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Agenda 11/16/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 16,2004 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 EXPLANA nON 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 ACCOMMODA TION 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. Page 1 of 11 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Craig Nelson, East Naples United Methodist Church B. Swear-In Commissioner Fiala, Commissioner Henning and Commissioner Coletta by Judge Ramiro Manalich. 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. Closed Session for Aquaport Case approval of minutes for May 27, 2003, March 27, 2004 and September 9, 2004. C. October 4, 2004 - BCC/Clty of Naples Joint Workshop D. October 6, 2004 _ BCC SpecialNalue Adjustment Board AM Meeting held In front half of room E. October 6, 2004 _ BCC SpeclalNalue Adjustment Board AM Meeting held in back half of room F. October 6,2004 _ BCC SpecialNalue Adjustment Board PM Meeting held in back half of room G. October 7,2004 - BCC SpeclalNalue Adjustment Board PM Meeting H. October 8, 2004 - BCC SpecialNalue Adjustment Board Meeting I. October 12,2004 - BCC Regular Meeting J. October 13,2004 - BCC SpecialNalue Adjustment Board Meeting K. October 13, 2004 - BCC/Land Development Code Meeting L. October 15, 2004 - BCCNalue Adjustment Board M. October 19, 2004 - BCC/Legislative Initiative Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. Advisory Committee Service Awards. 4. PROCLAMATIONS A. Proclamation to designate the week of November 19-25, 2004 as Fann-City Week. To be accepted by David Santee, Chairman of the Farm City Committee. B. Proclamation to designate November, 2004 as United Way of Collier County Agency Awareness Month. To be accepted by Mr. Mokey Shea and Mr. Ernie Bretzman, Executive Director of the United Way. C. The Naples Children and Education Foundation Day has been proclaimed by the Board of County Commissioners of Collier County, Florida that November 12th, 2004 was celebrated as Naples Children and Education Foundation Day. To be accepted by Dawn Montecalvo, Executive Director of the Naples Children and Education Foundation. 5. PRESENTATIONS Page 2 of 11 6. PUBLIC PETITIONS . A. Public Petition request by Graham Ginsberg to discuss access to the Pelican Bay Beaches. B. Public Petition request by Joseph Bawduniak to discuss use of Depot by the Antique Automobile Club of America, and FAA Safety Seminars for Local Pilots. C. Public Petition request by Ron Hamel to discuss Collier County's participation in Multi- County Agricultural Extension Agent Funding Proposal. 7. BOARD OF ZONING APPEALS A. This Item requires that all participants be sworn In and ex parte disclosure be provided by Commission members. NUA-2002-AR-2995: Holiday Manor Cooperative, Inc., represented by Bob Reed, requesting non-confonnlng use alteration approval, to enable unit owners to replace existing non-confonnlng structures, in conformance with the Fire Code and so as not to increase the existing non-conformities. The subject property is located at 1185 Henderson Creek Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 32:1: acres. B. This Item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2004-AR-5770, ARCO Finance, Inc., represented by Vincent A. Cautero of Coastal Engineering, Inc., requests Conditional Use 11 of the Commercial Intermediate (C-3) District for a slngle-use building greater than 5,000 square feet in area, as specified In Section 2.2.14.3.11. of the Collier County Land Development Code (LDC). The property to be considered for the conditional use is located between 104th Avenue North and 105th Avenue North, In the Naples Park Subdivision, in Section 28, Township 48 South, Range 25 East, Collier County, Florida and consists of 1.85 acres. 8. ADVERTISED PUBLIC HEARINGS A. This item was continued from the October 26, 2004 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-03-AR-4227, Wayne Arnold, representing Bryan W. Paul, requesting a Planned Unit Development (PUD) to PUD rezone for the purpose of amending the Orangetree PUD to reflect that 616 acres have been rezoned to a new PUD to be known as the Orange Blossom Ranch PUD. No other changes are proposed with this amendment. The subject PUD Is located on the northeast comer of Immokalee Road (C.R. 846) and Randall Boulevard In Sections 11,12., 13,14,23, and 24, Township 48S, Range 27E. Companion Item: PUDZ-03-AR-4150 B. This Item was continued from the October 26, 2004 BCC meeting. This Item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-03-AR-4150, Wayne Arnold, representing Bryan W. Paul, requesting to rezone 616 acres of the Orangetree Planned Unit Development (PUD) to a new PUD to be known as the Orange Blossom Ranch PUD permitting a maximum of 1,600 dwelling units; 200,000 square feet of commercial uses allowed in C-1 thru C-5 zoning districts; and, a +90-acre community facility tract permitting recreational uses, government offices, schools, child care centers, and commercial excavation. The property is located on the north and south sides of 011 Well Road (C.R. 858) and approximately one mile east of Immokalee Road (C.R. 846) In Sections 13,14, and 24, Township 48S, Range 27E. Companion Item: PUDA-03-AR-4227 Page 3 of 11 C. This item was continued from the October 12, 2004 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-03-AR-3561, Hiwasse, Inc., represented by Robert Duane of Hole Montes, Inc., requesting a rezone from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse PUD to allow for a professional office, or indoor self storage, or a combination thereof for property located on the west side of Livingston Road, approximately one-quarter mile south of Pine Ridge Road (CR-896) in Section 13, Township 49S, Range 25E. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Land Acquisition Advisory Committee. B. Appointment of members to the Board of Building Adjustments and Appeals. C. Appointment of members to the Immokalee Master Plan and Visioning Committee. D. Appointment of members to the Vanderbilt Beach Beautification MSTU Advisory Committee. E. Appointment of member to the Public Vehicle Advisory Committee. F. Request for reconsideration of Comp Plan Amendment CP-2002-02 Basik Development Company. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. Recommendation to adopt a Resolution authorizing the acquisition by condemnation of nonexclusive, perpetual utility and access easements for the maintenance and improvement of the existing North Hawthorn Wellfleld Water Supply Transmission Mains along the Cypress Canal In proximity to Wells RO 12N through RO 15N, at an estimated cost not to exceed $292,600, Project 700751. (Jim DeLony, Administrator, Public Utilities) B. Recommend to allow the trust for public lands to act on behalf of the citizens of Collier County as the facilitator of the purchase of 150+- acres of land from the Fleishmann family to preserve the Caribbean Gardens. (Marla Ramsey, Interim Administrator, Public Services) C. Recommendation to adopt Collier County's 2005 Legislative Agenda. (Beth Johnssen, Assistant to the County Manager) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:00 a.m. Status of the Sheriff's Office 2004/2005 Budget. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 4 of 11 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 for recording the final plat of "Gerald R. Flneis Subdivision". 2. Recommendation to approve the submittal of the attached Partners for Fish and Wildlife grant application to the US Fish and Wildlife Service for $20,000 (of which $10,000 will be reimbursable) to fund exotic vegetation removal and habitat restoration on Conservation Collier lands. 3. Recommendation to approve the after-the-fact submittal of the attached Sea Turtle LIcense Plate Grants Program grant application to the Caribbean Conservation Corporation for the Collier County Environmental Services Department's Sea Turtle Public Awareness Program and to approve any necessary budget amendments. 4. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Carlton Lakes Unit 3-C". The roadway and drainage Improvements will be privately maintained. 5. Petition Carny-2004-AR-6724, Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, requesting a permit to conduct a carnival from November 24, 25, 26, 27 and 28, 2004, on the church property located at 207 South 9th Street in Immokalee 6. Recommendation to approve for recording the final plat of "Tuscany Cove", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7. Recommendation to approve an Amendment to Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program at an additional cost of $1,200. 8. Recommendation to approve for recording the final plat of "Quarry Phase 1A", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9. Recommendation to approve an Amendment to Agreement for Sale and Purchase for 3.79 acres under the Conservation Collier Land Acquisition Program at an additional cost of $1,000. 10. Recommendation to have the Collier County Board Of County Commissioners adopt a Resolution amending the Collier County Administrative Code fee schedule of development related review and processing fees as provided for in Code of Laws Section 2-11. 11. Recommendation to have the Board of County Commissioners ratify the County Manager's letter where he, due to the timeliness of the issue and In his official capacity spoke for the BCC per resolution 2000-149, and in doing so provided Collier County support for a request for sharing of title to the Pal-Mar South property between the State of Florida and Palm Beach County and the future sharing of title between local governments and the State In land acquisitions for conservation purposes, as appropriate. 12. Recommendation to approve Satisfaction of Lien for Code Enforcement Board cases Aljo Inc. 2003-051 Stanley W. White, Jr. 2002-006 Robert A. Mitchell 2001- 021 Anne J. Milne and Thelma B. Garcia 2004-041 Eric B. Bertelsen 2001-084 Shadow Court Fuels, Inc. 1999-052 Derya Corporation, Usulu Okur, RA 2002-025 Page 5 of 11 13. Recommendation to approve a $300.00 reimbursement to Mr. and Mrs. John Foster to correct an erroneous posting of funds. 14. Recommendation to approve for recording the final plat of "Southpolnte at Windstar Marina 44-45 Replat". 15. Recommendation to approve for recording the final plat of "Valencia Lakes Golf and Country Club, Phase 1A", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. B. TRANSPORTATION SERVICES 1. Recommendation to accept a Quitclaim Deed for Right of Way for a portion of Woodshire Lane in Forest Lakes subdivision. Fiscal impact $18.50. 2. Recommendation to approve a Purchase Agreement for the purchase of property required to construct a stormwater retention and treatment pond (Pond No.2) for the Collier Boulevard sixlaning project (from Golden Gate Boulevard to Immokalee Road). ($362,000) 3. Recommendation for the Board of County Commissioners to approve a budget amendment to decrease the debt service payment by $100,858 and Increase the building rent payments for the Horseshoe Drive Square lease space from October 2004 through January 2005. 4. Recommend Board's approval of Adopt-a-Road Agreements (3) for the following: Sunrise Community of Collier County, Waste Management, Inc. of Florida and Corporate Cab, Inc. 5. Recommendation for the Board of County Commissioners to approve a budget amendment to recognize carry forward amounts from FY 04 for the Lely Golf Estates Beautification MSTU Fund (152) in the amount of $88,349.00 6. Recommendation that the Board approve the installation of a traffic signal at the intersection of Goodlette-Frank Road and Wilderness Drive at an annual maintenance cost of approximately $3,500. 7. Approve an Amendment No.5 to extend the time of the Contract for Professional Services Agreement by Agnoli, Barber & Brundage, Inc. for the Livingston Road Improvement Project, from Pine Ridge Road to Immokalee Road, Project No. 62071. C. PUBLIC UTILITIES 1. Recommendation to reject the bid from Vila & Sons received for Bid # 04.3716 and to provide authorization to re-advertise for the South County Water Reclamation Facility Installation of Irrigation and Landscaping, Project 725071. 2. Recommendation to approve Work Order VC-02-15 under Contract # 02.3349, General Contractor Service, with Wm. J. Varian Construction Company for services related to the South County Water Reclamation Facility - Security Upgrades and Facility Reliability Improvements, Projects 725052 and 725081. 3. Recommendation to approve an Easement Agreement and accept a Utility Easement from David H. and Anna M. Farmer at a cost not to exceed $3,296, Project 710061. 4. Recommendation to adopt a Resolution and approve a Declaration of Easement for a Utility and Access Easement within property acquired for a future park at an estimated cost not to exceed $13,531, Project 710061. Page 6 of 11 5. Recommendation to award construction contract to "Expand North County Water Reclamation Facility Process Control Building" to Bradanna, Inc., Bid 05- 3726, Project 72510 for $179,800.00. 6. Recommendation to award construction contract to "Expand South County Water Reclamation Faclllty 2nd Floor Process Controi Building" to EHC, Inc. Bid 04-3724, Project 72509 for $689,000.00 and approve a Budget Amendment for $400,000.00. D. PUBLIC SERVICES 1. Recommendation to renew an Agreement for Joint Use of Facilities with St. John Neumann High School. 2. Recommendation to approve a Purchase Agreement for three residential lots for expansion of the County's Bayview Park at a cost not to exceed $92,730. 3. Recommendation to approve after-the-fact submittal of a Florida Recreation Development Assistance Program grant application to the Florida Department of Environmental Protection for North Naples Regional Park 4. Recommendation to adopt a Resolution amending parts of Article IV of the Collier County Parks and Recreation Department Facilities and Outdoor Areas LIcense and Fee Policy. 5. Recommendation to find that this Is a valid public purpose and approve expenditures in an amount not to exceed $10,000 associated with hosting the site visitation committee as part of the National Accreditation process for the Parks and Recreation Department. 6. Recommendation to approve the FY 05 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1 ,328,240. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve the First Amendment to Lease Agreement with Jeanne L. Noe, as Trustee of the James R. Noe \I Revocable Trust, for the continued use of garage and parking space for the Sheriff's Office, at a total annual rental of $61,932.96. 2. Recommendation to approve Change Order No.6, Work Order #BSSW-OO-07, Design of the North Naples Government Services Center, to BSSW Architects, Inc. in the amount of $6,378.00. 3. Recommendation to approve the purchase of vehicles and equipment from Bid #04-12-0823 and Bid #04-05-0824 as coordinated by the Florida Sheriffs Association, The Florida Association of Counties, and the Florida Fire Chiefs Association when in the best interest of the County. 4. Recommendation to approve the after-the-fact submittal of the Cooperative Water Resources Projects Fund grant applications to the Big Cypress Basin/South Florida Water Management District for a reclaimed water system Interconnect, a central irrigation control system and Australian pine tree removal. 5. Recommendation to adopt a Resolution authorizing the Director of Facilities Management, or his designee, to execute any and all applications for development approval including rezones, environmental permitting and the like. Page 7 of 11 6. Recommendation to award Contract 04-3579, Arbitrage Rebate Calculations for Collier County in the estimated amount of $50,000 for the 2004 calculations. F. COUNTY MANAGER 1. Approval of Budget Amendments. 2. Recommendation to approve First Amendment to the 2001 Tourism Agreement with the South Florida Water Management District for Restoration of Lake Trafford Extending Agreement until November 30, 2005. 3. Recommendation to Approve a TDC Category "A" Grant Application, Interlocal Agreement, Budget Amendment and Purchase Order In the amount of $30,000, Project 90526, for Marco Island laser grading. 4. To purchase a new Fire Truck in a cost effective manner by utilizing the Florida Sheriff's Bid List in the net amount of $274,973. 5. Recommendation to approve a Lease Agreement with East Naples Fire Control and Rescue District for shared use of future Fire Station 22 at a total cost to the County of $469,530. 6. That the Board of County Commissioners waive formal competition and approve the sole source purchase of AutoPulse from Revivant. ($299,989) 7. Approve an Agreement between Collier County and the Department of Community Affairs for $105,806 for Emergency Management program enhancement. Funds, which have been make available for the eleventh year, resuling from a surcharge to residential and commercial insurance policies enable Emergency Management to enhance existing programs. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. The Board of County Commissioners sitting as the Community Redevelopment Agency. Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 In FY05 Budget tax increment financing (TIF) funds to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the 2004 Farm City Barbeque on November 24, 2004. $15.00 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Request that the Board of County Commissioners authorize Chairman Donna Fiala to sign the attached Agreement authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over private roads within the Wilshire Lakes Subdivision. Page 8 of 11 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 display in the County Manager's Office, Collier County Government Center, 2nd Floor, W. Harmon Turner Building, 3301 East Tamlami Trail, Naples, FL. 3. Recommend that the Collier County Commission endorse the United States Department of Justice/ Department of Treasury Federal Equitable Sharing Annual Certification Report. 4. That the Board of County Commissioners authorize the transfer of funds collected through the Court System to fund the Collier County Juvenile Assessment Center to the Clerk of the Circut Court to be used exclusively for the operation of the Juvenile Assessment Center. K. COUNTY ATTORNEY 1. Recommendation to approve a Stipulated Final Judgment as to Parcel 144 in the lawsuit styled Collier County v. Prlmera Iglesia Crlstlana Manantial De Vida, Inc., et al., Case No. 03.2372-CA (Golden Gate Parkway Project 60027). 2. Recommendation to authorize the making of an Offer of Judgment to Respondent, Beverly J. Gatti, for Parcel Nos. 160 & 960 in the amount of $35,305.00 In the lawsuit styled Collier County v. Beverly Gatti, et aI., Case No. 03-2551-CA (Golden Gate Parkway Project 60027). 3. Recommendation to authorize the making of an Offer of Judgment to Respondents, Daniel and Desiree Hope for Parcel No. 172 in the amount of $9,545.00 in the lawsuit styled Collier County v. Beverly Gatti, et al., Case No. 03- 2551-CA (Golden Gate Parkway Project 60027). 4. Recommendation to authorize the making of an Offer 'of Judgment to Respondents, Joseph and Beth Manning for Parcel No. 169 in the amount of $8,510.00 in the lawsuit styled Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550-CA (Golden Gate Parkway Project 60027). 5. Recommendation to authorize the making of an Offer of Judgment to Respondents, Marvin and Eva Smith for Parcel Nos. 162 & 762 In the amount of $20,355.00 in the lawsuit styled Collier County v. Beverly Gatti, et al., Case No. 03-2551-CA (Golden Gate Parkway Project 60027). 6. Recommendation to authorize the making of an Offer of Judgment to Respondents, David and Barbara S. Burgeson for Parcel No. 170 In the amount of $15,000.00 In the lawsuit styled Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550.CA (Golden Gate Parkway Project 60027). 7. Recommendation to authorize the making of an Offer of Judgment to Respondents, Donald and Pauline Profitt, for Parcel No. 156 in the amount of $24,265.00 In the lawsuit styled Collier County v. Joseph Sannicandro, et aI., Case No. 03-2500.CA (Golden Gate Parkway Project 60027). 8. Recommendation to approve the Mediated Settlement Agreement as to Parcels 132A and 132B in the lawsuit styled Collier County v. Village Walk Homeowners Association of Naples, Inc., et aI., Case No. 04-345-CA (Vanderbilt Beach Road Project 63051). 9. Recommendation to approve the Mediated Settlement Agreement as to Parcels 136 in the lawsuit styled Collier County v. John Aurigemma, et al., Case No. 04- 344-CA (Vanderbilt Beach Road Project 63051). Page 9 of 11 10. Recommendation to authorize the making of an Offer of Judgment to Respondents, Jake and Christina Sannicandro, for Parcel Nos. 155 & 755 in the amount of $9,430.00 in the lawsuit styled Collier County v. Joseph Sannicandro, et al., Case No. 03-2500-CA (Golden Gate Parkway Project 60027). 11. Recommendation to authorize the making of an Offer of Judgment to Respondents, William & Lisa Brock, for Parcel Nos. 148 & 948 in the amount of $27,255.00 in the lawsuit styled Collier County v. Elizabeth D. Bloch, et al., Case No. 03-2403-CA (Golden Gate Parkway Project 60027). 12. Recommendation to authorize the making of an Offer of Judgment to Respondent, Norman C. Partington, for Parcel No. 158 in the amount of $21,275.00 in the lawsuit styled Collier County v. Joseph J. Guidish, Jr., et al., Case No. 03-2549-CA (Golden Gate Parkway Project 60027). 13. Recommendation to authorize the making of an Offer of Judgment to Respondent, Janet Romano, for Parcel Nos. 117, 118A and 130 in the amount of $102,465.00 in the lawsuit styled Collier County v. Dianne P. Haaga, et al., Case No. 03-0518-CA (Immokalee Road Project No. 60018). 14. Recommendation for the Board of County Commissioners to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcel 177 In the Lawsuit Styled Collier County v. Teodoro Gimenez, et aI., Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051). 15. Recommendation to authorize the making of an Offer of Judgment to Respondent, TECH Foundation, Inc., for Parcel No. 150 in the amount of $27,140.00 In the lawsuit styled Collier County v. TECH Foundation, Inc., eta\., Case No. 03-2499-CA (Golden Gate Parkway Project 60027). 16. Recommendation to authorize the making of an Offer of Judgment to Respondent, Anna Mongillo, for Parcel No. 840 in the amount of $7,500.00 in the lawsuit styled Collier County v. Nancy L. Johnson Perry, et al., Case No. 03- 2373-CA (Golden Gate Parkway Project 60027). 17. Recommendation to direct the Office of County Attorney to prepare an ordinance for the establishment of the Rock Road Improvement MSTU. 18. Recommendation to approve a satisfaction and release of lien in Code Enforcement Board Case No. 2003-055 and direct the County Attorney Office to file a stipuiated notice of dismissal in Aljo, Inc. v County Commissioners, Collier County, Florida, Case No. 04-1679 CA. Page 10 of 11 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 QUASIJUDlCAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission Members. Recommendation to approve Petition AVROW2004-AR6011 to disclaim, renounce and vacate the County's and the Public's interest in the road right of way which was granted to the Public by the Deed of Easement recorded in Official Record Book 321, Page 277, Public Records of Collier County, Florida. Located in Section 22, Township 49 South, Range 25 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING November 16, 2004 Item 16E5: Executive summary should read: Recommendation to adopt a Resolution authorizing the Director of Facilities Management, or his designee, to execute any and all applications for development approval including rezones, environmental permitting and other related items. (Staff request.) NOTE: Item 16G1: The Board of Countv Commissioners sittina as the Community Redevelopment Aaencv. Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 in FY05 Budget tax increment financing (TIF) funds to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. .- Agenda Item No. 3A 1 November 16, 2004 Page 1 of 4 Advisory Board Members Awards Participation Board of County Commissioners Meeting 11-16-04 Last Name First Name Advisory Board 5 Clifford - Agenda Item No. 3A 1 November 16, 2004 Page 2 of 4 Agenda Item No. 3A 1 November 16, 2004 Page 3 of 4 - ical Preservation Bd. Board Lake Trafford Restoration Task Force Immokalee Enter rise Zone Dev. A c . Citizens Adviso Task Force Served: Affordable Housin Comm. Served: Collier Count Plannin Commission Served: Rural Lands Assessment Area Oversi ht Cmte. ,-- Page 3 of 4 10 10 15 15 15 COLLIER COUNTY Agenda Item No. 3A 1 November 16, 2004 Page 4 of 4 - BOARD OF COUNTY COMMISSIONERS Item Number 3A1 Item Summary Meeting Date Advisory Committee Service Awards. 11/16/2004 9:00:00 AM Prepared By Date Paula Springs Board of County Commissioners Executive Aide to the BCC 11/5/20042:44:36 PM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 11/5/20042:46 PM --\pproved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/5/20047:48 PM ,-. Page 4 of 4 PROCLAMA TION Agenda Item No. 4A Novennber16,2004 Page 1 of 2 WHEREAS, November 19 - 25 is National Farm- City Week, a time set aside to recognize and honor the contributions of the country's agriculturalists and to strengthen the bond between urban and rural citizens: and, WHEREAS, in Col/ier County the highpoint of Farm- City Week is the annual Farm- City Barbecue, sponsored by Col/ier County's University Extension and a committee of volunteers: and, WHEREAS, agriculture is an important element in Collier County's economic machine, with total economic activity of over $300 mil/ion annually: and, WHEREAS, 22% of Collier County is utilized for agriculture, providing vital ecological benefits, including habitat for wildlife and recharge area for our aquifer: and, WHEREAS, the Board of Col/ier County Commissioners supports local agriculture through programs including cooperation with the University of Florida's Extension Service: and, WHEREAS, we encourage al/ citizens to pause to recognize the contributions of our local farmers and ranchers to our economy, our food supply and our society. NOW THEREFORE be it proclaimed by the Board of Col/ier County Commissioners, that on behalf of the citizens of Col/ier County, great appreciation and honor is owed to all of this county's agriculturalists, and that November 19- 25 be designated Farm- City Week. DONE AND ORDERED THIS 16th Day of November, 2004 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK ...."....~. Item Number Item Summary Meeting Date Agenda Item No. 4A November 16, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4A Proclamation to designate the week of November 19-25, 2004 as Farm-City Week. To be accepted by David Santee, Chairman of the Farm City Committee. 11/16/2004 9:00:00 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCC 10119/20043:42:54 PM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 10/2012004 9:15 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1112120049:38 AM ..d'_ Agenda Item No. 48 November 16, 2004 Page 1 of 2 PROCLAMA TrON WHEREAS, since 1957, the United Way of Collier County has sponsored and funded qualified, non- profit community agencies which provide essential social and health services to our citizens: and, WHEREAS, throughout the 46 year history of the United Way of Collier County, the organization has demonstrated continued growth and is currently funding 30 community agencies providing services to all areas of our County: and, WHEREAS, the Board of County Commissioners gratefully acknowledge and support the fine work of the United Way of Collier County and its member agencies. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that November, 2004 be designated as UNITE/) WAY OF COLLIER COUNTY AGENCY AWARENESS MONTH DONE AND ORDERED THIS 16th day of November 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E BROCK, CLERK ..,~,."~' Item Number Item Summary Meeting Date Agenda Item No. 48 November 16. 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4B Proclamation to designate November, 2004 as United Way of Collier County Agency Awareness Month. To be accepted by Mr. Mokey Shea and Mr. Ernie Bretzman. Executive Director of the United Way. 11/16/20049:00:00 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCC 11/3/20049:16:32 AM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the Bee Date Bce Office 11/3/20049:48 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/3/2004 1: 38 PM ............ WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMA TION Agenda Item No. 4C Novennber16,2004 Page 1 of 2 the Naples Children and Education Foundation (NCEF) has awarded $13.7 million dollars during the last four years to "Build a Better Future" for Collier County's most vulnerable children; and, each year beneficiaries of the Naples Children and Education Foundation will join together to celebrate and recognize the advancement of essential youth services in the community including healthcare, education, housing and shelter, and enrichment and therapeutic programs for those who are underprivileged and underserved; and, the Naples Children and Education Foundation is committed to supporting charitable and educational programs that prevent the abuse and neglect and/or provide services that enrich the physical, emotional, and educational quality of life of children in Collier County by svpporting the following local charities: Boys and Girls Club of Collier County, Collier Covnty Child Advocacy Covncil, Inc., Collier Health Services, David Lawrence Center for Mental Health, Inc., Early Years Edvcation Foundation, FGCU ELLM Project, Fvn Time Nursery, Inc., Guadalupe Center, Inc., Immokalee Child Care Center, Inc., John Maxwell Biasco Fovndation, Make- A- Wish Foundation, Naples Equestrian Challenge, Inc., PACE Center for Girls, Step by Step, The Foster Care Covncil of Southwest Florida, The Ricky King Foundation, YMCA of Collier Covnty, and Youth Haven; and, the trvstees, beneficiaries, volvnteers and commvnity members will celebrate and honor their partnerships and shared passion for helping the children. NOW THEREFORE be it proclaimed by the Board of Covnty Commissioners of Collier County, Florida that November 12th, 2004 was celebrated as NAPLES CHILDREN AND EDUCA TION FOUNDA TION DA Y and will be so designated forever DONE AND ORDERED this 16tl1 day of November 2004 ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN ,r"-' DWIGHT E. BROCK, CLERK Item Number Item Summary Meeting Date Agenda Item No. 4C Novennber16,2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4C The Naples Children and Education Foundation Day has been proclaimed by the Board of County Commissioners of Collier County, Florida that November 12th, 2004 was celebrated as Naples Children and Education Foundation Day. To be accepted by Dawn Montecalvo, Executive Director of the Naples Children and Education Foundation. 11/16/20049:00:00 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCC 11/5/20049:30:40 AM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 11/5/200410:39 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Managor's Office 11/5/200410:47 AM Agenda Item No. SA November 16, 2004 Page 1 of 2 --Original Message---- From: Graham Ginsberg {mailto:nfn01552@naples.net} Sent: Friday, October 15, 2004 1 :40 PM To: mudd.J Subject: I would like to petition I would like to petition the board 16 Nov 2004 for access to the Pelican Bay beaches based on my FIrst Amendment rights. Sincerely, Graham Ginsberg - ~ Agenda Item No. 6A November 16, 2004 Page 2 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Tmil . Naples, FL 341] 2 . 239.774.8383 . Fax 239.774-4010 October 18, 2004 Mr. Graham Ginsberg 4950 Sycamore Drive Naples, FL 34119 Re: Public Petition Request to Discuss Access to the Pelican Bay Beaches Dear Mr. Ginsberg: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 16, 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. JVM/j b cc: David Weigel, County Attorney Marla Ramsey, Interim Public Services Administrator c 41 l~ . " c o It " t ." - rend~1 m No. 68 tAj .AA 6/1../ dJ.LL.u ~ ~ 16,2004 "-l YJ ..f "'l~ r,. ~ ge 1 of2 NO\t" If, ~ ~ ,)fr November 16 Coun~ Commissioners Meeting ~~ E: ~ --r~ ~ - :?!-.~, ~,/ Item 1 1,e. &!J~ S'/J'-I '7~ Lorenzo Walker Instt~ of Technology Foundation will receive a ~tA- V !J~ $2.000 check based OD the Antique Automobile Club of America'.s use of 1l1t1 the Depot!! This brings the total donation to $5.000 this year. Traditionally, for years, the annual Auto Show at the Depot has benefited local students by thousands of dollars. It is hoped that the Depot will continue to be available for this worthwhile event for one Saturday each March. . MaphB...... 103 XnaIwoo4 a. N..... PL 34101-1232 --"-- - --.'.' -.,-...--., Item 2 FAA Safety Seminars for local pilots will be conducted for the 9t1l year (a total of eight). Local Safety Counselors have won regional and national recognition for 3 out of 4 recent years. Safety subjects include maintmlance advice, as weD as operational ifessons, all at no local taxes to our residents but to users of the system (me) in~.ef~on fuel tax. tax on ~tf!rumee and parts, etc. Pilots fly low and slow over 4 centers in our county so we BI1 benefit. --(~ f~ ~~~~ .... .J' ~ .L F~tlMfL (~ ~~ ~~~ ~ ~~~ wJJvlecra-OVt ~~ L..." ~ ~ ZJ) l\. I I tJt.I . to' - >1'1;1 I r-naM1JB: ~ ~ ~4./ - ., HI 39IJd 9L6'tBG5't\76 GE:'t't pee~/'t~/0't ~ Agenda Item No. 68 November 16, 2004 Page 2 of 2 COlLIER COUN1Y MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 341]2 . 239-774-8383 . Fax 239-774-4010 November 1, 2004 Mr. Joseph Bawduniak 803 Knollwood Court Naples, FL 34108-8232 Re: Public Petition Request to Discuss Use of Depot by the Antique Automobile Club of America, and FAA Safety Seminars for Local Pilots Dear Mr. Bawduniak: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 16,2004, regarding the above referenced subjects. 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. JVM/jb cc: David Weigel, County Attorney ..- c 41 f~ . l' c /) K Jt t ,Y ,- Agenda Item No. 6C November 16, 2004 Page 1 of 15 South F~orida Agricu~tural Counci~ Post Office Box 68 LaBelle, Florida 33975 November 2, 2004 Mr. James V. Mudd, County Collier County 3301 East Tamiami Trail Naples, Florida 34112 Manager . '..:.:f)l;;C. .. _~" ~...:..., i" 'f.."... ~:., i\I -220M ..~/1t ~ '" '>.C'" '''IN () . \....J, \ !' 0 J'\l-t.' (()v'-- r::v~~-~~ On behalf of the South Florida Agricultural Council, thank you for meeting with our representatives to discuss the Multi- County Agricultural Extension Agent Funding Proposal. Dear Mr. Mudd, Enclosed, please find a corrected copy of the proposed funding plan that was presented to you at the meeting. The corrections were to simply to change the title from "Five County Plan" to "Six County Plan," since there are six counties in the proposed plan, and to add page numbers to the document. .- Also enclosed is our "petition" to the Collier County Board of Commissioners requesting Collier County's financial participation in this plan. As we discussed, please schedule our petition to be heard by the Board of Commissioners during their meeting Tuesday, November 16, 2004. We understand that our petition will likely be on the Agenda between 9:00 a.m. and 10:00 a.m. We thank you for your guidance and leadership in bringing our request to the Board and we also appreciate your personal support for agriculture in Southwest Florida. Enclosures: 1. Multi-County Extension Agent Funding Plan. 2. Petition to Collier County Board of Commissioners with a copy of the Multi-County Extension Agent Funding Plan. -- I Agenda Item No. 6C November 16, 2004 Page 2 of 15 South F20rida Agricu2tura2 Counci2 Post Off~ce Box 68 LaBelle, Flor~da 33975 November 2, 2004 TO: Collier County Board of Commissioners. FROM: Ron Hamel, Executive Committee Member, South Florida Agricultural Council REF: Petition for Collier County's Participation in Multi- County Agricultural Extension Agent Funding Proposal. Dear Commissioners, On behalf of the South Florida Agricultural Council, which represents the agricultural industry leadership for Southwest Florida, please find enclosed a copy of the Multi-County Agricultural Extension Agent Funding Proposal which is being presented to the counties throughout our region. This proposed "regionalH approach to funding Agricultural Extension Agents will allow IFAS at the University of Florida to provide the greatest level of expertise to serve the agricultural commodities that are produced in the area. This regional approach is also a much more efficient method of providing the critical expertise and assistance that will allow our agricultural producers in Southwest Florida to remain sustainable and competitive in global economy. The agricultural industry of Southwest Florida contributed over $1.25 Billion to the region's economy in the year 2000-2001 and this proposal will assist the industry in continuing that contribution to our economy. We encourage you to review the attached funding plan which provides a detailed rationale and methodology for the Multi- County Agricultural Extension Agent Funding Proposal. You will note in the Summary on page 11, that the State will be funding $236,218.48 or about 55.75 percent of the total cost and the counties would fund about $187,510.35 or 44.25 percent of the total cost. The "fair share" for Collier County was calculated to be $30,309.94. - We are very pleased to report to you that, as of this date, Hendry, Lee and Palm Beach Counties have approved this funding proposal. Charlotte County has indicated it will participate if all of the counties identified in the plan will participate. We are currently working with Glades County, but do not have a firm commitment at this time. l Agenda Item No. 6C November 16, 2004 Page 3 of 15 We are respectfully requesting the Board of Commissioners to amend the 2004-2005 Budget for the Collier County Extension Service to include the $30,310.00 (rounded) as Collier County's "fair share" of the funding proposal. We thank you in advance for your consideration of this proposal. Council Enclosure: Multi-County Extension Agent Funding Plan. Agenda Item No. 6e November 16, 2004 r- Page 4 of 15 PROPOSED COUNTY FUNDING PLAN FOR THE MULTI-COUNTY AGRICULTURAL AGENTS IN SOUTHWEST FLORIDA SIX COUNTY PLAN INTRODUCTION Commercial agriculture is a very important industry in Southwest Florida and provides a major contribution to the overall economy of the area. Recently the Food & Resource Economics Department of IFAS at the University of Florida conducted and Agricultural Economic Impact Analysis for the Southwest Florida area (Charlotte, Collier, Glades, Hendry and Lee Counties). The analysis was based on the four major agricultural commodities produced in Southwest Florida which included Beef Cattle, Citrus, Sugarcane and Vegetables. Part of the Economic Impact Analysis is shown and discussed as follows: 1. The study revealed that the commercial agricultural industry it quite large and uses a major portion of the total land mass within Southwest Florida. The chart below shows the individual county data for agricultural land use. ,-' AGRICULTURAL LAND INVENTORY SUMMARY BY COUNTY & COMMODITY 2000-2001 CROP YEAR sw ITEM UNITS CHARLOTTE COLLIER GLADES HENDRY LEE FLORIDA PASTURE Acres 160,704 138,846 360,983 403,179 112,844 1,176,556 CITRUS Acres 21,756 35,302 10,506 99,437 11,594 178,595 SUGARCANE Acres 0 0 20,000 70,000 0 90,000 IvEGETABLES Acres 1,600 21,200 300 24,950 4,500 52,550 TOTAL ALL LAND Acres 184,060 195 348 391,789 597,566 128 938 1 497 701 As can be seen in the chart above, the commercial agricultural industry is a major user of land in Southwest Florida. The Beef Cattle Industry uses over 78.5 percent of the land available for agriculture use. I 1 - Agenda Item No. 6C November 16, 2004 Page 5 of 15 The chart shown below shows the farm gate sales for Southwest Florida by county and commodity. SW FLORIDA FARM GATE SALES BY COUNTY & COMMODITY 2000-2001 CROP YEAR COUNTY CATTLE I CITRUS VEGETABLES SUGARCANE TOTAL (OUtput in $1,000) Charlotte $ 5,067 $ 38,482 $ 4,843 $ 0 $ 48,392 Colli.er 2,010 67,207 149,306 0 218,523 Gl.ades 13,844 20,196 839 21,908 56,787 Hendry 16,071 191,925 149,254 76,876 434,126 Lee 2,413 20,489 25,490 0 48,392 Total. SW Flori.da $ 39,405 $ 338,299 $ 329,732 $ 98,784 $ 806,220 The chart above indicates that citrus and vegetable production accounted for over 82.85 percent of the total farm gate sales in the 2000-01 crop year. The beef cattle industry which uses over 78.5 percent of the agricultural land only contributes about 4.9 percent of the farm gate sales. However, this industry provides and maintains a vast acreage of green space and wildlife habitat. The chart below shows the overall economic impact that Southwest Florida enjoys as a result of the farm gate sales of the agricultural industry. ECONOMIC :IMPACTS ON REGIONAL SALES CATTLE, CITRUS, SUGARCANE, & VEGETABLES BY SOUTHWEST FLORIDA COUNTY (2000-01). COUNTY DIRECT INDIRECT INDUCED TOTAL IMPACT (output in $1,000) Charlotte $ 48,392 $ 19,939 $ 16,274 $ 84,605 Colli.er 218,523 63,325 97,568 379,416 G1ades 56,787 15,248 6,510 78,545 Hendry 434,126 122,932 87,608 644,666 Lee 48,392 14,297 18,751 81,440 Total SW F1ori.d.a $ 806,220 $ 235,741 $ 226,711 $ 1,268,672 The chart above indicates that the agricultural industry in Southwest Florida contributed over $1.268 Billion to the area's economy in 2000-01. The Hendry County agricultural industry 2 Agenda Item No. 6C November 16, 2004 Page 6 of 15 contributed about 50.8 percent of the total economic impact while the industry in Collier County provided about 29.9 percent. ~. , I The agricultural industry in Charlotte, Lee and Glades contributed 6.6, 6.4 and 6.2 percent of the total agricultural economic impact, respectively. Although the agricultural industry in these three counties contributed a small percentage of the total agricultural economic impact, the average economic impact for those three counties was over $80 Million each and is extremely important to the local economy of those counties. The lost of that economic activity would have a significant impact on the local economy and the tax revenues of the counties. :ISSUES 1. In recent years, the commercial agricultural industry has simply been overwhelmed by production, marketing, environmental and regulatory issues. Historically, agricultural producers have been able to depend upon IFAS at the University of Florida to use its Research and Extension resources to solve problems in order maintain a healthy and sustainable agricultural industry. 2. The budget cuts that IFAS has suffered during the past three years have reduced the resources available to serve the regions commercial agricultural industry at past historical levels. The availability of strong commercial Extension Agents in Southwest Florida has been diminished to point there are zero County Commercial Aaricultural Aaents in Char~otte, Collier, Gla.des and Lee Counties to serve commercia.~ aariculture. However, the agricultural industries in those counties are in desperate need of consistent and competent Agricultural Extension Agents to help them solve problems. Unfortunate~y, the budget cuts have made it ~possible for IFAS to increase resources to service the regions economical~y important agricultura~ industry. 3. The only immediate solution is to shift to Multi-County Extension Agents, individuals who can cross county lines and work throughout the region. Competitive salaries can be offered under this staffing model and the result will be more efficient use of Extension Agents that will have the expertise to serve the commercial agricultural industry, as well as, provide support to the urban sector. However, the problem with this arrangement is that historically, the state has borne all of the salary, fringe, transportation and travel cost for Multi-County Extension Agents. Again, the University of Florida, TFAS does not have the funding to pursue and maintain this arrangement. 3 Agenda Item No. 6C November 16,2004 Page 7 of 15 POSSIBLE SOLUTION 1. The South Florida Agricultural Council, which is comprised of the agricultural community leadership, has made a commitment to work with Charlotte, Collier, Glades, Hendry, Lee and Palm Beach Counties in order to develop a plan whereby these counties would support four Multi-County Commercial Agriculture Extension Agent positions as follows: a. Multi-County Citrus Agent (Mongi Zekri) - Already in place for Southwest Florida (Charlotte, Collier, Glades, Hendry and Lee Counties). This position is currently housed by Hendry County with secretarial, office equipment (desk, chairs, computers, etc.), communication and office supply support by Hendry County. b. Multi-County Vegetable Agent (Eugene McAvoy) - This is a recent change for Southwest Florida from a Hendry County Extension Agent position. This position is currently housed by Hendry County with salary & fringe, transportation, travel expense, secretarial, office equipment (desk, chairs, computers, etc.), communication and office supply support by Hendry County. c. Multi-County Livestock Agent (Dallas Townsend Replacement) - This is proposed change for Southwest Florida from a Hendry County Extension Agent position. This position is currently housed by Hendry County with salary & fringe, transportation, travel expense, secretarial, office equipment (desk, chairs, computers, etc.), communication and office supply support by Hendry County. d. Multi-County Sugarcane Agent (Curtis Rainbolt) - This is a recent change for Palm Beach, Hendry, Glades and Martin Counties from a Palm Beach County Extension Agent position. This position is currently housed by Palm Beach County with salary & fringe, transportation, travel expense, secretarial, office equipment (desk, chairs, computers, etc.), communication and office supply support by Palm Beach County. 2. The South Florida Agricultural Council proposes that each county that would be served by a multi-county agent would provide funding for that agent's service based on the following criteria: a. The Counties being served by a multi-county agent would collectively provide 25 percent of the Salary, Fringe Benefits. 4 c. Agenda Item No. SC November 1S, 2004 Page 8 of 15 The Counties being served by a multi-county agent would collectively provide $1,500 annually for travel & per diem expenses and health Insurance estimated at $8,994.12 (based on the current Hendry County cost). The Counties being served by a multi-county agent would collectively provide one-third of the cost for secretarial support. This has been estimated to range from $10,309.99 to $12,479.59 and is based on the current cost for Hendry County. .~ b. d. The Counties being served by a multi-county agent would collectively provide local transportation cost based on 21,000 miles annually at $0.365 per mile (based on the current Hendry County cost). This would amount to $7,665 annually. e. Each county's share of the funding would be determined as follows: 1) The individual county funding of the Citrus, Vegetable and Sugarcane positions would be based on that counties percent of the total commodity acreage that is within the counties being served by the multi-county agent. 2) The individual county funding of the Livestock position would be based on that counties percent of the total inventory of brood cows that is within the counties being served by the multi- county agent. ,'-.- 3. The South Florida Agricultural Council proposes that IFAS would provide funding for that agents service based on the following criteria: a. IFAS would provide 7S percent of the Salary and Fringe Benefits. b. IFAS would provide 100 percent of the in-service training cost. In addition, IFAS will provide a health insurance program. 4. The South Florida Agricultural Council has noted that Hendry County is in the approximate center of the area to be served by the Citrus, Livestock and Vegetable Multi-county Commercial Agricultural Agents. As a result, it is logical that these Commercial Agricultural Extension Agents be located in Hendry County. The South Florida Agricultural Council has consulted with the Hendry County government about this proposal and it has tentatively agreed to participate in the funding proposal. In addition, since over one-half of the commercial agricultural industry is located in Hendry County, the - I 5 Agenda Item No. 6C November 16, 2004 Page 9 of 15 Hendry county government has agreed to provide all of the office space, office supplies, office equipment (desk, chairs, computers, etc.) and communication resources for the Citrus, Livestock and Vegetable Multi-county Commercial Agricultural Agents. Palm Beach County has agreed to participate in the funding proposal with the Multi-County Sugarcane Extension Agent. It addition, Palm Beach County has agreed to provide all of the office space, office supplies, office equipment (desk, chairs, computers, etc.) and communication resources for the Multi-County Sugarcane Extension Agent. 5. The South Florida Agricultural Council proposes that Charlotte, Collier, Glades and Lee Counties would enter into a inter-local agreement with Hendry County to fund the county's portion of the Citrus, Vegetable and Livestock positions. 6. The South Florida Agricultural Council proposes that Glades and Hendry Counties would enter into a inter-local agreement with Palm Beach County to fund the county's portion of the sugarcane position. 7. The details of the inter-local agreements will have to be determined. However, there would be a review of each county's share of funding occasionally to adjust for changing commodity acreage or cattle inventory. PROPOSED COUNTY FUNDING PLAN The charts on the following pages show the actual position funding costs that would be covered by the state and the counties participating in the plan as is described earlier in this document. 6 ,~ ~ m .c ~ ~ H PI U) t!) i5 l24 H ~ I t1 {J) >I ii1 ~ ~ H () u l>-4 a r:4 i en 0 PI ~ () I PI H ~ ~ Agenda Item No. 6C r16,2004 e 1 0 of 15 "r. 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N '" .... 0 0 N 0 .... 0 \0 r!l ..,. 0\ 0 0 .... I 0 r- r- on 0\ <"1 \D 0\ ..n ~ ..n N ..... <J> <J> f") 0\ .... .... '" I- .... l- I- .... >< ~ l- f") ..,. ..,. 0 \D 0\ l- I- .... ~ H ..,. N CD m '" ~ 00 ..n ..; ..0 ,..: 2 ..,. .... .... ..,. <Xl .... <J> \0 N 0 0 <Xl ..,. CD \0 \D ..,. ~ '" Ll> .... .... CD ~ l- Ll> 0\ 0\ ..... H 0 '" .- l- N E< t! .-- ,..: .0 .0 ..0 CIl 2 \0 '" '" '" f") N '" ..... .... .... .... .-< 0 .... ': <Xl I- 0\ \D \D '" ~ ..,. .... \D '" N '" CD '" \0 I- .0 N - - M N N ..... 0 0 0 N ..... ..... .... .... .... <J> (J)- CIl >< ~ ~ t-! E< E-< E-< E-< H :z; :z; ~ CI) r<: I&l ..:i g :i! <1l tIl I't E-< ~ '" ~ E-< '" ..:i I&l I&l f3 .0: E-< t!l > E-< .... r.l .... D 0 U > ..:i '" E-< Agenda Item No. 6G November 16, 2004 Page 14 of 15 ~ ~ ~ Agenda Item No. 6C November 16, 2004 Page 15 of 15 COLLIER COUNIY MANAGER'S aPACE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 November 4, 2004 Mr. Ron Hamel, Executive Committee Member South Florida Agricultural Council P.O. Box 68 LaBelle, FL 33975 Re: Public Petition Request to Discuss Collier County's Participation in Multi-County Agricultural Extension Agent Funding Proposal Dear Mr. Hamel: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 16, 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 "Fit) 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. ~re~,/.1. ~~ County Manager JVM/jb cc: David Weigel, County Attorney c D l~ . r c o It. " t , Agenda Item No.7 A November 16, 2004 Page 1 of 35 EXECUTIVE SUMMARY NUA-2002-AR-2995: Holiday Manor Cooperative, Inc., represented by Bob Reed, req uesting non-conforming use alteration approval, to enable unit owners to replace existing non-conforming structures, in conformance with the Fire Code and so as not to increase the existing non-conformities. The subject property is located at 1185 Henderson Creek Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 32~ acres. OBJECTIVE: The objective of this petition is to have the Board of County Commissioners consider a request for non-confonning use alteration approval for the Holiday Manor Mobile Home Park as well as ensuring that project is consistent with all the applicable County regulations and to ensure that the community's interest is maintained. CONSIDERATIONS: ,.....-. Holiday Manor Cooperative, commonly referred to as "the park," is a non-confonning mobile home/travel trailer park that was established in 1968 as a rental park. In 1996, the park became cooperative-owned. This park currently accommodates 312 unit or lease sites, of which 187 are utilized for a mixture of single-and double-wide mobile homes, and 125 sites are used for a combination of RV trailers, park model units, and motor coaches. Holiday Manor Cooperative, Inc., owns all the land and the individuals own a share of the corporation with a 99-year proprietary lease for the site their mobile home or RV occupies. Holiday Manor is not platted and there are no individual site or lot boundaries. No lot lines are discernable for zoning purposes. The residents/shareholders rely upon internal documents of the cooperative to distinguish "lot lines." The park is looked upon as one property for zoning purposes. One folio number identifies the entire park. As noted, there are no lot lines for zoning compliance purposes; therefore, there are no individual setbacks for each lot. Structures must adhere to setbacks for the perimeter property lines of the entire 32~-acre tract. The setback requirements must be met for Henderson Creek Drive and Collier Boulevard (CR951), and for the property lines to the north and along the creek. Any other setback requirements for principal structures such as mobile homes, R V s, park models and motor coaches on the park's designated "lots" are internal matters addressed by the park management or the Cooperative; these requirements are not zoning issues. The park has a site plan that is governed by the cooperative. That site plan shows "unit" or "lot" lines that the park recognizes and attempts to control, however, the county is not a party to that site plan's restrictions because the park is not platted into county recognized lots for which there are rear, side and front lot setbacks, pursuant to the LDC. --- A site visit revealed that the mobile homes, RVs and storage sheds are somewhat randomly located on the overall 32~-acre site, i.e., there is no consistent location or relationship from one mobile home to another mobile home or from one RV to another RV or for storage sheds in relationship to other storage sheds, mobile homes or R V s. Initially, the petitioners wanted carte blanche approval to allow the existing mobile homes and storage sheds to be replaced in their Holiday Manor Cooperative, NUA-2002-AR-2995 Page 1 of 3 Agenda Item NO.7 A November 16, 2004 Page 2 of 35 existing configuration, with larger structures. That approval would have allowed structures to be placed closer to one another. However, there were no plans or drawings that showed where all the structures were located. Staff advised the petitioners that we could not support the seemingly unregulated arrangement that currently exists because of fire code separation requirements. Staff advised the petitioners that staff cannot address any lot setback issues as there are no county- recognized (platted) lots. Staff can only address separation distances. The petitioners wish to see the required separation distance for principal and accessory structures such as storage sheds addressed. Most units in the park have a storage shed. Some sheds are attached to the principal structure or connected to another shed. Other sheds are free-standing. The LDC requires principal and accessory structures to be separated by at least 10 feet (LDC Sections 2.03.01.1 and 4.02.03.). Each principal structure must be separated from another principal structure by 10 feet and accessory structures must also be separated from any principal structure or another accessory structure by that same distance. The only exception to the separation distance for accessory structures would allow a "zero" separation distance if accessory structures are physically connected to the principal structure or another accessory structure. Synopsis of Approved Land Uses: This mobile home park is surrounded by mostly developed or developing land. To the north is the Artesa Point PUD, which was approved for 280 dwelling units and 325,000 square feet of commercial use, but is undeveloped at this time. To the east, is Henderson Creek, the Henderson Creek Mobile Home Park, zoned MH. To the south is Henderson Creek Drive, then developed commercial, mobile home and multi-family uses. To the West is Collier Boulevard (CR-951) then Eagle Creek PUD, a developed residential, golf course. Consistency with the Collier County Growth Management Plan (GMP): The subject property is designated Urban Mixed Use District (Urban Coastal Fringe Subdistrict) on the Future Land Use Element (FLUE) and Map (FLUM) of the GMP. This Subdistrict provides transitional densities between the Conservation Designation Area and the Urban Designated Area. In order to facilitate hurricane evacuation and protect environmentally sensitive lands, residential densities are limited to a maximum of 4 units per acre, with some exceptions that are not applicable in this position. New rezoning to allow mobile home uses is prohibited. The action proposed in this petition, to allow the continuation of a non-conforming use, is not specifically addressed in the GMP as "new development." The GMP addresses this situation, i.e., property that is improved but does not conform to the FLUE, in Policy 5.9, which is quoted below: Properties which do not conform to the Future Land Use Element but are improved, as determined through the Zoning Re-evaluation Program described in former Policy 3.1 K and implemented through the Zoning Reevaluation Ordinance No. 90-23, shall be deemed consistent with the Future Land Use Element and identified on the Future Land Use Map Series as Properties Consistent by Policy. .0>'--.0. Holiday Manor Cooperative, NUA-2002-AR-2995 Page 2 of 3 Agenda Item No. 7A November 16, 2004 Page 3 of 35 Pursuant to FLUE Policy 5.9, this petition may be deemed consistent with the GMP regardless of the current density and use. FISCAL IMPACT: Action on this Nonconforming Use Alteration petition will have no fiscal impact upon Collier County . COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on October 7, 2004, and recommended in a 7 to I vote that the petition be forwarded to the Board of Zoning Appeals with a recommendation of approval, subject the conditions proposed by staff, and an additional condition to address the accessory structures that are abutting one another, thus either the full 10-foot separation distance or a zero separation distance would be required. The conditions therefore are as follows: 1. The number of units shall not be increased. The site is limited to 312 unit or lease sites, of which 187 shall be utilized for a mixture of single-and double-wide mobile homes, and 125 sites shall be used for a combination ofRY trailers, park model units, and motor coaches; and 2. All principal structures must maintain a minimum separation distance of ten (10) feet, and accessory structures must maintain a minimum separation distance of either ten (10) feet or zero (0) feet if attached to a principal structure or attached to another accessory structure and both of those accessory structures are separated by a minimum of 10 feet from all principal structures; and the subject site must comply with Fire Codes. ST AFF RECOMMENDATION: Staff recommends that the Collier County Board of Zoning Appeals approve Petition NUA- 2002-AR-2995 subject to the following stipulations: 1. The number of units shall not be increased. The site is limited to 312 unit or lease sites, of which 187 shall be utilized for a mixture of single-and double-wide mobile homes, and 125 sites shall be used for a combination ofRY trailers, park model units, and motor coaches; and 2. All principal structures must maintain a minimum separation distance of ten (10) feet, and accessory structures must maintain a minimum separation distance of either ten (10) feet or zero (0) feet if attached to a principal structure or attached to another accessory structure and both of those accessory structures are separated by a minimum of 10 feet from all principal structures; and the subject site must comply with Fire Codes. PREPARED BY: ,.",,-... Kay Deselem, AICP, Principal Planner Department Of Zoning & Land Development Review Holiday Manor Cooperative, NUA-2002-AR-2995 Page 3 of 3 Item Number Item Summary Meeting Date Agenda !lorn No.7 A November 16. 2004 Page 4 of 35 COLLIER COUNTY BOARD OF cOUNTY COMMISSIONERS 7A Thi!'o itell1 requires th..L all pluticipants bf! sworn in and ex parte disclosure be p,nvided by Cornmlssion Rlembl!rs. NUA..2002.AR.2995: Holiday MarlOr Cooperative. ln~., represented by Bub Reed, 'equ~stlng flOrl,.conforming \l$(! alt~ration appr<lval, ttl enable lmit owr,ers to r~place exifi,ting non-conforming 6truCnJreE, in c<)nformance .....ith the Fire Code and 60 as not to increase the e:tisting non-conformities. Toe subject property 11;. locllitif!d at' 185 Henderson Creek Road, in SeGtion 3, Tuwnship 51 South, Ril"ge 26 East, Cllllier COUllty, Florida, (.:onsistltlll of 32t_ acres. 11/16/20049:00:00 AM Prepared By PritlCipill PlaI'lIH~' i0J2S12004 11 :50:14 AM KIIY Deliitlern, AICP Community Development & Environmenta! Servl-t:llis Date Zoning" land Development Re\li&W Clle<::utlvE SecNt;/lry DatE Approved By Sandn Leu Community Devclopm~n1 &. Environmental Services Community Development & Environmental Ser./ices Admin, 10/2512004 L01 PM Chiet Planner Date Approved By Ray Bellows Community Developmel'lt R Environmenta! SelViccs Zoning So Umd Dev~l()pment Review 10!2S/::i004 3:56 PM ConlltancC' A. Johnson 0... Approved By Commurdty Devl3'lopmen1 & Environmental Scrvlc(l's Oporations AnalyS1 Cn,nmul"l!ty DellclQpmenl & Environmcntal5crvices Admin. 10/27/2004 9:59 AM Approved By Joseph K. Schmitt Community De....i!lopment & E.nvlronmftl'lt..l Se,vic~s Community Development 4- En'Jironmental Services Admin'/;triltor Date communny Development S Envircnmen1-31 St:rviccr. Admin 10(29120049:26 PM Norm E_ Feder, AICP Tf3nsportatJon Division Administrator 0... Approved By lflll'lll.portion Sltrvices Ttansportation Service'li Admin. 11/212004 11 :09 AM OMB Coordinator AdmrnistraUvr. Asalst.anl Dale Approved By County M"t:llager'~ Ol'flce Ol'fice of MlJlI:lgflnJf!nt &. Budgel 11J312004 9:52 AM Approved By Mali< Isackson County Manager's Office Budget AnnlY$t 0"," QffiCl! of Management & Budget 11rJ(2004 3:23 PM MichHI Smykowliki Management & Budget Director D3.te Approved By Co~n1y M.nagf~I'1i OffiCt1 Officr. nf Managttmeot & Budgf!t 111512004 10:30 AM Approved By James V. Mudd Board ot' C:oul'lty Comtni"s.ioners County MurulIgm Dale County Manager's. Office i1iS/20G4 9:08 AM AG~~.(ar~NA 1JOverilbeir"ft,U2004 Page 5 of 35 Co~T County --~ - SCANNED STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: OCTOBER 7, 2004 SUBJECT: PETITION NUA-2002-AR-2995, HOLIDAY MANOR COOPERATIVE PROPERTY OWNER! APPLICANT: Applicant: Holiday Manor Cooperative, Inc. 1185 Henderson Creek Drive Naples, FL 34114 Agent: Mr. Bob Reed 124 Rose Lane Naples, FL 34114 REOUESTED ACTION: The petitioner requests a Non-Conforming Use Alteration (NUA) approval, to enable unit owners in this non conforming mobile home park to replace existing non-conforming structures in conformance with the Fire Code such that there would be no increase in the existing non-conformities, as specified in Collier County Land Development Code (LDC) Section 1.8.10.4 (UDC Section 9.03.03 B.4.) GEOGRAPHIC LOCATION: The subject property is a 32:t:-acre parcel located at 1185 Henderson Creek Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (Please see the Location/Site Map on the next page.) PURPOSEIDESCRIPTION OF PROJECT: Holiday Manor Cooperative, commonly referred to as "the park," is a non-conforming mobile home/travel trailer park that was established in 1968 as a rental park. In 1996, the park became cooperative-owned. This park currently accommodates 312 unit or lease sites, of which 187 are utilized for a mixture of single-and double-wide mobile homes, and 125 sites are used for a combination of RV trailers, park model units, and motor coaches. Holiday Manor Cooperative, Inc., owns all the land and the individuals own a share of the corporation with a 99-year proprietary lease for the site their mobile home or RV occupies. Holiday Manor is not platted and there are no individual site or lot boundaries. No lot lines are discemable for zoning Holiday Manor; NUA-2002-AR-2995 staff report Page 1 of 6 It) 0> 0> N ~ < . N 0 0 N , < ::::l Z 'It Z 0 I- j::! W' 0.1 D- e:( ~ Z I:l 0 - l- e:( U 0 ..J Agenda Item No. 7 A November 16, 2004 Pa e 6 of 35 """Ql- / - -.- <l II is if II <InK II lOl 11'0 ~ " I "i . g l!l D- e:( ~ W I- en Agenda Item No. 7A November 16, 2004 Page 7 of 35 purposes. The residents/shareholders rely upon internal documents of the cooperative to ) distinguish "lot lines." The park is looked upon as one property for zoning purposes. One folio number identifies the entire park. As noted, there are no lot lines for zoning compliance purposes; therefore, there are no individual setbacks for each lot. Structures must adhere to setbacks for the perimeter property lines of the entire 32:l:-acre tract. The setback requirements must be met for Henderson Creek Drive and Collier Boulevard (CR95 1 ), and for the property lines to the north and along the creek. Any other setback requirements for principal structures such as mobile homes, RVs, park models and motor coaches on the park's designated "lots" are internal matters addressed by the park management or the Cooperative; these requirements are not zoning issues. The park has a site plan that is governed by the cooperative. That site plan shows "unit" or "lotn lines that the park recognizes and attempts to control, however, the county is not a party to that site plan's restrictions because the park is not platted into county recognized lots for which there are rear, side and front lot setbacks, pursuant to the LDC. A site visit revealed that the mobile homes, RVs and storage sheds are somewhat randomly located on the overall 32::J:-acre site, i.e., there is no consistent location or relationship from one mobile home to another mobile home or from one RV to another RV or for storage sheds in relationship to other storage sheds, mobile homes or RVs. Initially, the petitioners wanted carte blanche approval to allow the existing mobile homes and storage sheds to be replaced in their existing configuration, with larger structures. That approval would have allowed structures to be placed closer to one another. However, there were no plans or drawings that showed where all the structures were located. Staff advised the petitioners that we could not support the seemingly unregulated arrangement that currently exists because of fire code separation requirements. Staff advised the petitioners that staff cannot address any lot setback issues as there are no county- recognized (platted) lots. Staff can only address separation distances. The petitioners wish to see the required separation distance for principal and accessory structures such as storage sheds addressed. Most units in the park have a storage shed. Some sheds are attached to the principal structure or connected to another shed. Other sheds are free-standing. The LDC requires principal and accessory structures to be separated by at least 10 feet (LDC Sections 2.6.2. and 2.2.10.4.3.5 and UDC Sections 2.03.01.1 and 4.02.03.). Each principal structure must be separated from another principal structure by 10 feet and accessory structures must also be separated from any principal structure or another accessory structure by that same distance. The only exception to the separation distance for accessory structures would allow a "zero" separation distance if accessory structures are physically connected to the principal structure or another accessory structure. SURROUNDING LAND USE & ZONING: North: South: Artesa Pointe PUD, approved for a maximum of 280 dwelling units and 325,000 square feet of commercial use Henderson Creek Drive, then C-3 developed 5.5::J:-acre commercial tract, and MH and RMF-6 zoned tracts developed with residential uses Henderson Creek, then Henderson Creek Mobile Home Park, zoned Mobile Home (MH) Collier Boulevard (County Road 951), then Eagle Creek, zoned PUD East: West: Holiday Manor; NUA-2002-AR-2995 staff report Page 2 of 6 Agenda Item No. 7A November 16, 2004 Page 8 of 35 Subject: Property MM' i I I I ". '. '. Arlesa pOlnte'., PUD . '. ()t I ~ ~~ " , n q \ ~ 'I la .~, ~ ';""/" 'TZ ~! / i '~'"'' ,: ~ ~- -...... ~ '.~ # i ~; l:;:;.7~ ~~::!'"::. .,.:.:-. '$ t'_~~1~/!!."ls" ';III,i- :-.,~~"7-.:..~..,:;.:~:.~!~~t//I'I! 'I " ~-,. -= .:.....:- ~ . ::f-:;i -'-,::: JlII"/ -. 1:-.....: ~ .h"';;~: .../'1,',' . 1; ~,5l'_,,;;.-~ ,t"--~'. --I-lIII. -..... _..... ' - '"llIlI!oi......, ,- .. ~ ;, ~ ::"....~ _':'~ ~i"'.:t::',-~--,-~:::: f'/~ .... :;-(, -I .....:..,- ,ta~"''''r/ ..- ~."' r'.:p:j::t:~:~....:- 'Wj.'_ ...'/._}~..~"~ ft_~_._~~," ?;,~.4,_;"__:",;,,,,: ~-...~. .{!.' , ..-:<-.._r-.--.,/4.....'"- .:":..~.'-.~-.I'.it"....;..~f..,:;,,.............~H. ~> ::~~. ,'I "~ ,. >_;;;J..'8: ~= . at'" ',II' ~""_"'~''''''''':''_J ',/ .,.. -. , -L~:.;.,~~.~!(~.\Io-~''''___~~--'=.~';'-''~/ \ 'd...~, ;, ~ ., '!'4 ~:~:..::::.:: . '::; "', V" p ~ v . fl.. ...~......;.,.,'" j ';'<,} , . ~':....;.:... >^' o(o,'~ -~~ . J . , ~.~': ':'< ':' ~ ,:.. 'L~.. ~ 1 j ," cl ;t: TT~I 'ii,. d< '1Ii.~ " ':r ., ~ " ,1' '.~'.~H'H; J ~~~j_ i ,'). . til~,..,. .'," ......"..... ,'!.':f,t. ~f'!'n:' .. II II ~rl '.tfr ,,~, .. ~~I;,~,n!I(~ 1. .. ~ \i'J~ ,l ....~ i".tf~ ""i.7iJ,;r~,~~' \...~t.. _ ~ r,:;a,.- :....L;;~\JIl " .' _ <, "';l.J._'_~:"'''-- ...' . t f Jl '-~ I v' GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban Mixed Use District (Urban Coastal Fringe Subdistrict) on the Future Land Use Element (FLUE) and Map (FLUM) of the GMP. This Subdistrict provides transitional densities between the Conservation Designation Area and the Urban Designated Area. In order to facilitate hurricane evacuation and protect environmentally sensitive lands, residential densities are limited to a maximum of 4 units per acre, with some exceptions that are not applicable in this position. New rezoning to allow mobile home uses is prohibited. Holiday Manor, NUA-2002-AR-2995 staff report Page 3 of 6 Agenda Item NO.7 A November 16, 2004 Page 9 of 35 The action proposed in this petition, to allow the continuation of a non-conforming use, is not specifically addressed in the GMP as "new development." The GMP addresses this situation, i.e., property that is improved but does not conform to the FLUE, in Policy 5.9, which is quoted below: Properties which do not conform to the Future Land Use Element but are improved, as determined through the Zoning Re"evaluation Program described in former Policy 3.1 K and implemented through the Zoning Reevaluation Ordinance No. 90-23, shall be deemed consistent with the Future Land Use Element and identified on the Future Land Use Map Series as Properties Consistent by Policy. Pursuant to FLUE Policy 5.9, this petition may be deemed consistent with the GMP regardless of the current density and use. ANALYSIS: Before any Non-conforming Use Alteration (NUA) recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings in compliance with LDC Section 1.8.1-.4.1-6 (UDC Section 9.03.03.B.5.a-f.) that: a. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located; This request is for the replacement or alteration of the existing units; no increase in the allowable number of units is requested, therefore the density on the parcel will not increase. b. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use; The building height in the Mobile Home and Travel Trailer Recreational Vehicle Districts is 30 feet; no departure from the height is being requested or recommended for approval, thus the building height requirements will not be exceeded. c. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback; This petition, if approval is granted as recommended by staff, will not allow any further encroachment because staffs conditions specify that approval is limited to compliance with Fire Code standards that require at least lO-foot separation distance between structures, and further, will specify that perimeter property setback requirements be maintained. d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structures; A reduction in parking requirements has not been sought, nor has any action regarding this issue been addressed as part of this petition. e. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and Holiday Manor; NUA-2002-AR-2995 staff report Page 4 of 6 Agenda Item No. 7A November 16, 2004 Page 10 of 35 This area has a unique character because it contains other mobile home and R V parks. Allowing the replacement of some older units and accessory structures will enhance the character of the area. f. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. If approved, this petition will allow the replacement of units only in compliance with the Fire Code, therefore posing a possible reduction in the threat to health, safety, and welfare of the community. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING: A Neighborhood Informational Meeting is not required for this petition. ST AFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition NUA-2002-AR-2995 to the Board of Zoning Appeals, subject to the following stipulations: 1. The number of units shall not be increased. The site is limited to 312 unit or lease sites, of which 187 shall be utilized for a mixture of sin~-and double-wide mobile homes, and 125 sites shall be used for a combination of R V trailers, park model units, and motor coaches; and 2. All principal and accessory structures must maintain a minimum separation distance of 10 feet; and the subject site must comply with Fire Codes. PREPARED BY: ~ K;~ 9-/tf-o'i KA SELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: o F PLANNER CJ (17!:..~ ENT OF ZONING AND LAND DEVELOPMENT REVIEW Holiday Manor; NUA-2002-AR-2995 staff report Page 5 of 6 Agenda Item No.7 A November 16, 2004 Page 11 of 35 S ANMURRAY,AICP,DIRE R 9/q>~{ DEPARTMENT OF ZONING D LAND DEVELOPMENT REVIEW APPROVED BY: ~~*r K. SCHMITT, ADM ISTRATOR ' 'DATE ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: Rus~1&L 1~404- DA E StafIreport for the October 7, 2004 Collier County Planning Commission Meeting Tentatively scheduled for the November 16,2004 Board of County Commissioners Meeting Holiday Manor, NUA-2002-AR-2995 staff report Page 6 of 6 .. . , ,", ..J,: tj ) . ~'-1.. . ..J ) RECEIVED JUN 022DOt Agenda Item No.7 A Novennber16,2004 HtJ J11 anor Cooperative, Inc. A Senior Community for Residents Age 55+ 1185 Henderson Creek Drive Naples, Florida 34114 'I --~~~-----~_.-_. RE.sUBMITTAL NUA-2002-AR-2995 PROJECT #2002080031 DATE: 613/04 KAY DESELEM (i) Agenda Item No. 7 A November 16, 2004 Page 13 of 35 NON-CONFORMING USE ALTERATION (NUA) PETITION Petition No. Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF Petitioner's Name: ~LIl>A-Y JYlANtJl!. f'A/)PeJe.ATIl!~ /AIe. Petitioner's Address: fIR/{ J1.€"b~Ii!t;.1'J" ~a;:K j)"III!; E-Mail Address: htl', dI'LYMOJW"~ earlhlil) k net Telephone:239-7~J/.-4J/.'1J.j. Fax#: .e~q-7?JJ-OlLZ./ Agent's Name: rslJ-:B 1?&'"D Agent's Address: /24 1?r-tc:;E. LAtJe. E-Mail Address:~r,11",~,tLo{.Corn. Telephone: Z.:n- 77~-j,Ll-?K Fax#: Z39-'7~- ~ 4.?% CeH: Z3~-8~/-~o~3 Legal Description of subject Property: . . Su&livision: Unit 1.o.t (s) . Block (s) .5oFloooooo5 Property I.D. # ~~M Bl$#G=' S~tion 3 Twp. 51 Range ..z t, Metes & Bounds Description: Acreage #: .3;z.. t COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 Application for NUA Petition 4/03 Address of Subject Property: (If different from Petitioner's address) Agenda Item No. 7 A November 16, 2004 / II ~ HIEI'{D€Jff.SoN CAEE}.!. D~. AlMLE:S, 1~.rtgeJJ.fjJt#5 Current Zoning and Land use of Subject Parcel: M. U. MDAILE. ~OME attd 1''1. 'PJ..~J<: COl>pl"rYl~ly nwoed. (is a.. S~'Il)R.. GDMWltJl1t+Y) J;S-t- Adjacent Zoning & Land Use: A"ffLH"~~OUt>'\ ~. rez/)/')ed 3/~,/o.fl. )M4.III"-Drldc..t"II, plus SMa...\\ '"Rvpa.vks We aJoo.t ~l)llle(" 11\ud .>,'ltlrn~ t'!l f'Aj1~: (}~k H~e.,(,~\1 ~k dr"L\r'I"'~I"'_ d.-k.~ - Clt!.\"'o~ 15 H.eACl~r:so-" ~k :M"~a<ko Evaluation Criteria: Pursuant to Section 1.8.10.4.1 of the 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 describing the Nonconforming use alteration with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. ZONING N pur:(Rsr-3 s C-1 MI-I, RMF6 W 'PO 0 LAND USE E~ 1. The alteration, expansion or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex or mobile home is located; 2. The alteration, expansion or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use; 3. The alteration. expansion or replacement will not further encroach upon any nqnconfo.rming setback' .,- . - . . . -. . . . . , 4. The alteration, expansion or replacement will not decrease or further decrease the existing parking areas for the structure; . 