by Lake Trafford and conform to the
intent of the lmmokalee Recreationalffourist Land Use designation.
15. Whether it is impossible to imd other adequate sites in the County for the
proposed use in districts already permitting such use.
- 3 -
Agenda Item No. 17F
June 22, 2004
Page 70 of 73
The proposed rezone falls within the Recreational(fourist Land Use designation
of the Immokalee Future Land Use Map. The Lake Trafford location is ideal for
the type of uses proposed by the PUD rezone request.
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
With the existing uses in place for the subject parcel, no additional clearing will
be required to accommodate the uses proposed within the PUD.
17. The impact of development on the availability of adequate public facilities
and services consistent with the levels of service adopted in the Collier
County Growth Management Plan and as dermed and implemented through
the Collier County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and they have found it consistent with the GMP. The
conditions of approval have been incorporated into the PUD document. Staff
reviews for adequacy of public services and levels of service determined that
required infrastructure meets with GMP established relationships. The proposed
change will have no affect upon those conditions.
- 4 -
Agenda Item No. 17F
June 22, 2004
Page 71 of 73
,..-..
FINDINGS FOR PUD
PUDZ-2002.AR.2887
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission
to make a finding as to the PUD Master Plan's compliance with thc following criteria:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and
access, drainage, sewer, water, and other utilities.
The existing facilities on the subject parcel, with direct access to Lake Trafford Road,
have been preset for over thirty years and have helped define the pattern of development
for the local area. The additional uses proposed by the Lake Trafford Mixed-Use PUD
are compatible and complimentary to the existing development. Redevelopment of the
property will be subject to the Site Development Plan process dictated by the Land
Development Code and the access, drainage, water and other utilities which service the
parcel will be required to adequately meet any new demands the redevelopment would
exact upon these systems.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those proposed,
particularly as they may relate to arrangements or provisions to be made for the
continuing operation and maintenance of such areas and facilities that are not to be
provided or maintained at public expense.
Documents submitted with the application provide evidence of unified control. No
roadways or common areas requiring maintenance are authorized under the provisions of
the Lake Trafford Mixed-Use PUD.
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan.
The proposed rezoning is in conformance with the Immokalee Future Land Use Map,
which designates the parcel as part of the RecreationaltTourist District. The project is
compatible to existing and future surrounding land uses as required in Policy 5.4 of the
Future Land Use Element. Also. two policies in the Future Land Use Element will
guide the future redevelopment of this PUD. Policy 5,9 of the Future Land Use
Element provides that improved properties that have been reevaluated under zoning
reevaluation program are considered consistent with the FLUE. Policy 5.1 permits
zoning changes for properties, zoned prior to January 1989 that have been determined
to be improved and consistent by policy, as long as the overall density or intensity is not
increased. The proposed action has been found to satisfy both components of the
FLUE.
- 1 -
Agenda Item No. 17F
June 22, 2004
Page 72 of 73
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
The proposed uses for the property are water-dependent and water-related uses, and have
been limited to uses that arc appropriate for a tourism destination. The Dimension
standards within the PUD document will ensure the open space and recreation
characteristics of the area are maintained.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The motivation for the Lake Trafford Mixed-Use PUD rezone is to create a commodity
which offers open space and the natural environment as its primary commodity. With
the natural features offered by Lake Trafford adequacy of usable open space is ensured
and the proposed uses are believed to be complementary to these natural features.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Given the fact that the subject parcel is currently developed, the timing or sequence of
development in light of concurrency requirements is not a significant problem.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The subject parcel, bordered by Lake Trafford and a drainage canal is precluded from
expansion beyond its current parcel boundaries. The area to the north of the parcel is
the site of the Peppers Preserve, which does contain opportunities to expand the
Recreationalffourism activities contained within the localized area.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
The proposed PUD rezone application will comply with all of the regulations pertaining
to Planned Unit Developments for the County. The one deviation from these
requirements relates to the Section 2.7.3.4.2. Sun setting. Due to the existing
development upon the subject parcel, staff does not believe this provision of the code
relating to PUD is applicable. The motivation behind the requested rezone is to align
the use of the property with the zoning of the property and to allow for eventual
redevelopment of the parcel, an aspect that could not take place based upon the current
zoning district that was incorrectly prescribed to the parcel by the County,
- 2-
Agenda Item No. 17F
June 22, 2004
Page 73 of 73
"'!f'!i'!"........
,-
EXECUTIVE SUMMARY
CU-2003-AR-4997, R. J. Ward, P.E., of Spectrum Engineering, Inc., representing Bishop
John J. Nevins and the Catholic Archdiocese of Venice reqnests Conditional Uses 2 and 3
of the Residential Single Family (RSF) Zoning District for a church, school, gymnasium,
and accessory uses per LDC 2.2..4.3. The property is located at 2760 5200 Terrace S.W.
Golden Gate Unit 6, Blocks 204 and 205. Property is in Section 28, Township 49 South,
Range 26 East, Collier County, Florida. This property consists of 6.2:i: acres
OBJECTIVE:
Staff is requesting that the Board review staffs findings and recommendations along with the
recommendations of the CCPC regarding the above referenced Conditional Use petition and
render a decision regarding the petition.
CONSIDERATIONS:
_.
The Petitioner requests Conditional Uses "2" and "3" of the Residential Single Family (RSF-3)
Zoning District to allow for a multipurpose activity center to be added to the existing school and
church facility. As noted, the church and school facilities are existing Conditional Uses. The
multipurpose activity center will include a cafeteria/auditorium, gymnasium and four additional
classrooms. The parcel is currently occupied by a school, church facility, parking lot, and
playground. The church facility on the parcel is not utilized for regular church services, but for
special events and other church related functions. The location of the activity center will be
within the interior of the school/church parcel. The activity center is intended to accommodate
the related activities of the existing school and church, and does not represent an expansion of
the school enrollment
The church facility and school have existed on the parcel since 1986 and have anchored the
development of the surrounding area. The parcel is surrounded by residential development on
the north, east and west boundaries of the property. To the south, the parcel is bordered by the
new St. Elizabeth Seton Church and residential development. The activity center will be
required to be architecturally compatible with the existing buildings on the parcel and will be
spatially located within the interior of the parcel. This location decision will mitigate the impact
of the proposed addition upon the surrounding zoning districts and properties.
The Conditional Use request is seeking a deviation from Section 2.6.11.4.2. of the LOC. This
section requires that a wall be constructed whenever a non-residential use lies opposite a
residential use. A hedge currently buffers portions of the parcel's boundaries. A proposed
condition of approval attached to the resolution is for the property to maintain a continuous Type
"D" buffer for the parcel boundaries. This increased landscaping requirement will serve in lieu
,-
Page 1 of 3
Agenda Item No. 17G
June 22, 2004
Page 1 of 55
of the wall requirement, and will further add to the compatibility with the surrounding residential
uses through the increase of vegetation and shielding provided by the landscape buffer.
FISCAL IMPACT:
This rezoning will have no fiscal impact on Collier County. However, the development of the
property will result in future fiscal impact on County public facilities. The County collccts
impact fees prior to the issuance of building permits to help offset the impacts of each new
development. The following impact fees are estimates that may be applicable to this project:
· Park Impact Fee:
. Libraries Impact Fee:
· Fire Impact Fee:
· Road impact Fee:
. Correctional Facility:
· EMS Impact Fee:
. Schools:
· Water & Sewer
Estimated Total
$NA
$NA
$3450.00
$NA
$1838.85
$NA
$NA
$TBD
$5288.85
All the other impact fees are per student, and since there are no additional students being added
there are no additional fees. Water and sewer impact fees would be determined at a later date, if
they apply.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only, they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
The subject property is designated Urban (Urban-Mixed Use District, Urban Residential
Subdistrict) and is located within an Activity Center Residential Density Band. Relevant to this
petition, the Residential designation permits non-residential uses including community facilities
such as churches, group housing uses, cemeteries, schools and school facilities co-located with
other public facilities such as parks, libraries, and community centers, where feasible and
mutually acceptable. Since a church and school is recognized as a Conditional Use of land in
residentially designated areas, this Conditional Use request has been determined to be consistent
with the Future Land Use Element of thc Growth Management Plan (GMP). Furthermore, the
addition of the activity center will not generate additional site trips or impact the level of service
on any County roadway. Therefore this petition is consistent with policies 5.1 and 5.2 of the
Transportation Element of the GMP.
Page 2 of 3
Agenda Item No. 17G
June 22,2004
Page 2 of 55
ENVIRONMENTAL ISSUES:
The environmental staffs analysis indicates that the subject property consists of an existing
church, school, playground and related facilities, bordered on all sides by roadways. There are no
environmental issues associated with the project.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The church and school are existing facilities, and the site has been altered through past usage.
Based upon these facts the Environmental Advisory Council did not review this petition.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This petition was heard at the June 3, 2004 CCPC meeting. The Commission motioned to
fOlWard petition CU-2003-AR-4997 with a recommendation of approval, subject to the
conditions attached to the resolution with the deletion of staff suggested conditions relating to
site clearing and environmental permitting due to these suggested conditions were duplicating
regulations contained within the Land Development Code. The MOTION PASSED UNANIMOUSLY.
STAFF RECOMMENDATION:
Staff recommends approval of Petition CU.2003.AR.4997 with the following conditions
attached to the Resolution as modified by the Planning Commission recommendation:
1. The Department of Zoning and Land Development Review 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 approval, or major changes to the approved plan, 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 No. 91-102.
2. A Type "0" landscape buffer shall be provided in lieu of the masonry or concrete wall
required by Subsection 2.6.11.4.2.
-
Page 3 of 3
Agenda Item No. 17G
June 22, 2004
Page 3 of 55
--
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMiSS,ONERS
17G
Th:s ;t(j:T) requires th;.~t i:tl: pc.rt;cipi.\nt~ t.i6 ~w,-1m ;n and F;X parte d:s\.~losure be
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Agenda Item No. 17G
June 22, 2004
Page 4 of 55
Co~er County
.....,....=-~~---~.::::;..~...:=---.;::...---==---...J
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JUNE 03, 2004
SUBJECf: PETITION CU-2003-AR-4997 ST. ELIZABETH SETON SCHOOL GYMNASIUM
COI\TOITIONAL USE
PROPERTY OWNER/AGENT:
OWNER:
John J. Nevis, as Bishop of the Diocese of Venice
1000 Pine brook Road
Venice, FL 34219
AGENT:
R.J . Ward, P .E.
Spectrum Engineering, Inc.
1342 Colonial Blvd., #31
Fort Myers, FL 33907
REOUESTED ACTION:
The Petitioner requests Conditional Uses "2" and "3" of the Residential Single Family (RSF-3)
Zoning District to allow for a multipurpose activity center to be added to the existing school and
church facility. The multipurpose activity center will include a cafeteria/auditorium, gymnasium
and four additional classrooms.
GEOGRAPHIC LOCATION:
The subject property is located in Golden Gate City, approximately 0.9 miles north of Golden
Gate Parkway, bordered by 17th Avenue S.W., 52nd Terrace S.W., 28th Avenue S.W., and 53rd
Terrace S.W., in Section 28, Township 49 South, Range 26 East.
Staff Report AR-4997
May 20. 2004 CCPC
Agenda Item No. 17G
June 22, 2004
P~-ge!6 of 55
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Staff Report AR-4997
May 20. 2004 CCPC
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DESCRIPTION OF PROJECT:
The petitioner is requesting Conditional Use approval on the subject 6.2-acre site for a
multipurpose activity center to be added to the existing school and church facility. The parcel is
currently occupied by a school, church facility, parking lot, and playground. The church facility
on the parcel is not utilized for regular church services, but for special events and other church
related functions. The regular St. Elizabeth Seton Church services are housed in a new church
structure located SOll.th of the subject parcel within the Founders Plaza Planned Unit Development
(PUD). The multipurpose activity center will include a cafeteria/auditorium, gymnasium, and
four additional classrooms. This structure will also contain other church related uses such as
church offices, meeting rooms, and a gymnasium. The location of the activity center will be
within the interior of the school/church parcel, as depicted on the conceptual site plan provided on
the previous page. The activity center is intended to accommodate the existing school and
church, and its related activities, and does not represent an expansion to the project enrollment.
St. Elizabeth Seton School has a capacity of 292 students from pre-kindergarten through eighth
grade. The actual attendance for the 2003-04 school year is 286. No change to the access to the
site is requested by this Conditional Use, In addition, the application is requesting a deviation
from the wall and fence requirement of Section 2.6,11.4.2 of the Land Development Code (LDC),
stating that recently completed improvements on the site are incompatible with this requirement
and that the existing hedge provides for the visual barrier intent of this section. The applicant has
provided a neighborhood petition which supports this deviation. The petition has been attached as
an exhibit to the staff report.
The Residential Single Family (RSF-3) Zoning District is described in LDC Section 2.2.4. as
follows:
2.2.4.1.Purpose and intent. The purpose and intent of the residential single-family districts
(RSF) is to provide lands primarily for single-family residences. These districts are intended
to be single-family residential areas of low density. The nature of the use of property is the
same in all of these districts. Variation among the RSF -1, RSF -2, RSF -3, RSF -4, RSF -5 and
RSF -6 districts is in requirements for density, lot area, lot width, yards, height, floor area,
lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve
the immediate needs of the single-family residential development in the RSF districts such
as governmental, educational, religious, and noncommercial recreational uses are pennitted
as conditional uses as long as they preserve, and are compatible with the single-family
residential character of the RSF district[s]. The RSF districts correspond to and implement
the urban mixed use land use designation on the future land use map of the Collier County
growth management plan. The maximum density permissible in the residential-single-
family districts and the urban mixed use land use designation shall be guided, in part, by the
density rating system contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in a district shall not
exceed the density permissible under the density rating system, except as permitted by
policies conmined in the future land use element.
The Residential Single Family (RSF-3) Zoning District provides for churches and houses of
worship and schools as Conditional Uses in LDC Section 2.2.4.3. as follows:
Staff Report AR-4997
May 200 2004 CCPC
Agenda Item No. 17G
June 22,2004
P~!8 of 55
2.2.4.3. Conditional uses. The following uses are permissible as conditional uses in the
residential single-family districts (RSF), subject to the standards and procedures established
in division 2.7.4.
2. Churches and houses of worship.
3. Schools, public (RSF-l, 2, and 4 zoning districts only, effective only through
January 30,2004) and private.
SURROUNDING LAND USE & ZONING:
SUBJECT:
Existing School and Church; zoned RSF-3
SURROUNDING:
West:
Existing Residences; zoned RSF-3
Existing Residences and Church Rectory; zoned RMF-12
Existing Church and Residences; zoned RMF-12 & Founders
Plaza PUD
Existing Residences; zoned RMF-3
North:
East:
South:
GROWTH MANAGEMENT PLAN CONSISTENCY:
In a memo dated November 10, 2003, Comprehensive Planning staff offered the following
comments:
The subject property is designated Urban (Urban-Mixed Use District, Urban Residential
Subdistrict) and is located within an Activity Center Residential Density Band. Relevant to this
petition, the Residential designation permits non-residential uses including community facilities
such as churches, group housing uses, cemeteries, schools and school facilities co-located with
Agenda Item No. 17G
June 22, 2004
P~19 of 55
Staff ReJXlrt AR-4997
May 20, 2004 CCPC
,-
other public facilities such as parks, libraries, and community centers, where feasible and
mutually acceptable.
Based upon the above analysis, staff concludes the proposed gymnasium, school, and accessory
uses may be deemed consistent with the Golden Gate Area Master Plan and Golden Gate Area
Master Plan Future Land Use Map (GGAMP/FLUM).
ANALYSIS:
Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning
Commission shall make a finding that the granting of the Conditional Use will not adversely
affect the public interest and that the specific requirements governing the individual Conditional
Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have
been made concerning the following matters, where applicable:
1. Consistency with the Land Development Code (LDC) and the Growth Management Plan
(GMP).
Since a church and school is recognized as a Conditional Use of land in residentially
designated areas, this Conditional Use request has been determined to be consistent with the
Future Land Use Element of the Growth Management Plan. Staff has included conditions of
approval of this Conditional Use petition to ensure compliance with the LDC, and additional
stipulations or conditions may be added during Site Development Plan (SDP) review to
further ensure compliance with all provisions of the LDC. The Conditional Use request is
seeking a deviation from Section 2.6.11.4.2. of the LOC. This section requires that a wall be
constructed whenever a non-residential use lies opposite a residential use. The section does
provide relief from the wall requirement if an alternative design is found to satisfy the
buffering intent of the wall requirement.
2. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
The church and school facilities are existing uses. Access to the parcel is currently provided
off 53cd Terrace S.W., 27th Avenue S.W. and 28th Avenue S,W. The Conditional Use
application has proposed no alteration to the current access points to the parcel. The location
of the new activity center will occupy space currently utilized as a parking lot. The new
spatial arrangement of the site, with the addition, has been evaluated by the Transportation
Department and Emergency Management. Both departments have indicated that traffic flow
and control, emergency access, and pedestrian safety will be maintained..at an acceptable level
by the proposed design. The parking spaces provided within the proposed design will still
satisfy the parking requirement of the Land Development Code.
The Traffic Impact Statement (TIS) submitted with this petition indicates that the existing
school generates 394 auto trips on a weekday.
Staff Report AR-4997
May 20, 2004 CCPC
Agenda Item No. 17G
June 22, 2004
~tro of 55
3. The effect the Conditional Use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
The request is to add an activity center to the existing facilities. The proposed addition is not
expected to increase the noise, glare, odor, or economic effect of the existing use. The
addition will allow the school to provide a dedicated area indoors for activities that currently
take place outdoors on the site. This fact may possibly reduce the level of noise generated by
the existing site. The activity center will be required to be architecturally compatible with the
existing buildings on the parcel and will be located within the interior of the pan...-el. The
interior placement and aesthetic compatibility will ensure that the proposed addition does not
have a negative economic effect upon the surrounding area.
4. Compatibility with adjacent properties and other property in the district.
As noted, the school and church facility are existing uses. The church facility and school have
existed on the parcel since 1986 and have anchored the development of the surrounding area.
The parcel is surrounded by residential development on the north, east and west boundaries of
the property. To the south, the parcel is bordered by the new St. Elizabeth Seton Church and
residential development. The petition is seeking to add an activity center to the interior of the
parcel. This location decision will mitigate the impact of the proposed addition upon the
surrounding zoning districts and properties. A hedge currently buffers portions of the parcel's
boundaries. A proposed condition of approval attached to the resolution is for the property to
maintain a continuous Type "0" buffer for the parcel boundaries. This increased landscaping
requirement wi1\ further add to the compatibility with the surrounding residential uses through
the increase of vegetation and shielding provided by the landscape buffer.
CONDITION DISCUSSION:
Staff has recommended conditions to be attached to any approval for this petition. The conditions
are addressed below:
Condition #1 allows staff limited discretion to recognize and provide administrative relief for
minor differences in site design, while prohibiting any intensification of the use. Condition #2
requires preservation of any historic or archaeological artifacts that may be found during the
excavation. Condition #3 pertains to the environmental regulations which will be required of the
project at the time of SDP submittal. Condition #4 requires that a type "0" buffer will provide for
the visual screening of the use in lieu of the required wall. This condition is supported by staff
and, by evidence of the attached petition, by a majority of the surrounding property owners.
NEIGHBORHOOD INFORMATION MEETING:
Judy Mankowski, President (of the) Capital Campaign of St. Elizabeth Seton School, facilitated the
required NIM on January 7, 2004. The meeting was held at the St. Elizabeth Seton Parish Hall at 5:30
P.M. Ms. Mankowski and county staff were present to greet school team members that walked through.
but had no specific questions. There were no public attendees or registered opponents to the proposed
Conditional Use petition. The applicant has satisfied all the public information/notices required by the
Staff Report AR-4997
May 20. 2004 CCPC
Agenda Item No. 17G
June 22, 2004
~8'$l of 55
Land Development Code.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of Petition
CU-2003-AR-4997 to thc Board of Zoning Appeals, subject to the following conditions:
1. The Department of Zoning and Land Development Review 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
approval. or major changes to the approved plan, 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 No. 91-102.
2. Pursuant to Subsection 2.2.25.8.1 of the Land Development Code, if, during the course of site
clearing, excavation, or other construction related activity, an historic or archeological artifact is
found, all development within the minimum area necessary to protect the discovery shall be
immediately stopped, and the Collier County Code Enforcement Director shall be contacted.
3. An exotic vegetation removal maintenance plan and wetland impact permits shall be required of
the applicant at time of Site Development Plan submittal to ensure compliance with the
environmental regulations contained within the Land Development Code.
4. A Type "D" landscape buffer shall be provided in lieu of the masonry or concrete wall required
by Subsection 2.6.11.4,2.
Staff Report AR-4997
May 20, 2004 ccpe
Agenda Item No. 17G
June 22, 2004
~~ of 55
PREPARED BY:
~~ --- 5-s-0<{
MIKE BO'\I, AIC? RlNCIPAL PLANNER DATE
DEPARTMENT OF ZONING & LAND DRVF.LOPMENT REVIEW
REVIEWED BY:
~ A~ 1)- (,-0 I.f
RAY LOWS. CHIEF PLANNER DATE
DEP A TJ\ lENT OF ZONING & LAND DEVELOPMENT REVIEW
..i J .j h Ltn .I AJLA If) ~A c- /7-0 V
~lURRA~.~I~;~;E~R DATE
DEPARTJ\lENT OF ZONING & LAND DEVELOPMENT REVlEW
APPROVED BY:
i':::' ~/~/<!!>;;7"
JbS~H 1'. SCHMrIT, ADMINISTRATOR DAtE. .
