Agenda 07/09/2013 Item #16A13 Proposed Agenda Changes
Board of County Commissioners Meeting
July 9,2013
Add On Item 10D: Recommendation that the Board of County Commissioners direct staff to
research the economic development tools(as outlined in the executive summary) as part of the
overall economic development program for the county and bring back recommendations to the
Board in October 2013. (Commissioner Hiller's request)
Withdraw Item 16A13: Recommendation to
acknowledge and allow for 2210 Vanderbilt
Beach Road, LLC to proceed at their own
risk in replace existing non-conforming
signage on their property, while seeking a
Variance from the existing sign regulations.
(Staff's request)
Move Item 16F3 to Item 11C: Recommendation to approve a Change Order#5 to Contract# 10-
5541 with Paradise Advertising and Marketing,Inc.for Tourism Marketing Services to reflect a
requested increase for marketing services for the Office of Business and Economic Development in
the amount of$75,000 and authorize the Chairwoman to execute the Change Order.
(Commissioner Nance's request)
Add On Item 16K1: Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Amendment in the lawsuit entitled Collier County et al v. Florida
Georgia Grove,LLP, et al, filed in the Twentieth Judicial Circuit in and for Collier County,Florida
(Case No. 11-1640-CA)and direct County staff to commence the process of vacating any claimed
public right-of-way or prescriptive easement interest to a portion of Mamie Street. (County
Attorney's request)
Move Item 17D to 16D5: Recommendation to approve a budget amendment recognizing and
appropriating$128,900 of unbudgeted carryforward in the Museum operating fund to initiate
building repairs and provide enhanced services and facilities for the public. (Staff's request)
7/9/2013 16.A.13.
EXECUTIVE SUMMARY
Recommendation to acknowledge and allow the owners of 2210 Vanderbilt Beach Road, LLC. to
proceed at their own risk with alterations of existing non-conforming signage on their property for
new tenants,while seeking a Variance from the existing sign regulations.
OBJECTIVE: That the Board of County Commissioners (Board) acknowledges and allows for
the alteration of the existing non-conforming signage at the 2210 Vanderbilt Beach Road
location, with the understanding that the property owner is proceeding at his or her own risk. In
the event that the Variance petition is denied, then all alterations would have to be brought in
compliance with the existing regulations.
CONSIDERATIONS: The existing non-conforming signage at 2210 Vanderbilt Beach Road
location predates the existing signage regulation and the property owner is seeking to allow for
alterations to the existing non-conforming signage to allow new tenants to occupy a portion of
the building and signage. To gain full compliance, the property owner will need to seek a
variance from the existing sign regulations. This Executive Summary is authored at the request
of the property owner to allow for the alteration of the signage, while the Variance application is
processed, reviewed, and decided. The property owner understands that they are assuming all
risk and that if the Variance petition is ultimately denied, then the signage alteration will have to
comply with the current regulations of the Land Development Code. A letter from the property
owner agreeing to this assumption of risk is included in the backup documentation to this
Executive Summary.
FISCAL IMPACT: There is no cost to Collier County associated with this proposal.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. The applicant will be required to sign a hold harmless and
indemnification clause at the time of application to replace the existing signs.—HFAC
RECOMMENDATION: That the Board acknowledge and allows for the alteration of existing
non-conforming signage at the 2210 Vanderbilt Beach Road location, while the applicant seeks
the required Variance.
Prepared By: Mike Bosi, Director, Planning and Zoning Department, Growth Management
Division
Attachments: (1) Sign alteration request from 2210 Vanderbilt Beach Road, LLC
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7/9/2013 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to acknowledge and allow the owners of 2210
Vanderbilt Beach Road, LLC. to proceed at their own risk with alterations of existing non-
conforming signage on their property for new tenants, while seeking a Variance from the
existing sign regulations.
Meeting Date: 7/9/2013
Prepared By
Name: BosiMichael
Title: Manager-Planning,Comprehensive Planning
6/13/2013 1:52:00 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 6/18/2013 8:51:32 AM
Name: RegisterBruce
Date: 6/18/2013 10:25:25 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/18/2013 10:25:53 AM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 6/28/2013 1:17:43 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/28/2013 3:53:08 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 7/1/2013 9:46:32 AM
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7/9/2013 16.A.13.
Name: OchsLeo
Title: County Manager
Date: 7/1/2013 11:46:18 AM
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7/9/2013 16.A.13.
2210 Vanderbilt Beach Road, LLC
PO Box 61768
Fort Myers, FL 33906
May 28, 2013
Collier County Zoning Department
c/o Ray Bellows, Zoning Manager
2800 North Horseshoe Drive
Naples, FL 34104
Re: Placement of Signs on 2210 Vanderbilt Beach Rd.