5. The alteration, expansion or replacement will not damage the character or quality o( the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and 6. Such alteration, expansion or replacement will not present a threat to the health, safety or welfare of the community or its resident. Application for NUA Petition PAGE 20f6 ~ Agenda Item No.7 A November 16, 2004 RECEffE050f35 AUG ..~. - 200lr NONCONFORMING USE ALTERATION APPLICATION SUBMITIAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF COPIES REQUIRED 1. Completed Application 17 2. Pr~applicatioDDo~nrlnu~ 17 3. Aerial Photograph 1 4. Completed Owner/Agent Affidavit, Notarized . . 1 5. Site Plan depicting the following: 17 a) North arrow, date and scale of drawing b) Property boundaries and dimensions c) All existing and proposed structures (indicate setbacks and dimensions). d) Parkin2 areas and drivewavs 6. Narrative statement covering the nature of petition; 1 a) Is this an alteration, expansion or replacement? b) Does this involve applicant's single family house, duplex or mobile home? c) Explain proposed changes, existing and proposed setbacks, and unique circumstances. d) State when the property was purchased and when applicable structures were constructed 1. Prooi'o! o.wnershipor interest in property, deed or 1 . contractto oui-chase . ..' ;. - - 8. Electronic copy of all documents and plans 1 9. AppllcatioD fee = $1500 ..' - Check shall be made payable to: Collier County Board of Commissioners .- Other Requirements - As the authorized agent/applicant for this petition. I attest that all of the information indicated on this chec1dist 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. a;?-A. /?~ Applicant! Agent Signature ~-.s-t:)~ Date Application for NUA Petition Pap 4 of 6 JUN-Hl-Z004 10:01 ~M JUL1ANO ASSOCIATES MAV-2'-2..4 WT~2. ~M .01 ~N~ .AR. ~IE~ 41:3786084'51 P.02 Agenda Item NO.7 A _. November,!! ~.004 ~ Page. 16 of 35 ,.., 7T5 ..... AFPIDA VIT w.n. Jj.LJJ~'t 1'1(1/t1A ~4 dr IHe. b,t,.. fI"t duly 1WOI'lI. ~ fI1fd"" ,IK" WI GIIIIttnw ,It, OWN'" of ,It, pfOpfrty t1RtIrlbtlr/ """t" ad ~tcA II ,It, 11461- ",."" Dlllt. '''''/101. IIHr'Utlt dult tll ,,., ''''WI''' to "" ,,_rlM' hi ,ltl, ~tlO", IPWluthn6 tit, duclfMU'. o!ilt'.ru' bt/ormGlloPl, all latch", daltl. a"d otM" "'PI""""'"'''' m/lttw alttJdtH 10 (1M mUtI II pan iJl thl, ap]JlltIlHo", a,. }umnl <IN trII, to III" H8I iJf t)ft, ItIttJfWI. 4tUl boII"r. WfIIl ulfdentand thai tlfe ,,,!rmNaJion requ.,cd on ,"" fiII1I)UlXItkNt ""161 N compl.e tutd flt!ttlHltc QIt(/ tlull t"~ COIfl"", o/lhl8/Dmf. wltllMI' <<1m,..,. ~fnW'H or Co.." priIIW ~11tl11 not be all~. Public /tctU'I,.. will MI lH eulw11ued 1111111'''18 uppllcutlOft t3 _met! ~. . ell ".".,i1'flll6tfo"'"""'" htu ".". _mtn.J. .::roAlV' do rlMt, dl( A.r ,,~rtf OWPItfr 'Wu! ft4rtlt,,. Gutlaorlz, /:1.." ~. If J! LL) to . net a" ou~ .'Y "'P"~/ftlttallw I" mry IfIatte,.J P'qdrJl. ~ PfltUIOII. . '. ~~.i1tu, ~M<&2 . f. 'PfI'1Y ow".,. J(J Iw F: I/o -Ne.fl e-, IMNIU.e,l; HfnG.TNC :j 0 h N J.:J U l, AIf () 1)IpM t)r I'rlnt<<l NaIM t1/Owtt,p 7)pfJd 61' PriIII<<J Nt.. 0/ Own.,- TIw /olWfltJi"8 In..,trume", wru fltJl1tow/,.dpd b'/tJ,., ".. /ltu~ dfUI fJj' ~........,...... . ~ "':I".e" v p,., !"fp" \ e. q.... wlltJ tJ (!!",D/tallY wwre It".. 0" 'PJ"OfIwJIMl Jok" ~. I,. no eu,tlMtVf=I/olI. . .. of FfD"tJu CoWtty of CoIlI..- ~~~~ ~lGlA AUA! ~/:eJt- (Prln4, ryp., Qr Sl""'P C(JIII,"wtOIl<<l HaWN 01 NotQ?1 Pub/Ie) ..' PATIUCIA ANtf LII1U MfComlll [Jp. ~ 110& No. DO 0011. ~ ......LD. AppIhleu. tor NU4 ,.uCion r.. 5 .f' ADDRESSING CHECKLIST Agenda Item No. 7A November 16, 2004 Page 17 of 35 Please complete the following and submit to the Addressing Section for Review. Not all items will aoplv to every proiect. Items in bold type are reauired. 1. Legal description of subject property or properties (copy of lengthy description may be attached) Sed-inn ~ l.fV'p. S/, 7?(]y~p 26 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description ifmore than one) 50 ggooooo 0 S 3. Street address or addresses (as applicable. if already assigned) JIKS J-IenderseJr? Creek 1>"'I"~', N'~le5) I=L 34/14 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) I " 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP - 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) ! - [J SDP (Site Development Plan) CJ PPL (plans & Plat Review) D SDPA (SOP Amendment) D PSP (preliminary Subdivision Plat) DSDP! (SDP Insubstantial Change) D FP (Final Plat) C1 SIP (Site Improvement Plan) CJ LLA (Lot Line Adjustment) o SIP! (SIP Insubstantial Change) 0 BL (Blasting Permit) CJ SNR (Street Name Change) C1 ROW (Right-of-Way Permit) CJ VegetationlExotic (Veg. Removal Permits) C1 EXP (Excavation Permit) CJ Land Use Petition (Variance, Conditional Use, CJ VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone, PUD rezone, etc.) . ...IiIOther-Describe:1-1t}r1-Ccnfo~mi(\9 tJ5e~AIf-p,....d-1Df\ (NcJA) ~;nn 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate wh~ther proposed or existing) .~ . Date Page 6 of 6 Agenda Item No. 7 A November 16, 2004 Page 18 of 35 Nature of Petition 1. NUA petition is a request to deviate from the existing County code so as to allow for the eventual replacement of older units and the future placement of units on vacant sites that are owned by the cooperative. 2. This request is being submitted by the Board of Directors on behalf of Holiday Manor Cooperative, Inc. and is to include all 312 sites. Authorization to file this request was approved at the Annual Shareholders Meeting of January 8, 2003. 3.Holiday Manor was started in 1968 as a rental park with the initial layout designed for the R V trade, which at that time consisted of much smaller units than those currently being manufactured. On March 31, 1996, the park became cooperatively owned. The park design has a tot.a\ of 312 sites, 187 being utilized for mobile homes, single and double wide, and 125 R V trailers, park models and motor co.aches. , " 4.Under our cooperative fonn of ownership, Holiday Manor Cooperative. Inc., owns all the land and the individuals own a share of the corporation with a 99-year proprietary lease for the site their mobile home or RV occupy. The reason being, when the park was developed in 1968, none of the sites were platted for recording purposes, therefore, individual site boundary pins do not exist, as a result all residents utilize their site with implied boundary lines. We have no problem complying with setbacks on the property abutting Collier Boulevard (State Rd. 951), Henderson Creek Drive(County Rd.), Henderson Creek Drainage ditch or the adjoining property north of Holiday Marior which is currently being proposed for a super Wal-Mart and affordable housing. The present zoning severely restricts those residents of an R V site from replacing their older. smaller trailer in the future with a new unit as the new park models start at about thirty-three feet in length. Most of the RV type trailers date from the early/mid 70's. Further, the cooperative owns vacant sites that are for sale and/or rent, they vary in size from 28'x 42' to 42'x 52'. Under present zoning. only (9) of the vacant lots could accommodate a thir!:y-three foot unit, be it a park model or motor coach. Faced with those dimensions. it is difficult for.the Cooperative to attract individuaIsto purchase a share with a 99-year lease on one of those sites, as most of the new park models and motor coaches of today will not fit if we must adhere to the existing rear setbacks as described under zoning code 2.2.10.4.3.5. Also, the zoning restricts our ability to attract the transient motor coach . ~ traveler if we have to adhere to the rear setback requirements. Holiday Manor is organized as a Senior Community 55+ and for many of our residents. we are providing affordable housing. Our goal is to be an excellent neighbor and an asset to the Naples area through constant upgrading and improvements to our physical facilities. To accomplish that, one of our rules is that all residents are prohibited from storing personal property out in the open. As a result residents are required to have an attached utility shed. However, in the case of residents who have a motor coach, their shed has to be a stand alone unit The placement of stand alone sheds on R V sites is difficult. 1 Agenda Item No. 7 A November 16, 2004 Page 19 of 35 s. The Board of Directors would like to request that all lots be considered as nonconforming use as the zoning for the area is MH and that the following variances be granted for the replacement of existing units and the placement of units on vacant lots. All new or replacement structures must be attached to the principal structure, attached to another accessory structure or in the case ofa stand alone shed there be a ten foot (10') wide separation distance from the nearest unit. By allowing such a variance, the residents would have an opportunity to upgrade their older units; the Cooperative would have an improved plan to offer to prospective purchasers, and the park in general will be much more attractive to all, residents and transient visitors alike. This would result in increased site value which would result in higher assessment value for taxes. To deny the request, the park would develop into an area of "old" trailers that would be -costly for owners to meet Cooperative rules and regulations relating to the main~ of ones' unit and property. In addition. the Cooperative would be paying approximately $6000.00 annually in real estate taxes on the vacant lots that we can't properly utilize. 6. As stated earlier. Holiday Manor was started inl968 as a rental park,. The first section was for R V renters and the second section for mobile home renters. The park was completed in late 1974. There are 187 mobile home sites. all occupied. and 125 RV sites some of which are vacant. Currently approximately 30% of our residents are permanent and that number increases each year. The other 70010 are seasonal residents that spend four to six months or more in the park. 2 ~ -~ Agenda Item No. 7 A November 16, 2004 Page 20 of 35 ') 1I0LfI):\ Y .\I:\~OR CO-OP, I~C. 1185 Henderson Creek Drive :\aplcs. FI. J-lII-l Senior Community - 55+ and No Pets (239)774-4474 Phone & Fax Board of Directors: John Juliano, James Anderson, Vera Wood, John Shoemllkcr, Lynn Rickert, James Watts, Bob Reed, George Kniola. George Lacombe. Nicholas Chieffo, Manager Organizational Meeting "Date: January 14, 2~04 ,'. . '. Re: To organize Board of Directors Roll Call: Jobn Juliano, James Anderson, James Watts, Vera Wood, Bob~eed, George Kniola, George Lacombe, Jobn Shoemaker. Present by phone, Lynn Rickert. - ') Nomination for President: Lynn Rickert John Juliano John Juliano elected President - 5 to 4 Nomination for Vice President: James Anderson, unopposed. James Anderson, Vice President . .',: No~iriafion'fo"'Sec~etary: ':,' ~. Vera Wood, unopposed . .Vera Wood, St:~retary Nomination for Treasurer: . James \-"'aUs John Shoemaker John Shoemaker elected Treasurer - 5 to 4 i\leeting adjourned. - ) I fit/-- 2. Agenda Item No. 7 A November 16,2004 Page 21 of 35 Statutes. John Juliano asked for a Motion to delete the Reserves from the agenda. Motion was made to delete by Bob Reed, seconded by John Hayes. #3 - After discussion, should the two lots on Palm Drive (#723 & 739) be combined? Motion was made to table the Issue by John Hayes, seconded by Bob Reed. A vote was taken with 83 for and 33 opposed. Election of Board of Directors for 2004: 168 Total votes were cast" 5 were not valid. The following candidates were elected. Vera Wood Bob Reed George Knlola George Lacombe . ,Adiournment: Motio~ to a~journ by;Pa~1 Boyer, seconded by Stanley B. Meeting adjourned at 11:15 a.m. .C" .... I' . ..".." Respectively submitted,: I I, Nicholas Chieffo, Manager ) .. .... ............ :"'1 .... .-- ~-~... S-'wh-1- - -:fr ~ ~ J../ ;)..()~ 'I .' ..' ..l. PATJlIClA NIfl.... MrCamIll Elrp.Wt1JD5 No. 000011. _u~iD. (}~~~L -_ ~jtC.(ClA IJ:lVH Le'!>.J-u. ) /J _r-", ANNUAL SHAREHOLDERS MEETING Agenda Item No.7 A November 16, 2004 Page 22 of 35' HOLIDAY MANOR CO-OP, INC. 1185 Henderson Creek Drive Naples, FL 34114 Wednesday, January 8, 2003 Recreation Hall Minutes of the Annual General Meeting 1 :30 p.m. ,:',.'s.''t.:: '.'.,- The meeting was called to order by the President John Ju1iano,":;::;~;:~::::.?:.~';'; .'; :"".;:h':;:~:;~':.,!~?,-~,~t~H':::!'" . ~:.1~.~?;'~r.- . The invocation and Pledge of Allegiance 'was led bY'Blll }i~er~:::;::,::::.,:-,:::'::~t~:~fZ~~h:~~~;'~' . .. '. ", .,L':f::::~:~~~?:;:'.: ..':'~, . ROLL CALL: Present were John Juliano, President; JohnH,ayes,':Yice~~':j:~-"';::;.;~-~:':. ':::,:'~i~~t;': President' Lynn Rickert TreasUrer~':"Veia Woo-d";'Secret:;~~:DiIeCiors~jim~", .._.:~~;~~''-' .,~ ' , , ., _ ~J".. - .'.~. '"._ '. "~:"t~Or.;!~~~.r;.~~:'P~ '.' . . Anderson, Stanley Bartkowiak; John Shoemaker, Jim Watts,'Bob Reed,ij1~~~~~li:;::::' " . Don Smading Manager .;. -.' ~,'.i~_~=$.""'.;...f" , .. ,.: " , . ':.. .:::..,:t~./, ::'. i~;~:' h':~~~f'~ __ .. 0" ~~ ._' __.. .p;-:. -). ."," ".' SECRETARY'S REPORT: John~~1.~~o rep~~d .~at:. '~~l!!~'~::~{;~e ':'~~~~i':' .... board have the minutes of last year's'annuaI'general -meetiri~r~a:iid.:the-..._;~;:~~:-:-. .. minutes have also been posted ,in the usual places.. There are cha:iigesthai_,:~~ ~':'.: .::. . . . " --~-'.r-". need to be made to those as follows: .. ,'. - ;:,:,.; ,.,;, ':"-;~'~"":;~;:""." . I )-On page 3 '- Kumquat Lane- unit 72 has been repeated twice and 00:'0 should be changed to 73,' . . ,....:~.~,.~__ 2) - On page 3, 4th line from the bottom, the word "resign" should be replaced with'.'remove .hel'\' . . a - ' , I. 3) - On page 4- firSt paragraph- SecretarY's note- should be added that&~ere were 20 votes against the motion". 4) - next to the last paragraph, it says &&thcfmotion that the rear lot line... be determined by measurement" insert "by Don Shaw", 5) - Item 5. It talks about Recreation Hall Air Conditioning - It should read " Capital Improvement Fund" instead of "Capital Development Fund", John Hayes, seconded by Bob Reed, to accept the minutes as corrected, The motion was carried by a majority vote. \ ~) INTRODUCTION OF CANDIDATES: John Juliano introduced to the \ /Ar'7 Agenda Item No. 7A November 16, 2004 Page 23 of 35 shareholders the candidates for the vacancies for the board of directors. They were John Shoemaker, Jim Anderson, Lynn Rickert, Jim Watts, Carlos Vasquez, Rebel Watson, John Juliano and Al Carrs. TREASURER'S REPORT: Lynn Rickert summarized the financial statements for the year to date referring to a hand out given to each shareholder. (attached). As of today, due to the fact that the amortization schedule was off by $24,784 and put on the principle with no penalty," there is a balance of$2,914,899. Lynn discussed voting to stop paying $10.00 towards the Capital Improvement Fund and, instead, apply it to the regular majp.tenance fee. . That is, freeze the Capital Improvement Fund and use the money for new" . '.' ~,;:~~,:,~,t:~t~< capital improveJ.llents.,. ..Then, linC! item~ . for a maintenanc~~e.s~rve ..filIid~~~~:t:':<' .'.....~~.:~:~:.'__.~:would be set up in the next budget for,approval.' FolloWing a~ discussion 01i~f;t:5,:?::., ' ...,'. this matter, Lu Livingston proposed and Howard Tignor seconded a motion:~~-~:?~:~,:~;:<:> . '-"A.:~~';':::~"" ~at ~e association s?ould, ~~ntinu~ to as~~s the sh~e~0~de~~.~~!'9.09r,p~~Yf~::f~~::~r' ....,... :-'.,' month for the new Capital Improvement Fund. 46 shareholders voted. for ~m~;:,.,., assessment and 67 shareholders opposed the motion. Therefore, therew!ll..~if;i:st~. , ,no longer be an assessment to the Capital Improvement FUnd. effec~vt~~!t,f{' '. .., -.<'" 'F b 1 .2003 . '.. "'~~;f!tc..;;-;'::_,':, . ~ . -. .' ~.' e ruary, . .':~~;'~i:;;:!"_ . ~),;.-"'.:.~. . ~-;.j~~~f,-:-" ' '~'.--._- A discussion was held regarding the need for an audit of thfffiriaricial '~f'l~:' records now that Southwest Management will be handling the. bookS~'~~F::''';1. According to the accountant, an audit can cost $2500-$3000. Until now, ','",,"::.; there have been reviews of the fmancial records. 'Jim Anderson proposed,.. seconded by Ed Snyder, to have an external audit of the fmancial records of , the Co-Op for this fiscal year ending April 30, 2003. The motion passed un~imously;. . , Informational comments made by Lynn Ric~ert regarding rent increase included increasing both mobile and RV rents by $5.00/ month and increasing the maintenance fee by $5.00/month. These issues..wiIl be discussed further on the January 22,2003 agenda. . John Hayes proposed with Vera Wood seconding to accept the treasurer's report. It was accepted unanimously by the shareholders. -j OLD BUSINESS: 1. Crash doors- handicap ramps: Mr. Jennings reported that he had been 'J _C'7 Agenda Item No. 7 A November 16, 2004 Page 24 of 35 able to obtain a quotation for the installation of five steel double doors, handicap accessible, full view glass with a choice of glass, preferably laminated. The cost would be approximately $8600 plus 10% to require a permit with 7-9 weeks for completion. Handicap ramps would not be installed until after the doors have been installed. After discussion, George Lacombe seconded by Bob Reed proposed to move forward to replace the 5 doors if the project does not exceed a cost of $12,000. The shareholders approved the motion unanimously. ~ ..::~.. . 2. Swimming pool area renovations: Joe Bials reported that the Social Club is willing to donate $4000 towax:d expanding the deck and seating area at the swimming pool. However, this figure will appear to be a drop in the bucket. Collier County requires a quote and no concrete company with give a quote.'~..:'. ." .. . ' ~o1Iier. Couno/ .i:n~tructs the <?o-Op to ..hire an en~neer.. ~ . Aft~r. muc~~~'~:",:'. dISCUSSion on this Issue, Mr. BlaIs reported three options: FIrSt, ltwotild :.;!.i:><~;" . cost approximately $20,000 to install ~ 12 x 50.addition on concrete and ,~"i~~;~~:,'.. overh~g roof. Second, put :vmyl fencm~ around ..,the POOI.~?!.~f~iI--"~ approxunately $10,000. Carter Fencmg Co. could mstaIll19 feet of 4' high.~~\::}.".. . private vinyl fencing with 3 aluminum gates to match with combinatio~iltt.~.>;.: locks. T~rd:. put the slab on ?old and for. S?OOO, install a white, ~~}~l~~.~~.<{:-< coated cham link fence. on one Sl~ of the exISting. fence and a gate Wlth~~~fJ,~;' lock. Necessary engIneer servIces are approXImately $?OO.OO. A,,1:~:,,;~~:~;~ .:.,.. discussion was held regarding these options. It was' also pointed out by'~("::"'. several shareholders and Don Smading that the pool could be in need of"~.~".-' repair due to some potential problems and that pool repairs should be . addressed first.., . Jim Anderson proposed with Lacombe seconding to cany the pool project through as described by Joe Bials with an expanded deck, roof over . , . the deck-and a fence. The motion was defeated unanimously... Since the $4000 gift of the Social Club cannot. be applied to the pool project, it was consequently determined by Mr. Hammer that it would.n~.t be applied to the fence project at this time. . . .~, .' ..,-. r .. --). .- 3. Security:. Mr. Bials reported that a four foot fence will meet security requirements. This project will require a permit. A heater at each end of the pool is 30" high that can be climbed as a ladder to enter the pool area. A four foot chain link fence around the heater and pool house would eliminate that problem. A lengthy discussion was held on the details of fence replacement and method of payment. George Lacombe with Patty Lester seconding made a motion to install a $10,000 fence as described by Joe -) Agenda Item No. 7 A November 16, 2004 Page 25 of 35 . Bials. The motion did not pass-only one shareholder voted for it. It was noted by John Juliano that pool repairs would be made as necessary out of the operating budget. NON-SHAREHOLDER'S PROSPECTUS: John Juliano reported that at the present time the only legal and valid prospectus for non-shareholder's was filed in 1986 by the Cavins when they were owners of the park. Last year, the shareholders approved a legal firm from Tallahassee, who specializes in prospectuses, to have a new one written which represents Holiday Manor Co-Op and not that of the Cavins. It was discovered that lot numbers and sizes need to be indicated. Also, that th~ lot at 987 Palm, owned by Mrs. Gouldesbrpugh, is referred to as two different sizes. Due to . legal technicalities, we caimot discuss the new prospectus without her ~....' - tt d tt t ...'!.'J.';.:.;:-.........:. ....~.~~r.~;~t*~L..a orneyan. our a. o~ey presen ..:..,:=~:.::.:>_.. .. . '4o.' ..... . .. ..~ .... . .:.... _.. _.~:o/;.;: - ;.' NON-CONFORMING U'SE-AL TERA TION REQUEST: John JuIian<? '., _ '. . '.' stated that last year, approXimately 30 anonymous calls were made to th~:~:~r~:::.~.::.~~~.:.: County Code Enforcement Officer reporting the'installation or additionS -of;T~0::::"::~'.'"_':. she9s, resulting in having their neighbors cited, After he made a tour of the~.:j:~~~~::::. .: ': ......::r... ">>'.' . ...., park with Michelle Arnold, then Director of Code Enforcement, to see ho..w:.<)..~L,~~.::. .., ....~._....... ..,..-. the park was structured, it was decided to file for a Non-Conforming Use-:~~f::~~:.,;<.. . . ..-__...~.... ~..4. . Alteration for the Park. This summer, the necessary papers were filed with~ft:~'~:-:~ the county. However, we did not obtain approval from the shareholders...io~};~.:i7~~-:-.. do this, despite discussions at open board meetings. The application, whic~'.~;~:'j.;i-:;' . has a fee of $100.00, needs to go to the planning commission with the-" :r; ~<::.. shareholder's approval. It will not effect boundary lines. It would allow a.': . shareholder to replace an existing unit with a larger unit and it would allow a _ vacant lot to be rented easier. Vacant lots need to be rented to help with. income. Harold Siler proposed with John Hayes secon~g that the Board . submit a Non-Conforming Alteration request to the Collier County'Planning Services. The motion passed by majority with 9 opposed votes~ A public hearing will be held before the Planning Comrnisslon:and anyone who wants to speak in favor of or against the application has a right to do so. Nate Olmstead pointed out that shareholders need to be present at the hearing to support the application. Only one objection can cause the variance not to go through. Therefore, residents need to be notified of the hearing date in order to voice their support of the variance either in person or by letter. . .... '.' ,'. ':,; ... ;,.:. :./';;<.;'~:':. . .. )--. ;1-"" ..' . ...... ~~. '.. NEW BUSlNESS: - ) .':. ..:. .~"":,:,:". :::'..... : .' .....~. '::.": ." .......) .. " : -~ -. .-'.-.. . ) Agenda Item No. 7 A November 16, 2004 Page 26 of 35 1. Consideration of issues that require Amendments to the Prospectus. John Juliano said there will not be a vote on these issues today. Information will be brought forward and then a special shareholder's meeting will be scheduled. a.) The law requiring the voting process-in the prospectus: When we became a co-op, a nominating committee was used to search out candidates for the board. That process is no longer valid and we have not been following that process. We are conforming to the law where we submit a form to you asking you to become a candidate, you return it back to the co- op within 40 pays of the election date with your resume. We get it out to the shareholders within 30 days and we conduct an election such as today's. It is a matter of correcting the prospectus to conform with the law. We will have the attorney draft the proper words, which is something that has to be done. ..;;'~.;; b.) Change elections procedure to thr.ee directors elected each y~ar for three~r-~=..:_;' year terms to provide more continuity: .LYnri. Ri~~rt explaiDedhow the~~1.~ ;;~\:. elections would change to having 3 board members elected for 3 year tern1s-:rr~%f;;;:.' . _.""'~...,> . as oppose? to having 3, 2 and. 1 year slots no~. Ed Snyder .~oved .~~i(lb~~~;'.'~,~,,: Howard TIgnor seconded a motion to proceed With our attorney to draft th~";~Zf~.:::-: . proper .wording to have that ~~ our election basis; that is, to chang~~d el.e~J~~(i.:'. : '. . three directors each year startmg next year for a three year term. The motic;mJi~:r7:;~"> '.:. . . ....~~.....'-......,. c' . passed by a majority with 2 shareholders opposed. The attorney 'will b(f1~~;:t'f: '".. . asked to prepare the proper language for the prospectus to be changed at a.~~~:~.:' ".' special meeting which will be announced. .....::~~~:"- . c.) Establish a minimum attendance requirement for directors: Vera Wood>'?~:: feels that we should have minimum attendance requirements directors. Johri""-" Juliano pointed out that directors are volunteers and all have different ~...'"' schedules. A discussion was held and Mr. Lacombe made a motion that we ._ have a 50% minimum attendance by board members at meetings for future directors. . Vera Wood seconded.' The motion was 'passeQ. by. a majority. The issue~'will be discussed in more' detail at a special meeting which will. be announced and the attorney will be asked to prepare the proper wording for the prospectus. d.) Distribution of profits, in the event the Park is ever sold:" Currently the surplus goes to the shareholders with an even distribution, whether they have invested in a mobile home or an RV. In the case that the park ever should receive an offer to be sold ( John Juliano hopes that the sale never occurs in his lifetime), one could buy a share when this information became available and there is nothing to stop them from receiving the same amount of profit as the current shareholders. A discussion followed as to how to determine who would receive the profits equitably in case of a sale. Nate Olmstead .6" or:- 7 Agenda Item No. 7 A November 16, 2004 Page 27 of 35 I made the motion, with Jim Anderson seconding, that by June 1, 2003, those of record would share equally in the profit. Anyone purchasing a share after June I, 2003 would share at a 20% rate each year until 5 years have been accumulated. The motion passed with 2 shareholders opposing. 2. Legal Issues: John Juliano discussed the following issues where money is being spent. Currently, letters have been sent out to 2 shareholders who have not paid their rent and assessments for several months. They have not paid within the time frame of the letter and the attorney has been instructed to proceed with the necessary steps for foreclosure on those 2 pieces of property. The other day, an emergency meeting was held and we have asked ~_ the attorney to look at our documents and take the necessary steps for' . eviction of one of our shareholders that we feel is not de~irable to the:-.:",-: ":'. . . community. . We also have. the attorney engifged In .trying _to resolye. the'. ....: < dispute between Mr. Fiorelli and Miss Britton on a boundary area We will.:~'. also be engaging our attorney to resolve the lot size issue at 987' Palm, Ms..<<..... '. Gouldesbrough's lot, which may be resolved amicably or may go to court. :':<::~~~".. ~) . . NON-AGENPA lTEM- INFORMATIONAL PIECE REGARDING,RVi:~:~:. LOTS: Dorothy Spence reported that a committee was formed to look at th~,:!.'.-- : . . . RV lots to see what needed to be done to bring them up to:a respectable:~.:-.....:..... standard and what could be done to make them attractive through repairs. 8 ~7'''''' .- empty lots out 28 are in need of desperate repair. She indicated that cement, '" . landscaping and filling in on the edges should be done within the next year. The estimated cost of repairs is $10,000. We have tried to recover some. of the repair expenses by increasing the selling price of the lots. No motion was made. It is a board decision to maintain those lots. RESULTS OF THE ELECTION OF THE BOARD OF DIRECTORS: Vera.Wood reported the result of the election: Jim Anderson 113 John Shoemaker 100 Alfred Carrs 17 Carlos Vasquez 54 John Juliano 124 Ransom Wattson 28 Lynn Rickert 130 Jim Watts 109 . Don Shaw 65 c ) ~ ~r7 Agenda Item No. 7 A November 16, 2004 . Page 28 of 35 The five new board members are'Jim Anderson, John Juliano, Lynn Rickert, John Shoemaker, and Jim Watts. REQUEST TO ADDRESS THE MEMBERSHIP BY GEORGE LACOMBE: George discussed a number of positive issues regarding the shareholders and the Park for the last.several years. However, he wished to issue a complaint about a few people who are belittling all the work of the volunteers, causing expense to the shareholders and impeding the progress of the board. He would hope these people would stop these actions and allow the board to do their work. -' OUTGOING PRESIDENT'S REMARKS: John Juliano remarked that as' a '" '-i~=Z'tCa1\\t~t~~!WhS:~::~lki~fd~'i:';-!A!~~;-'" , ' picking. The boanf~illdo.their-b~t to continue to progress po~itively. ,-:_".~ . ,..:.":.> ""'.'1'.-,', '...~':~.,;'.j.~.,~:'~-.~'..,." ...',',,:,,;_, " ,,~,.:.,:..,:...; ,:,;,,;,_"'~3'!,::'~.:::":.. John Hayes," ~eci6rid~-'bt Jirii./Ariderion~ proposed that the"iheetiiig'bi.~t~:::::!.:., - - adjourned. The motion carried ~ani".:'ously. The meeting was adjourried at'i:-'~:', 4-15 pm. .:,\,.,,~:;-,:, . . -. :. ~':f:,~t~:~.:~! - ,': ' '-~,,''''-...--;: -, ~ ').:. :..,~.:_~rep~ed.b.~:_ .......... Lois Garofalo Recorder January 10, 2003 -.. . .~.~ -~~~~~~;: .' ~- . ...~..:..:~.".. .-~.. ..:-~:.:-": -;...;.~- - "/ it,. ." · ~,-"-~ '~-p~ ~ :<, ;).j)~<f PATItIC(A~ ..,-Comm Sj:a;t JJ05 No. DOOOIIY , ~~UCIl..iD. . o~~~ P,q.f ItlGlIt /JJlljJJ Le5+€ft ) ---- - 76F 7 ,f..', T' 'I ' _.r" 7' " , ' \ ~ i' J . . _ ,J' \ J ' .'... \ L ' ~. . ~J: " ~ r " L,. ... - , ... ..' .-/ ;.;. I ' " . ' ~. ~ . - -'- ,~ ..~~ ... ~ ~~~~~:'". . ~aIo:' iEd'mdy .,",;" """ '.'Af~~JV ..m J.DIl>. enture, Made;tliir.;-~ i ..;dayof /~'<."*i,; . ,1",.tsA.D.. CA VlN HOLDINGS, INC., . .'<iOrpj:Jra!ion'i:liistlol'l1IIiier!lic';lIWI',of.Ibc'ltllCof Florida ',-!-;: . ,. .' .- ttt 2038975. OR: 2164 PG: 1399 **i IICODIH.OlUCUUJCOIDS of COIoLIlI coum, fL 03/2t/U.atU :Z4P1:DIIGI! I. BIOCI, CLlU' .. . COIS 2187600.0D UC III ' 6.OD DOC-.71 21213.20 .~; -;;-':;' .:" . :;.:.I;!~, ".' .: Between of 1bo CD111117 of cot.L@t~~;; .'." , HOLIDAY MANOR COOP'sRATIVE.:INC;,a' aad ~ " ~~:,:~~~~il \<~:.,.~,,~ ",: whDII adcIRa 11: 11 BS H~m~~.. ~Zes~of_bc:2fL:~S · grai1t~ _ _ _. _. __ _. _. __' _ .,,:~~,':~-~~-L.. 'f~ d"_ !'., ":,u - - _-- ~- -' ~-:--_. -. -. - -D9LLARS. IlIlI ocher 10001 IlIlInluablo coaiidcalloalO 9~llblJiIDI .Hr~, ~.-!pi ~ llberwby lIl:kDowled.Cd. bas 1..-1. bupiDed aad mid lO 1bowlcl'0R.ANT:EB :'IlIlI' GlANTimlS'~'~ .aad:....... famer. 1Iu fvIIowinc dcs:ribod Ia..... silulle,1y'" aad beIDI iIllbc Colliill' ofColUcr _~lI;orida~1D wit: . All that part of"the "North 501.;:~~g1tf."ee~ of' the established South half (S 1/2) of the<Sout:hhalf: '(S~'lo/2r of'Section 3,. Township 51 South, Range 26 East, collier: co.l:ID~:i, d.Florida, lying Easterly of ~~:I~a~O~~B:J:~t;:~~~~~~i~~~?lJ~~~~~~;~~~~'%Ja~~n aOf~~~;r Records Book 76 at Page 127 of ".the "Public Records of Collier County, Florida. .. ," ,. .. .,' ..',..:. . . SUBJECT, HOWEVER/ to:,a:$~d~ky-;!~#;f a;icing and'; across a strip of land as set out, ininst'i'Uliient ~recioiide"d\ inOfficial"Records Book 163 at Page 488 of the Public Re<;oiClS'of Col"iier County, Florida, being along the Souther,Yy ,border"b.f the above-described land. .,.'::_,', .t"_;;' ,,~' , ,~.~ ,.-'..,~ .~'.;:. .c,.~Wc;i~ ,", ,..; ," Subject to restr:ipt!idns~,:j:reserVa:.tli:oIl's:and'easements of record,. if any, and tax~~>S1Jbse<&?~t:"tO~:~'9.9S~. ,je ,'."-' .. ."" ,~?~ " ,,:'~~~;.:::;('~:..i~~;.. : '~"'I" ,-".;. .., 1~' ,,' ",.:, "i\' ,:,< t)f?~:~: . ...i d1e l..-r d.... hereby fully ....rmai1lio'ddi: 1D:1iald laad;- aadiria-ilCf.id... .... .....1awfDI cIaIa'ohD penoas wboalloeYer. In Witness WhereOf. 1bo' JIUIIOrbu ........ Nt ius. baadaad IaI Ibo day .... y.... IiIIt above wrincn. Sllned(;~r";' dell:~ I. ~r:.~ CAVIN, HOLD, ~~GS.. ~c. . . ~)/ , . 'lJ.~~ . By: ~...& /l' e.L.A'~L_- . PrintedNa,nc: John' F .Stanl LEOCAVJt1>,'PrcsideDt.. Wl~~...../ / ('.~~...v-:-.~. ip.O. Add..... 103 Mahogany_Lane, NAPLES,FL 33,~:" PriIIled Name: Robert Cavin. 'J ~, ' W~ ,.,._~_:_,~_ ;.f "'.. ... ,. . ". . ,'{':~'. . ."" -' ..' ' STATE, OF j;LORIDA,C~j~~i1t.;;;ij' ~,~_:. i~<. ~.. ~ i~",'>dr:, ;: ..'(cOqiOra!i; Seal). COUNTY' OF- coLLiBi7'~~- :. ~ T. ~~ ~_ - :~.:;~:.- Tho foJeloinJ iIlsInuneU w...-cuowlcdalclbef....,mc'ddo 29th' ':d.y of LEO CA VlN, President of CAVlNHOLDIN<:lS, INC., an behalf of II.. oo"",,,,'ion. H. is pol'lO/lIIlty know.. '" m.. ./0 . .,...~.. ......,....._nt P..~....i n...., ..._-_ u~ ~C'~"?'I\ 1A..UP. rda.A.~"'.1 J.. . (Seal) (,..-.~' \. .-./} March , 1996 by I . Florida_, i , ;'tF Curpo",lian. ( / " "'11 j /1 lor>, "l::t-n :1 ~l~~B{I~~t~lil~ff-~~ ~~.~!" .~ ~..rl;:;,l!~ ~m '~ni It Ill.i 1:ll.~...[C ~il/l~ \5 ...:J~flh~~ Ool::~~~ ~itl!l!r~ " ~Il,~ :f~l-' q 't "~JI! 8:tll () in fl." ~." ~f \ . CoIl f i ~ ~~~~~ i t~al- c a~~~[ if.~a.! ~ ; iU" :lf~(~ ~~ ~ lfl.;-ll,l \ ~":"Iu;i -i\ ~ .!1-if a-.:. () ~ ~ l '" '"":z a' ~ ~~ r:iI p (j\~ ~~. U' ::r ~ 85 lr.... ~ ~~ ~ p 9 ~~ 'SJ; Cl' J> ~ ~ ~Cl' 6'1 U\ J> . r ~ ~ U1 ~ ~.. g 5i~~~il~ . .!1 ~ 5~~i ... ~ ~ ~J\t)'" C\ Q i\~:;1~">! '<> l:! ~ .....~.. Q. i ~i!~iS~ f fA D~~!i~it ~ ~ !I~~~i i ;< ~ I~...~ !l ... ~~et i ~~~i~~ 1\ ~\l!"t-IO~ ~ ~f!<'>~~Sl. .~ ~~~;!~ ~ ~~I~o~ Q, ~~Sl.~~ ~ il~~~~ 8 ~~~..~ :-'~~~:l ~..I;;l;r \J\ It ... ~~g' z~1l. 0" " . f\ . ....1 ~~I - ~I 10-: 11,8111 ." -. " \1. N . LI,otO . r\~lq \ I bo;:!l~:Z~:-I ~ ~~~)>.il ~ "i I>~r ~:~~~a~ Q1-~~~a- ~~t)lii~jI\~ ~R~~~~~ ~ ~~~ ~ ~ ~~~ ~ I::i ~ ~ . 'figz (1~IC~ a~~~ ~?~ . ~~ ~~'" ~~'" ill-<2 (f...:t ? ,.,.1; ~OA ai: -<("> o:::l ....~ ~v ;-<z .,,~ ,~ 1>'" "0 "'~ ~OG~ ~Hi ~" ~Bi~ ~ ~ ~. if 0 ~ ~ i! .. ~ !lili . OJ ~! !!: Agenda Item No. 7A November 16, 200<f Page 30 of 35 j r > Z tJ w. e ~ < M ~ ." I ~~ ~ z- r- ~ f/' P [}J r C; ~I l., -1 IV ~ a ~ h ~ Z t~ u h1~ ~ !n~ q ~~ !j~ !!. ~ .!:! ~ ~ ~ a ~ Agenda Item No. 7A November 16. 2004 Page 32 of 35 <(VI.!) r-OC") 0.... ON 0 Z "C") <OC") E::: (l) 2(l)0) -.occ ccEa.. "O(l) c> (l)o ~z Il'l 0) 0) N 0:: <( . N 0 0 N Cl ::l Z 'It: Z 0 l- I- W Q.. a.. e:( ~ Z ~ 0 - l- e:( (J 0 .....I ~ ~ ~ ; ~ n:>s 01 .LON / Z- - ~ ~ ;!; 0 < 0 " ~ o~_ ~ n ~ ~ i~~ OH~^31noB b/JIIlO:I t~6 .~':J ::; ~ ~ ~ -~ >- ~ " :<: ~ B~ ;f ~ il ::; I L' :' ,~ ~ iIi c ~ f-Z 00 w- ,\< 00 0:0 "--.J ~ ~ I ~ ~~ ~ ~ "'- e ~. 2 ~ ,z G~ ~~ W I- CJ) Agenda Item No. 7 A November 16, 2004 Page 34 of 35 RESOLUTION NO. 04- RELA TING TO PETITION NUMBER NUA-2002- AR-2995, FOR A NON-CONFORMING USE AL TERA TION APPRO V AL, TO ENABLE UNIT OWNERS TO REPLACE EXISTING NON- CONFORMING STRUCTURES, IN CONFORM- ANCE WITH THE FIRE CODE AND SO AS NOT TO INCREASE THE EXISTING NON- CONFORMITIES ON PROPERTY HEREINAFTER 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), as amended, which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of requests for non-conforming use alteration, 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 non-conforming use alteration, to enable unit owners to replace existing non-conforming structures, in conformance with the Fire Code and so as not to increase the existing non-conformities in a Mobile Home (MH) Zone 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 9.03.03.B of the 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, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that Petition Number NUA-2002-AR-2995, filed by Bob Reed representing Holiday Manor Cooperative, Inc. property owner, with respect to the property hereinafter described in Exhibit A, be and the same hereby is approved for a non-conforming use alteration in the Zoning District wherein said property is located, subject to the following stipulations: I. The number of units shall not be increased. The site is limited to 312 unit or lease sites, of which 187 shall be utilized for a mixture of single-and double-wide mobile homes, and 125 sites shall be used for a combination of RV trailers, park model units, and motor coaches; and Page 1 of 2 Agenda Item NO.7 A November 16, 2004 Page 35 of 35 2. Unless attached, all subsequently permitted principal and accessory structures must maintain a minimum separation distance often (10') feet and comply with applicable Fire Codes. BE IT RESOLVED that this Resolution relating to Petition Number NUA-2002-AR- 2995 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Exhibit A: Legal Description Page 2 of 2 Agenda Item No. 78 November 16, 2004 Page 1 of 39 EXECUTIVE SUMMARY CU-2004-AR-5770, ARCO Finance, Inc., represented by Vincent A. Cautero of Coastal Engineering, Inc., requests Conditional Use 11 of the Commercial Intermediate (C-3) District for a single-use building greater than 5,000 square feet in area, as specified in Section 2.2.14.3.11. of the Collier County Land Development Code (LDC). The property to be considered for the conditional use is located between 104th Avenue North and 105th Avenue North, in the Naples Park Subdivision, in Section 28, Township 48 South, Range 25 East, Collier County, Florida and consists of 1.85 acres. OBJECTIVE: Staff requests that the Board of Zoning Appeals review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERATIONS: - The petitioner requests approval of Conditional Use Number 11 of the C-3 zoning district to allow for construction of a 19,000 square foot retail store, specifically, an office supply store. The LDC requires that permitted retail uses in the C-3 zoning district be limited to 5,000 square feet of floor area or receive Conditional Use approval. As noted in the staff report, adequate vehicular site ingress and egress and pedestrian access is provided throu~h the design of the parking. Sidewalks will be constructed along 104th A venue North and lOSt A venue North, connecting to the existing sidewalk along Tamiami Trail North. Vehicular access will be from 104th Avenue North and 10Sth Avenue North. In addition, the subject site abuts residential zoning that is developed with single-family houses. This requires a IS-foot "Type B" landscape buffer to be placed adjacent to the residential zoning boundary. This buffer includes a 6-foot wall with a minimum of 6 feet of landscaping on the residential side of the wall. Lastly, in order to reduce the effects of the store on neighboring properties, the petitioner has designed the site with the loading dock along the south property line, adjacent to other commercial property. FISCAL IMP ACT: This conditional use petition by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is approved for the conditional use, a portion of the existing land will be developed and the new development will result in an impact on Collier 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 identified projects in the Growth Management Plan (GMP) Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50%) of the estimated ,-' CU-04-AR-5770, Office Depot Page 1 of2 Agenda Item No. 78 November 16, 2004 Page 2 of 39 Transportation Impact Fees associated with the project is required to be paid simultaneously with the approval of each final local development order. Other fees collected prior to the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMP ACT: The subject property is designated Urban (Urban - Mixed-Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) ofthe Growth Management Plan (GMP). Policy 5.1 of the Future Land Use Element (FLUE) provides that property that was zoned prior to the adoption of the GMP and found to be consistent through the Zoning Re- evaluation Program is deemed consistent with the GMP. The property is also designated on the FLUM series as properties Consistent by this Policy. The Comprehensive Planning Department has deemed the subject property to be consistent by Policy. Based upon the above analysis, staff concludes that the proposed use for the subject site can be deemed consistent with the FLUE. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The environmental staff s analysis indicates that the subject property consists of partially developed retail uses. There are no environmental issues associated with the project; therefore, the Environmental Advisory Council did not hear this petition. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: Because the petitioner failed to properly place the required public hearing signs on the subject property, this petition was rescheduled from the October 21, 2004 CCPC meeting to the November 4, 2004 CCPC meeting. As a result, the CCPC recommendation and findings could not be incorporated into this executive summary. Staff will verbally present the CCPC recommendation and findings to the BCC during their public hearing of this item on November 16,2004. STAFF RECOMMENDATION: Staff recommends that the BZA approve Petition CU-04-AR-5770, subject to the applicable requirements of the Land Development Code. PREPARED BY: Raymond V. Bellows, Manager Department of Zoning & Land Development Review ....-....., CU-04-AR-5770, Office Depot Page 2 of 2 Item Number Item Summary Meeting Date AQenda Ilem No. 7B N-overnber 16. 2004 Pa.ge 3 of 39 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 78 This item requires that. all particIpants be sworn in anrl e't parte diilclosure be pro\lide-d by Commissllm rn~mbefs. CU-2004-AR-577D, ,c..ReO Finane-e. lnc" represented by Vincenl A Ciwter" 01 CQa~;tBI EngitH~ering. Inc., requests Cundition,,1 Us!!' 11 of the Commercial Intermediate (C-31 OiBtrict for a "'lngie-uBI'! building greater than 5,000 l'iquare feet ill area.. as specified in Secti'lr1 2.2.14.3 .. 1. ot the Callier County Land Development Code (LOG). The pfilperty tu be nll1~,ldel'ed fDr tilt! l:unditiQI1ilI u~e is h)Gated bet:w~en 104th Avenue Nt>11h ~nd 105th Avenut: North, in the Naples PtJrk Subdivision, in Sectiol1 28, Township 48 South, Range 25 Ea1.t; Collier County Florida ann con⁢t~ of 1 85 acres. 11116/2004 9 :00:00 AM Prepared By ChiefPlllnt'\\H 10i2712004 :l:.44:0S PM Ray Belluws Community Oevelnpment & Environmental Services DatI!' l0l1in9 & L.ll1d De\1elopment Rpview Constance A, Johnson Opet3tiolla Arl3.lyst Date Approved By Community D~elopmcnt 8. Environmentt11 Services. Communit}' DC'\Ielopmcnt K Environmf!ntal Servicl'I$ Admin 10:27120G4 4:20 PM Approved By Sandralfll) Community Dellelnpmr.m1 & En'\iironmental SCrviC.lf5 Ex(!'cuti"e Secretary Dati! Comtnuni1y I)ellp.lopmetll & En'limnme-t1taf Sorvices Admin. 10121/20044:38 PM Chief Planner Oat. Approved By Ray Bellows Community Oevelopment & Environmentul Ser\lir:es :loning & L.:md Development Review 1<112"'20044:41 PM Z.onlng & Land Or.velopmf\-l'Il: [)itc(':tor Date Approved By $UG:iln MIJrt:jlY, AICP Comlnunlty Dt!veloplnent & Envlronmentaf S(!r"iCe6 20lllng &. land De;.elopmenf Review 10/28120043:59 PM Joseph K. Sc.hmrtt Dale Approved By Commllotlv Dt.>velopment & EnvirClnm~nj:ill Setvices Cornmul'lity De-:vclopmel11 8- f:nvimnmental Servic:p.>s Admint,tr.iltc;H CO!l1mUlllly Oevf!Jopmcnt &. Envlronrm!nt.11 SeNices Admin 10/29110049:31 PM Tr.1nsportatiol'\ m\lil;iol'\ AdmlniJilratm n~tl! Approved By Norm E. Fedl!!r, AICP Tr;lillsport\on Servic.es lranloportation Services Admin 11/l12004 1'1:02 AM OMS Coordinator Admirdstrati'Jl:l ASSH!.tanl Oat. Approved By Cnunt)' Maru.gr.r':!< Office Office of Man;;llgemen1 &. BUdget 11i3f200410:15AM Approved By Mark h;.ar.kson County M)l:n1\~er's Office Buril1lrtArulyst D*le Office (;>1 M..'HlgClmClnt" Budgel 1114120044:25 PM Mktla:el Smykovn.ki MilInagt:ITIClnl" Budgel Dir~t.i(lr 0... Approved By County M.mager's Office Office 01 M.a113gement & Budget 1115120049:46 AM Approved By JJETles V, Mudd Board of County CDmmissioners: Cout\ty Manolger lhte County Managm's Office 11/5/2004 ti":25 PM Agenda Item No. 78 November 16,2004 Page 4 of 39 TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: NOVEMBER 4, 2004 RE: PETITION: CU-04-AR-5770, OFFICE DEPOT AGENT/APPLICANT: OWNER: ARCO Finance, Inc. 4001 Tamiami Trail North Naples, FL 34103 AGENT: Vincent A. Cautero, AICP Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission was scheduled to hear the conditional use petition for the Office Depot at its October 21, 2004 meeting. The petition was continued because of an incorrect hearing date listed on the public hearing signs that were placed on-site. The petitioner requested that this item be rescheduled for the November 4, 2004 Planning Commission meeting in order to allow for the proper advertising of this petition. In addition, due to concerns that the conceptual site plan for the project (see staff report) was not consistent with the architectural design standards of Section 5.05.08 of the Collier County Land Development Code (LDC), this petition was forwarded to Carolina Valera, Urban Design Planner for review and comment. Based on her review, she has noted the following: The parking lot for the proposed 19,000 square foot retail store is consistent with the LDC because the fifty percent allowable parking limit to be located between the front (primary facade) of a building and the street only applies to buildings over 20,000 square feet. As a result, the subject building, as proposed, would not need to meet this requirement. It should be noted that the requirement for transitional elements for projects that are 100 percent taller than existing buildings within a 300-foot radius is not applicable because the proposed 34 foot tall building will not exceed this percentage. Therefore, it is the opinion of staff that the rest of the applicable architectural requirements can be reviewed and approved during the SOP process without impacting this conditional use application as submitted. Lastly, to improve compatibility with the adjacent residential zoned properties, there will be an 8 foot tall wall as noted on the conceptual site plan along with a 15 foot wide Type "B" landscape buffer. CU-04-AR-5770, Office Depot Agenda Item No. 78 November 16, 2004 Page 5 of 39 The conceptual site plan provides for a possible future curb cut onto US-41 that requires approval by the Florida Department of Transportation (FDOT). If this future access is permitted after the site development plan is approved, the developer is required to amend the site development plan consistent with all applicable rules and regulations. Furthermore, the parking lot lighting shall be shielded and directed away from any residential lot. Based on the above findings, the Department of Zoning and Land Development Review Staff recommendation remains the same as previously noted in the October 21, 2004 staff report. The analysis in the staff report indicates that this conditional use request is consistent with the Growth Management Plan and is compatible with the surrounding neighborhood. Therefore, staff recommends that the Planning Commission forward the proposed conditional use petition requesting a 19,300 square foot retail store to the Board of Zoning Appeals (BZA) with a recommendation of approval. A TT ACHED INFORMATION: The Staff Report prepared for the October 21 st Planning Commission meeting is attached. In addition, a letter is attached which was received after the petition packet was printed. PREPARED BY: RA Y BELLOWS, MANAGER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: SUSAN MURRA Y, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE CU-04-AR-5770, Office Depot 2 Agenda Item No. 78 Novernber16, 2004 Page 6 of 39 eotmr County - '--~ -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: OCTOBER 21,2004 SUBJECT: PETITION CU-2004-AR-5770, OFFICE DEPOT CU PROPERTY OWNER/AGENT: OWNER: ARCO Finance, Inc. AGENT: 4001 Tamiami Trail North Naples, FL 34103 Vincent A. Cautero, AICP Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 REQUESTED ACTION: The petitioner requests approval of Conditional Use Number 11 of the Commercial1ntennediate (C-3) zoning district for a single-use building greater than 5,000 square feet in area, as specified in Section 2.2.14.3.11 of the Collier County Land Development Code. GEOGRAPIDC LOCATION: The subject parcel is located on the west side of Tamiami Trail North (US 41), between 104th Avenue North and 105th Avenue North, in Naples Park, in Section 28, Township 48 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a 19,000 square foot retail store, specifically, an office supply store. The LDC requires that permitted retail uses in the C-3 zoning district be limited to 5,000 square feet offioor area or receive Conditional Use approval. CLJ-04-AR-5770, Office Depot Page 1 of 7 Agenda Item No. 78 November 16, 2004 Page 7 of 39 ~ .~ ~~ i l!l - .....=-- z "" i w!!! :II! "" ~ !i! !::~ I -9 :::J ~ ~ ~ , It- ~'n ,,.,w. IWIIWL ]]]]][ ~ _ [lJIl1IIIT i;l! j 1111 IIII1 [IllUIIIT nTll 1111 g[ i:'::: ,", ...... '.', :; I-- ~~ i: ~:~: ;;;i il I-- ::1,:: :::. :! 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Office Depot Page 2 of 7 D- < ::t W I- - en Agenda Item No. 78 November 16, 2004 Page 8 of 39 105TH AVENUE NORTH 1 ~B .39 .qo ! 5 2A- 2.:S 4 13 1:r.!. 11 10 104TH AVENUE NORTH 1 ZONING MAP SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: SURROUNDING: North: East: Partially developed with retail uses; zoned C-3 South: West: lOSth Avenue North ROW; across which are retail uses; zoned C-3 Tamiami Trail North (US 41) ROW; across which is the Pelican Marsh golf course; zoned PUD 104th Avenue North ROW; across which are retail uses; zoned C-3 Single-family homes; zoned RMF-6 AERIAL PHOTO CU-04-AR-5770, Office Depot Page 3 of 7 11111 !,U $1;111 II~ I I II I f II! ;! · r in; · ! B = ~;; i iii t Iii 'III 1-. -. ,,- .p II I i' , " , -iJ ~ ! , ---------------, & : _..~..ft I.. iNOZ ~ I ~ i Agenda Item No. 78 November 16, 2004 Page 9 of 39 I , . r--- I I I 1lH02 ...will .. - I 3NQ2t":> I : I I " i; 1----- ~:: ' i~ It I ~ i n r---- ; :H: .... I !~--- , , I u: = : ----------------------------------------- ----------------------------------------- ------------------------------------------------------------- ~:~ ~z __ '. . orflCE DEPOT sl1t PWl ...... . . ..... ..... _n _... _. ..... _0 ~"..... CONCEPTUAL SITE PLAN CU-04-AR-5770, Office Depot Page 4 of 7 CIJ-2004-AR-5770 PROJECT #2004010022 DATE: 4128/04 FRIW REISCRt Agenda Item No. 78 November 16, 2004 Page 10 of 39 GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban - Mixed- Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Future Land Use Element (FLUE) Policy 5.1 provides property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the GMP and designated on the FLUM series as properties Consistent by Policy. Zoning changes will be permitted to these properties, provided the amount of commercial land use, and the overall intensity of development allowed, are not increased. In addition, pursuant to Policy 5.10, properties for which compatibility exceptions have been granted, as provided in the Zoning Re-evaluation Program established pursuant to [former] Policy 3.1K, and identified on the FLUM series as Properties Consistent by Policy, shall be considered consistent with the FLUE. The subject property is consistent by Policy. Based upon the above analysis, staff concludes that the proposed use for the subject site can be deemed consistent with the FLUE. Transportation Element: The Transportation Services Division reviewed the proposed Conditional Use and found that it is consistent with Policy 5.1 and 5.2 of the Transportation Element of the GMP. ANALYSIS: Before any Conditional Use recommendation can be heard by the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. This request is consistent with the Growth Management Plan (GMP) and, with the conditions proposed by staff, this project will be in compliance with the applicable provisions of the Land Development Code (LDC). 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will be provided through the design of the parking area to provide adequate parking and pedestrian access. Sidewalks will be constructed along 104th A venue North and 105th A venue North, connecting to the existing sidewalk along Tamiami Trail North. Vehicular access will be from 104th Avenue North and 105th Avenue North. CU-04-AR-5770, Office Depot Page 5 of 7 Agenda Item No. 78 November 16, 2004 Page 11 of 39 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The subject site abuts residential zoning (RMF-6), developed with single-family houses, to the west. A 15-foot "Type B" landscape buffer is required adjacent to the residential zoning. This buffer includes a 6-foot wall with a minimum of 6 feet of landscaping on the residential side of the wall. In order to reduce the effects of the store on neighboring properties, the petitioner has designed the site with the loading dock along the south property line, adjacent to other commercial property. With the buffer and the location of the loading dock, staff believes that the proposed retail store will have a minimal effect on neighboring properties and no greater effect than if the property were developed with four 5,000 square-foot retail stores. 4. Compatibility with adjacent properties and other property in the district. An office supply store is a permitted use in the C-3 district. A Conditional Use is required because the proposed square footage of the store (19,000 square feet) exceeds the maximum square footage in the C-3 district. Four 5,000 square foot stores could be constructed on this parcel without the requirement for a Conditional Use. Therefore, staff believes that the proposed retail use, with the buffers required by the LDC, is compatible with adjacent properties and other property in the district. NEIGHBORHOOD INFORMATION MEETING: The Neighborhood Information Meeting was held on June 24, 2004. Approximately 25 people attended. Questions raised during the meeting related to access, hours of operation, deliveries, lighting, landscaping, and buffering. The owner of a nearby packing/shipping business spoke in opposition, stating that it would put him out of business. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2003-AR-39I4 to the Board of Zoning Appeals, subject to the applicable requirements of the Land Development Code. CU-04-AR-5770, Office Depot Page 6 of 7 Agenda Item No. 78 November 16, 2004 Page 12 of 39 PREP ARED BY: RA Y BELLOWS, CHIEF PLANNER DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Staff report for the October 2 I, 2004 Collier County Planning Commission Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE CU-04-AR-5770, Office Depot Page 7 of 7 Agenda Item No. 78 November 16, 2004 Page 13 of 39 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Commission District: Date Petition Received: CU-2004--AR-S770 PROJECT #2004010022 Planner Assigned: DATE: 4/28/04 FRED REISCHL Petition No.: ABOVE TO BE COMPLETED BY STAFF 1 . General Information Name of Applicant(s) Office Depot c/o of Mr. Ken Knuckles of Newton, Oldacre, and McDonald, LLC Applicant's Mailing Address 3841 Green Hills Village Drive, Suite 400 City Nashville State Tennessee Zip 37215 Applicant's Telephone # (615) 269-5444 Fax # (615) 383-6866 Applicant's E-Mail Address:kknuckles@)1omllc.com F inn Coastal Engineering Consultants, Inc. Name of Agent Vincent A. Cautero, AICP Agent's Mailing Address 3106 South Horseshoe Drive City Naples State Florida Zip 34104 Agent's Telephone # (239)643-2324 ext. 120 Fax # (239)643-1143 Agent's E-Mail Address:vcautero@cecifl.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 78 November 16, 2004 Page 14 of 39 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Naples Park Area Association Mailing Address 655 103Td Avenue N City Naples State FL Zip 34108 Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy in cornmon, 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 Fedrico Hurth Percentage of Ownership 100% 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 Percentage of Stock APPLlCA nON FOR PUBLIC HEARING FOR CONDmONAL USE - 4/14f03 Agenda Item No. 78 November 16, 2004 Page 15 of 39 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 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. Name and Address PercentageofOwne~mp 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 Ownersmp f. If any contingency clause or contract tenns involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 7B November 16. 2004 Page 16 of 39 g. Date subj eet property acquired ( ) leased ( ): Term oflease yr./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 behalf, to submit a supplemental disclosure of interest form. 3. Detailed leeal descriotion of the property covered bv the aoplication: (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) 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: 28 Township: 48 Range: 25 Lots: 1 through 14 and 49 through 52 Block: L Subdivision: #509200 Naples Park Unit 1 Plat Book 2671 Page #: 387 Property I.D.#: Parcel "An is 62413760001 + Parcel "B" is 62413800000 "See Attached Legal Description" Metes & Bounds Description: 4 . Size of property: 270 ft. X 299 ft. = Total Sq. Ft. 80.598 Acres 1.85 5. Address/eenerallocation ofsubiect property: 10419 Tamiami Trail North. The subject property is located approximatelY Y2 mile south of Immokalee Rd on Tamiami Trail N (u.SAn. It lies between 104th Avenue Nand I05th Avenue N on the West side of US 41. 6 . Adiacent zonin!! and land use: Zoning Land use N C-3 Retail and Fast Food S C-3 Restaurant E PUD Golf Course\Residential PUD P <.-1; Ui.1 r11Ci.r~ h W RMF-6 Undeveloped Single Familv Residential APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 78 November 16, 2004 Does property owner own contiguous property to the subject property? If so, give cf6rB~leteOf 39 legal description of entire contiguous property. (If space is inadequate, attach on separate page). NIA Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property 1.D.#: Metes & Bounds Description: 7 . TVDe of Conditional Use: This application is requesting conditional use # 11 of the C-3 district for (TYPE OF USE) Retail use with more than 5.000 square feet of gross floor area in the principal structure fLDC Section 2.2.14.3), Present Use of the Property: Retail\service and undeveloped. There is an existing 1.875 square-foot. one-storY. wood-frame building with a barbershop and an ice cream parlor. A vacant one storvwood frame house is also located on lot 13 on l04th Avenue and will be removed. Approximately 75 percent of the 1.85 acre site is unused or undeveloped at this time. 8 . Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staffs recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). Narrative Statement - Office Depot Office Depot proposes to construct a retail office supplv store with about 19.000 square feet of floor space on 1.85 acres. Approximately 15.250 square feet of floor space will be used for retail and sales areas. The remaining 3.184 square feet will be for storage. offices. and non-retail uses. The current use of the l'ropertv is retail and service located in a small 1.875 square-foot building located at the comer of Tamiami Trail and 104th Avenue. A small. vacant house is also located on 104th Avenue. Approximatelv 75 percent of the site is unused and undeveloped. The proposed use will be a better and more efficient use of the property. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 78 November 16, 2004 The proposed use also meets all County reauirements except for the limit on floorF3ielli t&of 39 permitted uses. therefore. the applicant is requesting approval of this conditional use as required by the Collier County Land Development Code. 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): The property is within the C-3 district as identified on the Collier County Zoning Atlas. The C-3 district permits retail uses with greater than 5.000 gross square feet of floor area as conditional uses in the C-3 district (LDC Section 2.2.14.3). Such uses are deemed consistent with the Collier County Land Development Code if all requirements are met. The subject site is also located within the Urban Mixed Use District. Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. That subdistrict allows commercial proiects within appropriate commercial zoning districts. such as this one. The proposed use is also consistent with policies of the Growth Management Plan and. specificallY. Future Land Use Element Policy 3.1 and Transportation Element Policies under Objective 7 which requires the provision of safe and convenient on-site traffic flow. and adequate parking and design. 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: Ingress and e~ess will be from both l04th and lOSth St N. utilizing existing access points along Tamiami Trail N (uS 41). Sidewalks will be provided along both streets and along Tamiami Trail. which will provide maximum safety for pedestrians by adequately separating them from traffic. By using access from l04th and 105th St N. the traffic will be directed onto the roadways with the least impedance to traffic flow and impact to traffic turning movements along Tamiami Trail North (U.S. 41). Any traffic movement toward the residential areas of Naples Park to the west will be minimized and will likely result mostly from local residential use. The Transportation Impact Statement also supports this request. indicating that there will be no adverse impacts as a result of the proposed use. and all roadway links are proiected to function at or better than the adopted Level of Service~ therefore. no road improvements will be required as a result of this proiect. The driveways will also be placed an adequate distance from Tamiami Trail N. to maximize safety and safe turning movements for motor vehicles and emergency vehicles. A right in. right out median cut is also planned along Tamiami Trail N. (U.S. 41). Such vehicle access will need to be approved by the State of Florida Devartment of Transportation (FDa!) and the Collier County Transportation Services. Crosswalks and walkways will be clearly marked and si{mage will be placed requiring stopping of motor vehicles where driveways intersect with sidewalks. All ADA accessibility requirements for handicap access from streets and parking areas will be met. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The proposed office supply store will cause minimal or no impact to neighboring residential and commercial uses. Lighting will be adjusted to prevent ~are onto neighboring residential properties and to prevent APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 7B November 16, 2004 distracting passing vehicles. There should be no odor. glare. or vibration associ~ 19 of 39 with this tvoe of use and little noise will be made exceot the occasional noise associated with commercial and retail businesses that will be limited to normal business hours. The development and redevelopment oithis land will lead to increased economic benefit and shortened shoppinsz trips for nearby residents and businesses. The proposed use will also improve the appearance of this property and provide additional jobs in this area. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The proposed use is within a commercial district which permits restaurants. retail businesses and services. Properties to the north and south of this site contain a mix of retail uses and restaurants which are considered compatible uses. Such uses are commonlv placed together or in close proximity to each other in order to minimize incompatibilities. Tvoically. hiszher intensity uses such as commercial. retail. and multi-family are placed along or near collector and arterial roads such as alon~ U.S. 41. The proposed use should. therefore. be deemed compatible with the adjoining retail and commercial uses. This site is also one of the remaining underdeveloped or undeveloped properties along this seement oru.s. 41 and is ideal for the proposed use. e. Please provide any additional information which you may feel is relevant to this request. The applicant is taking all apl'ropriate steps to meet County Code reauirements and to insure compatibility with neighboring commercial and residential properties. Walls and adeauate buffers and landscaping: are planned to help minimize any possibility of visual or noise impacts to surrounding properties. This includes landscaping and a walled and gated loading area on the south side oithe building. Adequate parking and access are also planned which will also make this use compatible and attractive. The parking area will provide landscaping to meet County requirements and to provide shaded and attractive parking and entries to the store. 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 hearing? No 11. Additional Submittal requirements: 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; Included b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8Yz" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, APPLlCA nON FOR PUBLIC HEARING FOR CONDmONAL USE - 4/14/03 Agenda Item No. 78 November 16, 2004 depicting the following [Additional copies of the plan may be requestddaoopt)hof 39 completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPe]; Included . all existing and proposed structures and the dimensions thereof, Included . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), Included . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], Included . locations of solid waste (refuse) containers and service function areas, Included . required yards, open space and preserve areas, Included . proposed locations for utilities (as well as location of existing utility services to the site), Included . proposed and/or existing landscaping and buffering as may be required by the County, Included . location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); Included The sign will be located in the northeast corner of the property. The sign is a pedestal type measuring 15 feet high by 12 feet wide. The actual sign face area will be J 2 ' by 6 '-2 ~ H. c. An Environmental Impact Statement (ElS), as required by Section 3.8. of the Land Development Code (LDC). Not Required d. Whether or not an ElS is required, two copies of a recent 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 wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Not Required e. Statement of utility provisions (with all required attaclunents and sketches); Included f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; Included 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); N/A APPLlCA nON FOR PUBLIC HEARING FOR CONDmONAL USE - 4/14103 Agenda Item No. 7B November 16, 2004 h. Any additional requirements as may be applicable to specific conditional ~~ahldof 39 identified during the pre-application meeting. including but not limited to any required state or federal permits. NIA Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign(s) 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. APPLICA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 78 November 16, 2004 Page 22 of 39 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST 1. NAME OF APPLICANT: Office Depot c/o orMr. Ken Knuckles of Newton, Oldacre. and McDonald. LLC 2. MAILING ADDRESS: 3841 Green Hills Village Drive, Suite 400 Nashville CITY Tennessee ZIP 37215 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 10419 Tamiami Trail North, Naples. Florida. 34108 4. LEGAL DESCRIPTION: Section: 28 Township: 48 Range: 25 Lot: 1-14 and 49-52 Block: 7 Subdivision: NaDles Park unit No.1 Plat Book 1 Page #: 106 Parcel "B" is 62413800000 Property I.D.#: Parcel "A" is 62413760001 + Metes & Bounds Description: S. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM IZJ b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e . SEPTIC SYSTEM IZJ 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM [g] b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) 0 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 7. TOTAL POPULATION TO BE SERVED: NA Agenda Item No. 7B November 16, 2004 Page 23 of 39 a . PEAK AND AVERAGE DAILY DEMANDS: TBDISee attached Statement A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY 9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Approximatelv January 2005. 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. NIA 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. Included Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST Tms COMPLETED CHECKLIST IS TO BE SUBMITTED WITH PACKET! Agenda Item No. 78 November 16, 2004 Page 24 of 39 APPLICATION REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 20* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* X 4. Pre-application notes/minutes 20* X 5. Conceptual Site Plans (including (1) 8-112 X 11 copy) 20* X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 X 10. Historical & Archaeological Surveyor Waiver 4 X ADDlication 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee = $4000 - X Comprehensive Plan Consistency Review = $300 Fire Code Review Fee = $150 Check shall be made payable to: Collier County Board of Commissioners 14. Other Requirements - . Documents required for Long-Range Planning Review As the authorized agent/applicant for this petition, ] 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 of this petition. Applicant! Agent Signature Date APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 TRAFFIC IMPACT STATEMENT (TIS): Agenda Item No. 78 November 16, 2004 Page 25 of 39 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 of ten 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 buildout) Peak Hour (AADT) . Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (ROn 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 (LOS). 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 decellanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the 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 aU ofthe items listed above for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development APPLICA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 78 November 16, 2004 Page 26 of 39 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. Trio 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 (ITE) Trip Generation Report shall be used unless documentation by by the petitioner or the County justifies the use of alternative rates. 1. Trio 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. 2. E:ristin!! 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 RDI. 3. 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 Develooment Influence ffiDD: 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 r~quired by DRl Other (commercial, industrial, institutional, etc.) 0- 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. ~ 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). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 78 November 16, 2004 7. Backuound Traffic: The effects of previously approved but undeveloped or ~airYJf 39 developed projects which may affect major thoroughfares within the RDI 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 Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Throu2h 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. PlannedlProposed Roadway ImDrovements: 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 RVBIRJM 1()/17/97 APPLlCA nON FOR PUBLIC HEARING FOR CONDmONAL USE - 4/14103 . Details Agendallftfffi ill<9f7B November 16, 2004 Page 28 of 39 Folio No.lls2413760001 ... Current Ownership Property Addressl110493 TAMIAMI TRL N Owner Name ARCO FINANCE INC Addresses % CHASTANG,FERRELl,SIMS & EISERMAN LlC 4001 TAMIAMI TRL N STE 285 City NAPLES U Staten Fl n ZiP. 34103 .3556 legal NAPLES PARK UNIT 1 BlK 7 lOTS 1-3,51 .. 52 Range 25 Acres 0.51 : Map No. 3A28 II Strap No. ~ 509200 7 13A28 Section 28 Sub No. '1J Use Code 509200 10 I NAPLES PARK UNIT 1 VACANT COMMERCIAL ..Ifl Millage Area 68 -1l~ 13.277 2003 Final Tax Roll Values Latest Sales History Land Value S 550,000.00 (+) Improved Value $0.00 (=) Market Value S 550,000.00 (-) SOH Exempt Value S 0.00 (=) Assessed Value S 550,000.00 H Homestead and other Exempt Value $0.00 (=) Taxable Value S 550,000.00 Date Book. Page Amount 05 / 2000 2671 - 387 $ 2,471,000.00 09/1994 1983.1473 $ 840,000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. _. . . The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetai1.asp ?F olioID=0000062413 760001 2/12/2004 . Details Agendall~ JlJ<9f7B November 16, 2004 Page 29 of 39 Folio No.1I62413800000 - Current Ownership Property Addressl110425 TAMIAMl TRl N Owner Name ARCO FINANCE INC Addresses % CHASTANG,FERRELL,SIMS & EISERMAN llC 4001 TAMIAMI TRL N STE 285 City NAPLES II Statell FL R Zip. 34103 .3556 Legal~ NAPLES PARK UNIT 1 BLK 7 LOTS 4.12 Section Township II Range :: 28 48 25 Sub No. 509200 NAPLES PARK UNIT 1 -1J Use Code 12 IMPROVED COMMERCIAL Acres 0.73 Map No. 3A28 Strap No. 509200 7 43A2B -t Millaae Area 68 "'1J M1IWm 13.277 2003 Final Tax Roll Values Latest Sales History land Value $ 793,250.00 (+) ImDroved Value S 42,150.00 (=1 Market Value $ 835,400.00 (-) SOH Exempt Value $ 0.00 (oo) Assessed Value S 835,400.00 (-) Homestead and other Exempt Value S 0.00 Coo) Taxable Value S 835,400.00 Date Book. Page Amount 05 1 2000 2671 . 387 $ 2,471.000.00 09 11994 1983. 1473 $ 840,000.00 SOH. .Save Our Homes. exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp ?F olioID=0000062413 800000 2/1212004 04/06;04 1~:55 FAX 2392617579 I1IS-APR-~4 1~:S8 ~TH AGRI ;. ., GRUBB AND ELL! 5 liII 002/002 ++39 0464 S194/.i~ndaF!~. 78 November 16, 2004 Page 30 of 39 , o , \ gPIDAJ/lI. We/1.~~ro HUJm{ being first duly sworn. dspf>>e aJUl say that wUJ am/cue the ownen of the proptUty dacribed herem rmtl which is the subject mtUter 01 the proposed he.arl.rtg; thot all the dI'IS'WO'! to tlte question.! ill tlUs applicatiOn. tnduding the disclosure of intereSt information. aU &ketches. cIata.. and other supplementary matter auadaMI to and made a part of tIW application. ~ hone.rt and true to the bat of our knowledge and belief. Well understand tlu1.t the mfornuJ.lion rdqUGted on this application maat be complete and accurate and that the content of this form, whether comput81' gene1'ated or County printed shall not be altBed. Public hearings will not be advmi.sed IUltiI tltis application is deemed complete. and all required information #au been submitted. .As property owner W.n further authorize N; Nr'11'm ~ niJ to ad as our/my represe1lUJUw in any matti!rs regarrlittg thU Petitioft. *Newton Oldacre McDonald *Coastal Engineering *Richard yovanovich O-<:'~ Signature of Properly 0wMr Signature of Property OwIMl' FEDRICD HUR"JE Typed or Printed Name oj Owner 1Yped or Printed Name of Owner The foregomg instrument was ac:Jcnowledged before me ,his day of 20 --J by who u personaUy brown to ",. or has produced as identification. (Signature of NOtary Public - Stltt~ of Florida) Stote of FloridA County of CollieI' (print.. 7}ope. or Stamp Commissioned Name of Notary Public) '''J'UCAnDl'f lItO. ptl.llUC wnr~JanorG 1I'OR COI'fOITlONAL US'll: - .114103 TOTALE P. es Agenda Item No. 78 November 16, 2004 Page 31 of 39 SUB.meT PROPERTY AERIAL CU:i004-AR:S'7'7fi ~~~EJECT #2004010022 . : 4/28/04 FRED REISCHI. , .t. f' :: ': ;'1' , ~ i ~: ~ ; II ' ; I . -I.- --'~,/ I . I <', f' ~~.- ':.~ - 11 -~ ~ i ~ I j'l /j/ /~// /"/ ,/ ! j ~~ : 'i .~~ i:." ...;; 8~ ~~ ~, ~j' " ~; II !': ~. ;;} "i" L ~, ^. s ~',I;~~~,,',.,,"i.,:,l ill II , - Agenda Item No. 78 November 16, 2004 Page 32 of 39 S~i>~ f-'~' t. ..' ,I!> fi t.f ~ \: ~I.~' ~j ~~ n' fi~ ~"~p' ! i I ~ I" ' I , \ --\ ; \ z ,.. " . fT1 !II ..., r0- o ;xl 6 ,.. """I?~ ~ -.ill! it,h(~ t:I ~ E ~ tit.:h I tit-h ~~, 0 n..... '"~ ~~ ~ tD Agenda Item No. 78 Mr.& Mh!~'~e 1a"c~e 848 1 03rd A~r~.e 3~ ons Naples,FL. 34 108-3223 September 4, 2004 RECEIVED SEP 9 7004 Mr. Fred Reischl.AICP ZONING DEPARTMENT Dear Sir: We are writing to you in regard to Petition: CU-2004-AR-5nO, an Office Depot to be located at 10419 US 41 N. Weare vehemently opposed to this planned development because of the size of the building to be located on less than two acres of land. It also will not blend into /be adioining properties of smaller business parcels and one-story family homesites. Additionally. there would be increased traffic and parking problems in a tesidential neighborhood, not to mention more trash behind the building. This would 411 filter down into the neighborhood of Naples Park. SincerelYI ~J/t~ Lonnie McKenzie ~Jolekvn~ Jean McKenzie Naples Park Homeownen. ............................ . 848 1~J16mi ~ N ~ RECEIVED NqOles, FL~ 3'-1 (of _'~. ... .... ._ OCT 15 7.~~~____"_hdbci:~_..g:/...~.<)._Q.4:h_'d' JI)..J2..Q.",C..ffiC'd...6eJ \0t0S I ZO~ING DEPAR!M_=~~_. ... _d_ :-;OJL a:reo Cl.3Cl; '(\WI;-h~~:~~~PJM(\(~ .. ~.mml5S L~(")~nQ.r-n i'2J..~+.tdbo{). ~_.. .~~- ~.Q.94-~... ..e-.fS-577o }oF-6~e-uepot.:b bLl~'d~~~f;. .. .1C?~(~ CiS. .1-IN_4 .d...._.......... .. d' . _h_W~ a.'r~ U.fl~./L --b:,. t;;L{{enoL ~~0cL. ~IS+-, .rn€.e..-tl~on ~ is co w.Q...... tqt-hk)~TJ< -F-~{L- ,+tm,!L, jobs du.r '(-,'1 ~~ daj. .. . .. . 'd..m~ &n not:: e,1,ev-L +W Y()~_(&T~ .~(")5JC:!~r/~ --thIS ~I~-t!- projec:e o.n.s~ ~. ~.$In(i.JJ-plAfcd of l~d- ( A/so). Ltd__~.II/ ./nfrl~j~ on -fj.e- d.mb/~c-e-O-f tA~ ':$.-m4( .cesj~r]i::(~C ~('eLI5 &.h(~d... Ct / _~.buslf/~sses ,t:Jn--th.e- tJe~-t side- d- u.s. 4//v.. ..o..re. (1:.// o>1e- .s-brv .. ~cl. ~1)14L /O~CCL/e-.. F~y- f6l?TOjed.... iJ1cs /~r'j-e-I J- WDU--(cLhel-/erllc /~-h, ~~ . c:oml11erctCU ,^Te~ CLr +J,~ ~rhers d tiS ifl N& CUld.. IfY'lnol\ajee- ~~l) (kS Y-ha5e. o..r-e-a../I /a~r , dad of Men -k .~ ..' .. . .r+ .~d.cttf!41C{ ~fN;;t. +A~-f?~Jlpkwh~ \1 WtJtM 1'- ~ c. . (!Pi fJ~('C Q~f::; tJ:o~..ld-:. e I("tl,.J ._.r;~1'}~1'J~C._t5 f<ch. ..0... p_rof2o;5~..)_d.tt- '~~r' th.~th'-t..,~!S_._~l.P{)~_~~ .... u~ .prpPjre>s- -th is ~r ! .......___.__....._ .......~*~ LOT>(1;"e rnvke.nU~ .~ ~~~~~ RESOLUTION NO. 04 - Agenda Item No. 78 November 16, 2004 Page 35 of 39 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE 11 OF THE C-3 ZONING DISTRICT FOR RETAIL USES WITH MORE THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA IN A PRINCIPAL STRUCTURE PURSUANT TO SECTION 2.2.14.