CO MUl'\ ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
\../
Collier County Planning Commission:
~lJI/J4~
RUSSELl A. BUDD. CHAIRMAN
6 h 104-
DATE' I
Staff repoll for the June 3,2004 Collier County Planning Commission Meeting
Tentativel, scheduled for the June 22, 2004 Board of County Commissioners Meeting
Staff Report AR-4997
May 20. 2004 CCPC
Agenda Item No. 17G
June 22, 2004
~rro of 55
APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE
Commission District:
Date Petition Received: CU-2003-AR-4997
- PROJECT #2003060025
DATE: 1117/03
MIKE BOSI
Planner Assigned:
Petition No. .
ABOVE TO BE COMPLETED BY STAFF
1 . General Infonnation
Name of Applicant(s) John J. Nevins, as Bishop of the Diocese of Venice
Applicant's Mailing Address 1000 Pinebrook Road
City
Venice
State Florida
Zip 342192
Applicant's Telephone # 941-484-9543 Fax #
Applicant's E-Mail Address:spwlaws2@earthlink.net
Name of Agent R.J. Ward, P.E.
FllTn Spectrum Engineering, Inc.
Agent's Mailing Address 1342 Colonial Blvd., #31
City
Fort Myers
State
FL
Zip 33907
Agent's Telephone # 239-277-1182
Fax # 239-277-1182
Agent's E-Mail Address:redtape@spectrumengineering.net
. Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure
that you are in compliance with these regulations.
Agenda Item No. 17G
June 22, 2004
Page 14 of 55
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-24001FAX (941) 643-6968
Complete the following for aU Association(s) affiliated with this petition. (Provide additional sheets
if necessary)
Name of Homeowner Association: N/A
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Maili ng Address
City
State _ Zip
Name of Master Association:
Mailing Address
City
Stare _ Zip
Name of Civic Association:
Mailing Address
City
State _ Zip
2. Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as well
as the percentage of such interest. (Use additional sheets ifnecessary).
Name and Address
John J. Nevins, Bishop of the Diocese
of Venice
Percentage of Ownership
lOOi;
AOl'mrl::! ItAm No. 17G
June 22, 2004
Page 15 of 55
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name, Address and Office
John J. Nevins, Archdiocese of Venice
(CATHOLIC CHURCH)
Percentage of Stock
c. [f the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
~ame and Address
Percentage of Interest
d. If the property is in the name ofa GENERAL or LIMITED PARTNERSIDP, list the
name of the general and/or limited partners.
~ame and Address
PerceJitage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Date of Contract:
Percentage of ~p
Agenda Item No. 17G
June 22, 2004
Page 16 of 55
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired ~leased (): 12-3-84Term oflease
vr./mos.
If: Petitioner has option to buy, indicate date of option:
terminates: . or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase subsequent to
the date of application., but prior to the date of the final public hearing, it is the
responsibility of the applicant, or agent on his behaJ.( to submit a supplemental
disclosure of interest form.
3. Detailed le2al description of the property covered bv the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months.
maximum 1" to 400' scale) ifrequired to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed survey may be
required.
Section: 28
Township: 49S
Range: 26
Lot:
Block: 204 & 205 Subdivision: Golden Gate Unit 6
Plat Book
Page #:
Property I.D.#: 36327920009 & 36317960001
Metes & Bounds Description:
See Attachment
4. .Size ofpropertv: 530 ft. X 510 ft. = Total Sq. Ft. 2703000 Acres 6.2-J: acres
5. Address/2enerallocation of subiect property:
P~uperty is bounded by 17th Avenue S.W., 52nd Terrace S.W., 28th Avenue, S.W.
and 53rd Terrace, S.W.
Agenda Item No. 17G
June 22, 2004
Page 17 of 55
6. Adiacent zonimz and land use:
Zoning
Land use
N---1ZSF-3 Sinde Family Residence
S t:F-12 & PUD Church & Mult i Family
E R'1F-12 Single Family, Church Rectory
W 1~SF-3 Single Family Residence
Does property owner own contiguous property to the subject property? If so, give
complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Section: N / A
Township:
Range:
Lot:
Block:
Subdivision:
Plat Book
Page #:
Property 1.0.#:
Metes & Bounds Description:
7.
TVD~ of Conditional Use: This application is requesting conditional use # 2 & 3
the tSF-3 district for {TYPE OF USE) . GYMNASIUM. SCHOOL and ACCESSORY USES
of
Present Use of the Property: In addition, the applicant is requesting that the wall
and fence requirement of Section 2.6.11.4.2 of the LDC be waived because the
reeently completed improvements on this site are incompatible with this requirement
-and the existing--he'd'ge-provi'des for a "vl::,uCll barrie'r. -",
A n(' ighborhood petition has been circulated.
The Conditional Use for Lots 47~ Golden Gate Unit 6 (Future Rectory) remains in
8. Evaluation Criteria: Provide a narrative statement describing this request for conditional effect)
use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code,
staff's recommendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upoo a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specitic requirements governing the individual conditional use; if ~Y. have been met, and
that further, satisfactory provision and arrangement have been made concerning the
follov.ing matters, where applicable. Please provide detailed respoue to each of the
criterion listed below. Specify how and why the request is consistent with each. "
(Attach additional pages as may be necessary).
Agenda Item No. 17G
June 22, 2004
Page 18 of 55
a. Describe how the project is consistent with the Collier County Land Development Code
and Growth Management Plan (include information on how the request is consistent
with the applicable section or portions of the future land use
element):
SEE ATTACHMENT
b . Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian
safety and convenience, traffic flow and control, and access in case of fire or
catastrophe:
SEE ATTACHMENT
C. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor:
SEE ATTACHMENT
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district:
SEE ATTACHMENT
e. Please provide any additional information which you may feel is relevant to this request.
SEE ATTACHMENT
Agenda Item No. 17G
June 22, 2004
Page 19 of 55
. '
.
-
8. Evaluation Criteria
a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management
Plan (inc;lude information on how the request is consistent with the applicable section or portions of the fulllre land
use e~ment.
The project contains only uses which already exist on the subject property. The request is consistent with the
applicaOl c section Of' portions of the future land use elemcat of the Collier COWlty Land Dcvdopment Code aDd
Growth tvtanagement Plan.
b. DeSCTl be the existing or planned means of ingress and egress to the property and proposed slnIclllre thereon with
particular reference to automotive and pedestrian safety and convenience, traJJicflow and control, and access in
case offire or castrophe. .
The locations of existing ingress and egress to the property are shown on the plan. Access is provided on 27lh
Avenue SW, 28110 Avenue SW and 53'" Terrace. Parking and access aisles are provided on all four sides of the
proposed building.
c. Descnhe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic
and odor effect.
St. Eli7abeth Seton is aD established use. The site alterations proposed are to provide dedicated areas indoors for
activities that already take place on the site. No changes in noise, glare. economic or odor effect are expected for
this project.
d Descn he the site's and the proposed use's compatibility with adjacent properties in the district.
S1. Eli.2abeth Seton School is an established institution in the neighborhood and is part of the existing community.
The exisung and proposed activities of a place of worship and an educational facility are compatible and
complementary to the adjacent residential properties.
e. Please provide any additional infonnation. which you may feel, is relevant to this request.
St. Elizabeth Seton is an established school. The alterations and improvements proposed are to accommodate the
existing school rather than an expansion.
_.
Agenda Item No. 17G
June 22, 2004
Page 20 of 55
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
heari ng? NO
11. Additional Submittal reauirements: In addition to this completed application. the
following must be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the preapplication meeting.
a . A copy of the pre-application meeting notes;
b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8W' x 11"
copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the
following [Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards such as the
Environmental Advisory Board (EAB), or CCPe];
. all existing and proposed structures and the dimensions thereo(
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
. all existing andlor propOsed parking and loading areas [include matrix indicating
required imd provided parking and loading, including required parking for the
disabled],
. locations of solid waste (refuse) containers and service function areas,
. required yards, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to the
site),
. proposed andl or existing landscaping and buffering as may be required by the
County,
. location of all signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area., etc.);
c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC).
Agenda Item No. 17G
June 22, 2004
Page 21 of 55
~-
11. Additional Submittal Reauirements
c. An envIronmental Impact Statement as required by section ),8 of the Land Development Code (WC)
An Environmental Impact statement for the project is not required. The proposed site has been developed in the past
and no nallve vegetation associaticms remain. The proposed site is_less than 10 acres. FLUCFCS designation (or
this site is 172 Religious Facilities.
d. Aerial Photographs
Two aerial photographs arc provided. The proposed site has been developed in the past and no native vegetation
associations remain. FLUCFCS designation for this site is 172 Religious Facilities.
e. StaJement of Utility Provision.s.
The existing school bas existing water and sewer service provide by Government Services Group which purchase
the Florida Cities Water Company infrastructure. The improvements shown on the conditional use plan will increase
the water and wastewater demand by less than 1200gpd. 'The existing pump station and wal.er COMcctiOns will be
utilized; a letter of availability from Government Services Group is included in this application
f. Traffic Impact Statement.
The sc:hool uses arc existing. The proposed alterations arc to serve an existing school rather than an e,..pansion. The site
alterations proposed arc to provide dedicated areas indoors (or activities that already take place on the site. Traffic impacts
during a.m. and p.ol. peak hours of adjacent streets arc expected to be negligible.
See attachment for analysis.
-
g. A HistoT/cal and archeological surveyor wavier if property is located with an area of historical or archeological
probability,
Not applicable.
Agenda Item No. 17G
June 22, 2004
Page 22 of 55
d. Whether or not an ErS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet. shall be
submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Fonns Classification System
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS). unless waived at the pre-application meeting;
g . A historical and archeological surveyor waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
h . Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an
applicant to remove their public hearing sign (5) after final action is taken by
the Board of County Commissioners. Based on the Board's final action on this
item, please remove all public hearing advertising sign(s) immediately.
Agenda Item No. 17G
June 22, 2004
Page 23 of 55
-,
TRAFFIC IMPACT STATEMENT (TIS):
A TIS is requIred unless waived at the pre-application meeting. The TIS required may be either a
major or minor as determined at the pre-application meeting. Please note the following with regard
to TIS submittals:
MINOR TIS: Generally required for conditional use (and rezone) requests for property less than
10 acres in size, although based on the intensity or unique character of a petition, a major TIS may
be required for petition often acres or less.
MAJOR TIS: Required for all other conditional use (and rezone) requests.
A minor TIS shall include the following:
1. Trip Generation: Annual Average Daily Traffic
(at build out) Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (pSDT)
2.
Trip AssIgnment:
Within Radius of Development Influence (RDI)
3. Existing Traffic: Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of
service ('.....oS).
.5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an
ingress/egress point. or providing turn or decel lanes or other improvements.
6. Describe any proposal 10 mitigate the negative impacts on the transportation system.
7. For Rezones Only: Slate bow this request is consistent with the applicable policies of the Traffic
Circulation Element (TCE) oftbe Growth Management Plan (GMP), including policies 1.3, 1.4,4.4.5.1,
5.2,
7.2 and 7,3.
A Major TIS shall address all of the items listed above for a Minor TIS, and shall also
include an analysis of the foUowing:
I. Intersection Analysis
2. Backgrow\d Traffic
3. Future Traffic
4. Through Traffic
s.
Planned!P reposed Roadway Improvements
6.
Proposed Schedule (phasing) of Development
Agenda Item No. 17G
June 22, 2004
Page 24 of 55
APPLJCA TJON FOR PUBLIC HEARING FOR CONDITIONAL USE - 0212000
PAGE 10 OF 16
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS:
The following standards shall be used in preparing a TIS for submittal in conjunction with a
conditional use or rezone petition:
1. Trip Generation: Provide the total traffic generated by the project for each link within the
project's Radius of Development Influence (RDI) in conformance with the acceptable traffic
engineering principles. The rates published in the latest edition of the Institute of Transportation
Engineers (I'IE) Trip Generation Report shall be used unless documentation by
by the petitioner or the County justifies the use of alternative rates.
2. Trip Assi~nment: Provide a map depicting the assignment to the network, of those trips
generated by the proposed project. The assignment shall be made to all links within the RDI.
Both annual average and peak seasonal traffic should be depicted.
3. Existinl! Traffic: Provide a map depicting the current traffic conditions on all links within the
RDI, The AADT, PSDT, and LOS shall be depicted for all links within the ROl.
4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable
Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP.
5. Radius of Development Influence (RDO: The TIS shall cover the least of the following two
areas:
a) an area as set forth below; or,
b) the area in which traffic assignments from the proposed project on the major
thoroughfares exceeds one percent of the LOS ..C".
Land Use
Distance
Residential
5 Miles or as required by DR!
Other (conunercial, industrial, institutional, etc.)
o - 49, 999 Sq. Ft.
50,000 - 99, 999 Sq. Ft.
100,000 - 199, 999 Sq. Ft.
200,000 - 399, 999 Sq. Ft.
400,000 & up
2 Miles
3 Miles
4 Miles
5 Miles
5 Miles
In describing the RDI the TIS shall provide the measurement in road miles from the
proposed project rather than a geometric radius.
Agenda Item No. 17G
June 22,2004
Page 25 of 55
APPLICATION FOI<. PUBLIC HEARING FOR CONDITIONAl. t'SF.- 0112000
PAGE lJ OF 16
6.
Intersection Analvsis: An intersection analysis is required for all intersections within the
RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200
Vehicles Per Hour (VPH).
7. Back~round Traffic: The effects of previously approved but undeveloped or partially
developed projects which may affect major thoroughfares within the WI of the proposed
project shall be provided. This information shall be depicted on a map or, alternatively, in a
listing of hose projects and their respective characteristics.
8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from
potential development shall be provided. Potential development is that which may be
developed maximally under the effective Future Land Use ElemeDt (FLUE) and the Collier
County Land Development Code. This estimate shall be for the projected development areas
within the projects WI. A map or list of such lands with potential traffic impact calculations
shall be provided.
9. ThrolJ2h Traffic: At a minimum, increases in through traffic shall be addressed through the
year 2015. The methodology used to derive the estimates shall be provided. It may be
desirable to include any additional documentation and backup data to support the estimation
as well.
10. Plannf'dlProDOsed Roadwav Imorovements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
11. Proiect Phasin2: When a project phasing schedule is dependent upon proposed roadway
improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts
of a project are mitigated through a phasing schedule, such a phasing schedule may be made
a condition of any approval.
TIS FORM RVB!RJM 10/17/97
APPLICATION FOR l'UBLlC HEARING FOR CONDITIONAL USE - 0212000
Agenda Item No. 17G
June 22, 2004
Page 26 of 55
PAGE 12 OF 16
/
ATTACHMENT #1
LEGAL DESCRIPTION:
(O.R. 1112. PG. 1617)
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 124-134.. INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THAT PORTION OF 53rd STREET S.W. BET\NEEN BLOCKS 204 AND 2050 AS WELL
AS CERTAJN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN BLOCKS 204 AND
205, VVERE VACATED BY COLLIER COUNTY RESOLUTION NUMBER 79-20
RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
ZONING IS RSF-3
Agenda Item No. 17G
June 22, 2004
Page 27 of 55
STATEMENT OF UTILITY PROVISIONS FOR CONDmONAL USE REOUEST
1. NAl\lE OF APPLICANT: John J. Nevins as Bishop of the Diocese of Venice
2. MAl LING ADDRESS: 1000 Pine Brooke Place, Venice, FL 34292 (941) 484-9543
Venice
CITY
Flor ida
ZIP
34292
3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
5325 28th Avenue, Golden Gate City
4. LEGAL DESCRIPTION:
Range:
26
Section: 28
Township: 49
Lot:
Block: 204&205 Subdivision: Golden Gate Unit 6
Plat Book
5 Page #: 124-13Lproperty LD.#: 36317920009 & 3631796001
Metes & Bounds Description:
SEE ATTACHMENT
5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM t!l
PROVIDE NAME Government Services Group
d. PACKAGE TREATMENT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM 0
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAl\fE Government Services Group
d. PRIVATE SYSTEM (WELL)
o
o
:@
o
Agenda Item No. 17G
June 22, 2004
Page 28 of 55
7. TOTAL POPULATION TO BE SERVED: No additional Population 292 students
existing and proposed
8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 1168 gpd AVERAGE DAILY 1168 gpd
B. SEWER-PEAK 1168 gpd AVERAGE DAILY 1168 gpd
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO
BE REQUIRED:
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the.
method of effluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in effect
at the at time. This statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities Division prior
to the issuance of building permits by the County. If applicable, the statement shall contain
shall contain an agreement to dedicate the appropriate utility easements for serving the
water and sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is to
receive sewer or potable water services from any provider other than the County, a
statement from that provider indicating that there is adequate capacity to serve the project
shall be provided.
Ud!It1 Pnnslon Stat8DClll RJM 10117/97
Agenda Item No. 17G
June 22, 2004
Page 29 of 55
,
I"I"'_'_-.:;U:~.": .~~; :J':>t" :::'c.\lt..HN .....it::N r GG
941 455 5626
P.02
-
'11I
M
__..__.....__ _......._______._.~__ -!!:~~~_~~!!!~2~.~~~"!.~~~'.~
..4 >IJ'trftOfC .01'1. >lJlrTIc, P..,~. f"''''I4IJJQ'I ,~14Qll ,,~, .'lUU. f.. (tell) "l'l6"'1
March 7, 2002
CoUiet Count)'
Offace of GrowIh t.1enaQemenl
2800 HonseitlOlt Oriv8
Naples, FL 34104
Block: 204-2050 Lot 124.134, Unit 6
Project Description: 5325 28" Avo SW - St. EI~beth Seaton
T Q wnom it may ooocern:
In re5poo$O IQ )"Our reque5C. pJeaso bQ advisoo that (he above-described property is In
Florida Govemmental Ut~ Authority service arsa.
AJ. this l1.me Florida Govemm~nral Utility Authority has aaequale Water cind d.slfioution
faQijij~s lQ prcvid, 5ervtce ror the obovc-desaibeq project
The FGUA wilt provide S8f'\'1c.8 upon receipt of It signed Request for Sef'Vice and/or
Executuc1 Service Agreement. appropriate fees and ctlafIJ8S, and lhe approval of aU
51&1& and L0ca4 Regutatoty Agencies. a. tequired.
Any ex1en~s requlred must be installed at \he OeveloperlContrad.g('. expense,
inc:Judlng all enginooring cost. etc. AU conlilructkm must meet FGUA spccitications. .
It you /"18\1'0 any Question$, please (P,fll tree to contact our lac:at office 8' 12355 Collier
~d., Suite C, Na~ws. Fl 34116. or Cdn (941) 45~-15B3.
SincerelY,
Flotidf) GovOf'flt'!"lenlal Ut~lt~ A41hQrity
~~~~_.__._---
Cha 8 L. Sweat
Oirec1OJ olOporatjpnl:i
()h
Agenda Item No. 17G
June 22,2004
Page 30 of 55
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All cf alock 204 and 205 Unit , of Colden Cate accordinq
to t~e plat thereot recorded in Plat Book S. Pag~~ 124-134,
inclusive of the Public Records of Collier County. Plorida.
No Tdxable Consideration
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RESOLJT1~ NU. 79-20
WHEREAS. the 80.ro of County ~oao,ssj3~rs of :3\\i~r County.
florl"'. pvrs~At to Petitioner S.lnt E\1ullttll ScottCO" :.tt,ollC CII..n:n'S.
represente~ ~1 :~rlo R. lottc~lot. rrquest .n: :~e 'v:~rllj ~r.nteQ '"
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RESOLl1Tl\lfl 110. 19-20
WHUo.,S. tile Boons of County C_isshne~' 0' Col\\I~r COYIIly.
FIOI'Ics.. punwul ~ P~tI tl_ S.\Dl fUulletlt Seaton CnhOllc ChoIn;h'\.
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Page 33 of 55
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RE-SUBMITT AL
CU-2003-AR-4997
PROJECT #2003060025
DATE: 417/04
MIKE BOSI
TRAFFIC IMPACT STATEMENT
FOR
CONDITIONAL USE PETITION
TRIP GENERATION CALCULATIONS
FOR
ST. ELIZABETH SETON SCHOOL
NEW ACTIVITIES CENTER
2760 S2NO TERRACE S. W.
NAPLES, FLORIDA 34116
PREPARED BY
SPECTRUM ENGINEERING, INC.
1342 COLONIAL BL VDo SUITE 31
FORT MYERS, FLORIDA 33907
MARCH 2002
Agenda Item No. 17G
June 22, 2004
Page 34 of 55
Sf, Eli1.:tbeth Seton School has a capacity of292 students from pre-kindergarten
hrO\lgh eighth grade. At the time of this writing, actual attendance is 286. The
",Imber of employees includes 18 teachers, six: aides, and four administrative and
1t'lI~ckeeping staff. for a total of30 faculty and staff.
The current petition for Conditional Use is for a proposed activity center at the site
of the existing former church. which will be demolished. The activity center will
nclude a combination cafeteriahmditorium and a gymnasium, as well as four
chs~rooms. It will provide for activities that are currently being provided in
n:1dequate exi~ting facilities including the former church and outdoor play areas.