Dear Mr. Bellows:
On behalf of 2210 Vanderbilt Beach Road, LLC, the owner of Units 101 through
106 of 2210 Building Condominium, I do hereby confirm that we do possess the legal
exclusive rights to maintain signage on the top east façade and top west end of the
North façade of the exterior of 2210 Vanderbilt Beach Road. I have attached the
recorded "Assignment under designation of signage rights and easement" as further
confirmation of our rights. Though we are replacing (2) existing signs that were
grandfathered in, we need to get a Variance. We are in the process of getting the
variance to allow more than 1 sign on the building in addition to having our signs on the
3rd floor while we occupy the 1St floor, The (2) signs have been designed to not exceed
64 sq ft in order to comply with the existing code regarding size. The sign on the top
west end of the North Façade will read "RETINA" and the sign on the Top East Façade
will read "RETINA HEALTH CENTER". We are requesting the permission to place the
signs prior to the variance approval. We do acknowledge that we would be placing the
signs at our own risk and in the event that the Variance is not approved, we will
immediately remove the signs.
Sincerely,
Alexander M. Eaton, M.D.
Enclosures: -Signage Rights Designation
-Sign Designs
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7/9/2013 16.A.13.
otZ ."1114t
BAYVIEW
PROPERTY MANAGEMENT OORP.
June 10, 2013
To: Dr.Alexander Eaton
Owner.of Units 101/106 - 2210 Building, A Condominium
Re: The 2210 Building, A Condominium Association Inc.
Signage Approval
Dear Dr. Eaton: •
Your request to modify the exterior building signage at the 2210 Building, A
Condominium Association Inc. has been approved by the directors. The approval is
based on the signage "Retina" and "Retina Health Center," not exceeding sixty-four
(64)square feet each sign and the installation follows the description outlined in your
May 30, 2013 correspondence to the association.
Thank you.
Sincerely,
Russ:I1 J. Wright
Associ. ion Manager
Cc: The 2210 Building, A Condominium Board of Directors
6017 Pine Ridge Road • PMB 241 • Naples limo • phone (239)348-3030 • Fax(239) 348-3331
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7/9/2013 16.A.13.
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-mounted flush to building face Layout Detail
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THIS SIGN,8000945 BUT NOT LUSTED TO ALL PLASTIC OR SIMILARC OMPWIENTSTHEREOF,HAS BEEN DESIGNED IN COMPLIANCE Customer Approval
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DESIGNS Fort Myers,FL 33901 Salesperson:Elisha Location:2210 Vanderbilt Beach Rd.,Naples,FL(Collier County) Tg° Initial.03/182013
W a.Peewee. ' P.239 278 4245 Scale:As Noted Filepath:WPaI\grfutT\Neuna Health Genter113-Ot91,Channel letters r r 14 Revistms:3/20,385,5/22
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INSTR 4813128 OR 4897 PG 3299
RECORDED 3/1912013 10:22 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
Prepared by: COLLIER COUNTY FLORIDA
Amanda K. Barritt, Esq. DOC @.70$0.70 REC$35.50
Henderson Franklin Starnes& Holt, P.A. CONS$1000
P.O. Box 280
Fort Myers, FL33902-0280 •
ASSIGNMENT UNDER DESIGNATION OF SIGNAGE RIGHTS AND EASEMENT
THIS ASSIGNMENT UNDER DESIGNATION OF SIGNAGE RIGHTS AND EASEMENT
("Assignment") is dated this .J-i day of j`'LV(l/\ , 2013, by and between V.P.
OFFICE HOLDINGS, LLC, a Florida limited liability company ("Assignor") and 2210
VANDERBILT BEACH ROAD, LLC, a Florida limited liability company("Assignee").