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR ITS SUCCESSOR. FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102), or its successor, which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 11 of Section 2.2.14.3 of the Collier County Land Development Code, or its successor, in a C-3 Zoning District for retail uses with more than 5,000 square feet of gross floor area in a principal structure on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code, or its successor; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing ARCO Finance, Inc., with respect to the property hereinafter described as: Exhibit "B II attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use 11 of Section 2.2.14.3 of the Collier County Land Development Code, or its successor, in the C-3 Zoning District for retail uses with more than 5,000 square feet of gross floor area in a principal structure in accordance with the Conceptual Master Plan (Exhibit "C"). Page I of2 Agenda Item No. 78 November 16, 2004 Page 36 of 39 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN ATIEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: ~Li- o/1.~ Marjo M. Student Assistant County Attorney CU-2004-AR-57701FRIId Page 20f2 Agenda Item No. 78 November 16, 2004 Page 37 of 39 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -2004-AR-5770 The following facts are found: 1. Section 2.2.14.3.l1 of the Land Development Code, or its successor. authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience. traffic flow and control. and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise. glare. economic or odor effects: _ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings. this conditional use should. with stipulations. (copy attached) (should not) be recommended for approval. DATE: CHAIRMAN: RUSSELL A. BUDD EXHIBIT" A" Agenda Item No. 78 November 16, 2004 Page 38 of 39 CU-2004-AR-5770 Legal Description Lots I through 14 and Lots 49 through 52 of Naples Park, Unit No. I. Block 7. as recorded in Plat Book 1. Page 106 of the Official Records of Collier County. Florida. EXHIBIT "B" Agenda Item No. 78 November 16, 2004 11111 II pPI11 II illll 'III I I I rrll I: al il I · f iUI i II I I!:!:!:!: I i I : !:l ! , ---------------, III -A~~.. :!Nono , * i -----------, II l!I 1-, d" -------------, d I !!: , I , --------------~ , , ~ I ---r--l--,----1 , , I I , , I , IwlNI -I' I I I ___LL1-- : I I ! I ! t---- I I c; I ~ :!NDU'_ r .. I lIIIICIZC'O 'i: t I r-~- III 1--- I I: ;;; I ~--- , , I r-TT I ' I , ' I I' s 1-1- , I I 1-1. :: :: J ----------------------------------------- ----------------------------------------- ------------------------------------- ~~I-:z _ "" I CU-2004-AR-5770 ,"- .:= -- - -- Exhibit "e" 0FFlC[ DEI'OT SITE PUN -'Ill [~ Agenda Item No. 8A November 16, 2004 Page 1 of 77 EXECUTIVE SUMMARY PUDA-03-AR-4227, Wayne Arnold, representing Bryan W. Paul, requesting a Planned Unit Development (PUD) to PUD rezone for the purpose of amending the Orangetree PUD to reflect that 616 acres have been rezoned to a new PUD to be known as the Orange Blossom Ranch PUD. No other changes are proposed with this amendment. The subject PUD is located on the northeast corner of Immokalee Road (C.R. 846) and Randall Boulevard in Sections 11, 12, 13, 14,23, and 24, Township 48S, Range 27E. Companion Item: PUDZ-03-AR-4150 OBJECTIVE: This petition seeks to have the Board of County Commissioners approve a rezone from Planned Unit Development (PUD) to PUD for the purpose of amending the Orangetree PUD to reflect that 616 acres have been rezoned to a new PUD and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: On January 27. 1986. the property owner and the Board of County Commissioners executed a "Settlement and Zoning Agreement" that included a rezoning of the property to a "PUD by Settlement" to be known as the Orangetree PUD. The total acreage of the currently approved PUD is 2,752.8 acres and will be reduced to 2.136.87 acres if the companion petition to rezone a portion (616 acres) to the Orange Blossom Ranch PUD is approved. The purpose of this petition is to amend the PUD document and master plan to reflect the new project boundaries and legal description. No other changes are proposed to the PUD that is currently approved for 2.l 00 dwelling units. which will result in a change to the gross density from 0.76 to 0.98 dwelling units per acre. FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned. a portion of the existing land will be developed and the new development will result in an impact on Collier 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 identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. AdditioIlally. in order to meet the requirements of concurrency management. fifty percent (50%) of the estimated Transportation Impact Fees associated with the project is required to be paid simultaneously with the approval of each final local development order. Other fees collected prior to the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally. additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. PUDA-03-AR-4227, Orangetree PUD 1 Agenda Item No. 8A November 16,2004 Page 2 of 77 GROWTH MANAGEMENT IMPACT: The Settlement Area District allows land uses "vested" in 1986; these include 2.100 dwelling units and 22 acres/60,000 square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD - residential, commercial, community uses, etc. The acreage reduction will increase the density from .76 units per acre to .98 units per acre. however the approved maximum number of dwelling units of 2,100 will not change and therefore, the proposed amendment does not increase the vested number of dwelling units or commercial land uses. Based upon the above analysis, staff is of the opinion that the proposed amendment may be deemed consistent with the Rural Settlement Area District in the Golden Gate Area Master Plan (GGAMP). ENVIRONMENT AL ISSUES: The Environmental staff has reviewed the petitioner's application and has waived the requirement for the petitioner to submit an Environmental Impact Statement (EIS) because this petition only reflect the removal of 616 acres from the Orangetree PUD. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because no EIS was required, this petition was not required to go to the EAC. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION (CCPC): The CCPC reviewed this petition during their public hearing on October 7, 2004. A motion by Commissioner Strain to forward petition PUDA-03-AR-4227 to the BCC with a recommendation of approval was accepted by a vote of 8 to 0 subject to staff stipulations as contained in the PUD Document. The Planning Commissioners recommending approval found this petition to be consistent with the GMP and compatible with the surrounding land uses. Because one person spoke in opposition to this petition, this petition could not be placed on the summary agenda. STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-03-AR-4227 subject to the modifications of the PUD property boundary and legal description incorporated into the PUD Document as otherwise described by the amending Ordinance included in this Executive Summary. PREP ARED BY: Raymond V. Bellows, Manager Department of Zoning & Land Development Review -, PUDA-03-AR-4227, Orangetree PUD 2 ltem Number ltam Summary M..tln~ Data Agenda Item No. SA Nov'3mbar 16. 2004 Page 3 ot 77 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA This item was continued rrom the October 26. 2004 ace meeting. This item requires that all partlcipanls be sworn in and ex parte disclosure be provided by Cornmiasion members, PUDA~03wAR-4227, Wayne Arnold, represen1!ng Bryan W, Paul, requesting B PlllIl"lned Unit Development (PUD) to PUD rl!llOne for th~ purpose 01' amending the Orang!!llrL'lI!t PUD 10 reflact that 615 acres have been rezoned to a new PUD to be known as the Orange Blossom Ranch PUD. No other chsnge.s are proposed wilh this ameJ1dmen1. The sUbject PUD is located on the northeast corner of Immokalee Road (C,R. 846) 8"d Randal1 Boulevard In Sections 11, 12. 13. 14, 23, and 24, Township ..as, Range 27E. Companion Item: PUDZ.03w AR.41S0 11/16/2004 9:00:00 AM Prepared By 101281200410:5&:17 AM Ray Bellows Community Development & Environmentl1l Services Date Chi6r Plmnner Zoning & land Development Reoview Approved By Date Susan MumlY, Ale? Community Development & Environmental services Zoning & Land Development OlnJctor Zoning & Land Development Review 10/28/20044:04 PM Approved By Oate Sandra Lea Community Development & Envlronmentll Servft8f,i Executive Secretary Community Development & Environmental Services Admin. 10128/20044:13 PM Approved By Dot~ Constance A, Johnson Community Development & Environment.1 Service. Opel1lltions Analyet Community Davllllopment & Environmental Services. Admin. 10/28120044:38 PM Date Approved By Joseph K. Setun'" Community Development & Environmental Sttrvlcoa Community Development & Envlronnlll'ntal Services Adlninstr..tor Community Development & EnvlrDnmental Services Admin. 10/30120048:02 AM Date Approved By Norm E. Feder, AICP Tran.portlon hrvicu Transportatfon Division Admlnfstr.tor Tr1Inaportation ServIces Admin. 11121200410:55 AM Datt!! Approved By OMB Coordinator County Manager's Office A.dmlnlstrative Assistant O"le~ or Munagement & Budget '1/3/200412:57 PM Oat. Approved By Mark luck_on County Manager's Office Budget An.'ys1 Office of Management & Budget 111412004 9:31 AM Date Approved By Mlcha~1 Stnykowakt County Munager'B. Office Managemont & Budget Director Office of Manageme-nt & Budget 1115120048:44 AM Date Approved By James V. Mudd Board of CDunty Commissioners County Mana.ger County Manager's Oftfc.e 1115120042:55 PM Agenda Item No. 8A November 16, 2004 - Page 4 of 77 Co~'" County - '-~ -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: OCTOBER 7, 2004 RE: PETITION NO: PUDA-03-AR-4227, ORANGETREE PUD COMPANION ITEM: PUDZ-03-AR-4150, ORANGE BLOSSOM RANCH OWNER/AGENT: Agent: Wayne Arnold Owner: Q. Grady Minor & Associates, P. A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bryan W. Paul P.O. Box 2357, Highway 78-A Labelle, Florida 33935 REQUESTED ACTION: To have the Collier County Planning Commission consider an application for a Planned Unit Development (PUD) to PUD rezone for the purpose of amending the Orangetree PUD to reflect that 616 acres have been rezoned to a new PUD to be known as the Orange Blossom Ranch MPUD. No other changes are proposed with this amendment. GEOGRAPHIC LOCATION: The property is located on the northeast corner of Immokalee Road (C.R. 846) and Randall Boulevard in Sections 11. 12. 13, 14, 23, and 24, Township 48S, Range 27E. (See location map on the following page. A copy of the Master Plan for the subject site follows the location map). PURPOSEIDESCRlPTION OF PROJECT: On January 27, 1986, the property owner and the Board of County Commissioners executed a "Settlement and Zoning Agreement" that included a rezoning of the property to a "PUD by Settlement" to be known as the Orangetree PUD.The total acreage of the currently approved PUD is 2,752.8 acres and will be reduced to 2,136.87 acres if the companion petition to rezone a portion (616 acres) to the Orange Blossom Ranch PUD is approved. The purpose of this petition is to amend the PUD document and master plan to reflect the new project boundaries and legal description. No other changes are proposed to the PUD that is currently approved for 2,100 dwelling units, which will result in a change to the gross density from 0.76 to 0.98 dwelling units per acre. PUDA-03-AR-4227, Orangetree PUD Agenda Item No. 8A November 16, 2004 Page 5 of 77 SURROUNDING LAND USE AND ZONING: Surrounding: North -. Developed single-family and zoned Estates (E). East - Developed single-family that is zoned Estates (E) and the proposed Orange Blossom Ranch PUD. South -Randall Boulevard and developed residential that is zoned Estates (E). West- lmmokalee Road and developed residential that is zoned Estates (E). GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated AgriculturalIRural - Settlement Area District, as identified on the Future Land Use Map in the GGAMP of the Growth Management Plan. Future Land Use Element (FLUE): The Settlement Area District allows land uses "vested" in 1986; these include 2, I 00 dwelling units and 22 acres/60,000 square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD _ residential, commercial, community uses. etc. The acreage reduction will increase the density from .76 units per acre to .98 units per acre, however the approved maximum number of dwelling units of 2, 1 00 will not change and therefore, the proposed amendment does not increase the vested number of dwelling units or commercial land uses. Based upon the above analysis, staff is of the opinion that the proposed amendment may be deemed consistent with the Rural Settlement Area District in the GGAMP. PUDA-03-AR-4227, Orangetree PUD 2 Agenda Item No. 8A November 16, 2004 Page 6 of?? Transportation Element: The Transportation Department has reviewed the applicant's application and has detennined that the proposed amendment to revise the project boundary to reflect the elimination of 616 acres will not generate any additional site-generated trips over the amount currently approved for this PUD. As a result, this petition is consistent with Policies 1.3, lA, 5.1 and 5.2 of the Transportation Element. Conservation and Open Space Element - The PUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas exceeds the Land Development Code (LDC) requirements based on the reduced PUD project area. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable detennination must be based. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment. and shall be used as the basis for a recommendation of approval or denial by the Collier County Planning Commission (CCPC) to the Board of County Commissioners (BCC). These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's Future Land Use Plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Environmental Review - Since this petition only removes 616 acres form the Orangetree PUD, the Environmental staff has recommended approval. Zoning Review - The petitioner's stated intent is only to revise the legal description and master plan to reflect the rezoning of 616 acres from the Orangetree PUD to a new PUD to be named the Orange Blossom Ranch PUD. The currently approved list of pennitted uses, development standards. and conditions of approval will remain as currently approved. Utility Infrastructure - Because no additional dwelling units are proposed with this petition, the Utilities Department has recommended approval of this petition as submitted. Public Information Meeting: The petitioner held a Public Information Meeting on November 25, 2003. at the Corkscrew Middle School as a companion item with the Orange Blossom Ranch PUD. Approximately 8 persons attended the presentation given by petitioner. Several persons expressed concern that the additional dwelling units and commercial uses proposed for the Orange Blossom Ranch project would adversely increase traffic on Oil Well Road. Other persons expressed concern for adequate water and sewer service if the Orange Blossom Ranch PUD is approved. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUDA-03- AR-4227 as otherwise described by the Ordinance of Adoption and Exhibits thereto. PUDA-03-AR4227, Orangetree PUD 3 Agenda Item No. 8A November 16, 2004 Page 7 of 77 PREPARED BY: RAY BELLOWS. CHIEF PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT. ADMINISTRA TOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD. CHAIRMAN DATE PUDA-03-AR4227, Orangetree PUD 4 Agenda Item No. 8A November 16, 2004 Page 8 of 77 REZONE FINDINGS PETITION PUDA-03-AR-4227 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 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 GMP. The subject property is designated AgriculturallRural - Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). The Settlement Area District allows land uses "vested" in 1986; these include 2,100 DUs and 22 acres/60,OOO square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD - residential, commercial, community uses, etc. - but does not identify intensity thresholds; however, the District does reference the PUD, which includes those thresholds. But. the District states: "Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above- referenced vested status." Since the District does not include development intensity thresholds, and specifically provides that more dwelling units and commercial acreage may be added beyond that which the site is "vested" for, the proposed commercial and residential uses and intensities/densities may be found consistent with the GGAMP. Based upon the Rural Settlement Area District language, it is clear that, by omission, industrial land uses are not permitted within the District. Therefore. staff is of the opinion that the Orangetree PUD document is consistent with the GMP and the GGAMP. 2. The existing land use pattern. North: Developed single-family and zoned Estates (E). East: Developed single-family that is zoned Estates (E) and the proposed Orange Blossom Ranch PUD. South: Randall Boulevard and developed residential that is zoned Estates (E). West: Immokalee Road and developed residential that is zoned Estates (E). 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The amendment to the Orangetree PUD will remain sufficient in size and located within an Settlement Area that permits the currently approved uses. Therefore, the subject petition 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 and the GGAMP. PUDA-03-AR-4227, Orangetree PUD 5 EXHIBIT "A" Agenda Item No. 8A November 16, 2004 Page 9 of 77 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the Orangetree PUD district boundaries are logically drawn and they are consistent with the FLUE ofthe GMP. 1. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed amendment is appropriate since the PUD area is being reduced as a result of the petitioner proposed rezoning of 6 I 6 acres to the Orange Blossom Ranch PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the neighboring properties due to the project's consistency with the GMP and compatibility with neighboring properties. The proposed amendment will have no significant impact on any adopted level of service standard. 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. There are no additional site generated trips associated with this petition. Evaluation of this project took into account the requirement for consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP. These are policy statements advising that this project when developed will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary. the currently approved Orangetree PUD has been reviewed for consistency with the applicable regulations and this project is required to mitigate all surface drainage generated by developmental activities as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. PUDA-03-AR4227, Orangetree PUD 6 Agenda Item No. 8A November 16, 2004 Page 10 of 77 All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed amendment only reduces the project boundaries and will not change any approved development standards within this PUD. As a result, staff is of the opinion that the proposed PUD amendment will not adversely impact 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 undeveloped properties nearby the Orangetree PUD should not be affected by the requested amendment in that the PUD provides for the required landscape buffer, and provides adequate setbacks and is consistent with the approved zoned projects in the area. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the GMP. In light of this fact the proposed PUD amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing Future Land Use Element and the GGAMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD amendment complies with the GMP and will not adversely impact the currently approved scale, density and overall intensity of land uses deemed to be acceptable by the FLUE and the GGAMP. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites that are zoned to accommodate the project. This is not the determining factor when evaluating the appropriateness of an amendment to an existing PUD zoning district.. PUDA-03-AR-4227, Orangetree PUD 7 Agenda Item No. 8A November 16, 2004 Page 11 of 77 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 area within the subject site affected by the proposed POO amendment is currently structured and consistent with the Future Land Use Element to receive such development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. PUDA-03-AR4227, Orangetree PUD 8 Agenda Item No. 8A November 16, 2004 Page 12 of 77 FINDINGS FOR PUD PUD-03-AR-4227 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. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Orangetree PUD 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. 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. The revised PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC to assure harmonious relationships between projects automatically regulates external relationships. EXHIBIT "B" PUDA-03-AR-4227, Orangetree PUD 9 Agenda Item No. 8A November 16,2004 Page 13 of 77 5. The adequacy of usable 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 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. 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. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards. and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition. this petition will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. 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. This criteria essentially requires an evaluation of the extent to which development standards proposed for this approved PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. The PUD amendment is simply to reflect the rezone ofa portion of the PUD to a new PUD. PUDA-03-AR4227, Orangetree PUD 10 <(~r- COOl'-- .0_ ON 0 z<O~ E"-"- C1l~Q) :::::C1lCl ro.c ro "Eo.. c: C1l C1l> 010 <(z - I L.?I I II ~T ~ litH III -11 1J 1=1~ II I II: II 1 11 II I II 1= II fFf -. ~ I I r::n:::r == - IT zb wQ ~ I-- ~ ~1 <nO ~ f-- 1 0 ...J I.- rrr f-- i I I r ~ I-- I I L ---j I I ! f-- ~ + Ht Ui'lD I I-- ~ ~ ~ 0.. 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I ~ i ' ~ lu ; ..8.~8 .~ :: ~ = ,J r . 1\, \.'~~ ,ill ~-:... ~ \\. !:, ':. \ II ,w '~ ~ .; oj " . r ~ I ; 'I ~t. 4~> ,Ill ~I! \} I If J,1t a !II j ~ ~h C) ~ ;'1.1. . li~ II i~ : 1.!_J.!~ =;~~5 ~" ! r.~< . i i ; I ~ ~. ~ ::) C ~ ..J .--_. -- -_.- ,---~ -- --" --...-- , ~g~ Item No. 8A PUDA-2003-A~6Milber 16, 2004 PROJECT #199902&ge 16 of 77 DATE: 6/23/03 RAY BELLOWS PETmON NAME: ORANGETREE PUD DATE: Mav 16. 2003 APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENTIDO AMENDMENT COMMUNITY DEVELOPMENT DMSION CURRENT PLANNING SERVICES 1. Name of Applicant (8) BRYAN W. PAUL Applicant's Mailing Address P.O. Box 2357. Hwv 78 - A City Labelle State Florida Zip 33935-2357 Applicant's E-Mail Address: Applicant's Telephone Number: Res: Bus.: (863) 675-4410 Fax#: (863) 675-4570 Is the applicant the owner of the subject property? 181 Yes 0 No o (a) o (b) If applicant is a land trust, 80 indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate lUId name officers and major stockholders below. 181 (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. o (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. o (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. o (1) If applicant is a contract purchaser. attach copy of col1traCt, and indicate actual owner(s) name and address below. Please see attached exhibit "'An. (If space is inadequate, attach on separate page.) 2. Name of Agent Anthonv P. Pires. Esa. Firm .Woodward. Pires & Lombardo. P.A. Agents Mailing Address 3200 TAmiAmi Trail North. Suite 200 City, NaDles State Florida Zip 34103 Agent's E-Mail Address:aDlreshDI-leaaI.com Telephone Numbers: Res.: Bus. 239-649-6555 Fax#: 239-649-7342 F:\JOB'ORANGE BLOSSOM RANCH\OT PUD AMEND'lAPPUCATION.doc fl' Agenda Item No. 8A November16,2004 Page 17 of 77 2.. Name of .Agent D. Wavne AmoId Firm O. Gradv Minor .It. A<<tY' PA Agents Mailing Address 3800 VIa Del Rev City, Bonita SDrInas State Florida Zip 34103 Agent's E-Mail Address:wamoIdOaradvmlnor.mm Telephone Numbers: Res.: Bus. 239-947-1144 Fax#: 239-947-0375 3. PUD ORDINANCE NAME AND NUMBER: Oranaetree PUD. Ordinance No. 91-4~ 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPUCATION (If space is ioadequate, attach on separate page. If request involves chmlC to more than one zoning district, include separate legal description for property involved in each district. If property is odd-sbaped, submit five (5) copies of the survey (I" to 400' scale). THE APPLICANT IS RESPONSmLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 11. 12. 13. 14. 23 .It. 24 TOWNSHIP 48 RANGE 27 Please see at:tached leaal desa1ot1on 5. Address or location of subject property, ADDI"OXirnatsIy 5 miles east c:A C.R. 951 (CDIlier Blvd.) ~':: = east c:A Immokalee Roae:!. north of Randall Blvd.. west of the Golden Gate MaIn OInal. and south _ _ _ _ Estates. 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). Yes. Please see attached boundarv and leaal c:A t:hose DrQoertles 0WJ1l!!d bY Brvan PauL et aI. 6. 7. TYPE OF AMENDMENT: 181 181 o A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WI1H THE COMPREHENSIVE PLAN: 181 Yes 0 No IfnD, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITIITN THE LAST YEAR? IF SO, IN WHOSE NAME? Yes. Growth Manaaement Plan Amendment. Brvan Paul PElTIION #: #CP2002-D4 DATE: ADrII 8. 2003 10. HAS ANY PORTION OF THE PUD BEEN 181 SOLD and/or 0 DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? 181 Yes 0 No IF YES, DESCRIBE: (ATTACH ADDmONAL SHEETS IF NECESSARY). Yes. a rezonlna aDDllaltIon for the 616 am!!!: to rezone frQm Onmaetree PlJD to Ol'l!lngt! RInc.c:nm Ranch PUD. F:\JOB\ORANGB BLOSSOM RANCH\OT POO AMBND\APPUCATION.doc AFFIDAVIT PUDA-2003-AR~~da Item No. 8A PROJECT #1999tlW')mber 16, 2004 DATE: 6/23/03 Page 18 of 77 RAY BELLOWS .' .. We, Bryan W. Paul and J.R. Paul, Jr., being first duly sworn, depose and say that we 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, and 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. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. ALL OWNERS ARE MANDATORY. ~f~ SIGNA OF WNER J. R. Pa ,Jr. SIGN OF 0 ER B~an W. Paul .......... .- ~ ~~~.:J SIGNATIJRE OF AGE T . D. Wayne Arnold SIGNATURE OF AGENT State of Florida County of J-l"J1Jre.~ The foregoing Application was acknowledged before me this J i (J +1:: Day of ~ 2003, by Bryan w: Paul and J.R. Paul, Jr., Who ~rsonallY known to me .or ~ho has ~ed As identification and who did (did not) take an oath. . IIAUC1W._ H k\, ~-.IIaIt"""" ~ .lid- __.1t... r .. ,~ )&,,~(~ i.u~ (Signature of otary blic) JJ1N~~ W .~+-aJ"" NOT AR PUBLIC State of Florida County of _ (!., II, M CECIJA K. MAR1I4 MY COUMISSlON , OD 17C338 EXPIREs: AprtI 'IT. 'JfJJ7 IIIIDdl1lnl "*-y NIa UNInItIInI The foregoing Application was acknowledged before me this 2"'~Day of ~ 2003, by D. Wayne Arnold, Who is personally known to me gr n.rlig liaE pig~~.d .~_i1 idIAtifi'Ja1ioA and who-4i4-( did not) take an oath. Cq~~ 1:.1 ~, -rY\P:kL,,:J (Signature of Notary Public) Cc.c..~ \ ~ ~ K. N.rt, t') NOTARY PUBLIC C:\TEMP\AFFIDA VIT.doc ,--~it)~k---P@ ------ - ----.-- ---~j~\\~~- . .1.1 . . ... ......._......_....... . . ..., ...... . . ..... . .. .. . ... .... .. f' . "" .... ......J...~.. ..._._a-~O.t.....-t,,~. .ID.D.. .,~. ....B2J)......._ . I . if -H---_-J~~k~e>H ~-~11:~.- ~C-~ .. ..",..- . ........~~....." . . Y:~.... ........_ .................. Agenda It~m NO.8 Novembe p' PUDA-2003-AR-4227 . ... . PROJECT #19990243 DATE: 6/23/03 .,.... .....-.. ..... .. RAY BELLOWS - ~ -_'-L..<'_'-="~,~'. ..n~__.................,....... .. :~ . , *-P'TV4.~~&~1}~ -~* ~- .~~rt . ......... ..----..~/ .~....~.AA~. ... ,,~~ 'f'e.;'.. T\S. . '.--"--.. n_......__~~ -'._H.-.~-~-t\Lc '" ... ..._ t "" ., ............ , .. ~ . "I! \" - . __no '-"..'--1'1. ,... ',n ~'..-Il.-'_:"'''-a;'... (\' '.ar . ....---..-. . ..---+. .... ...._~._-_...~U~~., ". - - -i!!_~f) €\2 ..~\Mv'ed.. --- N~~Ac,., ~~ --0~c:f- -~--~,~.s'tJ:-Si -q~ -------~-jiA~rFi~..- is~~ ~.- RPy - -~---~~TuA~~~~:~-:--_ .._--_...--- -m:-~_:~__ _ _ .-.-..-.-----..-X.~~:...-l\----- -. - ---=------~=G-1;-~:l~.L.---.,.;:K-~- -. . -....n._..~..-:t'. ,....--~.. .\.J..~S... ...._C'D-~r.~.--.\.._.~....-J -----L,-~~~-V~.------ _.__. _______ _ _ ____ .~ "'M"._.~. ......_.. ___..--+.... i :., ................ . '--'1" :'1 !I; '...'..... .__.0' ""1"' y 9.- GRADY MINOR . .- 12399470375 12/18 '02 09:50 NO.923 d02/18 . Agen a Item No. 8A . November 16', 2004 Page'20 of 77 ADD1UISS1Nfi C1l1tcrtl8T . PIaIe compJMI:S thllJIIcrfriDIlIIllAibmit to tba Mcb.-eIIiDg Section for R.meW. 1'1<<,n....... wt1I wJv tv ~ poteet. J...... in ..... tvDe are l'I!lQJdrod. 3. Stnletllddnlll or ~ (t18 ~ if i1bwI1dyl188lgMd) . 4. ~.." .... caet kx1dioa otproJectlsi1e blrelat.toll to ..-.:- pubJic rosd ~ft.way (aIttJClt.) S. Copyofrarwy (lIi~ ONLY FOR UNPLA1TBD PROPBR.11BS) 6. Pfo908ed pIOject -- (tf t1pJ1lI11t1bk) 7. Pfo908ed Btaet __<tfappl#JaIM) .- ., . . .. Site DcvelopDalit PJaa NaIlIb<< (FOR. EXISTING PR.OJ.8C1'5lSITBS ONL 'Y) 8DP - 9. ~... 'f1pe-(CoIDpleID.~ ~ ~ forcad1pctf1iou Typo) ~ SDP (Site Devo1qmmt PIa.) ~ PPL ~& Plat Review) . SDPA(SDP J\nyndmMt) '. . PSP (PPJIQd..stry' S~PI8t) SOP! (SOP JIJsubIt"llfieI dJaDge) fP (RDa1 Plat) t SIP (Site 114pro.__ Plan) 0 LLA (LotIJu.e~) . ~ SJPA (SJP ~) ~ BL (BJasdas Permit) '. SNR CS1ftltltName CbltDp) ROW (Ri&ht-of-W~ Pamit) VopAltiODlBxofic (Vog. RaDova1 Pc:zmi1I) EXP (&cavatJoD Pemdt) L8Dcl U.., Pdidml (VariaDoe. Coadit1oDal UBe, VR.SF.P (Veg. ~ &: Sife Ydl Permit) . Bolt Dock &t., ~ PUD I'CZOJK\ etc.) o Ott.-n.dbo: ~t ~ ~rY'\~nort'l~r\.~ ~eiGl.~~1'o ~~ to. Proj~ or ~ ~ proposed 1bt, or aImIcly . iD, cOndominium ~~ (if appIDble; 1ndi08&e whcIfJlGr pmposed or adsdDg). . 11. Pleuo ~ 0D0: ~ Checklist is &0 be Faxed Back D Persoually Pickocl Up 12. AppIi~.JIiDle D. W8VDe Amol4, AlCP . . rhODe 239-947-1144 ru 239-941..()31S 13. Si~ ~ Addre8siDg Cbec;klist does not CO!lititute Project andlor ~ Name IpjJrova1IDG Us lUbject ig. 1U.rd1er~ bytbe ~ SeCtion. JOR'STAFFUSE ONLY . Primary Number ti.4-1 ~ . ~ N1D11bcr ~l.f- u.u. .Address Number Lu \74-- $ . .Mcbss Nmnbcc ~~ ~ tJw.~ \ 0 ~Oi ~ ., Ur l.\-(. o~, u.~ .., . Appl'owd by 1l.VL ~ f)jD'iQ.1'Y1 Date I Z - fl- 0;;' . IlIvIRcS 3-2.1.f1 PUDA-2003-AR-4227 PROJECT #19990243 DATE: 6/23/03 RAY BELLOWS .~ ... Agenda Item No. 8A Novennber16,2004 Page 21 of 77 beIIOW8_r SUbJect: location: PreappllcatJon Meeting Room "8" PUDA-2003-AR-4227 PROJECT #19990243 DA TE: 6/23/03 RA Y BELLOWS .------ Start: End: Wed 12/18/2002 2:30 PM Wed 12/18/2002 3:30 PM (none) Meeting organizer benows_r. bedtelvon_l; seaLe; maheuron_k; 8tudenLm; wllle_d; mulleLr; eaj~SI'8gOry; ...1...r.J - -- .. - . hadleyklm . Dt,\): ~ w~ I t)GI\ S:.M r ck..r-- Recurrence: Meeting Status: Required Attendees: Optional Attend...: Wayne Arnold Is requesting to rezone 850 acres of land within the Orangetree PUD to a new PUD that Is consl8tent with a recently adoptsd Comp. Plan amendment allowing for commercial uses. ~SO~ ~ te ..",..w PuO.. I, 3~ lJ~~ ~O ~~ COM~4J1 Nope ~f'- O~~~~ ~o1' ~C?vllt~O v~ .. See- ~;f\d;",~ (-e.:tte.)"'- ~~ Ot-a..t\~t~, · f>I1oVt"'<L~ 0... pro~<ac.+ I\cl.,,","-\-;~~ ~t clo~I',.1.as . fk. his;"?, of ~,.e t).ee_ ... ~,,~ +~ ~~~~ Pup to cott<<cf Wb..& -k~ Pt.-.", (~ } Su'-~~"~ "" Go'^fOi' ;,,, r-e"Z.O"'~ ''ff(;c~t,'.", ~ pr~v; J~ ,,::- 1'vO lk<:.tJ ....l 'fet 1l42.t.\,) "~~ec:.. ~ ~.~., r. Ii\vS+ ~ C>>(tsl s 1-etl. t w :~h b-M P. - Coa~il\...i! ~:tk ~:J ~e.l:.s T l S R~v..;~ - Sc.k~dU{~ 0.. Mt.&"~ .\.,r\-k r;~~ <?-rc.Jo... ~ <:.t~r,~. Me E( s ~ f f,... ~ -t-; Me... . ~ 0 E, A c.. 0..1- ~ ~ ..f.fM::;.. . D (2. (- Quct.ot"~M ~t\cerniP\j o.~~...{,,<W\ ~f be~ f'~j4e~~. Uti\\{;~S- ~~ ~~i fQ.L.'(.~" - Provi~ ~Q...'bj~ ~,.p-/;~f\ D" se.~v~ o."d *-~r<... c"ut\1-y. Se.l'Vit.e.. / . 1 l"'1 . ,t...#, , ; ThiI iMt.rwnent Pl'Ilpared by and to be returned to: M. David Alexander, Eaq. . PETERSON I; MYERS, P.A. Poat 01Iice Drawer 7608 Wiater Haven, FloridA 38883-7608 Agenda Item No. 8A November 16, 2004 . 2861880 O~: 2S9'F1t;:of2061 DCOIDD 11 OlnCIU DCOIDJ of caUDa conn IL 0'/25/Z'01 It 'I:Z1P1 DIIGI!... 'IOCI, CLlII ' COl. 153..... lie lJJ IS.00 BOe-.f' 107." Parcel ID # 00209961500 00210042007 Grantee Tax ID #: 65-0412645 lebl: . DUD WlADII P 0 DUm 75" . IImlllm n 33113 7&1. WARRANTY DEED THIS INDENTURE, . (The terma -gr:cmwr" and -~- hereiu .hall be conatrued to include all genders ai1d ainruJar or plural u the context indicates.) Made as of the ~ day of ~ " .2001, between J.R. PAUL, .J~, 'a ~ried man, whose address is Post Office Box 301, LaBelle. Florida 33935, gran.tor, and THE BRYAN W. 'PAUL FAMILY LIMITED PARTNERSIDP, a Flori4a limited liability partnership, whoSe post office address is Post Office Box 2357, LaBelle, Florida 33935, grantee. WITNESSETH: That said grantor, for and in consideration of the sum of Ten and No/100 .Dollars, and other good and valuable considerations to said gran,tor in hand paid by said gran.tee, the receipt whereof is hereby' acknowledged, has granted, bargained, and sold to the said gran.tee, and grantee's heirs, successors, and assigns forever, the following described land, situate, lying and. being in Collier County, Florida, to-wit: An undivided 19.63% inter.est in and to that certain real pI:operty as more particularly described on EXHIBIT "A" attached hereto ~d made part hereof . SEE EXHmIT "A" ATTACHED HERETO This conveyan~e is made subject to: , $1.5"0 l. rtb.~f' i,07,Sb 1. Taxes for 2001, and all subsequent years. 2. All easements, reservations, restrictions, and limitations of record. S.. Mortgage in favor of The Travelers Insurance Company, dated November 10, 2000, and recorded December 1, 2000, in OR Book 2749, Page 1628, public records of Collier County, Florida, which Mortgage Grantee is not assuming or agreeing to pay. PUDA-2003-AR-4227 . PROJECT #19990243 DATE: 6/23/03 RAY BELLOWS r, Agenda Item No. 8A November 16, 2004 OR: 289f1G:3 ~iG2 * Title to the property described in this deed was not examined in connection with this conveyance. N either' -Grantor nor Grantee requested or received any assurance or opinion of the title to the property. Thi,s property is not now, ~or has it .ever been, the homestead property of the. Grantor. . . Gran.tor does hereby fully warrant the title to said land, and will defend the same against the lawful ~s of all persons ~homeoever. IN WITNESS WHEREOF, gron.tor has hereUnto set gran.tor', hand &lid seal the day and year first. abov~ written. . Signed, sealed, and delivered in our presence: ~;t:Re~. ~cr4Al~.. iOu~. :;E.M!J& Name: ~ '. ~ . 4 t1./!/1 J.R~A~, JI( . STATE OF FLORIDA COtJNTy~F' fOLK . . The foregohlg was acknowledged before me this -J1f! day of ~ 2001, by J.R. PAUL, JR., who is personally known ~ me, or wha produced his current drivers' license as identification. .. . DENISE M. 8B.BY ION , cc .... . EXPIIlES:AuauIllll,2llllIl 1IIIIIM11IN..... ,... \lnllINIIIIlI IJPAl J ~L -f)'1 . Name: Notary Public .My My commission expires: F:'JiO~lI\Detda\Plu1Propertiu. WD..doc . . - ..~. . l Agenda Item No. 8A . November 16,2004 **t OR: 289f'G:4~063 *** EXHIBIT" 11 " . - ~ I 1 Description of part of Section 13 and 14, Township 48 South, Range 27 East Collier County, Florida (for Citrus Grove Partners) (Reservoir 2B-R) .Oescription of part o~ Section 13 and 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: , , . Commencing at the southeast corner of said Section.13; thence along the southeast 1/4 line of said Section 13 and the centerline of State Road S-858 (Oil Well Road) 'North 88051'25" West 2.02 feet; thence leaving 'said centerline North 01008'35" East 50.00'feet; thence. along the North right-of-way line of said State Road .S-858 North 88051'25" West 2677.99 feet; thence continue along said rig-ht- of-way.line North 88005'55" West 1201.57'feet;. thence leaving said right-of-way lin.e North 01049'15" East 2353 feet to the POINT OF BEGINNING'of.the parcel herein described: thence North' 88008'24". West 1464.17 feet to the East line of said Section 14; thence continue ~orth 88008'24" West 1018.25 feet; 't;hence North 01049'15" East 1427.53 feet to the South line of ~ 150 foot canal maintenance easement as recorded in O.R. Book 1322, page 1903, Collier County, Public Reoords, Collier County, as amended; thence along said line North 76~51'16" East 1063.40 feet to the East line of said Section 14; thence continue North 7605~'16" East ~52.42 feet; thence South 88008' 24" East 1018;02 feet; thence South OP 49'15" West 1820.00 feet to the Pbint'of Beginning-Of the parcel herein described. Containing ~ acres more or less. Q. GRADY MINOR & ASSOCIATES, P.A. Civil EnKineers · Land Surveyors · Planners Agenda Item No. 8A November 16, 2004 Page 25 of 77 Q. GRADY MINOR. P.E. MARl< W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMm,p.E. MICHAEL J. DELATE. P.E. NORMAN J. TREBILCOCK, A.I.C.P., P.E. MATTIiEW J. HERMANSON, P.E. D. WAYNEARNOLD,A.I.C.P. ROBERT "BOB" THINNES, A.l.C.P. STEVE BURGESS. P.5.M. MICHAEL L. HARMON, P.5.M. ALAN V. ROSEMAN May 23, 2003 Mr. Ray Bellows, Principal Planner Collier County Community Development 2800 North Horseshoe Drive Naples, FL 34104 PUDA-2003-AR-4227 PROJECT #19990243 DATE: 6/23/03 RAY BELLOWS RE: PUD Amendment Application; Orangetree pun. Dear Mr. Bellows: Enclosed, please find the application fee and 24 copies of the required information supporting the subject PUD amendment. This material is being submitted as a companion item to the Orange Blossom Ranch PUD application (PUDZ-AR-4150). The amended Orangetree PUD application includes the strikethrough and underline version of the PUD document to reflect the removal of approximately 616 acres from the AG designated lands of the PUD. The Conceptual Master Plan has been revised to reflect the amended pun boundary, as well as, identification of new SP (School/Park) designation on those lands owned by the Collier County Public Schools. Again, I would remind you and other staff reviewers that this application is filed in behalf of the Paul family, and is not associated with pending amendments filed by Orangetree Associates or the Collier County Public Schools. Please contact either Tony Pires at 649-6555 or me if you have any questions. Sincerely, r......;........- ~. "" -~..:.'. ---) -~ c:.:.-~ D. Wayne Arnold cc: Bryan Paul Tony Pires (239) 947-1144' FAX (239) 947-0375. E-Mail: engineering@gradyminor.conR E eEl V E 0 3800 Via Del Rey . Bonita Springs, Florida 34134 1o\;:\'y ~ . . ~ ,\ J~'\fr'~ '9PPUD F:\JOB\ORANGE BLOSSOM RANCH\OT PUD AMEND\RB30S23L.doc Q. GRADY MINOR & ASSOCIATES, P.A. _ Civi!~ . Land SunreyOfS . Planners Agenda Item No. 8A Novernber16,2004 Page 26 of 77 Q. GRADY MINOR, P.B. MARK W. Mn-lOR, P.Eo _ C. DEAN 5MI'IH. P.Eo DAVID W. SCHMI1T,P.B. MIOIAEL]. DELA'm P.B. NORMAN ]. TREBILCCX:J<. ALa.. P.B. MATIHEW]. HERMANSON, P.E. Mr. Raymond Bellows, Principal Planner Collier County Planning Services Department 2800 North Horseshoe Drive Naples, F1 34104 May 7, 2003 D. WAYNEARNOID,A.LCP. ROBERT -BOB" nIINNliS, A.LCP. ERIC V. SANDOVAL. PAM. STEPHEN V. BURGESS, PAM. MICHAEL L HARMON, PAM. ALANV. ROSEMAN PUDA-2003-AR-4227 PROJECT #19990243 DATE: 6/23/03 RAY BELLOWS Re: Orange Blossom Ranch PUD; Application for PUD Rezone Dear Mr. Bellows: Enclosed, please find twenty-four copies of the proposed Orange Blossom Ranch PUD rezone application package. As we have previously discussed, it is the intent of the property owner, Bryan Paul, to rezone approximately 616 acres oflands from PUD to PUD. The subject property is currently located within the Orangetree PUD and this application proposes to remove the property in this application from the existing Orangetree PUD imd rezone the 616 acres to a new zoning designation to be known as the Orange Blossom Ranch PUD. The Orange Blossom-Ranch PUD is proposed as a mixed-use development which will consist of 1,200 residential dwelling units, ] 50,000 square feet of commercial and office development, and a 90:t "acre community facility designated site. Access to the PUD will be from Oil Well Road (C.R 858). We have provided a strikethrough and underline copy of the Orangetree PUD document, which reflects the reduction in lands designated as Agriculture in the Land Use Summary Table 1 to recognize the removal of this acreage from the Orangetree PUD. We have previously discussed this proposed rezoning with the Golden Gate Area Master Plan Re-Study Committee and the Golden Gate Estates Civic Association. We will continue to work closely with these and other interested parties throughout the rezoning process. Please contact either Anthony P. Pires at 649-6555 or me if you have any questions concerning this rezoning application. Sincerely, D.~~~ . ..D. Wayne Arnold, AICP cc: BI')'8I1 Paul Anthony Pires Reed larvi File (239) 947-1144 . FAX (239) 947-0375 . E-Mail: engineerinB@gradyminor.com 3800 Via Del Rey. Bonita Springs, Florida 34]34-7569 . EBILB 0005]51 F:\10B\ORANOE BLOSSOM RANCH\PUD\RB30S07L.doc: . Q.GRADY.MINOR & ASSOCIATI!S, PA OVil Engineers · Land SurveyOrS · Planners Agenda Item No. 8A November 16,2004 '. Page 27 of 77 Q. GRAD't MINOR. P.E. MAlIC w. MINOR. P.E. CDBAN~PA DA VlD W. SCHM1'IT, P A MlQlABLJ. DE~ PA NORMAN 1. 'I'REBJI..COCK, A.Lc.r.. P.E. MAmIEW J. HBRI4ANSON.P.E- '!'HENCE RUN NORTH 00-29'30" WEST FOR A DISTANCE OF 1,427.55 FEET '1'0 A POINT ON THE SOUTHERLY LINE OF A 150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 74-32'31" FAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 1,063.68 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE CONTINUE NORTH 74-32'31" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 451.69 FEET; THENCE RUN NORTH 89-33104" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 1,018.10 FEET TO THE POINTOFBEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 97.113 ACRES, MORE OR LESS. D. WAYNBARNOID, AJ.C.P. RDBBIlT "'lK>B nDNNJlS,AJ.C.P. BIUC V. SANDOVAl" PBX STBVB BtJRGJIlS, PAM. MIalALB L HARMON, PS.M. ALAN V. RaDlMAN. TOGETHER wrm PARCELm COMMENCE AT THE HEREINABOVE DESCRIBED POINT"A", THENCE RUN SOUTH 00-24' 57'" EAST FOR A ..DISTJUfCE OF 50.01 .FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OIL WELL ROAD . (C.R. 858), THE SAME BEING A POINT ON THE WEST LINE OF NORTH GOLDEN GATE CANAL, (A 80 FOOT WIDE RIGHT O.F WAY) AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED THENCE RUN SOUTH 00.29'18" FAST, ALONG SAID 'RSTLINE FOR A DISTANCE OF 920.94 FEET TO A POINT ON THE FAST LINE OF SECTION 24, TOWNSHIP 48 SOUTH, MNGE 27 EAST, COLLIER COUNTY, FLORI~;THENCE CONTINUE SOUTH 00-29'18" EAST, ALONG SAID WEST LINE, FOR A DISTANCE OF 1,819.06 FEET; THENCE RUN SOUTH 119-30'46" WEST FOR A DISTANCE OF 4.33 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24; THENCE CONTINUE SOUTH '89-30'46" WEST FOR A DISTANCE OF 395.66 FEET;; THENCE RUN NORTH 58-31'29" WEST FOR A DISTANCE OF 1,010.00 FEET; THENCE RUN NORTH 88-17'01" WEST FOR A DISTANCE OF 645.91 FEET; THENCE RUN SOUTH 81-45'31" WEST FOR A DISTJUfCE OF 230.00 FEET; THENCE RUN NORTH 47-05'10" WEST FOR A DISTANCE OF 686.83 FEET; THENCE RUN NORTH 31-29'29" WEST FOR A DISTANCE OF 300.00 FEET; THENCE RUN NORTH 50-28'29" WEST FOR A DISTANCE OF 630.00 FEET; THENCE RUN NORTH 39-58 ~29" WEST !'OR A DISTANCE OF 255. 00 FEET; THENCE RUN NORTH 00-24 '25" WEST FOR A DISTANCE OF 850.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE or OIL WELL ROAD (C.R.8S8); THENCE RUN NORTH 89-35'36" EAST, .ALONG SAID SOUTH RIGHT OF WAY LINE, FOR A DISTANCE OF 749.99 FEET; THENCE RUN NORTH 8S-S0'07" EAST, .ALONG SAID SOUTH RIGHT or WAY LINE, FOR A DISTANCE OF 2,677.38 FEET .TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HER!:IN DESCRIBED, CONTAINING 162.431 ACRES, MORE OR LESS. OVERALL PARCEL CONTAINS 615.931 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT 4-1A-o"} SIGNED J (J tMrl/.~~,--f ERIC V. SANDCl'VAL TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD. ,P.S.M. #5223 STATE OFFLORIbA (239) 947-1144. FAX (239) 947-0375 - E-Mail: engineer.ing@grad.yminor.com 3800 Via Del Rey · Bonita Springs, FlortcL. 34134-7569 · BB{LIJ 0005151 O:.....'LBOALSIBRYAN PAtlL\B..2309. SHEET 2 OF 4 lob CocIe BPS . ' :. I.! ,.. .. .. ., . . . . . . Tbit inatrumltat prepared by ur:.d to be returned to: M. David Altuncler. Eaq. PETERSON I: MYERS. P.A- Polt Otlice Drawer 7608 Wanter Haven, Florida 33883.7608 Agenda Item No. 8A 2860012 OR~o_~r;t?~64 DCOOID .11 Gillem ucaaos of COLUII eoam, n .J/2./2011 It 12:17P1'DfIGIf, I. IIDCI ClIlI , , COil 311'000.00 IIC 111 2'.51 DOC-.7' 23'12.00 ,.. .., Parcel ID # 00209961005 (cut-out) 00209920004 (cut-out) 00209961102 Grantee Tax ID #: 261-88-8485 leU:! DAYID 1LIWDII P!flllal i mu , O. DUDa 760. nftn BAVlIlL 33113 WARRANTY DEED THIS INDENTURE, (The terma ",ron,tor" and "grtJ1IIa", herein shall be conatrued to include all genders and singular or plural aa the context indicates.) . , ~ ' . . Made as of the Lday of .5" Df. . 2001, between CITRUS GROVE PARTNERS,' a Florida general partnership, whose address is Post Office Box 2357, t,aBelle, Florida', 33935, grantor, and BRYAN W. fAUL, a single man, whose post office address is Post OffiCe Box 2357, LaBelle, Florida 33935,gran.tee. ' ' 'WITNESSETH: That said grantor, for anlf in consideration of the sum of Ten and No/lOO Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee,' and grantee's heirs, successors, and assigns forever, the following described land, s.ituate, lying and being'in Collier County, Florida, to.wit: SEE EXHIBIT "A" ATTACHED HERETO - ("' , I)r-.. ,,it . 11-'-" r" t. ;', i.\ : . , l' (..-"'J -) . .~ f iv) TOGETHER WITH, all of grantor's rights, title and privileges granted by virtue of: . i) Ingress and Egress Easement dated January 5, 1988, and recorded in OR Book 1322, Page 1891,a8 modified by instrument recorded in OR Book 1409, Page 439, public records of Collier County, Florida. ' . . Easement Agreement dated January 5, 1988, and recorded in' OR Book 1322, Page 1897, as amended by instrument recorded in OR Book 1433. Page 537, public records of Collier County, Florida. ill) Easement Agreement dated Apnl 7, 1989, and recorded in OR Book 1433, Page 509, public records of Collier County, Florida. The irrigation system, including all pumps and motors on the Exhibit "A It property . The 2001.2002 citrus fruit crop. ii) v) PUDA-2003-AR-4227 PROJECT #19990243 DATE: 6/23/03 RAY BELLOWS j . . , Agenda Item No. 8A. OR ~x~~ber16, 2004 :,~~~a~~U65 This conveyance is made subject to: 1. Taxes for 2001, and all subsequent years. 2. All easements, reservations, restrictions, and limitations of record. .3. Mortgage in favor of The Travelers Insurance Company, d.ted November 10, 2000, and recorded December 1, 2000, in OR Book. 2749, .Page. 1628, public records of Collier County, Florida, for which Mortgage Grantee is already responsible under the terms of the Promissory Note secured thereby. . Title to the property described in this deed was not examined in connection with this conveyance. Neither Grantor nor Grantee . requested or received any assurance or opinion of the title to the' property. This property is not now, nor has it ever been, the homestead property of the Grantor. Grantor does hereby fully warrant the title to said land. and will defend the same against the lawful claims.of all persons whomsoever. .IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and .!leal the day and year first above written. Signed, sealed, and delivered in our presence: By: .~~ . . / Name: . ~ / E . VI. /!1f~~~ By: ~Af/j J.R. PA , JR. I as gene . 1 partner , Agenda It~m .No. 8A OR: mS~~~6oiij6 STATE OF FLORIDA COUNTY OF PD LK.. . . The foregoing was acknowledged before me this "..11..!!day of .t{,/) -I. 2001, by BRYAN W. PAUL as general partner of CITRUS GROVE PARTNER~a general partnership, on behalf of the partnership, who is personally known to me, or who produced his current dr;ivers' license as identification. (SEAL) iJlAu:' _ 11/. ~ Name: . Notary Public STATE OF FLORIDA COUNTY OF PotK.. . The foregoing was acknowledged before me this 1l.!:!day of $tJpf.. 2001, by J. R. PAUL, JR.. as general partner of CITRUS GROVE PARTNERS, a Florida general partnership, on behalf of the partnership, who is personally known to me, or who produced his . ,. . tification. . DENISE AI. 8B.8Y . LU'~' cc 8448lI4 : ~AuguIt 11,2003 IlIMM TIn NIIIIIr NIl UIllIIIMlln ~tYl.~ Name: . Notary Public My commission expires: F:\HOME\aIa\DHda\PaulPropertie.. WD..doc .. . - Agenda Item No. 8A OR: ~~9'f6 ~61' !061 EXHIBIT "-11-" 'OESCRIPnO,N OF PART OF SECTION .13, TowNSHIP 4B SOUTH, RANGE 27 EAST, COWER COUNTY, FlORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; . . COMMENCING AT lHE SOUTHEAST CORNER OF SAID SECTION 13; lHENCE ALONG THE S. . UNE Of THE SOU11-lEASr 1/4' OF' SAID SECTIO~ 13 AND THE CENTERUNE Of STATE ROAD S-85B(OIL' WELL ROAD) NORl}/ 8S'Sl '25- WEST 2.02 FEET; THENCE LEAVING SAID CENTERUNE NORTH 01'08'35- EAST 50.00 . FEET TO lliE . POINT OF BEGINNING Of lHE PARCEL H~REJN DESCRIBED; THENCE ALONG .Iri~ NORTH - 'RIGHT-OF-WAY UNE. OF SAID STATE ROAD $~8S8 NORTH 88'51'25- WEST 2677.99 FEET; lHENCECONTINUE ALONG SAID RIGHT-Of-WAY UNt NORTH 88' . 05'56- WEST' 1051.57 FEET; THENCE LEAVING SAID RIGHT-OF-WAY'UNE .NOR1H . 01....9'15.. EAST 4173.91 FEET TO THE SOU1H UNE OF A 150 FOOT'MDE CANAL MAINTENANCE ESEMENT; THENCE. ALONG SAID SOUTI-I UN( SOUTH 88'08'24" EAST 3729.37 FEET TO THE M:ST tINE OF lHE' NORlH GOlDEN GATE CANAL; TI-fENCE ALONG SAiD. WEST UNE SOUTH 01'49'15" WEST 4141.1S FEET TO THE . POINT OF.' BEGINNING OF THE PARCEL HEREIN DESCRIBED. BEARJNGS ARE BASED ON THE. SOUTH UNE OF THE SE 1/4 OF SEC 1'3-48-27 BEING N 88' Sl '2S" W. ANI> AND Agenda Item No. 8A OR: ~'Wg~~PGf2 m8 EXHIBIT ".iL" (continued) .OE$CR(P'OON Of PAAT OF SECTIONS 12 AlID1J. TO'Wt4SHIP 48 SOUTH, RANGE 27 EAST. ~. PART cr SECllOH 7 mD 18. TOYrN5HfP ~B SOlffl'i, RANGE 28 . . EAST. ~tIt. ~TY. FtORlDA . AlL ~t p';J!J :()f ~. 12 ~ f~, T~9/:I1P ~ SQJ~. '.fWi~ ZJ .: ."tAST ~d'ARi. CF SEQCJV 7 ANCll8. lOYtNSHtP.., SOUlli, RANGE 28' 'EAST, COWER COUNl-Y,fLaR1DA. '8EW<t _ PAA-ncVLARLY- grSCR18Eff"AS . 'FQiQWSr '. . ct;>MUENClNG .AT THE ~ cbRNE:R ~. ~ SECllON t4; ~NCE . ALONCi THE N~1'H UH[ Of SAI~ se:CiJON 14.SClITH 88"1D'~. EAST 5a.01 FEET TO tHE EAST RlGl-n' OF WltY ~ Of S-Mf (IWNOKAlEE iOAO~ 1HE1tCE ALONG" SAIl' RIGtfT IX .WAY I:INE HOR-lH 01.53'16" EAST.' 269.20 FEET TO lH[. SOO'ffl LINE ~ .GOlOtN GAlE EstAiES. UNIT 5~, ACC0R61HG TO THE PLAT '1HER€Dt ASREcaAoEo IN P.B. 7, PAGE ~1. PUBliC RECORDS ~ COWER COI)NTY. FlPRIDA+ THENCE ALONG SAID SOUTH UNE SOUTJol 88-08'2-4- EAST, 5294.2-4 F!ET TO'M EAST UNE Of SAIO SECnOO 11; THENCE AL.oNG THE' SOUTH UNE Of SAID UNIT 59 AND Tl1E SOUTH UNf OF GOLDEN GATE ESTATES UHrT 60 ACCO~DING TO THE PLAT THEREOf AS RECORDED IN P.B. 7, PAGE 62. PU8UC RECORDS OF COLLIER COUNTY, FlORIOA SOUTH 88"08'2-4- EAST, 3169.88 FEET TaTHE POINT Of BEGINNING OF THE PARCEL HEREIN DESCRIBED; TH~CE CONlfNUE ALa-<<; SAID SOUTH UHE SOOTH 88"08'24" EAS1, 2156.4-9 FEET TO THE EAST LINE Of SAID .SECTrON 12; 'tHENCE COOTINUE ALONe n-lE SOOn-! UNE or SAID UNIT 60 SOUlli .BS-OB'2'- EAST, 1.65 fEET TO 'THE YwEST . LmE. OF NORTH GOLDEN GATE CANAL .RlGHT OF WAY; tHENCE ALONG' SAID YrtST CANAL JaQHT Of WAY LINE 5.OIJ1li 0.1"" 49'tS- YttST. 262.5f FEET T<> THE SQJlW'LINE' .or SAJO SECnON 7, lHENa: CONTINUE Al.~G SNO .v.f:ST CAHAl 'll,Giir CF WAY uHE SOOTH .01.~9f15 lIltST. 952.-49 re:n; lWENCt N~'Qi 8B.,~~~;l- VttST. 0.72 fiEf ro .1H(~Sf-..t.JNE. Of .SAID seC'noN' .13; HNCE NOiirni 88~2~" 0. ti~25 .mT.; THeNcE NarIH' D1~51'~". E;AS:T. . . t~ 4.99 fEET 'TO 'tHE ~'''Qf: .~~G. (F. lMf: P.AR.CEt.. HER~ .~: SU9;,fCT TO EASEMEN'TS AND. RESlmCJ10NS :or 'RECORD: . COHTJJNlNC 'SCU.1 . ACRES Of UJIOMOf.E OR ~. . -.;,' - . ' . . . Agenda Item No. 8A ttt OR: ~8~tG\63In ttt ,.,-" EXHIBIT "A-II (continued) ART Of' SECTION 12 AND 13, 'TOWNSHI~' ...a SOUTH, RANGE 27 EAST, COWER NTY, FLORIDA, BEING MORE P AATICULARL Y DESCRIBED AS fOLlOYrS; COM NClN~ AT THE NORTHVttST CORNER Of' SAID SECilON 14; THENCE ALONG E NORTH UNE' (f" SAID SECTION 1 4, SOUTH 88'10'~- EAST 50.01 FIET ro E EAST RIGHT Of WAY UNE Of 5-846 (IMMOKALEE ROAD); 1HE-NCE ALONG' SAID IOtiT OF WAY UNE NORTH 01.53'16- EAST, 269.20 FEET TO 1HE . . SouTH UNf Ga..DEH' GATE ESTATt:S, UNlT '59, ACCi'R>ING TO THE PLAT lJiEREOf AS R E.O IN p.e.. 7,PA.~ 61, PUBUC RE~bs OF' COWER , COONTY, nORlDA; :THENCE AtONe: sAiD SOUTH UNE SOIJTH 88"08'2.- EAST. J151.50 FEET ;. TH . CONTINUE AL.ONG SAID SOJlH' UNEU UNIT 59 SOUTH 88"a~2~.'.EASi, 21<4' ~ .fEn TOJliE EA$.T u~ .OF. SAJ.O StCliON 11;' lHENCE .ALONC lHE 5 UNE (J' sAID UNIT ,59 AND lHE SOUTH UNE Of oa.DEN GA~ .EST A lE5 r so Aq;plwJNo"m !liE Pt.A T lHEREOf AS RECORDED IN P.S. 7, PAGE t PUBLiC RrcORDs Of COWER COUNty, flORIDA SOOTH 88008'2"- .EAST, 2600. ~ 00', TO 1HE .POINT Of SEQHNING Of'. THE PARCEL HER.EIN'DE~IBED:'-:rf( ot CON1tHUE SOUTH 88.08~4- [AST, 569.74 rn:T~ THtHCE SOUTH 01,,'01'36- .T, 1214.99 FEET; THENCE NORlH 88008'2"- M:ST, 96,25 FEET: THEtiCE NoRTH 051 '36" EAST. . 450.00 FEET; .tHENCE NORTH SB-08'24. \t[ST. 473."9 rn:T; lHENCE NORTH 0;"51'36" EAST, 764.99 , FEET TO THE POINT Of' BEGINNING OF E PARCEL HtREIN' OESCRlBED: . SUS..E:CT TO EASEMENTS AND RESTRICTt or RECORD; CONTAlNINO 11.00 ACRE;S OF' LAND, MORE OR LESS. ' . I ! I . . to\'\V~eJ 1-0 J""R. "POlul T ~ OR. r:Lqr3 P O~ 31 ' ~, ..... ;;( ~ tift' .::; .' l~~~. . . w,.n, P.A. ,,' ~_'1- ' . . . 8&_'1. Il1I8I-'1II08 ..1(.' , .~~'~~~.1 ID 'OO21066010~ " Qnllt.. ID No.: 261-88-8485 .sr:ru 26~r'l9J OR: 2718 PG: .3473 Agenda Item No. 8A .:>>&' IIeOUltla IrrlW~ uu. .f CO~[Jl CDmT,lL November 16 2004 - 1I/I1/JIII It lI:ml KIm .. 'Ioa, cwr Page 34 of 77 cor, z........ . ,ue rll 1'.5' DOt'. JI J....N fJj,.4JC ~ fc.,ru,!3 . . BY THIS INSTRUMENT between THOMAS C. SHmLEY, as Trustee of the LOYD CLEVELAND SHIRLEY TESTAMENTARY TRUST under Wll..L DAfED February 24, 1989, as Grantor (hereinafter called First Party), in consideration of$IO.OO paid by BRYAN W. PAUL, whose post office address is Post Office Box 2357, LabeUe., Florida 33975-2357, as Grantee herein (hereinafter called Second Party), conveys to Second Party and Second Party's heirs, successors or assignees, the following real property in Comer County, Plorida: '. " , l.ta: TRUSTEE'S DEED :~I:IJ:.~IU nnll 11m n 31m JUI SEE EXHIBIT "A" A ITACHED HERETO AND MADE A PART HEREOF' TOGETHER WITH all rislU. title and interest of the First Party, if any, in and. to all personal property located on !he subject real propUty, includin,b1:lt Dot limited to all wen.. pumps, motors, and mgation equipment l~ted thereon. ' TOGETHER. WITH all the tcaements, hereditaments and appurt~ces thereto belonging or in anywise appertaining. ' First Party covenants with Second Party that (1) First Party has good right and lawful authority to Innsfer and convey the property, and (2) First Part)' warrants the title to the property for any acts of First Party and will defend the title against the lawful claims of all persons claiming by. through or under First Party. and (3) the property is free from all cncumbrinces.made by First Party. Jj the presence of: 'U;JJ... - .:r-~ .&.At~ . Witn s 1 ., Type or Print Name: MARGARET C.' DeMASXEY i Lw. -::-:? J-\.). xttt . Witness 2 ' -- Type or Print Name: VICKIE R. GARRETT (The terms "Oramor", "Grantee", "First party'. and "Second Party" shall include the sinsulu, plural and all senders, and their heirs, successors and usigns.) EXECUTED this~d'ay, of ~ u.oX.:.. . 2000. . 1~ t.tf~ (SEAL) THo C. SHIRLEY, as Trust e aforesaid . ?OS us H1lhvay 27 Horch wke Placid, FL 33852 STATE OF FLORIDA . .COUNTY OF HIGHLANDS The foregoing instnlment was acknowledged before me this ~d.y om It ^ - 2000, by THOMAS C. SIIIRLEY, IS _.. ~d. who is pcnonalJy ~~ or who produced N \ \0" (1.0.) . ~ ~ ""17:: . . . l"lv. . >l\l This Ins1tument Was Prepared By: Notal)' Public JAMES E. TOMPI(DIIS, Esq. My Commission Expita: DAVIS AND tOMPKINS, PA Pasl Office Box 691, LaIcc Placid, FL 33862 RaitT}:;;} f r.= fNiP:.nER PUDA-2003-AR-4227 PROJECT #19990243 DATE: 6/23/03 RAY BELLOWS . Agenda Item No. 8A . - November 16, 2004 ,it OR: 2718afG~ ~414 ttt .. e . Exhibit A Ir ". All that pact of Sect/9n 24, Tow(1shlp 4a Sovth, Range 27 Eut, Collier County, Florida, described as': Commencing at the Northwest corner of .Secl/on 24, Township 48 South. Range 27 East; thence' along, the' North line of Sectlon 24, 'South 880 05'56" Eest, 1928.19 feet; thence leaving said North line South 010 54'04" West, 50.PO feet to the South right-of-way line of C:Ft 05.8 (Oil Well Road); thence along said South rIght-of-way line - South BOO 05'56" Ea~t, 750.00 feet; thence continuing along said South right-:af-way line .' South 88G 51"'?S" East, 892.48 feet to the Point of Beginning of the parcel hereIn desoribed; thence .contlnue along said South r1ght-of-v.:ay line Soutll BSD 51 '25" East, 967.00 feet; .thence lea~ln9 said South right-or-way lIne South 010 49'15" West~ 2469~50 feet; thence North 560 13'OO":West. 51-7.43. feet; thence North 85D 58'32" West, 528.34 feet; thence . North 010 49'15" East, 2163.91)eet to said South right-at-way Une of Oil Well Road and the Point 'of Beginning of the parcel herein described; being a part of Section 24. .Townshlp 48 South, Range 27 East,. CC?/Iler- County; Florida. . . , . ~:f r. .... ~ . .. . .if.\~: .~;~r:. ,~.:~~ , ....~......~ ..:...._~~ . ;;t.:":'.':i.~/ ,: // . . .,/ .' .'1 ; \' THIS lNSTRUMENT PREPARED BY: w. ROY 'WILKES, Attorney at Law P. O. Box 1590 . Lake Placid, Florida 33852 Florida Bar No: 0608475 TE:. 813-699-2222 II. ~. . AJ;IJ~ Ite.J. Nq. 8A ~er'~'6, 2004 Page 36 of 77 PROPERTY APPRAISER'S PARCEL I.D NO: '24-48-27/210650004 1946334 OR: 2068 PG: 0706 UCOlDlD iD o'lIeIlL-ncoms of COLLIII COBlTY, n '6/12/!5 It 01:56PM DVICI'_J. BIOCl, CLIRl . COIS !OOOO.OO RJC PII 15.00 'DOC-.7D m.DO SEE ATTACHED EXHIBIT "A" SUBJECT to 1994 taxes, restrictions, reserVations and easements of record, if any. And the said parties of the first part do hereby fltlly. warrant the. title to said land, and . will defend th~ same against the lawful claims of all persons whomsoever, except that this . conveyance is subject to current taxeS, easements, restrictions and/or conditions of record. ...,,,,,"..._t"'Iil"'I~'II:'" ~,.. ~_""",,","",'h._,,,';~~""" PUDA-2003-AR-4227 PROJECT #19990243 DATE: 6/23/03 RAY BELLOWS ., e - .... Agenda Item No. 8A November 16, 2004 Page 37 of 77 , IN WITNESS WHEREOF, the said parties of the first part have hereunto set their-handS and seals the day and year first above written. . Signed, s~ed and delivered in the presence. of: ' OR: 2068 PG: 0707 DR Y AN PAUL AND TOM SHIRLEY. GROYES, a F10rida general Partnership , a GeD~1 Partner and .~.~...~ . . . Roy Wilkes . ~&~j ;/ /, ,~~~.. , Crucita Rodriguez, ' THOMAS C. SHIRLEY, a General Partn and IndividuaUy r' STATE OF FLORIDA COUNTY OF IDGHLANDS I HEREBY CERTIFY that on this day perSonally appeared before me. an officer duly authorized to administer oaths and take acknowledgements, BRYAN W. PAUL and mOMAS SHIRLEY, as General Partners of BRyAN PAUL AND TOM SHIRLEY GROYES, a . Florida general partnership, on behair of the partnership, and individually f.:-rj)ersonalJy , known to me or ( ) who has produ~ a driver's license and ( ) did ( ) did not .take an oath. :5,r w~ my hand and offici81 seal at Lake :placid, Florida, said County and State thiS' ,~dayof r.v--;1994. " '. . ..' .l"~. '~\ CRuelrA RODRJCUEZ .1I:l!41l" Public. Sl.~ Of FlclI;j~ My rOIlID. cxpfru Dec. 10. \91S COIDID. No. CC1S3S". ~c 'My Commission Expires: (NOT ARlAL SEAL) .,: ...... - . ~~ : .'. · '):, e"::::",:,,,~'::~.::'~:':::...;'~i:.t:,~~,~~:~'~'.4.::.::4::,;'e:'\;:J'~~'i~:c.4"9.M;~teJr..N~~':-L;:.~rM~: ,:1; . .. . .'. .... .N~ertll '~I~"~~ . . . . .' , . .. ' ' . 'p '\,., . 38' "L 77" .... . , c. .' . 6;:,e 01.' .':: : . '.:.' ttt. PR: 206t' PG: 0708. ,t*{. . . ~,~:'.'.. ':'. '. . . .,<.. : :~./. " . .:.::... .,';. '.' ,0. ;].:' :"0 ' , . .. , .,'P' . . " ....... .' ...:. : "....:.c I .; . '. . . ~ >/ ,,,,: .;.0 ... . - .:. .' .. ': '.,:. /.~..:( . - '-' . ~ . - ~ ~ :. ~-~')}li.ES~IB;::;;;L; . . . , ~.' '0 '. ~ . .... .- . . ~ . . '. ..1. ..' . . " .. Township ~~ South, Ra~qe 2i Zact, . , co~er o~, saction 2(, Tc';,nship ~8' line South . ...: I .. . ," .. '.~ . . .. . . . .. ...... '.. .f ..... ..;. '. '. . . .... ." . ,. . .... . . . .: .... ,. . . .' " ' " Agenda Item No. 8A November 16, 2004 Page 39 of 77 ORDINANCE NO. 04- _ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRlATE ZONING ATLAS NUMBERS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ORANGETREE, FOR PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF OIL WELL ROAD, APPROXIMATELY 1 MILE EAST OF IMMOKALEE ROAD INSIDE OF THE CURRENT ORANGETREE PUD BOUNDARY, IN SECTIONS 11, 12, 13, 14, 23 & 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,136.87:t ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 04-30, THE FORMER ORANGETREE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, P.A., and Anthony P. Pires, Esquire, representing Bryan W. Paul, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Sections 11, 12, 13, 14, 23 and 24, Township 48 South, Range 27 East, and Sections 18 and 19, Township 48 South, Range 28 East, Collier County, Florida, is changed from "PUD" Planned Unit Development to "PUD" Planned Unit Development in accordance with the Orangetree PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate Official Zoning Atlas Maps, as described in Ordinance Number 2004-41, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 04-30 known as the Orangetree PUD, adopted on May 11,2004, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Page 1 of 2 Agenda Item No. 8A November 16, 2004 Page 40 of 77 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency Mmjorie M. Student Assistant County Attorney PUDA-2003-AR-4227/RBIIQ Page 2 of 2 Agenda Item No. 8A November 16, 2004 Page 41 of 77 ZONING AND DEVELOPMENT DOCUMENT for ORANGETREE First Amendment Prepared by: WILSON, MILLER, INC. Engineers, Planners and Land Surveyors 3200 Bailey Lane at Airport Road Naples, Florida 33942 PUD Amendment Application November 22, 1989 Revised February 27, 1991 Revised May 13, 1991 Revised May II, 2004 Revised October 26, 2004 Original Z & DD Approval: December 10, 1985 Ordinance Number: 87-13 Approved by CCPC: December 20, 1990 Approved by BCC: June 1991 Ordinance Number: 91-43 Approved by CCPC: March 4, 2004 Approved by BCC: May 11, 2004 Ordinance Number: 2004-30 Approved by CCPC: September 16,2004 Approved by BCC: October 26,2004 Ordinance Number Exhibit "A" Agenda Item No. 8A November 16,2004 - Page 42 of 77 INDEX PAGE Index 2 List of Exhibits and Tables 3 SECTION I Property Description 4 SECTION II Project Development 5 SECTION III Agricultural Development 10 SECTION IV Residential Development II SECTION V CommerciallN eigh borhood 16 SECTION VI Golf Course 19 SECTION VII Community Use 22 SECTION VIII SchoollPark 24 SECTION IX General Development Commitments 26 2 C:\AdLib eXpress\Work\radA6CI 3tmpdoc Agenda Item No. 8A Novennber16,2004 Page 43 of 77 LIST OF EXHIBITS AND TABLES EXHIBIT A Master Plan (Prepared by Thomas Lucido & Associates Ref. No. 9020) EXHIBIT B Legal Description TABLE I Land Use Summary TABLE II Estimated Market Absorption Schedule TABLE III Development Standards 3 C:\AdLib eXpress\Work\radA6Cl3.tmp,doc Agenda Item No. 8A November 16, 2004 Page 44 of 77 SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION, LOCATION. AND PURPOSE It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called "applicant or developer") to establish a Development on approximately 2,136.87 acres of property located in Collier County, Florida. The subject property is described as "North Golden Gate" on Collier County maps and is bounded on the west by Immokalee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways. Oil Well Road (CR 858) runs through the site in an east-west direction. 1.02 LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2,136.87 acres and is platted as North Golden Gate and recorded in the Public Records of Collier County, Florida as follows: Unit 1 Plat Book 9 Pages 12-28 Unit 2 Plat Book 9 Pages 39-43 Unit 3 Plat Book 9 Pages 125-142 Unit 4 Plat Book 9 Pages 53-64 Unit 5 Plat Book 9 Pages 65-72 Unit 6 Plat Book 9 Pages 74-78 Unit 7 Plat Book 9 Pages 85-97 Less and except those lands described in Exhibit "B" attached, containing 6l5.93::!: acres. 4 C:\AdLib eXpress\ Work\radA6C 13 .tmp,doc Agenda Item No. 8A November 16, 2004 Page 45 of 77 SECTION II PROJECT DEVELOPMENT 2.0 I PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT The subject parcel is designed as a mixture of agriculture, residential uses, commercial and community oriented facilities, and recreational elements. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or plats are requested. 2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards and review procedures regulating subdivisions of the Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provIsIons of Section 3.3 of the Land Development Code shall apply to the development of platted tracts or parcels of land as provided in Section 3.3 prior to the issuance of a building permit or other development order. 2.05 LAND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the Master Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. 5 C:\AdLib eXpress\WorklradA6CI3.tmp.doc Agenda Item No. 8A November 16, 2004 Page 46 of 77 2.06 PROJECT DENSITY The total acreage of the subject property is approximately 2,136.87 acres. The maximum number of dwelling units to be built on the total acreage is 2, I 00. The number of dwelling units per gross acre is approximately 0.98. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.07 PERMITTED V ARIA nONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.04, provided that the total number of dwelling units shall not exceed 2, I 00. The Administrator shall be notified in accordance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwelling units shall not exceed 2, I 00. The maximum number of dwelling units by type as shown in Table I shall not vary by more than twenty (20) percent in each category. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. 2.08 DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property but the property is to be developed over an estimated 15 year-time period. Any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. Table II indicates, by phase, the estimated absorption of units for the estimated 15 year development period. 2.09 RESERV A nON OF NATURAL VEGET A nON AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this documents. 2.10 EASEMENTS FOR UTILlTlES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. . 6 C \AdLib eXpress\ W ork\radA6C 13. Imp. doc Agenda Item No. 8A November 16, 2004 Page 47 of 77 All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 2.1 I EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULA nONS Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision Master Plan review and approval. 2.l2 LAKE SITING As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 80-26, Section 8A, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material may be utilized off- site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. 2.13 ROADS Collector roads will be public roads. Local roads within the development may be either public or private roads, depending on location, capacity, and design. 7 C: \AdLib eXpress\ W ork\radA6C l3.tmp.doc Agenda Item No. 8A November 16, 2004 Page 48 of 77 LAND USE SUMMARY TABLE I SYMBOL DESCRIPTION UNITS Agriculture *2 Golf Course *2 Residential 143 Residential 1797 Residential 160 AG GC R-I R-2 R-3 CU Community Use U Utility SP School/Park CN Neighborhood (Max. 60,000 Commercial S.F. plus motel units) RW Right-of-Way LAKE Total 2, 1 00 APPROXIMATE ACREAGE 482*1 200*3 110 586 30 86 15 36 22 149.8 420 2,136.87*4 NOTE:The projected total unit summary represents one possible residential mix to yield 2,100 units. Should there be an increase of units in any residential category, there would be a corresponding decrease in other categories to maintain a maximum total of 2, 100 units. R-l One-half acre lots - single family. R-2 Detached and attached single family~ duplex and triplex, cluster homes, zero lot line, villas, patio homes, townhouses. R-3 Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story max.). * 1 Includes agricultural reservoirs. *2 Approved breakdown of agriculture and golf course lands. * 3 Includes golf course related lakes. *4 Based on actual survey of acreage. C\AdLib eXpress\Work\radA6Cl3.tmp.doc 8 ESTIMATED MARKET ABSORPTION SCHEDULE TABLE II YEAR DWELLING UNIT CUMULATIVE PRODUCTION TOTAL 0 0 2 70 70 3 100 170 4 140 310 5 160 470 6 160 630 7 160 790 8 165 955 9 165 1,120 10 165 1,285 II 165 1,450 12 165 1,6l5 13 165 1,780 l4 160 1,940 l5 160 2,100 9 CIAdLib eXpressIWorklradA6CI3.tmp,doc Agenda Item No. 8A November 16, 2004 Page 49 of 77 Agenda Item No. 8A Novernber16,2004 Page 50 of 77 SECTION III AGRICUL TURAL DEVELOPMENT 3.0l PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan, Thomas Lucido & Associates Ref. No. 9020 as AG. 3.02 GENERAL DESCRIPTION The AG District is intended to apply to those areas, the present or prospective use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip-irrigation techniques or any other low volume irrigation, like microjet, shall be implemented for agricultural uses (golf course excepted) in this district. 3.03 PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures: I) Agricultural activities, such as field crops, reservoirs/lakes, orchards, horticulture, fruit and nut production. 2) Educational plants: An "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant that is operated by the Collier County School Board. B. Conditional Uses: 1) Ancillary plants: An "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by the Collier County School Board. . 10 C:\AdLib eXpress\ Work\radA6C 13tmp.doc Agenda Item No. 8A November 16, 2004 Page 51 of 77 C. Permitted Accessory Uses and Structures: l) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. 2) On-site retail sales of farm products primarily grown on the farm. 3) Caretakers residences. D. Permitted Uses/Conditional Uses Requiring Site Development Plan Approval: I. Packing Houses 2. Public educational plants and ancillary plants E. Development Standards for Educational Plants and Ancillary Plants: I. In accordance with the Interlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16, 2003, set forth in the LDC or its successor ordinance. 2. Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty-six (36) feet for accessory structures. 3. All required buffers for the School Board's property shall be in place by December 31,2004. 11 C:\AdLib eXpress\Work\radA6CI3.tmp.doc Agenda Item No. 8A November 16, 2004 Page 52 of 77 SECTION IV RESIDENTIAL DEVELOPMENT 4.01 PURPOSE The purpose of this Section is to set forth general regulations for the areas designated on the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R- I to R-3). 4.02 MAXIMUM DWELLING UNITS A maximum number of 2,100 dwelling units may be constructed on lands designated as Residential (R-l to R-3) except as permitted by Section 2.07. 4.03 GENERAL DESCRIPTION Areas designed as Residential (R-l to R-3) Thomas Lucido & Associates Ref. No. 9020 are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational facilities provided such uses meet the development standards as set forth in this document. Four residential land use categories have been identified on the Master Plan. The R-l designation includes approximately I 10 aces and will accommodate single family development on one-half acre lots. The R-2 designation includes approximately 586 acres and will provide for both conventional detached and attached single family development. The R-3 designation includes approximately 30 acres of low density cluster and multi-family development. 4.04 PERMITTED PRINCIPAL USES AND STRUCTURES R-l . Detached single family homes . Model units . Recreational facilities, parks, lakes and water management facilities R-2 . Detached and attached single family homes . Duplex and triplex units . Cluster homes, zero lot line, villas, patio homes, townhouses . Model units . Recreational facilities, parks, lakes and water management facilities 12 C:\AdLib eXpress\ WorklradA6C 13.tmp.doc Agenda Item No. 8A November 16, 2004 Page 53 of 77 R-3 . Cluster homes, zero lot line, villas, and patio homes . Townhouses . Garden apartments, low rise multi-family . Recreational facilities, parks, lake and water management facilities 4.05 PERMITTED ACCESSORY USES AND STRUCTURES . Accessory uses and structures customarily associated with uses permitted in this district . Essential services and facilities . Guest homes in R -1 areas on lots one acre or larger in size 4.06 PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL UNDER SECTION 2.04 . Religious facilities . Civic and cultural facilities . Educational facilities . Private Clubs . Child care centers - owner occupied . Rest homes, foster homes, rehabilitation center, hospices . Other non-residential uses customary in residential districts 4.07 DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject parcel. a. Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows: I. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a private road, setback is measured from the road easement or parcel line. 13 C\AdLib eXpress\Work\radA6C13.tmp.doc Agenda Item No. 8A November 16, 2004 Page 54 of 77 3. lfthe multi-family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. 14 C:\AdLib eXpress\Work\radA6C13.tmpdoc Agenda Item No. 8A November 16, 2004 Page 55 of 77 DEVELOPMENT STANDARDS "R" Residential Areas TABLE III A Permitted Uses R-I Villas, Single Low Rise Standards Detached Patio & Family and Garden R-2 Cluster Attached Apartments Detached Homes Townhouse Minimum Site Area Y2-AC 3000 SF 3000 SF 6000 SF x units Site Width Min. A vg. 120 60 Front Yard Setback 30 20 20 25 25 Side yard Setback 20 o or 1 0 o or 10 15 5.5 Rear Yard Setback 25 15 25 30 20 Rear Yard Setback Acsry. 0 0 0 0 5 Max. Building Height 25 25 25 25 25 Dist. Between Principal Str. N/A N/A .5 SBH .5 SBH N/A Floor Area Minimum (S.F). 1200 750 900 750 1000 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width~ SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining setback requirements. 15 C: IAdLib eXpressl W orklradA6C 13. tmp.doc Agenda Item No. 8A November 16, 2004 Page 56 of 77 DEVELOPMENT STANDARDS "R" Residential Areas TABLE III B PERMITTED USES EDUC. CIVIC; RELIGIOUS PRIVATE OTHER STANDARDS FACILITIES CUL TURAL FACILITIES CLUB USES FACILITIES NOT LISTED Minimum Site As determined during the Per County Area process under Section 2.04. Regulations in effect at the Site Width As determined during the time a permit is Min. A vg. process under Section 2.04. requested. Site Depth As determined during the Min. A vg. process under Section 2.04. Front Yard 40 40 40 30 Setback Side Yard 30 30 30 20 Setback Lake Bank 20 20 20 20 Setback Rear Yard 30 or BH 30 or BH 30 or BH 30 Setback Rear yard 10 10 10 10 Setback Acsry. Max Building 25 25 25 25 Height (Ft.) Dist. Between .5 SBH .5 SBH .5 SBH .5 SBH Principal Str. Floor Area 1000 1000 1000 1000 Minimum (S.F.) 16 C:IAdLib eXpresslWorklradA6CI 3tmpdoc Agenda Item No. 8A November 16, 2004 Page 57 of 77 SECTION V CN - COMMERCIALINEIGHBORHOOD 5.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Thomas Lucido & Associates Ref. No. 9020, as 'CN'. The CN tract is intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. 5.02 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 part, for other than the following: A. Permitted Principal Uses and Structures I) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations, without major repair; agricultural supply stores. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. 3) Carpet and floor covering sales (including storage and installation); child care centers; churches and other places of worship; clothing stores; confectionery and candy stores; convenience commercial establishments. 4) Delicatessen; drug stores; dry cleaning shops; dry good stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. 7) Gift shops; gourmet shops; 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospices. 9) Ice cream stores; ice sales; interior decorating showrooms. IO) Jewelry stores. 17 C:IAdLib eXpresslWorklradA6Clltmp.doc Agenda Item No. 8A November 16,2004 Page 58 of 77 II) Laundries - self - service; leather goods and luggage stores; locksmiths and liquor stores. 12) Meat market; medical office or clinic for human care; millinery shops; motel, hotel and transient lodging; music stores. 13) Office (retail or professional); office supply stores. 14) Park and ride, paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. 15) Radio and television sales and services; excluding satellite dishes and antennas; restaurants, including fast foods; small appliance stores; shoe sales and repairs; restaurants. 16) Souvenir stores; stationery stores; supennarkets and sanatoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18) Variety stores; veterinary offices and clinics (no outside kenneling). 19) Watch and precision instrument sales and repair. 20) Water management facilities and essential services. 21) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). B) Permitted Accessory Uses and Structures I) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker's residence. 