The proposed activity center will not be accompanied by an increase in the number
of students nor faculty and staff
mtitute of Transportation Engineers data were used to calculate trip generation
:'lIes based on both the number of students and the number of employees. No
sir.nificMt change in traffic generated by the school is anticipated.
Agenda Item No. 17G
June 22,2004
Page 35 of 55
4
.-
TRIP GENER;\ TION
ST. ELlZABEiH SETON SCHOOL
292 STUDENTS
T. AVERAGE VEHICLE TRIF' ENDS vs. X, NUMBER OF STUDENTS
X = ~92.0
ONA WEEKDf\.Y
T=1.02(X)
T = ~97.S TRIP ENOS PER DAY
DIRECTIONAL DISTRIBUTION:
50 % ENTER 148.9 TE/DAY
50 % EXIT = 148.9 TE/DAY
ON A WEEKD;W, PEAK HOUR BETWEEN 7 AND 9 AM:
T=O.29(X)
T = !34.7 TRIP ENOS PER HOUR
DIRECTIONAL DISTRIBUTION:
59 % ENTER 50.0 TEIHOUR
41 % EXIT = 34.7 TEIHOUR
ON A WEEKD/lY, A.M. PEAK HOUR OF GENERATOR
T=O.30(X)
T = 37.13 TRIP ENDS PER HOUR
DIRECTIONAL DISTRIBUTION:
58 % ENTER 50.8 TEIHOUR
42 % EXIT = 36.8 TE/HOUR
ON A WEEKDA Y, P.M. PEAK HOUR OF GENERATOR
T=O.26(X)
T = 75.9 TRIP ENDS PER HOUR
DIRECTIONAL DISTRIBUTION:
46 % ENTER 34,9 TE/HOUR
54 % EXIT = 41,0 TE/HOUR
SOURCE: INSTITUTE OF TRANSPORTATION ENGINEERS,
TRIF' GENERATION, 6th EDITION, 1997
LAND USE CODE: 520 - ELEMENTARY SCHOOL
Agenda Item No. 17G
June 22, 2004
Page 36 of 55
TRIP GENERATION
ST. EUZABET'-4 SETON SCHOOL
30 EMPLOYEES
T, AVERAGE VEHICLE TRIP ENDS vs. X, EMPLOYEES
X = 30.0
ON A WEEKD,\ Y
T=13.13(X)
T = :'1,93.9 TRIP ENDS PER DAY
DIRECTIONAL DISTRIBUTION:
50 % ENTER 197.0 TEIOAY
50 % EXIT = 197.0 TEIOAY
ON A WEEKDfW, A.M. PEAK HOUR OF GENERATOR
T=3.71 (X)
T = , 11.3 TRIP ENDS PER HOUR
DIRECTIONAL DISTRIBUTION: NOT AVAILABLE
ON A WEEKDAY, P.M. PEAK HOUR OF GENERATOR
T=3.50(X)
T =105.0 TRIP ENDS PER HOUR
DIRECTIONAL DISTRIBUTION: NOT AVAILABLE
SOURCE: INSTiTUTE OF TRANSPORTATION ENGINEERS,
TRIP GENERATION, 6th EDITION, 1997
LAND USE CODE: 520 . ELEMENTARY SCHOOL
"....
Agenda Item No. 17G
June 22, 2004
Page 37 of 55
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RESOLUTION NO, 04 -
A RESOLUTION PROVID~G FOR THE ESTABLISHMEi.'IT OF
CHURCH, SCHOOL, GYM.'1ASlUM AND ACCESSORY USES
CONDITIONAL USES "2" AND "3" FOR A CHURCH AND OTHER
PLACES OF WORSHIP AND A PRIV AlE SCHOOL IN THE "RSF"
RESIDENTlA.L SINGLE FA..\1ILY ZONING DISTRICT PURSUANT
TO SECTION 2.2.4.3. OF THE COLLIER COUNTY LA..l\ID
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
28, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY,
FLORIDA.
WHEREAS. the Legislalure of the Stale of Florida in Chapter 67-1246. Laws of
Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to
estahlish, coordinate and enforce zoning and such husiness regulations as are necessary for the
protection of the public; and
\VHEREAS, the County pursuanl therelo has adopted a Land Developmenl Code
(Ordinance :"lo. 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 (; ses; and
\VHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning hoard for the area hereby affected, has held a puhlic hearing after notice
as in said regulations made and provided, .Uld has considcrcd the advisability of Conditional
Uses "2" and "3" of Section 2.2.4.3 of the Collier County Land Developmenl Code in an
"RSF" Residential Single Family Zone for a church, school, gymnasium and accessory uses on
the property hereinafter descrihed, and has found as a matter of fact (Exhihit "A") that
satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection 2.7.4.4 of the Land
Development Code for the Collier County Planning Commission; and
WHEREAS. all inlerested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters presented.
XOW, THEREFORE, BE IT RESOLVED BY TIIE BOARD OF ZO~G APPE,A.LS
OF COLLIER cm.Jr.TY, FLORIDA. that:
The petition, idenLilled as CL'-2003-AR-4997, rued by R. J. Ward, P.E., of Spectrum
Engineering, Inc. representing Bishup John J. Nevins and the Catholic An:hdiocese of Venice.
with respect to the property hereinafter described as:
Exhibit "B"
.1.
Agenda Item No. 17G
June 22,2004
Page 45 of 55
,-
attached hereto and incorporated by reference herein be and the 5ame i5 hereby approved for
Conditional Uses "2" and "3" of Section 2.2.4.3 of the Collier County Land Development Code
in an "RSF" Re,idential Single Family Zoning District for a church, school, gymnasium, and
accessory u<;cs in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
Exhibit "0" which is attached hereto and incorporated by reference herein.
BE IT FL'RTHER RESOL YED that this Resolution he recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
,2004.
BOARD OF ZO!\ilNG APPEALS
COLLIER COUNTY, FLORlDA
BY:
OO~A FIALA, CHAIRMAN
A TrEST:
OVvlGHT E. BROCK, CLERK
Approved as to Form and
Legal Sufficiency:
YIarjorie M. Student
AS5ista.nt County Attorney
Cl: - 21l)3 -,\R -..+f/)7/,\ffillo
- :! -
Agenda Item No. 17G
June 22, 2004
Page 46 of 55
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3.ofthe Land Development Code authorized the conditional uses,
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 10 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
CHAIRMAN:
Based on the above findings, this condi .
(should m)t) be recommended for approv
DATE:
G /3 !of
( ,
EXHIBIT A
Agenda Item No. 17G
June 22, 2004
Page 47 of 55
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The folloy. iog facts are found:
1. Section 2.2,4.3,2, and 3. of the Land Development Code authorized the conditional
uses.
2. Grunting 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 prect or _ Affect mitigated by
L 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, (Exhibit "D")
(should not) be recommended for approval
DATE: ~ - ;., O~
MEMBER:~~P~
EXHIBIT A
Agenda Item No. 17G
June 22; 2004
Page 48 of 55
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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 vi 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-L 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 v.ith adjacent properties and other property in the district:
Compatible use within district
Yes.l No
Based on the above findings, this conditional use should, with stipulations, (Exhibit "D")
(should not) be recommended for approval i
1
DATE:
MEMBER:
.,
. '( J' .If
I J / Ii
f./N,IJ( , ' i 1fWW"!
~ .
EXHIBIT A
Agenda Item No. 17G
June 22, 2004
Page 49 of 55
-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU.2003.AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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 c.ltastrophe:
Adequate ingress & egress
Yes ",/ No
C. Affects neighboring properties in relation :0 noise, glare, economic or odor
effects:
"'
'v No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D, Compatibility with adjacent properties and ot.h~:- property in the district:
Compatible use within district
Yes! No
Based on lhe ahove findings, this conditional ~hOuld, \vi#stipulaiiOnS, (Exhibit "D')
(should not) be recommended for approval '
,- ;'
:/
I
tr-
I .
\ (Yt~\~n~~'Y'lt~~\:~; 17G
\ June 22, 2004
Page 50 of 55
DATE: t I, }4
MEMBER:
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-2003-AR-4997
The follo\\ ing facts are found:
1. Section 2.2.4.3.2, and 3. of the Land Development Code authorized the conditional
uses.
2. Gnmting 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, (Exhibit un'')
(should not) be recommended for approval
DATE;lJ 3104
.
MEMBE~
J..'NV41 ~A~~ck 1\Mrf No. 17G
June 22, 2004
EXHIBIT A Page 51 of 55
".
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3,2, and 3. of the Land Development Code authorized the conditional
uses.
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.
consisten~th the Land Development 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~o
-
Based on the above findings, this conditional use should, with StiPulat~xhi.bit "D'')
(should not) be recommended for approval . ..A .
DATE:~ l~ft7 ,~'
EXHIBIT A
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205. AS
WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
Agenda Item No. 17G
June 22, 2004
Page 53 of 55
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CONDITIONS OF APPROVAL
CU-2003-AR-4997
1. The Department of Zoning and Land Development Review 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 approval, or major changes to the
approved plan, 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 No. 91-102.
2. A Type "D" landscape buffer shall be provided in lieu of the masonry or concrete
wall required by Subsection 2.6.11.4.2.
EXHmIT "D"
Agenda Item No. 17G
June 22, 2004
Page 55 of 55
,-
EXECUTIVE SUl\1l\1ARY
PUDZ-A-2003-AR-4788, Robert A. Soudan, Sr. represented by D. Wayne Arnold, AICP, of
Q. Grady Minor & Associates, P.A., requesting a rezone from Planned Unit Development
(PUD) and Residential Single-Family (RSF -4) to Planned Unit Development (PUD) known
as Goodlette Corners PUD for the addition of a 0.32 acre parcel lying immediately west of
the current PUD for commercial land uses consisting of office, service and low to moderate
intensity retail. Property is located at 1191 Pine Ridge Court, in Section 15, Township 49
South, Range 25 East, Collier County, Florida, consisting of 8.8;\: acres.
OBJECTIVE:
Staff is requesting that the Board review slaffs findings and recommendations along with the
recommendations of the Collier County Planning Commission (CCPC) regarding the above
referenced Planned Unit Development (PUD) rezone petition and render a decision regarding the
petition.
CONSIDERATIONS:
--
The purpose of the proposed amendment to the Goodlette Comers PUD is to incorporate a 0.32
acre parcel of land, lying immediately west of the current project, within the PUD boundaries.
Once incorporated within the Goodlette Corners PUD, the parcel would be eligible for the
commercial land uses currently allowed for by the existing PUD,
The subject PUD was originally approved by the Collier County Board of County
Commissioners (BCC) on February 26, 2002, and recorded through Ordinance Number 02-08.
The existing Goodlette Corners PUD is a commercial PUD allowing for a variety of commercial,
financial, health care, and office uses. The PUD was created to address the redevelopment of the
area. The existing land uses in the area consist of legal non-conforming residential structures,
legal non-conforming commercial uses, and a recently developed self-storage facility. The local
area is characterized urban with the full complement of utilities available. The petitioner is
proposing to add a 0.32-acre parcel to Tract "A" of the existing Goodlette Corners PUD. The
pun comprises three separate development Tracts, "A-C". All Tracts within the PUD are under
separate ownership.
~
The proposed amendment to the Goodlette Corners PUD will not change the list of permitted
uses, or the intensity of these uses, which have already been approved for by the PUD. The
development standards within the Goodlette Corners PUD will not be affected by the requested
change. The request seeks to incorporate an isolated parcel of residential zoned land within the
commercial zoning pattern for the area. The south side of Pine Ridge Road, between US 41 and
Goodlette-Frank Road, is populated with commercial zoning. The existing zoning for the parcel
is Residential Single-Family (RSF-4), which provides for residential use of the property. The
parcel, as noted, is surrounded by commercial zoning and commercial land uses. The
surrounding commercial zoning and uses limit the residential parcel from fully realizing the
Executive summaryIPUDZ-A-2003-AR-4788
Page 1 of 3
AjeJ~ 17 !/
;:f1c~
intended environment offered to single-family residential zoned properties. The proposed
amendment will provide for all parcels of land on this segment to have a consistent land use
pattern.
A deviation from Section 2.4.7.4.2. of the Land Oevelopment Code (LOC) to modify the Type
"D" landscape buffer requirement for the property where it abuts Good1ctte-Frank Road is
requested by the applicant. The LDC requires that a minimum 15-foot wide Type "0" buffer
shall be required where a project abuts an external right-of-way greater than 100 feet in width.
The Type "0" buffer requires the installation of a hedge and trees no more than 30 feet on
center. For the property boundary adjacent to the Goodlette-Frank Road right-of-way, the
applicant is proposing a 10-foot wide Type "0" buffer. The applicant has provided justification
for this deviation by citing that a 1O-foot wide Type "0" buffer was part of the original approval
for the Goodlette Comers PUO. Also, the fragmented ownership of the PUD presents a
difficulty for the PUO to comply with the 15-foot buffer requirement. The Goodlette-Frank
Road landscape buffer lies within Tract "C" of the PUO. The owner of this tract of land is not
party to this proposed PUO amendment. The application was initiated by the owner of Tract "A"
to incorporate the remaining "spot zone" of residentially zoned land. The applicant could not
move forward with the application if the approval dictated a more land-consumptive landscaping
regulation than the original approval, upon property not within legal ownership of the applicant.
Staff is supporting the requested deviation based upon the ownership conflict and the desired
elimination of the existing residential "spot zone" that would result from the proposed PUO
amendment.
FISCAL IMPACT:
The fiscal impact analysis provided for during the original approval by the Collier County Board
of County Commissioners (BCC) on February 26, 2002 will not be impacted by the proposed
amendment. The proposed amendment to the Goodlette Comers PUD will not change the list of
permitted uses, O[ the intensity of these uses, which have already been approved for by the PUO.
GROWTH MANAGEMENT IMPACT:
The subject property is designated Urban (Urban - Mixed-Use Oistrict, Urban Residential
Subdistrict) on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to
this petition, within the Urban-Mixed Use District, the Office and In-fill Commercial Subdistrict
(OIC) provides for "low intensity office commercial or in-fill commercial development on small
parcels within the Urban-Mixed Use Oistrict located along arterial and collector roadways where
residential development, as allowed by the Density Rating System, may not be compatible or
appropriate." In addition, the OIC provides that development of land abutting commercial
zoning on both sides may include those of the highest intensity of the abutting commercial
zoning district.
The Goodlette Comers PUO was deemed consistent with the Future Land Use Element (FLUE)
and was approved by the BCC in 2002. The proposed addition of one lot or .32 acres has not
affected the consistency of the PUO. However, the Office and In-fill Commercial Subdistrict was
Executive sumrnaryIPUDZ-A-2003-AR-4788
Page 2 of 3
amended on September 10, 2003. Staff has reviewed this petition under the new OIC criteria and
found the proposed amendment consistent under the amended criteria. The Comprehensive
Planning consistency memorandum has been attached to the staff report.
The Transportation Department has reviewed the petitioner's Traffic Impact Statement and has
determined that the addition of .32-acres will not significantly impact the roadway capacity on
any County road. Therefore, this petition is consistent with policies 5.1 and 5.2 of the
Transportation Element of the GMP.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and has incorporated safeguards within
the PUD document to ensure compliance with thc environmental regulations. The subject sitc is
completely altered, isolated by a major roadway and development, and is actively used by a
variety of structures. The subject parcel is not a viable habitat for species to nest, den or forage.
No endangered, threatened, or species of special concern were observed on the site. This petition
qualified for a waiver from the Environmental Advisory Council (EAC) and the petition was
therefore not heard by that body.
EAC RECOMMENDATION:
The EAC did not hear this petition as notcd abovc.
COLLIER COUNTY PLANNING COMl\HSSION (CCPC) RECOMMENDATION:
This petition was heard at the June 03, 2004 CCPC meeting. The Commission motioned to
forward petition CU-2003-AR-3792 with a recommendation of approval subject to the
conditions contained within the PUD Document with the deletion of Section 4.6 of the PUD
document due to redundancy, and the addition of a permitted use to Section 3.3 of the PUD
document to include comparable uses as determined by the Board of Zoning Appeals. The
motion passed unanimously.
STAFF RECOMMENDATION:
Staff recommends approval of Petition PUDZ-A.2003.AR.4788 subject to the stipulations
contained in the PUD document as modified by the Planning Commission's recommendation and
as otherwise described by the Ordinance of Adoption and Exhibits thereto, subject to the
conditions of approval that have been incorporated in the PUD document with the following
deviation from the Land Development Code (LDC).
1. A deviation from Section 2.4.7.4. of the LDC to modify the Type "0" landscape buffer
requirement along Goodlette-Frank Road
-
Executive summaryIPUDZ-A-2003-AR-4788
Page 3 of 3
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY CO'~M!SS;ONERS
1iH
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fr:-':::'l'):"::'n"nt;'.:: S6fV):";(<!'5
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STAFF REPORT
COLLIER COUNTY PLANNING COM1\HSSION
FROM:
DEPARTMENT OF ZONING AND L\:\D DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT 8: E\'V1RONMENT AL SERVICES DIVISION
HEARII\'G DATE: JUNE 3, 2004
SUBJECT: PETITION PUDZ-A-2003-AR--l-'; c;;
AGENT/APPLICANT:
OWNER:
Robert A. Soudan
800 Frontage Road
Northfield, IL 60093
AGE)iT: D. Wayne Arnold
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
REQUESTED ACTIOI\': To have the C011i~r C velmy Planning Commission (CCPe)
consider an application requesting a rezone from Planned Unit Development (PUD) and
Residential Single Family (RSF-4) to Planned Unit DC\'~>ll)rment (PUD) to be known as the
Goodlette Corners PUD. The application seeks the incorporation of a 0.32 acre parcel of
land, lying immediately west of the current Coo(ile~e Corners PUD, within the PUD
boundaries. Once incorporated within the GooJl,;,:e Cmers PUD, the parcel would be
eligible for the commercial land uses currently alki\v"J for by the existing PUD. These
commercial uses consist of office, service, health care. dnd low to moderate intensity retail.
GEOGRAPHIC LOCATION: The Goodlette C0'l1er" P~'D is located at 1191 Pine Ridge
Court, on the south side of Pine Ridge Road, beh'.'een US 41 and Goodlette-Frank Road, in
Section 15, Township 49 South, Range 25 East, Collier County, Florida. (See illustration on
following page)
PUDA-03-AR4788, Goodlette Comers PUD
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PUDA-03-AR4788, Goodlette Corners PUD 2
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PUDA-03-AR4788, Goodlette Comers PUD 3
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PUDA-03-AR4788, Goodlette Comers PUD 4
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PURPOSEIDESCRIPTION OF PROJECT:
The Goodlette Comers Planned Unit Development (PUD) was originally approved by the
Collier County Board of County Commissioners (BCC) on February 26, 2002, and recorded
through Ordinance Number 02-08. The existing Goodlette Comers PUD is a commercial
PUD allowing for a variety of commercial, financial, health care, and office uses. The
Goodlette Comers PUO was created to address the redevelopment of the area. The existing
land uses in the area consist of legal non-conforming residential structures, legal non-
conforming commercial uses, and a recently developed self-storage facility. The local area
is characterized as mature urban with the full compliment of utilities available. The
petitioner is proposing to add a 0.32-acre parcel to Tract "A" of the existing Goodlette
Comers PUO. The PUD comprises three separate development Tracts, "A-C". All Tracts
within the PUD are under separate individual ownership.
The proposed amendment to the Goodlette Comers PLTO will not change the list of permitted
uses, or the intensity of these uses, which have cllready been approved for by the PUD. The
development standards within the Goodlette Comers PUO will not be affected by the
requested change. The request seeks to incorporate an isolated parcel of residential zoned
land within the commercial zoning pattern for the area. The south side of Pine Ridge Road,
between US 41 and Goodlette-Frank Road, i.-; populated with commercial zoning. The
existing zoning for the parcel is Residential Single-Family (RSF-4), which provides for
residential use of the property. The parcel, a.-; noted, is surrounded by commercial zoning
and commercial land uses. The surrounding commercial zoning and uses limit the residential
parcel from fully realizing the intended enyironment offered to single-family residential
zoned properties. The proposed amendment will provide for all parcels of land on this
segment to have a consistent land use pattern.
A deviation from Section 2.4.7.4.2. of the Land Development Code (LOC) to modify the
Type "0" landscape buffer requirement for the property where it abuts Goodlette-Frank Road
is requested by the applicant. The LDC re~lUlres that a minimum 15-foot wide Type "0"
buffer shall be required where a project abuts an external right-of-way greater than 100 feet
in width. The Type "0" butTer requires lhe liblaliation of a hedge and trees no more than 30
feet on center. For the property boundary adjacent to the Goodlette-Frank Road right-of-
way, the applicant is proposing a 10-foot "vide Type "0" buffer. The applicant has
provided justification for this deviation by cuing that a 10-foot wide Type "0" buffer was
part of the original approval for the Goodlette Comers PUD. Also, the fragmented
ownership of the PUO presents a difficulty for the PUO to comply with the 15-foot buffer
requirement. The Goodlette-Frank Road landscape buffer lies within Tract "C" of the PUO.