Recitals:
WHEREAS, pursuant to that certain Designation of Signage Rights and Easement
recorded at Official Records Book 3417, Page 2083, of the Public Records of Collier County,
Florida (the "Designation"), Assignor granted to Rue Avenue V, L.L.C., a Florida limited liability
company ("Rue") the exclusive right to maintain signage on the top east façade and top west
end of the north façade of the exterior of the building compromising the 2210 Building, a
Condominium (the "Condominium"), pursuant to the Declaration of Condominium thereof
recorded in Official Records Book 3409, Page 3044, of the Public Records of Collier County,
Florida (the "Condominium Declaration"); and to Ingage Networks, Inc. (f/k/a Neighborhood
America, Inc.), a Delaware corporation ("Ingage") the exclusive right to maintain signage on the
top west facade and the top east end of the north façade of the exterior of the Condominium
building; and
WHEREAS, Assignee is the owner of Units 101-106 in the Condominium (the "Units"),
which Units were previously owned by Rue; and
WHEREAS, the Designation provides that the rights granted therein shall exist only so
long as Rue and Ingage have businesses in occupancy of units within the Condominium and
that the signage must be approved by the Developer prior to installation; and
WHEREAS, Assignor is the Developer under the Condominium Declaration and that
certain Master Declaration of Restrictive Covenants, Conditions, Reservations and Easements
for Venetian Plaza Office Park recorded in Official Records 3409, Page 2988, of the Public
Records of Collier County, Florida (the "Master Declaration"); and
WHEREAS, Assignor has agreed to assign, grant, and convey any and all rights
Assignor may have to the exclusive right to install and maintain signage on the top east façade
and the top west end of the north facade of the exterior of the Condominium building, or at such
locations as may be permitted by the Collier County, Florida on the east façade and the west
end of the north façade of the Condominium building and that no further approval of the signs
on the east façade or north facade is required by Assignor; and
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other
good and valuable consideration to it in hand paid by Assignee, the receipt whereof is hereby
acknowledged, the parties agree as follows:
1. The above Recitals are repeated herein as if referenced in their entirety.
#1970919v5
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7/9/2013 16.A.13.
2. Assignor does hereby assign and transfer unto Assignee, without any representations
or warranties, all rights Assignor may have to the exclusive right to install and maintain signage
on the top east façade and the top west end of the north façade of the exterior of the
•
Condominium building, or at such locations as may be permitted by the Collier County, Florida
on the east façade and the west end of the north façade of the Condominium building and
agrees that no further approval of the signs on the east façade or north façade shall be required .
by Assignor; and
3. Assignor agrees not to interfere with Assignee's exercise of the exclusive signage
rights previously granted to Rue under the Designation.
4. Assignor represents and warrants that Assignor has not and shall not grant or
approve any other sign rights in the Condominium building other than as provided in the
Designation, and further that Assignor shall not assign its rights as Developer under the
Designation to any other person.
5. By execution of this Assignment, Assignee hereby accepts the assignment.
6. This Assignment shall bind and inure to the benefit of the parties hereto and their
respective heirs,executors, personal representatives, successors and assigns.
7. Assignor agrees and covenants, if requested by Assignee, to fully cooperate and
execute or re-execute any reasonable further documentation that may be required by Assignee
to ratify and confirm this Assignment.
IN WITNESS WHEREOF, the Assignor and Assignee have hereunto set their hands and
seals the date first above written.
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WITNESSES: ASSIGNOR: -
V.P. Office Holdings, L C, a Florida limited •
liability corn..
By: A v mot/
Witness Signa re Richard L. Armalavage
Print Name: (�{1�c.. k.. —44.1190 age, Its Manage
Wi es Signature
Print me: LSZ e nn
aVE
State of Florida
County of CON Je.r
gtetler foregoing instrument was acknowledged before me this day of
C�t , 2013 by Richard L. Armalavage, as Manager or V.P. Office
Holdjngs, LLC, a Florida limited liability company, on behalf of the corporation, who is
[Vi personally known to me or [ J has produced as
identification.
dr
?, Notary Signature
RIC NIMPAPPP ACI O Printed Name: ,�
' -- a:171349
„ . My Commission Expi '`' � EXPIRES: za p
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1
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7/9/2013 16.A.13.
WITNESSES: ASSIGNEE:
2210 Vanderbilt Beach Road, LLC, a
Florida li . ed liability mpany
/7" -/L,. C<-5 By:
Witr Signa re ` Alexander M. Eaton, Its Manager
Print Name: 'C ho.elLA11/ ce5cici l r'
cc,— c.L
SSi nature
Print Name: L 1 r- (,c:,ct .^ --
State of Florida
County of t e e
The foregoing instrument was acknowledged before me this / day of
Y ali_A Z , 2013 by Alexander M. Eaton, as Manager of 2210 Vanderbilt
Beach Road, LLC, a Florida limited liability company, on behalf of the company, who is
[personally known to me or [ ] has produced
as identification. "'
[SEAL] �� ,- , '
ry Sign e 7
r serwwrr � Printed Nark .. a Gt.bc- r� G �i e
COMMISSION My Commission Expires: _ L����r
.%,:. * EXPIRES:February 21,2016
7�"Awl Bonded lin Notary Pubic Undo ers
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