18 C:\AdLib eXpress\ Work\radA6C 13.tmp.doc Agenda Item No. 8A November 16, 2004 Page 59 of 77 5.03 DEVELOPMENT STANDARDS A) Minimum Site Area: As approved under Section 2.04~ B) Minimum Site Width: As approved under Section 2.04~ C) Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas: Twenty-five (25) feet. Abutting residential areas: Thirty-five (35) feet in which as appropriately designed and landscaped buffer shall be provided, as determined under Section 2.04, and in which no parking shall be permitted. D) Distance between principal structures: None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. E) Maximum Height of Structures: Twenty-five (25) feet above the finished grade of the site. F) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. H) A maximum of sixty thousand square feet (60,000 s.f.) of leasable commercial building floor area shall be permitted in the CN district, exclusive of motel use. I) No outside display or storage shall be permitted. J) Maximum density for motel, hotel, and transit lodging shall be 26 units per acre. 19 C: IAdLib eXpressl W orklradA6C 13.lmp. doc Agenda Item No. 8A November 16, 2004 Page 60 of 77 SECTION VI 'GC' GOLF COURSE 6.01 GOLF COURSE DISTRICT The Golf Course District is intended to provide for an 18-hole gold course within the project. 6.02 PERMITIED LOCA nONS It is recognized that golf courses provide open space for an entire community and serve a variety of functions including important water management functions. Therefore, the Golf Course District shall be a floating use and may be located within the Agricultural or Residential Districts, provided that the density of residential development shall not be substantially effected. 6.03 PERMITIED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for one or more of the following uses: A. Permitted principal Uses and Structures I) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of alcoholic beverages. 4) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). 20 C \AdLib eXpress\ W ork\radA6C 13. Imp. doc Agenda Item No. 8A November 16, 2004 . Page 61 of 77 B. Permitted Accessory Uses and Structures I) Pro-shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non-commercial plant nursery. 3) Maintenance shops and equipment storage. 4) Accessory uses and structures customarily associated with the uses permitted in this District. 5) Snack bars. 6) A maximum of two (2) residential units in conjunction with the operation of the golf course. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. 6.04 DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 25' B. Overall site design shall be harmonious in terms of landscaping, locations of structures, locations of access streets and parking areas, and location and treatment of buffer areas. C. Buildings shall be set back a minimum of fifty (50) feet from abutting residential neighborhoods and the setback area shall be landscaped. Tennis courts shall be set back a minimum offive (5) feet from parcel boundaries. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. 21 C:\AdLib eXpress\ Work\radA6C 13.tmp.doc Agenda Item No. 8A November 16, 2004 Page 62 of 77 6.05 SITE PLAN APPROVAL REQUIREMENTS A. A plan of the golf course shall be approved in accordance with Section 2.04 prior to construction. B. Plans for all principal and all accessory uses shall be submitted to the Administrator for approval in accordance with Section 2.04. 22 C:\AdLib eXpress\Work\radA6CI 3.tmpdoc Agenda Item No. 8A November 16,2004 Page 63 of 77 SECTION VII COMMUNITY USE 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, as CU, Community Use. The site includes 55 acres, has been dedicated to Collier County and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for this project. An additional 31 acres shall be used for CU by Collier County for the expansion of the Collier County Fair Grounds. 7.02 PERMIITED 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 part, for other than the following: . Parks and playgrounds . Bicycle, hiking and nature trails . Recreational shelters and restrooms . Recreational fields, sports facilities and courts . Community centers . Restaurant or snack bar in conjunction with recreational activities . Water management facilities and essential services . Collier County Fair Grounds . State of Florida Forestry Department facilities . Fire State Site . Other governmental facilities . Park and ride facilities . Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). 7.03 DEVELOPMENT STANDARDS A. Minimum site area: None B. Minimum setback from tract boundaries: 50' C. Minimum setback from road right-of-way: 25' D. Maximum height of structures: 25' (except fire observation tower) E. Minimum distance between buildings: Yz the sum of their heights F. Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. 23 C:\AdLib eXpress\ Work\radA6C l3.tmp.doc Agenda Item No. 8A Novernber16,2004 Page 64 of 77 SECTION VIII 'SP'SCHOOLIPARK 8.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, 'SP' School/Park. The SP site includes 25 acres reserved for use as a school site and associated park facilities. This site shall be dedicated to the Collier county Public School District at the convenience to the developer, or when requested by the School District, whichever occurs first. The site shall be provided with potable water and sanitary sewer service in conformance with this documents and all applicable standards and requirements. An additional 11 acres is reserved for use as a community recreational park as shown on the Master Plan. 8.02 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 part, for other than the following: 1) Elementary or middle school and facilities 2) Parks and playgrounds 3) Bicycle, hiking and nature trails 4) Recreational shelters and restrooms 5) Recreational fields, sports facilities and courts 6) Water management facilities and essential services 7) Any other use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals ("BZA"). 8.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements: 30' from all 'SP' tract boundaries for principal structures 20' from lake banks 4) Maximum Height: 25' 5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. 24 C:\AdLib eXpress\ Work\radA6C 13tmpdoc Agenda Item No. 8A November 16, 2004 Page 65 of 77 6) Distance Between Principal Structures: Y2 the sum of the building heights or 30'. whichever is greater. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. 7) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 8) Prior to development, a development plan for the tract shall be approved in accordance with Section 2.04. 25 C:\AdLib eXpress\ Work\radA6C 13.tmp,doc Agenda Item No. BA Novennber16,2004 Page 66 of 77 SECTION IX GENERAL DEVELOPMENT COMMITMENT~ 9.01 PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 9.02 DEVELOPMENT COMMITMENTS A. ENERGY 1) Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state-of-the-art energy conservation techniques shall be made with practically and economically feasible. Such techniques may include, but shall not be limited to the following: a. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi-family residential areas. b. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve the project area. c. Use of energy-efficient features in window design (e.g., shading and tinting). d. Use of operable windows and ceiling fans. e. Installation of energy-efficient appliances and equipment. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy-efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. 26 C:\AdLib eXpress\ Work\radA6C 13.tmp.doc Agenda Item No. 8A November 16, 2004 Page 67 of 77 I. Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. j. Placement of trees to provide needed shade in the warrner months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. 1. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects ofthe wind. m. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n. Inclusion of porch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). B. AIR QUALITY I) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. C. TRANSPORTATION 1) Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, or Division 3.15 of the Land Development Code, as amended. 2) The developer shall provide separate left and right turn lanes on Immokalee Road as the project's access if deemed necessary by either the Transportation Operations Director or Transportation Engineer, and shall fund one hundred percent of the capital cost of any traffic signals associated with the ingress and egress when deemed warranted by the County Traffic Operations Engineer. The signal shall be owned, operated and maintained by Collier County. 27 C:IAdLib eXpressl WorklradA6C 13.tmp.doc Agenda Item No. 8A November 16, 2004 Page 68 of 77 3) The developer shall bear the entire cost of all traffic signals which may become needed at intersections within the project. D. WATER MANAGEMENT I) A master/conceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 3) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. 4) The water management for the Orangetree project shall implement water quality "best management practices" to the extent possible. 5) An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. 6) Reservoirs/lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88-26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs/lakes is ever changed to a use other than agriculture, all areas of the reservoirs/lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. E. WATER AND SEWER 1) Water Facilities - Developer shall provide an on-site potable water source and shall construct an on-site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. 28 C\AdLib eXpress\Work\radA6CI 3.tmp.doc Agenda Item No. 8A Novernber16,2004 Page 69 of 77 2) Sewer Facilities - Developer shall construct an on-site sewage treatment plant and sewage collection and transmission system to serve all developed portions. Treatment plant shall provide treatment levels, pursuant to Chapter 17-6.040(q), Florida Administrative Code, required to allow use of treated effluent in the proposed on-site drip irrigation system. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer operates the sewage treatment plant, data required pursuant to County Ordinance No. 80-112 showing the availability of sewage service will be submitted for approval by the Utilities Division prior to approval of the construction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collection and transmission systems and the on-site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3) Plans Approval - All construction plans and technical specifications and proposed plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Prior to approval of construction documents by the Utilities Division, the Developer will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities filed with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to the project. 29 C:IAdLib eXpresslWorklradA6Clltmpdoc Agenda Item No. 8A November 16, 2004 Page 70 of 77 4) Facilities Ownership and Conveyance - It is understood by Developer that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and distribution/collection and transmission system components to Collier County. Notwithstanding anything herein to the contrary, the County in turn will agree not to make fonnal request to serve the project with water or sewer related services until on or after January 1,2001. In that regard, Developer and any interim utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project. Once the water/sewer systems have been conveyed to Collier County, any required expansions to the on-site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. 5) Rights-of-way/Easements - All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights-of-way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer shall provide all required easements. At such time as Collier County discontinues operation of the on-site water or sewer plants, the plant site shall be conveyed back to the developer by applicable statutory deed and site utility easements shall be vacated, except that an easement shall be reserved for any connecting facilities required, pursuant to paragraph 6). 30 C IAdL ib eXpressl W orklradA6C 13 .tmp.doc Agenda Item No. 8A NQvennber16,2004 Page 71 of 77 6) Connection to county Water and/or Sewer Facilities - All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off-site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within 120 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s). 7) Customers - All customers connecting to the water distribution and sewage collection facilities will be customers of the developer or the interim utility established to serve the project until Collier County makes formal request for dedication of the water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County. Prior to connection of the project to the County's off-site water and/or sewer facilities, or the County assuming operation and maintenance responsibility for the water and/or sewer systems the Developer. and/or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 8) System Development Charges - During that period of time that the water and sewer utility system is owned, operated and maintained by Developer, Developer may charge a system development charge to each connecting customer in an amount as approved and allowed by the Florida Public Service Commission (PSC). 31 C: \AdLib eXpress\ W ork\radA6C 13 .tmp.doc Agenda Item No. 8A November 16, 2004 Page 72 of 77 Developer agrees to pay all applicable system development charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of either a water or sewer impact fee will be required to pay system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a water or sewer impact fee, whichever the case, if at the time the County formally and of its own volition resolves to provide the Project with water or sewer related services, the Board of Commissioners, in good faith, expressly declares its intention to operate the water or sewer utility treatment facilities as a part of its regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on-site treatment facilities. Notwithstanding the provisions of this subparagraph 8 a subsequent ordinance of general application, effective at the time of connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County which has contrary or differing provisions relative to the imposition of water and/or sewer system development charges or impact fees, shall be construed as superseding the applicable provisions of this subparagraph 8. 9) Developer shall be allowed up to ten (10) temporary private wells and individual sewage disposal systems as areas are developed prior to construction or expansion of the central systems. All such temporary facilities shall comply with applicable state and county regulations and shall acquire required permits. F . ENVIRONMENTAL 1) A site clearing plan shall be submitted to the Environmental Services Department Staff for its review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be 32 C \AdLib eXpress\ Work\radA6C 13 .tmp.doc Agenda Item No. 8A November 16,2004 Page 73 of 77 submitted to the Environmental Services Department Staff for its review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3) All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Environmental Services Department Staff. 4) If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Environmental Services Department Staff notified. Development will be suspended for a sufficient length of time to enable the Environmental Services Department Staff or a designated consultant to assess the find and detennine the proper course of action in regard to its salvageability. Environmental Services Department Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. G. EDUCATION I) The project shall fully mitigate its fiscal impacts by donating a 25 acre parcel to the Collier County Public School District to be utilized as a school site. 2) Future development of the educational facilities within this PUD Zoning District shall be subject to the two Interlocal Agreements between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes. H. FIRE PROTECTION I) The developer commits to providing a central water system to all residential and commercial facilities which is capable of providing fire flow capacities as required by Collier County. 33 C:\AdLib eXpress\Work\radA6C13.tmp.doc Agenda Item No. 8A Novennber16,2004 Page 74 of 77 2) Building heights shall be limited to twenty-five (25) feet for all habitable structures in accordance with Corkscrew Fire District's equipment capabilities. 1. FISCAL The developer has agreed to dedicate a school site to the School Board, and to donate fifty-five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the project's fiscal impacts. 9.03 DEVELOPMENT PLAN A. The Master Plan, Thomas Lucido & Associates Ref. No. 9020, is an illustrative preliminary development plan. B. The design criteria and layout illustrated in the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. C. Minor design changes shall be permitted subject to County staff administrative approval. 9.04 AMENDMENT Amendments of this PUD Document, or of the Master Land Use Plan, shall be accomplished according to the procedures set forth by Collier County for amendments to a planned unit development. 34 C\AdLib eXpress\Work\radA6Cl 3.tmp.doc 1\\ \\i I:~ " " t.:~ ~~ '" ~ ci ai " . <(-.:;tl"- .-4) 0 I'- 0_ NO -<.OL!"! E"--I'- (1),-(1) ::::(1)0> roLl ro -oEQ.. c:(1) (1)> ~~ z g ~ !:( !5 ~3~'~~~~~~' i ~ ~In~~n' .n! ~ . . . 8 " B ~- ~ ~ g g ~ n. , H H ' ,. 8 ~ I i ~ f ~ J ~ J. Jl It !~! t 4t>tl.1I1 Pi!' / It P ! Jl a] un ~ *~ ~i !il~ ~~ :1 I! _J"i 1,1_ !~fD' ~ ~.;~ ~~ ~~~" . i i ~ I a ell 1 '" i ~ : Ii I i n~ ~19! : j:l !i r .~ ..( ~ ~~d I ~ i ~ ....I .I ! ~ . a . i: . ! a'.. ... 5'. ..-E~ i ~ . . , : . ~ = :: r I. :~r a II : '::!.i' p~ui e~I.I. ' I:.ii~ it ;;e.: 11 1;., ::!!~~ I: " I'~ .IS ": iNh ~!! : =,J I i I ; ~!j31!. H UiU Ij lit!ii h i = . : I; - . 5: : ~ ; H i! i. I j ! 3 ; . i . -. . ! ~ 1 j j~ I 3 ~ I~ ! a i ill j i) ~i i E ~ ~ _ . lu . ..~e.:B 13 Agenda Item No. 8A Novennber16,2004 Page 76 of 77 EXHIBIT B LEGAL DESCRIPTION ORANGETREEPUD THIS PARCEL CONTAINS APPROXIMA TEL Y 2,136.87 ACRES AND IS PLATTED AS NORTH GOLDEN GATE AND RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS FOLLOWS: UNIT 1 PLAT BOOK 9 PAGES 12-28 UNIT 2 PLAT BOOK 9 PAGES 39-43 UNIT 3 PLAT BOOK 9 PAGES 125-142 UNIT 4 PLAT BOOK 9 PAGES 53-64 UNIT 5 PLAT BOOK 9 PAGES 65-72 UNIT 6 PLAT BOOK 9 PAGES 74-78 UNIT 7 PLAT BOOK 9 PAGES 85-97 LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS: THREE PARCELS OF LAND LOCATED IN SECTIONS l3, 14 AND 24, TOWNSHlP 48 SOUTH, RANGE 27 EAST, AND SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE P ARTlCULARL Y DESCRIBED AS FOLLOWS: PARCELl COMMENCE AT THE SOUTHEAST CORNER OF SECTION l3, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 88050'06" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTlON 13 FOR A DISTANCE OF 2.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE RUN NORTH 00030' ll" WEST FOR A DlST ANCE OF 50.0l FEET TO A POINT ON THE NORTH RlGHT OF WAY LINE OF OIL WELL ROAD (C.R.858) AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 88050'05" WEST, ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 2,677.95 FEET; THENCE RUN SOUTH 89035'35" WEST, ALONG SAID NORTH RlGHT OF WAY LINE FOR A DISTANCE OF 1,051.57 FEET TO A POINT ON THE EAST LINE OF A 150 FEET WIDE NORTH-SOUTH DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509 THROUGH 517 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00029'46" WEST, ALONG SAID EAST LINE FOR A DISTANCE OF 4,173.91 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "B", THE SAME BEING A POINT ON THE SOUTH LINE OF A 150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED lN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89033'04" EAST, ALONG SAID SOUTH LINE FOR A DISTANCE OF 3,729.66 FEET TO A POINT ON THE WEST LINE OF NORTH GOLDEN GATE CANAL, (AN 80 FOOT WIDE RIGHT OF WAY); THENCE RUN SOUTH 00029'30" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 4,141.20 FEET TO THE POINT OF BEG INNING OF THE PARCEL OF LAND HERElN DESCRIBED, CONTAINING 356.387 ACRES, MORE OR LESS. TOGETHER WITH PARCEL II COMMENCE. A1THE HEREINABOVE DESCRIBED POINT "B" THE SAME BEING THE NORTHEAST CORNER OF A 150 FOOT WIDE NORTH-SOUTH DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509 THROUGH 517 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89033'04" WEST, ALONG THE NORTH LINE OF SAID NORTH-SOUTH DRAINAGE EASEMENT FOR A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 00029'46" EAST, ALONG THE WEST LINE OF SAID NORTH-SOUTH DRAINAGE EASEMENT FOR A DISTANCE OF 1,820.00 FEET; THENCE RUN SOUTH 89033'05" WEST FOR A DISTANCE OF 1,463.41 FEET TO A POINT ON THE WEST LINE OF SECTION l3, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 89033'05" WEST FOR A DISTANCE OF 1,018.80 FEET; THENCE RUN NORTH 00029'30" WEST FOR A DISTANCE OF Page 1 of2 LEGAL DESCRIPTION ORANGETREE PUD Page 2 of2 Agenda Item No. 8A . November 16, 2004 - Page 77 of 77 1,427.55 FEET TO A POINT ON THE SOUTHERLY LINE OF A 150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFlCIAL RECORD BOOK 1322 AT PAGE 1903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 74032'31" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 1,063.68 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE CONTINUE NORTH 74032'31" EAST, ALONG SAID SOUTHERL Y LINE FOR A DISTANCE OF 451.69 FEET; THENCE RUN NORTH 89033'04" EAST, ALONG SAID SOUTHERL Y LINE FOR A DISTANCE OF l,O 18.1 0 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 97.113 ACRES, MORE OR LESS. TOGETHER WITH PARCEL III COMMENCE. AT THE HEREINABOVE DESCRIBEIPOINT "A"; THENCE RUN SOUTH 00024'57" EAST FOR A DISTANCE OF 50.01 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OIL WELL ROAD (C.R.858), THE SAME BEING A POINT ON THE WEST LINE OF NORTH GOLDEN GATE CANAL, (AN 80 FOOT WIDE RIGHT OF WAY) AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED THENCE RUN SOUTH 00029'18" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 920.94 FEET TO A POINT ON THE EAST LINE OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 00029'18" EAST, ALONG SAID WEST LINE, FOR A DISTANCE OF ],8l9.06 FEET; THENCE RUN SOUTH 89030'46" WEST FOR A DISTANCE OF 4.33 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24; THENCE CONTINUE SOUTH 89030'46" WEST FOR A DISTANCE OF 395.66 FEET;; THENCE RUN NORTH 58031'29" WEST FOR A DISTANCE OF 1,010.00 FEET; THENCE RUN NORTH 88017'01" WEST FORA DISTANCE OF 645.91 FEET; THENCE RUN SOUTH 81045'31" WEST FOR A DISTANCE OF 230.00 FEET; THENCE RUN NORTH 47005'10" WEST FOR A DISTANCE OF 686.83 FEET; THENCE RUN NORTH 31029'29" WEST FOR A DISTANCE OF 300.00 FEET; THENCE RUN NORTH 50028'29" WEST FOR A DISTANCE OF 630.00 FEET; THENCE RUN NORTH 39058'29" WEST FOR A DISTANCE OF 255.00 FEET; THENCE RUN NORTH 00024'25" WEST FOR A DISTANCE OF 850.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OIL WELL ROAD (C.R.858); THENCE RUN NORTH 89035'36" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, FOR A DISTANCE OF 749.99 FEET; THENCE RUN NORTH 88050'07" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, FOR A DISTANCE OF 2,677.38 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONT AlNING ]62.431 ACRES, MORE OR LESS. NOTES: 1. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AS BEING S 89035'35" W. 2. THIS PROPERTY lS SUBJECT TO EASEMENTS, RESERV A TlONS AND/OR RESTRICTlONS OF RECORD. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. Page 2 of2 Agenda Item No. 88 Novennber16,2004 Page 1 of 93 -,...-... EXECUTIVE SUMMARY PUDZ.03-AR-4150, Wayne Arnold, representing Bryan W. Paul, requesting to rezone 616 acres of the Orangetree Planned Unit Development (POO) to a new POO to be known as the Orange Blossom Ranch POO permitting a maximum of 1,600 dwelling units; 200,000 square feet of commercial uses allowed in C-l thru C-5 zoning districts; and a :t90-acre community facility tract permitting recreational uses, government offices, schools, child care centers, and commercial excavation. The property is located on the north and south sides of Oil Well Road (C.R. 858) and approximately one mile east ofImmokalee Road (C.R. 846) in Sections 13,14, and 24, Township 48S, Range 27E. Companion Item: POOA-03-AR-4227 OBJECTIVE: This petition seeks a rezone from Planned Unit Development (PUD) to PUD as noted above and to ensure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: -- The proposed project is irregularly shaped and is currently located within the Orangetree PUD. The petitioner wishes to rezone a portion of this PUD (616 acres) to create a new PUD to be known as the Orange Blossom Ranch PUD in order to develop a mixed-use development consisting of 1,600 dwelling units at a gross density of 2.6 dwelling units per acre. This mixed-use project will also provide community shopping and office development, which is intended to serve the surrounding area. The main access will be from Oil Well Road. FISCAL IMP ACT: The rezoning of this PUD by and ofitself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier 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 identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50%) of the estimated Transportation Impact Fees associated with the project is required to be paid simultaneously with the approval of each final local development order. Other fees collected prior to the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. ~ PUDZ-03-AR-4150, Orange Blossom Ranch 1 Agenda Item No. 88 Novennber16,2004 Page 2 of 93 GROWTH MANAGEMENT IMP ACT: The subject property is designated Agricultural/Rural - Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). In settlement of a lawsuit pertaining to the permitted uses of this property, the Settlement Area has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January 1986. Twenty-one hundred (2,100) dwelling units and twenty-two (22) acres of neighborhood commercial uses and hotel/motel use are "vested". The Settlement Area is now known as the Orangetree PUD and the types of uses permitted include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. By its designation in the GMP and the GGAMP as Settlement Area, the Plan recognizes the subject property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of the Settlement Area will not be prohibited or discouraged by reason of the above-referenced vested status. The Settlement Area Land Use District is limited to the area described in the staff report and shall not be available as a land use district for any other property in the County. The subject site was originally platted in the late 1960s/early 1970s and was known as North Golden Gate (NGG). It was designated Urban on the Future Land Use Map, and contained multiple zoning districts. In 1981, the Future Land Use Map was amended to designate the subject area as Rural. In 1982, the Board of County Commissioners (BCC) rezoned the property to A-I, Agricultural, which permitted a variety of agricultural uses, and one dwelling unit per acre as an accessory use. Subsequently, the property owner filed a lawsuit against Collier County based on vesting claims. On January 27. 1986. the property owner and BCC executed a "Settlement and Zoning Agreement" that included a rezoning of the property to "PUD by Settlement." The County agreed to that rezoning "based on its finding that the proposed project would have far less impact on county and regional facilities and the environment than the original North Golden Gate subdivision!' The "Zoning and Development Document" (now known as the Orangetree PUD document) allowed 2,100 dwelling units on 826 acres; 22 acres of commercial development; 1,600 acres of agricultural uses; a 200-acre golf course - allowed within the Agricultural or Residential areas; and 95 acres of community uses [fairgrounds, school, park, utility, etc.]. Also, the Residential area allowed, subject to site development plan approval, churches, schools, civic and cultural facilities, private clubs, owner-occupied childcare centers, rest homes, foster homes, hospice, and rehabilitation centers. .- On April 8, 1986, the Florida Department of Community Affairs (DCA), in response to applications filed by the landowner, rendered a Binding Letter of Interpretation of Vested Rights Status/Binding Letter of Interpretation of Modification to a DRI Impact With Vested RightsNested Rights Status Notification. The Binding Letter included these findings, conclusions and order: The developer had vested rights to develop the original NGG subdivision; The NGG constituted a DRl; The changes to that vested DR! development plan, as depicted in the "Zoning and Development Document" approved by Collier County (n/k/a Orangetree PUD), would result in substantially less development than the NGG vested development plan, and would result in a reduction of regional impacts; "As those changes described in your application for this letter have been approved by local government and incorporated PUDZ-03-AR-4150, Orange Blossom Ranch 2 Agenda Item No. 88 November 16, 2004 Page 3 of 93 into a new development order [Orangetree PUD], they constitute the vested plan of development for North Golden Gate and must be followed by you;" "If any further changes are proposed to this project, they should be submitted by you to this agency [DCA] so that they may be compared together with their impacts to the plan now found to be vested in this letter [Orangetree PUD];""Therefore, all future changes to this modified development plan should be brought to the attention ofthis agency." In 1987, the BCC amended the FLUE and Map to designate the subject property "Vested Area II:' (The "settlement and zoning agreement" stated the County would change the designation to something other than Urban.) The FLUE provision included a list of the permitted uses, and referenced the "Zoning and Development Document" (PUD). The listed permitted uses included: agricultural uses and related facilities; residential uses - maximum of 2, 100 dwelling units and maximum height of two stories; neighborhood commercial and hotel/motel uses, not to exceed 22 acres; golf course, parks, playgrounds, and similar recreation and open space uses; community facilities, such as fairgrounds site, agricultural extension station, fire and police stations; educational facilities, religious facilities, governmental activities, and child care center; essential services. In 1989, with the adoption of the Growth Management Plan, the Settlement Area was designated Agricultural/Rural - Settlement Area in the FLUE. The same list of permitted uses from the previous comprehensive plan, and reference to the "Zoning and Development Document," was included. In 1991, the GGAMP was adopted; it maintained the Agricultural/Rural - Settlement Area designation, the same list of permitted uses, and reference to the "Zoning and Development Document." ............ In 1991, the PUD by Settlement (Orangetree PUD) was amended by Ordinance No. 91-43. Changes included: correct error in total site acreage, reducing it from 2,798 to 2,752.8 acres; delete one Residential classification; increase/decrease the number of dwelling units and acreage in the remaining three Residential classifications, but maintain the total approved dwelling units at 2,100; decrease Agricultural acreage; increase acreage for Community Use by converting 31 acres from Agriculture to Community Use for fairgrounds expansion; increase School/Park acreage by designating II acres within the Residential area as SchoollPark site to reflect a park site that had been previously approved by a site development plan, as allowed within the Residential area; increase Right-of-Way'and Lake acreages substantially; modify certain residential development standards; add reservoirs/lakes as a permitted use in the Agricultural classification; add provision that precludes Collier County from requesting conveyance of the water and sewer facilities prior to January I, 200 I; and, make corresponding changes to PUD Master Plan. It is unknown for certain but appears that DCA was not consulted about these changes; however, there were no increases in the major DRI threshold determinants (# ofDUs and amount of commercial development). ..- In 1997, the County adopted the Evaluation and Appraisal Report-based amendments to the GMP. Changes to the Settlement Area included deleting the list of permitted uses and intensity thresholds, while maintaining reference to the "Zoning and Development Document." Subsequently, two private sector-initiated amendments to this District were approved (2001 and 2003). The purpose of the first amendment was to clarify allowed uses; the second was to clarify the ability to increase the use intensity beyond that which is "vested" (2, I 00 dwelling units and 22 acres of neighborhood commercial). The Settlement Area District allows land uses "vested" in 1986; these include 2,100 DUs and 22 acres/60,000 square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD - residential, commercial, community uses, etc. - but does not identify intensity thresholds; however, the District does reference the PUD, which includes those thresholds. But, the District states: "Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or PUDZ-03-AR-4150, Orange Blossom Ranch 3 Agenda Item No. 88 November 16, 2004 Page 4 of 93 discouraged by reason of the above-referenced vested status." Since the District does not include. development intensity thresholds, and specifically provides that more dwelling units and commercial acreage may be added beyond that which the site is "vested" for, the proposed commercial and residential uses and intensities/densities may be found consistent with the GGAMP. Based upon the Rural Settlement Area District language, it is clear that, by omission, industrial land uses are not permitted within the District; further, industrial land uses are not presently "vested" in the District. Therefore, staff is of the opinion that the proposed residential uses and density, community facility and open space uses, and commercial uses, may be deemed consistent with the Rural Settlement Area District in the GGAMP. In addition, all industrial uses (within the Commercial/Office Area) may not be deemed consistent with the Rural Settlement Area District in the GGAMP. ENVIRONMENT AL ISSUES: The Environmental staff has reviewed the project's application and has waived the requirement for the petitioner to submit an Environmental Impact Statement (EIS) because the entire site has been cleared for agricultural purposes. ENVIRONMENT AL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because no BIS was required, this petition was not required to go to the EAC. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION (CCPC): The CCPC reviewed this petition during their public hearing on October 7, 2004. A motion by Commissioner Strain to forward petition PUDZ-03-AR-4150 to the BCC with a recommendation of approval was accepted by a vote of 8 to O. The recommendation of approval is subject to staff stipulations. The CCPC also voted to include revisions to the PUD Document to add dry cleaners and coin operated laundries as permitted uses. They also added a requirement for a minimum of 10 percent open space within the Commercial Tract and to require that the project be subject to the sunset provisions as provided for in the Land Development Code. Other changes included revisions to the transportation commitments as approved by the Transportation Services Division and to permit interim potable water and wastewater systems as approved by the Public Utilities Division. The Planning Commissioners found this petition to be consistent with the GMP and compatible with the surrounding land uses. A representative from the Collier County School Board requested that the Planning Commission recommend that public schools be permitted in the residential designated lands. The CCPC recommended that public schools (no bus barns) are a permitted use in the residential area along the north side of Oil Well Road. Because one person spoke in opposition to this petition, this petition could not be placed on the summary agenda. -,,...-, PUDZ-03-AR-4150, Orange Blossom Ranch 4 Agenda Item No. 88 November 16, 2004 Page 5 of 93 STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-03-AR-4150 subject to: the Developer reserving an area for road right-of way-purposes of up to 100' in width along the project's entire frontage on Oil Well Road, the maximum gross leasable area for commercial uses being limited to 200,000 square feet, the maximum number of dwelling units not to exceed 1,600, easements being provided to Collier County Utilities for five separate well field locations, and the regulations contained into the PUD Document as otherwise described by the amending Ordinance included in this Executive Summary. PREP ARED BY: Raymond V. Bellows, Manager Department of Zoning & Land Development Review PUDZ-03-AR-4150, Orange Blossom Ranch 5 Item Number Item Summary Me.ting Date Agenda Item No, 86 November 16,2004 Parle 6 of 93 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 88 This i1em was continued from the October 26,2004 Bee meeting This item requires that all participants be sworn in and ex perte disclosure be provided by Commission members PUDZ.O~.AR~4150, Wayne Arnold, represenUnQ Bryan W, Paul, requ~sting 10 rezone 610 acres of Ihe Orangelrl!lfl Planned Unit Development (PUD) to a new PUD to be known as the Orange Blossom Ranch pu~ permitting a maximum of " ,600 dwelling url,tS: 200.000 square feel of commercial uses allowed in C.1 thru C.S zoning dis(ricts. and, B +90~acre community facill1y lract perrnittil,g recreational un!, government offices, schOOlS, child core centers, .nnd commercial excavation, The property i5i located on the north and south sides of all Well Road (C.R. S5S) and approximately one mile east of lnll110kalee Road (C.R 846) in SeC1lons '13, 14. and 24, Township 485 Range 27E Companion Item PUDAw03wAR~4227 11;16/20049:00:00 AM Prepored By Chief PlannO'r 1111/20044:53:41 PM Ray Bellows; Cornmunlty Dvvelopmtlnt & Environmental Sel"lllcu Date Zoning & Land Development Rl!lvlew Chief Plan ner Date Approved By R.ay Bellows Community Development & Environmental Service. Zoning & Land Development Review 1111/2004 4:54 PM Norm E. Feder, AICP TranaporUltion Division Administrator [late Approved By Tran'pQr1.ioll Services Tranaportation Serv;ces Adm'". 11/21200411 :00 AM Constance A. Johnson Date Approved By Community Development & Environmental Services; Operations Analyst Community Developmont & EnOJironmftntal Services Admin. 1112/200412:48 PM Sandra Lea Date Approved By Community Development .. Environmental Services Executive Secretary Community Development & EnVIronmental Services Atlmln. 11121200412:55 PM Approved By Susan Murray. Alep Community Dflvelopment & Environmental Servicel\. Zoning & Land Development Direl;!Or Dllte Zoning & L.lInd Development Review 11/2120042:26 PM Approved By Date Joseph K. Schmitt Community Development & Environmental Service, Community Development & Environme-ntal Services Adminstrltor Community Development & F.,nvironmental Servlc.es Admin. 1112/2004 7:19 PM OMB Coordinator AclmlnllStratllJe Anl:stant Dote Approved By County Milnager'a Off!Ctt O1nce of Management & Budgot 11/31200412:59 PM Mark Isackson Dltl Approved By County Manager'll Office Budget Analyst Office of Management & Sudglt 1114/200410:13 AM Approved By Michael SmykoW$kl County Manager's Office Date Munanement & Budget Dlntctor Office of Management & Budget 11/612004 &:36 AM County Manager Date Approved By James V. Mudd Board of County Comml8aionef1l. County Mllnager's Office 1115120043:10 PM Agenda Item No. 88 Novernber16,2004 Page 7 of 93 eolM.,. County - """' - ............... -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: OCTOBER 7, 2004 RE: PETITION NO: PUDZ-03-AR-4I50, ORANGE BLOSSOM RANCH COMPANION ITEM: PUDA-03-AR-4227, ORANGETREE PUD OWNER/AGENT: Agent: Wayne Arnold Owner: Q. Grady Minor & Associates, P. A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bryan W. Paul P.O. Box 2357, Highway 78-A Labelle, Florida 33935 REQUESTED ACTION: To have the Collier County Planning Commission consider an application to rezone 616 acres of the Orangetree Planned Unit Development (PUD) to a new PUD to be known as the Orange Blossom Ranch PUD permitting a maximum of 1,600 dwelling units; 200,000 square feet of commercial uses allowed in C-I thru C-5 zoning districts; and, a :i:90-acre community facility tract permitting recreational uses, government offices, schools, child care centers, and commercial excavation. GEOGRAPHIC LOCATION: The property is located on the north and south sides of Oil Well Road (C.R. 858) and approximately one mile east of Immokalee Road (C.R. 846) in Sections 13, 14, and 24, Township 48S, Range 27E. (See location map on the following page. A copy of the Master Plan for the subject site follows the location map). PURPOSEIDESCRIPTION OF PROJECT: The subject site is irregularly shaped and is currently located within the Orangetree PUD. The petitioner wishes to rezone a portion of this PUD (616 acres) to the Orange Blossom Ranch PUD in order to allow a mixed-use development consisting of 1,600 dwelling units at a gross density of 2.6 dwelling units per acre. This mixed-use project will also provide community shopping and office development, which is intended to serve the surrounding area. The main access will be from Oil Well Road. PUDZ-03-AR-4150, Orange Blossom Ranch Agenda Item No. 88 November 16, 2004 Page 8 of 93 SURROUNDING LAND USE AND ZONING: Surrounding: North -Vacant farmland and zoned Orangetree PUD. East - Developed single-family and zoned Estates (E). South -Golf Course and residential and zoned Orangetree PUD West- High School and residential that is zoned Orangetree PUD GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Agricultural/Rural - Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). The Settlement Area District consists of Sections 13, 14, 23 and 24, and a portion of22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, the Settlement Area has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. Twenty-one hundred (2,100) dwelling units and twenty-two (22) acres of neighborhood commercial uses and hotel/motel use are "vested". The Settlement Area is now known as the Orange Tree PUD and the types of uses permitted include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. PUDZ-03-AR-4150, Orange Blossom Ranch 2 Agenda Item No. 88 Novennber16,2004 Page 9 of 93 By its designation in the GMP and the GGAMP as Settlement Area, the Plan recognizes the subject property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of the Settlement Area will not be prohibited or discouraged by reason of the above- referenced vested status. The geographic expansion of the Settlement Area to additional lands outside the areas covered by Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), shall be prohibited. The Settlernent Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County." The subject site was originally platted in the late 1960s/early I970sand was known as North Golden Gate (NGG). It was designated Urban on the future land use map, and contained multiple zoning districts (single family, multi-family, commercial, industrial, community use [school, park, utility], golf course). Land clearing, excavation, grading and other physical development activities were commenced. In 1981, the Future Land Use Map was amended to designate the subject area as Rural. In 1982, the Board of County Commissioners (BCC) rezoned the property to A-I, Agricultural, which permitted a variety of agricultural uses, and one dwelling unit per acre as an accessory use. Subsequently, the property owner filed a lawsuit against Collier County based on vesting claims. On January 27. 1986. the property owner and BCC executed a "Settlement and Zoning Agreement" that included a rezoning of the property to "POD by Settlement." The County agreed to that rezoning "based on its finding that the proposed project would have far less impact on county and regional facilities and the environment than the original North Golden Gate subdivision." The "Zoning and Development Document" (now known as the Orangetree PUD document) allowed 2,100 dwelling units on 826 acres; 22 acres of commercial development; 1,600 acres of agricultural uses; a 200 acre golf course - allowed within the Agricultural or Residential areas; and, 95 acres of community uses [fairgrounds, school, park, utility, etc.]. Also, the Residential area allowed, subject to site development plan approval, churches, schools, civic and cultural facilities, private clubs, owner- occupied childcare centers, rest homes, foster homes, hospice, and rehabilitation centers. On April 8, 1986, the Florida Department of Community Affairs (DCA), in response to applications filed by the landowner, rendered a Binding Letter of Interpretation of Vested Rights Status/ Binding Letter of Interpretation of Modification to a DRI Impact With Vested RightsNested Rights Status Notification. The Binding Letter included these findings, conclusions and order: · The developer had vested rights to develop the original NGG subdivision; · The NGG constituted a DRI; · The changes to that vested DRI development plan, as depicted in the "Zoning and Development Document" approved by Collier County (n/kIa Orangetree PUD), would result in substantially less development than the NGG vested development plan, and would result in a reduction of regional impacts; · "As those changes described in your application for this letter have been approved by local government and incorporated into a new development order [Orangetree PUD], they constitute the vested plan of development for North Golden Gate and must be followed by you;" · "If any further changes are proposed to this project, they should be submitted by you to this agency [DCA] so that they may be compared together with their impacts to the plan now found to be vested in this letter [Orangetree PUD];" PUDZ-03-AR-4150, Orange Blossom Ranch 3 Agenda Item No. 88 Novernber 16, 2004 Page 10 of 93 . "Therefore, all future changes to this modified development plan should be brought to the attention of this agency. In 1987, the BCC amended the FLUE and Map to designate the subject property "Vested Area II." (The "settlement and zoning agreement" stated the County would change the designation to something other than Urban.) The FLUE provision included a list of the permitted uses, and referenced the "Zoning and Development Document" (PUD). The listed permitted uses included: agricultural uses and related facilities; residential uses - maximum of 2,100 DUs and maximum height of two stories; neighborhood commercial and hotel/motel uses, not to exceed 22 acres; golf course, parks, playgrounds, and similar recreation and open space uses; community facilities, such as fairgrounds site, agricultural extension station, fire and police stations; educational facilities, religious facilities, governmental activities, and child care center; essential services. In 1989, with the adoption of the Growth Management Plan, the Settlement Area was designated Agricultural/Rural- Settlement Area in the FLUE. The same list of permitted uses from the previous comprehensive plan, and reference to the "Zoning and Development Document," was included. In 1991, the GGAMP was adopted; it maintained the Agricultural/Rural - Settlement Area designation, the same list of permitted uses, and reference to the "Zoning and Development Document." In 1991, the PUD by Settlement (Orangetree PUD) was amended by Ordinance No. 91-43. Changes included: correct error in total site acreage, reducing it from 2,798 to 2,752.8 acres; delete one Residential classification; increase/decrease the number of dwelling units and acreage in the remaining three Residential classifications, but maintain the total approved dwelling units at 2, I 00; decrease Agricultural acreage; increase acreage for Community Use by converting 31 acres from Agriculture to Community Use for fairgrounds expansion; increase SchoollPark acreage by designating 11 acres within the Residential area as School/Park site to reflect a park site that had been previously approved by a site development plan, as allowed within the Residential area; increase Right-of-Way and Lake acreages substantially; modify certain residential development standards; add reservoirs/lakes as a permitted use in the Agricultural classification; add provision that precludes Collier County from requesting conveyance of the water and sewer facilities prior to January I, 2001; and, make corresponding changes to PUD Master Plan. It is unknown for certain but appears that DCA was not consulted about these changes; however, there were no increases in the major DR! threshold determinants (# ofDUs and amount of commercial development). In 1997, the County adopted the Evaluation and Appraisal Report-based amendments to the GMP. Changes to the Settlement Area included deleting the list of permitted uses and intensity thresholds, while maintaining reference to the "Zoning and Development Document." Subsequently, two private sector-initiated amendments to this District were approved (2001 and 2003). The purpose of the first amendment was to clarify allowed uses; the second was to clarify the ability to increase the use intensity beyond that which is "vested" (2,100 dwelling units and 22 acres of neighborhood commercial). The Settlement Area District allows land uses "vested" in 1986; these include 2,100 DUs and 22 acres/60,000 square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD - residential, commercial, community uses, etc. - but does not identify intensity thresholds; however, the District does reference the PUD, which includes those thresholds. But, the District states: "Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above-referenced vested status." Since the District does not include development intensity thresholds, and specifically provides that more dwelling units and commercial acreage may be added beyond that which the site is "vested" for, PUDZ-03-AR-4150, Orange Blossom Ranch 4 Agenda Item No. 88 Novennber 16, 2004 Page 11 of93 the proposed commercial and residential uses and intensities/densities may be found consistent with the GGAMP. Based upon the Rural Settlement Area District language, it is clear that, by omission, industrial land uses are not permitted within the District; further, industrial land uses are not presently "vested" in the District. Therefore, staff is of the opinion that: 1. The proposed residential uses and density, community facility and open space uses, and commercial uses, may be deemed consistent with the Rural Settlement Area District in the GGAMP. 2. All industrial uses (within the Commercial/Office Area) may not be deemed consistent with the Rural Settlement Area District in the GGAMP. Transportation Element: The Transportation Department has reviewed the applicant's Traffic Impact Statement (TIS) and has determined that the project will generate approximately 21,212 A verage Daily Traffic at the build-out of the project. However, many of the shopping and business trips that will be generated by the neighboring residential developments will likely be attracted to the proposed retail and office uses, rather than to similar uses along Immokalee Road. Because these trips will not use Immokalee Road, they are deemed to be "captured" trips for a large development instead of primary trips. As a result the PM Peak Hour trips are reduced from 2,049 to 1,365 PM Peak Hour Trips. The Level of Service (LOS) analysis indicates that the adjacent roadway network is projected to remain with the minimum adopted LOS standards in 2015 with the project traffic added. The TIS indicates that several roadway links will be significantly impacted (traffic volumes greater than 3 percent of the standard) by this project by 2015. However, the LOS will remain at acceptable standards with the committed road improvements. Conversely, Oil Well Road between Immokalee Road and the project site is the only link that the analysis projects to be adversely impacted by the project below the minimum LOS "0" standard. This adverse impact will occur because Oil Well Road is a 2-lane facility. The future road improvements in the area include widening Immokalee Road east of Collier Boulevard and the widening of Collier Boulevard south of Immokalee Road to 6-lanes. Given the traffic demands that are projected to occur both from Orangetree and the surrounding development including the proposed Ave Maria University, the Collier County Transportation Department has provided the following stipulation that has been incorporated Section 6.7 (L) of the PUD document as follows: In order to facilitate future right-of-way improvements for Oil Well Road, the Developer agrees to reserve an area for road right-of-way purposes of up to 100' in width along the project's entire frontage on Oil Well Road. This reservation area will consist of a maximum width of 75' along the northern right-of-way line, and up to a maximum width of 25' along the southern right-of-way line. The right-of way-needed for turn lanes, or any other transportation related improvements to access the site would be included in the maximum widths specified above. However, such portions of right of way shall be considered site related and will not qualify for impact fee credits. The Developer shall convey the desired area to the County within ninety (90) days after written notice from the County. Until such time as the developer conveys any of such area to the County, the Developer shall be permitted to provide landscaping and buffer plantings within the right-of-way reservation area. At the time of delivery of the deed conveying any of such area to Collier County, PUDZ-03-AR-4150, Orange Blossom Ranch 5 Agenda Item No. 88 November 16, 2004 Page 12 of93 the County shall remit to the Developer an amount equal to the fair market value as of the date of this approval of the MPUD. The fair market value shall be determined by an appraisal conducted by a certified appraiser selected by the Developer from the county's approved list of certified appraisers, and shall be based on zoning that was in place on the reservation area one day prior to the effective date of this MPUD. As noted above, Collier County has programmed roadway improvements for both lmmokalee Road and Collier Boulevard. These improvements will be completed by 2006, which is well before Orange Blossom Ranch reach reaches its build out. Therefore, the site generated traffic will require site access improvements including left and right turn lanes at the project entrances from Oil Well Road prior to the issuance of the first permanent certificate of occupancy. As a result of these improvements and the provision of the right-of-way along Oil Well Road. this petition is deemed to be consistent with Policies 1.3. 1.4. 5.1 and 5.2 of the Transportation Element. Conservation and Open Space Element - The MPUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas exceeds the Land Development Code (LDC) requirements. The Orange Blossom Ranch PUD will also achieve native vegetation preservation or re-vegetation requirements of the LDC by re-vegetation of native species in the preserve tracts, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Management Element - Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within utility easements shall be conveyed to the utility service provider of the service, pursuant to applicable Collier County Ordinances. The Developer agrees that locations for a total of no more than five (5) potable water well sites will be made available for use by Collier County Utilities for the Northeast Regional Water Treatment Facilities. Conceptual locations as agreed upon by the Developer and Collier County are shown on Exhibit A. Three (3) of these well sites will be utilized only for wellheads and consist of a well enclosed in a concrete vault structure, an above-grade electrical control panel with telemetry interface and a driveway for access. Two (2) of these sites will be utilized for wellheads, a control building and a driveway for access, and must be located on, or adjacent to a non-residential tract. The control building will include electrical equipment and an emergency power generator unit. The three (3) wellhead sites without the control building will be located within a 30' X 30' easement area. The two wellhead control building sites will be no more than 50' X 50' in dimension. Necessary pipeline and driveway easements will be granted. The County will landscape and maintain all sites to minimize impact in the community. The landscaping shall be compatible with that utilized in the Orange Blossom Ranch development. All driveway materials shall be similar to other driveways in the adjacent area. All concrete vault structures and control buildings shall be constructed to blend architecturally into the community. To the maximum extent possible pipeline easements as necessary for raw water transmission main shall be located by the County in proposed roadways, adjacent to proposed rights-of-way, or along platted property lines. All final well site and pipeline locations shall be communicated to the Developer during the platting process of the development. Multiple platting of the project may occur. The County agrees upon request of the Developer to modify and adjust final well site and pipeline locations to best accommodate the uses in the Orange Blossom Ranch MPUD, and to ensure that the proposed well field and pipelines are compatible with and do not interfere with neighboring properties. PUDZ-03-AR-4150, Orange Blossom Ranch 6 Agenda Item No. 88 November 16, 2004 Page 13 of93 ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Collier County Planning Commission (CCPC) to the Board of County Commissioners (BCC). These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's Future Land Use Plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Environmental Review - The Environmental staff has reviewed the project's application and has waived the requirement for the petitioner to submit an Environmental Impact Statement (EIS) because the entire site has been cleared for agricultural purposes. As a result, this petition was not required to go to the Environmental Advisory Council (EAC) meeting. Transportation Department Review - The Transportation Department has recommended approval subject to the following: The Developer agrees to reserve an area for road right-of way-purposes of up to 100' in width along the project's entire frontage on Oil Well Road. This reservation area will consist ofa maximum width of75' along the northern right-of-way line, and up to a maximum width of 25' along the southern right-of-way line. The right-of-way needed for turn lanes, or any other transportation related improvements to access the site would be included in the maximum widths specified above. However, such portions of right-of-way shall be considered site related and will not qualify for impact fee credits. Zoning Review - The subject property is within the Settlement Area District Designation as identified on the Future Land Use Map, which permits a wide variety of land uses, including commercial, residential, community facility and recreation. The total acreage of the MPUD is 616 :l:: acres. The maximum number of dwelling units to be built on the total acreage is 1,600. The number of dwelling units per gross acre, less the 446 acre Commercial/Office area, is approximately 2.8 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. No maximum densities have been established in the Settlement Area District. The subject PUD proposes the inclusion of community shopping and office development that will serve the surrounding area, on approximately 44 acres. The maximum gross leasable area for commercial uses shall be 200,000 square feet. These uses are consistent with the Settlement Area District of the Future Land Use Element and Golden Gate Area Master Plan in that these areas meet the criteria outlined in the Future Land Use Element, Golden Gate Area Master Plan, and Subsection 2.2.20.3.14 of the Land Development Code (LDC). In addition, the subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. Furthermore, the project development is compatible and complementary to existing and PUDZ-03-AR-4150, Orange Blossom Ranch 7 Agenda Item No. 88 November16,2004 Page 14 of 93 future surrounding land uses while proposed improvements are planned to be in compliance with applicable sections of the Collier County LDC. The PUD development standards require that the single-family residential structures provide a minimum front yard setback of 20 feet and for front entry garages a minimum of 23 feet shall be provided from the garage to the edge of the sidewalk. The rear yard setback is 15 feet while the side yard setback is 6 feet. For multi-family structures, the distance between structures is 20 feet. The maximum height is limited to 35 feet for single-family and 45 feet for multi-family. These setback requirements are similar to other approved residential projects in Collier County. The PUD document indicates that proposed commercial buildings shall be consistent with the architectural standards of Section 2.8 of the LDC. Lastly, The Southwest Florida Regional Planning Council reviewed this petition to see if it qualified as a Development of Regional Impact (DRI). As noted in their letter of August 20,2003, they have determined that the proposed mixed-use project does not constitute a DRI (Exhibit "C"). Utility Infrastructure - The Utilities Department has recommended approval subject to the following: Easements shall be provided to Collier County Utilities for five separate well field locations. These well sites will be spaced a minimum of V4 mile apart. These facilities will be within the access roadway's Collier County Utility easement. These easement areas will be provided to Collier County Utilities upon request. Development of the land will proceed on the basis of connection to the local sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned, and maintained in accordance with the current Collier County ordinances. Water management facilities will be constructed to meet current County Ordinances. These facilities will be reviewed and approved as a function of obtaining subsequent development order approvals. The petitioner has agreed to these conditions and has incorporated these recommendations into the PUD document. The Collier County Water Sewer District will be the potable water and sanitary sewer service provider in the year 2012. The Orangetree Utility will be the provider during the interim years. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Jmmokalee Road. Shopping centers and medical offices as well as various specialty stores are permitted uses within the PUD and are all within a short driving distance. In addition, the subject PUD Master Plan indicates that Community Facilities are permitted including a County Park facility around the lake site in the northeast corner of the project. Public Information Meeting: The petitioner held a Public Information Meeting on November 25, 2003, at the Corkscrew Middle School. Approximately 8 persons attended the presentation given by petitioner. Several persons expressed concern that the project over would adversely increase traffic on Oil Well Road. Others expressed concern for adequate water and sewer service if this project is developed. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUDZ-03- AR-4150 subject to the conditions of approval that have been incorporated in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PUDZ-03-AR-4150, Orange Blossom Ranch 8 Agenda Item No. 88 Novennber 16, 2004 Page 15 of93 PREPARED BY: RA Y BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DA TE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE REZONE FINDINGS PETITION PUD-03-AR-4150 Division 2.7.2.5. of the Collier Comity Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: PUDZ-03-AR-4150, Orange Blossom Ranch 9 Agenda Item No. 88 November 16, 2004 Page 16 of93 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the GMP. The subject property is designated Agricultural/Rural - Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). The Settlement Area District allows land uses "vested" in 1986; these include 2,100 DUs and 22 acres/60,OOO square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD - residential, commercial, community uses, etc. - but does not identify intensity thresholds; however, the District does reference the PUD, which includes those thresholds. But, the District states: "Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above- referenced vested status." Since the District does not include development intensity thresholds, and specifically provides that more dwelling units and commercial acreage may be added beyond that which the site is "vested" for, the proposed commercial and residential uses and intensities/densities may be found consistent with the GGAMP. Based upon the Rural Settlement Area District language, it is clear that, by omission, industrial land uses are not permitted within the District; further, industrial land uses are not presently "vested" in the District. Therefore, staff is of the opinion that the revised PUD document is consistent with the GMP and the GGAMP. 2. The existing land use pattern. Surrounding: North -Vacant farmland and zoned Orangetree PUD. East - Developed single-family and zoned Estates (E). South -Golf Course and residential and zoned Orangetree PUD West- High School and residential that is zoned Orangetree PUD 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezone from the Orangetree PUD to the Orange Blossom Ranch PUD is of sufficient in size and located within the Golden Gate Area Master Plan that permits the proposed uses. Therefore, the subject petition 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 con~istency with the FLUE. EXHIBIT "A" 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The Proposed mixed-use PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. PUDZ-03-AR-4150, Orange Blossom Ranch 10 Agenda Item No. 88 Novernber16,2004 Page 17 of 93 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed project is appropriate since the area is developing with a mix of commercial and residential uses. The petitioner contends that because the existing and projected growth in the area, the proposed PUD is necessary to provide the necessary facilities to meet the demand. Furthermore, the subject property is located in a area that permits the proposed uses and intensities. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the neighboring properties due to the project's consistency with the GMP and compatibility with neighboring properties. The proposed rezone will have no significant impact on any adopted level of service standard with the proposed road improvements to Jmmokalee Road and the additional right-of-way provided along Oil Well Road. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety . Evaluation of this project took into account the requirement for consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP. These are policy statements advising that this project when developed will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, the Orange Blossom Ranch PUD has been reviewed for consistency with the applicable regulations and required to mitigate all surface drainage generated by developmental activities as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, PUDZ-03-AR-4150, Orange Blossom Ranch 11 Agenda Item No. 88 November 16, 2004 Page 18 of93 corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed uses and applicable development standards within this PUD are consistent with all Collier County requirements. As a result, staff is of the opinion that the proposed mixed-use PUD will not adversely impact 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 undeveloped properties nearby the proposed Orange Blossom Ranch PUD should not be affected by the requested zone change in that the project meets all level of service standards, is compatible with Golden Gate Area Master Plan. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the GMP. In light of this fact the proposed PUD does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing GGAMP and the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD 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. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. PUDZ-03-AR-4150, Orange Blossom Ranch 12 Agenda Item No. 88 Novernber16,2004 Page 19 of93 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 area within the subject site affected by the proposed rezone is currently structured and consistent with the Future Land Use Element to receive such development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. FINDINGS FOR PUD PUD-03-AR-4150 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: PUDZ-03-AR-4150, Orange Blossom Ranch 13 Agenda Item No. 88 November 16,2004 Page 20 of 93 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. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Orange Blossom Ranch PUD 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 Orange Blossom Ranch PUD 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 Golden Gate Area Master Plan. 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. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC to assure harmonious relationships between projects automatically regulates external relationships. EXHIBIT "B" 5. The adequacy of usable 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 provisions ofthe Land Development Code. PUDZ-03-AR-4150. Orange Blossom Ranch 14 Agenda Item No. 88 Novennber16,2004 Page 21 of 93 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 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. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, this petition will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. 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. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. PUDZ-03-AR-4150. Orange Blossom Ranch 15 CO'<t(l") --c;> 0 O"l 0_ NO . <.ON E..-N alL-Q) ;:::Q)O) ctl.o ro -OED.. cQ) Q)> 0)0 <(z -.- / - -.- ~ i ! I e ~ d , @ .' ... n D- c:( ~ w ..... - en o II) .... ~ , a: < , C") o o N , N o :::l 0.. :a: z o l- I- W 0.. D- c:( ~ z o - ..... c:( U o ....J Agenda Item No. 88 Novennber16,2004 __ ____ Pal;le 23 of_~~ PUDZ-2003-AR-4150 PROJECT # 2002120036 DATE: 5/27/2003 RAY BELLOWS APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Bryan W. Paul Applicant's Mailing Address P.O. Box 2357. Hwv 78 - A City Labelle State Florida Zip 33935-2357 Applicant's Telephone # (863) 675-4410 Fax # (863) 675-4570 Name of Agent D. Wayne Arnold Firm O. Grady Minor & Associates. P.A. Agent's Mailing Address 3800 Via Del Rev City Bonita Springs 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 1 Agenda Item No. 88 Novennber16,2004 Page 24 of 93 Name of Agent Anthony P. Pires Firm Woodward. Pires & Lombardo. P.A. Agent's Mailing Address 3200 Tarniami Trail North Suite 200 City Naoles State FL Zip 34103 A2ent's Teleohone # (239) 649-6555 Fax # (239) 649-7342 2 Agenda Item No. 88 November16,2004 Page 25 of 93 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary.) Name and Address 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 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 of Interest 3 Agenda Item No. 88 Novennber16,2004 Page 26 of 93 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 of Ownership Please see attached Exhibit "Au 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. Date of Contract: Name and Address Percentage of Ownership 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 0 leased 0 Term of lease yrs.lmos. If Petitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date and 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 by the apolication: (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. 4 Agenda Item No. 88 November16,2004 Page 27 of 93 Applicant shall submit four (4) copies of a 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. Section: 13. 14 & 24 Township: 48 Range: 27 Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Please see attached document Metes & Bounds Description: Please see attached legal description 4. Size of property: ft. x ft. = Total Sq. Ft. Acres :t 6]6 5. Address/2eneral location of sublect property: Prooortv is located on the north and south sides of Oil Well Road approximatelv 1 mile east of Immokalee Road. 6. Adiacent zonin2 and land use: Zoning Land Use NPUD Citrus Grove SPUD Valencia Golf Course EE Golden Gate Estates WPUD Waterwavs residential and Collier County High School 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). Yes Section: 11. 12. 13. 14 & 24 Township: 48 Range: 27 Lot: Block: Subdivision: Plat Book: Page #: Property 1.0.#: Please see attached document 5 Agenda Item No. 88 Novennber 16, 2004 Page 28 of 93 Metes & Bounds Description: Please see attached legal description 7. Rezone Reauest: This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present use of the property: Citrus grove Proposed use (or range of uses) of the property: Mixed use Residential and Commercial Planned Development 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the 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 describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. 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 sublect DrODertv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Yes. Growth Manaeement Plan Amendment CP-2002-04 ,-, 6 Agenda Item No. 88 Novernber16,2004 Page 29 of 93 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. Name of Applicant: Bryan W. Paul 2. Mailing Address: P.O. Box 2357. Hwv 78 - A City Labelle State Florida Zip 33935-2357 3. Address of Subject Property (if available): 4. Legal Description: Section: 13. 14 & 24 Township: 48 Range: 27 Lot: Block: Subdivision: Plat Book: Page #: ownership document Property 1.D.#: Please see attached oropertv Metes & Bounds Description: Please see attached le2al description 5. Type of sewage disposal to be provided (check applicable system): a County Utility System b. City Utility System c. Franchised Utility System Provide Name Orangetree Utilities d. Package Treatment Plant (GPD capacity) Temporary based on ohased demand e. Septic System D IZI !:81 D D 6. Type of water service to be provided: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name Orangetree Utilities d. Private System (Well) Total population to be served: D D D o 7. 8. Peak and Average Daily Demands: A. Water - Peak 150 GPD B. Sewer - Peak 150 GPD 500.000 GPD 500.000 GPD Average Daily Average Daily 7 Agenda Item No. 88 Novennber16,2004 Page 30 of 93 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 bO\U1daries 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 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 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. The subject property is within the franchise service area of Orangetree Utilities and service has been established in the franchise agreement and in the Orangetree PUD document. The applicant may elect to construct temporary water and wastewater facilities concurrent with phasing of the project 8 Agenda Item No. 88 November 16, 2004 Page 31 of93 PUD REZONE APPLICATION SUBMITTAL CHECKLIST This completed checklist is to be submitted with application packet! Requirements # of Required Not Copies Reauired 1. Completed Application 24 X 2. Copy of Deed(s) and list identifying Owner(s) and all 1 X Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 24 X 5. Conceptual Site Plans 24 X 6. Environmental Impact Statement (ElS) 4 X 7. Aerial Photo2I'al>h (with habitat areas identified) 4 X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement (TIS) 4 X 10. Historical & Archaeological Surveyor 4 X Waiver Application 11. Copies of8tate and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Check shall be made payable to -- X Collier County Board of Commissioners 14. Other Requirements- 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. '~.\~~ Agent! Applicant Signature 9 .../ '. . Agenda Item No. 88 ~b~l16,2004 . ~ai320f93 J- . " // THIS INSTRUMENT PREPARED BY: W. ROY WILKES, Attorney at Law P. 0, Box 1590 . Lake Placid, Florida 33852 Florida Bar No: 0608475 TE: 813-699-2222 PROPERTY APPRAISER'S PARCEL l.D NO: '24_48-27/210&50004 1946334 OR: 2068 PG: 0706 RJCORD1D in OPlICIAL-RlCORDS of COLLI)I COUI'Y, pt 06/12/95 at 01:SGPK DWIGBT I. BROCl, CLIRI COIS 90000.00 iJC l11 15.00 'DOC..70 610.00 WARRANTY DEEDRetn: .... K DAVID ALllARDll P 0 BOl 119 THIS INDENTURE, made this 1st day of AUgust,Vl~~~'JblJaWVA.N PAUL and TOM SHIRLEY GROVES, a Florida ~neral Partnership, and BRYAN PAUL and THOMAS'SHIRLEY, individually, parties of the first part, and BRYAN W. PAUL, whose post office address is Post Post Office Box 2274, LaBelle, Florida' 33935 , party of the second part. ~ WITNESSETH, That said parties of the first part, for and in consideration of the sum of TEN ($10.00) Doilars, and other good and valuable considerations to them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold and tranSferred, and by these presents, do grant, bargain, sell and transfer unto . . the party of the second part, his heirs or assigns forever, the following described land, situate, lying and being in Collier County, Florida, to-wit: . PUDZ-2003-AR-4150 PROJECT # 2002120036 DATE: 5/27/2003 RAY BELLOWS SEE A TIACHED EXHIBIT "An SUBJECT to 1994 taxes, restrictions, reservations and easements of record, if any. . . . And the said panies of the frrst part do hereby fuJl y . warrant the. ti tie to said land, and wll1 defend the same against the lawful claims of all persons whomsoever, except that this conveyance is subject to current taXes, easements, restrictions andior conditions of record. I I Agenda Item No. 88 Novernber16,2004 Page 33 of 93 ;;5:S:to' 6 3 . ;..L..!ER COUNTY 1992 ff.