The owner of this tract of land is not party to this proposed PUD amendment. The
application was initiated by the owner of Tract "A" to incorporate the remaining "spot zone"
of residentially zoned land. The applicant could not move forward with the application if the
approval dictated a more land-consumptive landscaping regulation than the original approval,
upon property not within legal ownership of the applicant. Staff is supporting the requested
deviation based upon the ownership cont1ict and the desired elimination of the existing
residential "spot zone" that would result from the proposed PUO amendment.
PUDA-03-AR4788, Goodlette Comers PUD 5
-
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
RSF-4 & PUD existing single-family home and improved
commercial
East:
Pine Ridge Road ROW & existing residential structures, zoned
RSF-l
Goodlette-Frank ROW & existing single-family and multi-
family structures zoned Moorings Park Estates PUD
Existing residential structures, zoned RSF-4
Existing hotel and restaurant, zoned Pine Ridge Medical Center
pun
Surrounding- North:
South:
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PUDA-03-AR4788, Goodlette Comers PUD 6
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GROWTH MANAGEMENT PLAN CO~SISTEl\CY:
The subject property is designated Urban (Urban - Mixed-Use District, Urban Residential
Subdistrict) on the Future Land Use Map of the Gro'W'th Management Plan (GMP). Relevant
to this petition, within the Urban-Mixed Use District, the Office and In-fill Commercial
Subdistrict (OIC) provides for "low intensity office commercial or in-fill commercial
development on small parcels within the Urban-Mixed Use District located along arterial and
collector roadways where residential development, as allowed by the Density Rating System,
may not be compatible or appropriate." In addition, the OIC provides that development of
land abutting commercial zoning on both sides may include those of the highest intensity of
the abutting commercial zoning district.
The Goodlette Corners PUD was deemed consistent with the Future Land Use Element
(FLUE) and was approved by the BCC in 2002. The proposed addition of one lot or .32
acres has not affected the consistency of the PUD. However, the Office and In-fill
Commercial Subdistrict was amended on September 10, 2003. Staff has reviewed this
petition under the new OIC criteria and found the proposed amendment consistent under the
amended criteria. The Comprehensive Planning c,:!~sistency memorandum has been attached
to the staff report.
Future Land Use Element: Based upon the above analysis, staff concludes the proposed
amendments can be deemed consistent with the Future Land Use Element (FLUE).
Transportation Element: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan
(GMP) and was found consistent with Policy 5.1. The consistency finding provides a
statement to the project, that when developed. it \\'ill not excessively increase traffic
congestion.
Open Space/Conservation: A minimum of thirty percent open space of the gross site area, as
described in Section 2.6.32 of the Land Development Code (LDC) and Policy 1.1.6 of the
GMP, will be required of the PUD. Section 4.9.C of the Goodlette Corners PUD document
requires that the minimum of thirty percent open 'lYl.,:: b,:, l'~;'.intained for the project.
ANAL YSIS: Staff completed a comprehensive evaluation of this land use petition and the
criteria on which a favorable determination mu~t be based. These criteria are specifically
noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Lmd Development Code (LDC) and
required staff evaluation and comment. The Collier County Planning Commission (CCPC)
also must utilize these criteria as the basis for their recommendation to the Collier Cmmty
Board of County Commissioners (BCe). Appropriate evaluation of petitions for amendments
to PUDs should establish a factual basis for supportive action by appointed and elected
decision-makers. Each of the potential impacts or considerations identified during the staff
review are listed under each of the criteria noted and are summarized by staff, culminating in
a determination of compliance, non-compliance. or ccmpliance with mitigation. These
PUDA-03-AR4788, Goodlette Comers PUD 7
evaluations are completed as separate documents and are attached to the staff report (See
Exhibit "A" and Exhibit "B").
Environmental Analysis: Environmental Services Staff has reviewed the petition and has
incorporated safeguards within the PUD document to ensure compliance with the
environmental regulations. The Environmental Section (4.10), of the Goodlette Corners
PUD document has been revised through the amendment process to reflect the most current
environmental regulations. The subject site is completely altered, isolated by a major
roadway and development, and is actively used by existing structures. The subject parcel is
not a viable habitat for species to nest, den, or forage. No endangered, threatened, or species
of special concern were observed on the site.
Transportation Analysis: Transportation Department Staff has reviewed the petition and
notes the following: The PUD document, in relation to the Transportation element, has been
updated to ensure all development within the Goodlette Corners PUD will be subject to and
compliant with the policy contained within the Transportation sub-element of the Growth
Management Plan (GMP) and the regulatory fabric contained in the Land Development Code
(LDC). The Transportation Section (4.8), of the Goodlette Corners PUD document, has been
revised through the amendment process to parallel the current LDC regulations.
Utility Issues: The Utilities Department Staff has reviewed the petition and notes the
following: 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. 97-17, as amended,
and other applicable County rules and regulations.
Zoning and Land Development Analysis:
As previously noted, the subject property is designated as Urban Mixed-Use, Urban
Residential Sub-district. Within the Urban-Mixed Use District, the Office and In-fill
Commercial Subdistrict (OIC) provides for, "low intensity office commercial or in-fill
commercial development on small parcels within the Urban-Mixed Use District located
along arterial and collector roadways where residential development, as allowed by the
Density Rating System, may not be compatible or appropriate." The proposed zoning action
will eliminate the sole remaining residentially zoned parcel in the immediate area. This
action will provide for a more consistent land use pattern in the local area. Considering the
availability of community infrastructure and services, and the applicant's commitments in the
PUD document, staff concludes that the proposed changes to the PUD document are
consistent with the Future Land Use Element (FLUE) of the Growth Management Plan
(GMP).
In addition to an evaluation of the proposed rezoning action to the Comprehensive Planning
consistency, an evaluation of the proposed action compared to existing land uses is required.
The discussion of the relationship to existing land uses concerns the compatibility with the
adjacent properties to the north, south, east, and west. The Goodlette Corners PUD is an
existing PUD that was created to address the redevelopment of the southern segment of Pine
Ridge Road, between US 41 and Goodlette-Frank Road. The existing land uses in the area
PUDA-03-AR4788, Goodlette Comers PUD 8
consist of legal non-conforming residential structures, legal non-conforming commercial
uses, and a recently developed self-storage facility. The recently developed self-storage
facility is the first byproduct of the redevelopment strategy. The zoning pattern in this area is
firmly established with commercial development within the local area. The land use pattern
for the area has begun its transition from a mix of residential and commercial uses to one of
commercial. The land proposed to be incorporated within the Goodlette Corners PUD is the
sole remaining portion of residentially zoned land in the immediate area. As noted, this
zoning action would eliminate the current isolated residential district that exists today. A
Residential Single Family (RSF-4) zoning district with existing homes borders the Goodlette
Corners PUD to the south. The proposed amendment will not adversely influence the criteria
utilized by the original PUD rezone to find the PUD compatible with the bordering
residentially zoned properties. The amendment will not increase the intensity or type of
commercial uses within the PUD, but rather provide more acreage for the uses to be spatially
arranged. To the east of the PUD is the existing Pine Ridge Medical Center PUD with
existing commercial structures. To the north of the Goodlette Corners PUD is the Pine Ridge
Road right-of-way.
l\'EIGHBORHOOD Il\'FORMA TIOl\' MEETIl\'G:
The petitioner held a Neighborhood Information Meeting on December 11, 2003 that was
attended by five neighboring property owners. Of those persons that spoke, no one objected
to the petitioner's request to add the parcel to the existing PUD. The questions focused upon
the self-storage operations and the continued maintenance of the buffers between the
commercial uses and the residential properties south of the PUD.
STAFF RECOMMEl\'DATIOl\':
That the Collier County Planning Commission (CCPC) forward a recommendation of
approval of Petition PUDZ-A-2003-AR-4788 that repeals Ordinance Number 02-08 as
described by the Ordinance of Adoption and exhibits thereto, the Goodlette Corners PlTD
regulatory document. subject to the conditions of approval that have been incorporated in the
PUD document with the following deviation from the Land Development Code (LDC).
1. A deviation from Section 2.4.7.4. of the LDC to modify the Type "D" landscape
buffer requirement along Goodlette-Frank Road
PUDA-03-AR47RR. Goodlette Comers PUD 9
PREP \RED BY:
u....._...... ..=.:;:??:;.::~[:~=::..~.~:~' ~.;;:..;=~__.
<. i )--(' > q
~./ ....... '. - '\
MfKE !iOS[~ AtCP, PRiNCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIFWED BY:
RAY BELLOWS. CHIEF PLA.l\'NER DATE
DEPA!nMENT OF ZONING AND LAND DEVELOPMENT REVIEW
L ~1111 A~ ..1 6-/7-0<1
~'~RAy.AICP~DlRECITk DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
Temathely scheduled for the June 22,2004 Board of County Commissioners Meeting
COLLlI:R OONry PL..\NNING COMMISSION:
RUSSI: LL A.. BUDD~ CHAIRMAN
PUDA-03-AR4788, Goodlette Comers PUD 10
REZO~E FI~DII\'GS
PETITIOI\' PUDZ-A-2003-AR-4788
Division 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studicd and considered the proposed change in
relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use Map and the elements of the Growth Management
Plan.
The subject property is designated l'rban (Urban - Mixed-Use District, Urban
Residential Subdistrict) on the Future Land Use Map (FLUE) of the Growth
Management Plan (GMP). Relevant to this petition, within the Urban-Mixed Use
District, the Office and In-fill Commercial Subdistrict (OIC) provides for, "low
intensity office commercial or in-rill :ommercial development on small parcels
within the Urban-Mixed Use District located along arterial and collector roadways
where residential development, as allowcd by the Density Rating System, may not be
compatible or appropriate." The Goodlette Corners POO was deemed consistent with
the Future Land Use Element and was approved by the BCC in 2002. The proposed
addition of one lot or .32 acres has not affectcd the consistency of the POO.
2. The existing land use pattern.
The land use pattern for the south segment of Pine Ridge Road between US 41 and
Goodlette-Frank Road is low to medium intensity commercial, with a sole parcel of
residential zoned land. The Pine Ridge :Yledical Center PUD and the Goodlette
Corners PUD, both commercial PUDs, n:gubte the land use for the area. The current
commercial uses range from hotel and restaurant to a self storage facility.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
The Goodlette Corners PUD is of suftlcient size that it will not result in an isolated
district unrelated to adjacent and nearby districts. It is also consistent with expected
land uses by virtue of its consistency with the FLUE. The result of the requested
action, incorporation of the Residential Single Family (RSF-4) parcel to the Goodlette
Comers PUD, will eliminate a "spot zonc" and grant a greater consistency to the
zoning pattern in the localized area.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The proposed amendment to the Goodlette Corners POO will eliminate the remaining
portion of land zoned residential on the south segment of Pine Ridge Road between
PUDA-03-AR4788, Goodlette Comers PUD 11
US 41 and Goodlette-Frank road. This elimination of residentially zoned land in a
commercial environment will eliminate an anomaly in the present land use pattern.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
The parcel of land sought to be added to the PUD was originally targeted for
incorporation by the original Goodlette Corners PUD, but due to reservations by the
property owner at the time of the PUD rezone, the .32 acre parcel was not included in
the original rezone. This exclusion resulted in a .32 acre of residentially zoned land
to be surrounded by commercially zoned property. In the subsequent time since the
rezone, those circumstances which prevented the parcel from being incorporated
within the PUD have dispersed. The removal of these barriers, and the potential to
eliminate a "spot zone", make the passage of the proposed amendment necessary.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The southern segment of Pine Ridge Road between US 41 and Goodlette-Frank Road
is populated with commercial zoning. The proposed amendment will provide for all
parcels of land on this segment to have a consistent land use pattern and will not
adversely influence living conditions in the neighborhood.
7. \Vhether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect
public safety.
Evaluation of this project took into account the requirement for consistency with
Policy 5.1 of the Transportation Element of the GMP and was found consistent. This
finding provides a statement that this project when developed will not excessively
increase traffic congestion. The proposed change to the Goodlette Corners PUD will
not increase the intensity of the Pun or the daily trips anticipated for the PUD. The
original PUD rezone allowed for 60,000 square feet of general retail/office space and
2.5 acres for the development of a self-storage facility. The request does not propose
any changes to the development intensity.
8. \Vhether the proposed change will create a drainage problem.
The proposed amendment will not create a drainage problem. As indicated within the
Water Management Report for Goodlette Corners PUD, the water management/storm
drainage plan will incorporate best management practices and will be consistent with
South Florida Water Management District permit criteria. Each site within the PUD
will utilize its own system of catch basins, storm sewer pipes and detention area to
provide the neccessary water quality treatment. A control structure will be utilized
PUDA-03-AR4788, Goodlette Comers PUD 12
for each site to bleed down prior to discharging into the existing lake or storm sewer
system, ultimately reaching the Goodlette Frank road roadside ditch. The storm water
for the PUD is attenuated based on the existing site runoff characteristics
9. \Vhether the proposed change will seriously reduce light and air to adjacent
areas.
The proposed incorporation of the .32 acre parcel of land within the eXIstmg
Goodlette Comers PUD will not seriously reduce light and air to adjacent areas. The
proposed request does not seek to increase the usable commercial square footage
allowed by the PUD, but rather seeks only to add acreage to the PUD. The PUD, by
regulation, must provided for a minimum of thirty percent open space within the
project. The proposed amendment will not affect this requirement.
10. Whether the proposed change will adversely affect property values in the
adjacent area.
The development standards within the Goodkne Comers PUD will not be affected by
the requested change to the PUD document. Therefore, staff is of the opinion that this
petition will not adversely affect property values. It should be noted that the value of
property is a subjective determination based upon anticipated results, which may be
internal or external to the subject property. Property valuation is affected by a host of
factors including zoning, however zoning by itself mayor may not affect values,
since value determination by law is driven by I1ldft-el \ alue.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
The property immediately adjacent to the parcel of land proposed to be incorporate
within the Goodlette Comers PUD is currently developed as a parking lot for an
existing hotel and a self storage facility. The proposed change will not present a
deterrent to any future redevelopment of the surrounding land uses.
12. Whether the proposed change will constitut: ,icrant of special privilege to an
individual owner as contrasting with the public ,..~('lfare.
The Comprehensive Planning staff has detem1ineri that proposed amendment to the
PUD complies with the GMP. In light of this [~ct, the proposed PUD Amendment
does not constitute a grant of special privilege. C;;l1sistency with the FLUE is further
determined to be a public welfare relationship because actions consistent with said
plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
PUDA-03-AR4788, Goodlette Comers PUD 13
The existing zoning, Residential Single Family (RSF-4), provides for residential use
of the property. The parcel is surrounded by commercial zoning and commercial land
uses. The surrounding commercial zoning and uses prevents the residential parcel
from enjoying the intended environment offered by residentially zoned parcels. It is
this inherent conflict between residential and commercial property which prevents the
parcel from fully realizing it's residential use.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
The proposed amendment complies with the GMP and will not adversely impact the
scale, density and overall intensity of land uses deemed to be acceptable throughout
the urban designated areas of Collier County. The amendment will bring a consistent
land use pattern to the localized area.
15. \Vhether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
The proposed amendment to the Goodlette Comers Pun will not change the list of
permitted uses or the intensity of these uses that have already been approved for
within the PUD. The request seeks to incorporate an isolated parcel of residential
zoned land within the commercial zoning pattern for the area. Due to these
circumstances, this question is not truly applicable to the proposed amendment. The
petition is consistent with all elements of the GtvIP, is compatible with the adjacent
land uses, has adequate infrastructure, and to some extent, the timing of the action is
consistent with all County codes.
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
The limited size of the parcel (.32 acres) sought to be incorporated into the Goodlette
Comers PUD presents a difficulty for the parcel to be utilized as a stand alone
permitted use. The developer has indicated that the additional parcel of land would
be utilized as either a water management area for the PUD or possibly be incorporated
with additional land within the PUD. The existing residential structure on the parcel
will require an extent of site alteration to accomplish either intended end.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and they have found it consistent with the GMP. 'The conditions
of approval have been incorporated into the PUD document. Staff reviews for
PUDA-03-AR4788. Goodlette Comers PUD 14
adequacy of public services and levels of service determined that required
infrastructure meets with GMP established relationships. The proposed change will
have no affect upon those conditions.
PUDA-03-AR4788, Goodlette Comers PUD 15
FINDINGS FOR PUD
PUDZ-A-2003-AR-4788
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plan's compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed
in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
The local area, the southern segment of Pine Ridge Road between US 41 and
Goodlette-Frank Road, is populated with commercial zoning. The proposed
amendment will provide for all parcels of land on this segment to have a
consistent land use pattern. Jurisdictional reviews by County staff support the
manner and pattern of development proposed for the subject property.
Development conditions contained in the Goodlette Comers pun document give
assurance that all infrastructures will be developed consistent with County
regulations. Any inadequacies that require supplementing the PUD document
will be recommended to the Planning Commission and the BCC as conditions of
approval by staff. Recommended mitigation measures will assure compliance
with Level of Service relationships as prescribed by the GMP.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provide evidence of unified control.
The PtJD document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals,
objectives and policies of the Growth Management Plan.
The subject petition has been found consistent with the goals, objectives and
policies of the GMP. A more detailed description of this conformity is addressed
in the Staff Report.
4. The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design,
and buffering and screening requirements.
PUDA-03-AR4788, Goodlette Comers PUD 16
,
The proposed amendment to the Goodlette Comers PUD will not change the list
of permitted uses or the intensity of thcse uses that have already been approved
for within the PUD. The request seeks to incorporate an isolated parcel of
residential zoned land within the commercial zoning pattern for the area. The
result of the proposed amendment will be greater consistency in the zoning for the
neighboring area.
5. The adequacy of usable open space areas in existence and as proposed to
serve the development.
As provided in Section 4.9.C of the PUD Document, the amount of open space set
aside by this project is consistent \vith the provisions of the Land Development
Code.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
Given the fact that the Goodlettc Curncrs peD is an existing PUD, the timing or
sequence of development in light 0 f concurrency requirements is not a significant
problem.
7. The ability of the subject property and of surrounding areas to
accommodate expansion.
The subject property is designated Urban (Urban - Mixed-Use District, Urban
Residential Subdistrict) on the Future Land Use Map of the Growth Management
Plan. Goodlette Comers PUD is an existing PUD that was created to address the
redevelopment of the area. The amendment proposes to incorporate .32 acres of
land into the existing PUD. The regulations prescribed by the PUD document
have established the means for the rCGcwlopment of the area to transpire. The
mature nature of the area ensures that the infrastructure necessary to
accommodate the redevelopment expansion is provided for in the area.
8. Conformity with Pun regulations. or as to desirable modifications of such
regulations in the particular case. based on determination that such
modifications are justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
As noted the Goodlette Comers PUD is an existing approved PUD. The
proposed amendment seeks to add .32 acres of land to the geographic boundaries
of the PUD, but does not propose any changes to the intensity or uses allowed
within the PlJD. The amendment proposes a deviation from Section 2.4.7.4.2. of
the Land Development Code (LDC) to modify the Type "D" landscape buffer
requirement for the property where it abuts Goodlette-Frank Road. This
deviation was approved within the original Goodlette Comers PUD rezone
PUDA-03-AR4788, Goodlette Comers PUD 17
application. The remaining PUD document was updated to reference all current
applicable sections of the LDC.
PUDA-03-AR4788, Goodletle Comers PUD 18
PUDZ-A-2003-AR-4788
PROJECT #2002050080
DATE: 1013/03
MIKE BOSI
APPLICA nON FOR PUBLIC HEARING FOR:
rg]pUD REZONE
rg]pUD TO PUD REZONE
Petition No.:
Date Petition Received:
Commission District:
Planner Assigned:
ABOVE TO BE COMPLETED BY STAFF
1. .!!:eneral Information:
Name of Applicant(s) Robert A. Soudan. Sr.
Applicant's Mailing Address 800 Frontae:e Road
City Northfield
State l
Zip 60093
Applicant's Telephone # (847) 441-7760
Applicant's E-Mail Address:
Fax # (847) 441-7732
Name of Agent D. Wavne Arnold
Firm O. ;Jrady Minor & Associates. P.A.
Agent's Mailing Address 3800 Via Del Rev
City Bonita SPrin2S
State FL
Zip 34134
Agent's Telephone # 239-947-1144
Fax # 239-947-0375
COlLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 NORTH HORSESHOE DRIVE
NAPLES,FL 34104
PHONE (941) 403-2400 / FAX (941) 643-6968
02J27Jl13 A_UcadoD 'or PabUc Hearia. Fu PUD RaolM
.--
* Be aware that Collier County has lobbyist regulations. GaJde younelf accordJngl*
and ensure that you are in compliance with these regulation..
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary)
Name of Homeo'ft'ller Assod.don: N/A
Mailing Address
City
State FL Zip
Name of Homeowner Association:
Mailing Address
City
State FL Zip
Name of Homeowner Association:
Mailing Address
City
State FL Zip
Name of]\faster Associadon: N/A
Mailing Address
City
State FL Zip
Name of Civic Association: N/A
Mailing Address
City
State FL Zip
2. Disclosure of Interest Informadon:
8.. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as well
as the percentage of such interest (Use additional sheets if necessary).
Name IDd Address
Percentage of Ownenbip
02127103 ADDI1Cl1ooa For hblle Burial! For PUD Reuae
b. If the property is owned by a CORPORA nON, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address, and Office
Robert A SaurIAn Sr
Robert A Soudlln lr.
Richard B. Hiel~1v!r
Charles W. SlImnte
Charles F. Snnmlcs
Pm:eotage of Stock
25%
25%
25%
12.5%
12.5%
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage oflntcrest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage ofOwnenbip
e. If there is a CONTRAcr FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
02n7JOJ ADDUratloD 'or Pll.Ur Hear:lD~ For PUD Rezoae
f
If any contingency clause or contract terms involve additional parti~ list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired (J) leased (): _Term oflease ---.Y1'SJmos.
If Petitioner has option to buy, indicate date of option: _ and date option
terJ11inAtes: -' or anticipated closing date _.
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public hearing,
it is the responsibility of the applicant, or agent on his behalf: to submit a
supplemental disclosure of interest form.
3. Dt'TsUed JellS) description of the property covered bv the appUeation: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maUmum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed survey
may be required.
Section: IS
Township: 49S
Range: 2SE
Lot:
Isle
Block: Subdivision: Naples ImD Co Little Panns and PresQJJe
Plat Book:
Page #: Property I.D.#:
Metes & Bounds Description: Please see attached legal description
4. Size of property: _ ft. X _ft. - Total Sq. Ft. _ Acres 8.8:!:
5. Address/eenera) location of subieet prODertv: 1191 Pine Ridge Court. 1200.1204.1242.
1256, 1270.1298. 1320. and 1396 Pine Ridge Road
.>'-
6.
PUD District (WC 2.2.20.4):
o Residential 0 Community Facilities
02127113 ADIlUcadon For Pubic: BearIH Fu PUD R_..
~ Commercial 0 Industrial
7. Ad iacent zonm2 and land me:
Zoning Land Use
N R.5~-J
s ~f/1
E I~ ry
W~
Does the owner of the subject property own property contiguous to the subject property? If
so, give complete legal description of entire contiguous property. (If space is inadequate,
attach on separate page).
Section: 15
Township: 49
Range: 25
Lot:
Isle
Block:
Subdiyision: Naples Imp Co Little Farms and Presque
Plat Book:
Page #: _ Property I.D.#:
Metes & Bounds Description:
8. Rezone Request: This application is requesting a rezone from the RSF-4
zoning district(s) to the PUD zoning district(s).
Prescnt Use of the Property: Sincle Family Residential. Imoroved Commercial
Proposed Use (or range of uses) of the property:
Original PUD Name: Goodlette Comers
Ordinance No.: 02-08
9. Evaluation Criteria: ~t to Section 2.7.2.5 AND Section 2.7.3.2.5 ofthc Collier
County Land Development Code, staff's analysis and recommendation to the Planning
Commission, and the Planning Commission's recommendation to the Board of County
Commissioners shall be based upon consideration of the applicable criteria noted below.
Provide a narrative statement descnoing the rezone request with specific reference to the
critena noted below. Include any backup materials and documentation in support of the
request
02/27103 ADDUcadoll Fer PabBc: Besn- Fu PUD RezoIle
..,.-.. .
PUD Rezone ConsideradonslLDC Section 2. 7.3.2.5)
J. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristic.s of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
2 Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed. jJarticularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense. Findings and recommendati01l.J of this type shall be made only after
consultation with the county attorney.
3. Confonnity of the proposed PUD with the goab, objectives and policies of the growth
management plan.
4. The internal and external compatibility of proposed uses, which conditio1J.J may include
restricti01l.J on location of improvements, restrictions on design, and bujJering and
screening requirements.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements andfacilities, both public and private.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
8. ConfOrmity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on detennination that such modifications of justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions.
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
10. Preyious laud use petitions on the subiect property: To your knowledge, bas a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? No
02127113 ADDlIcadoa For !'abUe Bearlal! For PUD Rae.e
percolation data and soil involved shall be provided .from tests prepared and certified by .
professional engineer. .
11. A dditional Submittal requirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUl if affordable housing, Joyce Ernst, if residential and Immokaleo'Water
Sewer District, ifin hnmokalee) of a 24" x 36" conceptual site plan [and one reduced
8W' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet,
depicting the following [Additional copies of the plan may be requested upon
completion of staff evaluation for distribution to the Board and various advisory
boards such as the Environmental Advisory Board (EAB), or CCPC);
. all existing and proposed structures and the dimensions thereof:
. provisions for existing and/or proposed :IlgresS and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
. required yards, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to the
site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
c. An architectmal rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (We) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of n rec~t aerial photograph, (taken within
the previous twelve months), minimwn scale of one inch equals 400 feet, shall be
submitted. Said aerial shall identify plant and/or "vilJlife habitats and their boWldaries.
Such identification shall be consistent with Florida Department of Transportation Land Use
Cover and Forms Classification System. Additionally, a calculation of the acreage (or
square feet) of native vegetation on site, by area, and a calculation and location(s) of the
required portion of native vegetation to be preserved (per.LDC Section 3.9.5.5.4.).
02/27103 AIIDUatloD "or PabUc BeariJuo "or PUD Rl2llae
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological survey or waiver application ifproperty is located within an
area ofbistorical or archaeological probability (as identified at ~application meeting);
1. Ar.y additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
j. An electronic version of the PUD on a disk as part oftbis submittal package.
Ie. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8)
Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an
appUeant to remove their publlc hearing advertising sign (5) after rmal actioD is taken
by tbe Board of County Commissiooen. Based 00 the Board's final action on th.iJ
item, please remove aU public hearing advertising sign (5) immediately.
-
02/]7103 ADDlJudull Fer hbllc Beaml! For PUD R_
.
PUD REZONE APPLICATION
SUBMITTAL CHECKLIST
This completed checklist is to be submitted with application packet!
.
RequJrementl floC Required Not
eODies Required
1. Completed ADPlicationlPUD documents 24. X
2. Copy of Decd( s) and list identifying Owner(s) and all 2. X
Partners if a Corooration
3. Completed Owner/A~ent Affidavit. Notarized 2. X
4. Prc-application notes/minutes 24. X
5. Conceptual Site Plans 24. X
6. EnvironmentAl Impact Statement - lEIS) 4 N/A
7. Aerial rhotoJmlph - (with habitat areas identified) 5- X
8. Completed Utility Provisions Statement (with required 4 X
attachm ents and sketches)
9. Traffic lmpact Statement - mS) 4 X
10. Historical & Archaeological Survey or Waiver 4 N/A
Application
11. Copies of State and/or Federal Permits 4 N/A
12. Architectural Renderin2 ofProoosed Structure(s) 4 N/A
13. Pre-Application Fee, Application Fee and Data - X
Conversion Fee Check shall be made payable to Collier
County Board of County Commissioners
14. An electronic version of the PUD on a disk as part of the X
submittal packet.
IS. PUBliC PARTICIPATION MEETING:
APPUCA nON SUBMI1TAL: Copy of Affidavit
attesting that all property owners, civic associations
and property owner associations were notified. Copy of
audiolvideo recording of public meeting. Writte:D
account ofmeeting.
16. Affordable Housing Density Bonus Agreement 4 N/A
including all Applications and Exhibits.
17. Boundary Survey (no more than 6 months old) 5
18. OTIIER REQUlREMENTS:
· Documaats ~uJrCd for Long-Range Planning Review .1 additional copy if for affordable housing
As the authorized agc:otlapplicant for this petition, J attest that all oCthe information indicated OIl this checklist is included in
this submittal package. J understand that failure to include all nccessauy submittal information may result in the delay of
~;:~~~
Agent/Applicant Si ture
iM17J03 ADollcatloa for ,.11& Hearbu! For PVD Remae
September 23. 2003
Date
t. .
2nd RE-SUBMI'ITAL
PtnO~A-2003-AJl-4788
PROJECT #2002050080
DATE: 4/1/04
MIKE BOSI
TRAFFIC IMPACT STATEMENT
FOR
GOODLETTE CORNERS PUD
(Amendment AR-4788)
Prepared for:
Robert A. Soudan, Sr.
800 Frontage Road
Northfiel~ IT.. 60093
Prepared by:
Q. GRADY MINOR & ASSOCIATES, P.A.
CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS
3800 Via Del Rey
Bonita Springs, Florida 34134
(239) 947-1144
SEPl'EMBER 2003
Revised MARCH 2004
F:\JOB\GOODl.El1C CORNERS'oCdl'OCPUDTJSDOC
~~3h{~
C. Dean Smith, P .E.
. . FL 44147
GCPUDA
Table of ContenD
Table of Contenls.................................................--..------................................................1. 11111'11 J I . j
I.J,st of Figures and Tabla .._...........___..._.....__..___...._...___..........._..........__............... i
IN'TRODUcrION ........................................._..-_.-.......111 I ,.......................11...... I r '1"1 II ,.. 1
SCOPE _._...~........I.. ..............-.......-........--...------
..,....1
TR.IP GE1VERA Tl ON ..............................................._... ...................-...- ........ 11111 II' .... I...... J .1.1 J
f LIllI 1
TR.IP ASSIGNiJtfEN7' .................................._.......__....._......._.. II ...... II ..,rT r
TITS
EXIS'1m G 7"R.A.FFIC--..--..-- 441 J 1'1 r,. ................-.......___......-......-............ J 11
TI.......8
FUTURE 'TR.A.FFIC ......................................._..___........-.1.
I I a. ...LIt II II.. W.............. 1" II'"
1.111.18
APPENDIX A, SUPPORTING DATA __._....____..._.__.___............_A-l TBRU A-S
DIScmslON.......----------------.....-.-..----...--.....-.
UI.18
List of Figures and Tables
FIG'URE 1.__..........--.....---...................-..-... ...._....... -.----.-.........................-....................~.... 2
FIGURE 2 ..._..__....._.__._..___..__.._.._......_...._...__.......____..__.....____.____...1 J.
__3
FIG'URE 3.. ......................_....__.__...._..................................--..--........-..........-.......... J I.' I. . II........ 9
FIG'URE I/. ._....__....._......_...._..__.__......__._..._....._. .-....--.--.--........-..-......... . 10
FIGURE 5 ..____...............-...-....-...-......-....---..--.._..................__._...._.._____..._..... III" '1' 11
FI G'URE 6 ..............._......................................_____..__..._.............__..._.....-......... 4. .1.'"' "'1. III .. r 12
FIGURE 7..___...------...-.......-..........--...-.....-...---.-...------.--..."... I .11 13
T ABLE 1............................-........-...................-...-.......-.--....-....................................... II r 11111 ff. 4
TABLE 2 _.. _._............._....._....................... _._.... -- .............-.....................J . I .... 11 l . I I .................... 5
TABLE 3 _. ..._......._........._....___......_.___.._ ..._._....... --..--...-.......---...--....----..... 6
T ABU 1_................_..........._...........................-.-..-...............-.....................................J J J",....... 7
TABU S ....._.__._....__......._._._...._.._._.........................--.-..--...-.--..----..1... IIII III 11 J II' 14
l
-
Page 1
GOODLETTE CORNERS PUD
INTRODUCTION
The amendment to the Goodlette Corners PUD proposes the addition of 0.3:l:: aaes to the PUD
boundary. No change in allowable land uses or increase in intensity is being requested. The 8.8:1: ac:re
parcel is located on the southwest comer at the intersection of Pine Ridge Road and Goodlette-Fnmk
Road in Section 15, Township 49 South, Range 25 East, Collier County, Florida. For project location
please refer to FJgUre 1, Projea Location, page 2. The PUD was previously approwd fOl' 60,000
square feet of general retail/office space and 2.5 acres for development of an upscale self-storage
facility. The current request does not propose any changes to this development intensity. Since the
original PUD was approved, the storage facility has been construded. The project has one existing
entrance on Goodlette-Frank Road and a number of existing entrances on Pine Ridge Road. Refer to
Figure 2, on page 3, for the proposed concept plan.
SCOPE
The follo'\\1ng analyses are included in this report:
1. Trip Generation Calculations (at buildout) presented for Peak Season Daily Traffic
(rSOT) including the respective peak hour volumes.
2. T rip Assignment within the Radius of Development Influence (ROI).
3. Existing Traffic Volwnes within the RDI; AADT volumes, PSDT volumes, and Level
of Service (LOS).
4. Discussion of impacts to roadwayS within the RDl
TRIP GENERATION
The 6th Edition Trip Generation published by the Institute ofTransportation Engineers (ITE) is used for
trip generation calculations provided in this report Please refer to Tables 1 through 4 on pages 4 to 7.
The trip generation for the proposed uses is estimated to be 2,962 trip ends for daily traffic volume and
270 trip ends during the highest peak hour (PM). The trip generation for the previous land uses is
estimated to be 676 trip ends for daily traffic volume and 75 trip ends during the PM peak hour. This
represents net new trips of2,286 trip ends for daily traffic and 195 trip ends during the highest peak
. hour for the property. Please refer to the DISCUSSION section for details concerning the effects of
these traffic volumes OD the level of service for roadway links within the RDL
F:IJOB'tGOODlEfI'E CORN!!RS\Cd1\GCPUD11S.DOC
GCPUDA
Page 2
BONITA SPRINGS
o
BONITA BEACH RO
o
0:::
t.:)
~
@)
\
\
I
1 EXIT 17
'j
\\
@1
I"'WOI<AL.[E ROAD
.,. .........
-
~
a..
0:::
.:
.... .......
.... ........
..... ,.......
..... ........
.... ........,
.. ..' .........
.... .........
GOLDEN GATE
.... ........
..... .........
......GULF Of...........
. . . MEXICO ......
DA~S 8L V1J
RADIO ROAD
..... ...........
..... ...........
@)
NAPLES
951
...... ...........
..... ............
...... ...........
..... ............
..... ............
TO MARCO
'SlAND /'
...... ...........
...... ........
. . . . . - ........
...... ........
...... ..............
...... ...............
...... ................
...... ............. - ..
...... ...................
...... ........ -..... .... .'
...... .....................
FIGURE 1
PROJECT
LOCATION
Page 3
.k- .
FIGURE 2
I i
l J I
II!
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~
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If s..
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. 111
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o dlnl
-
i!'U'IID
GOODLETTE CORNERS pun
MASTER CONCEPT PLAN
~
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Page 4
,I ~
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Page S
Table 2
ENTERIEXIT BREAKDOWN OF TRIPS DURING PM PEAK HOUR
PROPOSED USES
SHOPPING CENTER
?\.fiNI- WAREHOUSE
EXISTING USES
BUSINESS PARK
SINGLE FAMILY RES.
NET TRIP GENERATION
-
Page 6
Table 3
TOTAL PM PEAK HOUR EXTERNAL PROJECf TRIPS
PROPOSED USES
SHOPPING CENTER
MINI-W AREHOUSE
EXISTING USES
BUSINESSPARJ{
SINGLE FAMILY RES.
NET TRIP GENERATION
..,:0-.
Page 7
Table 4
TOTAL PM PEAK HOUR EXTERNAL NON-PASS BY PROJEeI' TRIPS
PROPOSED USES
SHOPPING CENTER
MINI-WAREHOUSE
,. ~. . . -. ' . -,'.
BUSINESS PARK 63 (lOA 63
~SINGLEFAMILYRBS. 12.. ~ .. 12 -
NET TRIP GENERATION
Page 8
TRIP ASSIGNMENT
The projected directional distribution of traffic to and from Goodlette Corners PUD site is based on the
previously approved zoning TIS. Project directional distnbution is shown on Flgure 3, page S. FIgure
4, page 6, shows peak hour and daily traffic volumes contnbuted to the roadway network surrounding
theproject. Figure 5, page 7, shows the detennination of the Radius of Development Influence (ROI)
for the project.
EXISTING TRAFFIC
Figure 6, page 8, shows existing AADT traffic volumes, including peak hour volumes, for all major
roadway Jinks within the ROL The values were taken from the 2003 traffic counts publisbcd in tho
Collier County Annual Update Inventory Report (AUlR). The traffic count data u presented in
Appendix A. Supporting Data. The vohunes were then projected to the current year using growthratcs
based on the increase in traffic on these linb between 2002 and 2003. Level of Service (LOS)
determinations are made based on the Peak Hour, Peak Direction Service Volumes presented in the
AUlR.
FUTURE TRAFFIC
Figure 7, page 9, shows 2005 peak hour traffic volwnes for all major roadway links within the ROL
These values were projected using the same growth rates as above. Also shown are projected volumes
including project traffic.
DISCUSSION
The impact 0 f project traffic volumes on the roadway network SUITOWl<llng the project is not significant.
The vohnne 0 f proposed project traffic does not degrade the level of service of any of the roadway links
within the project RDI below acceptable standards. Widening 0 f Goodlette-Fran.k Road north of Pine
Ridge Road and internection improvements at the intersection of the two roadways is cum:ntly under
construction.
AD segments will operate at LOS Standard or better. All seg..'!;~t.~ will also have excess peak hour
capacity gre<1tet' than the projected trip generation for the subject property. No roadway segments are
significantly impacted by project traffic.
F:\JOB'lOClODIEITE COllNERS'Cdl'lOCPDOC
GCPUDA
Page 9
-
5%
6%
6%
~ANG( BLOSSOM DR.
~
<
f!
~
-<
~
, ' , . . . , . , . . . . (t 12% ~
. . . . , , '] ~
.. .. . . .. .. .. .
"," .. SITE
J It C BlW.
25%
>-1- 5%
g}g
0iiV'> PINE RIDGE RD
16% %
0
a::
~
~ 5%
:;:)
a..
.....
15
a..
~
6% GCX..DEH GATE PIOn'
4%
rt~
.,-
12%
GULF OF
MEXICO,', i
, , . , , , , ' 1
\
FIGURE 3
TRIP DISTRIBUTION
6
..:~ 68
.,....' SITE
- , . . . , , .1
.. .. .. .. . . . .
.. . .. .. . . .. 1
GULF OF
M EX/CO '
KEY
I) PEAK HOUR (195)
2) DAlLY (2286)
12
137
.....
:<
e:
:s
<
:s
~ S9
686
23
274
9
114
12
137
ORANGE BlOSSOW DR.
o
a:::
:>0::
:l
a:::
.....
~
~
8
<..:>
12
137
C>
<>::
~
~ 9
~ 114
0...
<>::
:cc
GOIJ)[N GA TE PKiVY
7
92
FIGURE 4
PROJECT TRAFFIC
rt~
Page 10
~
<
fi!:
:I
, , , . , . , 6:S
:11(~~ ~
.' ,. . . ,SITE
, , , , . ., I
. . , . ' , ' I
.-
GULF OF i,
MEXICO '
I
I
. . . . . _ . t
9
0.76%
NO
12
0.66%
NO
12
0.66%
NO
ORANGE BLOSSOW DR.
J &: C BlW.
49
2.14% >- I-
YES~~
i?iV'l
31
0.780/.
NO
23
0.680
NO
49
~ 1.96%
::.:: YES
~
0:::
.....
12
0.3800
NO
12
0.31%
NO
12
0.26%
NO
rt~
KEY
1) PEAK HOUR TRIPS
2) PERCENTAGE OF ROADWAY'S CAPACITY
3) w:rrnIN RDI (1 % OR MORE OF CAPACITY)
,-
9
0.21%
NO
PINE Rl~ RD
6
0.13%
NO
o
ex:
~
::z:
g 9
c..
~ 0.23 %
a.. NO
ex:
:;;:
GOlDEN GA 1E PKWY
7
0.20%
NO
FIGURE 5
RADIUSOFDEVELOPMrnNT
Page 11
-'-"'i/.~'
- . . ' , , . I
- . , ' . , . i '
, ' , . , . , I
, ..' -,' SITE
, . . . . . . J
. . .. .. .. . .
.. .. . .. .. . .
~
~
j?;:
~ 39,S4
~ 2,312
LOSE
.. .. .. .. .. .. . I
GULF OF ·
MEXICO.
KEY
1) AADT
2) PEAK HO~ PEAK DlR.
,3) LOS
o
Or::
:.::
z
-<
Or::
""-
~
~
~
ORANll: 8LOSSOM OR.
23,641
1.206
LOSB
J &: C 8L\U.
~t:j
Q;~
OJ Vl PiNE RIDa: RO
49,116 I
2,871 ~I
LOSE
~I
33,910 :::J
:::>
1,789 a...
>-
LOSD ~
a...
e:::
<
I
~~I
ca.ocN GA 1E PKWY
FIGURE 6
EXISTING 2004 TRAFFIC VOLlJMES
(WITHIN RDI)
. Page 12
Page 13
-.
1~
,',' . "SITE
:f 97/LOS E
l= 9
:I 456/LOS E
~
5
~
ORANGE BLOSSOU OR.
J2S4/LOSB
49
1303/LOS B
J k C 8lW.
GULF OF ,
MEXICO,
>-..-
~....
g;;~
ai5."
PINE RIOGE RD
29871LOS E
39
30261LQS E
1861/LOS 0
49
1910/LOS 0
o
a:
<.:>
:z:
:3
5:
.....
~
0.
9;;
-<
o
a:
:..:
:z
-<
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...