~l5 P.' 12: 06 REcaRDED 1690 OR BOO K . Agenda Item No. 88 . . Nt}'Ef1nB3~ 1 ~ 1904 J UP~g~~of93 R 'J.--PAGE . .. l. ..... WARRANTY DEED THIS INDENTURE is made this 20th day of February, 1992, between BRYAN PAUL, Indiviciually and as Trustee, P.. O. Box 2357,' ~. .LaBelle, Hendry County, ~lorida 33935, as Grantor, and BRYAN PAUL, . Individually, P. O. Box 2357, LaBelle, Hendry County, Florida , . 0 33935, as Grantee. WITNESSETH: J:> 1,,0' That the Grantor, for and in consideration of the sum of TEN AND NO/lOa DOLLARS ($10.00) an~.other valuable consideration, to Grantor in hand paid by the Grantee, the ~eceipt whereof is hereby acknowledged, has granted,. bargain~d, and s~ld to Grantee, Grantee's heirs and assigns forever, 'the land in Collier County, Florida, which is described in Attachmen't' A'.... . THIS CONVEYANCE IS MADE SUBJECT TO:. I 1. years. 2. Zoning ordinances, zoning agreements, restrictive c~venants, rest~ictions, reservations,. resolutions! . rules, regulations, agree~ents which affect the land, and limitations of 'record and public ~tility and private easements of record, if any. Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. .. Real estate taxes for the.year 1992 and all subsequent IN WITNESS WHEREOF, Grantor has executed this deed under seal on the date noted below. WITNESSES: .7h.~~~ Name: /ILl$' .vAl/oS "/! /J ti ..d: ~ .~# I ,,// :7 J . '. - (/~. . ,).. '. ~~~~iVidUallY and as Trustee PUDZ.2003.AR-4150 PROJECT # 2002120036 DATE: 5/27/2003 RAY BELLOWS .,_"./0 / ..... 1690 OR BO;(J~ ......_. . Agenda ).tem No. ~8 ~ .~.oveml>J30Hll{) ~ Page 1'5 of 3 PA.GE All that part of Section 24, Township 48 South, Range 27 East, Collier County, Florida; Commencing at the nor.thwest corner of 'seotion. 24, ~Township 48 South, Range 27 East; . thence along the North line of seotion 24, South 88' -05' -56 tI 1 East 1928.19 feet; .' . . thence leaving said North line South 010-54'-04" West 50,00 reet to the S.outh Right-of-Way line of C.R.' 858 (Oil Well Road); . . thence along said South Right-ot-Way line South. 88"-05'-56" East. 720.00 feet to the POINT OF BEGINNING of tbe parcel her~in des6r1bed: . . . thence continuing along saia South Right-or-Way line 'South B8'-OS'-S6" East 30.00 feet; . . thence continue along sa.id South '.Right-of-Way 11ne South . 88 · - 51 ' - 25/1 Ea.s t 892. 4 8 f ee.t ; . thence leaving sa1ti South .Right-of-Way line South 010-49'-15/1 West 216J.91 feet; . thence North 85'-58'-32" West 117.57 feet; thence South 640-04'-Oa" West 230.00 feet; thence North 44' -4 6 "-41 II West 69.6.83 feet; . thence North 29-'-11'-00" West 151.46 feet; thenoe North OP-49'-lS" East 1578.17 feet to said South. Right-of-Way l1n.e of oil Well Roati and the POUlT OF BEGINNING of the paroel herein described; being a'part ot Seotion 24, Township 48 South, Range 27 East, Collier County, Florida; . SUbject to easem'ents and restrictions of reoord; 'containing 42.44 acres more or less; bearings are based on the .northeast 1/4 section line ot said. Section 24, being South 880-51'-25" East. ". ATTACHMENT A .:~. ~ ..... '~"....'" rt. -.je~ 6 ~,~ dO.o..~ v.~ ~~~~'f'. ~ o~:r\'V~ ~s. c; \f\ ~ V'" u\~ -N..\"\~ ~ C. . V" )~\'l'~ Agenda Item No. 88 Novennber16,2004 Page 36 of 93 ORDINANCE NO. 04-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLffiR COUNfY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLffiR COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLffiR COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO PUD ZONING DISTRICT FOR A MIXED USE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE ORANGE BLOSSOM RANCH PUD LOCATED ON THE NORTH AND SOUTII SIDES OF OIL WELL ROAD (C.R. 858) APPROXIMATELY ONE MILE EAST OF IMMOKALEE ROAD (C.R. 846) IN SECTIONS 13, 14, AND 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLffiR COUNTY, FLORIDA, CONSISTING OF 616j: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, representing Bryan W. Paul, petitioned the Board of County Conunissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNfY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13, 14, and 24, Township 48 South, Range 27 East, and Section 19, Township 48 South, Range 28 East, Collier County, Florida, is changed from a PUD Zoning District to a PUD Zoning District for a mixed use Planned Unit Development in accordance with the Orange Blossom PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein identified as PUD-2003-AR-4l50. The appropriate Official Zoning Atlas Map or maps, as described in Ordinance Number 04-41, as amended. the Collier County Land Development Code. are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page I of 2 Agenda Item No. 88 Novernber16,2004 Page 37 of 93 Florida, this _ day of ,2004. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ArrEST: BY: DONNA FIALA, CHAIRMAN D~GHTE.BROCK,CLERK Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney PUDZ.2003.AR-4150RBllolsp ORANGE BLOSSOM RANCH A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: Bryan Paul Citrus, Incorporated P.O. Box 2357 Hwy 78 - A Labelle, FL 33935-2357 PREPARED BY: Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 and Woodward, Pires and Lombardo, P.A. 3200 Tamiami Trail North Suite 200 Naples, FL 34103 DATE REVIEWED BY CCPC DA TE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE EXHIBIT "A" C:\AdLib eXpress\ WorklradC8AE3.tmp.doc Agenda Item No. 88 November 16, 2004 Page 38 of 93 Agenda Item No. 88 November 16, 2004 Page 39 of 93 C: \AdLib eXpress\ W ork\radC8AE3. Imp. doc EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" - LIST OF EXHIBITS Conceptual Master Plan and Water Management Plan Legal Description Property Ownership Information C:\AdLib eXpress\Work\radC8AE3.tmp.doc ij Agenda Item No. 88 November16,2004 Page 40 of 93 Agenda Item No. 88 November 16, 2004 Page 41 of 93 STATEMENT OF COMPLIANCE The development consists of 616:1: acres of property in Collier County as a Mixed Use Planned Unit Development (MPUD) to be known as the Orange Blossom Ranch MPUD, which will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan (GMP). The Orange Blossom Ranch MPUD is a mixed-use residential community with associated community facility, recreational, and commercial uses and will be consistent with the applicable elements of the Collier County GMP for the following reasons: 1. The subject property is within the Settlement Area District Designation as identified on the Future Land Use Map, which permits a wide variety of land uses, including commercial, residential, community facility and recreation. 2. The total acreage of the MPUD is 616 :I: acres. The maximum number of dwelling units to be built on the total acreage is 1,600. The number of dwelling units per gross acre, less the 44:1: acre Commercial/Office area, is approximately 2.8 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. No maximum densities have been established in the Settlement Area District. The MPUD proposes the inclusion of community shopping and office development which will serve the surrounding area, on approximately 44 acres. The maximum gross leasable area for commercial uses shall be 200,000 square feet. These uses are consistent with the Settlement Area District of the Future Land Use Element and Golden Gate Area Master Plan in that these areas meet the criteria outlined in the Future Land Use Element, Golden Gate Area Master Plan, and Subsection 2.03.06 of the Land Development Code (LDC) ). 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 4. 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. 5. Improvements are planned to be in compliance with applicable sections of the Collier County LDC as set forth in Objective 3 of the Future Land Use Element. 6. 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 ofthe Public Facilities Element. 7. All final local development orders for this project are subject to Chapter 6, Adequate Public Facilities, of the Collier County LDC. C \AdLib eXpress\ W orklradC8AE3. tmp.doc 111 Agenda Item No. 88 November 16,2004 Page 42 of 93 SECTION I PROPERTY OWNERSHIP AND GENERAL 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 the Orange Blossom Ranch MPUD. 1.2 LEGAL DESCRIPTION Please see Exhibit "B", Legal Description. 1.3 PROPERTY OWNERSHIP Please see Exhibit "C", Property Ownership. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located to the north and south of Oil Well Road, north of the developed portions of the Orangetree PUD. The property lies approximately 7 miles east of C.R. 951 (Collier Boulevard) and approximately Y2 mile east of C.R. 846 (Immokalee Road). B. The zoning classification of the project prior to approval of this MPUD document was PUD, as part of the Orangetree PUD. 1.5 PHYSICAL DESCRIPTION A. The project lies within Collier County Main Golden Gate Canal Basin. B. Water management facilities for the project shall be designed and constructed with discharge via the Golden Gate Canal subject to approved SFWMD permit(s), C. Elevations within the site vicinity are flat. The elevation of the subject site is approximately sixteen feet (16') above mean sea level. The entirety of the site lies within Flood Zone "D" according to Firm Map # 120067 250 D, revised June 3, 1986. D. Surficial sediments on, and in the vicinity of the project, are primarily fine quartz sands and organic loams over shallow limestone bedrock. Specific soil types found on the project include: malabar fine sand, basinger fine sand and boca fine sand. E. The subject property at the time of rezoning is currently in active citrus production. No native vegetation exists on-site. C: \AdLib eXpress\ W ork\radC8AEl tmp.doc 1-1 Agenda Item No. 88 Novennber 16, 2004 Page 43 of 93 1.6 PROJECT DESCRIPTION The MPUD is a mixed-use residential single family and multi-family community with a maximum of 1,600 units designated "RIG" dwelling units and 200,000 square feet of commercial and office leasable area within areas designated "C/O" on the master plan. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, community facility uses, commercial uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, appropriate screeninglbuffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Orange Blossom Ranch MPUD". C\AdLib eXpress\Work\radC8AE3.tmp.doc 1-2 Agenda Item No. 88 November 16, 2004 Page 44 of 93 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to 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. Development of the MPUD shall be in accordance with the contents of this Planned Unit Development Document and, to the extent not inconsistent with this MPUD Document, applicable sections of the Collier County LDC, as amended, in effect at the time of issuance of any development order to which such regulations relate, such as but not limited to 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 County 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 all graphic material presented depicting restrictions for the development of the Orange Blossom Ranch MPUD shall become part of the regulations which govern the manner in which the MPUD site may be developed. D. Except as modified, waived or excepted by this MPUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this MPUD will be subject to concurrency review under the provisions of Chapter 6, Adequate Public Facilities, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated by Exhibit "A", the MPUD Master Plan. The specific location and size of individual tracts and the assignment of dwelling units (uses) thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space areas will depend on the actual requirements for water management, roadway pattern, and dwelling unit size and configuration. C:\AdLib eXpress\Work\radC8AEltmpdoc 2-1 Agenda Item No. 88 Novennber16,2004 Page 45 of 93 2.4 ROADW A YS A. Roadways within the Orange Blossom Ranch MPUD may be privately owned and maintained or owned or operated and maintained by a community development district. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this MPUD or approved during subdivision plat approval. The developer reserves the right to request substitutions to the LDC design standards in accordance with Chapter 10 of the LDC. The developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate on all internal and privately, or CDD owned, or operated and maintained project roadways. B. Roadways within the Orange Blossom Ranch MPUD shall be designed and constructed in accordance with Chapters 4 and 6 of the LDC with the following substitutions: C. Deviations from Construction Standards Streets and access improvements I. Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. The publicly accessible roadway corridor which provides for an interconnection between Oil Well Road and the CF designated lake parcel shall be permitted to be sixty (60) feet in width. 2. Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 3. Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. D. Other Deviations Sidewalks, bike lanes and bike paths C: \AdLib eXpress\ W ork\radC8AE3. tmp doc 2-2 Agenda Item No. 88 November 16, 2004 Page 46 of 93 1. Chapters 4 and 6 of the LDC, The publicly accessible entry road extending from Oil Well Road to the CF designated parcel shall have a minimum eight foot (8') wide pathway on one side of the street, or a 5 foot wide pathway on both sides of the street which may meander in and out of the right-of-way. 2.5 LAKE SETBACK AND EXCA V AnON The lake setback requirements described in Subsection 3.05.10 of the LDC may be reduced subject to the provisions established in Subsection 3.05.10 and of the LDC. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Subsection 3.05.10 of the LDC and subject to permit approval of the South Florida Water Management District. 2.6 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for all or part of the MPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan, the Collier County LDC and the platting laws of the State of Florida. B. Exhibit "A", the MPUD Master Plan, constitutes the required MPUD development plan. Any division of property and the development of the land shall be in compliance with Chapter 10 of the Collier County LDC and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Collier County LDC shall apply to the development of all platted tracts or parcels of land as provided in said Chapter prior to the issuance of a building permit or other development order. D. Utilization of lands within all project public rights-of-way for landscaping, gatehouses access control features, decorative entrance ways, architectural features and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations of plant material or construction. Private and community development district owned rights-of-way may be utilized for landscaping, gatehouses access control features, decorative entranceways, architectural features and signage at the discretion of the developer. E. Utility, road, public and private easements shall be established as required during the site development plan and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. C\AdLib eXpress\Work\radC8AE3tmpdoc 2-3 Agenda Item No. 88 November 16, 2004 Page 47 of 93 2.7 MODEL HOMES, MODEL SALES OFFICE AND CONSTRUCTION OFFICE A. Model homes sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout the Orange Blossom Ranch MPUD. These uses shall be subject to the requirements of Subsection 5.04.04, Subsection 10.02.05 C and Subsection 10.02.03 ofthe LDC. B. Model homes may be permitted in single family, multi-family and townhome buildings and up to 8 single family and/or one 8-unit multi family building per platted tract or area subject to site development plan approval may be utilized for wet or dry models, subject to the time frames specified in Subsection 5.04.04 of the LDC. 2.8 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Amendments may be made to the MPUD Document and MPUD Master Plan as provided herein and in Subsection 10.02.12 of the LDC. 2.9 COMMON AREA MAINTENANCE Common area maintenance shall be provided by a property owners' association or community development district (COD). The association or CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by association or COD, the developer will create a property owner association(s), or condominium association(s) whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The master, or the property owners' association, or CDD, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and storm water management systems serving the Orange Blossom Ranch MPUD. 2.10 DESIGN GUIDELINES AND STANDARDS Planned unit development districts are intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts ofland under unified ownership or control, as set forth in Subsection 2.03.06 of the LDC. Commercial components of the project shall be subject to Chapter 5 of the LDC. 2.11 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Orange Blossom Ranch MPUD. General permitted uses are those uses which generally serve the developer, property owners and residents of the Orange Blossom Ranch MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the Collier County LDC, Subsection 2.01.03. C:\AdLib eXpress\ Work\radC8AE3.tmp.doc 2-4 Agenda Item No. 88 November 16, 2004 Page 48 of 93 2. Water management facilities and related structures. 3. Temporary water and sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, architectural subdivision entry features and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses in accordance with the Collier County LDC in effect at the time permits are requested unless otherwise specified herein. 8. Model homes sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate or such as, but not limited to, pavilions, parking areas, and signs. These uses shall be subject to the requirements of Subsection 5.04.04, Subsection 10.02.05 C and Subsection 10.02.03 of the LDC. 9. Landscape features including, but not limited to, landscape buffers, berms, fences and walls in accordance with the Collier County LDC in effect at the time permits are requested unless otherwise specified herein. 10. Agricultural uses and related accessory uses. However, agricultural operations shall cease upon recordation of a plat or approval of a site development plan for a specific tract. II. Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible. B. Development Standards Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15'). Guardhouses, gatehouses, fences, walls, columns, decorative architectural features and access control structures shall have no required setback. 2. Setback from exterior property lines - One half (V2) the height of the structure. C:\AdLib eXpress\Work\radC8AE3.tmpdoc 2-5 Agenda Item No. 88 November 16,2004 Page 49 of 93 3. Minimum distance between structures, which are part of an architecturally unified grouping -' Ten feet (10). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Maximum Height - Thirty feet (30') for guardhouses and decorative architectural features. 8. Sidewalks, bike paths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bike path, or cart path. 2.12 OPEN SPACES REQUIREMENTS Subsection 4.02.01 of the LDC requires that mixed-use PUDs provide a minimum of 30% open space. At the time of site development plan or plat approval, the developer shall demonstrate compliance with this requirement. For purposes of this requirement, a minimum of 10% of the C/O area shall be open space. 2.13 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Orange Blossom Ranch MPUD. A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4: 1 2. Ground covered berms Perimeter 3:1 Internal to project 3: 1 3. Structural walled berms - vertical Fence or wall maximum height: Six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation. C\AdLib eXpress\Work\radC8AE3 tmp doc 2-6 Agenda Item No. 88 Novennber 16, 2004 Page 50 of 93 SECTION III RESIDENTIAL/GOLF "RIG" 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Orange Blossom Ranch MPUD designated on the Master Plan as "RIG", Residential/Golf. 3.2 MAXIMUM DWELLING UNITS A maximum of 1,600 dwelling units of various types may be constructed within areas designated RIG on the Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "RIG," Residential/Golf on the Master Plan are designed to accommodate a full range of residential dwelling types and general permitted uses as described by Section 2.11 and a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential/golf development is indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan in accordance with Chapter 4, ofthe LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family attached and detached dwellings, town homes. 2. Single family patio and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Multi-family dwellings including coach homes and garden apartments. 5. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. C:\AdLib eXpress\ W ork\radC8AE3tmpdoc 3-1 Agenda Item No. 88 Novennber 16, 2004 Page 51 of 93 6. Golf courses and golf course related clubs and facilities, including clubhouses, restaurants, pro shops, tennis courts, swimming pools and similar recreational facilities. 7. Indoor and outdoor recreation facilities, including but not limited to community centers, swimming pools, tennis courts, and the like. 8. Gazebos, architectural features, fishing piers, courtyards, golf course shelters. 9. Indoor parking facilities and outdoor parking lots. 10. Those uses outlined in Section 2.11.A herein. 11. Collier County Public Schools -Educational facilities limited to a maximum single 20 acre tract located only in the area on the north side of Oil Well Road contiguous to Oil Well Road. The location of the C/O area may be modified or adjusted if a Collier County public school is located in this limited designated area. Such modification or adjustment is and shall be deemed to be an insubstantial change to the MPUD Document and MPUD Master Plan B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. No accessory structures associated with a Collier County public school are allowed or permitted. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for the residential land uses within the Orange Blossom Ranch MPUD RIG Development Area. B. Site development standards for single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to parcel boundaries. C. Standards for parking, landscaping (excluding landscape buffer width), signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. C:IAdLib eXpressIWorklradC8AE3.tmp.doc 3-2 Agenda Item No. 88 November 16,2004 Page 52 of 93 D. Development standards for uses not specifically set forth in this Section shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. E. During the platting process, the developer shall identify the specific housing type intended for each platted tract. F. Development standards for non -residential uses within RIG Designated Areas of the Conceptual Master Plan 1. Minimum lot area- None required. 2. Yard requirements: a. Front: 25 feet b. Side: 10 feet c. Rear: 0 feet if abutting a golf course or lake, 20 feet if abutting a residential tract. However no structure shall be permitted to encroach into a lake maintenance easement. 3. Maximum heights: 40 feet not to exceed 3 stories. 4. Parking requirements for non-residential uses a. Golf club, golf related facilities, restaurants, pro shops, tennis facilities and spa - 3 spaces for every one thousand (1,000) square feet of gross floor area of the golf club. If a restaurant is open to the general public, then parking for the restaurant use shall be provided in accordance with UDC parking provisions. For purposes of this Section, the calculation of gross floor area shall not include under-building parking or cart storage facilities. b. Accessory uses and structures - No separate parking area is required for any accessory use within the "RIG" area. 5. Building Separation: Principal buildings shall be separated a minimum 15 feet. Principal buildings may be attached to accessory structures, such as covered walkways, pergolas and similar structures commonly used to provide for pedestrian protection. 6. Signage shall be consistent with provisions of Subsection 2.03.06 and Subsection 5.06.04 of the LDC, and may be permitted at the locations conceptually shown on the Master Plan. 7. Landscaping shall be in accordance with Subsection 4.06 of the LDC. C\AdLib eXpress\Work\radC8AEltmp.doc 3-3 Agenda Item No. 88 November 16, 2004 Page 53 of 93 TABLE I ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT STANDARDS FOR "RIG" RESIDENTIAL AREAS PERMITTED USES Single Zero Lot Line Two Family and Single Multi- AND STANDARDS Family *7 Duplex Family Family Detached Attached Dwellings and Townhouse Category ] 2 3 4 5 Minimum Lot Area 4,200 SF 4,000 SF 3,500*2 1,700 SF 9,000 SF Minimum Lot Width *3 42' 40' 35' ]7' 90' Minimum Lot Depth 100' ]00' ]00' 100' 100' Front Yard*6 20' 20' 20' 20' 20' Side Yard 6' 00r6'*4 o or 6' o or *4 ] 5' Rear Yard 15' ] 5' ] 5' 15' ] 5' Rear Yard Accessory * 1 10' ]0' 10' 10' 10' Maximum Building 45 feet Height not to exceed 3 35 feet 35 feet 35 feet 35 feet stories Distance Between Detached Principal Structures * 5 12' 12' ]2'*5 ]2' 20'*5 Floor Area Min. (S.F.) ] 000 SF 1000 SF 1000 SF , 1000 SF 750 SF i All distances are in feet unless otherwise noted. "j - Rear yards for accessory structures on lots and tracts which a abut lake or golf course may be reduced to 0 feet; however, there shall be no encroachment into a maintenance easement. "2 - Each half ofa duplex unit requires a lot area allocation on,500 square feet for a total minimum lot area on,ooo square feet "3 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained "4 - Zero foot minimum side setback on one side as long as a minimum 12-foot separation between principal structures is maintained. "5 - Building distance may be reduced at garages to a minimum of 10 feet between garages where attached garages are provided. "6 - Front entry garages shall be set back a minimum of 23 feet from edge of any provided sidewalk. Aminimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage. For comer lots, front setbacks shall apply to short side of lot The set back on the long side of lot may be reduced to a minimum of 15 feet "7 - A conceptual plan for any tract utilized for zero lot line development shall be approved concurrent with a plat for the tract CIAdLib eXpressIWorklradC8AE3.tmp.doc 3-4 Agenda ItemNo. 88 Novennber16,2004 Page 54 of 93 SECTION IV COMMERCIAL/OFFICE AREA "C/O" 4.1 PURPOSE The purpose of this Section is to set forth the permitted uses and development standards for areas designated as Tract "CO", Commercial/Office Area on Exhibit "A", MPUD Master Plan. 4.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 44:!: acre Commercial/Office Area (Tract "CO"), shall be developed with not more than 200,000 square feet of commercial/office uses. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1: 1. Travel agencies (Group 4724) 2. Any contractor business as defined in the Standard Industrial Classification Manual for the following Major Groups: a. 15 - Building construction- general building contractors and operative builders (no outdoor storage permitted). b. Groups 1711 - 1793, 1796 - 1799 Construction - special trade contractors (no outdoor storage permitted). 3. Any establishment engaged in printing utilizing common processes, classified under the following industry groups: a. Groups 2711,2721, and 2752 - Newspapers and periodicals: publishing or publishing and printing 4. General warehousing and storage (Group 4225), indoor storage. 5. United States Postal Service (Group 4311), except major distribution center. 6. Any retail businesses as defined in the Standard Industrial Classification Manual for the following categories: J Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. C\AdLib eXpress\ Work\radC8AE3.tmp.doc 4-1 Agenda Item No. 88 Novennber 16, 2004 Page 55 of 93 a. Industry group 521 - Lumber and other building materials dealers. b. Industry group 523 - Paint, glass, and wallpaper stores. c. Industry group 525 - Hardware stores. d. Industry group 526 - Retail nurseries, lawn and garden supply stores e. Major Group 53 - General merchandise stores. 7. Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual, except freezer food plants. 8. Any retail businesses engaged in selling automobile parts and accessories; and retail gasoline sales (with service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. Industry group 553 - Auto and home supply stores; b. Industry group 554 - Gasoline stations, including service stations and marine service stations. 9. Any retail businesses engaged in selling apparel and accessories as defined under Major Group 56 in the Standard Industrial Classification Manual. 10. Any retail businesses engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 11. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under Major Group 58 in the Standard Industrial Classification manual. Drinking places (Group 5813) shall be permitted only in conjunction with eating places (Group 5812). 12. Any miscellaneous retail businesses as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 593 - Used merchandise stores; 596 - nonstore retailers; 598 - fuel dealers, Group 5999 - gravestones, police supply, sales barns; and not including the retail sale of fireworks. 13. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60,61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 14. Hotels/motels, Group 70 II not to exceed 150 units, with a maximum FAR of .60. Three hundred square foot minimum with a maximum unit size of 700 square feet. 15. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: CIAdLib eXpressl WorklradC8AE3.tmp.doc 4-2 Agenda Item No. 88 November 16, 2004 Page 56 of 93 a. Industry group 721 - Laundry, cleaning, and garment services, only dry-cleaning and coin laundry. b. Industry group 722 - Photographic portrait studios; c. Industry group 723 - Beauty shops; d. Industry group 724 - Barbershops; e. Industry group 725 - Shoe repair shops and shoeshine parlors; f. Industry group 729 - Miscellaneous personal services, only including Group 7291 - tax return preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or portraits, dress suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service and tanning salons. 16. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following industry numbers: a. Group 7311 - Advertising agencies. b. Group 7313 - Radio, television, and publishers' advertising representatives. c. Group 7331 - Direct mail advertising services. d. Group 7334 - Photocopying and duplication services. e. Group 7335 - Commercial photography. f. Group 7336 - Commercial art and graphic design. g. Group 7338 - Secretarial and court reporting services. h. Group 7352 - Medical equipment rental and leasing. 1. Group 7359 - Equipment rental and leasing, not elsewhere classified. J. Groups 7371 - 7379 - Computer services. k. Group 7383 - News syndicates. 1. Group 7384 - Photofinishing laboratories. m. Group 7389 - Business services except automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or power line inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers. 17. Groups 7513 -7549 - Automotive repair, services, parking (except that this shall not be construed to permit the activity of "tow-in parking lots"), and carwashes (Group 7542), abutting residential zoning districts shall be subject to the following criteria: C\AdLib eXpress\ Work\radC8AE3.tmp.doc 4-3 Agenda Item No. 88 Novennber 16, 2004 Page 57 of 93 a. Size of vehicles. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. 1. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in Subsection 4.06 of the LDC. All walls shall be protected by a barrier to prevent vehicles from contacting them. f. Architecture. The building shall maintain a consistent architectural theme along each building fa9ade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but shall not be located in any required yard area. I. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 p.m. 18. Group 7841 - Videotape rental. 19. Group 7991 - Physical fitness facilities and Group 7999 - Amusement and recreation services, not elsewhere classified, including martial arts and dance instruction. 20. Groups 8011 - 8059, 8071-8072 - Health services, including offices of oncologists. C:IAdLib eXpressIWorklradC8AE3.tmp.doc 4-4 Agenda Item No. 88 Novernber 16, 2004 -Page 58 of 93 21. Estab lishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 22. Establishments providing educational services as defined in Major Group 82 in the Standard Industrial Classification Manual. 23. Group 8351-Child day care services 24. Group 8412- Museums and art galleries 25. Establishments operating a variety of membership organizations as defined in Major Group 86 in the Standard Industrial Classification Manual. 26. Establishments operating primarily to provide engineering, accounting, research, and management for the following industry numbers: 1. Group 8711 - Engineering services. 2. Group 8712 - Architectural services. 3. Group 8721 - Accounting, auditing, and bookkeeping services. 4. Group 8732 - Commercial economic, sociological, and educational research. 5. Group 8742 - Management consulting services. 6. Group 8743 - Public relations services. 7. Group 8748 - Business consulting services. 27. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 28. Major Group 92 - Offices for police, fire and public safety. 29. Agricultural uses, however, agricultural uses shall cease upon commencement of site development on the commercial tract. 30. Any other comparable land use as determined by the Board of Zoning Appeals. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage. 2. Caretaker's residences. 3. Outdoor storage of vehicles associated with a principal use; however, no outdoor equipment storage is permitted. c: IAdLib eXpressl W orklradC8AE3 .tmp. doc 4-5 Agenda Item No. 88 Novennber 16,2004 Page 59 of 93 4.4 DEVELOPMENT STANDARDS A. Minimum lot area: 10,000 square feet. B. A verage lot width: 100 feet. C. Minimum yards (internal): 1. Front Yard: 20 feet, except that a mmlmum 25 foot building setback shall be maintained from Oil Well Road (C.R. 858). 2. Side Yard: None, or a minimum of 5 feet, with a minimum of 10 feet between structures. 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one front yard by 10 feet. D. Minimum distance between principal structures: Fifteen (15) feet. E. Maximum height: 45 feet, except for architectural appurtenances, which shall not exceed 60 feet. F. Minimum floor area: 1,000 square feet per principal structure, on the first [mished floor. Kiosk vendors, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet and are not subject to the setback requirements set forth above. G. Maximum gross leasable floor area: 200,000 square feet. H. Off-street parking and loading requirements: As required by Chapter 4 of the LDC in effect at the time of site development plan approval. J. Architectural requirements: Commercial/office development in this MPUD shall have a common architectural theme for principal structures, which shall include landscaping, signage and color palate. Commercial/office development site design shall conform with the guidelines and standards of Subsection 5.05.08 of the LDC. K. The distance and separation requirements for establishments selling alcoholic beverages for consumption on premises set forth within Subsection 5.05 of the LDC shall not apply. There shall be no distance and separation requirement applicable to uses in the "C/O" District. L. Signage locations for residential and commercial components of the project may be permitted at the project entrances and / or within private and CDD roadway medians as shown on the conceptual master plan, subject to size and copy criteria found in the LDC. C:\AdLib eXpressl WorklradC8AE3.tmp.doc 4-6 Agenda Item No. 88 Novernber16,2004 Page 60 of 93 SECTION V COMMUNITY FACILITY DISTRICT "CF" 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Orange Blossom Ranch MPUD community designated on the Master Plan as the "CF" Community Facility District. 5.2 GENERAL DESCRIPTION Areas designated as "CF" Community Facility on the Master Plan are designed to accommodate a full range of community facility uses and functions. The primary purpose of the CF District is to provide for facilities that may serve the community at large with governmental, administrative, and recreational uses. 5.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, in whole or in part for other than the following, subject to regional, state and federal permits when required: A. Principal Uses 1. Parks, golf courses, passive recreational areas, boardwalks, fishing piers. 2. Recreational shelters and restrooms. 3. Drainage, water management, irrigation for all properties within the MPUD and adjacent properties, and essential utility facilities. 4. Commercial excavation / earth mining. 5. Governmental administrative offices. 6. Public or private schools. 7. Educational services. 8. Childcare centers. B. Accessory uses and structures such as parking lots, walls, berms and signage. 5.4 DEVELOPMENT STANDARDS Development standards for all structures shall be In accordance with the following requirements: C:\AdLib eXpress\Work\radC8AE3.tmpdoc 5-1 Agenda Item No. 88 Novennber16,2004 Page 61 of 93 A. Minimum building setback shall be 25 feet for principal structures and 10 feet for accessory structures. B. Maximum height of structures - Thirty-five feet (35'). C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with the Collier County LDC in effect at the time of site development plan approval. C:\AdLib eXpressIWork\radC8AE3.tmp.doc 5-2 Agenda Item No. 88 Novennber16,2004 Page 62 of 93 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Orange Blossom Ranch MPUD. 6.2 MPUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, fmal subdivision plans and all applicable State and local laws, codes and regulations except where specifically referred or modified herein. B. The MPUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries and acreage allocations shown on the plan are conceptual and approximate and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.3 ENGINEERING A. Except as noted herein, all project development shall occur consistent with Chapter 4 and Chapter 10 respectively, of the LDC. 6.4 UTILITIES A. The developer agrees that locations for a total of no more than five (5) potable water well sites shall be made available for use by Collier County Utilities for the Northeast Regional Water Treatment Facilities. Conceptual locations as agreed upon by the developer and Collier County are shown on Exhibit A. Three (3) of these well sites shall be utilized only for wellheads and shall consist of a well enclosed in a concrete vault structure, an above grade electrical control panel with telemetry interface and a driveway for access. Two (2) of these sites shall be utilized for wellheads, a control building and a driveway for access, and shall be located on, or adjacent to a non-residential tract. The control building shall include electrical equipment and an emergency power generator unit. The three wellhead sites excluding any the control buildings shall be located within a 30 foot by 30 foot easement area. The two wellhead/control building sites shall be no more than 50 feet by 50 feet. Necessary pipeline and driveway easements shall be granted to Collier County Water Sewer District at no acquisition cost. The County shall landscape and maintain all sites to minimize the impacts on the community. The landscaping shall be compatible with that utilized in the Orange Blossom Ranch development. All driveway materials shall be similar to the materials utilized in other driveways in the adjacent area. All C:\AdLib eXpress\Work\radC8AEltmp.doc 6-1 Agenda Item No. 88 November16,2004 Page 63 of 93 concrete vault structures and control buildings shall be constructed to blend architecturally with the community. To the maximum extent possible, the pipeline easements for raw water transmission main shall be located by the County in proposed roadways, adjacent to proposed rights-of-way, or along platted property lines. All final well site and pipeline locations shall be provided to the developer during the platting process of the development. Multiple platting of the project may occur. The County agrees upon request of the developer to modify and adjust final well site and pipeline locations to best accommodate the uses in the Orange Blossom Ranch MPUD, and to ensure that the proposed well field and pipelines shall be compatible with neighboring properties. B. After final wellfield sites have been determined pursuant to this provision and after written request from Collier County, the easements shall be executed and delivered in accordance with the following procedure; 1. Within 60 days of written request from Collier County, the developer shall provide to the County an attorney's opinion of title which also identifies all parties holding liens against the agreed upon well field easement areas, and to which is attached a copy of the deed(s) evidencing record title, and hard copies of said liens against the property. Within 90 days of aforesaid written request from Collier County, the developer shall convey the reserved agreed upon wellfield easement areas to Collier County, by warranty deed, made free of all judgment and/or mortgage liens by the execution of such releases, subordinations, or satisfactions as may be necessary to accomplish same. c. 1. Orangetree Utility Company Utility Certificated Area. This MPUD is entirely within the certificated service area of the Orangetree Utility. Such certification places duties and responsibilities to provide these utility services on the Orangetree Utility. Therefore, interim water and interim wastewater is fully anticipated by the developer and the County to be provided to this MPUD by Orangetree Utility. The Collier County Water- Sewer District ("County") intends to commence serving both services to this MPUD not later than the year 2012. 2. Interim Utility Facilities A. Sales Center, Models, Clubhouse Facility: The developer shall be entitled to construct interim potable water and wastewater systems (i.e. wells, septic tanks, small package plant) for developer owned or controlled sales centers and to no more than ten (l0) model homes, as well as any clubhouse facility but this service shall not be provided to any model home after each respective model home is sold to its first owner-occupant. All such C\AdLib eXpress\ Work\radC8AE3tmp.doc 6-2 Agenda Item No. 88 Novennber16,2004 Page 64 of 93 temporary facilities shall comply with applicable State and County regulations and shall acquire all necessary governmental permits. B. Possible (Unanticipated) Developer Interim Utility Plant. As to facilities to provide interim service beyond that outlined in Section 6.4.B.2.A above, subject to either (a) written permission from the Orangetree Utility to provide the respective interim water service and wastewater service, or (b) the MPUD has been removed from Orangetree Utility's certificated area (with or without permission from Orangetree Utility), or (c) any other circumstance sufficient in law then existing whereby Orangetree Utility's exclusive certificated area rights to provide the respective service(s) has been extinguished; the developer shall be entitled to construct an interim potable water plant and interim wastewater plant to serve only the Orange Blossom Ranch MPUD. All such "developer utility plant and facilities" shall comply with all applicable Federal and Florida laws, rules and regulations, and with all applicable County ordinances, rules and regulations, and shall require all necessary governmental permits to be obtained by or on behalf of the developer at no cost to the County. All such developer utility plant(s) must be removed at no cost or expense to the County or to Orangetree Utility - to facilitate a seamless transition for the developer supplied respective services to the respective later-in- time service to be provided by the County. 3. CUEs. All transmission and distribution facilities within this MPUD shall be located within County utility easements (CUEs), including the transmission and distribution facilities, if any, that will connect to Orangetree's utility facilities, and/or will eventually connect to the County's utility facilities, but this shall not affect the County's duties or responsibilities regarding these facilities unless the County has legal title to the facilities themselves. 4. Concurrent Service Not Required. The Orangetree Utility and the County may provide water service to this MPUD without concurrently providing wastewater service, and vice versa. 5. Conveyance of Title to MPUD Transmission and Distribution Facilities to the County. Water and wastewater transmission and distribution facilities in this MPUD shall be installed by, or on behalf of, the developer. If, as is anticipated, Orangetree Utility provides both interim utility services to the Orange Blossom Ranch MPUD prior in time than when the County Water and Wastewater District provides those services, title to the transmission and distribution facilities shall be conveyed to the Orangetree Utility . according to its tariffs. At no cost to the either recipient, the developer shall provide a detailed inventory and "drawings" to Orangetree Utility and to the County Water and Wastewater District which regards to water and/or wastewater transmission and distribution facilities in this MPUD. This obligation shall be continuing to include all changes made from time- to-time to the original inventory and to the "drawings." C:\AdLib eXpress\Work\radC8AEltmp.doc 6-3 Agenda Item No. 88 Novennber16,2004 Page 65 of 93 6. Collier County Water-Sewer District Impact Fees. When the Collier County Water-Sewer District provides the respective utility service to the customers within this MPUD, each such customer account shall be a "new" customer as to the Collier County Water-Sewer District. After the conclusion of an impact fee/rate study of the Orangetree area, pursuant to and in compliance with the then applicable Collier County Impact Fee Ordinance and all other applicable Ordinances, each such new customer as to the County may be required to pay impact fees to the Collier County Water-Sewer District Water and Wastewater. Any obligation to pay such impact fees to the Collier County Water-Sewer District may apply to each such "new" customer account irrespective of whether there had been paid to Orangetree Utility money and/or any consideration (or credit) for the private sector equivalent of "governmental Water and/or Wastewater Impact Fees", which fees paid to Orangetree Utility pay for each respective customer's imputed pro-rata share of Utility Plant(s) (by whatever name those fees are, or may be called by Orangetree and/or in Orangetree's Utility Tariffs. The developer shall ensure that all prospective purchasers of lots and/or parcels of land in this PUD will receive advanced written notice in sales literature of any obligation to pay Collier County Water and Wastewater Impact Fees when the County commences to provide the respective service(s). 6.5 WATER MANAGEMENT A. This project shall be designed in accordance with the rules of the South Florida Water Management District in effect at time of permitting. B. An excavation permit shall be required for the proposed lakes in accordance with Subsection 3.05.10 of the LDC. All lake dimensions shall be approved at the time of excavation permit approval and shall be consistent with permits issued by the South Florida Water Management District. Excavated material may be relocated within the limits of the MPUD and across canal easements or rights-of-way contiguous to the MPUD, and shall not be considered off-site excavation. C. The Orange Blossom Ranch MPUD conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the MPUD rezone application materials. D. This project shall be reviewed and approved by the Collier County Stormwater Management Section prior to construction plan approval. Lake sides lopes shall conform to the requirements of Subsection 3.05.10 of the LDC. E. The project shall evaluate off-site flows coming onto the property from adjacent properties. The analysis shall ensure that there is sufficient capacity in the proposed perimeter by-pass swale system without causing flooding or causing adverse surface water conditions to adjacent property owners. This evaluation shall be provided at the time of construction plan review. CIAdLib eXpresslWorklradC8AE3.tmpdoc 6-4 Agenda Item No. 88 Novennber16,2004 Page 66 of 93 F. The existing 90t acre lake may be excavated in accordance with Collier County commercial excavation permit requirements and South Florida Water Management DistriCt criteria. Off-site removal of excavated material is permitted. G. The entire MPUD shall be permitted to utilize the lake system designed in the residential/golf area and community facility area (9O:f: area lake) for water management purposes. 6.6 ENVIRONMENTAL A. The Orange Blossom Ranch MPUD shall contain a minimum of30% of project's acreage as open space which may consist of buffers, lakes, recreation areas and the like. 6.7 TRANSPORTATION The development of the Orange Blossom Ranch MPUD shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC) B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site-related improvements (as apposed to system-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. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Division 3.15. LDC, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a Right- of-way Permit. C:\AdLib eXpress\Work\radC8AE3,tmp,doc 6-5 Agenda Item No. 88 Novennber 16, 2004 Page 67 of 93 G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this 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. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. 1. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the. developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right-of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. K. In order to facilitate future right-of-way improvements for Oil Well Road, the developer shall reserve 75 feet along the north right-of-way line of Oil Well Road, and 25 feet along the south right-of-way line of Oil Well Road for future dedication of a fee simple interest in such reserved areas to Collier County. At dedication, this reservation area shall be considered a contribution of off-site improvements to the transportation network. The developer shall be entitled to compensation for the dedicated right-of-way in the form of road impact fee credits pursuant to the provisions of Subsection 2.03.06, of the LDC. Within 60 days of written request from Collier County, the developer shall provide to the County an attorney's opinion of title which also identifies all parties holding liens against the reserved right-of-way, and to which is attached a copy of the deed(s) evidencing record title, and hard copies of said liens against the property. Within 90 days of aforesaid written request from Collier County, the developer shall convey the reserved right-of-way to Collier County, via warranty deed, made free of all judgment and/or mortgage liens by the execution of such releases, subordinations, or satisfactions as may be necessary to accomplish same. The developer shall be permitted to landscape and to irrigate the reservation areas until such time as clearing and grubbing shall begin on the Oil Well Road improvements. The developer shall not receive any compensation for the loss or relocation of said landscaping and/or irrigation located within the reserve area as a result of developer's dedication and County's acceptance of the fee simple interest in the reservation area. L. Except for that corridor identified as a public right-of-way to the CF parcel, access controls shall be installed on all non-county roadways. M. 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 C:\AdLib eXpress\ W ork\radC8AE3. Imp. doc 6-6 Agenda Item No. 88 November 16, 2004 Page 68 of 93 determined to be necessary, the cost of such improvement shall be borne by the developer and/or adjacent developers on a fair share basis. N. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and/or adjacent developers on a fair share basis. 6.8 COMMUNITY FACILITY A. A 60-foot wide easement corridor for public right-of-way purposes shall be provided from Oil Well Road to the CF designated parcel as conceptually located on Exhibit "A", Conceptual Master Plan. Impact fee credits shall be provided to the developer in accordance with Ordinance 01-13, as amended, if authorized. The corridor area shall be determined by the developer during the plat or site development review process, as may be applicable. The developer shall have no responsibility to construct said roadway. The requirements of Subsection 2.03.06 of the LDC apply to this contribution. The instrument of conveyance shall provide for the vacation and/or abandonment of said easement if alternative access to Oil Well Road is obtained from outside of the project boundary. 1. The existing 90:1:: acre lake shall be donated to Collier County no earlier than two years after the date of approval for this MPUD, unless the County requests title transfer at an earlier date. A minimum written notice of90 days shall be given to the developer of the County's intent to obtain title to the subject lake. Within 60 days of written request from Collier County, the developer shall provide to County an attorney's opinion of title, which also identifies all parties holding liens against the lake tract, and hard copies of said liens against the property and within 90 days of aforesaid written request from Collier County, the developer shall convey the lake to Collier County, by warranty deed, made free of all judgment and/or mortgage liens by the execution of such releases, subordinations, or satisfactions as may be necessary to accomplish same. The developer shall retain a perpetual drainage and irrigation easement in, on, under and over the lake for the benefit of the entire MPUD, and for all of the properties and property owners within the MPUD, for which reservation and use rights will be contained in the deed. 2. In consideration for the conveyance, the developer shall at the time of conveyance to the County, receive community and regional park impact fee credits for an equivalent amount of the impact fees which otherwise would be required to be paid for all residential units constructed within the Orange Blossom Ranch MPUD. C \AdLib eXpress\ W ork\radC8AE3. tmp.doc 6-7 Agenda Ite November 1 20 I Page 0 11..... I i<il i i!! i:2i It ~ i~'i I. ai ...i=m I: - -...--...... . -. ~ ~ ~ ~ ~Q " C i~; 'I' ':1 Hi '11111 Ii ~I..I I~ Ii: > a ill ;J~~ Ii; J Ijl,if :;: ! fw: ~ III !! I !I~ I [i'l: Ii i i Ii ~ I 11'1 ) d i I' 'I ~1 ! II ~ ~ ~- i L': i !!! I I !:~U . II: ~ ~ A I;ic!! .".,,==:::::::.,,~:-...1-,:q::;~~..-..._._._.. .. 11[' ia: .-. -_... ~ .. ':~.'-:::.=::::~:7":';: ..:::: ~':~:-=::'~:7.~.::: ..;:: "::':::7.~~'::::-::- -.:::~: ''::::::-:==::.~:':'''''.:.~= ~:~=~..=~:-~=: .::7.-:::.....:.7.:~:=::::..::::.::::::::-~. --=:' :~: _.,...~ ..,~ ".. ::::"', -z- I ~ ~ I ~ I ,i ;d IUWS 1lW NICI'1tJ:l IlDtoZ ,l"IftIBIfG l28"l r .~.. Mn .....-.-..-, IIUft wi. JAI oM I ~ I It: ..............Il i ~ ! p ! . - ..... .. ...... III Iii III .i if ~I b :~ ~ II :1 '1,111';1 Qi !~t~ ill; 1,"/1 ,,,uf~ ~t.JII e~ ~llld lil~ I'f' g!U Ii !,I;~ !~w~ oool MIl :1' !i:1 r~ c:oc !~I ;11 ~". ~I ~ 111.)1 ~~ I a : H i ~ lil!~ ~h if I ~l Agenda Item No. 88 Novennber 16, 2004 Page 70 of 93 EXIITBIT "en PROPERTY OWNERSHIP Folio Number 00209961102 Bryan W. Paul, Family Limited Partnership 00209961500 Bryan W. Paul, Family Limited Partnership 00210042007 Bryan W. Paul, Family Limited Partnership 00210650004 Bryan W. Paul, Family Limited Partnership 00210660201 Bryan W. Paul, Family Limited Partnership 00210660104 Bryan W. Paul, Family Limited Partnership 00210660007 Bryan W. Paul, Family Limited Partnership Bryan W. Paul Bryan W. Paul, Family Limited Partnership Bryan W. Paul Bryan Paul, Incorporated Bryan W. Paul ;;. F:\JOB\ORANGE BLOSSOM RANCH\PUDIEXHlBIT C.doc Q. GRADY MINOR & ASSOCIATES, P.A Civil Engineers · Land Surveyors. Planners Agenda Item No. 88 Novernber16, 2004 Page 71 of 93 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. e DEAN SMITH, P.E. . DAVID W. SOiMlTI, P.E. MICHAEL!. DELATE,P.E. NORMAN J. TREBILCOCK. A.I.C.P., P.E. MATTIiEW J. HERMANSON, P.E. D. WAYNE ARNOLD, A.I.C.P. ROBERT "BOB" THINNES, A.I.C.P. THOMAS JACKSON GARRIS, P.S.M STEVE BURGESS, P .s.M. ALAN V. ROSEMAN.. LEGAL DESCRIPTION ORANGE BLOSSOM RANCH PUD (DRAWING # B-2309-2B) THREE PARCELS OF LAND LOCATED IN SECTIONS 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIERCOVNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL I COMMENCE AT THE SOUIHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FWRIDA; THENCE RUN SOUTH 88050'06" WEST, ALONG lHE SOUTH LINE OF TIIE SOUTIIEAST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 2.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE RUN NOR1H 00030' 11" WEST FOR A DISTANCE OF 50.01 FEET TO A POINT ON lHE NORTIi RIGIIT OF WAY LINE OF OIL WELL ROAD (C.R858) AND TIlE POINT OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 88050'05" WEST, ALONG SAID NORTIl RIGHT OF WAY LINE FOR A DISTANCE OF 2,677.95 FEET; THENCE RUN SOUTH 89035'35" WEST, ALONG SAID NORTIl RIGIIT OF WAY LINE FOR A DISTANCE OF 1,051.57 FEET TO A POINT ON THE EAST LINE OF A 150 FEET WIDE NORTIl-SOUTH DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509 TIIROUGH 517 OF THE PUBliC RECORDS OF COLLIER COUNIY, FLORIDA; THENCE RUN NORlH 00029'46" WEST, ALONG SAID EAST LINE FOR A DISTANCE OF 4,173.91 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "B", THE SAME BEING A POINT ON THE SOUTH LINE OF A 150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTIi 89033'04" EAST, ALONG SAID SOUTH LINE FOR A DISTANCE OF 3,729.66 FEET TO A POINT ON THE WEST LINE OF NORm GOLDEN GATE CANAL, (AN 80 FOOT WIDE RIGHT OF WAY); THENCE RUN SOUTH 00029'30" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 4,141.20 FEET TO TIlE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 356.387 ACRES, MORE OR LESS. TOGETHER WITH PARCEL IT COMMENC~ AT THE HEREINABOVE DESCRIBED POINT "B" TIlE SAME BEING lHE NORTIIEAST CORNER OF A ISO FOOT WIDE NORTH-SOUTH DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509 TIlROUGH 517 OF TIlE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA; THENCE RUN SOUTH 89033'04" WEST, ALONG THE NORTIi LINE OF SAID NORm-soUTH DRAINAGE EASEMENf FOR A DISTANCE OF 150.00 FEET TO mE POINT OF BEGINNING OF TIIE PARCEL OF LAND HEREIN DESCRIBED; TIIENCE RUN SOUTH 00029'46" EAST, ALONG THE WEST LINE OF SAID NORTII-SOUTH DRAINAGE EASEMENT FOR A DISTANCE OF 1,820.00 FEET; THENCE RUN SOUTH 89033'05" WEST FOR A DISTANCE OF 1,463.41 FEET TO A POINT ON TIlE WEST LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNlY, FLORIDA; TIlENCE CONTINUE soum 89033'05" WEST FOR A DISTANCE OF 1,018.80 FEET; THENCE RUN NORm 00029'30" WEST FOR A DISTANCE OF 1,427.55 FEET TO A POINT ON TIiE SOUTHERLY LINE OF A 150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 74032'31" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 1,063.68 FEET (239) 947-1144. FAX (239) 947-0375. E-Mail: engineering@gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134-7569. EB/LB 0005151 SHEET 1 OF 4 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Agenda Item No. 88 Novernber16,2004 Page 72 of 93 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. C. DEAN SMITH, P.E. DAVID W. SCHMI'IT, P.E. MICHAEL 1. DELATE, P.E. NORMAN J. TREBILCOCK, A.I.C.P., P.E. MAITHEW J. HERMANSON, P.E. D. WAYNE ARNOLD, A.l.C.P. ROBERT "BOBn TInNNFS, A.I.C.P. THOMAS JACKSON GARRIS, P.5.M. STEVE BURGESS, P~5.M ALAN V. ROSEMAN.. TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE CONTINUE NORTH 74032'31" EAST, ALONG SAID SOUIHERL Y LINE FOR A DISTANCE OF 451.69 FEET; THENCE RUN NORTH 89033'04" EAST, ALONG SAID SOUIHERLY LINE FOR A DISTANCE OF 1,018.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 97.113 ACRES, MORE OR LESS. TOGETHER WITH PARCEL m COMMENQ: AT TIffi HEREINABOVE DESCRIBED POINT "A"; THENCE RUN soum oo024'5T' EAST FOR A DISTANCE OF 50.01 FEET TO A POINT ON THE soum RIGHT OF WAY LINE OFOn- WELL ROAD (C.R858), THE SAME BEING A POINT ON THE WEST LINE OF NORTIl GOlDEN GATE CANAL, (AN 80 FOOT WIDE RIGHT OF WAY) AND TIlE POINT OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED THENCE RUN soum 00029'18" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 920.94 FEET TO A POINT ON THE EAST LINE OF SECTION 24, TOWNSHIP 48 soum, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE CONTINUE soum 00029'18" EAST, ALONG SAID WEST LINE, FOR A DISTANCE OF 1,819.06 FEET; THENCE RUN soum 89030'46" WEST FOR A DISTANCE OF 4.33 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24; THENCE CONTINUE SOUTH 89030'46" WEST FOR A DISTANCE OF 395.66 FEET;; THENCE RUN NORm 58031'29" WEST FOR A DISTANCE OF 1,010.00 FEET; THENCE RUN NORm 88017'01" WEST FOR A DISTANCE OF 645.91 FEET; THENCE RUN soum 81045'31" WEST FOR A DISTANCE OF 230.00 FEET; THENCE RUN NORTIl47005'10" WEST FOR A DISTANCE OF 686.83 FEET; THENCE RUN NORm 31029'29" WEST FOR A DISTANCE OF 300.00 FEET; THENCE RUN NORm 50028'29" WEST FOR A DISTANCE OF 630.00 FEET; THENCE RUN NORTH 39058'29" WEST FOR A DISTANCE OF 255.00 FEET; THENCE RUN NORTH 00024'25" WEST FOR A DISTANCE OF 850.00 FEET TO A POINT ON THE soum RIGHT OF WAY LINE OF on- WELL ROAD (C.R858); THENCE RUN NORm 89035'36" EAST, ALONG SAID soum RIGHT OF WAY LINE, FOR A DISTANCE OF 749.99 FEET; THENCE RUN NORm 88050'07" EAST, ALONG SAID soum RIGlIT OF WAY LlNE, FOR A DISTANCE OF 2,677.38 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 162.431 ACRES, MORE OR LESS. NOTES: 1. BEARINGS SHOWN HEREON REFER TO THE soum LINE OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 soum, RANGE 27 EAST, COLLIER COUNlY, FLORIDA, AS BEING S 89035'35" W. 2. TIllS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RES1RICTIONS OF RECORD. 3. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. S'{;itf SId I{t'~~a THOMAS JAC ON GARRIS ,P.S.M. #3741 STATE OF FLORIDA (239) 947-1144. FAX (239) 947-0375. E-Mail: engineering@gradyminor.com 3800 Via Del Rey. Bonita Springs, Florida 34134-7569. EB/LB 0005151 SHEET 2 OF 4 Vanasse Daylor Agenda Item No. 88 Novennber 16, 2004 Page 73 of 93 -- r;;'M j-E~ltil~WJffi~~BH1~;l~ TRAFFIC IMPACT STATEMENT ORANGE BLOSSOM RANCH PUD REZONING December 23, 2003 ORANGE BLOSSOM RANCH PUD REZONING Oil Well Road Naples, Florida Prepared For: Brian Paul Citrus, Inc. P. O. Box 2357 Highway 78-A Labelle, Florida 33935-2357 Prepared By: Vanasse & Daylor LLP Job # 80634.02 Rev.2 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 T 239.437.4601 f 239.437.4636 w vanday.com Agenda Item No. 88 Novennber 16, 2004 Page 74 of 93 STATEMENT OF CERTIFICATION I certify that this TRAFFIC ANAL YSIS has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Reed Jarvi P.E. Florida Registration #40156 VanasseDaylor, LLP 12730 New Brittany Boulevard, Suite 600 Fort Myers, Florida 33907 (239) 437-4601 Collaborator: E. Randy Spradling Agenda Item No. 88 November 16, 2004 Page 75 of 93 TABLE OF CONTENTS PROJECT DESCRIPTION.................................................................................................................. I TRIP GENERA TI ON........................................................................................................................... 1 TRIP DISTRIBUTION AND ASSIGNMENT ..................................................................................4 BACKGROUND TRAFFIC................................................................................................................ 4 AREA OF INFL UEN CE... .......... ......... ... ............... ......... ... .... ..... ........ ........................ ............. ............ 6 EXISTING AND FUTURE ROADWAY NETWORK ....................................................................6 PROJECT IMPACTS TO AREA ROAD NETWORK .....................................................................6 ROADWAY LINK ANAL YSES ........................................................................................................ 7 INTERSECTION ANALYSES.. ........ .......... ........................ ....................... ....... .................... ........... 10 IMPROVEMENT ANALYSIS .. ........... ......... ...................... .............. .................................... ... ........ 12 IMPROVEMENTS TO ACCOMMODATE NON-SITE TRAFFIC .........................................13 MITIGATION OF IMPACT ...... ........... ....... ...... .............. .................... .............................................14 Orange Blossom Ranch PUD Rezoning Page i Table of Contents Agenda Item No. 88 Novennber16,2004 Page 76 of 93 PROJECT DESCRIPTION Vanasse & Daylor, LLP, was commissioned to evaluate the traffic impacts associated with the proposed Orange Blossom Ranch Planned Unit Development (PUD). The Orange Blossom Ranch PUD project is located on Oil Well Road (CR 858), approximately 1 mile east of Immokalee Road, in northern Collier County (see Exhibit 1). Two access roads are planned to connect to Oil Well Road. The following land use data were assumed in this study: Table I-Development Program Land Use Single Family (LU 210) Multi Family (LU 230) Shopping Center (LU 820) General Office (LU 710) Regional Park (LU 417) Total Size 880 DU nODU 100,000 Sq. Ft 50,000 Sq. Ft I 00 Acres Build-out Year 2015 2015 2015 2015 2015 TRIP GENERATION The potential number of site-generated trips was estimated using rates from the Institute of Transportation Engineers' Trip Generation Manual nth Edition) and the previously presented land development program. The trip generation equations shown below were used for this report. Trip Generation Equations Single-Family (LU 210): Multi-Family (LU 230): ADT: Ln (T) = 0.92 Ln (X) + 2.71 AM Pk Hr.: (T) = 0.70 (X) + 9.43 PM Pk Hr.: Ln (T) = 0.90 Ln (X) + 0.53 ADT: Ln (T) = 0.85 Ln (X) + 2.55 AM Pk Hr.: Ln (T) = 0.80 Ln (X) + 0.26 PM Pk Hr.: Ln (T) = 0.82 Ln (X) + 0.32 ADT: Ln (T) = 0.643 Ln (X) + 5.866 AM Pk Hr.: Ln (T) = 0.596 Ln (X) + 2.329 PM Pk Hr.: Ln (T) = 0.660 Ln (X) + 3.403 Shopping Center (LU 820): Agenda Item No. 88 November 16, 2004 Page 77 of 93 General Office (LU 710): ADT: Ln (T) = 0.77 Ln (X) + 3.65 AM Pk Hr.: Ln (T) = 0.797 Ln (X) + 1.558 PM Pk Hr. (Weighted Average): T = 1.49 (X) ADT: T = 4.57 (X) AM Pk Hr.: T = (Not Available) PM Pk Hr. (Weighted Average): T = 0.20 (X) Regional Park (LU 417): The above equations were used with the land use data provided to generate the estimated trip generations for the project as shown in Table 2A. .r ~~.I!...~~ :..,~!:.~te.~t!ri,,~e.~e.!:~!i()1l 'Shopping Ctr (LU 820): General Office (LU 710): Single-Family (LU 210): _"'''__.........._.,._', ,__,_. .......,.,...,..... _u....._, __.,,' .. '0' . ",__, Multi-Family (LU 230): Regional Park (LU 417): 150,000 SF 50,000 SF 880 DU 720 DU 100 Ac LAND USE AM Peak A.lll I.ml fllli:L Em Totals The project is located in the central/north area of the development known as the "Orange Tree Area." There are several thousand residential dwelling units existing or planned for construction within a one-mile radius of this development. The retail and office portions of this project will comprise a "Town Center" -type development concept for the area, with neighborhood shopping and office uses near these residential dwellings. Many of the shopping and business trips that will be generated by the neighboring residential developments will likely be attracted to the proposed retail and office uses, rather than to similar uses along Jmmokalee Road west of Orange Blossom Ranch. Because these trips will not use Jmmokalee Road, they will have characteristics that are more closely related to "Internal Capture" trips for a large development instead of primary trips. These trips will be treated as though they are internal capture trips, rather than as new external trips. According to Table 7.1 and 7.2 of the IrE Trip Generation Handbook, the retail (shopping center)-to-residential internal capture is 9-12% of the retail trips, or 31-53% of the residential trips. Since there are several thousand existing and planned residential units within a mile or two of the commercial portion of this development, approximately 50% of the proposed retail Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 Novennber16,2004 Page 78 of 93 trips and about 20% of the office trips were assumed as being internally captured. Approximately 20% of the residential trips were assumed associated with nearby retail development and schools adjacent to the project. Additionally, a regional park will be constructed inside the development environs. Approximately 50% of the regional park trips were assumed to be internally captured trips, and about 20% of the residential trips were assigned to the recreational use. Table 2B shows the estimated trip generations adjusted for internal capture and pass-by traffic. See Appendix B for Table 7.1 and 7.2 from the ITE Trip Generation Handbook. 2B . PM Peak Hour Trip Generation Adjusted for Internal CapturE! Center General Office(LLJ!I~): Internal Internal Capture 20% 100 -41 50 .38 Park Internal 100Ac 50% Subtotal 896 648 248 Totals Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 November 16, 2004 Page 79 of93 TRIP DISTRIBUTION AND ASSIGNMENT The traffic generated by the development was assigned to the adjacent roadways using the information on the area and as directed by Collier County staff. The site-generated trip distribution is shown in Table 3 and on Exhibit 2. Table 3 - Traffic Distribution Peak HO':l~JNl!~ ~~tl!r".al...r.ips) Residential Commercial ROADWAY Immokalee Rd Collier Blvd (CR951) 1-75 Oil Well Rd (CR 858) Everglades Blvd LOCATION Qill.. N of Oil Well Rd 20% E of Everglades Blvd 10% E of Collier Blvd 60% W of Collier Blvd 30% W of 1-75 20% N of Vanderbilt Beach Rd 20% S of Vanderbilt Beach Rd 10% N of Immokalee Rd 5% S of Immokalee Rd 5% W of Project 80% E of Project 20% E of Everglades Blvd 10% S of Oil Well Rd 10% S of Golden Gate Blvd 5% Qill.. 10% 5% 20% 10% 2% 5% 2% 2% 2% 60% 40% 5% 10% 2% BACKGROUND TRAFFIC A verage growth rates were estimated for every segment of the arterial and major collector roadway network in the study area using the Collier County 2000-2020 Cost Feasible Florida Standard Urban Transportation Model Structure (FSUTMS) that was provided by the Collier County Metropolitan Planning Organization (See Appendix C). These growth rates ranged between 1.0% for 1-75 and 3.3% for Collier Boulevard near Vanderbilt Beach Road. Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 November 16, 2004 Page 80 of 93 These data were used to develop an average growth rate for use in projecting traffic volumes on the study area network. Table 4 and Exhibit 3 present the projected Average Daily Traffic and Peak Season Peak Hour volumes that are computed for this study. :!~~I.l!~..:.~~Clt~~tl!~ .~.;a~~.~~().':I.r1~.! ~;a!!~~.".e;ar..~ ~I. ~ ",,'",'.<' .". "'.n'''.-'_n'_'''.,~',,_,., ,-, '_^"~n'" ~~'_'_'.".~,.'m_' 2002 2002 2015 Peak ADT D ':Pk'H~u~:lG~~~th ~()ADWAY .~()C"TI()N Qlr. l.:::!i.hY ..~ .'~ .~! Bi.tL Pk Hour' N of Oil Well Rd NB 14,950 9.2% 66.0% 865 3.0% 1,270 SB 34.0% 445 650 EB 5,086 66.0% 294 430 E of Everglades Blvd 9.2% ..,..,,,\',,...~,,,."O.~""',' '."'V''''~'. "..,~_.,."".,,,., ,... 3.0% WB 34.0% 152 220 EB 56.8% 1.102 1,680 Immokalee Rd E of Collier Blvd 22,138 9.2% 3.3% WB 43.2% 838 1,280 of Collier Blvd EB 21,489 63.0% 1,186 1,790 W 9.2% ,."..,.,..~." ""'''''_',,",.<. .""""""n,_,_,,,'_', 3.2% _, "~"~'~".H' ,. ..._..n...."< WB 37.0% 697 1,050 EB 39,031 63.0% 2.155 3,240 W of 1.75 9.2% 3.2% WB 37.0% 1,265 1,910 N of Vanderbilt Beach Rd NB 18,042 9.2% 54.0% 854 3.3% 1,300 "",^'^'-~O_" Collier Blvd 5B 46.0% 727 1,1 10 (CR 95 I) Vanderbilt NB 22,415 9.2% 66.0% 1,296 1,980 's of Beach Rd 3.3% .i SB 34.0%' 668 1,020 l N of Immokalee Rd SB 67,000 9.2% 50.7% 2.976 1.0% 3,390 1-75 I NB 49.3% 2.894 3,290 SB 51,928 50,4% 2,293 1,4% 2,750 , :5 of Immokalee Rd 9.2% '__A'~"." ,....~.".-,," NB 2.257 2,700 EB 6.667 345 3.3% 530 W of Project 9.7% WB 271 410 Oil Well Rd EB 276 420 858)2 E of Proj ect 5.340 9.7% 3.3% (CR WB 217 330 EB 5.340 276 3.3% 420 E of Everglades Blvd 9.7% WB 44.0% 217 330 of Oil Well Rd NB 4.448 9.7% 56.0% 230 3.3% 350 5 Blvd2 5B 44.0% 181 280 Everglades NB 56.0% 222 340 S of Golden Gate Blvd 4,294 9.7% r..-....~_,.,'.<",,'".".>.. ""'''''n'''",_,~,_, 3.3% SB 44.0% 175 270 I. 1-75 data from 1998 to 200 I . 2. Use,longterm F5UTM5 growth rate for Immokalee Road. 3. Includes truck factor of 0.9524. 4. Growth rate determined utilizing 2000 - 2020 F5UTM5 Cost Feasible Traffic Projections obtained from MPO. Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 November16,2004 Page 81 of 93 AREA OF INFLUENCE The existing roadway network in the area of the project is shown on Exhibit 1. The area of influence was estimated using the 3/3/5 rule in accordance with the Collier County Land Development Code. This means nearby roadway links were analyzed outward from the project until the project traffic was found to be less than 3% on the link that is accessed by the project, less than 3% on the next adjacent link or less than 5% on any of the next links, whichever applied. EXISTING AND FUTURE ROADWAY NETWORK The existing roadway conditions for the area of the project were used as a base to provide the network for 2009. The future conditions (expansions from current conditions only) for the roadways in the adjacent area are shown in Table 5. Table 5 - Proposed Roadway Improvements Roadway Immokalee Rd Collier Blvd From Collier Blvd Golden Gate Blvd To Oil Well Immokalee Rd Upgrade Construction 6-Lane 2003 6-Lane 2004 By 2015, Oil Well Road will need to be widened to a 4-lane facility in order to accommodate the development expected for both the "Orange Tree Area" development area and the future Ave Maria University. For purposes of this study, Oil Well Road was assumed to be a 4-lane highway. PROJECT IMPACTS TO AREA ROAD NETWORK Roadway network impacts were evaluated by comparing the measures of effectiveness (MOEs) for the total buildout traffic scenario with the background traffic conditions. The Level of Service (LOS) was the MaE used for this analysis. Roadway segments inside the Area of Influence, and selected intersections, were analyzed to determine the roadway element's LOS. Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 November 16, 2004 Page 82 of 93 ROADWAY LINK ANALYSES Collier County developed Level of Service tables for numerous roadway segments under its jurisdiction. The roadway link capacities were determined using these tables. According to Collier County Ordinance 03-01 Section 3.15.6.4.3: "Significance Test: Impact for the impact traffic analysis purposes for a proposed development project will be considered significant: 1. on those roadway segments directly accessed by the project where project traffic is equal to or greater than 3% of the adopted LOS standard service volume; 2. for those roadway segments. immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS standard service volume; or 3. for all other adjacent segments where the project traffic is greater than 5% of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's impact is not required to be analyzed further on any additional segments." In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the project will utilize 3 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link; 5 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. The Level of Service tables developed for Immokalee Road west of Collier Boulevard were used for those segments west of Collier Boulevard. Since Immokalee Road east of Collier Boulevard will be widened from two lanes to a six-lane highway in order to accommodate future traffic growth associated with development occurring along that corridor, the Level of Service tables completed by the County for Collier Boulevard, from US 41 to Rattlesnake Hammock Road, were used in these analyses. These tables were selected for use because they have characteristics that are similar to what can be expected with the future construction program. Because Collier Boulevard south of Immokalee Road will soon be widened to a 6-lane facility, the Level of Service tables developed for Collier Boulevard, from Pine Ridge Road to Golden Gate Boulevard, were used. Orange Blossom Ranch PUD Rezoning Agenda Item No. 8B Novennber 16, 2004 Page 83 of 93 The Level of Service tables that were completed by the County in 2001 for 1-75 both north and south of Immokalee Road were used for those segments. The Level of Service tables for a Collector Road, from the David Plummer & Associates, Inc. report titled Collier County Service Volume Update Final Report, completed in 1998 for Collier County, were used in the analyses of both Oil Well Road and Everglades Boulevard. Copies of the Level Of Service tables used in these analyses are in Appendix D. The distributed site-generated trips were added to the Peak Season Peak Hour directional background traffic from Table 4 to determine the Buildout Year Peak Season Peak Hour Total Volume. The Level of Service analysis results, with and without the site-generated trip assignments, are also presented in Table 6A. If the site-generated traffic volume on a link was lower than the 3/3/5 rule threshold values, the project was deemed "Not Significant" for that particular link and therefore was not calculated. The results show that the adjacent roadway network is projected to remain within Level of Service Standards in 2015 with the proposed development. The results show that, although several links will be significantly impacted (volumes greater than 3% of standard) by this project by 2015, Oil Well Road between Immokalee Road and the project site is the only link that the analysis indicate will be adversely impacted (LOS below standard), based on the link analyses. This adverse impact will occur because Oil Well Road is currently a two-lane two-way road. Currently, no plans are underway to improve Oil Well Road. Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 November 16, 2004 Page 84 of 93 Table 6A . Level. of Service (~~P':'l:l)irectiDnal) Ylilar20.15... PM PM Peak Peak Peak , PM Peak Proj. Total LOS LOS LOS LOS LOS LOS % Proj. ROADWAY lOCATION Dir. BKGD Traffic' Traffic; C 0 E Std i BKGD wlPr. Traffic N of Oil Well Rd NB 1.270 76 d. 1,346 2.000 1.2,560 2.560 ,..2,,560.: C C 3.0% SB 650 150 800 2.000 i 2.560 2,560 2.560 i C C 5.9% E of Everglades Blvd NB 430 65 495 950 950 950 .950, C C 6.8% SB 220 110 330 950 950 950 950 ; C C 11.6% EB 1,680 430 : 2.110 2.000 2.560 2.560 2.560 . C 0 16.8% Immokalee Rd E of Collier Blvd 1.280 201 1.481 2.000 : 2.560 . WB , 2.560 2.560 C C 7.9% W of Collier Blvd EB 1.790 215 2.005 2,000. .' 2.560 2.560 2,560 C 0 8."% : WB 1.050 101 1.151 2,000 2.560 2.560 2,560 C C 3.9% EB 3.240 134 3.374 1.570 2.800 2.850 : 2.850 N/A N/A 4.7% Wofl-7S 55 1,965 2.800 ' 2.850 : WB 1.910 1.570 2.850 NIA NIA 1.9% NB 1,300 140 1.440 ,2,,260 2.270 3...~,7g ,,,~,~To,._... C C 6.2% N of Vanderbilt Beach Rd Collier Blvd SB 1.110 63 1.173 2,260 2.270 2.270 2.270 C C 2.8% (CR 951) S of Vanderbilt Beach Rd NB 1.980 69 2,049 2.260 2,270 2.270 2,270 C C 3.0% SB 1.020 30 1.050 2.260 2,270 2270 2270 C C 1.3% SB 3.390 37 3,427 2.400 3.000 3.530 3.000 NIA NIA 1.2% N of Immokalee Rd ~ .. 1-75 NB 3.290 5 3.295 2.400 3.000 3530 3000 NIA NIA 0.2% SB 2,750 18 2,768 2.400 3.000 3.530 3.000 NIA NIA 0.6% 5 of Immokalee Rd NB 2.700 37 2,737 2.400 3,000 3530 3000 NIA NIA 1.2% W of Project EB 530 642 1,172 870 920 920 920 C F 69.8% WB 410 319 729 870 920 920 920 C C 34.7% Oil Well Rd EB 420 155 575 870 920 920 920 C C 16.8% (CR B58) E of Project WB 330 212 542 870 920 920 920 C C 23.1 % EB 420 38 458 870 920 920 920 C C 4.1% E of Everglades Blvd WB 330 75 405 870 920 920 920 C C 8.2% NB 350 85 435 870 920 920 920 C C 9.3% 5 of Oil Well Rd SB 280 51 331 870 920 920 920 C C 5.6% Everglades Blvd NB 340 37 377 870 920 920 920 C C 4.0% 5 of 011 Golden Gate Blvd "". SB 270 18 288 870 920 920 920 C C 1.9% NIA denotes. .the project's impact is "Not SignifICant' therefore the LOS analysis is..not needed, Although the analysis shown In Table 6A suggests that the service level will deteriorate because of the Orange Blossom Ranch project, the significance may be overstated. Two developments are identified that will impact Oil Well Road: Orange Tree, and Ave Maria University community. Other developments could be approved on lands east of Orange Blossom Ranch that could also adversely impact Oil Well Road. Given the traffic demands that will likely occur both from the "Orange Tree Area" development surrounding this project, and the probable impacts associated with the Ave Maria University community planned east of this development, serious consideration should be given to improving Oil Well Road to a facility with two through lanes in each direction. Table 6B shows the resulting improvement in the service level of Oil Well Road if it were four-Ianed from Jmmokalee Road to the project site. The significance also reduces because of the resulting higher service volume. Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 Novennber16,2004 Page 85 of 93 If Oil Well Road were not widened, the directional reserve capacity without the project would be approximately 391 vph. Assuming that surrounding development did not accelerate the background traffic growth beyond the assumed rates, approximately 61 % of the site-generated trips for Orange Blossom Ranch could be accommodated without exceeding the LOS threshold value. Although the land development program could be adjusted numerous ways to provide a project that did not exceed the 61 % threshold value, if the commercial, golf course and recreational land use compositions were maintained, the result would be a reduction of the residential units that could be built before triggering the improvement need. One residential mix would consist of 520 single-family and 320 multi- family dwelling units, which would be about 60% of the proposed single-family, and about 45% of the proposed multi-family, units that could be constructed before crossing the threshold. That threshold would likely be crossed by 20 I O. Table 6B - Level of Service (PSPH - Directional) Year 2015 - 4-lane Oil Wen Road PM PM Peak Peak Peak PM Peak Proi. Total LOS LOS LOS ROA[)',VA Y LOCATION Dir. BKGD Traffic Traffic C D E Oil Well Rd EB 530 612 1,1 1,7BO I.B30 1.830 (CR 858) 'W of Project WB 110 319 729 1,7BO I.B30 1,830 INTERSECTION ANALYSES Intersection service levels were analyzed using the SYNCHRO<ID and SIM-TRAFFIC@, two software packages developed and sold by Trafficware, Inc. SYNCHRO@ is a traffic network analytical package that is used to evaluate the operating conditions of signalized and unsignalized intersections, optimize signalized intersection cycle lengths and splits, and develop coordinated signal progression plans. This software package computes MOEs consistently with the Transportation Research Board publication Highway Capacity Manual 2000 (HCM). SIM- TRAFFIC@ is a graphical animation software that uses the data from SYNCHRO@ to develop an animated model to allow the analyst to gain a better understanding of the probable operating characteristics on the studied roadway system. Capacity analyses were conducted on the existing and proposed roadway links and intersections that are inside the study area. Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 November 16, 2004 Page 86 of 93 Four site accesses are proposed for Orange Blossom Ranch. The western access will be a four-leg intersection, and the remaining three accesses will be three-legged intersections. All four site accesses were initially evaluated as unsignalized intersections operating with side- street STOP control. If service levels were found deficient, improvements were applied to the analyses until acceptable service levels were obtained. The Immokalee Road & Oil Well Road intersection is currently signalized. The site accesses were first analyzed as un signalized intersections, then as signalized if geometric improvements could not be applied to improve the service levels. Copies of the analyses are contained in Appendix D. Table 7A presents the Intersection Capacity Analysis results for the 2015 PM Peak Hour. According to the analyses, the Immokalee Road (6-lane) & Oil Well Road (2-lane) intersection is expected to continue to operate acceptably with full buildout (1,950 du's) site- generated traffic, although some minor improvements could be applied that would dramatically improve overall intersection operations. 7A. Intersection West Center Access East Center Access East Access Immokalee Rd (6-lane) & Oil Rd (2-lane) The unsignalized intersection analyses indicate that the three western site accesses will operate poorly at Buildout. Although the through traffic will continue to operate at LOS C or better, traffic approaching the intersections on the side streets will experience extremely high delays. This is a result of the lack of available gaps needed for the side street left turn ERR 70 62 17 B 15 N/A C 32 movements. Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 November 16,2004 Page 87 of 93 Closer examination of the printouts indicate that the left turn movements are responsible for the delays. Adding a second side street approach lane to the West Center and East Center Accesses will dramatically improve the approach service levels. Of the three, the worst MOEs were found on the West Access, where the computed delays exceed the program's ability to generate an output. The only effective solution to this anticipated deficiency is to signalize this intersection. Table 7B presents the improvements analysis results. As can be seen these improvements will provide dramatically lower MOEs when compared with the initial total traffic analyses. It is noteworthy that the intersection capacity analyses were all conducted with one through lane in each direction. These results strongly suggest that the four-Ianing on Oil Well Road may not be needed in order to allow the project to develop to the proposed buildout conditions. iTable 78 - Intersection Modification Analysis Results r"~W~"~d~_~~_"""'~"".~'" ^'^'"~._'~"^-___~..m,~,^"""-,~""-,,,,,^",w'Y~1-'~ ',,'..,','__....w.~",... "..-...,.,.'->>'" ~"'~'-'----'r~~~'~'~'~"-~w"w'" ,'.-" --""--'^'---'~"~'f-~'-~"--'''-V--'~''__ .".._.........! INTERSECTION !9i!,,!!:~I,~,~.,,.(2.~ Ia.~.e),~ West Access wW^' .,'''V'"",''''', '^'....,~.',v--'~.,.,.,.'..,.,."~'.?~~.w".'..,..,.,, .,_', ",_y,,_, West Center Access East Center Access i1mmokalee Rd (6-lane) & Oil ! !Well Rd (2-lane) MODI FICA TION j Total TraffiC, .' ,',. . w." ...~,~~!,~~,a.:~~:.~".n.n.Lw_~~~~~I.i=:~n~'J Conrtolling! Delay.' 'Delay,' ; Approach ! LQS Sec/veh,' LQS : Sec/veh i SBL&R SBL&R N/ An'_'__.n,_._~,___,__...LL..'n E 39: N/A ! E 43 N/A " , S.i.~.n,~!i~.a..ti "-n,,. ._.. SB Excl. LT & RT SB Excl. LT & RT WB Exc. Left. Shared Left/Right N/A B 20 TRAFFIC SIGNAL WARRANT ANALYSIS The site accesses were evaluated to determine whether they warranted traffic signals. The evaluations were done in accordance with the Traffic Signal Warrants published in the Millennium Edition of the MUTCD. For this study, the Peak Hour Warrant (Warrant 3) was the only warrant that was evaluated. Since the critical speed of the major streets will be greater than 40 MPH, the 70% volume level was used. Copies of the warrant studies are contained in Appendix D. Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 Novennber16,2004 Page 88 of 93 Although the three western site accesses may have future volumes that could warrant traffic signals, the capacity analyses indicated that only the westernmost access will have unacceptable unsignalized intersection operation; this was therefore the only site access that received a warrant study. The Oil Well Road & West Access intersection will likely meet Warrant 3 when the commercial development portion of the project is completed. This intersection should be monitored during project construction to determine if and when it meets signal warrants. IMPROVEMENT ANALYSIS Because many of the analyses were addressed in a previous section, this improvement analysis section will be limited in scope to a conclusive narrative. Improvements to Accommodate Non-site Traffic As presented earlier, Collier County has programmed roadway improvements for both lmmokalee Road and Collier Boulevard. These improvements will be completed by 2006, well before Orange Blossom Ranch reaches its buildout. Consideration should be given to widening Oil Well Road to a 4-lane facility in order to accommodate the combination of non-site traffic associated with the surrounding developments and the site-generated traffic. This conclusion was reached after evaluating the results in Tables 6A and 6B. A preliminary right-of-way (R/W) review indicated that the existing Oil Well Road R/W varies in width, from approximately 90 feet east of Immokalee Road and across the Orange Blossom Ranch site, to 100-110 feet through the "Orange Tree Area." These widths were estimated from the Collier County GIS, with actual R/W widths possibly varying from these estimates if field measurements were taken. Additional R/W should be acquired in anticipation of future widening. Oil Well Road should be periodically monitored by Collier County as developments are built, and the widening should be programmed as the service levels near the performance standard Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 Novennber16, 2004 Page 89 of 93 threshold values. Funding for these improvements should be derived from Transportation Impact Fees collected from the developments that will impact Oil Well Road. Improvements to Accommodate Site-generated Traffic The Orange Blossom Ranch site accesses will require exclusive left and right turn lanes in order to avoid conflicts between the turning and overtaking vehicles. The West Access should be signalized in order to provide acceptable operation. The remaining accesses should operate acceptably as unsignalized intersections with side-street STOP control. The West Center and East Center accesses should be provided with exclusive turn lanes on the side streets. The traffic signal at the Jmmokalee Road & Oil Well Road intersection should operate acceptably with only revisions to the signal timing plan, although consideration should be given to converting the westbound right turn lane into a shares left/right lane when the Immokalee Road improvements are constructed. Based on the analytical results shown in Tables 6A, 6B, and 7, no other improvements appear to be needed in order to accommodate site-generated traffic. MITIGATION OF IMPACT The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the proposed project. The developer will provide the appropriate turn lanes at the site accesses on CR 858 (Oil Well Road) in accordance with the County requirements in place at the time of the Subdivision Plat. The Oil Well Road & West Access intersection should be monitored in order to determine when a traffic signal is warranted. Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 Novennber 16, 2004 Page 90 of 93 ApPENDIX A - CONCEPT PLAN Orange Blossom Ranch PUD Rezoning ApPENDIX B - ITE TRIP GENERA TION Agenda Item No. 88 Novennber 16, 2004 Page 91 of 93 Orange Blossom Ranch PUD Rezoning Agenda Item No. 88 Novennber 16, 2004 Page 92 of 93 ApPENDIX C - TRAFFIC DATA Orange Blossom Ranch PUD Rezoning Agenda Item No, 88 Novennber16,2004 Page 93 of 93 ApPENDIX D - LEVEL OF SERVICE TABLES SYNCHRO@ AND HCS2000™ ANALYSES TRAFFIC SIGNAL WARRANT ANALYSIS Orange Blossom Ranch PUD Rezoning Agenda Item No. 8e November 16, 2004 Page 1 of 68 EXECUTIVE SUMMARY PUDZ-03-AR-3561, Hiwasse, Inc., represented by Robert Duane of Hole Montes, Inc., requesting a rezone from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse PUD to allow for a professional office, or indoor self storage, or a combination thereof for property located on the west side of Livingston Road, approximately one-quarter mile south of Pine Ridge Road (CR-896) in Section 13, Township 49S, Range 25E. OBJECTIVE: ....- To have the Board of County Commissioners (BCC) consider an application to rezone the subject site from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse PUD permitting a maximum of 91,000 square feet of professional offices including financial institutions, or 200,000 square feet of indoor self storage, or a combination thereof with a conversion ratio if both uses are developed and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject 12.5-acre site is rectangular in size and is currently zoned Rural Agricultural. The proposed commercial PUD is situated between the Kensington Park PUD to the west, Livingston Road to the east and Eatonwood Lane to the south. The petitioner indicates that the property was reduced in lot area and depth due to a right-of-way taking by Collier County for the extension of Livingston Road. As a result, the remaining land is long and narrow with a length of 1,400 feet and a depth of 390 feet. Because the site also contains a 235-foot-deep FPL easement, the remaining buildable portion of the site has been reduced to 155 feet in depth. The petitioner contends that the site is now too narrow for residential uses as permitted by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). As a result, the petitioner amended the FLUE by creating the Livingston Road/Eatonwood Lane Commercial Infill Sub-district that allows professional or medical office uses and other uses permitted in the C-l District including indoor self-storage facilities. The proposed PUD zoning must be consistent with this Sub-district. The Transportation Services Division has reviewed the applicant's Traffic Impact Statement (TIS) and has determined that the project (office and indoor self-storage) will generate approximately 2,365 Average Daily Trips at the build-out of the project in 2006/07. As a result, this project is not projected to significantly impact any Collier County collector or arterial road segment. As a result. this petition is consistent with Policies 1.3. 104.5.1 and 5.2 of the Transportation Element. FISCAL IMPACT: This rezone petition by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is approved for the conditional use, a portion of the existing land will be developed and the new development will result in an impact on Collier 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 identified projects in the Growth .--. Management Plan (GMP) Capital Improvement Element as needed to maintain adopted Levels of PUDZ-03-AR-3561, Hiwasse PUD 1 Agenda Item No. 8e November 16, 2004 Page 2 of 68 Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50%) of the estimated Transportation Impact Fees associated with the project is required to be paid simultaneously with the approval of each final local development order. Other fees collected prior to the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were 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 Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Sub-district) on the Future Land Use Map of the Growth Management Plan (GMP). This designation allows 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self-storage uses or a combination thereof with a conversion ratio if both uses are developed. This Sub-district requires that the project have its primary ingress/egress via Eatonwood Lane. Because Eatonwood Lane serves as an entrance into the Kensington subdivision, the residents of Kensington have expressed opposition to this required access citing traffic safety and security concerns. As a result, the petitioner has agreed with the BCC direction to amend this Sub-district in order to eliminate the access to Eatonwood Lane. With regard to the list of permitted uses, the Comprehensive Planning staff has concluded that the proposed bank and financial institutional uses (groups 601] -6099) are not consistent with the intent of this Sub-district that limits the uses to professional office. The BCC has previously determined that banking is classified as financial services and not professional office. Based upon the above analysis, staff concludes the proposed rezone is consistent with the FLUE subject to the elimination of the banking and financial institutional uses. In addition, due to the pending Growth Management Plan Amendment to eliminate the ingress/egress onto Eatonwood Lane, the PUD zoning shall not become effective until the amendment is ratified. ENVIRONMENTAL ISSUES: The Environmental staff has reviewed an Environmental Assessment Report for this project and has recommended approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition was not required to go to the Environmental Advisory Council (EAC) because the site was previously cleared and is devoid of any vegetation. ,""-" COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: PUDZ-03-AR-3561, Hiwasse PUD 2 Agenda Item No. 8e Novennber 16, 2004 Page 3 of 68 The CCPC reviewed this petition during their public hearing on June 3, 2004. By a vote of 6 to 0, the CCPC forwarded Petition PUDZ-03-AR-356I to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found that this petition is consistent with the Growth Management Plan (GMP) subject to the following conditions of approval: 1. Limit the hours of operation of the storage facility from 7:00 a.m. through 9:00 p.m. This limitation has been incorporated into section 5.5. J of the PUD document. 2. Add Depository institutions (groups 6011 - 6099) to the list of permitted uses in Section 5.4 of the PUD document subject to a Comprehensive Plan amendment to permit the use. The depository uses are restricted to the north portion of the property and conditioned on a full median opening on Livingston Road with a traffic light being determined by the Collier County Transportation Services Division as appropriate at the location. 3. Eliminate Section 4.17.C in the PUD document concerning the requirement for the indoor storage facility to provide an outdoor patio area adjacent to the customer entrance, a minimum of 200 square feet in area. During the public hearing, several residents from the surrounding developments objected to the increased traffic on Livingston Road resulting from the depository uses. As a result, the CCPC stipulated that the depository uses shall be restricted to the north portion of the property if a full median opening on Livingston Road with a traffic light is determined by the Collier County Transportation Services Division as appropriate at the location. Because there was public opposition to this petition, this petition could not be placed on the summary agenda. STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-03-AR-356I subject to staff and the Collier County Planning Commission stipulations that are contained in the PUD Document as otherwise described by the Ordinance of Adoption and Exhibits thereto. PREPARED BY: Raymond V. Bellows, Manager Department of Zoning & Land Development Review PUDZ-03-AR-3561, Hiwasse PUD 3 Item Number Item Summary Meeting Date Agenda Item No. Be November 16.2004 Page 4 of 68 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8C This item was continued from the October 12. 2004 Bee rfleeting. This item requires that all participants be sworn in ar.d ex parte disclosure be provided by Commission members PUDZ-03.AR.3561, Hiwasse inc., represented by Robert Duaner of Hole Montes, if1C.. requesting B rezone from Rural Agricultural tA) to Planned Unit DeV'eJoprnenl (PUD) 10 be known as the Hiwasse PUD to allow for a professional office, or indoor self storage, or a combination thereof for property localed on the west side of Livillgslon Road, approximately one.quarter mile south of Pine Ridge Road (CR.e96) ir, Seciion 13 Township 498, Range 2SE 11.116/2004 9~OOOO AM Prepared By Chief Planner 10/27120045:47:56 PM Ray BelloW$ Community Developnulnt & Environrnental Services Dilte Zoning a. Land Oevelopment Review Chief Planner Oat. Approved By Ray Bellows Community Development & Environmental Servicu Zoning & Land Development Review 10/27/20045:41 PM Constance A. Johnson Date Approved By Community Development &. Environmental Services Operations Analyst Community Development & Environmental Services Admin. 10128rl004 8;08 AM Date Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Devefoprnent & Environmental Sef'\llces; Admin. 10/28120048:30 AM Susan Murray, AICP Zoning & L.and Oevelopme"t Oj~ctor Date Approved By Community Development & Environmental Services Zoning & Land De'll'elopment Review 10/28/20044:02 PM Joseph K. Schmitt Date Approved By Community Development & Environmental Service$. Community Development & Environmental Services Adminstrator Community Development & Environmental Servic.es Admin. 11/1/200412:29 PM Norm E. Feder, AICP Transportation Division Admlnistnltor Date Approved By Transportion Services Trnnsportation Services Admin, 1112120041:11 PM OMB Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 11/3J2004 11 :45 AM Mark Isackson Budget Analyst DatI!: Approved By County Manager's Office Office of Management & Budget 11/4/20044:42 PM Michael Smykowskl Management & Budget Director Dal~ Approved By County Manager's Office Office of Management & Budget 1115/2004 B:45 AM Approved By James V. Mudd Board of CDunty Commissioners County Manager Date County Manager's Office 11J5'20041:13 PM Agenda Item No. Be November 16, 2004 Page 5 of 68 eotM.,. County _ ~l _ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: JUNE 3, 2004 RE: PETITION NO: PUDZ-03-AR-356 I , HIWASSE PUD OWNER/AGENT: Agent: Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Owner: Jeffrey Mangan, President Hiwasse, Inc. 2700 Pine Ridge Road Naples, Florida 34109 REQUESTED ACTION: To have the Collier County Planning Commission consider an application to rezone the subject site from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse PUD permitting a maximum of 91,000 square feet of professional office including financial institutions, and 200,000 square feet of indoor self storage. GEOGRAPHIC LOCATION: The property is located on the west side of Livingston Road and approximately one-quarter mile south of Pine Ridge Road (CR-896) in Section 13, Township 49S, Range 25E. (See location map on the following page. A copy of the Master Plan for the subject site follows the location map). PURPOSEIDESCRIPTION OF PROJECT: The subject 12.5-acre site is rectangular in size and is currently zoned Rural Agricultural. The proposed commercial PUD is situated between the Kensington Park PUD to the west, Livingston Road to the east and Eatonwood Lane to the south. The petitioner indicates that the property was reduced in lot area and depth due to a right-of-way taking by Collier County for the extension of Livingston Road. As a result, the remaining land is long and narrow with a length of 1,400 feet and a depth of 390 feet. Because the site also contains a 235-foot-deep FPL easement, the remaining buildable portion of the site has been reduced to 155 feet in depth. Agenda Item No. 8e Novennber 16, 2004 Page 6 of 68 The petitioner contends that the site is now too narrow for residential uses as permitted by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). As a result, the petitioner amended the FLUE by creating the Livingston Road/Eatonwood Lane Commerciallnfill Sub-district that allows professional or medical office uses and other uses permitted in the C-l District including indoor self-storage facilities. The proposed PUD zoning must be consistent with this Sub-district. Deviations: The petitioner has requested a deviation from Section 2.8.3.5.11 and Section 2.8.4.4.10 of the LDC to eliminate the requirement for single-use buildings such as the self-storage facility to have an outdoor patio area adjacent to the customer service entrance. This patio area is required to be a minimum of 200 square feet in area and to provide benches, landscape planters, and vegetative shading. The petitioner contends that the outdoor patio area is inappropriate and could cause safety concerns in the use of the self-storage facility. SURROUNDING LAND USE AND ZONING: Surrounding: North - Undeveloped land zoned The Related Group PUD, which is a multi-family residential project with a density of 6.99 units per acre. East - Livingston Road and the Brynwood Preserve PUD that is approved for 160 residential dwelling units at a density of 5.4 7 units per acre. South - Eatonwood Lane and the golf maintenance facility for the Kensington Park PUD. West- The developed single-family subdivision within the Kensington Park PUD that permits 570 dwelling units and 18 holes of golf. 2 Agenda Item No. 8e Nov8nnber 16, 2004 Page 7 of 68 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Commercial District, Livingston RoadlEatonwood Lane Commercial Infill Sub-district) on the Future Land Use Map of the Growth Management Plan. Future Land Use Element (FLUE): This designation allows 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self-storage uses or a combination thereof with a conversion ratio if both uses are developed. This Sub-district requires that the project have its primary ingress/egress via Eatonwood Lane. Because Eatonwood Lane serves as an entrance into the Kensington subdivision, the residents of Kensington have expressed opposition to this required access citing traffic safety and security concerns. As a result, the petitioner has agreed with the BCC direction to amend this Sub-district in order to eliminate the access to Eatonwood Lane. In regards to the list of permitted uses, the Comprehensive Planning staff has concluded that the proposed bank and financial institutional uses (groups 6011-6099) are not consistent with the intent of this Sub- district that limits the uses to professional office. The BCC has previously determined that banking is classified as financial services and not professional office. Based upon the above analysis, staff concludes the proposed rezone is consistent with the FLUE subject to the elimination of the banking and financial institutional uses. In addition, due to the pending Growth Management Plan Amendment to eliminate the ingress/egress onto Eatonwood Lane, the PUD zoning shall not become effective until the amendment is ratified. Transportation Element: The Transportation Department has reviewed the applicant's Traffic Impact Statement (TIS) and has determined that the project (office and indoor self-storage) will generate approximately 2,365 Average Daily Trips at the build-out of the project in 2006/07. As a result, this project is not projected to significantly impact any Collier County collector or arterial road segment. As a result, this petition is consistent with Policies 1.3. 1.4. 5.1 and 5.2 of the Transportation Element. Conservation and Open Space Element - The PUD document indicates that a combination of landscape, the FPL easement, lakes, water management areas, and qualifying open space areas exceeds the Land Development Code (LDC) requirements. Utilities and Water Manaeement Element - Water distribution, sewage collection and transmission systems shall be constructed thought the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way, or within dedicated utility easements, shall be conveyed to Collier County Utilities pursuant to Ordinance 01-57, as amended. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Collier County Planning Commission (CCPC) to the Board of County Commissioners (BCC). These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's Future Land Use Plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). 3 Agenda Item No. 8e November 16, 2004 Page 8 of 68 Other evaluation considerations (as noted below) include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Environmental Review - The Environmental staff has reviewed an Environmental Assessment Report (Exhibit "C") and has recommended approval subject to the conditions contained in Section 6.1 of the PUD document. This petition was not required to go to the Environmental Advisory Council (EAC) because the site was previously cleared and is devoid of any vegetation. Transportation Department Review - The Transportation Department has recommended approval subject to the approval of a shared access along the northern property line and as depicted on the PUD Master Plan. An access agreement with the property owner to the north is required. If an agreement for shared access cannot be reached, then only a right-in-right-out access is permitted from Livingston Road at an access point depicted on the PUD Master Plan south of the shared access area. The developer shall provide a turn lane at the project entrance onto Livingston Road, at either permitted access, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right-of-Way Manual and Ordinance 82-91. Zonin!! Review - The subject property is designated Urban (Urban Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Sub-district) on the Future Land Use Element of the Growth Management Plan (Exhibit "D"). This Sub-district also limits building heights to a maximum of 35 feet for professional and medical office uses, and 3 stories with maximum height of 50 feet for indoor self-storage uses. However, to improve compatibility with the adjacent land uses, the maximum building height has been limited to a maximum height of 35 feet for all uses. The PUD also requires the distance between structures separation between any two principal structures on the same parcel to be a minimum of fifteen (15) feet or a distance equal to one half (1;2) the sum of their heights, whichever is greater. In addition, the PUD development standards require that the principal uses provide the following minimum yards: 1. Front yard - 25 feet 2. Side yard - 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. 3. Rear yard - 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. These development standards are same as the standards in the C-I zoning district. Furthermore, there is also a 235-foot-deep FPL easement that prohibits development within the easement. This easement will serve as an additional buffer between the project and the adjacent Kensington community. Other design features to improve compatibility include the required Type "B" landscape buffer located between the Kensington PUD and the Hiwasse development tract. Lastly, the project will be subject to the architectural design criteria of the LDC and the standards contained in the Livingston Road/Eatonwood Lane Commercial Infill Sub-district. However, the petitioner has requested a deviation from Section 2.8.3.5.11 and Section 2.8.4.4.10 of the LDC in order to eliminate the requirement for the self-storage facility to have an outdoor patio area adjacent to the customer service entrance. Staff has determined that the outdoor patio area is inappropriate for a self-storage facility and could cause safety concerns. Therefore, staff supports the requested deviation. 4 Agenda Item No. Be Novennber 16, 2004 Page 9 of 68 Utility Infrastructure - Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned, and maintained in accordance with the current Collier County ordinances. The petitioner has agreed to these conditions and has incorporated these recommendations into the PUD document as follows: 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. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Livingston Road and close proximity to Pine Ridge Road. Furthermore, there are shopping centers and various specialty stores within a short driving distance of the subject site. Regarding the matter of timing, it should be appreciated that commercial and residential development has been approved within this area. After considering the availability of community infrastructure, the extension of Livingston Road, it is clear that the development ofthe subject property is timely and consistent with the GMP. Public Information Meetin!!: The petitioner held a Public Information Meeting on October 7,2002, at the Kensington Golf and Country Club Clubhouse. Approximately 60 persons attended the presentation given by Hole Montes, Inc. During this meeting, several persons expressed the following concerns: I. Concerns over proposed building height for indoor self-storage facility of 50 feet. The petitioner has modified the PUD document to reduce the maximum height from 50 feet to thirty-five feet. 2. Concerns with the indoor self-storage appearance. The petitioner has indicated that units comprising the self-storage facility will only be accessed from indoors and that the facility will be subject to the Architectural design requirements of the LDC. 3. Concerns with the proposed ingress/egress to Eatonwood Lane. The petitioner indicated that the Livingston Road/Eatonwood Lane CommerciallnfiU Sub-district of the Future Land Use Element requires this access. However, because of these concerns the petitioner is currently in the process of amending this Sub-district to eliminate the requirement for access to Eatonwood Lane. }..!j'yvaS:-)f<:~ 5 Agenda Item No. 8e November 16, 2004 Page 10 of 68 STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward to the Board of County Commissioners a recommendation of approval of Petition PUDZ-03-AR-3561 subject to the conditions of approval that have been incorporated in the PUD document and including the following additional conditions. 1. Eliminate banking and depository institutions (groups 6011-6099) from the list of permitted uses contained in the Hiwasse PUD document. Staff has amended the attached PUD document to eliminate these uses. It should be noted that the petitioner does not agree with this stipulation. It is their contention that banking and depository institutions are similar in nature to professional offices. 2. The Hiwasse PUD zoning district shall not become effective until the pending amendment to the Growth Management Plan eliminating the ingress/egress onto Eatonwood Lane is ratified. The petitioner has agreed with this stipulation and has revised the PUD document to include this requirement. PREPARED BY: RAY BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: 6 Agenda Item No. 8e November 16, 2004 Page 11 of68 RUSSELL A. BUDD, CHAIRMAN REZONE FINDINGS PETITION PUD-03-AR-3561 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 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 ofthe GMP. The subject property is designated Urban (Urban Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Sub-district) on the Future Land Use Map of the Growth Management Plan. This designation allows 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self-storage uses. Based upon the above analysis, staff concludes the proposed rezone, as revised is consistent with the FLUE. 2. The existing land use pattern. To the North is undeveloped land within the Related Group PUD. This project is a multi-family residential development with a density of 6.99 units per acre. To the East is Livingston Road and the Brynwood Preserve PUD that is approved for 160 residential dwelling units and at a density of 5.47 units per acre. To the South is Eatonwood Lane and the golf maintenance facility for the Kensington Park PUD. Lastly, lands to the west is the developed single family subdivision within the Kensington Park PUD that permits 570 dwelling units and I8-holes of golf. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezone to the Hiwasse PUD is of sufficient in size and located within the Livingston Road/Eatonwood Lane Commercial Infill Sub-district that permits the proposed uses. Therefore, the subject petition 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. The Proposed Hiwasse PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. EXHIBIT "A" i"~j;,Nasse 7 Agenda Item No. 8e November 16,2004 Page 12 of 68 1. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD is appropriate since the subject site has been reduced in depth due to a right-of-way taking by Collier County and the 235 foot deep FPL easement. As a result, the ability to develop the site for residential uses has been greatly diminished. In addition, the BCC approved the Livingston Road/Eatonwood Lane Commercial Infill Sub-district that permits the proposed uses contained in the PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the neighboring properties due to the project's consistency with the GMP and buffering provided by the 235 foot deep FPL easement that serves as a buffer between the adjacent residential developments. In addition, the proposed rezone will have no significant impact on any adopted level of service standard. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP. These are policy statements advising that this project when developed will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, the Hiwasse PUD has been reviewed for consistency with the applicable regulations and required to mitigate all surface drainage generated by this project. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The Hiwasse PUD will not seriously reduce light and air to the adjacent properties. Furthermore, all projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (Le. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 8 Agenda Item No. Be November 16, 2004 Page 13 of 68 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed office uses and self storage uses and applicable development standards including landscaping and architectural standards within this PUD and the LDC are consistent with all Collier County requirements. As a result, staff is of the opinion that the proposed PUD will not adversely impact 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 undeveloped properties nearby should not be affected by the requested zone change in that the project provides a landscape buffer, provides increased setbacks and is consistent with the GMP. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed change will not constitute a grant of special privilege since the proposed PUD complies with the GMP. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Due to the right-of-way taking and the 235 foot deep FPL easement, the subject property is no longer suitable for residential uses. In addition, the project is being developed in accordance with the existing Future Land Use Element, which permits the proposed uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The Hiwasse PUD 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. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. ,"hVi5','''' DUD 9 Agenda Item No. 8e November 16, 2004 Page 14 of 68 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 area within the subject site affected by the proposed rezone is currently structured and consistent with the Future Land Use Element to receive such development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. 10 Agenda Item No. Be November 16, 2004 Page 15 of 68 FINDINGS FOR PUD PUD-03-AR-3561 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. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Hiwasse PUD 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 Hiwasse PUD 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. The Hiwasse PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC to assure harmonious relationships between projects automatically regulates external relationships. EXHIBIT "B" :-l~\/~:(:;S s.": 1 ] Agenda Item No. se November 16,2004 Page 16 of 68 5. The adequacy of usable 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 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. 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. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics ofthe property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, the Hiwasse PUD will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. 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. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. ]2 ovoo 000 to 0.... ON 0 Z -" to..... E::::o> .!!:l0>0l -.oltl (\'lEa... "00> c> (1)0 Jlz wi'; ~ ~ '" ~ '" I '" U QVO~ N01SDNlI\Il 3111n AVM .::10 lHDI~,Ol~ 3~mn:J o < :i? w g ii w z a: "" is 15 0 I" g Z r 0 w ~ w- ~ ,=!;( < "" r z UJO ~ ~ 0 -' '" ~ :ffl:)$ OJ..LON / - ~ ~ i~ ~ ~ ~~~ . ~~; ~ D ~~~ - ~~. s.' ~ ~ g ~ ~ u ~ ~a R~~ (to ~ ~~i ~ z w w.'^31noe ~) 5 z w 9"w g ~ OH'f'1.311108 """~O' OHY~no8 68 ~ ~~ ~ ~ l:}::l -~ - ~~ ~ ~ ~ ~. g~~ ! i G i I ~~ (Lr ,r:>) ~l - ::UV1~31NI ~ ~ ::1::: ~ Pli ~ ~. !~ ~ U'IIUlcS10N RO...n ~ o < o or ova}! NOLso.....n ~~ -.0 ~~~ h w ; ~~ ~ ~. ~~ :I; .. ;1; ~ O'f'OY ~lTlnd .l~dHl'f' ~ i ~~ ~~ ~ ~. ~~ go 9 .~.:> "(]A 19 )j:':.i~ 2l..i31OOo:l ~y 00(' a.. <3: ~ W I- en CD It) t"') , Q: c( '" 0 0 '" , " C ::l Q. =II: Z 0 l- I- W Q. j a.. ~ ~ ~ <3: ~ ~ 2 ~ Z 0 - I- <3: () 0 ....I r- Agenda Item No. se November 16, 2004 Page 1B of 68 '- -.eJ APPLICATION FOR PUBLIC HEARING FOR: PUDREZONE Date Received: Planner Assigned: PUDZ-2003-AR-3561 - PROJECT #2002090002 Commission District: DATE: 1/8/03 RAY BELLOWS Petition No.: ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s) HIW ASSE. INC. Applicant's Mailing Address 2700 PINE RIDGE ROAD City NAPLES State FL Zip 34109 Applicant's Telephone # 239-643-4440 Fax # 239-649-0427 Name of Agent ROBERT DUANE Firm HOLE MONTES INC. Agent's Mailing Address 950 ENCORE WAY City NAPLES State FL Zip 34110 Agent's Telephone # 239-254-2000 Fax # 239-254-2099 Agent's E-Mail Address:BOBDUANE@HOLEMONTES.COM COLLmR COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 W:\2001 \2001 076\PUD\APPLIeATION.doc ~--""---" I ~:. Agenda Item No. Be ~ November 16t 2004 Page 19 of 68 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: KENSINGTON PARK MASTER ASSOCIATION. INC.. Mailing Address 1044 COSTELLO DRIVE City NAPLES State ~ Zip 34103 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 lNDIVIDUAL, 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 P~cenmgeofOwn~~ W:\200 1 \2001 076\PUD\APPLIeA nON.doc Agenda Item No. Be J November 16, 2004 Page 20 of 68 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. CREATIVE-TRADERS FINANZ- ANSTALL, a Liechtenstein corporation Name and Address, and Office J efIrev Manean - President Kenneth Johnson. Vice PresidenVR.A Timothv Maurais. Treasurer (See attached list of beneficial owners) Percentage of Stock (The address for all officers listed above is 2700 Pine Ridge Road, Naples, FL 34109) 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 ofIntcrest 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 Pe~entageofOwn~ 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: W :\200 1 \200 l076\PUD\APPLIeA nON.doc .. " ... .~.i. Agenda Item No. Be Novernber16,2004 Page 21 of 68 EXHIBIT "8" Name of Corporation, Partnership, TrustITrustee: Name: Creative - Traders Rnanz - Anstalt A Liechtenstein oorooration Address: 2700 Pine Rido. Road NaDles: Florida 34109 HiW$l!l:se. Inc. Name~ Address: Name: Address: Name: Address: Name: Address: Name: . Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address; NamA' 'O'd BO:SL ZOOZ lL .~O ~ .~...._.. BLZL-St'-6&Z:Ke~ NVW310J 311310009 _# Agenda Item No. Be November 16, 2004 Page 22 of 68 HIW ASSE, INC. - Beneficial Owller, 'L'~ -.. ' \.\........ t tJ' to' : '..0.-,' . ..' . ,,' .. . . ., I . . Agooda Itef'Pl No. Be EddbitJoVam~ t3, '2004 ~ ~.23.o..!.?8 .. ' . . .. . . ....- '. 19..5'0 .~() 015685'5 COWER COUICTT . .... \z . ~'.'8 J · IIECDRDED . I .. I " , , ,. T :- 'aU.a ~t..~ brl .loa Jr. Br:IIftal', ~ . lOUrs, .....~~~~, JIIDA. I ~, .00 piftIa Aftrma 8osl1:!t., 81d.t:a 210 Jlaplu, n=ida 12.40 1 P.A. c := Q:I'C) gta ::-= U'l =B DOC~ INT_ IND .. Y'V. --..n ..... ~ '~.r. wap.a-r .. x.4. tb8 c?i#S day of ~ ' A..D.., 1.n b1 i7aD Jr. ~, .. ~~ \Ul4aJ:' ..aent. JIab.J:' 1111-1., dat84 Deoallber 21., 1'.', an4 -"OBI' Jr. mmGIGD, .. ~t._ 1UIdc- %ADd :n.t: ~~ HuMa: 36- = 3.&-31, da~ J)eo~ 22, 11", ban~ ca11e4 ~ Gran1:or, t.o Q lI%1IUa, DC., a nadda ODqlont1cm, vhD.. po81:oUlca &a4ra.. UI i2 = .00 P1rt!L A'YaIma Ioa.t.b, auita ZlO, ..1!1~, J'larida. 32"0, huaiil C') C) ~l1ad~~1 m = t.n ~ 1IIIecl baZ'e1D t:ba 1:aai8 .91='~ &Del ."IjJrUl1:ea" iDa1.u. aU ~ JNIft,la. 1:11 i:hJ.IC 1M~ &Del the hain, 1.,..1 :lIp:r:.aazat.at.b_ aDd ...1pa ot .lD41Ti4ua.1.. .,ul tIl. qon..ori and a..1pa of 00%'p0Z'a~) 1IIo,-_tL -I ~~ ~ ~, tOll: ua4 iD' aaDIlida:a1:1cn of tIla lI1Ia of tl0.00 UI4 ~ Yalua1. aauUantJ.au, 2;aCI.1J* vbanot is ~ acJc:Dovl~cI, henbr vz:Mu, ~, .a1.3.a, aliaDa, J:'Dia.., nl.a..., aomrar. u4 DCIIlt1~ \lAt:o the tJ2:'AIIt:aa, all that cert:a1D :Lan4 .11:uta 1A Collie ~, Florida d..criad aa tDUCIWIII . . . I.. Exhibit "A., a't:t:ac:hu hC'llto u4 _da . p~ harect, ~" ftI i~-.. ri~ &1.1 ~ t~__ta, har8di~nbJ and .~. 1:.her-= be1.cmvinv ~ iA arwUe appe:ta1.nin.,. to a. ...- to~. 1:.he .... iA f.. dllpl. f02:aT..J:'. JIll>> ~ lJZ'~el:' heZ'aby CIOYanazrt:a vi. 1:h .a14 WJ:'aD1:.. that tIla 'Iranto:' 111 lav:u.ul' ..18.11 of .aid lusd 1ft :e.. dap1.., 't:ha't: tIl. ;ranta:' baa 9004 d;ht &nil lavtul .uther! tor t:o ..11 ancl Donny...1,cI lanclf and huaby v&n'anb the title to ...icllud will hf.ncl the .... -.piut the lavtul c1aiu of all paraou cl&DiDg ~, th%oIl9h . OJ:' \ZDclar 'the .aid VJ:"utor. I . I ' . iIlJ nocumunll'l' Stllmp 11.. IaceNed S ~Cllln "C" Intal\flble >teceIYlld S .nwanDl Propot\)' 1.. ':OLU~RCNTY CLLJlk r c~.. . .. J _~_.Ol:. FlY ~~ .. .' .. EXHIBIT I / ..... -~". :1 ~." . J Agenda Item ~o. Be . NovefIlber 16, 2004 r,.P.age Z~ .of 68 .-- _.-:~ '" - o 0 0 6 0 6"; · Ii PAGE .. ". I:' ..~ ~ .' fasS" .. OR BOOK' ~ j D "o\.V'nl - II, the. 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I&IAIU AND ~ P.A. t>- --\-._......_ , _ .....'IIAL......._ .......-. - -.----- .......~ ,,' . . . xmlftrP -All & - , ,. ,o' " . ~ Agenda Item No. 8e . ~ November 16, 2004 : . 'f' ..' ~age 25-of 68 ,t. ~. '1'ba ~ 110 fee DC tIl. IIaatibaut: ~ UI4 the But ~10 t.., oC ~. loutA.a.~ Q~.r of ~. ao~".~ Qu~ar 1~ 1a aR1:1DIl U, If....8b..lp U aoll1:!L, .....,. :lI kit:':. CoWer coaat:r, norUa, . ~, LaS UID ~t tba ~Dll_1ftlJ tZ'Oli \:!M aIIaYa duarJ>>e4 I puae11 . . . (' .nciDI at: t:.ba ~t: carnar of aec:rtJ.oa 12, 'feND- 8bJ.p 41 aout:Ia, .... 21 aR, C011ic' CCNIlty, Plod-cia and r:ma JIoI:1:Il 00-0'147- ~ UDIIIJ tba ~lJ l1Aa oC .&14 .eat1oft 13 fDr 2125.11 ~_t, ~ Z'UIl 'South 1'-10113- ...t tor 12D.ao feat: 1:0 tba 1'0111'1' 01" ImD- xmo, ~.r- aont.i.nua IcNth IIt50111w 1IM't far 210.00 feet, ~~:nn Rcu:t.b 00-O,147w ...to for 00.00 faet., t'JIRWe z:wa JIaI:t:h "-50'12. ~ for 3.0.00 faR' tbaDae na aaut:II ao-o"n.. -.-to far UO.OO f_t Q t:ba Point: cd: JlelJiIIIdDv, aont::aJ.nin9 2.1 aare. 'lIOn or leu, lIUII- :1-= = IlU.....U, natrJ.at:iona u4 reaanat:.1oD8 of ~. aaa.vDN !rO. mE aaM'1'01\ . ~ zaaaMUt., with t:ha r1lJbt: t:o eaoIIYllt:e en: OOIlll~C1' ~~ellu ~aoD, D'NZ'" aDd. , aar-. 1:be 8au1:h laD t.., of th. BaR 510 f_t: of tile 10lI1:!L- eaft Q1aar1:aJ: ot. a.ct.1oll 12, 'rova.h1p U 8OU1:.b., Jt&DV. :l5 ZUi:, Co1Uar Ca\lllt;y, Florida. ltnpu'e4 bra (J-{~I ~i;.A-- "'h.... \ . el.aOft, . .. ' . ........ I"1crri.da .... ap. 1013 ......... t., t..:"',-". JI8Viae4 JIoY. 11, I'll /.. .~~:......~; " ". _--.....l__~ __.. ... .. ..s:&. ..,. .101 ,... '. .'. ......-~ ....... ..,.. I'......~l'v....'. "-I ......". i :i.,'.'. ..:.... r t if,,,, l:~l.i ! i J; .'\ '; :.,\':. C'~ .:. i \ \,. '. ' -- .-- .-',:~: ."...l.~ ....::~..,::..... .or... ......~~, 1:;:" III ,..-' .................. , <<::) :::a c:J o o :::-: CI) = en Q Q ~C>> ~ en rT'I c::I ~ ..... ..... '. - \J'- A r. "!. --. -- JS95~ OR BOOK - -- ---..;.-"'- -_J_ - - - - - - - p. III1:lClI: lOAD ! -1111 r , SECTION 13, TOWNSHIP 49 SOUTH, RANCE 25 EAST SKETCH PREP AREO BY: WILLIAM C. MeANLY & ASSOCIATES. P,A. 5101 EAST TAMIAMI TRAIL. SUITE 202 , NAPLES, FLORIDA 33962 (813) 775-072.3 REvrsm HOV. n, 11., ftElnSED FEll. 11, 1.12 . I "PfI " , . If. " , 'Aqenda Item No. 8e . : 1fovember 16, 2004 .... Page 26 of 68 ,t , " " ... ., . " .: 0'0060'8 -. ... ,... ~_. . 13 /18 I I l. I" ,. " , . .. . SKETCH.ON~Y MOf 4 ~Y ~'l :r, ~, ~l r.:Il , I '.r-1llGHT r:1f' WAY rat I '"r LNMaslaN !lOAD , I , . ~ I · MUIlt 130' ;2;. I' RDf1' " WA' ,... ::s I tHE CCMlI:C:'lIaIt 1D I I Jl . ""'- UWICS'IDN IlDo 9 -- lDWC .'IE MEA ~S' .. ii A(. 70.1. ,: z: f , sa I . t2lUlO' . fn :. I IU'lIln.'nr !a ,~I{ I ~ L_, I 5 : I ~ I. .,.l I ~l' ~ Iii; ~ 11/'" I I I ~' II I I I I 00' lIflAINAar: ~r -~1,;31 8 ';~g\'I' ............. ~..~,f~~c . """" poCo .... ~_ ,,," Co M 24 19 ., ",fT.C)r.~~' \,)"~...."" .. , ' " . "'.. ,. ~ . t.~:. . '\;. c- 0-1 Blt200D ~ tJER.ccurri .OOt-,~61 . . 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Mr:aon, ~c ~ en:' ell4oZ'ael:', heJ:.by ...1... ...__.t4JId:, ,.~DI:_'t, no't1aa" nat.1ae oC p:o~t and natioa of l1ie11anor ad -wr..a bI par all' ante, 1ncIlud1..., nuaDllb1e .tt:Dl:lNlr.t ,_, wbet:bti&- II\Ilt _ b.wtbt or not,' Lr, aftal:' ..t:llrl1:r oC t:hJ.a IIoa II&' default: bel:'8unc1el:', 01:' and.. ad. ~tIJa9., aoun_l ..11 .. IIIIP10pd to oo11eo1: t:IIb lot:a or to ~t.eGt 1:be HOUri t:1 'ot ..14 1IKtpp. j. a. ~...... bal:'8!ll, t:taa ~ -h014K-'~Ir" ad -parae- "11 l1li OCII...U..... 1ft t.hII a1nplaZ: or plva1 .. the OOII~ -r ~ II&' adldt: · ~~ I .. . . : ,a. . ft'Utea for hrk . ~~, '" .f !" . . - '. ..... 9_. ,. _ --- tt....... ,l. . ~ Agenda Item No. Be "00 II.Nlo'(S'r1'Jber16, 2004 It It Page 31 of 68 PAGE ~. I '140,000.. " " Jlabl:1a ''" - ...z . .00 It:Ia a..... ..tII, _u~. no "'1'" norw. n.40 \ cll\wpll\M. a.n~""""-'1IO'n Agenda Item No. Be November 16, 2004 Page 32 of 68 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 (see attached deeds) leased (): lease yrs.lmos. Term of 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 Ie!!:al description of the propertv covered bv the aPDDcation: (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) 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: 23 Township: 49 South Range: 25 East Block: Subdivision: N/A Lot: OR Book 1695 Page #: 000605 Property 1.0.#: 00258970908 Metes & Bounds Description: See attached Exhibit "B" Le2a1 Descrintion . 4. Size of property: 390 ft. X 1400 ft. = Total Sq. Ft. 546.000 Acres 12.515 5. Address/e:enerallocatioD of subject property: located 1400 feet north of the intersection of Easton wood Lane and Future Livin2ston Road W:\200 1\200 1 076\PUD\APPLICA nON.doc Agenda Item No. Be ~ November 16, 2004 Page 33 of 68 6 , Adjacent zoninl! and land use: Zoning Land use N AIP.U.D. Vacant portion of Related Group PUD and Kensinlrton Park PUD S P.U.D, Kensington Park Maintenance Area and residential development E AIP.V.D. Vacant/Arlington Lakes PUD/Bvrnwood PUD W P,U,D. Kensinlrton Park/residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page), Nt A Section: Township: Range: Lot: Block: Subdivision: Plat Book_ Page #: Property I.D.#: Metes & Bcunds Description: 7 . Rezone Reauest: This application is requesting a rezone from the Aericultural zoning district(s) to the PUD zoning district(s), Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Professional office or medical use buildings 8, Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the 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 describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. W:\2001\2001 076\PUD\APPUCA TION.doc ~ Agenda Item No. Be November 16, 2004 Page 34 of 68 AFFIDA VIT - ~ WeIL.-Je;ff MA#J6J<l t.J being first duly sworn, depose and say that~ am/ttre theA!!f!!l!!Jj g[ the property described herein and which is the subject matter of the proposed hearing; thb(Pa1rW 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 llnd belief. wen understand that the informati,!n 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 Wenfurther authoriz~rl~ "ht\Q ~ 4b\,p ~ to act as our/my representative in any matters regarding this Petition, Signature of Property Owner IW1GAJI Typed or Printed Name of Owner Typed or Printed Name of Owner The.i""'.fjf instrument was aclrnuwledged b or . 1'61n day of ~ 200 ex , by '-~ ~ who' ersonally known to or has produced as identification, (Signature of Notary Public - State of Florida) State of Florida County of Collier ~ ~-.-\e~~ (print, , or Stamp Commissioned Name of Notary Public) 10f411002APPLICATlON FOR PUBLIC HEARING FOR pun RE-ZONE ~ It Agenda Item No. Be November 16, 2004 Page 35 of 68 EXHIBIT "B" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED . AS FOllOWS: . COMMENCE AT THE NORTIIEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLlER COUNTY, FLORIDA; THENCE RUN S,oooI5'37"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECITON 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER. OF THE NORTIIEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECITON 13; THENCE RUN N.89"23'53'W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ~GLES TO, THE EAST LINE OF THE NORTHW AST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; TIIENCE RUN S.OO"15'3T'E., PARALLEL wrrn THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LlNE OF TIrE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.OOO09'47''E:, PARALLEL wrrn TEE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.33 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSIGNfON PARK. PHASE THREE-B ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBliC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89"SO'13"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK. PHASE THREE-B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N.OOO09'47''W., ALONG TIlE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE soum LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N. 00)15'37"W" ALONG TIlE BOUNDARY OF SAID KENSIGNTON PARK. PHASE THREE-B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSIGNTON PARK PHASE TIiREE-B; TImNCE CONTINUE N.Ooo15'37''E., ALONG TIlE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO THE PLAT nmREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBUC RECORDS OF COllJER COUNIY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POlNT ON THE SOUlH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.89"23'53"E., ALONG THE SOUlH LINE OF THE NORTIrEAST QUARTER OF THE NORTHEASrbR QUAR'I'ElrCWS-AIIfSE'CTION IY,FOR A DISTANCE OF 390:05 FEET TO THE POINT OF BEGINNING; CONTAINING 12.515 ACRES, MORE OR LESS. TInS PROPERTY IS SUBJECT TO EASEMENrS, RESERVATIONS OR RESTRUCTION OF RECORD. BEARlNGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOum, RNAAGE 25 EAST, LEE COUNTY, FLORIDA AS BEING S.OoolS'39"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 W:\200 1 \2001 076\MJR\EXHIBIT B LEGAL DESCRIPTION.doc Agenda Item No, Be November 16, 2004 Page 36 of 68 Hiwasse Commercial Center Narrative The subject 12.5+ acre property is located in the western side of Livingston Road and is between station 270+80 and 286+80 of Livingston Road (the centerline intersection of Pine Ridge Road is station 300+00). This proposed project has about 5,0 acres of commercial on the eastern side of the property and 7.5 acres of Florida Power & Light Esaement on the western side. Eatonwood Lane is located on the southern property line of this project. The project has been broken down into 2 types of watersheds; one in the'commercial tract and the other grass FPL easement tract. The commercial tract has to provide the required 1/2" pre-treatment dry detention, which is the parking lot runoff prior to discharging into the County storm sewer system, The control structure will be located at the southern end of the site and the discharge pipe will tenninate at the Collier County's 18" RCP which is stubbed into the site at station 274+50. The storm water management plan is based on Dry Detention. The Livingston Road storm system discharges into a storage basin at station 238+00, and it is designed with a 10-year water level of 10.05 NGVD and a designed 25-year water level of 11.78 NGVD. This basin discharges into the 1-75 canal 5,000 feet east of Livingston Road, the canal has a lO-yearlevel of 9.6 NGVD and a 25-year level of 10.5 NGVD. On the eastern side of the proposed Livingston Road is a ditch with a bottom elevation of +5 NGVD. At the time of the survey for Livingston Road the water level was elevation 7.3 in the ditch. Based on the cross-sections of Livingston Road from Station 270+00 to 290+00 the existing ground at Hiwasse is about elevation 10.6 +/-, The assumed wet season water level at the site is 8.0 NGVD. Agenda Item No. Be November 16, 2004 Page 37 of 68 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST 1. NAME OF APPLICANT: Hiwasse. Inc. 2 . MAILING ADDRESS: 2700 Pine Ridge Road CITY Naples STATEFL ZIP 34103 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 13 Township: 49 South Range: 25 East Lot: N/A Block: N/A Subdivision: N/A Page #: Property I.D.#: 00258970908 Plat Book Metes & Bounds Description: See attached legal description 5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [gJ b. CITY UTILITY SYSTEM D c. FRANCmSED UTILITY SYSTEM D PROVIDE NAME d. PACKAGE TREATMENT PLANT D (GPD capacity) e. SEPTIC SYSTEM D 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTYVTILITYSYSTEM b. CITY UTILITY SYSTEM c. FRANCmSED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) [gJ D D D W:\2001\2001 076\PUD\APPLICA nON. doc Standard Rezone Considerations (LDC Section 2.7.2.5) Agenda Item No. Be November 16, 2004 Page 38 of 68 ~ 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. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9, Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. J 1. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. J 2. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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. 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 W :\2001 \200 1 076\PUD\APPLICA nON.doc ~ Agenda Item No. Be November 16, 2004 plan and as defined and implemented through the Collier County Adequate ~~%.~ 39 of 68 Facilities Ordinance [Code ch. 106, art. IIj, as amended. 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. pun 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. 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. 3, Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 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 and facilities, 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 determination 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. 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? N/A W :\200 1 \200 1 076\PUD\APPLICA nON .doc ,---'- 11. Agenda Item No. Be November 16, 2004 Page 40 of 68 Additional Submittal reauirements: 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 t20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and ImmokaleelWater Sewer District, if in Immokalee) of a 24" x 36" conceptlllil site plan [and one reduced 812" 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 ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include 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, a, An architectural rendering of any proposed structures. 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. 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 boundaries. 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.). d. Statement of utility provisions (with all required attachments and sketches); e, A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; W:\2001\2001076\PUD\APPUCA nON.doc ~ Agenda Item No. Be November 16, 2004 Page 41 of 68 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); 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. h. An electronic version of the PUD on a disk as part of this submittal package. W:\2001 \2001076\PUD\APPLICA TION.doc ! I I ! i i 1 I : ,~U1~1~--r1 J ,I I: : ::j : I : ::. :: ; ::1 : I , "I' f: , " 'I : ::' : I : ::1 : i I ... :~ ,. ~T~ *---1 i I 'I' ,. : :., : 1 ~ ). : I: I: 'll! I" : I : ~ : U .: I ", : I , : U ~: : I': : I r I .' : I': : i ': . I ! l: :! I" I I : Ii :! I: D I, i j: c '~ .: i I ---- Ii! I ~~ c..::: ", II I: I: ii :! ., I' I: :! !I~ I" 'I' IS!! t I _~ , i 11 I" .. I ... ! !! iil : \: .-1 ! i! I!~ I " V '1: .. i! I " I: " \: , ., I: ., I: " : I: I ., I; ,I: 1- ., ,~ \1: :~ ..: :. S' ,P I' , ' ,~ !: ';: I 1:--' I ., I I I' , l ::: j--a1tuH' I I' I !. I' m_____u____nu_. :---f--l~ cu------:> ___U_h~--U;:! I 't- uuu__ ...,;::::::> I: I : r _________1 I__~n rm---~! ! - ------.-f--------i-!--~ 1 nl r .____ ' , !:"':i d ::1 I' I' II " : ::1 :1 . II, . :1 : ,. ' :1 : .. ' :1 : 1-:1 Illl !inl s '" i ~ IC:f .~ z < ..I lL' < ac:' lIll- I-- (1)111 <: :1>< QW :;) lL f!li~ I fill .. .. .. .. ~~ i a III d .{;;. <> .~. t ! B ~ w (I,) (I,) II( ~ s: w :: I- ." p . B.. · c R ~ 5 Nee C :l :: : :;; .. dill": c I i I" c i P; ! c c c ... ~ II! = Ii 1M c . II III oJ Ii ~ c .. ... .. III :; C ,.. t " . l!: ... RE-SUBMITT AL -. . PUDZ-2003-AR-3561 PROJECT #2002090002 DATE: 418/04 RAY BELLOWS 10 l , ~ -"'--"~--------'~'I'. Agenda Item No. Be November 16, 2004 Page 43 of 6B ORDINANCE NO. 04-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA. AMENDING aRDINANCE NUMBER 2004-41, THE COLLIER CaUNTY LAND DEVELOPMENT CODE, AS AMENDED, WHICH INCLUDES THE COMPREHENSIVE ZaNING REGULATIONS FaR THE UNINCaRPORATED AREA aF caLLIER COUNTY, FLORlDA BY AMENDING THE APPROPRlA TE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRlBED REAL PROPERTY FROM "A" RURAL AGRlCULTURAL ZONING DISTRlCT TO. "POO" COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRlCT TO BE KNaWN AS THE HlWASSE CPUD CONSISTING OF A MAXIMUM OF 91,000 SQUARE FEET aF PROFESSIONAL OFFICE AREA IN A BUILDING CONTAINING A MAXIMUM OF 200,000 SQUARE FEET OF INDOOR-SELF STORAGE AREA WITH A MAXIMUM ZaNING HEIGHT OF THREE (3) STaRlES OR THIRTY-FIVE (35) FEET LOCATED aN THE WEST SIDE aF LIVINGSTON RaAD APPRaXlMATEL Y aNE-QUARTER MILE SOUTH OF PINE RlDGE RaAD, IN SECTION 13, TaWNSHIP 49 SOUTH, RANGE 25 EAST, caLLIER CaUNTY, FLaRlDA, caNSISTING aF 12.5x ACRES; AND BY PRaVIDING AN EFFECTIVE DATE WHEREAS, Robert L. Duane, AICP, of Hole Montes and Associates, representing Hiwasse, Inc", petitioned the Board of County Commissioners to change the zoning classification of the herein described real property" NOW, THEREFaRE BE IT aRDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION aNE The zoning classification of the herein described real property located in Section 13, Township 49 South, Range 25East, Collier County, Florida, is changed from "A" Rural Agricultural zoning district to "PUD" Commercial Planned Umt Development (CPUD) in accordance with the "Hiwasse" CPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein" The appropriate zoning atlas map or maps, as described in ardinance Number 2004-41, as amended, the Collier County Land Development Code, is hereby amended accordingly" SECTION TWO. This Ordinance shall become effective upon filing with the Department of State" PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2004. BOARD aF CaUNTY COMMISSlaNERS COLLIER COUNTY, FLORlDA ATTEST DWIGHT E BRaCK, CLERK BY DaNNA FIALA. CHAIRMAN Deputy Clerk Approved as to Form and Legal Sufficiency Patrick G. White Assistant County Attorney Agenda Item No. Be November 16, 2004 Page 44 of 68 PUDZ-2003-AR-35611RB/sp Page 1 of 1 Agenda Item No. Be November 16, 2004 Page 45 of 68 HIW ASSE A PLANNED UNIT DEVELOPMENT PREPARED BY: ROBERT L. DUANE, A,I.C.P, HOLE MONTES, INC. 950 ENCORE WAY AND NAPLES, FLORIDA 34110 RICHARD YOV ANOVICH, ESQ. GOODMAN, COLEMAN & JOHNSON 4001 TAMIAMI TRAIL N" STE.300 NAPLES, FLORIDA 34103 HM PROJECT 2001076 NOVEMBER, 2002 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT "A" C:\AdLib eXpress\Work\rad635A8.tmp.doc Agenda Item No. Be November 16, 2004 Page 46 of 68 TABLE OF CONTENTS Page SECTION I Statement of Comp I iance.................. ....... ................ ......., ............................,.......... 3 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control...,. .................. .......................................................... 4 SECTION III Statement of Intent and Project Description.............. ...............,..... .......5 SECTION IV General Development Regulations.... ............. ......... ........................ ...6 SECTION V Permitted Uses and Dimensional Standards for Commercial Development... .13 SECTION VI Development Commitments........ ....,..,........................................ ....15 EXIDBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description Exhibit C - Landscape Detail and View Elevation 2 C:\AdLib eXpress\ W ork\rad635A8.tmp.doc Agenda Item No" Be November 16, 2004 Page 47 of 68 SECTION I ST A TEMENT OF COMPLIANCE The development of + 12.52 acres of property in Section 13, Township 49 South, Range 25 East Collier County, Florida, as a Planned Unit Development to be known as the Hiwasse PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The commercial uses of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1.1 The property is located in the Livingston Road/Eatonwood Lane Commercial Infill SubDistrict as depicted on the Collier County Future Land Use Map. This SubDistrict allows professional and medical offices and indoor-self storage facilities to serve surrounding residential areas that are proposed uses in this PUD. 1.2 The maximum allowed development intensities in the Livingston RoadlEatonwood Lane Commercial Infill Subdistrict include 91,000 square feet of professional or medical office use in buildings containing a maximum height of thirty-five (35) feet, or 200,000 square feet of indoor self-storage area in buildings containing a maximum of three stories and a maximum height of fifty (50) feet. Should a mix of office, medical and indoor self- storage facilities develop on the property, for each two square feet of indoor self-storage area, one square foot of office area shall be reduced from the maximum allowable office or medical use area permitted. Access to the property within the Sub-district shall be from one of two access points depicted on the PUD Master Plan on Livingston Road that can be found consistent with Collier County Access Management standards. No access is permitted from Eatonwood Lane. The proposed development intensities for the Hiwasse PUD include a maximum of 91,000 square feet of professional or medical office area in buildings containing a maximum height of thirty-five (35) feet, or a maximum of 200,000 square feet of indoor- self-storage area with a maximum height of three (3) stories of thirty-five (35) feet. Therefore, consistency with the Future Land Use Element ("FLUE") can be established with the proposed development intensities for the Hiwasse PUD. 1.3 The subject property's location in relation to the existing or proposed community facilities and services supports the development's commercial uses as required in Objective 2 of the FLUE. 1.4 The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 1.6 The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the FLUE. 1.7 All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by policy 3 C :\AdLib eXpress\ W ork\rad63 5A8"tmp.doc Agenda Item No. Be November 16, 2004 Page 48 of 68 2.3 of the FLUE. 1.8 This PUD shall not become effective until petition CPSP 2003 - 12 is adopted by the Collier County Board of Commissioners 4 C:\AdLib eXpress\ W ork\rad635A8. tmp.doc Agenda Item No. Be November 16, 2004 Page 49 of 68 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2,1 PROPERTY OWNERSHIP The property is owned by Hiwasse Inc. 2,2 LEGAL DESCRIPTION The legal description is provided for in Exhibit "B". 2,3 GENERAL DESCRIPTION OF PROPERTY The property is located on the west side of Livingston Road approximately one-quarter (V4) ofa mile south of Pine Ridge Road. PHYSICAL DESCRIPTION The subject property is vacant at the time of the application for rezoning. The soil classification for the subject property is Holopaw Fine Sand, Limestone Substratum. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD was Agricultural (A). 2.4 SHORT TITLE This Ordinance shall be known and cited as the "Hiwasse 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. 5 C:\AdLib eXpress\Work\rad635A8.tmp.doc Agenda Item No. Be November 16, 2004 Page 50 of 68 SECTION III ST A TEMENT OF INTENT AND PROJECT DESCRIPTION 3,1 INTRODUCTION It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3,2 PROJECT DESCRIPTION The project contains 12.5 acres and includes 7.55 acres in a Florida Power and Light easement area. The proposed uses are a mix of professional office and medical uses and indoor-self storage facilities. Access will be provided from Livingston Road. The Florida Power and Light ("FPL") Easement Area that creates a separation from residential uses to the west will remain in open space. 3,3 LAND USE PLAN AND PROJECT PHASING A. The PUD Master Plan provides for areas of commercial use, water management areas, open spaces and road rights-of-way as depicted on the PUD Master Plan Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build-out of the project is approximately four (4) years from the time of issuance of the first building permit, or 2006. However, actual build-out will depend on market conditions. 6 C :\AdLib eXpress\ W ork\rad635A8. tmp.doc Agenda Item No. se November 16, 2004 Page 51 of 68 7 C:\AdLib eXpress\Work\rad635A8.tmp.doc Agenda Item No. Be November 16, 2004 Page 52 of 68 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Hiwasse Planned Unit Development and Master Plan. 4,1 GENERAL The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Hiwasse PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Hiwasse PUD shall become part of the regulations that govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. In the event there is a conflict between the regulations established in the PUD or any other regulations, the regulations within the PUD shall prevail. 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. 4,3 EASEMENTS FOR UTILITIES 8 C:\AdLib eXpress\Work\rad635A8.tmp.doc Agenda Item No. Be November 16. 2004 Page 53 of 68 Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. 4.4 AMENDMENTS TO THE ORDINANCE The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. 4,5 PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when 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 Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal 9 C :\AdLib eXpress\ W ork\rad635A8.tmp.doc Agenda Item No. Be November 16, 2004 Page 54 of 68 shall not exceed ten (10) percent of the total volume excavated up to a maximum of20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4,7 SUNSET AND MONITORING PROVISIONS The Hiwasse PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 4.8 POLLING PLACES Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. 4,9 NATIVE VEGETATION The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. 4,10 OPEN SPACE The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC and are met within the FPL easement area. 4,11 ARCHAEOLOGICAL RESOURCES The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.12 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.13 OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. 4,14 LANDSCAPING All landscaping shall be in accordance with the requirements of Division 2.4 of the 10 C:\AdLib eXpress\ W ork\rad635A8.tmp.doc Agenda Item No. Be November 16, 2004 Page 55 of 68 Collier County Land Development Code. However, an enhanced Type "B" buffer will be provided along the eastern edge of the FPL Easement Area subject to their approval. A cross section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FLP, stating that the enhanced "B" Buffer area meets with their approval.. 11 C :\AdLib eXpress\ W ork\rad63 5A8.tmp.doc ."~i_jIIo;>.~,~"Ij;J~'''i*''''"',"'''''''''''';'' Agenda Item No. Be November 16, 2004 Page 56 of 68 4.15 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Hiwasse PUD. General permitted uses are those uses which generally serve the Developer and occupants of the Hiwasse PUD and are typically part of the common infrastructure or are considered community facilities A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9. I. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices. 5. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 4.14 of this PUD. 6. Any other use which is comparable in nature with the foregoing list of permitted accessory and principal uses, as determined by the Board of Zoning Appeals ("BZA"). B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Ten feet (10'). 2. Setback from PUD boundary - Fifteen feet (15'), however, berms for water management facilities may be constructed within five (5) feet of a property line provided all other applicable requirements of this Ordinance and the LDC are met. 3. Minimum distance between unrelated structures - Ten feet (10'). 4. Maximum height of structures - Twenty-Five feet (25'). 5, Minimum lot or parcel area - 10,000 square feet. 12 C:\AdLib eXpress\ Work\rad635A8.tmp.doc Agenda Item No. Be November 16, 2004 Page 57 of 68 6. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Hiwasse PUD design guidelines and standards are to be in accordance with LDC in effect at the time of site development plan approval. 4.16 SIGNAGE A. General: 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be permitted in private rights-of-way. 3. All signs shall be located so as not to cause sight line obstructions. 4, All internal project rights-of-way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set for herein. B. Traffic Signs: I. Traffic signs such as street signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria, C. Wall Mounted Signs 1. Wall mounted signs shall be individual letters mounted separately or on a continuously wire raceway in a color to blend with the background. Box type signs are not permitted. 2, Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed Collier County requirements. D. Colors 1. Harmonious color schemes for signs are required but corporate identity variations are acceptable. Signs with multi-color letters are not permitted. 4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS A. Applicability 13 C:\AdLib eXpress\Work\rad635A8.tmp.doc ..,~__~..........<llIOi"_,,.,,;,..l>>-;',,""""' Agenda Item No. 8e November 16, 2004 Page 5B of 68 1. The "Architectural Standards for Livingston Road/Eatonwood Lane Commercial Infill Subdistrict" have been created by the developer to promote a visually harmonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility with adjacent properties and to assist architects in designing appropriate property improvements. These standards replace related portions of the Collier County Architectural Guidelines (LDC Division 2.8) as noted. All other portions of the Collier County Land Development Code (LDC) and all other codes with jurisdiction shall remain in full force to the extent they are not inconsistent with the provision of this PUD. B. Intent 1. The intent of this standard is to establish architectural requirements that promote a common architectural theme for the professional/medical offices and indoor self-storage buildings on the site and to harmonize with adjoining property uses. C. Building Design Requirements All Collier County Land Development Code Division 2.8 requirements shall apply to outside storage areas except as noted below: 1. Modify LDC 2.8.3.5.11 - Entryways/Customer Entrance Treatments as follows for indoor self-storage buildings over 20,000 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a comprehensive design style for the project. b. Entryways / customer entrance standards. These standards identify appropriate entry features. c. Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: (1) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance of 15 feet. 2. Modify LDC 2.8.4.4.10 - Entryways/Customer Entrance Treatments as follows for indoor self-storage buildings over 10,000 square feet to 20,000 14 C:\AdLib eXpress\ Work\rad635A8.tmp.doc Agenda Item No. Be November 16, 2004 Page 59 of 68 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a comprehensive design style for the project. b, Entryways / customer entrance standards. These standards identify appropriate entry features. c. Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: (1) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance of 15 feet. In addition to Collier County Land Development Code Division 2.8 requirements, the following is required: I. Overall building dimension shall not exceed 150 feet in either direction. 2. The architectural style for the subdistrict shall be consistent throughout and shall be established by the initial building design and shall blend with surrounding developments. 15 C :\AdLib eXpress\ W ork\rad635A8. tmp.doc Agenda Item No. Be November 16, 2004 Page 60 of 68 SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Hiwasse PUD designated for commercial development on the PUD Master Plan, Exhibit "A". 5,2 MAXIMUM DEVELOPMENT INTENSITY A maximum of 91,000 square feet of gross leasable floor area of professional and medical office use area is permitted or a maximum of 200,000 square feet of indoor-self storage area. Should a mix of office and indoor-self storage facilities develop on the property, for each two (2) square feet of indoor-self storage area, one (1) square foot of office area shall be reduced from the maximum allowable office area. 5,3 GENERAL DESCRIPTION The PUD Master Plan designates the following uses for the general use designations on said Master Plan. AREA :I: ACRES :I: PERCENTAGE 1, FPL Easement 2. Development Area 7.55 4.97 60.3% 39.7% TOTAL 12.52 100% The approximate acreage of the commercial area is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Commercial areas are designed to accommodate internal roadways, open spaces, signs, water management facilities, and similar uses typically found in non-residential areas. 5.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Uses: 1. Accounting, auditing and bookkeeping services (group 8721). 2. Business services (groups 7311, 7313, 7371, 7372,7374-7376,7379), 3. Depository institutions (groups 6011 - 6099). 16 C:\AdLib eXpress\ W ork\rad635A8.tmp.doc Agenda Item No. 8e November 16, 2004 Page 61 of 68 4. Offices for engineering, architectural, and surveymg services (groups 0781,8711-8713). 5. Health services (groups 8011-8049). 6. Insurance carriers, agents and brokers (groups 6311-6399, 6411). 7. Indoor-self storage facilities (group 4225). 8. Legal services (group 8111). 9. Management and public relations services (groups 8741-8743,8748). 10. Miscellaneous personal services (groups 7291; 7299, debt counseling only). 11. Real estate (groups 6531-6541). 12. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289). 13. Transportation services (group 4724, travel agencies only). 14. Veterinarian's office (group 0742), excluding outdoor kenneling. 15. Any other use which is comparable in nature with the foregoing list of permitted principle uses as determined by the Zoning Board of Appeals. B. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with commercial uses listed above. 5,5 DEVELOPMENT STANDARDS A. Minimum lot area - 20,000 square feet B. Minimum lot width - 100 feet C. Minimum yard requirements: 1. Front yard - 25 feet 2. Side yard - 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements ofthe LDC are met. 3. Rear yard - 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. D. Maximum height - Thirty-five (35) feet E, Minimum floor area of principal structure - 1000 square feet gross floor area for each building on the ground floor. F. Lighting - Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. Lighting shall be limited to a maximum height of twelve (12) feet in height along the western edge of the development envelope area adjacent to the FPL Easement Area. G. Distance between structures - If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of fifteen (15) feet or a distance equal to one-half (Yz) the sum of their heights, whichever is greater. However, indoor-self storage buildings shall have a minimum separation requirement of fifty (50) feet between individual self-storage buildings. 17 C:\AdLib eXpress\Work\rad635A8.tmp.doc Agenda Item No. Be November 16, 2004 Page 62 of 68 H. Merchandise storage and display - Outside storage or display of merchandise is prohibited. I. Use of FPL Easement Area - Open space and landscape buffering shall be the only allowed uses permitted in the FPL Easement Area. J. The hours of operation of the self-storage buildings shall be limited to the hours of 7:00AM to 9:00PM. K. Depository Institutions are limited to the northern portion of the PUD only, and may only be developed at such time as a traffic signal has been installed at the intersection of LaCosta Road and Livingston Road. 18 C:\AdLib eXpress\ W ork\rad635A8.tmp.doc Agenda Item No. 8e November 16, 2004 Page 63 of 68 SECTION VI DEVELOPMENT COMMITMENTS 6.1 ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. A. 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 Section Staff. B. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 ofthe Collier County LDC. C. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning Section 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. D. The petitioner 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 wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction approval. E. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 6,2 TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project development. A. The developer shall provide arterial level street lighting at the project entrance. Such lighting shall be in place prior to the issuance of any certificate of occupancy. B. The road impact fee shall be as set forth in the Collier County Consolidated Impact Fee Ordinance No. 2001-13 as amended and adopted in January 2003 and shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. C. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 19 C :\AdLib eXpress\ Work\rad635A8"tmp.doc Agenda Item No. Be November 16, 2004 Page 64 of 68 D. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. E. Shared access is permitted north of the subject property as depicted on the PUD Master Plan, subject to an access agreement with the property owner to the north. If an access agreement for shared access cannot be reached, then only a right-in- right-out access is permitted from Livingston Road at an access point depicted on the PUD Master Plan south of the shared access area. F. The developer shall provide a turn lane at the project entrance onto Livingston Road, at either permitted access, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right-of-Way Manual and Ordinance 82-91. 6.3 UTILITY REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. 6,4 .ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. C. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any 20 C:\AdLib eXpress\Work\rad635A8.tmp.doc Agenda Item No. Be November 16. 2004 Page 65 of 68 other applications that will result in the issuance of a final development order. 6,5 WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. A, Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. B. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. C. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting, which is required for the subject property. 21 C:\AdLib eXpress\Work\rad635A8.tmp.doc l ! ! ! i j i i I ,.'j:r-..-j r ,iI · I I :~ ! I f ,II .. ! :i I i f :,. :: I :~ I I I ,~ " I I~ : i rffi-! I I ; I I It! 'I" ! I )> II I: r I" : I ,,: U ,': ", I rl! :: : h : I 1,1 I: Ifi i I if! i i ; Ii ! I II' I: I I.: 1\1 , 'I' ~ I H!I ~l:;~~ · : n -- ," ,'1 'II I: I Ii' : I Iii i! II : 'I : i ~. : 1'1 : i · ~ ill ! i i ili i: -b :'1 ,! 111- I" : i II. q: I; J : 1'1 !! I I I' :., 'I III I: ! 1'1 II , ,1 ': 'II i! i! 1,1 I I I U :! . II .. I~ III II ,i ~i: I i I; ;1 :: 110 ,I :! ! i I i , ,. ,,-1 i , I, , I' J ,: : I . .. " " " .-.t-'N __________________________ -'-f--~ c:::::::::> c-----:) r--f=~ I I 1- ...., .._om ~- i i : r ) r~ r------~ ! ! - :: .....J r ______- !,I i= :i . I ~ I' I I ,. 'i : ::1 : . II, I I : ~ : . I I: . : :; : : : ~ : ..:1 : ., I It ._-.__...__.~--- ----------....------.... ~ ". '. "..... . "~". '.' . . . " I .... .. i' ".... " . . " . .-' .~" . . . . " . "f r . .": "./;. " " . ~ " . "RE:sJlBMITT~-- - "- - PUDZ-:ZOO3-AR-3561 PROJECf #2002090002 DATE: 4/8/04 RAY BELLOWS " .. I :< f I · · I I I c . I :I .. III .,; III :l . . . . i : i i i c i .. i I . I I ~! .. l! J ~ 10 . I ~ I ~. ~. c !~ .111 c!! :ilK ~w n~1 II 9 D. W CD CD ~ 5: !! ... I Agenda Item No. Be November 16, 2004 Page 67 of 68 EXHIBIT ''B'' LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 soum, RANGE 25 EAST, COLLIER COUNfY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT TIlE NORTIIEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; TIlENCE RUN S.ooo15'37''E., ALONG TIlE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECITON 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF TIlE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECITON 13; THENCE RUN N.89"23'53"W. ALONG TIlE SOUTH LINE OF THE NORTIlEAST QUARTER OF THE NORTHWAST QUARTER OF SAID SECITON 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHW AST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00"15'37"E., PARALLEL WITII THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECITON 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE soum LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00"09'47''E., PARALLEL wrm THE EAST LINE OF THE SOUfHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.33 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSIGNTON PARK PHASE THREE-B ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 6 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89"50'13''W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE TIIREE-B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N.Ooo09'4T'W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE soum LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N. OO)15'37''W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTI:IEASTERL Y CORNER OF SAID KENSIGNTON PARK PHASE THREE-B; THENCE CONTINUE N.OooI5'37"E., ALONG THE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO TIlE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.89023'53"E., ALONG THE soum LINE OF THE NORTHEAST QUARTER OF THE NORTHEASTER QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING; CONTAINING 12.515 ACRES, MORE OR LESS. TIllS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRUCITON OF RECORD. BEARlNGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RNAAGE 25 EAST, LEE COUNfY, FLORIDA AS BEING S.00oI5'39"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 W:\2001\2001076\MJR\EXHlBIT B LEGAL DESCRIPTION.doc "...~~,,,,,-"",,",,,,,,,,;,,,,",,.,,,-,..,;.,"..,,...... . a i........ l!l ..".' ~ .. ... !' i . [ J -oaJ.______ .. 0 I if .". "" I '" .;.. ' I J Iii iiii =ii iirm ~ Ik~h Ui ~ ~!J ~fl Ii !iJ I t'!1 ii I~i Ifi i I I' if ~~ ~f II J" II II !' " It ii if It Ii ~l if if J)!~ h '.. ~ ft II. gS ::.f , ij '" n if: ~ I I ~ h ~i ~ II ~ "'I ~~ Q Q !I tl ill ~i ~ II ~ "'I "11~ .. c::.... ~ o~ u I--~ -~--- ~ -"'iiIO - -- ." 'V r- ." ;!! ~~~ ~~~ ~ ~E~ ~~~ ~ ~I i - IuIIIlr - ----il--- JI If " Q II tl Ul Ul v. Ul If r t:: .. in .. ,. .....- ...~".." .:. ':.........."':.'':, ::". ';,: ", . "";.' , "'.'. ::-:.,,)j .. J. IliaIzmIIlltblr. [m,Ii. __ ~ o.gn.,................- - ,,- =- C~SUIy HIWASSE INeORPORATED NAPLES. FLOIIIOA Ex.. H I BIT {' C 'I ---.. ----.---....-- .....I..'____,.._.-~ Agenda Item No. 9A November 16, 2004 Page 1 of 12 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY LAND ACQUISITION ADVISORY COMMlITEE OBJECTIVE: To appoint 1 member to fulfill the remainder ofa vacant term, expiring on February 11,2007, on the Land Acquisition Advisory Committee. CONSIDERATIONS: The Land Acquisition Advisory Committee was created by Ordinance No. 2002-63. This 9-member committee's primary responsibility is to recommend to the BCC an Active Properties Acquisition List with qualified purchase recommendations of environmentally sensitive lands consistent with the goals of the Conservation Collier Land Acquisition Program. Membership ofthe committee shall comprise broad and balanced representation including environmental and conservation interests, agricultural and business interests, educational interests, and general civic and citizen interests within the County. Members shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco-tourism or environmental education. Members are required to file a Form I Statement of Financial Interest each year with the Supervisor of Elections. A list of the current membership is included in the backup. A resignation was received from Mr. John E. Carlson on September 2, 2004. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DlST ELECTOR ADV, COMM. I M;m; Wolok I Envimnm.nlal & Cons"",.tion, Ecology and RE & Land Acquisition =r:J No.. COMMITTEE RECOMMENDATION: Mimi Wolok FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation 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: NOVEMBER 16, 2004 ""- Agenda Item No. 9A November 16, 2004 Page 2 of 12 .- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9A Meeting Date Appointment of member to the Land Acquisition Advisory Committee. 11/16/20049:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 11/812004 3:57:44 PM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/8120044:51 PM (i)""" , . /0<< to;) Agenda Item No. 9A November 16, 2004 Page 3 of 12 Memorandum To: Sue Filson. Executive Manager, Board of County Commissioners Cc: Bill Lorenz, Director, Environmental Services Department From: Alexandra J, Sulecki, Coordinator, Conservation Collier Program Date: November 8, 2004 Subject: Recommendation for Conservation Collier Committee appointment On November 8, 2004, the Conservation Collier Land Acquisition AdvisOIY Committee (CCLAAC) met at their regularly scheduled monthly meeting and ~ the appointment of one member to fill a vacancy for terms that will expire on January 27, 2007. There was not a quorum present, so a formal motion and vote could not occur, however, after discussion, the 4 conunittee members present took a straw vote to determine the will of those members regarding the recommendation to appoint Mimi Wolok, the sole applicant. In addition to this straw vote, which was lJ119nimously positive, one absent member bad written a letter in support of a recommendation to appoint Ms, Wolok. Absent this appointment, Conservation Collier will be unable to gather a quorum for the upcoming scheduled tasks of property ranking and development of an Active Acquisition List. Therefore, in consideration of this need and based on the strength of Ms. Wolok's qualifications, it was determined to request this appointment at this time rather than wait for a quorum at a future meeting. The committee noted that she bad attended a number of meetings already and was somewhat familiar with the Conservation Collier Program. Please find attached a table identifying how this applicant met the qualifications required for service on the CCLAAC. Environmental Services Department Community Development & Environmental Services Division ~ iI' I ('II eO I~~ Agenda Item No. 9A - November 16, 2004 I I I I Page 4 of 12 I 8 i i_~ w e - 0 I 1 I j 3 0 I-r J . t ~ ! I .Iii - .- I~; = ! II :I 111 I ~ .. J ...: ~ 15 i il- I ~ I It " 0 ,air I i ; I~ ...: I "1- w I . '15 f III ~ .Iii i en I ar~ i ~r J I ~s 18 l' ~. '15 w it 11'- jv). Ij_jJjl a: illl . II : l'~ ~ i i I wlo n- I I ri-s1i (,) f "lIt'P II I I .. '8 d t. 11.11 0 t I~ . I';~ . I a (,) ! _ z "- Land Acquisition Advisory Committee Agenda Item No. 9A November 16, 2004 Work Phone Appt'd Expo Date Term Page 5 of 12 Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr, Willis P. Kriz 02111/03 02111106 3 Years 770 Waterford Drive, #303 732-1982 Naples, FL 34113 E-Mail: District: 1 Ctdegory: EnviromnentallAglCivic Ms. EUin Goetz 643-0077 02111/03 02111106 3 Years 439 3rd Avenue, North 263-6147 Naples, FL 34102 E-Mail: District: 4 Ctdegory: Agricu1tural/Business Environmental/Conservation Mr, Wayne Jenkins 352-3175 02111/03 02111106 3 Years ,r---. 2500 Jenkins Way -t55-8109 Naples, FL 34117 E-Mail: District: 5 Category: Civic/Conservation Ms. Lioda A. Lawson re :;~o( 591-3580 02111103 02111,105 2 Years 1770 Oakes Boulevard II" 591-3580 Naples, FL 34119 E-Mail: District: 3 Category: Env/ AglConservationIReal Estate Mr. William H. Poteet, Jr. 403-3840 02111103 02111/05 2 Years 6180 Star Grass Lane 352-6822 Naples, FL 34116 E-Mail: District: 3 Category: Ag/Business/ConservationIReal Estate l'.--~ Wednaday, JfUUl/IT'138, 2004 Pap 1 ofJ ..- Land Acquisition Advisory Committee Agenda Item No. 9A November 16, 2004 Work Pltone Appt'd Exp. Dt#e Term Page 6 of 12 ,- N411Ie HOlM Pltone Dt#eRNIppt 2ndExpDate 2nd Term Ms. Kathy Prosser 4Q3..41210 02111103 0211 1/05 2 Years 4757 CetTOmar Drive 530-7705 Naples, FL 34112 E-Mail: District: I Category: EnvironmentaVEcology/Conservation Mr. John E. Carlson f(~~V\f~ 348-8143 02111103 02111,1)4 1 Year 3331 1st Avenue, N.W. C\.1-4"~ 455--9445 01/27104 02111107 3 Years Naples, FL 34120 E-Mail: ecarIson@audubon.org District: 5 Category: EnvironmentaVEcology/Conservation Mr. Michael Delate 947-1144 02111103 02111104 1 Year 574 l00th Avenue North 592-9834 01/27/04 02111/07 3 Years , ~"- Naples, FL 34108 E-Mail: mdeJate@gradyminor.com District: 2 Category: Environmental/Civic/Conservation Mr. Marco A. EspiDar 283-2887 02111103 02111104 1 Year 3880 Estey A venue 01/27/04 02111/07 3 Years Naples, FL 34104 E-Mail: District: .. Category: EnvironmentaJ/ AglCiviclEcology WetlIIadllY, JfIIUUUJ' 28, 2(HU PIIIl,2 of 3 ",~, "-"", Land Acquisition Advisory Committee Name Work Phone Appl'd Exp. DGte Home Phone DateRe-appl 2ndExpDate Agenda Item No. 9A November 16, 2004 Term Page 7 of 12 2nd Term The Land AcqUiIition A6IifIDlY eommilllle was ""~ by Ordln8nC8 No. 2002-63. This 9- member committee" prim'" r....,oI~ .. to recommend to the see an ActiVe p,utAJtieS Acquisition list'" qu8Iifted purch888 ~.dwIionS 01 envlronl1*1llllY.....e lands QOI.atent with the goals rl the Con88Nation eomer Land AcqUiIitiOn Prugram. Member8hiP of the committee sh8II comprile br08d and beI.-ad latl'Ie1B dIIIion inCluding environmentll and conservation it1baltS. ~ and bUIine8S h........ ~ ildWe*. and yes... ciVic and citiZen if........ within the CountY. MemberS lIh8II h8Ve ~..... klMMledW' or intere8lln ecology, guI.-v8liol'l d NIIbnI reecuces. .... .... or land ecquiIition. land ~aisaI. land rn-~ eco-toWi8I" or ....01....... educpwt. MemberS .. required to file 8 Form 1 ~ 01 FinIM08l h...... each yMI with the SUpefYitIDr cA EIee:.1iOM. /_~ FL STAT St4/f: Bm Lorenz: 732.2505 ~"" Wednesday, JmuI4ry 28. 2004 Page 3 of 3 Agenda Item No. 9A November 16, 2004 Page B of 12 - DATE: October 25, 2004 TO: Elections Office J Sue Filson, Executive Manag " Board of County Commissio FROM: RE: Voter Registration - Advisory Board AppoiuhJlents The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those Hsted below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LAND ACQUISITION COMMITTEE COMMISSION DISTRICT Mimi Wolok 1112 Trail Terrace Drive Naples, FL 34103 'yc-s L-/ Thank you for your help, Agenda Item No. 9A November 16, 2004 Page 9 of 12 DATE: October 25,2004 TO: Alex Su1ecki, Enviromnental S . Sue Filson. Executiw Manall -m, Board of County Coxnmi~io~ ~ FROM: RE: Land Acquisition Conunittee 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: Mimi Wolok 1112 Trail Terrace Drive Naples, FL 34103 Please let me know, in writing, the recolDID&.'mdation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants In area of expertise, If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF AttaChments ~ e e e 1118011_$ From: advIsoryboard80collergov . net Sent: Monday, October 11, 2004 11 :27 AM To: filson_s Cc: Regu~son Subject: New On-line Advisory BOBrd Application Subnitted. Agenda Item No. 9A November 16, 2004 Page 10 of 12 ~ Board of County Commissioners 3301 East Temiaml Trail Naples. FL 34112 Tel: (231) 774-3802 Fax: (239)774-3802 ,,*-t~1 i..1 ,,"'- '~ . ~ :.. ~ ,. . , .~ '. .. ~ ~ 1 / October 11. 2004 Application for Advisory Committees I Boards tMme: Mini WoIok Home Phone: 239-<<)3.8992 Home AddrHa: 1112 Tral Terrace 0rIYe City: Naples ZIp Code: 34103 Fax Number: ~ .......... Phone: 239-<<>3 9GQ2 Emall AcIdrMs:mwolokOpeganet.com ....., eo.llll'a'" ApplIed for: eon.. Coller Land AoquiIIIlon AcMIary Council CIIeegory: (If eppIk;ebIe) CllIDfHI-Iuge Ale ,au . ........... WiIIIr In Coller County? V_ Do JGU c:urNnlly hold public oI'IIce? No Do JGU now _rw. or hoe JGU serwd on. Collier County bNrd or No CiCIft......7 Please Ii. your community actIvItIIIs: Member, Collier County BBr ~n Member. Coller County V\A)men'. BBr A88oc:ldon Member, Envtronmentllland lJInd Uee Law SeclIon. FIorlcle BIIr Volunteer at Corkacntw Swamp Sal'ldlary Fonnerty appolnlild to -"nagamert SUbcommittee of Lee County 20120 Formerty on ateer1ng commftl8e for CoMerv8tion Coller ClIfII,*"n EcIuatIon: South PIIIntBtIon HS. PIlIntatIOn, F1ortdII1Sl83 as, Forni: R880URlN and ConeeMltlon. Uriv. of FIortdlI 1987 JD. UnlYel'lllty of New Mexico 1991 ExperIeIw:6/8ac:kground: U8Ing my beckground a. . wild.... bIologi8t.nd .. a Naples attorney focu.ing on real esl8t8, land u. and envirorvnenlallaw, I am adlve In Iocelaclivltln and communIy 10/11/2004 e .II"..,.....""'."."'....--..-.-.------r...--- _._~.. . over 13 Y"'" Five of thMe have been In NapIM, and some of my dlenls here InclUde ~I"'" and mol1glg8 brokelllg8S, conllrudion compenlea, IandoWnera and local cMc and homeown<< --clallona. TIle experience I broUght to the eon.rvallon Coller campaign would .rve the ActMory Council wel, a. I actlvety campaigned for .. pa..ge and already em familiar with the ordinance ~ the program. I would vIaw an appolnlment to thItl board aa a _nollS commitment to do publiC _rvlce in an area of great IntereSt to me. Agenda Item No. 9A November 16, 2004 Page 11 of 12 e e 10/11/2004 11.UUUUUIl OF FLORI DA RECE\VE.O SEP 0 7' 2004 , Count~ Comm; Sf> ioners 1!,oard Q\ . 'tyJ Corkscrew Swamp Sanctuary 375 Sanc~BaJM.drfMtst 9A Naples Ftlo3~PJ.~er 16, 2004 , ~age 12 of 12 Tel: 239-348-9143 Fax: 239-348-9145 www.audubon.org www,audubonofflorida.org Donna Fiala Chair, Collier County Commission 3301 U,S. 41 East Naples, Fl 34112 September 2, 2004 Dear Commissioner Fiala, Due to ever increasing responsibilities as Director of Corkscrew Sanctuary, Chairmanship of the CREW Land and Water Trust, involvement in numerous regional issues, and new initiatives such as the Lower West Coast Water Supply Plan and water management in the Lee County DRGR, I find it necessary to reevaluate my availability for committee work, After a great deal of thought, I have decided that the Environmental Advisory Council and Conservation Collier committees will do just fme without me, Because of your excellent appointments, these are very strong and talented groups, I simply must focus my energies in places that need my help more, Thanks for all of your confidence. My resignations are effective as of this date, (,d{~. - ..---EdCarlson Executive Director Corkscrew Swamp Sanctuary Cc Bill Lorenz AlexSulecki I I ~ ~ i ~ Ii 1 "" c ~~t' 1/5Z~ A STRATEGIC ALLIANCE OF THE FLORIDA AND NATIONAL AUDUBON SOCIETIES IN PARTNERSHIP WITH 4"~ LOCAL AUDUBON CHAPTERS Agenda Item No. 98 Novernber16,2004 Page 1 of 13 EXECUTIVE SUMMARY ,..- APPOINTMENT OF MEMBER(S) TO THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS OBJECTIVE: To appoint 3 members to serve 4-year terms, expiring on August 9, 2008, on the Board of Building Adjustments and Appeals. CONSIDERATIONS: The Board of Building Adjustments and Appeals had three terms expire on August 9, 2004. This five member board was established by Ord. 83- I 6 (amended by Ord. No.9 I -57); Repealed and amended by LDC, Oiv. 1.22.1 (Ord. 9 I - I 02, as amended) to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration of a structure. Membership consists offive members representing the following professions: One state licensed architect or structural engineer; one Class "A" general contractor, one state certified fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher or State Certified Fire Safety Inspector with the rank of Lieutenant or higher; one licensed electrical contr~ctor; and one licensed plumbing or mechanical contractor. Members must be knowledgeable in the following Collier County Codes: Standard Building Code, Electrical Code, Fire Prevention Code, Gas Code, Mechanical Code and Swimming Pool Code. The membership term is four years. The meetings are held quarterly, or on an as-needed basis. This is a Quasi Judicial Board, A list of the current membership is included in the backup. "",-" The terms for William J. Varian (General Contractor), Leo F. Rodgers (Lt. Fire Inspector), and Pedro Perez (Architect) expired on August 9, 2004. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DlST ELECTOR ADV, COMM, Kenneth R. Rech Licensed Engineer Leo F. Rodgers Lt. Fire Inspector George H. Parker Does Not Hold PE License Does Not Meet Criteria ~ Yes None Yes Board of Building Adjustments and Appeals Yes None COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation fiSCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners ,- Agenda Date: NOVEMBER 16,2004 Agenda Item No. 98 November 16, 2004 Page 2 of 13 Agenda Item No. 98 November 16, 2004 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9B Meeting Date Appointment of members to the Board of Building Adjustments and Appeals" 11/16/20049:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCe 1 0/22/2004 1 :45: 11 PM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/2/20041:53 PM Agenda Item No. 98 November 16, 2004 Page 4 of 13 Memo To= Sue Filson From: Bill Hammond Date: 10129flOO4 He: Board d Adjustments and AppeeIs Candidates EncI: (1) Applicant resumes I have reviewed the Board applications submitted, in accordance with Collier County Land Development Code section 8.05.03, A., I forward the following; Leo F. Rodgers - resume submitted meets the qualifications for membership on the Board as a fire safety inspector, per the section noted above, Kenneth R. Rech - resume submitted meets the qualifications for membership on the Board as a state licensed engineer, per the section noted above. George H. Parker - resume submitted meets the qualifications for membership on the Board as a state licensed engineer, pending submittal state professional engineer's license number, per the section noted above. Bill Hammond Cc: file Ed Riley Joe Schmitt Agenda Item No. 98 November 16, 2004 Page 5 of 13 Board of Building Adjustments and Appeals Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndEx:pDate 2nd Term Mr. Bradley W. Schiffer 213-0791 ] 1/13/01 08109/05 4 Years 520 Sugar Pine Lane 213-0791 Naples, FL 34108 E-Mail: District: 2 Category: Architect Mr. William J. Varian 775-1178 05/13/02 08109104 2 Years / 210 31st Street, N.W. 352-7392 Naples, FL 34120 E-Mail: District: 5 Category: Class n An General Contractor Mr. Leo F. Rodgers 657-2700 07/29/03 08/09/04 I Year / 1101 Monroe Street 657-3601 Immokalee, FL 34142 E-Mail: ifdinsp30@earthtink.net District: 5 Category:Lt,FKeIn~tor Mr. Gary F. Hayes 643-5746 08105/97 08109/0 1 4 Years 341 Airport Road North 11113/01 08109105 4 Years Naples, FL 34) 04 E-Mail: District: 4 Category: Plumbing Contractor Mr. Pedro Perez 09/12/00 08/09/04 4 Years t/ 1636 Rainbow Court 389-5230 Marco Island, FL 34145 E-Mail: District: 1 CtJtegory: ArchitectIProject Manager Wednesday, July 30, 2003 Pagel 0/2 Agenda Item No. 98 November 16, 2004 Page 6 of 13 ,- Board of Building Adjustments and Appeals Name Work Phone Appt'd Exp. Dale Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member advisory board was creal8d by OnInance No. 91-102. as .....decllo hear appeals on rejections or ntfuAIs by the Building Code Compliance Director 10 8PPrwe mode of construction or malerials to be used in consIn.Iction or aheration d a 1itrucIuIe. Membership conaiSls d 1 8bde 11ceI.-d architect or 1tructunII_lgine8l. 1 cea. -A: general Code. Electrical Code. Are Prev..aion Code. Gas Code MechalIIic:8I Code InS Swimming Pool Code. Terms are 4 yews. Members are required to file a Form 1 Sbdement d Financiallnllnst each year with the Supervisor d Elections. QUASI JUDiCIAl FL STAT none staff: Ed Perico. BIdg Review & Permitting Director: 403-2401 r---. W~dnesday, July 30, 2003 Pag~2of2 ,- .--.- :.... '. - .,;.- --- - --.- MEMORANDUM Agenda Item No. 98 November 16, 2004 . Page 7 of 13 DATE: October 25, 2004 TO: Bill Hammond, Building ReV1~ew Permitting Director Sue Filson, Executive Manager J Board of County Commissio FROM: RE: Board of Building Adjustments and Appeals As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kenneth R. Rech' ;/ 1491 25th Street, S.W. ) Naples, FL 34117 Leo F. Rodgers / 11 01 Momoe Street ~ Immokalee, FL 34142 George H. Parker /3 4256 Mourning Dove Drive Naples, FL 34119 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive !U,lhlll81Y for the Board's consideration. Plase categorize tile applicants in anu of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 98 November 16, 2004 Page B of 13 filson_s e From: advisoryboardsOcoIllergov.net Sent: Tuesday, October 19,200410:03 PM To: fil$0"_5 Cc: RegulaJason Subject: New On-Une Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East TIUII.....i Trail Naples, FL 34112 Tel: (238) 77.t.3102 Fax: (23t) 774-3602 ....t~1 ..1 ". ' '. , . . .... "" "/ octo* 19. 2004 Application for Advisory Committees I Boards N...: Kenneth R Rech Home Phone: 239-0455-1119 Harne Addrus: 1491 25th St SW City: NapIa ZIp Code: 34117 -e Fax Numbet. 239-e43-e870 ......... PboM: 23&-<<J3..2G9 &MH AddNa: kenrechOewllur.com 8cwd , Con...... ApplIed far: The Board of BuIldIng AdjutlUnenla and AppeeJa CalIIgory: (If~) No Infonnation provided. Are you . .......... wier in CollIer County? v_ Do you cumtntly hold public omce? No Do you now serve, or have you ....... on a Cotlier County boanI or No . con......? Please IIIIt your community lIdIVIties: No information provided. EcIucaaon: BSCE Civil Engineering Florida PE 134712 environmental Health Profe...nal certified In Food Protection and On8fte Sewage TlRtment & DIepoeaI e Experience' BacIlground: lWenty-two yea.. regillenld.. a FlorIda Prol'nllonal EngIneer. Exlen8iYe Experience In public he8Ith, building development, onlllte eewqe 1IyIIIema, WIder IreIItment plants and dilltrtbution ""1118, lIWimmlng pool COf'lItNcIIon, and a::hoo4Iland commercIlII buildlngs, Twenty-two yelll'8 of ..rvlce for the Department of Health In -.verallocal healh departments. I am the DIvlsion DIractor for Environmental Health and 10/20/2004 Agenda Item No. 9B November 16,2004 Page 9 of 13 Engineering for the Collier County Health OepIIrtment. I have been employed In this position since October 2002. Florida ProfeUlonal Engineer tI 304712 e e e 10/20/2004 Agenda Item No. 98 November 16, 2004 Page 10 of 13 fiI8oo_$ From: advisoryboards@colliergoy.net Sent: Friday, October 29, 200410:11 AM To: filson_s Cc: RegulaJa80n Subject: New On-lne Advisory Board AppIiC8tion SUbrritted. ~COK~ -~ -- Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (231) 774-3802 Fax: (239) 774-3602 ~t~I..~ ,,~'~ ~.9 , ..' .~... . 4 ~ :' October 29, 2004 Application for Advisory Committees I Boards N...: Leo F. Roclger1l Home Phone: 239-857-3801 HomeAddNp: 1101 Monroe St. CIIy: ImmoIcIItee ZIp Code: 34142 Fu Number: 23G-e57-8489 Bust.... P1tone: 239-657-2700 EnId Addrns: 1fdfm3OOellrthllnk.net &o.rd I eo....II... ApplIed far: 80Ird of AdjuIImenla and 1l1l*I. Category: (1I."pIk>>bIeJ Fire ~1'IhII, Fire IMpec:tDr Ant you I .......... voW in CoIIiar County? Ves Do you c:umIIlIUy hold puIlUc oIIIce? No Do you now _I'Ve, or"'", you ~ on I Caller County board or Yes """.......1 tfyes, plea_lIst the boards I conn""'.: Board of Adjustment and Appell", Immolcalle ..liter Plan CommItee. ....... IilIt your CCIIIIIIIIIIIIt KtIYities: Prwident. Immoklllee CMc Aseoc. CoIhr County Fn MaI1llulle Aeeoc. FIoI1da Fire MaI1lh8I8 Aseoc. Immotlalee Weed and Seed SlHrtng Cornmlt8e EcIuc.aon: High School DIploma CertIfIed FIretlgtUr CertIlIed Fire InIpIICtIDr FIorIdII CertIIIed Fire 0IIIcer 1 NltIonal Cer1lfted fire OftIcer " ExperIence I Bac:kground: 10/29/2004 Agenda Item No. 9B November 16,2004 Page 11 of 13 ZT years In the Fire Service bOth Volunteer and paid. 23 years in Immokalee. 17 aa a lire otllcer. The last 12 years as a Fire Inepedor. 10/29/2004 e -. - Agenda Item No. 98 November 16, 2004 Page 12 of 13 filson_s From: advlsoryboardsQcollergov.net Sent: Tuesday, October 19, 2004 12:048 PM To: filson_8 Cc: RegulaJa80n SUbject: New On-Hne Advisory Board Application Submitted, ~ ~t~Ii..1 ~~. , , ".,1 " Board of County Commissioners 3301 East Tamiami TnlU Naples, FL 34112 Tel: (2") 77.wee2 Fax: (239) 774-3602 October 19, 2004 Application for Advisory Committees I Boards NIme: George H. Pertcef HoInePhone: 239-698-3198 Home Address: 4258 MournIng Dove DrIwI cay: ~ ZIp Code: 34119 Fu .........-: No Int'ormlItlon provided. BulIi_ Phone: 2>>841-2171 EInaR Addrua: Gpnef:lleeOAOL.com ....., Col........ ApplIed for. The Board of Bulldk1g Adju8trnenIa 8f1d Appeel8 c.II8gDry: (If .ppliCfIbIe) No Infonnatlon provided. Ale you a .......... vaIIW In CoI_ County? Y.. Do you c:urnntly hold public oIIIc:tt? No Do you now ...".. or ...". you RrWd on . Collier County .... or No .,om,,,,",,? ....... Hst your conmunity KtNltIes: Longtlhore Lake: Advieory Cornrnltln to the Developer Homeownet'll ~n Boerd of Directors, Pl'8lIicIent Foundation Boerd of Dnc:tore, PNeIdent AtchIteclul'lll ReYlew 808rd, ChIIlrman 1!dl1C.aon: B.S. C1v1 EngIneering. Bucknell Unlver'lllty, Lewl8burg, Penna. ~, 8IlcII:ground: SInce Retir8metlt: Coller Coll1ty Govemmert, otIIce of CIIp1b11 Projed: MlIrl8gement ( OCPM), Senior Project Manllgltr for an vertical CDnIUuctIon and Parka. ComIIructIon Managar for The Strand Country Club. ImmoklllM Road, Naples. RtItIpO..... for the conetructlon of the c1ubhou., infonn8tion carnr, gate~, activIIlea cen18r and 10/19/2004 Agenda Item No. 98 November 16, 2004 Page 13 of 13 infrastJUClI,Ir. Conetructlon Consultant to the Hardy Development Group. e e e 10/19/2004 Agenda Item No. ge November 16, 2004 Page 1 of 31 EXECUTIVE SUMMARY .....-, APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE OBJECTIVE: To appoint 10 members to serve alternating terms on the Immokalee Master Plan and Visioning Committee. CONSIDERATIONS: The Immokalee Master Plan and Visioning Committee was created on September 28, 2004, by Ordinance No. 2004-62. This 10 member committee will assist in the development of any necessary Requests for Proposals for consulting services; assist in the review of general planning matters related to the Immokalee Community; provide the BCC recommendations regarding roads, economic incentives, affordable housing, improvement to Immokalee Airport; and, assist in the review and updating of the Immokalee Area Master Plan. Membership shall consist of a broad base of citizens and business owners in the regulatory area of the Immokalee Area Master Plan. The term of the Committee will expire at the conclusion of its services to staffor upon adoption of the 2007 cycle of the Growth Management Plan amendments of the Immokalee Area Master Plan, whichever is earlier and shall not be later than December 31,2007. A press release was issued and resumes were received from the following 10 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. ,- David R. Gardner Does not meet criteria I Yes None Robert C. Kantor Does not meet criteria 4 Yes None Fred N. Thomas, Jr. lmmokalee Resident & Business Owner 5 Yes CA TF; Lake Trafford; lmm EZDA Edward (Ski) Olesky Immokalee Resident & Business Owner 5 Yes Lake Trafford; PARAB Clarence S. Tears, Jr. Employed in Immokalee 3 Yes Lake Trafford Leo F. Rodgers Resident & Employed in ]mmokalee 5 Yes Board ofBldg Adj & Appeals Esmeralda Serrata Resident & Employed in lmmokalee 5 Yes None Gary D. Holloway Resident & Employed in Immokalee 5 Yes Imm EZDA i Raymond T. Holland Resident & Employed in Immokalee 5 Yes Imm EZDA I Maxwell L. Press Immokalee Business Owner 3 Yes None COMMITTEE RECOMMENDATION: New Committee - no recommendations FISCAL IMP ACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 16,2004 Agenda Item No. ge November 16, 2004 Page 2 of 31 Agenda Item No. ge November 16, 2004 Page 3 of 31 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9C Meeting Date Appointment of members to the Immokalee Master Plan and Visioning Committee" 11/16/2004900:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 10/22/20041:45:11 PM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/4/20043:39 PM Agenda Item No. ge November 16, 2004 Page 4 of 31 ftlaon_s From: MoscaMichele Sent: Monday. November 01, 2004 2:57 PM To: filson_s Subject: IMPVe MatrIx Irnportlince: High Sue. Attached is the "matrix- of those seeking membership on the ImmokaIee Master Plan and VISioning Committee. Staff has identified 2 out of 10 members that do not meet the ninlmum criteria for appointment. At the Board's discretion, staff would ask that 8 of the 10, if qualified, be appointed to the Comnittee and the reRl8ining 2 vacancies be filled at a later date. As disc-..-sed. Staffwould lleethe appointment of these members to occur at the November 18.2004 Bee meeting. Should you need additlonallnformation or have questions, p1eaee call me at 403-2488. Thank you again for .n your helpl Michele 11/1/2004 Agenda Item No. ge November 16, 2004 - ~ ,- '-'<:lv OJ I ncllvlduaia InterntH In ............., on the Immok.... .aster PIIIn and V.IOftIng Comm.... ADD/y/nfl for 10 available oositlons David R. Gardner Esm..lIIda s.r.II Robert C. Kantor CI.-nce Te.. Gary HollOWay Ar.. of QualltlclltlOn mmokalee Resident X X mmok8lee Business Owner/Manaaer c. .' .~, .', ,-. '.' _.. , "0.' . "" ". ,.," "." ." . "~~ .. _ . ".d. J_ ~ .' ." '.." .ii'. ~ . . ~ . . - ' SDeclfIc CateGOry (If u..ea....' Chamber of Commerce X nvlronmental AGency X EmDowerment Alienee X CommunitY DeveloDment Coro. X EZDAlCommuniIY Redevelooment AdvisOfY BD on-DrOftt commul'lltv-b.Bed Oraanization X X X WorkforCe DevelDDment Council X ""ode Enforcement lilt enforcement X Weed & Seed Program X X mmokalee Area Mater Plan RestudY X X X EDerlence Bankina Enaineerina X r:ducation Hmaina Real estate &ales and development X iPJamlna or desian RulIdina construction X Aariculture : Comb" Medic. Korean WII; Police Office for 14 YT8.; Own.., ~~tructIon Co. (MA) Em~ by DIrectOr cf Big th unrestricted Caller County Builder's license, Housing Aulhartty; Cypresa aain iiiWib: President. airport & road WQltcforceHousIng :10+ SWFMD). Immok.... Weed IconstructiOn, public 1Yn. In real GrMiuate of & Seed; Member, 11*1118., underground Committee; Immot.... ~_, & pr. P~ent-Elect, ortgage ~ershIp Jaycees; itMncing; and, rgineered bIdgs.; pilot ~mot""Rotary; owner, small ~Oui...Pat Chair; president. Addltionallnformatlon aircraft owner; and. ~ommunlty business (mortgage iLeactershlP t:~oka'" Pop ~earc:h & Rescue ~ment Ftarida GradU8te; arner; Personal. CommunllY: !corp.; Board co.) in H._. Lake Trafford President, :FL t:~ldent, Marco Uons Member, RCMA; ~:t"ed Rf'k Force: Blue hnmok....Vouth ~ AOPA; Member. :f,anda Chriltian unteer-hurrlcane Ibbon Panel; =~; and. . art SUpport IOrant Assoc.; lretief . alt. Stock In UI volUnteer iNetwort; Member, V"~tlairm.n, Children; Chair. Misliaquoi Abenaki ~?FFO; and. VICe- eIy High Sdlool ~ing' Habitat rib.; Marco Civil Air chairman. ~ and, VP. Air For Humanity. Patrol; Member, S.E. Immokalee Waler Aun. MA Police Chief'a ~nd Sewer Board. Mill.: Past ~~mand", MA Wing leAP. !Ho.... Add..... 2245 Pine Wood 2745 Cambridge 817 Glralda Ct. 803 NlSlau Slt4 CIrcII 320 Lambton Ln. Ct. M.-eo laIand ImmokalM N._ N.... ImmolcalM Agenda Item No. ge d_ .......... .......... hldivld..... InteIHtiId In .1IIIberah1p on tile 1Ia....... ..... Plan and VIIIonInt Com..... , Page 6 of 31 ADDlvlna for 10 IVlRable ooaltion. Leo Rodg.... Fred Thorna Raymond HoIand Edwll'd Olllky M...d L. Preu Area of Quallllcatlon Immokalee Resident X X X X Immokalee Business Owner/Manaaer X X X In Immolcalee X X X X _"~'"'.'JIB""" " c_::.' ". ..~. -. " .....~ . .- . ~ . . '" ' -'1.;.' ". , .~: . " . "". '.' -;'<'.;... ," : .I" ". . ~-: .t t', . S-'IIe C.....orv Of "'harnber of Commerce X X X Environmental Aaencv X Em-erment ADianc. X "'ommunltv OevelODlllent Com. X X X EZDAlCommunlv RedeveloDment Advllorv BD X X Non-DroftI Communltv-baed Oraanlzallon X X X X lNortforoe D-mnment Council Code Enfo"*"ent X IW enforcement Iweed & SMCI pmaram X mmokalee Area ".... PI.n Restudv X X X ExMrtence IsMlcina X EnaineerinG Education X !Real ..tale ..... and devaloDment Pt.nnlna or desian IBuitdlna on ~lture X ~Area resident, Florida : 28 ~ommunlty BlI1k. tyro Resident at . lAIc_ Dlnlctor. Immokalet; and, Fire rafford Immotalee Commiuloner. eatorallon Tuk ~.mber af orca; Vlce-Chalr, ~ommerce; Immolc.let; :P.rb , Member. Immolcalee Regional Board .nd Recre.;Ion mmolcaJee Civic Ch8mber of ~Ior Shnholder. on;Fn Commerce; Cannectlona; Boent; lake Immokalte baaed nd'I'ard Task AddltionallnfonMtlon Inspector. ImmokaJee EZOAlCommunly President, Coller Force; Board commodity, ~IO y....); Member. Redevelopment CDUnty Fair; VIce Member, !growerlpacknhl oller County Fire I\d.ory Board; Chaimll1. GoodwIl pper, and, 7yra. In M...harl Asln.; and. Form.. Rotary ~UItrleIalSW Friendship House; production Memb.., Commllsloner, ~....ident. Vice - FIoricI.; Vice Immokelet Civic m.nagement & hnm..... w.... & ~realdlNlt aI RCW. Chairman. CRA Min.; Immokllee Bus. Admin. Sew.. DilIrict. Soerd; P....ldent eomm...; ROWy; Fat == ~~.Y 2t Track; Learn to !Taskforce; Lead; and, Citizen Inatltuhl; and. ~haIrm.n. EZDA Academy .nd Leaderthlp Collier. ~omm"'; and. Citizen PlItrOI for ~1OCt ChairmM. Sherif'. o.,t. tmmok.... Master Pian Cornmlllee. Home Add.... 8001 Lake 1101 Monroe St 1205 Orchard A"". P.O. Box 5325 Tmford Rd. 4805 N.vusa Ln. Immokalee Immok.... Immolc.... Immokalee NlID'" - ",\'I14."~ '.p~.... .....~ : ...... \ ", ; /~_ 'r:: ~ ORDINANCE NO, 04- ~ . \.. N ~ . . t:: OLlIER COUNTY ORDINANCE RE-EST ABUSHING THE , OKALEE AREA MASTER PLAN RESTUDY COMMI1TEE AS 'leorenz E IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE; PROVIDING FOR REESTABLISHMENT AND PURPOSE; PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVI?~~G FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR A NDANCE ~EQUIREMENTS AND TERMINATION FROM OFElCE:; PROVIDING FOR OFACERS, QUORUM AND RULES OF PROCEDURE; P"ROVIDING FOR DISSOLUTION OF THE COMMITTEE AND REPEAL OF THE ORDINANCE; PROVIDING FOR REIM~URSEMENT OF EXPENSES; PROVIDING FOR CONFLICT .':&tND SEVERABIUTY; AND PROVIDING FOR AN EFFECTJyE DATE. Agenda Item No. ge November 16, 2004 Page 7 of 31 .#' t' ~EREAS, on May 27, 2003, the Board of County Commissioners adopted Res,lution No. 2003-192 establishing an ImmokaJee Area Master Plan Restudy Coritmlttee as an ad hoc advisory committee for a period of one year; an~~ ~ r' . . WHEREAS, the term of the Immokalee Area Master PIan~~Qy ., . _. .~- Committee expired on July 29, 2004; and ~~l:~ . );..'- rr,'''', WHEREAS, in order to be consistent and in harmony with the pro~~n~f m r- iO the County's adopted Rural, Lands Stewardship Area within the Rura~ei81 " -~ ~ EmpowermentlEnterprise Zone and Ronda Enterprise Zone, the Immok~ AI'!li Master Plan Restudy Committee has expressed a desire to continue the WOQ< of the Committee in order that it may continue to assist staff in the establishme~t of amendments to the Immokalee Area Master Plan 2007 amen'*nent cycle; and " WHEREAS, on Marcb 23, 2004, the Board of .County Commissioners approved to extend the selVices of the Committee through the 2007 Master Plan amendment cycle; and WHEREAS, the Committee has requested a new name which shall be the Immokalee Master Plan and Visioning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: REESTABLISHMENT AND PURPOSE, ./~ The Board of County Commissioners hereby reestablishes the Immokalee Area Master Plan Restudy Committee as the Immokalee Master Plan and Visioning Committee (the .Commlttee-). The purpose of the Committee is to assist County staff with monitoring and implementation of the Immokalee Area Master Plan and land use regulations that affect various Immokalee "zoning districts. SECTION lWO: APPOINTMENT AND COMPOSmON. The Committee shall serve at the pleasure of the Board of County Commissioners. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 2001-55. Agenda Item No. ge November 16, 2004 Page 8 of 31 "The Committee shall consist of ten (10) members from a broad base of citizens and business owners in the regulatory area of the Immokalee Area Master - Plan. SECTION THREE: FUNCTIONS, POWERS AND DUTIES, # The functions, powers and duties of the Committee shall be to: A. /IUlist in the development of any necessary Requests for Proposals 4' (RFPs) for consulting services. B. Assist County staff with the review of general planning matters related to the Immokalee Community. These could Include housing, zoning, economic and/or other issues as may be brought before the Committee. C. Identify and provide the Board of County Commissioners the Committee's recommendations relative to: .,' J road improvements; economic incentives; increasing the quality and quantity of affordable housing; land uses and improvements relative to the Immokalee Regional Airport; density Increases in mixed-use distriC?tS; restructuring of future land use designations and designation boundaries within the Immokalee community; 7. the facilitation of construction of commercial development in commercial districts; 8. the preparation of revisions to current zoning districts and the development of associated Unified Land Development Code standards; and 9. the rl;tview of the 5-year Schedule of Capital Improvements, relative to the Immokalee community. D. Assist In the development of revised goals, objectives and poli'cles and land use designation descriptions for the Immokalee Area Master Plan. E. Assist in the IlIview and updating of the Immokalee Area Master Plan in order to establish consistency between the Master Plan and the County's Rural Lands Stewardship Area Ovenay provisions. All meetings shafl be open to the public and shall be governed by the Rorida Government in the Sunshine Law. AJI meetings shaH be held after reaaonable public notice is provided as to the location, time and subject matter of the meetings, 1. 2. 3. 4. 5. 6. ,-" 2 i" Agenda Item No. ge November 16, 2004 Page 9 of 31 SECllON FOUR: ATTENDANCE REQUIREMENTS; TERMINATION FROM OFRCE, Any member of the Committee may be removed from office, with or without cause, by a majority vote of the Board of County Commissioners. # Attendance requirements, including failure to attend meetings and removal from office ani governed by Collier County Ordinance No. 2001-55, as it may be amended,"r by its successor ordinance. SECTION FIVE: OFFICERS; QUORUM; RULES OF PROCEDURE. 1. Annually, the membership of the Committee shall elect a Chatnnan, Vice Chainnan, and Secretary from among the members. Officers' tenns shall be for one (1) year with eligibility for reelection. 2. The presence of a majority of the current membership shaH constitute a quorum necessary to take action and transact business; In addition, an afflnnative vote of 5 or more shall be necessary in order to take official action. 3. The Committee shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and detenninations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be "submitted to the Board of County Commissioners. SECTION SIX: DISSOLUTION OF THE COMMITTEe; REPEAL OF ORDINANCE. The tenn of the Committee will expire at the conclusion of Its services to staff or upon adoption of the 2007 cycle of the Growth Management Plan amendments for the Immokalee Area Master Plan, whichever is eariier. The Committee shall thereafter dissotve Itself and this Ordinance shall be automatically repealed. Dissolution and repeal shall not be later than December 31, 2007. SECTION SEVEN: REIMBURSEMENT OF EXPENSES. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably Incurred in' the performance of their duties upon prior approval of the Board of County Commissioners. SECTION EIGHT: CONFUCT 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 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 NINE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. 3 Agenda Item No. ge November 16, 2004 Page 10 of 31 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 28th day of Sectember , 2004. ATTEST: ~ DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 1- '1/1 d- ".'i:"". ~ ~ B'frfj:dJ 6? ~~ tOe By: . ." . ...:jD~pu,tt:~~rt< DONNA FIALA, Chalnnan . " .At~i~t..;'tO Chlh...n's ,',.'. S19Qlllr"I'(MI1]. . . -'-. " (...~~;.j.:~:i:,;.::.;~. . Approved as to fonn and legal sUffICiency: d' ~.(~ QI)'~'~t.4d: Marjo M:" Student Assistant County Attomey ll1b wdInanc:e filed wf1h the ~ of~Nft~$~. ~ ~!lay of~..a:xr:t ~nd aeknowledpe f that 'iI eived f 's day 4 Agenda Item No. ge November 16, 2004 Page 11 of 31 ~. '"' ~, STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-62 Which was adopted by the Board of County Commissioners on the 28th day of September 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County CommiSSioners of Collier County, Florida, this 29th day of September, 2004. DWIGHT E. BROCK <;1.'1." Clerk of Courts'."~d-'eio;J:k . - . r . Ex-officio ~~. ..~~f1~IC:.5., '\,,:' _ , c~ounty commQJ.~G3f~~;~~;~~. .~;}!.... ; Tr1 '~ ~""d '.'"" 'jffi . .. :~:'.. ~. '.': : I. : ;' . :- . .. .. >'. "H" ""'. . I. <::- . B Heidi R:..J~~~~j"~~~::J'>' DeputyClerli::>~~'a. ~,,_,_.- . . ...,..............'" ,. .,.-., MEMORANDUM Agenda Item No. ge Novernber16,2004 Page 12 of 31 DATE: October 25, 2004 TO: Glenn Heath, Planning Services;; Sue Filson, Executive Manag \. Board of County Commissio FROM: RE: bmnokalee Master Plan and Visioning Committee As you know, we currently have vacancies on the above-rererencm 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: , . David R Gardner 817 Gira1da Court Marco Island, FL 34145 Robert C. Kantor 2245 Pine Wood Circle Nap~ FL 3410S Fred N. Thomas, Jr. 1205 Orchid Avenue Immokalee, FL 34142 Edward (Ski) Olesky 6001 Lake Traflbrd Road Immokalee, FL 34142 Clarence S. Tears, Ir. 320 Lambton Lane Naples, FL 34104 Leo F. Rodgers 1101 Monroe Street Immokalee, FL 34142 Esmeralda Serrata 603 Nassau Street, Apt, 4 Immokalee, FL 34142 Gary D. Holloway 2105 West Immokalee Drive Immokalee, FL 34142 Agenda Item No. ge Novernber16,2004 Page 13 of31 Raymond T, Holland 7380 Trafford Oaks Road (p.Q, Box 5325) Immokalee, FL 34143 Maxwell L. Press 4605 Navassa Lane Naples, FL 34119.9553 Please let me know, in writing within the 41 day time-frame.. if tile appIicants are qualified to serve as members on the board, and I will prepare an executive S\IlUmaIY fur the Board's consideration. Please categorize .U .pplleaDts ill areas or expertise. If you have any questions, please call me at 774-8097. Tbankyou for yom attention to this matter, SF Attachments - Agenda Item No. ge November 16, 2004 Page 14 of 31 ftlson_s From: advisoryboardsOcollergoY.net Sent: Tuesday, October 19, 200411:20 AM To: 1Ilson_s Cc:: RegulaJason Subject: New On-ine Advi80ry Board Application Subnitted. ~~ Board of County Commissioners 3301 East T....lami TraU Naples, FL 34112 Tel: (239) 774-3102 Fax:(239)77~802 ,~~~ ~rr October19,2004 Application for Advisory Committees I Boards ~ DAVID R GARDNER Home Phone: 239-&42-4410 Home AddNa: 817 GIRAlDA COURT CIty: MARCO ISLAND lJp Code: 34145 Fa NumIMI, 238-a4:l-4410 ........ Phone: No Infom..tic)n pn:lvldecl. EmaiI Address:ANNEDAVlD1QJUNO.COM Bo8rd I Ccla...... AppIed tor: .IMMOKALEE MASTER PLANIVISIONING CMTE CIDgory: (If applicable) ADVlSORV COMMITTEE Ant you . .......... V'CIIIIlr In ~ eoe.n,? Ves Do you cumnIIy hold public oIIice? No Do you now M1W, or have you IeIWd on. Collier County bNrd or No COo."........? Please HIt your COIIIINInity activities: PRESIDENT MARCO UONS CLUB AIRCRAFT OWNER'S AND PILOTS ASSOC (AOPA)MEMBER AIRPORT SUPPORT NElW:)RK MEMBER MlSSISQUOI ASENAI<I TRIBE (NATIVE AMERICAN) MARCO ISLAND CMLAIR PATROL PAST COMMANDER MASS IMNG CAP MEMBER S.E. MASS POLICE CHIEPS ASSOC. EducMlon: BOURNE, MASS HIGH SCHOOL ~/~: COMBAT MEDIC, KOREAN WAR POLICE OFFICER 104 YEARS CONSTRUCTION co OVIINER MASS. UNRESTRICTED BUILDER'S LICENSE. AIRPORT AND ROAD CONSTRUCTION, PUBLIC BUILDINGS, FEDERAL BUILDINGS, UNDERGROUND 10/19/2004 Agenda Item No. ge November 16, 2004 Page 15 of 31 UllLmES, PRE-ENGINEERED SLOGS. ETC. PILOT AND AIRCRAFT ()IM.IER, CESSNA 1Vv'IN. BUSINESS. SEARCH AND RESCUE (CAP)PERSONAL. 3,800 HOURS. AlC AT MARCO (MKY) APT. 10/19/2004 Agenda Item No. ge November 16, 2004 Page 16 of 31 filson 5 - From: Sent: To: Subject: robert kantor [robertk@flmortgageteam.com] Tuesday, October 19. 2004 11 :22 AM filson s Re: advisory committees Sue, Sorry for the error. Please submit my application for the rmmokalee Master Plan. Thank you! Robert ___ filson_s <SueFilson@colliergov.net> wrote: > Robert, you will need to submit an application for > each committee you are interested in; if you only > want to serve on 1 committee, you will need to let > me know which one you are interested in, You can > serve on 2 committees if you are appointed. Please > let me know. > > Thank you for your interest. > > Sue Filson > Executive Manager. Bee > (239) 774-8097 phone > (239) 774-8865 fax > <mailto:suefilson@colliergov.net> > suefilson@colliergov.net > > <http://www.qksrv.net/click-691073-9486942?Url=http%3A%2F%2FuSpins.zoovy.com%2FcategOry% 2Fmilitary%2F> > > > > > 1 Agenda Item No. ge November 16, 2004 Page 17 of 31 11150"_8 From: advlsoryboards@collergov.net Sent: Tuesday, October 19, 2004 10:25 AM To: filson_s Cc: RegulaJaBOn Subject: New On-line Advisory Board Application SublTitted. ~9*~ Board of County Commissioners 3301 East Tamlaml Trail Naples. FL 34112 Tel: (239) 774-3802 Fax: (239) 774-3602 ~t~I\.I. ,.~.. '..J ",,1 /' October 19, 2004 Application for Advisory Committees I Boards NM1e: Robert C. K8n1or Helme Phone: 239-213-0294 Horne Address: 22<<5 Pine ~ CIrde City: Naples ZIp Code: 34105 Fa Number: 239-213-0988 Bulliness Phone: 239-572-4705 ErMII Adchu: I'ObertkOftmorlgageteam.com 808rd I Cotdll..... ApplIed far: Immolcalee muter PIlI" _ CaIegory: (If~) No Information provided. AN you . regi.... "., In CoIilIr County? Ves Do you cumntty hold pubtic omc.? No Do you now -.we, or have you MrWd on. Collier County bNnI or No COllI".~? Please IIIIt your cornmunIly activities: Sta. of Florida RegilaNd Vokmteer - hun1Cane relef Education: as Busine88 AGl."dtiuo'l- BrIdgewa1Ier College Mi'Ior Econornica EllperIence I BM:Ilground: 10+ yeare in Real ElDlIlIMortgage hnclng Owner of emal ~ In NlIpIe8 10/19/2004 Agenda Item No. ge November 16, 2004 Page 18of31 RECE!\fED 1", ('~" 4 - "004 '.J',"! . .' l. Board \it ~{JUlitJ '>)mm' $~ ioners 14 October 2004 Board of Commissioners Collier County Naples, Florida Dear Commissioners: Please let this letter serve to transmit my application for a position on the Immoka1ee Master Plan and Visioning Committee. I served on the original committee ten years ago and am serving as chairman of the recently expired committee. Thank you very much for your support. ~ ~~ Fred N. Thomas, Jr. The Wildlife Photographer 1205 Orchid Ave Immokalee, Florida 34142. (239) 657-8181 · fnt,jr@aol.com Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9C November 16, 2004 Page 19 of 31 Name:~)> A.), -THoMA'> StL. Home Address: /'2.,(') S- 0 ~ t+ I h tl \I~ :r:"", ,..., . Business Phone: 6S"? g, KI Application for Advisory CommitteeslBoards 65'7 5:tftj. 7 3,/1'12.- 2F!~" ~ Ai'I.::J7L. €2 A"L . Co~ Home Phone: Zip Code: Fax No. e-mail address: Business: (l.. ~ 17 tl.-'.D Board or Committee Applied for: ~lII\oKA~ AlAsfilJ, fl~1() A~1> v{.sIONIJVt;.. ~""A\. Category (if applicable): Example: Commission District, Developer, environmentllllst, lay p7 Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is that office? No No / Do you now serve, or have you ever served, o~ C.9I~g COUD~ board Amttee? Yes If yes, please list the c:ommitteeslboards: ~ t'A.S '" , It... ~ \,/~/ No Please list your community activities (civic c1U~ighborhood associations, etc. and positions held: f,lAoS1%.. S~ I ,."c.< LO Education: plwS l- .f ~ A-rt.r1 c.i "!J fUA$~ fu... A77AcHJtC> Experience: Please tItUlch allY tulditiolllll iIIfOnrullUJlI J'tnI feel pertinellL TIds ilppl/ciltit1l1 sholllll be fOMflrded iii SIIe Fllstm, Exec/lUn MlUlQger iii the BtHUd of CO/l1Ity Commissiollers, 3301 Eat Tamiami TrtdJ, Ntlplu, FL 34112 If yo/l wish, p/a$e fax YO/l, tlpplicatloll to (239) 774-36020' e-mllil to suefi/sottCikoilieI't!Ov.neL T1Jallkyo/lfM vol/l1lteerillg iii sen>#! tire clliullS Of Collie, CO/lllty. Fred N. Thomas, Jr. Page lof2 Agenda Item No. 9C November 16, 2004 Page 20 of 31 Fred N. Thomas, Jr. BCB Board Member AREA: lmmokalee CURRENT TERM: June 5, 1998 - March 3, 2004 ORIGINALLY APPOINTI!D: June 5,1998 APPOINTl!D BY: Governor Lawton Chiles BIRTHPLACE: New Yori< City, NY EDUCATION: B.A. Norfolk State University, Norfolk VA OCCUPATION: Retired ADDRESS: 1205 Orchid Avenue, lmmokalee, FL 34142 PHONI!: 239-657-8181 EMAIL: fnt;lrOaol.com/fnt;jrOsfwmd.gov PROFESSIONAL AND BUSINESS AFFILIATIONS: . Govemor's Advisory on Farmwori<er Affairs Chair . lmmokalee Rotary Member and Past President . Immokalee Chamber of Commerce Board of Directors and Past Presi dent . Redlands Christian Migrant Association Board of Directors _ Lake Trafford Task Force . Big Cypress Wildlife Institute Board Member . florida Association of Housing and Redevelopment OffIcials Member and Past President . National Association of Housing and Redevelopment OffIcials . Norfolk State Alumni Association . Omega Psi Phi Fraternity _ Immokalee Main Street Past PresIdent __ Immokalee Enterprise Zone Chair _ Collier County Planning Commission Past Chairman . Immokalee Foundation Vice President . Leadership Collier Class of 1992 . leadership Southwest Florida September 8-11, 1993 . Leadership Florida Class XVII ____ Collier County Affordable Housing CommIssion . Collier County Sheriffs Commission . NAACP, Collier County executive Committee . National Rifte Association Life Member home (text \'crsionlll Dad; to Die;.!J"rellS Basin p~1 E-Mail r whO to contact · sIte map. search. webrnaster · site deSign · home http://www.sfwmd.gov/orglbcb/3_thomas.html 9/27/04 Oct 07 04 09:0008 Callier Countl:::t p,_ 1 .Agenda Item No. 9C November 16, 2004 23S-771-8865 Page 21 Cf/.;31 CQ:Uier County ..".-_.~:.-.""~-., -,....~:: ......::. =-,._.:..._0 ..:...:..._: Application for Advisory Committees/Boards Board ofCoullty Commlssionel"t;RECEIVED 3301 Eas. TamiaDJi Trail Naples. FL 3411Z OCT 0 7 (139) 774-8097 , Fax: (239) 774-Wird of County C Name: EDl./AR /) (Sh'../ CJ L E S..IS:}i. Home Addres.s:~ J~ J.. 7iPh ~...../.{[!!L --"'- I Zip Code: ..s~/Y. L HOHne "IIo.a: 'o~9- 1:._",'7. .::> 11,.., , I Busbleu Phene:..:7.1?-hS7-.J f,N, J I Fax:.:2.3 f _ ".s N ~ Ya J e-mail addren: Board or Committee ADDUed for: _ . .. - ~ t!", Hbn C'_'I!ton. tif ."DIJco.I>I~l P.....mn.l~: ('4mllli...... DilItrin Dln'eIalkr. ftI~I"'mnnu.II.t., (:~""""I-L.a'M. ..Ie. Are you a ret!.istCTlld 'Voter in C4llJier Couan'? I Yes ~ r No L J Do you curren.I)' hold public office? I Yes Ud-""" / No [J lf~o,w""tofYke do vou hold! R", r'-_ ;~~... ~ !=/it'J? Do yoU DO'" ser\'c. or have )"OU e"-el" served on a CoWer C".ouutv boanI or committee? I Ye. ~ I No [] Ih.n.r>/.,....,I..llIc-bondsfroonnli1t....,.: - !fJJ-J.:.., J- 'kJ,,. ^ 1~_1 H ~ Please list your community activities (..ivic clabo. neill!:lIbart1ood -'1llIoaK. _.1Id positi..... held): h_ 0:. ...' Q,!.., Lr..-rlO -r~,,--t' lA.l l' ~-">.. D... .L A\\~, ~ c.J..o; I_h....... m.a LA PI.un '" _ '-. Yi . ~ ~ L .,y> I-hilL"" n_ .0_ , ~IJ I _ . EducatIon: #lOA r~.L / ',],.'" . _ 'EIF. . II ' ~ 7-n~ 'M L .::7'.1........ y{.:...::z:;;./7 Af A.l 'I/ ~ '.,n'_-I i'~., I r, t:1' EXDCrieDCe/BllcJc2round: ~ ~ ~~~ ,1.4' '.// " Itkw....... .. n.. ~ - ,.P A . u , ....:..1. _'" /!~,,,,.... A A. , V .P .. . '.: ~. Pl_ _t!h Off". ."Ilti~ iIif__ JffHI.I_ pt!nbw.~ :n.I, ."_11..,....,,., k,flwt.-.t_,. s... FU_, ~ 1IIIt.......1. ,". ._rtI "'C-IfOI c~ 33fU I!a# T_iINIl ~ ~6, FL S"'I~ (fJ1llll..... "-JCc,-: .,,~ ,.. (Zn) 'f74-J6tJZ .r... _10/1,. -"__".,1_..._ TlMIrltyrMf4I,..or.............., lit....... 0", ~ ofC.lIln c.....,.. ..<.. .;: ",." '-, ....';1 ". le/e4/200~ 19:36 2395974997 BIG CYPRESS BASIN PAGE 01 Ag~R8S hJlt~o. 9C Novernber16, 2004 P"'Ol? ?2 .o!.31 pep" ~ Tears Jr, Cia rence Po8t-n- Fu Note 7671 To IliI1e I "'m From: Ct'lIisl an, Ann Sent: Mood. PI. October 04, 2004 4:29 PM To: Tears Jr, Clarence Subject: applle ,tion CoJO.1lC. ""- . Of ~: ~..~~:~~" ',,( :i~:.': . , :2~_~~~~ . r~:r 1... ~, '.\~' ~'''':.~.'-'; c:~,'~ ~'~" ':~.~ ~~~ ~~:~' i~ L._.__.___~_~ i_ Enolll. PowenMI by Go< ,Ie. l:_~ Depa~ ~=-__.__ ComIlIi&slon . Home AdYhioryBoard Annual C.III~r Board Agenda Boardroom Calendar Board Meeting RecIIp, Using the Boardroom, odiUm Computer Civic Aaoc:illClons Clerk 0' COII'tI Laser I iche DlstrIct MIIP InlerpreWr'$ Guid. Meetings & Infonnlltior ~. R__ 10/412004 Advisory Board Application Pie.. fin out me fobmg foIm to IIppIy for. Collier County BomII Comma.. Once you have ftI'-l Ol.lt all of the neClMMfY fIeIda clic:k the continue butlOn below. . In", InIoFlMtioft 3. Pri'l11nf'oRllltlon Na",,: ICiirence 8. Teera Jr. ! ..---..' PINIe ~ tofJT INlIIIO as It appears 0fI )IWr ~ l'egistrakul Nomlt Add,...: [20 ~~_...,.._____ ...____..,____.J City: ~~~..._--_._, .--..,. r:;-.:__-.! Halite Phone: ~3t 304801* ._1 Ell, 231-555-5555 1IU8I..... PhHe: l!!!-.!!?~--l EJ(. 239-55$-5555 fax: L-._,,__.,~ EIC.23(I.555-5555 __..._......_.8~_.___...__....__..._.,'_.."...._"......__...___.,_4........__._.___.._._..... IrnporbNlt: In order to ~ 1I copy of your IppicatiOll)'Ol.l mur.t entw a Y111id E-lmIi1 ackIra... e.m.u Add,...: '~!t~.~_._._....__.__,_i ........ ....-.,........_.._-_....._.._-~-'.._-----_.........._.- ,"rei or COIM.... Applied fOr: ~~~,-"JP.l~!!!!!a_ c.ttgOry (If AppRt:Itb/e): L_.._~_.__. .___. __,,~..__..._..._ er8m/llrl; CommillSlon Di'frI<<. 0fwttf0Pftt' e~"st, Cldr~ Ar-t..rge. .t/;, 16/84/2084 19:36 2395974987 BIG CYPRESS BASIN PAGE 02 Agdl$lt~)lo. 9C November 16. 2004 Page 23 of 31 Are you I nII-- votIN' In CoWer Coun.,' @ v.. C tto Do you eurnn1ly IIofd publio office? C Yes @, No If yes, what olfice do you hold? 1_...._ __._...._...._.__._.__....____...._\ Do }IOU -- serve, or NY. you ..... HfWd an a Collier County boenI or comm","' Ci!) Y_ C No If yes. plltale lilt tile boards , commllWes: Irnmokllee Master Plan COIMIl\lwe Like Tl'llford Taslc Force Slue Rlbbol'l Pinel COI't'Imia.o -.---- ~ ...-_,..__-.._-------~ PINN '- 0 ~ Ind M hid: SAC Chair l.eIy Hitllschool Elecled member 8ef1llhile Likes Master Boall:l VP Air Fforce AI$ociatioll Mentor for Tn. Slack In CIlIknn stock in Children Hltdiofl comlllittee I CI1lIir'lMn t;c e.... 2001 : ~ O!~~sIlfo FIorida.______..__. __.___._n_______ ._..3 Example: CMc: eJclbl. nWf1/tborllood .~MJans. .tc. Educ:IIttea: M&\ BuliIHlll AdmiPllllratioll BS Bulineu AdministnlCion AI>. ClYn EngIneering .' .. - . --..--------.-.....-----..--..----..-.-......--....-------..- -..-....--._.....B no. , 114: 20 plus }'Wrl in 1l1lI~ WIller R..1lU1Ce IIIues . " .' f . i ..-.._______H__.".____..~ _____ __ ___, w___...___~,. '_'OM"'..__.__. .__....._ ____" .J!! ~~ II:... . ,...._.~. ~ If you "-we.oy Questiona ~II this .ppicalion P..... QOnlllQ Sue Filson. Execulllle Manager 10 IIw Bon of County Commissioners. al (23i) n.t-80i7 or em.illo suelllsonOeolliefVov.nel If IlOCftsary you may download a hard COpy of this application and submlt to Sue Filson at: Sue F'Ilson, Exoeuliw Manoo... t<l thtt &<lard <If County Comm__rs 3301 EAt Tamillml Trail 1014/2004 Agenda Item No. 9C November 16, 2004 Page 24 of 31 filson_s From: Sent: To: advisoryboardS@coltiergov.net Monday. October 04, 2004 11 :44 AM filson _ s Cc: RegulaJason Subject: New On-line Advisory Board Application Submitted. ~K~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 j..t~l ...1 ,'.-. '; . ~ f7 ",,1 ;I October 04, 2004 Application for Advisory Committees I Boards Name: Leo F. Rodgers Home Phone: 23~7-3601 ttomeAddnlSs: 1101 Monroe St. CIty: Immokalee lip Code: 34142 Fax Number: 23fj.657-948Q Business Phone: 239-707~29 EmIli AddrnS: ifdfm30@earthlink.net &o.nI1 Cu......... ApplIed tor. ImmoIcBIee Me*" Plan CIIlegOfy: (If IIpplicable) No Information provided. Are you . regi........ voIIr In Coller County? Yes Do you currently hokf public otic.? No Do you now serve, or have you served on . COllier County board Of' Yes commIUee? If yes, plea.. list the boards I committees: Immokalee Master Plan P..... list your community activities: Imrnoklllee Civic A880c. Immolcalee VVlIter and sewer District commiAloner Collier County Fire Marsha", A880c. Education: High School Diploma Some College I- I I I Experience I Background: No Infonnation provided. 10/4/2004 e e - Agenda Item No. 9C November 16, 2004 Page 25 of 31 filson_s From: advisoryboards@colliergoy,net Sent: Friday. October 01,2004 11 :16 AM To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Submitted, ~ C. ~~l i..1 ...... ~~ . r, ,....... ~; ..". :. .' .. ' , .~ ". "... ~ / Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 October 01, 2004 Application for Advisory Committees I Boards tAme: Esmel1llda Serrata Home Phone: 239-657-5838 Home Address: 603 Na888U Sb'eet, Apartment 4 City: Immokalee ZIp Code: 34142 Fa Number: 239-<<)7-7232 BusIness Phone: 239-657-36<19 Email Address:cchall@aol.com ao.d I ~.Ilo,lith... Applied for: Immolcalee ....aIer Plan Committee c.tegory: (If applicable) No information provided. Ale you a regislanld voIer in Colier Ccudy? Yes Do you currently hold public omce? No Do you now serve, or have you seMtd on a Collier County board or Yes commlltee? If yes, ple;lse list the boards I conmlllees: Vvbr1lforce Housing and currently Immoklllee Master PllIn Committee Please list your community activities: I am a board member of the following: Vice Chairman of Immoklllee Vllater & Sewer Board; Board Member of RCMA. ImmolallH Chamber of Commerce, Pr88ldent-E1ect of Immokatee Rotary, Vice Chairman ofCOFFO and various participation in other community ac:tiVltles. committees. EducatIon: Immokalee High School graduale and Bachelor of ScIence in Busineu Administration Experience I Background: 1011/2004 Agenda Item No. 9C November 16, 2004 Page 26 of 31 ExecUive Dif'edDr of Coller County HousIng Authority e e . 10/1/2004 Agenda Item No. 9C November 16, 2004 Page 27 of 31 filson_s e From: advisoryboardS@coIHergov.net Sent: Wednesday. September 29, 200410:13 AM To: tilson_s Cc: RegulaJason Subject: New On-fine Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 77~02 ...~~I \.1 0"'" " '. . ... :.=-?" f( ,.1 "/ September 29, 2004 Application for Advisory Committees I Boards Nwne: Gary D. Holloway Home Phone: ~289-9436 Home Add....: 21 05 Wnt Immokalee Drive City: Immokalee lJp Code: 34142 e Fu Number. Z39<<i8-6109 Business PIMlne: 239-857-9210 ElMO Address: garyOgIade8media.com ao.'lI/ COh'WI.mee ApplIed for: Immokalee Meeler Plen CIItegory: (If applicable) No Infol1nlltlon provided. Arw you . MgfskI'tlCl voter In CoI_ County? Ves Do you cumll1tty hold public ofIIce? No Do you now serve, or hllve you ..rved on a Collier County board or Vea committee? If yes, p..... list the boards / cornnIltees: Immokalee Maeler Plan Community Redevelopmant Board P.....list your community IICIIvIIIes: Immolallee Pop Warner- President Immolallee \NIed & Seed - member Immolallee Chamber-member Imm0k81ee Jaycee. Pnnident Immok8lee Vouth Organization- President Education: 95-lmmokalee High Grad 8lIchlor in PsycoJJogy working on MII..r Degree - Experience /8lIckgrouncl: 9/29/2004 - e 1-.- I I 9/29/2004 Immokatee R88Ident that I. yery active within the communitywith young adub, youth of ImmokBlee. Agenda Item No. 9C November 16, 2004 Page 28 of 31 Agenda Item No. 9C November 16, 2004 Page 29 of 31 filson_s e From: advisoryboards@colliergov.net Sent: Wednesday, September 29,2004 10:05 AM To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 'J.-t~1 .~.I ."\ ,~ . ~ I( ..1/ September 29, 2004 Application for Advisory Committees J Boards N....: Raymond T. HoHand Home Phone: 239-657-4568 Home Address: (7380 Trafford Oaks Road) P.O. Box 5325 City: Immokalee ZIp Code: 34143 e Fax Number: 239-857-&482 Business Phone: 239-657-3171 Email Address:RHoIlandOFlorldacommunltybank.net &o.d J Coulldiltee ApplIed for: Master PIIIn Committe Category: (if applicable) No information provided. Are you . registered voter In Coller County? Yes Do you cunwlUy hold public olliee? No Do you now .......,.. or have you served on a Collier County board or Yes c:ommIttee? If yes, please list the boards I committees: Master Plan EZDA CRA PIe_ list YO" community ac:UvIties: Area Preaiclen1 Florida Community Bank Director Immolallee Chamber of Commerce Regional Board Senior Connections President Collier ColA'lty Fair VICe Charlman of GoodwllllndU8lries of Southwest Florida CRA Committee VIce Channan Highway 29 Taskforce EZDA Committee Charlman Master Plan Committee VIce Chairman Immokalee Community Development Corp. Past Member - Education: BS in Business Administration Tenneesee Technological University Cookeville Tennessee 9129/2004 AJenda Item No 9C ovember 16, 2004 Page 30 of 31 Experience I Background' Banking from 1973 . e . _e 9/29/2004 Agenda Item No. 9C November 16, 2004 Page 31 of 31 ftlson_s From: advisOryboards@coliergov.net Sent: Friday, October 22,2004 11:36 AM To: 1i1son_s Cc:: RegulaJason Subject: New On-fine Advisory Board Application Subn'itted. ~~ Board of County Commissioners 3301 East Tamiaml TraU NIIples, FL 34112 Tel: (239) 774-3602 Fax:(239)77~802 l(A.-t~1 '1..1 ......... .'; ". .' . - '. .. . :' ~.... "'..., ~ ./ October 22, 2004 Application for Advisory Committees I Boards N8me: MuweII L Prns Home Phone: 239-698-9308 Hame Address: 4806 Nava_ LN CIty: Naples Zip Code: 34119-9553 Fu Number: 239-867-5236 ......... PIIone: 239-857-4421 EmaI AcIdfess: rnaxpCteixls.com Board I Cot........ ApplIN for: Immolal," MIl.. PIIIn and VI8ionlng Conwnltlee CMegory: (If appIlcllble) No Infor1'MtIon proYlded. Are you a ngistenId vcar In Colier CoIBIty? Vea Do you cunently hotd public ofIice? No Do you now ..., or hew you ..... on. CoIIIlIr CountJ' ~ or No ~.ilII.lIiltee? Please list your canwnuNty lICtivttln: No Inform8tIon provided. EdueeDon: -BS AQricuIlure EconornK:a and Rural Sociology, Univel'lllty of Tenne...e, t996 ExpefteIlC:e I 8edqpound: I am a shareholder for an Immokalee batted vegetable commodly grower/packerlshipper and have wort<ed for the peat seven yea~ in the areas of production management, and buslnesa administration. We are one oftha IaIg88t employers in Immokaiee. 10/22/2004 Agenda Item No. 90 November 16, 2004 Page 1 of 11 - EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE V ANDERBIL T BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members to serve 4-year terms, expiring on November 13, 2008, on the Vanderbilt Beach Beautification MSTU Advisory Committee. CONSIDERATIONS: The Vanderbilt Beach Beautification MSTU Advisory Committee was established on July 31, 2001 by Ordinance No. 2001-43, This 5-member committee aids and assists the BCC in carrying out the purposes of the MSTU, prepares and recommends to the BCC an itemized budget for the MSTU and recommends work programs and priorities to the County Manager. Members must be permanent residents within the MSTU. After initial appointments, terms will be 4 years. A list ofthe current membership is included in the backup. The terms for Charles C. Arthur and Alvin Martin, Sr. expired on November 13, 2004, A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert Baker Resident within MSTU 2 Yes None Charles C. Arthur Resident within MSTU 2 Yes Vanderbilt Bch Beaut Committee Alvin D. Martin, Jr. Resident within MSTU 2 Yes Vanderbilt Bch Beaut Committee ,-. COMMITTEE RECOMMENDATION: Charles C. Arthur - Re-appointment Alvin D. Martin, Jr, - Re-appointment FISCAL IMP ACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments, Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 16,2004 ,....... Agenda Item No. 9D November 16, 2004 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9D Meeting Date Appointment of members to the Vanderbilt Beach Beautification MSTU Advisory Committee. 11/16/2004 9:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 10/22/20041 :45:11 PM Board of County Commissioners Bce Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/2/20049:45 AM Agenda Item No. 90 November 16, 2004 Page 3 of 11 Memorandum To: Sue Filson, Executive Manager Board of County Conwnls.lonera From: Bob P.......n, project llanager Landscape Maintenance Date: October 21, 2004 Subject: Vanderbilt Beach Beautification IISTU Sue, at their October 21, 2004 meeting the Vanderbilt Beach Beautification MSTU Advisory Committee reviewed the resumes of three applicants, Robert Baker, Charles C. Arthur and Alvin D. Martin, Jr. The committee found all three applicants to be qualified. The committee by a vote of 4-0 chose to retain the current members Charles Arthur and Alvin D. Martin, Jr. Transportation Services Division Road Maintenance Department Agenda Item No. 90 Novernber16,2004 Page 4 of 11 Vanderbilt Beach Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Tenn Mr. Charles C. Arthur 09/24/02 239 Channel Drive 594 8958 Naples, FL 34108 E-Mail: District: 2 Category: Resident - Conners Vanderbih Beach Estates Mr. William Llewellyn Schmidt 11118/03 405 Pine Avenue 596-8546 Naples, FL 34108 E-Mail: District: 2 Category: Resident-Vanderbilt Beach Estates Mr. Richard E. Lydon 11113/01 450 Tradewinds Avenue 597.2746 Naples, FL 34108 E-Mail: District: 2 CaJegory: Resident-East Side of Vanderbilt Lagoon Ms. Carol Wright 01108/02 9362 Gulfshore Drive 597-9503 11118/03 Naples, FL 34 t 08 E-Mail: District: 2 CaJegory: Resident-Seawatcb Condominium Mr. Alvin Martin.l'r. 9790 Gulfshore Drive, #306 Naples, FL 34) 08 E-Mail: District: 2 Category: Resident-Le Dauphin 01/08102 514-3067 --. Wednt!Sday, NOlIembn- 19,2803 Pagtl 1 012 11/13104 2 Years ,/ 11/13107 4 Years 11/13/05 4 Years 11113103 t 1113/07 2 Years 4 Years 11/13/04 3 Years /' Agenda Item No. 90 November 16, 2004 Page 5 of 11 Vanderbilt Beach Beautification MSTU Advisory Committee NIUIte Work Phone Appt'd Exp. Date Term Home Phone ~ 2ndExpDatt!! 2nd Term This 5 member commitlee.. eebIbIlshed on July 31, 2001 by Oldin.._ No. 2001-43 to aid and assist the Bee in cenying out the pur'JQeS of the MSTU, 10 pnJp8te and recanmend to 1he BCC - itemized budget for the MSTU and recommend work progt.... and priorities to the County Manager. M8nbers must be permanent residents within the MSTU. Allar initial appointments, terms will be .. years. FL STAT Cbapter 125, 165 A 200 Staff: Ed Kant, Transportation Operations: n4-8494 Wedn'Sday, NOIIember 19, 2003 Page2of2 Agenda Item No. 90 November 16, 2004 Page 6 of 11 MEMORANDUM DATE: August 30. 2004 TO: Elections Office Sue Filson, Executive Manager -91 . Board of County Commissione~ir \ FROM: RE: V oter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. VANDERBILT BCH MSTIJ ADV COMM COMMISSION DISTRICT Charles C. Arthur 239 Channel Drive Naples, FL 34108 les frS ?- ;). Robert Baker 15 Blue Bill Avenue Naples, FL 34108 Alvin D. Martin, Jr. 9790 Gulfshore Drive, #306 Naples, FL 34108 ;vs ~ Thank you for your help. REceIVED SfP 0 2 ". "'l i"..i Board of Count C ' J 0",111155 i oners MEMORANDUM Agenda Item No. 90 November 16, 2004 Page 7 of 11 DATE: August 30, 2004 TO: Bob Petersen, Landscape Engineer II Transportation Department Sue Filson, Executive Manag ~ . Board of County Commissio:J /\ FROM: RE: Vanderbilt Beach Beautification MSTU Advisory Committee As you know. we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert Baker 15 Blue Bill Avenue Naples, FL 34108 Charles C. Arthur 239 Channel Drive Naples, FL 34108 Alvin D. Martin, Jr. 9790 GuJfshore Drive, #306 Naples. FL 34108 Please let me know. in v,vriting. the recommendation for appointment of the advisory connnittee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants iu. areas of expertise. If you have any questions. please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ...",-" -:'~ r....'..., ~ ~_. ,~.. Agenda Item No. 90. November 16, 2004 Page 8 of 11 Board of County Commissioners 3301 East Tamiami TraU Naples, FL 34111 (239) 774-8097 I~,H, Fax: (139) 774-3602 :,"', t <<.I.,,,.~.\.I ". .," . .',...... ," :; . .. ?....' . ".. .. . ,.: . t ,'""..1 ' Application for Advisory CommitteelBoards Name: (? c, tb( U (7,,4 W p-A Home Phone: 1. ~ ~ ' S '1"7 - i>~, ~ Home Address: l!i i3 L."E 8 , (...'fOl,4 liE" _ IV.