~
~
Cl
'0
o
to:)
GOlOCN GA 1E PKWY
rt~
KEY
1) WITIfOUT PROJECfILOS
2) PROJECT TRAFFIC
3) WITH PROJECTILOS
-,
FIGURE 7
PROJECTED 2005 PEAK HOUR TRAFFIC VOLtThfES
(WITHIN ROI)
II)
.!
i
E-
;
~
~
(I)
~
~
11111]11
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ell
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Page 14
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APPENDIX A
SUPPORTING DATA
--
A-I
F:\1OB\GOO~ CORNERS\Cda\GCPUDTIS.DOC
GCPUDA
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A-S
PUDZ-A-2003-AR-4788
PROJECT #2002050080
DATE: 1013/03
MIKE BOSI
Prepared by:
Q. Grady Minor & Associates, P.A.
Civil Engineers. Land Surveyors - PlanDers
3800 Via Del Rey
Bonita Springs, Florida 34134
(139) 947-1144
(239) 947-0375 (Fu)
September, 2003
Nonn ' " Trebilcock, AlCP. P. .
Florida 'p ,-EO' Re~~ation 1147116
ENGINEER'S REPORT
PURPOSE: To determine the impervious area and other parameters that will be supported by
the surface water management system serving Goodlette Comers PUD, an 8. 87-acre commercial
development within the Goodlette Corners PUD.
EXISTING FACILITIES: The site consists of a self-storage facility that is currently under
constJUction, 4 existing single-family homes and 5 commercial buildings. Historically, the
residential properties drain into the existing lake within the PUD and to the Ooodlette Frank
Road roadside ditch via an existing ditch along the south property line. The commercial
properties drain directly into this existing ditch along the south property line. Ultimately, the
Gordon River Basin receives the discharge via the GoodJette Frank Road roadside ditch. The
self-storage site drains into the existing lake via a control stnlcture and onsite dry detention.
Rear yards of residential properties (Sorrento Gardens) along the southern. boundary of the PUD
drain into the project.
CONCEPTUAL FACILITIES: The conceptual water management / storm drainage plan will
incorporate best management practices and will be consistent with South Florida Water
Management District permit criteria Each site will utilize it's own system of catch basins, storm
sewer pipes and detention area to provide the necessary I" of water quality treatment or 2.5"
times the impervious area, which ever is greater. Conceptually, a control structure will be used
for each site to bleed down prior to discharging into the existing lake or the stonn sewer system,
ultimately reaching the GoodJctte Frank Road roadside ditch. The storm water for this PUD is
also attenuated based on the existing site runoff characteristics.
The drainage for the residences (Sorrento Gardens) to the south will be connected by a series of
yard drains, catch basins and storm sewer. Ultimately, the storm water will be routed to the
existing Goodlette Frank Road roadside ditch and not tie into the onsite system.
A. DRA INAGE INFORMATION
1. The wet season water table elevation and control elevation is 12.0' NOVO
based on existing control elevations of control devices within the Goodlette
FranJc Road ditch and adjusted accordingly.
2. The following design storms are to be used for this basin:
. 10 year, 1 day rainfall == 6.8 inches
. 25 year, 3 day rainfall = 11.7 inches
. 100 year, 3 day rainfall == 14.9 inches
B. SITE DATA
SITE A (Approved and UDder Construction):
Overall Site = 2.24 Ac.
Building - 0.67 Ac.
Parking = 0.58 Ac.
Pervious = 0.99 Ac.
F:\JOB\LOCXUN L B\ WMReportJ0821.doe
Page 1 of2
LUACX
Dry Detention = 0.12 Ac. (included in pervious area)
SITE B (Conceptual):
Overall Site ==
Building (Assumed) =
Parking (Assumed) =
PeC"ious =
Dry Detention ==
Lake ==
SITE C (Conceptual):
Overall Site ==
Building (Assumed) =
Parking (Assumed) =
Pervious =
Dry Detention =
2.81 Ac.
0.74 Ac. (26.3%)
0.70 Ae. (24.~1o)
0.81 Ae. (28.8%)
0.29 Ac'. (18.5%) (meIuded in pervious area)
0.52 Ac. (10.3%) .
3.81 Ae.
1.35 Ac. (35.4%)
1.20 Ae. (31.5%)
1.26 Ac. (33.1 %)
0.50 Ae. (13.1 %) (included in pervious area)
OVERALL PUD (Conceptual):
Overall Site = 8.86 Ae.
Buikling (Assumed) == 2.76 Ac. (31.2%)
Parking (Assumed) = 2.48 Ac. (28.0%)
PervIous = 3.06 Ac. (34.5%)
Dry Detention = 1.67 Ac. (18.87%) (included in pervious area)
Lake =- 0.52 Ac. ( 5.9"10)
c. WATER QUALITY: The conceptual discharge rate is within the criteria of the pre-
development site. Post-development water quality has been estimated with asswned
pervIOUS I impervious acreage values. Using these assumed values, the water quality was
calculated for 1" of water quality over the entire site or 2.5" times the impervious area.
The greater of the two values was used to detennine the water quality for each site within
the PUD. Each site was conceptually designed using a detention area and control
struCture for bleed down before discharging into the lake or the Goodlette Frank Road
roadside ditch. The characteristics of pre-development have been considered within the
scope of the water management I stonn drainage analysis for the PUD.
A conceptual hydraulic analysis was also compiled to confirm that the conceptual post-
development site would support the drainage design with. the existing limiting conditions
of the pre-development site. This analysis confirmed that the drainage design was
consistent with the existing conditions and the post development runoff characteristics
will not exceed the pre-development runoff characteristics for the PUD. These existing
runoff characteristics are provided in the attached Exhibit A.
F:\JOB\LOCKUP\S LB\ WMRqMJrt30121,doe
Page 2 of2
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ATTACHMENT A
Pre-development Site Runoff
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-
ORDINANCE NO. 04-_
At~ ORDINANCE OF TIlE BOARD OF COUNTY
COMMISSIONERS AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LA}..'D DEVELOP.MENT
CODE, WInCH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 9515N; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "RSF-4" RESlDfu\lTlAL SiNGLE
FAMILY AT FOUR UNITS PER ACRE M'D "PUD"
PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED
UNIT DEVELOPMEl'.! KNOWN AS THE GOODLETfE
CORNERS PUD HAVING THE EFFECf OF A.\1ENDING
THE PUD TO INCREASE THE ACREAGE FROM 8.5:1:
ACRES TO 8,8:t ACRES, FOR PROPERTY LOCATED
IMMEDIATELY WEST OF THE EXISTING GOODLETfE
CORNERS PUD, IN SECTION IS, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE REPEAL OF ORDINANCE
l'o"'"ID1BER 02-08, THE FORMER GOODLETfE COR.'ffiRS
PUD; A.~D BY PROVIDU\'G AI\' EFFECTIVE DATE.
WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P,A.,
representing Rohert A. Soudan, Sf., petitioned the Board of County Commissioners to change the
zoning classification of thc hcrcin dcscribcLl rcal propcrty.
NOW, THEREFORE, BE IT ORDATho'ED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The /,oning classification or the herein deS'-Tibed real property located in Section ]5,
Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUO" and "RSF-4"
to "PUO" Planned Unit Development in accordance with the PUD Document attached hereto as
Exhibit "A", which is im;orporated herein and by referen,'e made part hereof. The Official Zoning
Atlas Map numbered 9515N, as described in Ordinance Number <) ]-JU2, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION 'TWO:
Ordinance Number 02-08, known as the Goodlette Corners PUO adopted on February 26,
2002, hy the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
-.
- 1 -
SECTION THREE:
This Ordinance shall hecome effective upon fi: :;~; '.', dl the Department of State,
PASSED A..."D Dl.il Y ADOPTED by thc Board of County Commissioncrs of Collier
County, Florida, this _ day or
, :IXJ4.
AITEST:
DWIGHT E. BROCK, CLERK
BOARD OF COCt\TY COM.\11SSI0NERS
COLLIER COL"NTY, FLORIDA
BY:
00:\:\ A FIALA, CHAIRMAN
Approved as to Form and
Legal Sufficiency
Marjorie :\1. Student
Assistant County Attorney
PCDZ- A, 2003, AR ,4 7E&iMllI1o
- 2. '
-
GOODlmE COINEIS PUD
I PlANNED UNIT DMlO.Mm
PREPARED FOR:
PINE RIDGE REDEVELOPMENT GROUP
C/O AMY ASHBY
1298 PINE RIDGE ROAD
NAPLES, FLORIDA 34108
and
ROBERT SOUDAN
800 FRONTAGE ROAD
NORTHFIELD, ILLINOIS 60093
PREPARED BY:
D.WAYNE ARNOLD, AICP
a. GRADY MINOR AND ASSOCIATES, P.A.
3800 VIA DEL REY
BONITA SPRINGS, FLORIDA 34135
And
RICHARD D. YOV ANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 N. TAMIAMI TRAIL, SUITE 300
NAPLES, FLORIDA 34103
DATE FILED Februarv 26. 2002
DATE REVISED Auaust 28. 2003
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
EXHIBIT nAil
-
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III COMMERCIAL AREAS PLAN
SECTION IV DEVELOPMENT COMMITMENTS
ii
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2-1
3-1
4-1
G:\Curren~\Bmi 'osi,documents\goodlene comers-4788\Goodlette Comer!. pun document revised post ccpcdoc
EXHIBIT ''A.''
EXHIBIT ''S"
EXHIBIT · C.
EXHIBIT · D"
LIST OF EXHIBITS
PUD MASTER PLAN
LEGAL DESCRIPTION
LIST OF PROPERTY OWNERS
CONCEPTUAL ARCHITECTURAL ELEVATION
STATEMENT OF COMPLIANCE
The development of approximately 8.8:t acres of property in Collier County, as a
Planned Unit Development to be known as the Goodlette Comers PUD will be in
compliance with the planning goals and objectives of Collier County as set forth in the
Collier County Growth Management Plan. The commercial facilities of the Goodlette
Corners P UD will be consistent with the growth policies, land development regulations,
and applicable comprehensive planning objectives for the following reasons:
1. The subject property is within the Urban Mixed Use District, Urban Residential
Sub-District as shown on the Future Land Use Map and meets the requirements
of the Office and In-fill Commercial Sub-District of the Urban - Mixed Use District
in the Future Land Use Element. The Future Land Use Element permits
commercial land uses on the subject land since the project meets the
reauirements of the Office and In-fill Commercial Sub-District by: fronting on a
collector or arterial roadway, abutting commercial zoning along its western
boundary, the depth of proposed commercial uses does not exceed the depth of
the abutting commercial uses, the project will be served by public water and
sewer, the project will be compatible with existing and permitted future land uses
on surrounding properties, and the subject land area is less than twelve acres.
2. The subject property's location in relation to existing or proposed communny
facilities and services oermits the development's commercial intensity as
described in Objective 2 of the Future Land Use Element.
3. The project development's proposed uses and perimeter buffering will allow it to
be compatible and complimentary to surrounding land uses, as required in Policy
5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code (LDC) as set forth in Objective 3 of the
Fu:ure Land Use Element.
5. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
6. All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County LDC.
8. The easternmost property zoned C-1 was reviewed under the Zoning
Reevaluation Program and is deemed consistent by Future Land Use Element
Map 10.
11
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property. and to describe the existing conditions of the property proposed to be
developed under the project name of Goodlette Comers PUD.
1.2 LEGAL DESCRIPTION
The subject property being 8.8j: acres, is located in Section 15. Township 49
South, Range 25 East, and is fully described as on Exhibit UB".
1.3 PROPERTY OWNERSHIP
The subject property is owned by numerous property owners. A complete
breakdown is shown on Exhibit "C",
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located at the southwest comer of the intersection
of Goodlette-Frank Road and Pine Ridge Road (unincorporated Collier
County), Florida.
B. The approximate western 1/3 acre of the site is currently zoned RSF-4
and is vacant. The balance of the site is currently zoned PUD and is
occupied by Lock-up Storage Suites and older structures and legal non-
conforming C-3, C-S, and light industrial land uses. The entire subject
property is proposed to be rezoned to PUD for commercial land uses.
1.5 PHYSICAL DESCRIPTION
The project is located within the Gordon River Drainage Basin as shown on the
COlder County Drainage Atlas. Runoff from the site will flow southerly to the
Gordon River System. The project will be designed for a 3-day, 25-year storm
event for minimum road crown elevations and a 3-day, 100-year discharge for
mirllmum finished floor elevations, in accordance with the Rules of the South
Florida Water Management District.
Estimated site elevations, as provided on the U.S.G.S. map, range from 12 feet
NGVD to 14 feet NGVD, with an average existing grade of 13 feet NGVD. The
site is within Flood Zone "X", per the Flood Insurance Rate Maps.
1-1
Per Collier County Soil Legend dated January 1990, the soil type found within the
limits of the property is #32 - Urban land. The site has scattered slash pines,
australian pines, ficus, oaks, and exotics, such as melaleuca trees. Except for
the melaleuca trees, all of these trees were likely planted by the property owners.
1.6 PROJECT DESCRIPTION
The Goodlette Corners PUD is a project comprised of 8.8 acres designated for
cOlilmercial land uses, consisting of: office, service, and low to moderate
intensity retail land uses.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the MGoodlette Comers Planned Unit
Development Ordinance".
. ~
l.~
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PlJRPOSE
The purpose of this Section is to delineate and generally describe the project
pial of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
rela tionships.
2.2 GENERAL
A. Regulations for development of the Goodlette Comers PUD shall be in
accordance with the contents of this Document, PUD - Planned Unit
Development District and other applicable sections and parts of the Collier
County LDC and 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, such as but not limited to
final subdivision plat, final site development plan, excavation permit and
preliminary work authorization. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district in
the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County LDC in effect at the time of
building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Goodlette Comers PUD shall
become part of the regulations, which govern the manner in which the
PUD site may be developed.
D. All applicable regulations, unless specifically waived through a variance or
separate provision provided for in this PUD Document, shall remain in full
force and effect.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities of the Collier County LDC.
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2-1
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
Commercial uses are limited to 8.8:tacres.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. The general configuration of the land uses are illustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Subdivision of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2,
Subdivisions, of the LDC, and the platting laws of the State of Florida.
B. The provisions of Division 3.3, Site Development Plans, of the LDC, when
applicable, shall apply to the development of all platted tracts, or parcels
of land as provided in said Division 3.3 prior to the issuance of a building
permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
2.5 MeDEL UNITS AND SALES FACILITIES
A. Temporary sales trailers and construction trailers can be placed on the
site after site development plan approval and prior to the recording of
subdivision plats, subject to the other requirements of Subsection 2.6.33.3
of the LDC.
2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and it's stockpiling in preparation of water
marlagement facilities or to otherwise develop water bodies are hereby
permitted. Off-site disposal is also hereby permitted subject to the following
con ditions.
A. Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Subsection 3.5.5.1.3 of the LDC, whereby off-site
removal shall be limited to 10% of the total volume excavated, but not to
exceed 20,000 cubic yards.
B. All other provisions of Division 3.5, Excavation ,of the LDC shall apply.
2-2
2.7 DESIGN GUIDELINES AND STANDARDS
The site will be a master planned site having common and shared vehicular and
pedestrian access throughout. All buildings constructed within the Goodlette
Corners PUD shall be subject to Division 2.8 of the LDC, Architectural and Site
Design Standards and Guidelines.
All buildings throughout the project shall have compatible design elements.
Buildings shall contain unifying elements such as roof treatments, building
materials, color scheme, landscaping and signage. Rear building elevations
shull have similar design treatments as provided on front elevations.
In addition to the above criteria, the indoor climate controlled self-storage facility
shall be designed so that no external storage unit door faces Pine Ridge Road,
and it shall be constructed in conformance to the architectural details shown in
EXhibit D.
2.8 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
Changes and amendments may be made to this PUD Ordinance and PUD
.- Master Plan as provided in Subsection 2.7.3.5 of the LDC. PUD amendments
having the effect of modifying a development standard, permitted use,
development commitment or PUD master plan that is specific to an individual
development tract(s), may be applied for by the owner(s) of that development
tract(s). The amendment(s) that are approved shall only apply to the tract(s)
whose owner or agent applied for the amendment(s) and not to any tract(s)
whose owner or agent did not apply for the amendment(s).
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,
SECTION III
COMMERCIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Commercial Areas as shown on Exhibit · A H, PUD Master Plan.
3.2 GENERAL DESCRIPTION
Ar(~as designated as Commercial Areas on the PUD Master Plan are intended to
prcvide a variety of commercial, financial, health, and office uses. Commercial
Arf'as are limited to a maximum of 8.8~acres.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
AREA "A"
A. Permitted Principal Uses and Structures:
1. Amusement and recreation services (groups 7911 (excluding
discotheques and dance halls) and 7991).
2. Apparel and accessory stores (groups 5611 - 5699).
3. Auto supply stores (group 5531, only automobile accessory dealers
shall be permitted).
4. Auto rental a"''j;j.3er~ices (group, 7515).
5. Business services (groups 7311, 7313, 7322 - 7338, 7361, 7371 -
7384, 7389; only interior decorating/design, mapmaking, notary
public, paralegal service, and postal service contract stations shall
be permitted).
6. Depository and non-depository institutions (groups 6021-6199).
7. Eating places (group 5812 except, industrial feeding, contract
feeding and commissary restaurants) and drinking places (group
5813 cocktail lounges only in conjunction with a restaura""
Subject to the following restrictions:
3- ;
_..
a) Fast food and drive through restaurants shall be prohibited in
the PUD.
b.) Eating places shall be permitted in Areas "An and liB" and further
restricted to only those establishments primarily involved in
preparation of breakfast, lunch or catered items with customer
se.rvice hours between 6:00 a.m. and 6:00 p.m.
c) Area lie" as shown on the Master Plan shall permit full-service
sit-down restaurants. Alcoholic beverage service, other than that
consumed in conjunction with dining, shall be restricted to an area
not exceeding 15% of the restaurant's square footage, and shall not
provide alcoholic beverage service beyond the normal hours of
operation of the restaurant's full-service food preparation and dining
activities.
8. Educational services (groups 8231 - 8249 (no exterior instruction of
motorized equipment), 8299).
9. Food stores (groups 5411 - 5499).
10. General merchandise stores (groups 5331- 5399).
11. Health services (groups 8011 - 8059,8071 -8092, and 8099).
12. Holding and other investment offices (groups 6712 - 6799).
13. Home furniture, furnishings and equipment stores (groups 5712 -
5736) .
14. Insurance carriers, agents, brokers, and services (groups 6311 -
6399, 6411).
15. Legal services (group 8111).
16. Membership organizations (groups 8611, 8621, 8641 -8651).
17. Miscellaneous repair (groups 7622, 7629 - 7631, 7641 only for
antique furniture and home accessory repair and restoration, 7699
but only bicycle repair, camera repair, locksmiths, luggage repair,
medical/ dental instrument repair, musical instrument repair, piano
repair, saw/knife sharpening service, and custom picture framing).
_.
18. Miscellaneous retail (groups 5912, 5921, 5932 (antiques only),
5941 - 5949, 5992, 5994 - 5999 (except auction rooms, monument
and tombstone sales).
19. Video tape rental (7841).
3-2
20. Museums and art galleries (group 8412).
21. Paint, glass, wallpaper, hardware, and garden supply (groups
5231-5261 ).
22. Personal services (group 7212 dry-cleaning and laundry pick-up
stations only,) (7217, 7219 - 7291, 7299 (only car title and tag
service, diet workshops, tuxedo rental, and tanning salon).
23. Professional offices, research, and management consulting
services (groups 8711 -8721,8732 - 8743,8748).
24. Public administration (groups 9111 - 9222, 9229 - 9661).
25. Real estate agents and managers (groups 6512,6531 - 6552).
26. Security and commodity dealers (groups 6211 -6289).
27. Social services ,groups 8322 (only adult day care services,
counseling services, and senior citizens associations), 8351).
28. Travel agencies (group 4724).
29. Veterinary services (group 0742 for household pets only and
without any overnignr boarding or outside kennels).
30. Warehousing (group 4225 indoor climate controlled self storage
with no outdoor storage, no on-site maintenance, assembly,
manufacturing activities, and no metal roll-up garage doors.)
31. Any other uses that are comparable in nature with the foregoing
uses and are consistent with the permitted uses and purpose and
intent statement of this PUD, as determined by the Board of Zoning
Appeals.
AREA "B": All uses permitted in Area 'A" with the exception of indoor climate
controlled self-storage.
AREA "G': All uses permitted in Areas "A" and "8", except indoor climate controlled
self-storage.
AREAS "A", "B" and "e": Neighborhood Park
B. Accessory Uses:
3-3
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1 . Uses and structures that are accessory and incidental to the
permitted uses within this PUD Document.
2. Cocktail lounge (group 5813 only in conjunction with eating places)
3. Caretaker's residences subject to Section 2.6.16 of the Collier
County LDC, with the principal entry through the commercial
building.
C. Non-Conformina Uses
1. Existing residential uses in Areas "A" and "8" of the PUD Master Plan
shall be considered legal non-conforming uses based on the date of
adoption of this Ordinance and shall thereafter meet the
requirements of Division 1.8., Nonconformities, of the LDC. Each
residential use in Areas "A" and "8" shall come into compliance with
this PUD Document upon the issuance of the first building permit for
redevelopment of the lot within Areas "A" and "8" of the PUD.
2. All existing uses in Area "C" shall be considered legal non-
conforming uses based on the date of adoption of this Ordinance and
shall thereafter meet the requirements of Division 1.8.
Nonconformities; however, the provisions of all prior Collier County
Resolutions relating to approval of non-conforming use changes in
Area "C" shall remain in full force and effect. All non-conforming uses
shall cease upon the issuance of the first building permit in Area "C"
of the PUO for any permitted use listed in Section 3.3 of this PUD
Document.
3. In the event that prior to redevelopment of Area C, the County elects
to relocate Area C's access point on Goodlette-Frank Road to the
location shown on the PUD Master Plan, any non-conforming
structures or uses impacted by such access relocation may be
relocated and rebuilt within Area "C" notwithstanding any other
provision of this PUD or the LOC to the contrary.
3A OEVELOPMENTSTANOARDS
A. Minimum Lot Area:
Ten thousand (10,000) square feet.
B. Minimum Lot Width:
-
Ninety (90) feet.
C. Minimum Yards:
3-4
(1) Principal structures:
(a) Front Yards Along Goodlette-Frank Road - Fifty (50) feet.
(b) Front Yards Along Pine Ridge Road - Twenty-five (25) feet.
(c) Rear Yards Intemal to the PUD - Fifteen (15) feet.
(d) Side Yards Internal to the PUD - One-half (1/2) the building
height as measured from the closest exterior building wall
with a minimum of fifteen (15) feet.
(e) Side Yards Abutting External Commercial Land-
Twenty-five (25) feet.
(f) Side Yards Abutting External Residential Land- Twenty-five
(25) feet
(9) Rear Yards Abutting External Residential Land -
Thirty-five (35) feet.
(2) Accessory Structures:
Unless otherwise noted herein setbacks shall be as required by
Section 2.6.2 of the LOC in effect at time of building permit
application.
D. Distance Between Principal Structures on the Same Parcel:
One-half the sum of the building heights measured by the closest exterior
building wall with a minimum of fifteen (15) feet.
E. Minimum Floor Area:
Seven hundred (700) square feet for the principal structure on the first
habitable floor.
F. Maximum Heioht:
Forty-five (45) feet, not to exceed three (3) stories. The 45 foot maximum
height shall be inclusive of roof treatments and architectural
embellishments.
G. Off-Street Parkinq and Loadinq Requirements:
As required by Division 2.3 of the LDC in effect at the time of buildl' '::I
permit application.
3-5
,
H. Bufferinq Requirements:
(1) A fifteen (15) foot wide Type "0" Buffer shall be provided along Pine
Ridge Road, with the landscaping as required in Subsection 2.4.7.4
of the Collier County LOC.
(2) A deviation from Subsection 2.4.7.4 of the LOC which requires a
minimum 15 foot wide alternative "0" landscape buffer adjacent to
rights-ot-way greater than 100 feet in width, to permit a ten (10) foot
wide Type "0" buffer along Goodlette-Frank Road, including along
the west side of the off-site graveyard with the landscaping
standards as required by Subsection 2.4.7.4 of the LOC. This
buffer shall contain canopy trees, the number of which shall be
calculated based on a minimum spacing of thirty (30) feet on
center. All canopy trees within this buffer shall be a minimum of 12
feet high at time of planting.
(3) Concurrent with each phase of development, the developer shall be
required to provide along the southern PUO boundary a fifteen (15)
foot wide Type '8" buffer. The buffer shall consist of an 8 foot high
pre-cast opaque concrete (or similar material) fence. The fence
shall be off-set from the southern property line by a minimum of 7
feet. Low level landscaping shall be installed on the residential side
of the fence without provision or responsibility for irrigation and
maintenance by the applicant. Canopy trees shall be installed in
accordance with Section 2.4 at the Collier County LOC, except that
required canopy trees shall consist of mahogany trees. The buffer
shall be enhanced by the installation of cabbage palms, or similar
tree species, ranging from 12 feet to 20 feet tall at time of planting
and shall be spaced on an average of 10 feet on center.
(4) Sorrento Gardens property owners shall be permitted to extend
their residenti3! fencing into the 7 foot off-set area and up to the 8
foot high fence of the PUO along the southern PUD boundary.
I. Signs
Signs shall be permitted as described in Section 2.5 of the Collier County
LOC.
J. Hours of Operation
No twenty-four (24) hour use of any permitted use shall be permitted
within the PUO.
3-6
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PU RPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
pia ns, final subdivision plats and all applicable State and local laws, codes, and
regulations applicable to this PUD, in effect at the time of final plat, final site
development plan approval or building permit application as the case may be.
Except where specifically noted or stated otherwise, the standards and
specifications of the official LDC shall apply to this project even if the land within
the PUD is not to be platted. The developer, his successor and assigns, shall be
re~ponsible for the commitments outlined in this Document.
The developer, his successor or assignee, shall follow the PUD Master Plan and
the regulations of this PUD as adopted and any other conditions or modifications
as 'llay be agreed to in the rezoning of the property. In addition, any succe!
in title or assignee, is subject to the commitments within this Document.
4.3 PUD MASTER PLAN
A. Exhibit "A" I PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as final platting or site
development plan approval. Subject to the provisions of Subsection
2.7.3.5 of the Collier County LOC, 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 service
utilities and all common areas in the project.
4.4 SC HEDULE OF DEVELOPMENT/MONITORING REPORT
A site development plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected for completion in one (1) or
two (2) phases.
A. The landowners shall proceed and be governed according to the '
limits pursuant to Subsection 2.7.3.4 of the LOC.
4-1
B. Monitorinq Report: An annual monitoring report shall be submitted
pursuant to Subsection 2.7.3.6 of the Collier County LDC
4.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County LDC, Division
3.2., Subdivisions.
4.6 WA TER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD) Surface
Water Permit Application shall be sent to Collier County Development
Services with the SOP suomittal, if required.
B. Permits may be required for filling in a portion or all of the on-site lake,
cleaning the lake, and/or re-sculpturing it.
-
C. Lake setbacks for the existing lake (if retained) from the perimeter of the
PUD to the south shall not be required as this lake is already located
along a portion of the southern PUD boundary. Lake setbacks for any new
lakes may be reduced to twenty-five (25) feet where a six (6) foot high
fence or suitable substantial barrier is erected.
4.7 UTILITIES
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, cwred and maintained in accordance with Collier
County Ordinance No. 01-57, as amended, and other applicable Coun~
rules and regulations.
4.8 TRAFFIC
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FOOT]
Manual of Uniform Minimum Standards (MUMS), current edition, FOOl
Design Standards, current edition, and the Manual On Uniform Traffic
Control Devices (MUTeD), current edition. All other improvements shal
be consistent with and as required by the LDC.
4-2
8. 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 of the 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 No. 01-247), as it
may be amended, and the LOC, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the
time of approval of this PUO which is found to be adverse to the health.
safety and welfare of the public. Any such modifications shall be basprl
on, but are not limited to, safety, operational circulation, and road\
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. The existence of a point
of ingress, a point of egress or a median opening, or the lack thereof, shall
not 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 County shall
have no responsibility for maintenance of any such facilities.
I. If any required tum lane improvement requires the use ot existing County
rights-of-way or easements, compensating right-at-way shall be provided
without cost to Collier County as a consequence of such improvement.
J. If, in the sole opinion ot 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.
4-:
K. Drainage shall not be permitted to discharge directly into any off-site
roadway drainage system but may discharge into the canal along the
western side of Goodlette-Frank Road with necessary permits.
L. Until such time as Area "C" and the easternmost lot in Area "B" are
redeveloped, all existing access points on Pine Ridge Road for these two
areas shall remain as they exist on the date of approval of Ordinance No.
02-08 (Febuary 26,2002).
M. All commercial tracts shall provide internal cross access.
N. Access locations to Pine Ridge Road and to Goodlette Frank Road are
conceptual and subject to review and approval at final site development
plan submittal consistent with the Access Control Policy (Resolution No.
01-242), as may be amended, and the Collier County Construction
Standards Handbook for Work Within the Public Right-of-Way (Ordinance
No. 93-64), as may be amended. All access locations and median
locations are subject to modifications and/or closure at the discretion of
Collier County.
4.9 PLANNING
A. Pursuant to Subsection 2.2.25.8.1 of the LDC, if during the course of site
clearing, excavation or other construction activity, a historic or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the
Collier County Code Enforcement Department contacted.
8. All buildings, lighting, signage, landscaping and visible architecture
infrastructure shall be architecturally and aesthetically unified, and shall
comply with the Architectural and Site Design Guidelines and Standards of
the LDC. Said unified architectural theme shall include a similar
architectural design and use of similar materials and colors throughout all
of the buildings and signs to be erected on the site. Landscaping and
streetscape materials shall also be similar in design throughout the site. A
conceptual design master plan shall be submitted concurrent with the first
application for site development plan approval. The conceptual design
master plan shall depict the above referenced standards of this
Paragraph.
C. A minimum of thirty (30) percent open space of the gross site area, as
described in Section 2.6.32 of the LDC, shall be provided for this
commercial project.
4-4
-. I
i
4.10 ENVIRONMENTAL
A. An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, shall be submitted to Environmental Staff for review and
approval prior to final site development plan/construction plan approval for
all parcels included in this project.
B. This PUO shall be consistent with the environmental sections of the
Conservation and Coastal Management Element of the Growth
Management Plan and the LOC in effect at the time of final development
order approval.
C. 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.
D. A minimum of 15% of the native vegetation on each parcel shall be
retained or mitigated. This area of native vegetation will be approved at
the time of site plan I construction plan approval.
4-5
.
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LEGAL DESCRIPTION
EXHIBIT II B"
'THE' EAST 1/2 OF lHE EAS1 1/2 OF LOT 51, NAPLES
IMPROVEMENT COMPANY'S UTIlE FARMS ACCORDING TO A MAP
OR PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 2 OF THE
PUBUC RECORDS OF COWER COUNTY, FLORIDA. EXCEPTING THE
EAST 125 FEET THEREOF FOR ONE-HAlf' OF A RIGHT-Of-WAY
AND A GRAVE PLOT DESCRIBED IN OmOAL RECORD BOOK 343,
PAGE 688,
AND
LOTS 1 THRU 9, PRESQUE ISLE, ACCORDING TO PLAT THEREOf
RECORDED IN PLAT BOOK .... PAGE 48. OF THE PUBLIC RECORDS
or COWER COUNTY, FLORIDA, LESS THE NORTH 15 FEET
THEREOF.
AND
THE NOR'TH 105 FEET OF THE EAST 125 FEET OF THE WEST
HALF Of LOT 51, LESS THE NORTH 15 FEET OF ROAD
RIGHT-Of-WAY, NAPLES IMPROVEMENT COMPANy'S UTIlE
fARMS. PER PLAT IN PLA T BOOK 2, PAGE 21, OF' THE PUBUC
RECORDS OF COWER COUNTY, FLORIDA.
AND
THE MiDDLE 105 FEET OF THE EAST 125 FEET OF THE WEST
HALF Of LOT 51. NAPLES IMPRO~MENT COMPANY'S LITTLE
FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 2, PAGE 21, OF THE PUBUC RECORDS OF COlLIER
COUNTY, flORIDA.
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS:
A PORTlON OF NAPLES IMPROVEMENT CO'S UTIlE FARMS IN
PLAT BOOK 2, PAGE 2 OF THE PUBUC RECORDS OF COWER
COUNTY FLORlDA. BEING MORE PARnCULARL Y DESCRIBE AS
FOLlOWS:
BEGIN AT THE NORTHEAST CORNER Of' LOT 12 OF SORRENTO
GARDENS UNIT No.3. ACCORDING TO PlAT 800K 6, PAGE 38
OF 'THE PUBLIC RECORDS Of COWER COUNTY, FLORIDA; THENCE
RUN SOU1H 89.47'07- WEST fOR A DISTANCE OF 1,199.83 FEET;
THtNCE RUN NORTH 00'06'57- EAST fOR A DISTANCE OF
105.53 FEET; THENCE RUN SOUTH 8'9.47'23- WEST FOR A
DISTANCE or 125.00 FEET; 'THENCE RUN NORTH 00'06'57- EAST
FOR A DISTANCE OF 196.08 FEET; THENCE RUN NORTH
Rg.47'28- EAST FOR A DISTANCE OF 1,310.24 FEET; THENCE
RUN SOUTH 50W'24- EAST FOR A DISTANCE OF 19.66 FEET;
THENCE RUN SOUTH 0012'5'- ~ST FOR A DISTANCE OF 10.39
fEET; THENCE RUN SOUTH 89.49'03- WEST fOR A DISTANCE OF
15.00 FEET; THENCE RUN SOUTH 0012'51- ~ST FOR A
DISTANCE Of 60.00 FEET; THENCE RUN NORTH 89.49'0.3- EAST
FOR A DISTANCE OF 15.00 FEET; n-IENCE RUN SOUTH 0012'51-
WEST fOR A DISTANCE Of 218.40 FEET TO n-tE POINTOF
BEGINNING Of THE PARCEL Of lAND HEREIN DESCRIBED,
CONTAINING 8.847 ACRES. MORE OR LESS.
.,.,,-.......,
EXHIBIT "e"
Property Owners' Names! Addresses
(See Lot Nmnbm/Letters Shown oil PUD Muter Plan
Area "C" - 3.76-Acre parcel at SW comer of Goodlette RoadlPine Ridge Road - George
w. Shepard and SOD, Inc., P.o. Box 202; Naples, FL 34106
Most of Lot I-RoySteven& Teresa Shepard, 6718 Mill Run Circle, Naples, FL34109-
7200
Lot 2 and sum of Lot I-Amy B. Ashby, 750 Myrtle Terrace, Naples, FL 34103-2821
Lot 3 &: 4 - Edward F. McCarthey & Doris 1. Lewis, 94 Second Street South, Naples, PL
34101-5909
Lot' - Carolyn A. Marsh &. MEiry S. Booton, Trustee, 12774 Hunten Ridgo Drive,
Bonita Springs, FL 34135-3433
Lot 6 - Robert K. MUDD, 2390 Kings Lake Boulevard, Naples, FL 34112-2307
Area .. A"- 2.3 A<nS at the west end of PUD - Lock Up Pine Ridge LLC & SHS
Development Company, 800 West Frontage Road, Northfiold, II.. 60093-1205
F:\JO.B\OCIODI.B'f'N.AlrlBNlNDDDDrr Cdoo
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GOODLETTE CORNERS PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
PINE RIDGE REDEVELOPMENT GROUP
C/O AMY ASHBY
1298 PINE RIDGE ROAD
NAPLES, FLORIDA 34108
and
ROBERT SOUDAN
800 FRONTAGE ROAD
NORTHFIELD, ILLINOIS 60093
PREPARED BY:
D.WAYNE ARNOLD, AJCP
Q. GRADY MINOR AND ASSOCIATES, P.A.
3800 VIA DEL REV
BONITA SPRINGS, FLORIDA 34135
And
RICHARD D. YOVANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 N. T AMIAMI TRAIL, SUITE 300
NAPLES, FLORIDA 34103
DATE FILED Deoember 29. 2000 February 26. 2002
DATE REVISED January 1&. 2002Auaust 28.2003
DATE REVIEWED BY cepc JaAYsrv 3. 2002
DATE APPROVED BY Bee Felaruarv 2&. 2002
ORDINANCE NUMBER 02 08
EXHIBIT "A"
TABLE OF CONTENTS
TABLE OF CONTENTS
PAGE
ij
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III COMMERCIAL AREAS PLAN
SECTION IV DEVELOPMENT COMMITMENTS
iiij
4-ll
31-1
52-1
33-1
4-94-1
F:\JOB\GOODIETI1i CORNERS\PUD AMEND\.Rnited pud doc: 042104.doc
EXHIBIT MA"
EXHIBIT MS"
EXHIBIT "C.
EXHIBIT "0-
EXHIBIT "E"
EXHIBIT "F-
EXHIBIT "G"
EXHIBIT "H"
LIST OF EXHIBITS
PUO MASTER PLAN
LEGAL DESCRIPTION
LIST OF PROPERTY OWNERS
CONCEPTUAL ARCHITECTURAL ELEVATION
LOCATION MAP
BOUNDARY SURVEY
AERIAL
CONCEPTUAL STORMW A TER MANAGEMENT PLAN
F:\JOB\GOODLETIE CORNERS\PUD AMEND\RevUed pud doc 042104,doc
~i .
STATEMENT OF COMPLIANCE
The development of approximately ~.8f: acres of property in Coiner County, as a
Planned Unit Development to be known as Goodlette Comers PUD will be in
compliance with the plaMing goals and objectives of Collier County as set forth in the
Collier County Growth Management Plan. The commercial facilities of the Goodlette
Comers PUD will be consistent with the growth policies, land development regulations.
and applicable comprehensive planning objectives for the following reasons:
1. The subject property is within the Urban Mixed Use District, Urban Residential
Sub-District as shown on the Future Land Use Map and meets the requirements
of the Office and In-fill Commercial Sub-District of the Urban - Mixed Use District
in the Future land Use Element The Future land Use Element permits
commercial land uses on the subject land since the project meets the
requirements of the Office and In-fill Commercial Sub-District by: fronting on a
collector or arterial roadway, abutting commercial zoning along its western
boundary, the depth of proposed commercial uses does not exceed the depth of
the abutting commercial uses, the project will be served by public water and
sewer, the project will be compatible with existing and permitted Mure land uses
on surrounding properties, and the subject land area is less than twelve acres.
2. The subject property's location in relation to existing or proposed community
facilities and services permits the development's commercial intensity as
described in Objective 2 of the Future Land Use Element
3. The project development's proposed uses and perimeter buffering will allow it to
be compatible and complimentary to surrounding land uses, incluQiRg an existing
homo that comprisos part of its wcstern boundary, as required in Policy 5.4 of the
Future land Use Element.
4. Improvements are planned to be in compliance with applicable sections of the
Collier County land Development Code as set forth in Objective 3 of the Future
land Use Element.
5. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
6. All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
7. Tho Goodlette Comers PUD meots tho intent of Policies ~.~ and 4.7 of tho
Future Land Use Element, '.vhich encournge tho Board of County Commissioners
to consider redevelopmoflt plonE for EJ,:>ooifio ::ImaG, inoluding Pino Ridge Road
bet\\'()OR U.S. 11 and Goodlotte FfOnk Road.
F:\1OB\GOODLE11'E CORNERS\PUD ~ pud doc: 042104.doc:
Hii
8. The easternmost property zoned C-1 was reviewed under the Zoning
Reevaluation Program and is deemed consistent by Future land Use Element
Map 10. PblFSuant to Future l:md Usa Elemont Policy 4.7, tJ:lo easternmost
property is allowod ta make ohanges to the intensity of U600 in oFder te
onoour-age ra devolopment.
F:\JOB\OOODl.FITE CORNERSIPUD AMEND'.Revised pud doc: ~21 04.doc
ljiii
!
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
Ttle purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Goodlette Comers PUD.
1.2 LEGAL DESCRIPTION
The subject property being M28.8:t: acres. is located in Section 15, Township 49
South, Range 25 East, and is fully described as on Exhibit "B..
1.3 PROPERTY OWNERSHIP
The subject property is owned by numerous property owners. A complete
breakdown is shown on Exhibit .C..
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located at the southwest comer of the intersection
of Goodlette-Frank Road and Pine Ridge Road (unincorporated Collier
County), Florida.
B.
1.5 PHYSICAL DESCRIPTION
The project is located within the Gordon River Drainage Basin as shown on the
Collier County Drainage Atlas. Runoff from the site will flow southerly to the
Gordon River System. The project will be designed for a 3-day. 25-year stann
event for minimum road crown elevations and a 3-day, 1 DO-year discharge for
minimum finished floor elevations, In accordance with the Rules of the South
Florida Water Management District.
Estimated site elevations, as proVided on the U.S.G.S. map. range from 12 feet
NGVD to 14 feet NGVD, with an average existing grade of 13 feet NGVD. The
site is within Aood Zone "X., per the Flood Insurance Rate Maps.
F:\IOB\GOODLEITECORNERS\PUD ~ pud doc 042104.doc
Hl-l
Per Collier County 5011 Legend dated January 1990, the soli type found within the
limits of the property is #32 - Urban land. The site has scattered slash pines,
australian pines, ficus, oaks, and exotics, such as melaleuca trees. Except for
the melaleuca trees, all of these trees were Ukely planted by the property owners.
1.6 PROJECT DESCRIPTION
The Goodlette Comers PUD is a project comprised of ~L8-acres designated
for commercial land uses, consisting of: office, service, and low to moderate
intensity retail land uses.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the .Goodlette Comers Planned Unit
Development Ordinance-.
F;\]OB\OOODLE1TE CORNERS\PUD AMENJ)',Reviscd pud doc 042104.doc:
Hl-2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PU RPOSE
The purpose of this Section Is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances. the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
A. Regulations for development of the Goodletle Comers PUD shalf be in
accordance with the contents of this document, PUD - Planned Unit
Development District and other applicable sections and parts of the Collier
County Land Development Code and 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, such as but not
limited to Final Subdivision Plat, Final Site Development Plan, Excavation
Pennit and Preliminary Work Authorization. Where these regulations fail
to provide developmental standards, then the proviSions of the most
similar district in the Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth In the Collier County Land Development Code in
effect at the time of building pennit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Goodletle Comers PUD shaH
become part of the regulations, which govern the manner in which the
PUD site may be developed.
D. All applicable regulations, unless specifically waived through a variance or
separate provision provided for in this PUD Document, shall remain in full
force and effect.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the proviSions of Division 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earliest, or
next, to occur of either Final Site Development Plan approval, Final Plat
approval, or building pennit Issuance applicable to this development.
F:\JOB\GOODlETTE CORNERS\PUD AMEND'.RtM.Ied pud doc 042104,doc
~2-1
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
Commercial uses are limited to ~.8:l:-acres.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A The generat configuration of the land uses are illustrated graphicaHy on
Exhibit ffAfII, PUD Master Plan, which constitutes the required PUD
Development Plan. Subdivision of the property and the development of
the land shatl be in compliance with the PUD Master Plan, DMsion 3.2
Subdivisions of the land Development Code, and the platting laws of the
State of Florida.
B. The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to
the issuance of a building permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
2.5 MODEL UNITS AND SALES FACILITIES
A Temporary sales trailers and construction trailers can be placed on the
site after Site Development Plan approval and prior to the recording of
Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of
the Land Development Code.
2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and it's stockpiling in preparation of water
management facilities or to otherwise develop water bodies are hereby
permitted. Off-site disposal is also hereby permitted subject to the following
conditions.
A. ExcavatJon activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
B. All other provisions of Division 3.5 Excavation of the Land Development
Code shall apply.
F:\JOB\GOODLETIE CORNERS\PUD AMEND\RerisecI pud doc: 042104.doc:
H2-2.
2.7 DESIGN GUIDELINES AND STANDARDS
The site will be a master planned site having common and shared vehicular and
pedestrian access throughout. All buildings constructed within the Goodlette
Comers PUD shall be subject to division 2.8 of the Collier County LOC,
Architectural and Site Design Standards and Guidennes.
All buildings throughout the project shall have compatible design elements.
Buildings shall contain unifying elements such as roof treatments, building
materials, color scheme, landscaping and signage. Rear building elevations
shall have similar design treatments as provided on front elevations.
In addition to the above criteria, the indoor climate controlled self-storage facility
shall be designed so that no external storage unit door faces Pine Ridge Road,
and it shall be constructed in confonnance to the architectural details shown in
Exhibit D.
2.8 Changes and Amendments to PUO Document or PUD Master Plan
Ctlanges and amendments may be made to this PUD Ordinance and PUD
Master Plan as provided in Section 2.7.3.5 of the LOC. PUD amendments
having the effect of modifying a development standard, pennitted use,
development commitment or PUD master plan that is specific to an individual
development tract(s), may be applied for by the owner(s) of that development
tract(s). The amendment(s) that are approved shall only apply to the tract(s) that
applied for the amendment(s) and not to any tract(s) not applying for the
amendment(s).
F:\JOB\GOODIEITE CORNERS\PUD AMEND'.RevUed pod doc 042 1 O4.doc
+:}2-3
SECTION III
COMMERCIAL AREAS PLAN
3.1 PURPOSE
The purpOse of this Section is to identify specific development standards for the
Commercial Areas as shown on Exhibit "A", PUD Master Plan.
3.2 GENERAL DESCRIPTION
Areas designated as Commercial Areas on the PUD Master Plan are intended to
provide a variety of commercial, financial, health, and office uses. Commercial
Areas are limited to a maximum of ~.8::!:-acres.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
AREA A:
A. Permitted Princical Uses and Structures:
1. Amusement and Recreation Services (groups 7911 (excluding
discotheques and dance halls) and 7991.
2. Apparel and Accessory Stores (groups 5611 - 5699).
3. Auto Supply Stores (group 5531, only automobile accessory
dealers shall be permitted).
4. Auto Rental and Services (group, 7515,
5. Business Services (groups 731 i, 7'313, 7322 - 7338, 7361, 7371 -
7384, 7389 only, interior decorat'1g1design, mapmaking, notary
public, paralegal service, and Postal Service contract stations).
6. Depository and Non-Depository Institutions (groups 6021-6199). '
7. Eating Places (group 5812 except, industrial feeding, contract
feeding and commissary restaurants) and Drinking Places (group
5813 cocktail lounges only in conjunction with a restaurant.)
Subject to the follOwing restrictions:
a). Fast food and drive through restaurants shall be prohibited in
the PUD.
F:\lOB\OOODLETfE CORNER.S\PUD AMENIMevUcd pud doc 042104.doc
Y3-1
b.) Eating places shall be permitted in Areas A and B and further.
restricted to only those establishments primarily involved in
preparation of breakfast, lunch or catered items with customer
service hours between 6:00 a.m. and 6:00 p.m.
c) Area C as shown on the master plan shall permit full-service sit-
down restaurants. Alcoholic beverage service, other than that
consumed in conjunction with dining, shall be resbicted to an area
not exceeding 15% of the restauranfs square footage, and shall not
provide alcoholic beverage service beyond the nonnal hours of
operation of the restauranfs full-service food preparation and
dining.
8. Educational Services (groups 8231 - 8249 (no exterior instruction of
motorized equipment), 8299).
9. Food Stores (groups 5411 - 5499).
10. General Merchandise Stores (groups 5331- 5399).
11. Health Services (groups 8011 - 8059, 8071 -8092, and 8099).
12. Holding and Other Investment Offices (groups 6712 - 6799).
13. Home Furniture, Furnishings and Equipment Stores (groups 5712 -
5736).
14. Insurance Carriers, Agents, Brokers, and Services (groups 6311 -
6399, 6411).
15. Legal Services (group 8111).
16. Membership Organizations (groups 8611, 8621, 8641 -8651).
17. Miscellaneous Repair (groups 7622, 7629 - 7631, 7641 only for
antique furniture and home accessory repair and restoration, 7699
but only bicycle repair, camera repair, locksmiths, luggage repair,
medicaV dental instrument repair, musical instrument repair, piano
repair, sawlknife sharpening service, and custom picture framing).
18. Miscellaneous Retail (groups 5912, 5921, 5932 (antiques only),
5941 - 5949, 5992, 5994 - 5999 (except auction rooms, monument
and tombstone sales).
19. Video Tape Rental (7841).
20. Museums and Art Galleries (group 8412).
F:'JOB'.oOODUTI'E CORNEllS\J'l/D AMEND\ReYised pud doc: 042104.doc
+:53-2
21. Paint, Glass, Wallpaper, Hardware, and Garden Supply (groups
5231-5261).
22. Personal Services (group 7212 dry-cleaning and raundry pickup
stations only, 7217, 7219 - 7291, 7299 (only car title and tag
service, diet workshops, tuxedo rental, and tanning salon).
23. Professional Offices, Research, and Management Consulting
Services (groups 8711 -8721, 8732..:..8743, 8748).
24. Public Administration (groups 9111 - 9222, 9229 - 9661).
25. Real Estate Agents and Managers (groups 6512, 6531 - 6552).
26. Security and Commodity Dealers (groups 6211 -6289).
27. Social Services (groups 8322 (only adult day care services,
counseling services, and senior citizens associations), 8351).
28. Travel Agencies (group 4724).
29. Veterinary Services (group 0742 for household pets only and
without any overnight boarding or outside kennels).
30. Warehousing (group 4225 indoor climate controlled self storage
with no outdoor storage, no on-site maintenance, assembly,
manufacturing activities, and no metal roll-up garage doors.)
31. Any other commercial use or professional s6rviG6, whiGh is
comparable in natur<o with the foregoing bl60&.
AREA B:
All uses permitted in Area A with the exception of indoor climate controlled
self-storage.
AREA C:
All uses permitted in Areas A and B, except indoor climate controlled self-
storage.
AREA A, 8 & C:
Community Neiahborhood Pari<
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the
Permitted Uses within this PUD Document.
2. Cocktail Lounge (group 5813 only in conjunction with Eating
Places)
F:\JOB\OOODLETTE CORNERS\PUD AMEND'IRevised pud doc 0421 04. doc
+.53-3
3. Caretaker's residences subject to Section 2.6.16 of the Collier
County land Development Code. with the principal entry through
the commercial building.
C. Non-Conformina Uses
1. Existing residential uses in Areas "A" and "B" of the PUD Master Plan
shall be considered "'egal non-confonning uses. based on the date of
adoption of this ordinance and shall thereafter meet the requirements
of DIVISION1.8. NONCONFORMITIES. Each residential use in
Areas "A" and YS" shall become in compliance with this PUD
Document, upon the issuance of the first building pennit for
redevelopment of that lot within Areas "A" and "B" of the PUD.
2. All existing uses in Area "C" shall be considered "legal non-
confonning uses" based on the date of adoption of this ordinance
shall thereafter meet the requirements of DIVISION1.8.
NONCONFORMlTIES; however, the provisions of all prior Collier
County Resolutions relating to approval of non-conforming use
changes in Area "C. shall remain in full force and effect. All non-
conforming uses shall cease upon the issuance of the first building
permit in Area "C" of the PUO for any permitted use listed in Section
3.3 of this PUD document.
In the event that prior to redevelopment of Area C, the County elects
to relocate Area C's access point on Goodlette-Frank Road to the
location shown on the PUD Master Plan, any non-conformlng
structures or uses impacted by such access relocation may be
relocated and rebuilt within Area C notwithstanding any other
provision of this PUD or the LOC to the contrary.
3.4 DEVELOPMENT STANDARDS
A. Minimum lot Area:
Ten thousand (10,000) square feet.
8. Minimum Lot Width:
Ninety (90) feet.
C. Minimum Yards:
(1) Principal structures:
(a) Front Yards Along Goodlette-Frank Road - Fifty (50) feet.
(b) Front Yards Along Pine Ridge Road - Twenty-five (25) feet.
F:\1OB'.GOODUTTE CORNERS\PUD AMEND'.Rcviscd pud doc 042 1 04,doc ~3-4
.
(c) Rear Yards Internal to the PUD - Fifteen (15) feet.
(d) Side Yards Internal to the PUD - One-half (1/2) the building
height as measured from the closest exterior building wall
with a minimum of fifteen (15) feet.
(e) Side Yards Abuttlng External Commercial Land-
Twenty-five (25) feet.
(f) Side Yards Abutting External Residential Land- Twenty-five
(25) feet
(g) Rear Yards Abutting External Residential Land-
thirty-fIVe (35) feet.
(2) Accessory Structures:
Unless otherwise noted herein setbacks shall be as required by
DMsion 2.6.2 of the Land Development Code in effect at time of
building pennit application.
D. Distance Between Principal Structures on the Same Parcel:
One-half the sum of the bUilding heights measured by the closest exterior
building walls with a minimum of fifteen (15) feet.
E. Minimum Floor Area:
Seven hundred (700) square feet for the principal structure on the first
habitable floor.
F. Maximum Heioht
Forty-five (45) feet, not to exceed three (3) stories. The 45' maximum
height shall be inclusive of roof treatments and architectural
embellishments.
G. Off-Street Parkina and Loadino Requirements:
As required by Division 2.3 of the Land Development Code in effect at the
time of building pennit application.
H. Bufferina Reaulrements:
(1) A fifteen (15) foot wide Type "0- Buffer shall be provided along Pine
Ridge Road. with the landscaping as required in Section 2.4.7.4 of
the Collier County Land Development Code.
F:\10B\GOODLETll! CORNERSlJ'UO ~ pad doc 0421 (}4,doc:
~3-S
(2) A deviation from Section 2.4.7.4 of the LDC which reauires a
minimum 15' wide alternative "0" landscape buffer adiacent to
riahts-of-wav areater than 100' in width. to oermit a ten (10) foot
wide Type "0. buffer shall bo pmvidod along Goodlette-Frank
Road, including along the west side of the off-site graveyard with
the landscaping standards, as required In Section 2.2.21.5.12.4.7.4
of the Collier County Land Development Code. This buffer shall
contain canopy trees, the number of which shall be calculated
based on a minimum spacing of twonty ffVeltlim! (2930) feet on
center. All canopy trees within this buffer shall be a minimum of 12'
high at time of planting.
(3) Concurrent with each phase of development, the developer shall be
required to provide along the southern PUO Boundary a Fifteen
(15) feet wide, Type "B" Buffer. The buffer shall consist of an 8 foot
high pre-cast opaque concrete (or similar material) fence. The
fence shall be off-set from the southern property line by a minimum
of 7'. Low level landscaping shall be installed on the residential
side of the fence. without provisions or responsibility for irrigation
and maintenance. Canopy trees shall be installed in accordance
with Section 2.4 of the Collier County LOC, except that required
canopy trees shall consist of Mahogany trees. The buffer shall be
enhanced by the installation of Cabbage Palm, or similar tree
species, ranging from 12' to 20' tall at time of planting and shall be
spaced on an average of 10' on center.
(4) Sorrento Gardens property owners shall be permitted to extend
their residential fencing into the 7' off-set area and up to the 8' high
fence of the PUO. along the southern PUD boundary.
I. Sians
Signs shall be permitted as described in Section 2.5 of the Collier County
Land Development Code.
J. Hours of Operation
No twenty-four (24) hour use of any permitted use shall be permitted
within the PUD.
F:\10B\OOODlETTE CORNERS\PUD AMENIAAcMxd pud doc 0421 04 ,doc
~3-6
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PU RPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes,
and regulations applicable to this PUD, in effect at the time of Final Plat, Final
Site Development Plan approval or building permit application as the case may
be. Except where specifically noted or stated otherwise. the standards and
specifications of the official County Land Development Code shall apply to this
project even if the land within the PUD Is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
document.
The developer, his successor or assignee, shall 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.
4.3 PUD MASTER PLAN
A. Exhibit "A., PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the prOvisions of Section 2.7.3.5 of
the Collier County Land Development Code, amendments may be made
from time to time.
8. All necessary easements, dedications, 'If other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
4.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected for completion in one (1) or
two (2) phases.
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
F:\JOB\OOODLETTE CORNERS\PUD AMEND\Reviacd pud doc 042104.doI:
+#-1
B. Monitorino ReDort: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County land Development Code.
4.5 ENGINEERING
A. This project shalt be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County land
Development Code, Division 3.2. Subdivisions.
4.6 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD) Surface
Water Permit Application shall be sent to Collier County Development
Services with the SDP submittal, if required.
B. Permits may be required for filling in a portion or all of the on-site lake,
cleaning the lake, and/or re-sculpturing it.
C. Lake setbacks for the existing lake (if retained) from the perimeter of the
PUD to the south shall not be required as this lake is already located
along a portion of the southern PUD boundary. lake setbacks for any new
lakes may be reduced to twenty-five (25) feet where a six (6) foot high
fence or suitable substantial barrier is erected.
4.7 UTILITIES
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. 97-17, as amended, and other applicable County
rules and regulations.
4.8 TRAFFIC
.
F:\JOB\OOODIElTE CORNERS\PUD AMEND'tRevUed pud doc OOI04,doc
+.s4-2
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4.9 PLANNING
A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found. all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
B. 8. All buildings, lighting, signage, landscaping and visible architecture
infrastructure shall be architecturally and aesthetically unified. and shall
comply with the Architectural and Site Design Guidelines and Standards of
the Land Development Code. Said unified architectural theme shall
include a similar architectural design and use of similar materials and
colors throughout all of the buildings and signs to be erected on the site.
Landscaping and streetscape materials shall also be similar in design
throughout the site. A conceptual design master plan shall be submitted
concurrent with the first application for Site Development Plan approval
depicting these standards.
C. A minimum of thirty (30) cercent ocen scace of the Qross site area. as
described in Section 2.6.32 of the Land Develocment Code. shall be
provided for this commercial oroiect.
F:IJOB\(]()()DIEITE CORNERS\PUD AMliND'\ReviMd pud doc 042104.doc
H4-4
,
4.10 ENVIRONMENTAL-
A. An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, shall be submitted to Current Planning Environmental
Staff for review and approval prior to Final Site Development
Plan/Construction Plan approval for all parcels included on that project.
S- ^ minimum of thirty (30) porcont open &paoo of tho gross site ar-ea, a8
described in Section 2.6.32 of tho L:md Development Codo, shall be pr9)AdeQ for
th IS oommercial pr<ojeot.
D This PUD shall be consistent with the Environmental section of the GMP
Conservation and Coastal Manaaement Element and the LOC at the time
of final development order approval.
E. All cateQory I invasive exotic plants, as defined bv the Florida Exotic Pest
Plant Council. shall be removed from within oreserve areas and
subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the oropertv owner.
,,~
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F:V08\OOODU'TlE CORNERS\PUD ~ pud doe 042 J 04. doc:
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LECAL DESCRIPTION
EXHIBIT II E"
ll-lE' EAST 1/2 Of' THE EAST 1/2 OF LOT 51, NAPLES
IMPROVEMENT COMPANy'S UmE FARMS ACCORDING TO A MAP
OR PLAT THf:REOF RECORDED 11'4 PLAT BOOK 2. PAGE 2 OF THE
PUBLIC RECORDS OF COllIER COUNTY, FLORIOA, EXCEPTING llfE
EAST' 125 FEET THEREOF fOR ONE-HALF OF A RIGHT-OF-WAY
AND A GRA \IE PLOT DESCRIBEO IN OmCIAL RECORD BOOK 3.3,
PAGE 688.
AND
LOTS 1 lHRU 9. PRESQUE ISLE. ACCORDING TO PLAT THEREOF
RECORDED IN PLAT BOOK ., PAGE 48, OF THE PUBLIC RECORDS
OF COWER COUNTY. FLORIDA, LESS THf: NORTH 15 FEET
THEREOf'.
AND
THE NORTH 105 FEET OF THE EAST 125 FEET OF THE '/rEST
HALF OF LOT 51, LESS THE NORTH 15 fEET OF ROAD
RIGHT-OF-WAY, NAPLES IMPROVEMENT COMPANY'S UTILE
FARMS. PER PLAT IN PLAT BOOK 2. PAGE 21, Of' THE PUBUC
RECORDS OF COWER COUNTY, flORIDA.
AND
THE MIDDLE 105 FEET OF THE EAST 125 FEET OF niE WEST
HALF OF LOT 51. NAPLES IMPROVEMENT COMPANY'S UTTLE
FARMS, ACCORDING TO THE PLA T THEREOF AS RECORDED IN
PLAT BOOK 2, PAGE 21, Of' THE PUBLIC RECORDS OF COUIER
COUNTY, flORIDA.
MORE PARTlCULARLY DESCRIBED BY METES AND BOUNDS AS:
A PORTlON OF NAPLES IMPROVEMENT CO'S UTILE FARMS IN
PLAT BOOK 2. PAGE 2 Of' THE PUBUC RECORDS OF COWER
COUNTY FlORfDA. BEING MORE PARllCULARL Y DESCRIBE AS
FOLlOWS:
OEGlN AT THE NORTHEAST CORNER OF LOT 12 OF SORRENTO
GARDENS UNIT No.3, ACCORDING TO PlAT BOOK 6, PAGE 38
OF THE PUBUC RECORDS Of' COWER COUNTY. F1..,GRIDA; THENCE
RUN SOUTH 890.7'07. WEST FOR A DISTANCE OF ',199.83 FEET;
THE:NCE RUN NORTH 00'06'57- EAST FOR A DISTANCE Of'
105.53 FEET; THENCE RUN SOUTH 8'9047'2.3- 'NEST FOR A
DISTANCE OF 125.00 FEET; THENCE RUN NORTH 00"06'57. EAST
F OR A DISTANCE OF 196.08 FEET; THENCE RUN NORTH
89'47'28- EAST FOR A DISTANCE OF 1,310.24 ITET; THENCE
RUN scum 50"00'24- EAST FOR A DISTANCE OF 19.66 FEET;
THENCE ~UN SOUTH 0012'51. YtfST FOR A DISTANCE OF 10.39
FEET; THENCE RUN SOUTH 89.....9'03. WEST FOR A DISTANCE or
15,00 FEET; THENCE RUN SOUllf 0012'51. WEST FOR A
DISTANCE OF 60.00 FEET; THENCE RUN NORTH 89"4-9'03- EAST
FOR A DISTANCE OF 15.00 FEET; llfENCE RUN SOUTH 0012'51.
'M:ST FOR A DISTANCE OF 218.40 FEET TO THE POINTOF
BEGINNING OF THE PARca OF LAND HEREIN DESCRIBED,
CONTAINING 8.8.7 ACRES. MORE OR LESS.
EXHIBlf "C"
Property Owners' Names! Addrcue8
(See Lot NumbcnlLetters Shown oil PUD Master Plan
Area "C" - 3.76-Acrc parcel at SW comer of Goodlette RoadIPine Ridge Road - George
W. Sbepard and Son, Inc., P.O. Box 202; Naples, FL 34106
Most of Lot I-Roy Steven & Teresa Shepard, 6718 Mill Run Circle, Naples, FL34109-
1200
Lot 2 and sum of Lot 1 - Amy B. Ashby, 750 Myrtle Terrace, Naples, FL 34103-2821
Lot 3 &. 4 - Edward F. McCarthey Il. Doris 1. Lewis, 94 Second Street South, Naples, FL
34102-5909
Lot 5 - Carolyn A. Marm & M8cy S. Booton, Trustee, 12774 Huntcn Ridgo Drive.
Bonita Springs, FL 34135-3433
Lot 6 - Robert K. Munn, 2390.KiDgs Lake Boulevard, Naples, FL 34112-2307
Area "A"- 2.3 Acres at the west end ofPUD - Lock Up Pine Ridge LLC & SHS
Development Company, 800 West Frontage Road, Northfie1d, IL 60093-1205
F:\JOB'OOODlBTN'VD AMBNDUIXBIBJrCAh
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