#-PI-I:'-S J ':J. Zip Code: ~4 roj Fax No. - Business Phone: ~ e-maU address: Business: ~ {f ./l-fi' 0 Board or Committee Applied for: IlrNlAA,~ b~ fb~d'~&"<' -p-~ ~~~ p/t:ntJ?r Category at tIppllcdU): Example: Commission Distriet. Developer, eavironaentalUt, lay penon, etc:. Are you a registered voter in Collier County: ~ 1/ No Do you currently hold public omce ? Yes ~ v If 110, what is that oMc:e ? Do you now serve, or have you ever served, OJ or Committee? If yes, please list the c:ommJtteeslboards: /I. ~ J) ',~-W'l~ ~~.'. ~".' v41~- f'}OilfK-#1'( ~S~:- , , ." , . -' /'. "i-';;..f:O ' J.J._,~"c}c'P .' . J.. ,'7:' , n~";>iI'" ", .", _jJ('",-,~pn In. .' ....{ .A.' 'h' j) "'#(1' , '-', /I/(} lz' ". '", - ",-- .... ",.~ ) V Please list your community activities (civic e1u\. positions held: t: c; ~ 00 1;'(; ,4-ft.O V ....N" (N:, (J,E """" ; .~ ~ ':- ,-15'$ ""c I..... 'r , "., t' ,.. v.v't"tl.Lo: e L'" 6 (u j) Nt; A.r14J 'L- Education: P:J-:> \ Mlb4 ... Wh l' , , .., '" . ...... - " " Experience: '-=I ..(.........a..-h~~~ - ';',-; . , ~ i-y." ~.~ VV"""": .. ~~-N: M6rv 4,..S d. t.> n..J1 . Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson. Executive Manager to the Board of County Commissioners, 3301 Ewt Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (941) 774-3602 or e-mail tosuefilson@calliergov.net. Thank: you fo, volunJeering to serve the citiuns of Collier County. . Charles C, Arthur 239 Channel Drive Naples, Florida 34108 Agenda Item No. 90 RE:~~16, 2004 1-1 .. ~age 9 of 11 AUG 2 7 2004 ~oard of Count) Com~issioners ... .. Ms. Sue Filson, Executive Manager Board of County CommiR.goners 3301 East Tamiami Trail Naples, Florida 34112 Dear Sue: This is to let you know I am interested in serving another term on the Vanderbilt Beach Beautification MSTU. An updated application is enclosed. I apologize for not getting this to you earlier. but I was out of the COUDtry. Please call if you have questions. Thanks for your assistance. . Sincerely, cfJu& Charles C. Arthur - . -. . .. Agenda Item No. 90 November 16, 2004 Page 10 of 11 Application for Advisory Committees/Boards Colter Cou.nty - ~ ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Education: Pietlse ilttlldlIIIIY UilititllIIII illjOl'llltltltnt yo/l feel pe~II.11L ThIs 1IpplIcatl0ll 51101114 befo~ to SM. FIhim, ExecutIH M-.n iii the BtHUd of Coll/lty C_..iuiorwrs, 3301 Eat TlUllitulci TrtlU, Nilpies, FL 34112 IfYO/l wish, pieue jIIx yo"' tlPplkIItioll iii (239)774-3602 0" e- IIIaJ1 to suefllsotiiiJcoUie"lOV,lIeL ThaIl4yo/lfl1' ""'/l/ItUriIIg iii serve tire cldum of ColliN CtnUIty. e - e Application for Advisory Committees/Boards Agenda Item No. 90 November 16, 2004 Page 11 of 11 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 ... Fax: (239) 774-3602 \1'1';)\0.1(' rJO~ h€VlIll"'" ,k D3 Education: I C( tr ~ C1.\.~ 6C)af Please tzttach IIIIY IIddiIiDlIIII lnfo,.",lI&n yo/l feel pertillellL This tlpp/iclltioll shollltl be foM8rded iii Silt! FiIsolI, E:acrdive MlUlQger iii the BoIInI ofCo/lllty C~i8l1ers, 3301 &1st T__l Trail, Naples, FL 34112 Ifytl/l wisJr.,pktuefllXYoJUilpplictdlon to (239)774-36lJZ ore- IlltUJ 10 suefilson(iiJ1:01IieN!ov.lleL Thllllk yo/l for l>Oi/lIltHriII, iii Un>#! the citiUIIS of Collier CO/lllty. Agenda Item No. 9E Novenlber 16,2004 Page 1 of9 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE PUBLIC VEHICLE ADVISORY COMMITTEE OBJECTIVE: To appoint I member to serve a 4-year term, expiring on September 2, 2008, on the Public Vehicle Advisory Committee, CONSIDERATIONS: The Public Vehicle Advisory Committee has I vacancy representing a Non-Affiliated ALTERNATE position. This 5 member plus 1 alternate member consists of at least 2 members and not more than 3 members that must be holders of Certificates to Operate a motor vehicle for hire company in Collier County and at 2 members and not more than 3 members who are in no way affiliated or associated with the vehicle for hire business. They review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the Public Vehicle Board (BCe) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ordinance 95-66. Terms are 4 years, A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY D1ST ELECTOR ADV. COMM. Reg Buxton Richard David Pickett Non-Affiliated Non-Affiliated E~ C.c. Citizens Corps 3 ~ None -- COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests 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: NOVEMBER 16,2004 ,-.. Agenda Item No. 9E November 16, 2004 Page 2 of 9 "'~- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9E Meeting Date Appointment of member to the Public Vehicle Advisory Committee. 11/16/2004 900:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 10/22/2004 1 :45: 11 PM Board of County Commissioners Bce Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/8/20041:14 PM Agenda Item No. 9E November 16, 2004 Page 3 of 9 (i) Memorandum To: Sue Filson, Executive Manager BeC From: Michelle Arnold, Code Enforcement Director Dam: N~ber5,2004 Subject: Public Vehicle Advisory CommIttee I am in receipt of your memo dated October 25, 2004 in which you requested review of applications submitted by citizens interested in serving on the PVAC. The resumes for the applicants listed below were reviewed and meet the general classifications of Ordinance No.2001-75 See 142.30. Reg Buxton Richard David Pickett Non-affiliated Non-affiliated Code Enforcement Department Agenda Item No. 9E November 16, 2004 Page 4 of 9 ,~ Public Vehicle Advisory Committee Na.me Work Phone Appt'd Expo Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Russell Berghuis 03/23/04 09102104 6 months 6202 Shadowood Circle 417-5118 09121/04 09/02108 4 Years Naples, FL 34112 E~Mail: District: 1 Category: Non~Aftiliated Mr. VACANT 09/02104 Naples, FL E.Mail: District: Category: AL TERNA TE - Non-Affiliated Mr. Tony Marino 593-5567 03/23/04 09/02104 6 months 729 Regency Reserve Circle, #5503 353-7036 09121104 09/02/08 4 Years ~- Naples, FL 34119 E-Mail: District: 3 Category: Affiliated Mr. Randall R. Smith 262~1914 03/23/04 09/02/04 6 months 9120 The Lane 513-0501 09121/04 09/02/08 4 Years Naples, FL 34109 E-Mail: rsmith@nttdestination.com District: 2 Category: Affiliated Mr. Michael L. Mendel 394-1113 03123104 09/02/05 1.6 Y rs 390 Ortega Lane 642-6893 Naples, FL 34145 E-Mail: katmikmen@coDlCast.net District: 1 OItegory: Affiliated /".- Tluusday, september' 30, 2004 Pfl6~ 1 of 2 Agenda Item No. 9E November 16, 2004 Page 5of9 ."-" Public Vehicle Advisory Committee Name ' Work Phone Appt'd Exp. Date Tum Home Phone DateRe-appt 2ndExpDaJe 2nd Term Mr. Allen B. Walburn 925 8th Avenue South Naples, FL 34102 E.Mail: awalbuml@comcast.net District: 4 Category: Non-Affitiated 11113/01 263-8833 03123/04 09/02104 09102105 3 Years 1.6 Yrs ,---. This 5 member and 1 alternate member was created by Old. No. 8&-4, re established by Old. 91-93, amended by Ord, 93~15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and l'8View and make recommendations to the Public Vehide Board (SCC) regarding 188U88 related to the motor vehicle for hire business and regarding alleged violationa of Old. 91-93. Menbership consists of no more than 3 members who hold Certificates to Operate a motor vehicle for hire company in Collier County and no fewer than 2 and the remainder of the members are in no way affiliated or associated with any holder of a oertificate. On 12/11/01 Ord. No. 2001-75 8fftending Old. 95-66, Sec. 142-30 (b) stales: The PVAC shafl consist of five members and one .ltem8te member. Not .... than two nor more than three members shall be holders of certiftcates of public convenience and necllnity to openJte a motor vehicle for hire business and not less than two nor more th8n three members shall be individuals who are in no Wf1t/ affiliated or aSlOCiated with any holder of a certificate of public convenience and necessity. Terms are 4 years. FL STAT StIIff: Michelle AmoId, Code Enforcement Director: 403-2413 ThUTSthJy, September 30, 2004 Page 2 0/2 Agenda Item No. 9E November 16,2004 Page 6 of 9 MEMORANDUM DATE: October 25,2004 TO: Elections Office r2. Sue Filson, Executive Manage?:3 ~ Board of County Commissioners FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also. please list the commission district in which each applicant resides. PUBLIC VEIDCLE ADVISORY COMMITTEE COMMISSION DISTRICT Richard David Pickett 3025 48th Terrace, S.W. Naples, FL 34116 jeS Ie') ~ Reg Buxton 11806 Quail Village Way Naples, FL 341 19 j Thank. you for your help. .~~ 'f~~ "....... r"~"" ; .....:-- r-, ; . ~ ~.. -\.... ~ MEMORANDUM Agenda Item No. 9E November 16, 2004 Page 7 of 9 DATE: October 25,2004 TO: FROM: Michelle Arnold, Code Enforced1Director Sue Filson, Executive Manag I Board of County Comml~ ' RE: Public Vehicle Advisory Committee As you lmow, 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: Reg Buxton 11806 Quail Village Way Naples, FL 34119 . ' Richard David Pickett 3025 4SIh Terrace, S.W. Naples, FL 34116 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the appticants in areas of eIpertile. If you have any questions, please call me at 774-S097. Thank you for your attention to this matter. SF Attachmertts ~. ~ '(~. '.~\~ ~ . 7, ~W '> I if: '. - . ... r' '. Board of County COInmissionel's 33tH Eftst T~mhuni Tnlil N:lpJes. FL 3~ IlZ (239) 77~-Rfl97 Fn~; {:!39) -::' -I-3f1U2 Agenda Item No. 9E ~!'Wm~r.6, 2004 t-, f. C: . -- Page 8 of 9 t", ~'Dn~ BOir;',.'. ",;' '..',., :Iv "",' ~~" ")(ler~ Application for Advisory Committces/Bo::lrds MaIM: _ ..... s... ~G3'71 "'~1l_ QaII VIIIp Way, ~ eadeM1lt Pas No. 5142311 ......... PIIioae: 5'721151 .... ...._......ruI(IIwtIur.cMl l." . PIMe fl6 ...-,..t Nordt N............... -.. or (:''1-...... AppIIe' for Pmate Vtllddl Aih...,- ~--- Cafepry (If ~) CitiBIlIt...... ~1 .' ~.. r . "............ 1"V._flll..J-r~~."""''' Bow .... ....... )'VII ... .. Coller ContJ: Years 11 ...... 7 An 10118 ~Ired ftter.. Coller eo.atJ: y-_x.- No Do,. ........,.............., y- NoX If.. wMt It.....m.? ....,.. enr __ eo....kad 01..,.... ........, die Law' Yes No X If,.. espIIIa: De,. ......... or ..... JaIl ........... _. CeIIIr CeIIId.J'...... . ...~ Y. X file u. p'-1IIt~ ..~.~ .... CeIIIr c.ue;, CIiIIIIIu Cerp ...... BIt,..,. c a .-..,. .... (dffc cIIdIII, .e..........IIIIOCIatiDIII,.. aM .....,...1MId: 1-6.. "i~ ~..,I.d ",~"",-,Ct .....,a..-'-'alO' Nt .......un....... ~ ....,-IW.-l.l.., CIIa......orC...-Il........~.. &.oI~_A.waN (....) U..... W.,........ reriew ., W........ ~1fMIt r....,..... to CeIIer CGat7 SeIMMII......,............... y.... ..... ,.... er- _ LcwJreeiIt'" ~., ...., .1'1.... or... AIrport, AJIIIal NoI6ltapa...... B.r"'~ ~ DrIft . . ~~ BA' MBA LaMie.a: ..bllllIer NortIl NapIeI"""" (~ DIndIW or.......... CarilJbeea ydt Owaen ~.... AdYIIer Ie G......... J'arIy U.......... VIIP IIIadI tT--> A......... .... r rT""-'" So... NIea...... AdvIIer CD. MajIItJ m.a or........ (aDftat) MvIIorteC,a.w Twra ~ of...... AdftIor ..Pl.....t T..... .,.1JIIr.,....... (.......t) _Vile ......... .......... ......... Agenda Item No. 9E November 16, 2004 Page 9 of 9 ftlson_s _ From: advisoryboardsGcol/iergoY.net Sent: Monday, October 18, 2004 2:58 PM To: filson_s Cc: RegulaJason Subject: New On-Une Advisory Board Application Subn'itted. ~9*~ Board of County Commissioners 3301 East Tamiami T~U Naples, FL 34112 Tel: (239) 774-3802 Fax: (239) 774-3802 ....t~1 t" ..""" '; - , . . ..... 1(41/ October 18,2004 Application for Advisory Committees I Boards N8me: Rlc:hIIrd David Pickett Hame Phone: 239-732-7194 Home Address: 3025 48lh lef1'llC8 8W City: naples lJpCode: 34116 - Fax Number: 239-417-8512 ......... Phone: 239-417-8511 EmIl Address: tazmanlac:621Oeerthllnk.net 80Md I CanwniItee ApplIed lor: P\dc Vehicle Adv*lry Conmll* c.tegory: (If .ppIiceb>>) No InformetIon provided. Are you . NIl...... YOter In Collar County? Y.. Do you currently hold public otIIce? No Do you now ..., or haw you -.cI on . Coller County board or No ~nmll".? PIHM list your community ac:tIvIties: Boy Scouts of America, A8eielant C~ Muar BSA Sgt. Me'" 81 Arms tor FIIIg Retirement EcIucMion: HIgh School Unelverelty 01 Sacramento C.lfomla, Hyd,.u1ic EngIneertng SWFOCA . Galnsevllle, Vllaler Plant opel'lllon WQA w.ter quality lIS8UI1IfICII BChooI Thompeon College , Air Conditioning - Experience I BacIl:ground: None in vehicle acMlOry, 20 years In malntenance.8 in health care. 9 years In water plant operation total of 9 years In hazaRloua mater1als. Now train aU employees In VWrk and Fire sallty and am Safely commfttee Chairman at wor1t 10/18/2004 Agenda Item No. 9F November 16, 2004 Page 1 of 31 MEMORANDUM DATE: November 8, 2004 TO: Jim Mudd, County Manager FROM: Fred W. Coyle, Commissioner District 4 SUBJECT: Compo Plan Amendment CP-2002-02 Basik Development Company ---. I would like to submit the above captioned item for reconsideration to be brought before the Board ofCoWlty Commissioners on Tuesday, November 16,2004. The item was originally disapproved at the October 26, 2004 Board of County Commissioners Meeting. Should you have any questions, please feel free to contact me. Fred W. Coyle, Vice Chai Commissioner District 4 FWC:pas - the Board of County Cornmissfoners Item Number Item Summary Meeting Date Approved By James V. Mudd Board of County Commissioners Agenda Item No. 9F November 16, 2004 Page 2 of 31 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9F Request for reconsideration of Camp Plan Amendment CP-2002-02 Basik Development Company. (Commissioner Coyle) 11/16/2004900:00 AM County Manager Date County Manager's Office 11/4/20042:54 PM Agenda Item No. 9F November 16, 2004 Page 3 of 31 Memorandum To: Board of County Commi~~ .././ Jam~Cou~~ From: Date: Tuesday, November 3, 2004 Subject: Request to Reconsider Compo Plan Amendment CP-2002-Q2 Basik Development Corporation On November 2, 2004 the County Manager's office received a request to reconsider the Compo Plan Amendment CP-002-Q2 that was heard and subsequently denied at the October 27,2004 meeting of the Board of County Commissioners. In accordance with the Code of Laws and Ordinances of Collier County, Florida See, 2-42, entitled,. Reconsideration of zoning and comprehensive plan requests,. the petitioner has the right to request a motion of reconsideration. As a member of the Board who voted against the rezoning request, you may move for a reconsideration of the petition at a regular board meeting within 15 days of the request for reconsideration. In order to meet this 15 day deadline you must tell me if you wish to place this item on the agenda for reconsideration prior to the November 16, 2004 BCC meeting. If you should choose to make a motion for reconsideration, the item will be placed on the November 16, 2004 agenda under Section 9 Board of County Commissioners. The Board has the opportunity to then act upon the motion or continue the item until the next meeting. While the motion may also include a date for the item to be reheard, the reconsideration must take place between a 14 - 30 day period after the motion has been adopted, It shoutd be noted that the motion for reconsideration does not allow for the public or the petitioner to address the board. The board however may ask staff and the petitioner for information while considering the merits of the motion. The motion for reconsideration reqUires a majority vote by the Board, if the motion passes and the Comprehensive Plan Amendment request is brought back for reconsideration, all of the requirements regarding public advertisement, public hearing and approval by super majority will apply. I have included a copy of the petitioner's request, as Vllell as the section of the Code of Laws._ and Ordinances of Collier County, Florida Sec. 2-42, entitled,. Reconsideration of zoning and comprehensive plan requests,. indicating the procedures for reconsideration. Please let me know as soon as possible and no later than Tuesday, 9:00 AM, November 16. 2004, if you wish to pface this item on the agenda. ~SIK ~EVELOPMENT Agenda Item No. 9F November 16, 2004 P3flCl 4 of ~1 1 .::>cc .,,' ,- ~ .' _.~.. -- :,. ,- ,'..;-- 11 - 1. j ." ;/Or ..- November 2, 2004 '..I\J _-? '",,1.11 .'1,.........: c:.....L~"" Mr. James V. Mudd County Manager 3301 Tamiami Trail East Naples, FL 34112 _r .'\., .' ~"".-.,~.~.~_..,_.~.--.. RE: Compo Plan Amendment CP-2002-02 Basik Development Company Dear Mr. Mudd: Regretfully at your meeting of October 27, 2004, the Commissioners voted not to approve the above reference petition, Under County rules, we understand as the county administrator you can ask that the petition be reconsidered. We respectfully ask that you initiate a motion to reconsider within the time frame required by the regulations pertaining to reconsideration of actions taken by the Board at a duly constituted meeting. Are reasons are as follows: Our former representative exercised poor judgment when he revised the TDR commitment we had agreed to make when the BCC agreed to transmit the petition. We would like to restate that we agree to abide by the original requirement to acquire four TDR'S and donate them to Collier County. We understand that nearby residents have some negative feelings about what they perceived to be promises that were once made relative to another project we client also own, but which is unrelated to the current petition. As describe in the attached package, we, along with the county manager, assistance county attorney, and members of the staff, have attempted to resolve matters with Mr, Rodinsky to no avail. Nevertheless, we will commit to constructing a prefabricated, opaque concrete fence (post system wi panels) along the property line separating the lots fronting Trinity Place from the Basiks' property, provided that each property owner along the property agrees in writing to the vacate their "right-to-use" any portion of the 30' easement on the Basiles' property, Any adjacent property owner unwilling to sign will simply receive a hedge for a buffer. In this manner, the residents on the west side of Trinity Place will forever be buffered from land use activities that may take place on our property, The concrete fence will be six (6) feet in height (a property owner wishing to increase the height may pay the difference in cost) with a landscape buffer solely on the Basiks' property. The concrete fence will extend a distance of approximately 2,400 linear feet north of the north limit of the property that is the subject of our petition, This concession is well above the standard buffer requirements in the code between a TIRV site and an adjacent agricultural property. As a side note, as a result of moving the fence to this location (different from the location Mr. Rodinsky agreed upon with the County Manager), it will have a negative effect on our mv Park. C.1Dalsllf~stti8i RVR<<~.dOC 720 Goodlette Road, Suite 305 · Naples, Florida 34102 · Ph. 239.262.3210 Fax, 239.262.8594 Agenda Item No. 9F November 16, 2004 Page 5 of 31 We agree to purchase the TDRs and construct the wall as described as a condition of any subsequent rezoning of the land contained within the above described petition in which no construction would be allowed until-the wall is built. Finally, we would like to reiterate that both your professional staff and the CCPC have recommended approval of this petition, These approvals are good indications that our petition has valid land-use planning. We hope you will give us an opportunity to rectify our misreading of what were the concerns of members of the Board. Also, please contact me with any questions you may have concerning the attached package. C.'i>iiI.\I"CU$mlll FlV FMl.e/l1JtlO/Aodd.doc ~SIK . ~EVELOPMENT Agenda Item No. 9F November 16, 2004 Paqe 6 of 31 r- November 2, 2004 Dear Mr, Mudd: The intent of this package is two fold: first, to give the commissioners a better understand of the area surrounding our Naples Big Cypress property located on U.S. 41 South; and second, to give the commissioners some background on both the property's ownership and easement history. On numerous occasions a disgruntled adjacent property owner by the name of Mr. Paul Rodinsky has presented our Naples Big Cypress project in less than a favorable light. It is our opinion that our firm, Basik Development, is not only constructing a project that has enhanced the surrounding area but also has attempted on several occasions, along with county staff, to work with Mr. Rodinsky on his concerns with no success. Pictures The enclosed pictures show both the aesthetic benefits of the buildings that we have constructed as well as various eye sores and code violations on the adjacent properties, includmg Mr. Rodinsky's own property. Despite their own obvious disregard to adhering local laws, we have never filed complaints against our neighbors. The intent of these pictures is not to get them in trouble but simply to give the commissioners another perspective on the issue at hand, and to show that, in relative terms, we have been very good neighbors. History '1"" It is important to note that the property for the subject comprehensive plan petition is NOT the subject of Mr. Rodinsky's fence/easement complaints, but rather an adjacent parcel ofland which we own that is currently zoned C4/C5, Industrial and TTRV. My father purchased this portion of the existing acreage in 1976. He rezoned the property in the early 1980's to its current zoning, During the later 80s and early 90s, he attempted to develop the property, but, due to fmancial difficulty, he lost control of the property in the early-to-mid1990s. 1~~ In 1999, my brother Jeff and I repurchased all the property, as well as the subject property of this petition (10-acres of Agriculture). Mr. Rodinsky has stated that my father has "attempted to change the properties from one use to another" and he (Mr. Rodinsky) does not know what is going on behind him. The fact is that the zoning has never changed since the original rezoning, and my father has not owned the property since 1994. My father's inability to complete the initial project was a matter of finances and not out of a desire to frustrate his neighbors. . ,~" ',: Easement I became aware of the easement issue roughly two years after my brother and I purchased the property and began developing the site. The 60' easement (30' on each side of the adjoining property line) was created by Western Growth Inc., in 1967. It was standard practice in those days to have an easement riding along the section line. Our property line is along Sections 17 and 18. :;~\~ ',. 720 Goodlette Road, Suite 305 . Naples, Florida 34102 · Ph. 239.262.3210 Fax, 239,262.8594 Agenda Item No. 9F November 16, 2004 Page 7 of 31 The Rodinskys claimed that an 8-foot wall was promised to him at a meeting in 1990 with my father, Although I consider myself a new owner and the arrangement was part of an SMP that had long since expired, I felt somewhat obligated to research the matter, Once I looked into it, I sent the Rodinsky's my findings (that a 6' chain-link fence was agreed upon), which were contrary to their assertions, and I asked for their assistance to clarify the matter (See Exhibit 2). I received no response, Due to continuing complaints by Mr. Rodinsky to county staff, a meeting was set up with the county manager, the county attorney, county staff, Mr, Rodinsky and myself in April of 2003. At the meeting, an agreement was reached by all parties. I had our attorney forward a letter to Mr. Rodinsky as well as all of the adjacent property owners (See Exhibit 3). A month later, Mr. Rodinsky notified me that despite our previously negotiated agreement, he was not going to sign the document. I suggested that he contact my attorney to discuss any questions on the agreement but he refused, The bottom line is that we have tried to work with Mr. Rodinsky through the county manager and staff but have found him extremely difficult to work with. Please feel free to contact the Stan Chreznowski and Jim Mudd for more details regarding our meetings. Despite some of the disparaging remarks made by Mr. Rodinsky, we believe that we are building a quality project that will enhance the surrounding area. We have prided ourselves on acting in a honest, fair and professional manner in all aspects of our business dealings. We apologized that the BeC has to take up its valuable time with matters of this nature; however, we feel as it was necessary for us to provide this information to help set the records straight. ,~ Keith Basik '~ ~\~~ Agenda Item No. 9F November 16, 2004 " .' t: ..~. r :<<. ';?~, ::~ {" :i:t: :#. .J ] ;t "t ~ .,j f . ?$ .: ";:r t ~.y~' Close up of Existing Buildings Oil Ploperty Prqiecl \ '~''>' ihml ailiacem property OWr!(:fS .. TiK buildings have ht'cr helpf111 in rducing jhe s}ghts a.nd s~)unds (~rtht~ f(:;rl(:rct~~ pL~nL _.L.~. ,- ,. ,,~ ~;,::;: Agenda Item No. 9F November 16, 2004 Page 10 of 11 Mr. Rodinskys' Property - The picture show!; a slructur(' {not thei r horne) and other items along the property line, This questionably, permitted 5tHKlure {,.: appru:<lmately 100 yards in back Llf their borne t ~ ,~ ;~(\(;~~~ll~ll':;i ;~~.~~:t~:~ !'l!~>...:~l;;~~:~;:~~~);:.:'(~n~::;~::"~.\,~~l;~'::1~.~: 1':~'1~1~1l~{~:;: i:';~;l(:~, ll~~l~ (0 i~~:~:l~t 'i;l~.:~:~c ()(j(j . i\isu. ~.nt.J v..:i!! nnt.l(:(." addhinn~d dchTl~ (~n dv..:~ 6Cf' easernenL " . .,;:} !!tw.~ I: 1l!il'1l!11 . !:.'~M .~~:~~~~~~Htm~$1ll;mtt0nMJJniW01%1n,;m1!t*;rmm:@wn!tfii%i.'. :.,vU'.mNt,....!..... Agenda Item No. 9F November 16, 2004 Page 11 of 31 "i V1C\\ :l.:-ro,s our lake imc \lr R(,dinsky'" prorwny. He has c(mlinua!i: ~tat....d that C'tIr property ''''1'15 "m eycsol'~' imd hilS ai'L'ct('d his ,iev..) -., , tI:;!..rrn . ~~J_!_t1HI".Wi\l~!!Wit~i..~m#t1'B,*.fJill~Wilm~\tlilril;!li.ils0gj:Q1it;;t:j;r;2Iii:'.! : :':';;:i~;::.~:.;;;'~::; ~':." ,',:::i . " ,:",:,;~:::::-;:;_~::;"", .. :.;; : '.~""' '_'_ , ~. Agend'altem No. 9F November 16, 2004 Page 13of31 An :'ldFh:(;nt Prl';Krty ()wnc-r ..' This picrun:.s is of;1 pIt h~,jng dug and refdhe'd with offsi1(,' debris Agenda Item No. 9F ( &J tnurn.'\" a1h!trnern Dt<r acr~ An i\d,i,acC[u Pr")."."i~'"t\,' OV,,:no,I' ,,," 'f'l.'j"', l'~,' "')""~ "'('"f'!i)t', ""i'i'l""" ji"','''ro"j' V,ij}'+ -"';<""d'~ t!'l': ~ . ,,',\..- 11 ~ ;.~~~")l u. t..,~.-, f..,.. \... .I. .........^~'_.":'..'._\o.,....., '1'1 .......j \.,.,\........'" .- .... ~ ~ .. r". i. ) .J: /\n.-\djacenl Pmpef'!} Owner ... ;\ Picture u:. an agricultural site beinF~ us~d as H trucking cmnpar:y ('{ Si.h:1l. ;\dditiomdl'. there arc (1 mnnher of abandoo<:d \ehick:~, and debris In lht pro pen :. Agenda Item No. 9F ~~ ""- _-t':' . ~,l_.c d. c. '. ;:''li.{.::-'' '..r .. ....-I' '." \'\ [l~t,c:;.\; .~~1.\ J~' . ~~: ~t r '.'~'; . , , ,,,f.( An Adjacent Pmpe:1y Owner (West Side) - Debris along a road easement on the west side of the pro perl'} -/TeA? r/." ~~~ELOPMENT ftT,M',c",,,,,, ~",.,....r~ Agenda Item No. 9F November 16 2004 Page 18 of 31 ;- ''"'7'Z' Dear Patricia: I appreciate you taking the time to discuss the easement and fencing issue to me. As requested, I have attached the letter from the Patrick White, Assistant County Attorney, regarding the easement rights, We had thought your husband received a copy of this from the county when it was written. With regards to the fencing agreement, I spent a little time reviewing old documents over the weekend to get an understanding as to what was agreed upon by my father and the county, The only agreement I could find was Resolution 90-339, which was accepted by the Collier County Commissioners in 1990 (See Attachment), This agreement referred to a 6' foot-high chain link fence with plastic stripping. I was not able to find any agreement referring to an 8 foot-high wall as you mentioned on the phone. If you can, please send me any information that you think might be helpful. Also, if you have time, give me a couple of options as to how you see handling this issue. I can be reached at 262-3210 (0) or 262-8594 (fax). ~.~,A .~.'_' /./ ~-... ..' ~ ,/ ..... .......Kei asik Presi 720 Goodlette Road. Suite 305 . Naples, Florida 34102 . Ph. 239.262.3210 Fax. 239.262.8594 ::,~, (!) COLUER COUNTY Agenda Item No. 9F Novenlber16, 2004 Page 19 of 31 DAVID C. WEIGEL COWER COUNTY ATTORNEY September 6, 2002 Heidi F. Ashton Ellen T. Chadwell Ramiro Maiiolich William E. Mountford Thomas C. Palmar Michael W, Pettit Mami M. Scuderi Marjorie M. Student Patrick G. White Robert N. Zachary 3301 Tomiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Emoil: attorney@naples.net Mr. Keith Basik Mr. Jeff Basik 720 Goodlette Road Suite 305 Naples, Florida 34102 Re: Naples Big Cypress Dear. Messrs. Basik: Please be advised that pursuant to your attorney's request, I have reviewed the portion of the Warranty Deed recorded in Official Records Book 244, Page 683, of the Public Records of Collier County, Florida pertaining to an access easement (the a Easement"). Based solely upon that review I have concluded that pursuant to the terms of the Easement, a private improved roadway may be constructed in the Easement area. The Easement does not prohibit centering the roadway within the Easement area. Further, the terms of the Easement appear to permit utility and drainage lines to be placed within the Easement area, subject to any applicable permitting requirements, The issue of whether the remaining Easement area could be used for landscaping, fencing and buffering is also subject to applicable regulations which staff has not yet requested assistance to determine. ".-',.,'.< The foregoing is not intended as an opinion. of title and should not be considered as legal advice. Please let me know if I may be of any further assistance. ~~~~ Patrick G. White Assistant County Attorney cc: David C. Weigel, County Attorney PGWIPGWLetterslBasik-Naples Big Cypress EZM _7 " .w~ ~ ':) o....,opm.nt Services Dep.rtm.nt CommunUy OIlY.lop",."t OIYllllon I Collier Cou.ty Government 2800 Horth Horseshoe Drl"e I Haples. Fl3394:z.&917 Phone: 813 1643-8.00 . June 29, 1990 .. Mr. Gary Butler Butler Engineering 1645 Colonial' Boulevard Fort Myers I F1 33907 REFERENCE: SMP-90-13 Dear Mr. Butler: ... On Tuesday I JUne 19 I 1990, the Board of County Commissioners heard and ~pprovedtS~90:i1~ San Marco Park. A copy of the Resolution is enclosed approving this subdivision master plan. If you have any questions, please do not hesitate to contact me. Sincerely, -=n-i4 w. ~-td Don ald W. Arnold Senior planner DWA/md cc: Larry Basik 548 Spinnaker Dr. Marco Island, Fl 33937 Greg Robertson File SMP-90-13 Enclosure . $_-....... lit. ~ ,.,.... ."11'..... Agenda Item No: 9F November 16, 2004 Page 20 of 31 ( \ (i) . '.,' --- ,'. :.'j .~;; Agenda Item No. 9F November 16, 2004 Page 21 of 31 AGREEMENT I, Gary ~utler of Butler Engineering, Inc., as authorized agent for Petition SMP-90-13, agree to the stipulations requested by the -Collier county commission in their public hearing on June 7, 1990. owner or following Planning PLANN~NG SERVICES: !~a;~ A six (6) foot high chain link fence with opaque aluminum or plastic stripping and a five (5') foot wide external vegetativ. screening shall be constructed and maintained along the project's entire eastern boundary, to provide buffering' between the site and adjacent single family homes. ,~b:. A five (5') foot wide vegetative buffer shall be planted and maintained along the entire length of the TTRVC tract's western boundary to serve as a buffer between the RV 'lots and the industrial parcels. WATER MANAGEME~ AND ENGINEERING: a. Detailed paving, grading, site drai~age and utility- plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval .of the proposed construction in accordance with the submitted plans is granted by Project Review services. b. In . accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E4 and 40E-40, this projec~ shall be designed for a storm event of 3-day duration and 25-year return frequency. Design and construction cf all improvements shall be subject to compliance with the appropriate provisions of the Collier Gounty SubQivision Regulations. c. d. A new excavation permit will be required to complete the excavation of the lakes. The lakes shall be brought into full compliance with ordinance No. 88-26 in terms of setback, side slope and depth requirements. If DER permits are needed to work in the existing lake, they shall be obtained prior to issuance bf the county Excavation permit_ e. A twenty (20) foot wide strip of land along the entire lake frontage shall be dedicated for use as a maintenance easement for maintenance purposes. Exhibit "B" Agenda Item No. 9F November 16, 2004 Page 22 of 31 UTILITIES: a. Connection 'to the existing water and sewer facilities within Basik Drive right-of-way is required and must be completely illustrated on the final site plan and supporting engineering construction drawings as to location, configuration and size. The water meter size and location must be shown. b. Verification of sewage treatment capacity pursuant to ordinance No. 80-112 to service this project is required and must accompany the final site plan. ENVIRONHEHTAL: a. Petitioner shall comply with the Tree Clearing' Ordinance No. 75-21 and Exotic Removal Ordinance No. 89-53. b. Petitioner shall comply with Ordinance 82-2 as amended by Ordinance 89-57 (use of native species in landscaping). PETI io:'li.\ /{.-f. ,~ REPRESENTATIVE FOR cepe ',. I r :"1 i r 1 I..} , ) 'l SWORN TO AND SUBSCRIBED BEFORE HE THIS ~~t:t DAY OF -%~ , 1990. , ~ ~~ {c:. ~~ NOTARY .. SEAL' lIOUll't "lUll SfAf[ Of' rtOlIOA "' COlllllSSIO!l iJ', an U ,1991 IDlIDlD ,..... Gtlltllll IllS. 1110. HY COMMISSION EXPIRES: - ;::' SMP-90-1J AGREEMENT SHEET Agenda Item No. 9F November 16, 2004 Page 23 of 31 ,.JPLICATION DATE 1/14/93 PERMIT NUMBER 930000629 OWNER- BASIK, LARRY 548 SPINNAKER DRIVE NAPLES FL 339370000 eONTRACTOR- MISe OWNER/BUILDER 000000000 PROJECT NAME-FENCE SEE ATT. RESOLUTION 90-339 JOB ADDRESS- 15667 TAMIAMI TRAIL E GEN LOCATION-ROYAL FAKAPALM CREEK SUBDIVISION-EAST NAPLES SECTION-18 TWP-51 RANGE-27 MAP/AREA- LEGAL FOLIO #- 00763520005 TRACT-OOO BLK- LOT/PARCEL- UNIT- .'ERMIT TYPE- FENCES COST OF CONSTRUCTION- $2,000 APPROVA~ DATE- 1/14/93 CONTACT PERSON-LARRY CONTACT PHONE #- 394-9315 SAN MARCO PARK I'ne above application has been examined and is hereby approved subject to the payment of S . 7";;. ()O , u ~~ided by the Collier County ~ Code and Ordinances. . ",,:ymentJlec:eivedby: ~ Date laued: / I /1' I~ Jlec:eiptNo. //J '-I7i7.t:.. ? Ii ill wolk under the approved building permit shall comply with an applicable laws. codeI. ordinances and additional stipllatiODl . .dJor Conditions of Permit The approved permit expires if walk authorized is DOt commeaced within six (15) months from daCe '4 issue. The pennit fee will be doubled, plus a maximum daily penalty of $500.00 if wort is stilted witbout an approved permit ['he permittee fwtherunderstands tbatonly licensed contractOrs may be employed and tbattbestrudUJ'e shall not he used oroccttmed d1 a Certitlca1e of Occupancy is issued. SipWUl'e of Contrac:tPr NOTICE: In Iddltion to the l'CqWn:mentl of tbiI tbIn may be Iddidaall reIIrlaionl app1icabJe ID tbia property _may be fouDd in me public reccrdlofdUlCOlllUy, IDd dlerelDllY betwlltilkNl permillrequiredfmm orber governmental entities such u water ~t dillrictl, ... ..,.c'et. at f'edial ~ a. 2> I . Cl.aaaDII' ., . ~ RDlIIIl . ~ AppniPr . Lobby P!la WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT~HYOURLENDERORANATTORNEYBEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. /1 ;::> ~,~ rf': ,J " ~ 7'./l ~ ~ /J ,n'7 ( ','I.,.. /-< ~ c.;.... /?CC. Agenda Item No. 9F November 16, 2004 Page 24 of 31 June 1 g, 1 gva ,- Pat ftodlnaky. a ho..owner In the ar.., ..id that the Trinity Plac. homeowner. .re in full .gr....nt with the Planning Ca..l..ion'. .tlpu- lation tor. e toot wall. She pointed out that 1.. recreation vehicl.. w111 b. enterIng and .xiting along the road bardering the peri..ter adjacent to the eingle t..ily ho... .re., th.re will b. h..dlight. .nd other llghting .t night and a narrow vegetative border w111 give no pr~tect10n ag.1n.t debria, doge, nol.. and pl.ying children. She noted that there w111 b. no aheritt patrol protection tor that privata road and there .ay b. _o.e Rola. and debri_ proble.. troa the Induatr1al and co...rcial coaponenta. Qo..ia.loner H.... aaked her It a wooden e toot hlgb fane. or a c:halnl1nlit t.nce wHh v.qatat1en .Ul help and M.. Rod1naky .ald that w111 be helpful. O~iaalonar S.under. auageatad a ohalnllnk fence wIth green alu- .inu. strip. w1th a G toot butt.r ot vegetatlon on the hoa.owner. alda at the tence with a requlrw.ent that the developer ..lntaln. the tenc. and vevetation and Ma. aodinaky ..id thwt wl11 be aaceptabl.. . Co..l..loner Swundera added that tbe rence haa to be elx f..t above the crown at the road .. well. Co..ie.1anar Saund.rw qu.stioned Mr. "slk 1t there 1. a r..t In which to put . veQet.t1~e butter, and Mr. ...lk .a~d h. waa not cert.ln that it had been di.cua.ed with Mr. ftodlnaky 1n the pe.t. and a tence had b.en dlacu...d. but it Maa lntended only tor along the Rodlneky'. prop.rty. K. ..1d whlle h. wa. out or town. the require.ent w.. added tor a wall the whole length ot the property. although bI. dlacuaalon. with tha Radin.ky'. were tor a e toot cedar rane. to give their pro- perty privacy troe the RV park. CO_io.loner Volpe ..id the chainlin. tence .hculd :r"..1n the length (l{ll}~)l .:';.~-:.~.:r...' .-: :;-~~ :~.:,~::~~~~:,;.itl{~;~'.:~.L.~~,~f;:",.,. ".' . ',' - .. 1:' JUDe la, 1910 ot the ....1k pl"QlMrty to pravlca ..cnarit:y far a1:l. the ba.-own._ on ~r1n1t:y Pl.~.. Mr. "a1k agreed that 1. accaptable. The_ _ra no other apeu-rw. ~ .-.1-. ---k"'lll ~. _1111 11 II ~ , 1_1_ .a I IR1pi: ... .....-ieA --t ..AI.,. to al... tM "'11. Malr_. U I-t_ ---..-- ~. ... T' .I ~ o-i.ej._ ...lIa.1gbt ... -.... aJo. tMt ....111t1_ Wo. M-4:se ~ ..t1t1_ , ~'''. _ .. ,. ... .k".. .1~ .Upa.lati... tMt . . t.ot 1l1.. IU ..... --taJi8a '- ... lDI'tall_ fer ~ l~ of tM _twara . .. liMo ..tIl a. ~ ~aU_ Mlftw.. _~ tM ~U'1a1 Md.. ... u.. ....... ... tbat . al__lk 1M ...'tZ'WI~ lIllj__t '- tM I.. twet .... ..... ...... that tbe petit1..... _J..atu.. tM '-1-. ... ..... . Agenda Item No. 9F November 16, 2004 Page 26 of 31 ;-- BASIK DEJ.'ELOP1',JENT 720 Goodlene Road, Suite 305 Naples, FL 34] 02 "'~9 "6'" ""'")]() _.J -_ ....-.J..:.. April 22, 2003 ?CA' t!J'1"''' C ,.... ~.. ,/ /f:.. a.Je J Q.,. J .J he.. .f r: a..AArr""'7 0.;-, / .( Mr. & Mrs. Paul Rodinsk:y 11231 Trinity Place Naples, FL 34114 C / ;n c:::.~c.tj C. r D_.... 7 . c,/ '" ~,. J JIYl,r., /l,,~:.. r/7.(!" ,..,.... L~)7. ""'"r.. /P:~~ /... ~ r ~e r:: -' t!. ,./ 7"w ,;r'1 , ~ A;:' .....,... r../ -..J, ~ I Y /' c.... e.. "., ~A~ . Dear Paul and Patricia: As you may know, we are the owners of the property adjacent to yours along the western boundary. We are in the proces~ of developing our property as a recreational vehicle campground. park, a project we are very excited about. We would like to meet with you to share our plans with you and discuss any' ISSues or concerns that you mar. have. One issue that has arisen during our planning process is that of access to our park. We each share the benefit of a 30 feet easement for roadway purposes along our joint property line. It is our intention to improve the easement with a roadway. We have been working with Collier County Staff on this issue and have designed the roadway as part of our site development plan for the park. In conjunction with our COnstruction of a roadway over the easement area, we would also like to construct a landscape buffer within the easement area that will block your view of our development and will also reduce any noise that may be generated by roadway traffic. The proposed landscape buffer will contain an earth berm of varying height, topped by a .'.t fence. Trees and other vegetative cover will be planted on either side of the fence within the landscape buffer area. (The landscape buffer will be made up of the east 18 feet of the west 30 feet of the existing 30 foot roadway easement.) However, we cannot construct the proposed landscape buffer within the easement area without your consent. The existing easement provides for ingress and egress and roadway improvements but does not provide for landscaping. As a result, under Florida law, we cannot expand the scope of the easement by adding landscaping unless you agree to execute an additional easement in our favor allowing us to place landscaping within the existing easement area. I would like to stress that we are not asking for an easement over any additional property. but only over property that is already encumbered by the roadway easement. The roadway and the landscape buffer will be paid for exclusively by us and you will not be asked to contribute toward the cost of either. Additionally. we will prepare all the necessary documentation. ,,- '.,'..' ~W." Agenda Item No. 9F November 16, 2004 Page 27 of 31 Page 2 As we stated in the beginning of this letter, we would like to schedule a time to meet with you to share our plans with you and to answer any questions or address any concerns that you may have. We will be contacting you in the next few days to arrange a time to meet. Also, we would like to take this opportunity to advise you that any structures or fences that currently block the easement will need to be removed. If you have constructed such a structure and would like to remove it yourself: please feel free to do so. Otherwise, we will remove the structure when we start construction of the road We hope that we will have an opportunity to meet with you in the near future. We think: that you will be pleasantly surprised by our plans and the proposed landscape buffer we are hoping to build for your benefit. We look forward to speaking with you soon. Very truly yours, This Document Prepared by and after Recording return to: Lisa H, Barnett, Esq. Cheffy Passidomo Wilson &. Johnson, LLP 821 Fifth Avenue South Naples, Florida 34102 (239) 261-9300 Agenda Item No. 9F November 16. 2004 Page 28 of 31 rSoace above this line for recording information 1 EASEMENT AND AGREEMENT This Easement and Agreement, made and executed on , 2003 (the "Effective Date"), by Paul and Patricia Rodinsky (collectively "Grantor") to Jeff Basik, Keith Basik and Basik Development, LLC, a Florida limited liability company, their successors and assigns (collectively "Grantee"). A. Grantor is the owner of certain real property in Collier County, Florida as more particularly described on Exhibit "A" (the "Rodinsky Property") attached hereto and incorporated herein by this reference; and B. Grantee is the owner of certain real property in Collier County, Florida as more particularly described on Exhibit "B" (the "Basik Property") attached hereto and incorporated herein by this reference; and C. The Rodinsky Property is subject to an easement for ingress and egress recorded in Official Records Book 244, Page 683 of the Public Records of Collier County, Florida (the "Roadway Easement"), over which Grantee intends to construct an access road (the "Road") for the benefit of the Basik Property; and D. Grantor and Grantee desire to grant additional easement rights, for landscaping and buffering purposes, over, across and under a portion of the Roadway Easement. Now therefore, for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grantor hereby grants to Grantee an easement (the "Landscape Easement") for landscaping and buffer purposes, over, under and across the real property more particularly described on Exhibit "C" attached hereto and incorporated herein by this reference, for the benefit of the Basik Property. The rights granted herein are in addition to all rights granted under the Roadway Easement. . ~.\ 2. Within 90 days after Grantee commences construction of the Road, Grantee shall construct a 6' buffer wall (the "Buffer Wall'') and landscaping within the Landscape Easement, at Grantee's sole cost and expense. The materials used to construct the Buffer Wall will be either a concrete panel system or Styrofoam or a material of similar quality which does not exceed a price of $40.00 per linear foot. The actual materials used to construct the Wall will be agreed upon by Grantor and Grantee prior to commencement of construction of the Buffer Wall. The landscaping shall be chosen by Grantee, in Grantee's sole discretion. 3. Grantee shall have the right to enter onto Grantee's property for the purpose of construction of the Buffer Wall and Landscaping. 4. Grantee, its successor or assigns, shall maintain all landscaping located on the west side of the 1 Agenda Item No. 9F Buffer Wall. Grantor shall have no maintenance responsibility for the Buffer Wallar for any ~~ri~~~D~~ ~?~~ located on the east side of the Buffer Wall, 5. Grantor and Grantee acknowledge and agree that (i) the Roadway Easement is in full force and effect; (ii) Grantee has the right to improve the Roadway Easement for road purposes; and (Hi) Grantee has the right to install utilities and drainage lines within the Roadway Easement. 6, In any action brought to interpret or enforce the terms of this document, the prevailing party shall be entitled to recover its attorneys fees and costs from the non-prevailing party. 7. Grantor hereby covenants that Grantor is the fee simple owner of the Rodinsky Property and that Grantor has full power and authority to grant the easements contained herein, and fully warrants the title to the same and will defend the same against the lawful claims of all persons whomsoever. 8. Grantor, its successors and assigns, shall not build, construct or place, nor permit others to build, construct or place, any buildings or other structures within the Landscape Easement or the Roadway Easement that may interfere with Grantee's rights hereunder. GRANTOR: Print Name: By: Paul Rodinsky Print Name: Print Name: By: Patricia Rodinsky Print Name: GRANTEE: Print Name: By: Keith Basile, Individually and as Manager of Basik Development, LLC Print Name: Print Name: By: JeffBasik Print Name: STATE OF FLORIDA COUNTY OF COLLIER On this _ day of , 2003, before me personally appeared Paul and Patricia Rodinsky, husband and wife, who are! are not personally known to me and who produced 2 U"l rr Cl ' U"l-- !lJj P- o .J] ....... s $0.60 c...... _.. $2. ~ '~~. ;;;,;':':>:::- : Aolum "_ F.. $1.75 . _, IEndcnemenr Reqo.,na) .., j jio:', ~ ':::':: $ :::: ~~~Jd:i;1 ~ :"~AiX~itf:i;;ff-/kfi-z.g~~-:fp,c7?!.; tJlP08OJrNo '-../' ""V c.;Y:-SiOiO:'iI);;:;..-I-.'-.~7~-+J2..lAl-.L~~...~, ..J:I Cl Cl Cl ~ PS J;orm JatO JI,ll1C 2002 "iee- HCl/(>I'll' 'or rl",'I'J(;llon<o ~. Uc~, Pasfat Set"ice.., . CERTIFfED'MAIL., RECEIPT '~_M!!I(onl.r; NDfnaumlfcii Cblll'nllJ" fTrovld 1 . ..J:I U'\ r-'l U'I' ru ('- e ..J:I LAGRAH6EVILLE NY 125~ _s $tJ.w ."~'.> .<~:;z~o: '." 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Attach this l3'd to 1ha beck of the rriaJ/plece, or on the front . space permits. 1.__10: 2.__ (T..-lIan -lab.., PS Form 3811, Auoust 2001 Agenda Item No. 9F November 16, 2004 Page 31 of 31 0_ ~-." AeceIpl - j ,_'lS4O SENDER CO".,lPL~T~ THIS S~CTIO'! . ~imms1,2.and3.AeoClll\'llll8l8 il8m -4 . Restr1ctlId DeINwy ie deIIlnld. . Print your name end IIddnoss on the _ so that we can f8lIlm 1he card 1c you. . Attach this card Ie the b8cIc of 1f1e maiIpIece, or on the front . apace permlts. 1. __10: A. P. UJ 11.1 iJ () ..J C.d LI i.. /C./ ~ ;)40 MAt2.T,j f<d j"A 0~..5.(I""L.LC./ N.::), f~40 2._ (T.- PS Form 3811. AuglS 2001 A. SIgowbn X 3. s.mc. ~ III ~.... a eq".._ D~ J(-~tcr- a__ Dc.o.o. 4. _~en,. 0_ 7002 2410 0006 6072 5156 1~1MO o..rr- -... Rocolpt SENDER' COMPLETE THIS SECT/or! . Complete itemll 1, 2, and 3. Also compl..... 118m 4 If A_ Delivery ill d_ . Print your name and address on the __ so that we can return the can:lIO you. . Atlach this card to 1he back of the mailpiece, or on 1he front ff spacll permtts. \. ~ Acldreaed to: ~y;; 41 fl . 6d~'l..o CA ~e r .:::fOR. I AlA l:. ~<;sei'"l~ \ II).. is" I~IJI'-r~ (Jr.~ ~""'f l...e.5 ) FL 3'7 (J ~ 2. SENDER Cor.1PLHF THIS <;/OCT/ON . Complete rtem. " 2, and 3. Also COl'I1!''-Ie rtem 4 rt Resl1ictect Oetivery IS desired, . Print 'fOur name and address on the revanl8 so that we can I1!Ium tile card to you. . Attach lhls eft to 1ha back 01 the mallpioce, or on me Iront rt space ptIm1Its. ,. Artic19_'o: J-..:!.A I>ZOI-.. D C44. /." S 0 ~ " 7 I L./ {j t11 D.eA 1lJ9.... J) BDNI r.... .5ft4.';'7 (=:"{... 34(3';- A. Slgn8Ilft x~ Ovoo OMo 3. _1'ype JliI'certIlled Moil 0 ~ - D ~ Rl- FIeooIptlor__ D 1_ MIIii D C.OD. 4. _ 0elIvwy11E<1n1 FellI D ..... A. SlgnIlUrl _ ~ ~.-;:~ .) 'llI"Rooetv.d by ( _..0 NMteI D Aoont D_ C. []at. 01 CoM..., D. Isd~_d1_"""'-'l1 D..... If YES, .."., aehwy __ _ ;litHo 3. Ser>lce 1'ype llII Corttflod Moil 0 Exprea MaU D ~ ~ReIum_ptror__ D 1_ Mall 0 C.O.D. .. -- o.IlYety1 rE>tnI FellI D '!lis 7002 2410 0006 6072 5132 . PS Form 3811, Auguat 2001 IJomatic R...... Recoi1:>' ..; '~1540 Agenda Item No. 10A November 16, 2004 Page 1 of 15 .,-'" EXECUTIVE SUMMARY Recommendation to adopt a Resolution authorizing the acquisition by condemnation of non- exclusive, perpetual utility and access easements 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, at an estimated cost not to exceed $292,600, Project 700751. OBJECTIVE: To adopt a Resolution authorizing to acquire by condemnation those non- exclusive, perpetual utility and access easements 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 proximity to Wells RO 12N through RO 15N (hereinafter referred to as the "Project"), CONSIDERATIONS: On February 26, 2002, Agenda Item 1OJ, the Board approved and awarded a contract for the design and construction of additional reverse osmosis raw water supply wells (Wells RO 12N through RO 15N) for the North County Regional Water Treatment Plant (NCRWTP), This 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 11,2001, Agenda Item 16C10. -, Prior to Board approval of the Project, alternate locations, environmental factors, long-range planning, cost variables, concurrence, and safety and welfare considerations had been reviewed as they related to the construction of the Project, and staff had determined and recommended that it was necessary and in the best interest of Collier County to construct the transmission mains and related underground utilities associated with the additional wells within the SFWMD drainage easement along the Cypress Canal, that being the most feasible location, Consequently, following approval and with the permission of SFWMD, the transmission mains and related underground utilities were installed within the SFWMD drainage easement at those locations identified on Exhibit "A" of the attached Resolution, and as shown on the attached Location Map. At the time that the transmission mains and related underground utilities were installed, it was believed that the only permission required was that of SFWMD, which had been obtained. However, it has since been determined that, in addition to the permission of SFWMD to utilize its drainage easement, it is necessary to recognize and accommodate the property rights of the fee owners of the properties underlying the SFWMD drainage easement area. Therefore, it is necessary to acquire Utility and Access easements within those areas where the transmission mains and related underground utilities have been installed, as shown on Exhibit "A" of the attached Resolution, On June 22,2004, Agenda Item l6C2, the Board approved a resolution authorizing staff to acquire by gift or purchase the necessary easement rights and interests required for this Project. Thus far, staff has been unable to secure all of the required parcels through negotiations, so in order to meet the Project's acquisition completion date of June 30, 2005, staff is requesting permission to initiate condemnation proceedings at this time. ,,<"-'" Agenda Item No. 10A November 16, 2004 Page 2 of 15 EXECUTIVE SUMMARY Resolution for Condemnation - North Hawthorn Wellfield Transmission Mains Page 2 The proposed acquisition is consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as Agenda Item IO(A). FISCAL IMP ACT: Total acquisition cost is estimated at $292,600 and includes all land, improvements, appraisal fees, title policies, staff overhead, and miscellaneous expenses associated with the acquisition of the necessary utility easements, including attorney fees and expert witness costs incurred by the property owners which the condemning authority is required to pay under the provisions of Chapter 73, Florida Statutes. Funds in the amount of $292,600 are available in the FY 05 budget for this action in Project 700751, North Well field Improvement. The FY 05 budget was approved by the Board on September 23, 2004, 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, RECOMMENDATION: That the Board of County Commissioners: 1. Having reviewed, at the inception of the Project, alternate locations, environmental factors, long-range planning, cost variables, concurrence, and safety and welfare considerations, as they related to the construction of the Project, find that the most feasible location for the utility improvements previously constructed to complete the Project is as shown on Exhibit "A" of the attached Resolution; and 2. Adopt the attached Resolution authorizing the acquisition by condemnation of non- exclusive, perpetual utility and access easements, as required for the maintenance and improvement of the transmission mains and related underground utilities previously constructed to complete the Project; and 3. Authorize the Chairman to execute the attached Resolution; and 4, Approve any and all necessary budget amendments. PREPARED BY: Hans Russell, Senior Property Acquisition Specialist Real Estate Services / Facilities Management Department ,,- Page 1 of2 Agenda Item No.1 OA November 16, 2004 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10A Meeting Date Recommendation to adopt a Resolution authorizing the acquisition by condemnation of non-exclusive, perpetual Lltillty and access easements for the maintenance and improvement of the existing North Hawthorn Wellfield Water Supply Transmission Maills along tile Cypress Canal In proximity to Wells RO 12N through RO 15N, at an estimated cost not to exceed $292,600, Project 700751 (Jim DeLony, Administrator. Public Utilities) 11/16/2004900:00 AM Prepared By Date Hans Russell Senior Property Acquisition Specialist 10/26/20044:17:02 PM Administrative Services Facilities Management Approved By Charles E. Carrington, Jr., SRfWA Real Estate Services Manager Date Administrative Services Facilities Management 10127120047:47 AM Approved By Karl W. Boyer, P.E. Principal Project Manager Date Public Utilities Public Utilities Engineering 10127/20049:11 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 101271200412:52 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 10128120048:26 AM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 10128/20048:55 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1012812004 1 :48 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 10128/20044:23 PM Appro\'ed By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1112/20041:14 PM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 111212004 1 :16 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 111312004 11 :38 AM Approved By file://C:\CollierllIo20County\3-May%201 I ,%202004%20Export%20Directory\\ 0.%20CQU... 11/9/2004 Page 2 of2 Agenda Item No. 10A November 16, 2004 Page 4 of 15 Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 11/3120043:55 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/5/2004 9:30 AM Approved By James V. Mudd County Manager Date Board of County Comtnissioners County Manager's Office 11/5/20042:27 PM file:IIC:\Collier%20County\3-May%20 11 ,%202004%20Export%20Directory\1 0.%20CQU... 11/9/2004 Agenda Item No. 10A November 16, 2004 Page 5 of 15 RESOLUTION NO. 2004-.__ RESOl.UTlON NO. CWS.2004. _ A RESOLlJTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION FOR PURCHASE OF NON-EXCLUSIVE. PERPETUAL urn.ITY AND ACCESS INTERESTS BY EASEMENT FOR THE MAIN'IT.INANCE AND IMPROVEMENT OF THE EXISTING NORTH HAWTHORN WELLFlELD WATER SUPPLY TRANSMISSION MAINS ALONG THE CYPRESS CANAL IN PROXIMITY TO WELLS RO 12N THROUGH RO 1.'iN, PROJECT NUMBER 700751. WHEREAS, the Bmlfd of County Commissioners, as the Governing Body ()f Collier County and as E~.Officio the Ooverning Board of the Collier County Water-Sewer Dislrict, (hereinafter referred to as "Bollrd"), on February 26, 2002, Agenda hem IOJ. approved and awarded a contract for lhe design and construction of new reverse: osmosis raw wuter supply wells (Wells RO 12N Ihrough RO I.'iN) fO(' the North County Regional Water Treutmenl Plant (NCRWTP). hereinafter referred to as "Project"; .md WHEREAS. [he Project was up proved in order to avoid potential water supply deficits and/or disruptions to willer service, und had been dt."Clared by the B()llf(ltCJ be un emergency on December II. 2001, Agendu Item 16C lOi lmd WHEREAS. lhe transmission mains llOd related underground utilities associatcd Wilh the Project were installed within the drainuge easemcnt for the Cyprt:ilS Canal with the permission of tbe South Florida Water Management District (SFWMD), which installation was completed in February 2003;lInd WHEREAS, prior lO BOlml approvul of the Pn~icct, ltllel'nllte locations. environmcntul factors, long range planning, cost vluiablcs, concurrence, safely und welfare considerutions hud been reviewed as they relate 10 the implementation of the P/'(~ecl, lInd it hlld been recommended by Coomy Swff that il was necessary and in the best interest of Collier Coullly, Florida. w conslruct (he transmission mains and relaled underground utilities lI~S()cialed with (he Project within the SFWMD easement area; and WHEREAS, it has been determined that. iet addition to the permission of SFWMD 10 utilize its drainage easemclll. the Board is required to obtain easemellls from (he fee owners of the propcllies underlying the SFWMD dminagc easemen( when~in the transmiSSion mains and related underground utililies halle been installed, lIS idemifled on Exhibit "A" attached hereto and incorporated herein by reference; and Agenda Item No.1 OA November 16, 2004 Page 6 of 15 WHEREAS, the design and conSlructluR of said transmission mains and related underground utilities, liS pl\ll of the Projcct, have been determined by the Board to be necessary llnd in the best interest of Collier County; and WHEREAS, the construction of Ihe tl1lnsmissioo mains and l'daled underground utililies contemplated by the Project were necessary in order ({) protect the heahh. safety, and welfare of the citizens of Collier County by allowing the construction of the said transmission mains and relllled underground utilities: and WHEREAS, the Board, on June 22,2004 adopted Resolution No. 2004 -215. and Resolution No. CWS . 20()4 .()2, authorizing staff to acquire by gift or purchase those propcny rights required for the .\b<)vc-refercnced project; und WHEREAS, the lociltion of the previously constructed tlnd elllsting improvemenl~ has been fixed by survey llnd is collectively represented by the legal descriptions comprising Exhibit "A:' ;utached hereto and incorporated herein; and WHEREAS, after consideration of the f()/'egoing, Board desires to exercise its tight to condemn proper!)' for public purposes. NOW, 'nJEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER AND EX.OFFICIO nIE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER D1STRICr, that it has heen detClmined by the Board that the previously constructed and e.~isting improvemems (hereionfter ,den'cd 10 the "Project") were and are necessary and in the best interests of lhe general public. AND IT IS flJRTHER RESOL VEn that construction of the project was in response to a declared emergency and is consistent with the 2002 Update to the WaleI' Mllstcr Plan as adopted by the Board on f'ebruary 25, 2003 as Agenda Item lOA. AND IT IS FURTHER RESOLVED thai, prior 10 Bourd approval ilnd subsequent conslruction of the Project, County Stoff had reviewed allem<lle locations. environmental fllClors, long range planlllng, Ci)SI variilhles, COllcun'cnce, sMely. and wclf:Jre considerations as lhey relate [0 the nnplcmemalion of the Project: and the Bourd finds thut after consideration of these is..~ues the most feasible location for the previously consll'llclcd impmvemcl1ls is callcclively represented by the legal descriptions comprising Exhibit "N' attached hereto and incorporated herein. /. Agenda Item No, 10A November 16, 2004 Page 7 of 15 AND IT IS FURTHER RESOLVED that in order to maintain llnd improve the Project a~ previously constructed. ilnd to ['~()gni7.e and accommodate the pmpel1y rights of the underlying fee owners, it is necessary for the Board to formally acquire the various real properly interests described in Exhihit "A." to wit: perl)ctual, non-exclusive utility C1nd access easements, AND rr IS RJRTHER RESOLVED thai all Jlrnpcny shall be put 10 public purposes. AND IT IS FURTIlER RESOLVED that County sluff is hcreby authorized to acquire immediately by gift. pllrchasl~ or condemnation in the name of the Bourd, in accordance with the rrovisions of Chapters 73, 74 und l27, Florida Statutes, the above-referenced real property interests more particularly descnbed in Exhibit "A" attached hereto Ilnd incorporaled herein, AND lT IS FURTHER RESOLVED lhul no mohile homcs are located on the property soughl {() be llcquircd Ilnct thcrcfllre it will nO! be neccssnry to remove any mobile hmnes from the propel1.y to he acquired. This Resolution adopted on this .___ day of ""___.___' 2004, after mOlion, second and majOl'ity vOIC. A'nEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, BY: _.,---~-_.,--,,~.~-- DONNA FIALA. CHAIRMAN Approved as to form llnd legal sufficiency: ~1L~ Ellcn T. Chadwell r\ssiSlllnl Coullty Allorncy c:('<:tLO 00.,- .,-0_ .N 0 ~(Q-OO .-(J) E'-O> O)(J)CIj .:::=..DQ.. 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'I ~ I~,' : i Il.il tI," -IIi ! ~l~h ~ I i:t =-1 ! ,_ i i ~ ~ :I !l ~ I ~ b <D .~ . ~ ~ <: ~ ~ 't --- 0 ti t') $~ ~ ;~ ~ I-" F?<ei~ ~"'( <( i.L 2: ~ '!rg 130<1= Ii;) S iii...J:::t<( <oNe ~.~ w~~~~ U? i!= 0 i!=!.oJ o.'f)t-l:;:l~:::>5 '<C.>e<>-<(~ ~ ,8gj!:u..~~L.'l- ''''> OJ . "" ...J n:: 0 0 0"'"<:::> Z a:iZo;?;Ul~1- .::J<.:>a<Cu ~~<a:?lLlSl<( ~...J>o~F~ O...:l-lLllLla:::(/) ~ii~iEgtl~ ~ Q D I '!J 1 8 ~ ~ ,. g i '" ~ :8 tl I I I t. !'ON liNn S31V1S3 i 31\t~ N30l0~ I I ~ ..; .. t LOCA TION MAl) Agenda Item No. 10A November 16, 2004 Page 15 of 15 - NORTH HAWTHORN WELLFIELOTRANSMISSION MAINS TRANS. If MAIN .I. R^,~S ~t"'lT>i -\LlGNlvlliNT flE1'WEEN "TRANS MAIN" ARROWS fNmCATES AREA Of PROWC1' NUMBERS f'RECl~Dlij) H Y "lHY IDENTIF'li NORTH itA WTHORN WIH.I.S Agenda Item NO.1 OB November 16, 2004 Page 1 of 5 .......- EXECUTIVE SUMMARY Recommend to allow the Trust for Public lands to act on behalf of the citizens of Collier County as the facilitator of the purchase of 150;t acres of land from the Fleishman family to preserve the Caribbean Gardens OBJECTIVE: To request that The Trust for Public Lands be named the facilitator for the purchase of 50:!:: acres presently housing Caribbean Gardens, together with the adjoining 1002:. acres (Property) held by the same or related ownership as is necessary to complete the transaction in order to assure the continued operation of the Caribbean Gardens. CONSIDERATIONS: A referendum to increase taxes to raise $40 million for the purchase of the property was approved by a majority of Collier County voters on November 2, 2004. ,"'- The Trust for Public Lands (TPL), a national nonprofit land conservation organization, has expressed an interest in providing its resources to facilitate the purchase of the property to assure that Caribbean Gardens remains open to the public, TPL would not be acting as an agent of Collier County nor would it be under contract with the County, but would be a principal in the transaction, That is, it would acquire the property with its own capital and then enter into a contract to convey the property to Collier County. TPL would attempt to negotiate an option contract that would allow sufficient time to carry out all necessary due diligence steps including multiple appraisals, a boundary survey, environmental site assessment, title review, as well as the time necessary for Collier County to secure the funding to complete this acquisition, The purchase contract between TPL and Collier County would be subject to Board of County Commission (BCC) approval. Should the BCC not approve the contract, TPL would not exercise its option to purchase the Property, and all monies expended by TPL would be TPL's responsibility. The Caribbean Gardens Blue Ribbon Committee, at its October 11, 2004 meeting, unanimously agreed to recommend using the services ofTPL. FISCAL IMPACT: The Trust For Public Lands requires no fee for their services. GROWTH MANAGEMENT IMPACT: This recommendation has no impact on growth management. -- Agenda Item No.1 08 November 16, 2004 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners designate The Trust for Public Lands as the facilitator for the purchase of the Caribbean Gardens and surrounding acres, Prepared by: Marla Ramsey, Interim Public Services Administrator /_... Page I of 1 Agende Item NO.1 OB November 16. 2004 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 108 Recommend to anow the trust for public lands to act on behalf of the citizens of Collier County as the facilitator o1lhe purchase of 150+~ acres of land from the Fleishrnann famil)' 10 preserve !he Caribbean Gardens (Marla Ramsey, Intenm Administmtor. Pubhc Services) Meeting Date 11/1612004 9DDDD AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Hecr~atio" 1113120045:14 PM Approved By OMS Coordinator Admfnistr21tive Assistant Date County Manager's Office Office of Management & Budget 111412004 9:02 AM Approved By Gary A. Vincent Munngement & Budget Analyst Date County Manager's Office Office of Management & Budget 111412004 9: 12 AM Approved By Charles E. Carrington, Jr., SRfWA Real Estate Services Manager Date Administrative Services Facilities Management 1114120049:22 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11151200410:04 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111512004 10: 26 AM file:! IC :\Collier%2OCounty\3- May%20 II, %202004%20Exporto/020Directory\ I O. %20COUNT... 11/9/2004 . . Agenda Item No. 108 November 16,2004 Page 4 of 5 T H' E TRUST F . 0 R PUBLIC LAND .. ConUTV rng Land fOT People fl r I PUBLIC SERV1CES, J AUG 2 3 2004 R IVED August 18, 2004 Marla Ramsey, Interim Public Services Administrator Collier County Public Services Administration 3301 East Tamiami Trail, Building H Naples, FL 34112 Dear Marla; Thank you for inviting TPL to attend yesterday's Caribbean Gardens Blue Ribbon Committee Meeting. Becky Bremser and I appreciate the opportunity to learn more about this very important project as well as to present TPL's credentials to the Committee with regard to the management of this large, complex real estate transaction. Based on everything we learned yesterday, we feel that the Caribbean Gardens project certainly meets TPL's mission of conserving land for people to improve the quality of life in our communities and to protect our natural and cultural resources for future generations. If the Committee and Collier County requests our involvement, TPL will commit the resources necessary to bring this project to a successful conclusion. Although it is not possible to outline the actual project design and timeline at this early stage, the first step would be to identify and contact the owner or owners of the property and to begin negotiations that could lead to securing an option contract on the property. TPL would not be acting as an agent of Collier County or under contract with the County. TPL would be a principal in the transaction. That is, we would acquire the property with our own capital and then convey the property to Collier County. TPL would attempt to negotiate an option contract that would allow sufficient time to carry out all necessary due diligence steps, including appraisals, boundary survey, environmental site assessment, title search, and title commitment, as well as the time necessary for Collier County to secure the vet)' substantial funding necessary to complete this acquisition. Based on the anticipated magnitude of the purchase price, it may be desirable to try to negotiate a multi phase contract that would enable TPL to make the acquisition and conveyance of the property in more or less equal increments over a period of two, three, Southwest Flotida Office 1595 Bay Street. S.E.. Suire 3 Sr. Petersburg, FL 33701 (727) 895-5090 Fax (727) 895-5190 . . Agenda Item NO.1 08 November 16, 2004 Page 5 of 5 ; or even four years. The actual purchase price will of course be determined by appraisals conducted by MAl appraisers selected by both Collier County and TPL. At this time it is anticipated that the acquisition funding will come from one or more public sources with the possibility of some level of private funding as well, in the form of charitable contributions from individuals and/or philanthropic foundations. The public funding source will primarily be the dedicated proceeds from the Caribbean Gardens Bond Referendum to be on the ballot in this November, with the possibility of matching state funding through the Florida Communities Trust program. We recognize tbat Collier County has proven expertise in successfully working with the FCT program. TPL also has a very strong capability and history regarding FCT. We were at the table when the FCT program was created, and belped craft the enabling legislation. The first director ofFCT was a TPL project manager, and the current director, Kathy Baughman Mcleod, was the Governmental Affairs Liaison with TPL for seven years before moving to FCT in December 2003. Since its inception, TPL has helped local governments obtain almost $100 million through the FCT program. Marla, there is certainly no guarantee that TPL in partnership with Collier County will ultimately be successful in this major undertaking. TPL can only work with willing sellers. At this time we have had no contact with the individual landowners and do not have any sense of what their goal and objectives may be regarding this property. Ourpast experience has shown that projects succeed when the landowner's, as well as the public agencies, needs are met, TPL has a great deal of experience in negotiating successful conservation land transactions in Florida and throughout the United States over the past 32 years and would welcome the opportunity to manage this incredibly important transaction to benefit the citizens ofCoUier County. Please let me know if the County would like our assistance. Sincerely, ~. ~~ John Garrison .. Field Office Director Cc: Kathy Prosser, Chairperson, Caribbean Gardens Blue Ribbon Committee Agenda Item No. 1 DC November 16,2004 Page 1 of 5 EXECUTIVE SUMMARY RECOMMEDA TION TO ADOPT THE FOLLOWING ITEMS AS COLLIER COUNTY'S 2005 LEGISLATIVE AGENDA OBJECTIVE: To adopt a number of items of interest to Collier County in the 2005 legislative process in anticipation of presentation to the local legislative delegation on November 23, 2004, CONSIDERATIONS: The Collier County's local delegation meeting has been scheduled for November 26, 2004; the following list of items has been prepared for adoption as the Board of County Commissioner's agenda for the 2005 legislative session. Following are Collier County's proposed legislative interests for the coming year: ,..,_...~. . Partial Year Assessments . Gas Tax Indexing . Real Estate Transfer Tax . Public Records Exemptions . Removal of Plantation Island from the Big Cypress Area of Critical State Concern . Emergency Preparedness for Assisted Living Facilities . Community Shelters at Manufactured Home Communities FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the proposed legislative agenda for presentation to the local delegation on November 23,2004. SUBMITTED BY: Date: Beth Johnssen Assistant to the County Manager APPROVED BY: Date: James V. Mudd County Manager ,,_. Item Number Item Summary Meeting Date Approved By James. V< Mudd Board of County Commiss.ioners Agenda Item No.1 DC November 16. 2004 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10C Recommendation to adopt Coilier County'5 2005 Legislative :~,genda (Beth Johnssen, Assistant te tile County Manager) 11/16/2004 9:00:00 ,~M County Manager Date County Manager's Office 11/8/200412:49 PM Agenda Item NO.1 DC November 16, 2004 Page 3 of 5 PARTIAL YEAR ASSESSMENTS Currently real estate property in Collier County is assessed annually on January 1 st. This means that if you purchase your property after January 1 sl and make improvements during that following year those improvements are not recognized by the property appraiser until the following January. Appraising property as an addition or home is completed and the resident begins using services would be a much more effective way of generating the revenues necessary to pay for the services provided. Revenues generated from a partial year assessment plan if implemented are estimated to be between 2 and 3 million dollars. INDEXING OF THE LOCAL OPTION GAS TAX The state, over 10 years ago, authorized that the state motor fuel tax be annually indexed to the Consumer Price Index to allow the purchasing power of the tax to be maintained as costs increased over time. However, they did not provide for the same indexing of the Local Option Gas Taxes imposed by the Counties. As such, the buying power of the Local tax has decreased as costs have increased while the effective yield for the 6.9 cents of state motor fuel tax has increased to approx. 9.6 cents to keep up with increased costs to build and maintain roads. The proposed legislation will provide the counties the same indexing as the state already has. If approved the revenue gain associated with this bill is estimated to be approx. $300,000 per year. PUBLIC RECORD EXEMPTIONS Changes are needed to modify the state's public records statutes allowing for an exemption to the release of personal contact information provided by private citizens to local or state government agencies for the purpose of receiving services related to emergency services and homeland security. In the event of a terrorist attack and during disaster scenarios (both man-made and natural), the ability of Government to notify citizens who are customers of government services (water, sewer, and electric utilities; special emergency services, etc.) of imminent dangers is paramount to the effectiveness of public safety endeavors. In order to establish this capability, government must solicit and maintain personal contact information - telephone numbers (home, work, mobile) and email addresses. Undercurrent legislation, this information is public and subject to release without the permission of the customer. Many citizens are reluctant to provide such information without a reasonable assurance of 1 Agenda Item No.1 DC Noven1ber16,2004 Page 4 of 5 confidentiality. Commercial utilities, which are not subject to Florida's Government in the Sunshine laws, solicit this information with assurance to their customers that they can choose to keep this information private. On a lesser but important note certain County Departments (Animal Control for example) maintain databases of information to meet State Statute or local ordinance requirements such as pet licenses. These databases are subject to public scrutiny and have been used to solicit pet owners for various services. The ability for businesses to gain access to these databases for these purposes is detrimental to licensing programs. Legislation is needed to allow Government services providers the ability to offer a level of confidentiality equal to that of a comparable commercial service. REMOVAL OF PLANTATION ISLAND FROM THE BIG CYPRESS BASIN AREA OF CRITICAL STATE CONCERN On July 27, 2004 the Board of County Commissioners voted to ask legislature to have Plantation Island removed from the Big Cypress Area of Critical State Concern (ACSC). This option will require the State to take legislative action in order to modify the boundaries of the Big Cypress ACSC. The County would then amend its GMP and LDC to reflect this action by the state. In implementing this action, staff recommends that the County adopt certain restrictions that would allow for least amount of building on the existing lots on order to minimize the impacts to mangrove and other marine habitat but still allow some utilization of the lots. In 1973 the Area of Critical State Concern (ACSC) program was instituted. The program is regulated by section 380.05, Florida Statutes. Subsequently, the Big Cypress Area of Critical State concern was established, also by Statute (Section 380.055, Florida Statutes). The Department of Community Affairs (DCA) is the agency charged with the oversight for this program. As such, the agency promulgated rules regulating the Big Cypress ACSC. See rules 28-25 Florida Administration Code. Pursuant to Sections 380.055(5) and (6), Florida Statutes these regulations are required to be included in the County's comprehensive plan and implementing land development regulations. This was accomplished sometime in the early 1980s and was carried forward in the existing Growth Management Plan (Ordinance #89-05, as amended) and the Land Development Code (Ordinance #91-102, as amended). The DCA regulations and the LDC, among other things, prohibit the alteration or destruction of mangroves and limit the amount of clearing that can be done on any given lot or parcel of land within the Big Cypress ACSC. Additionally, the regulations, specifically Rule 28-25.011, allows the operation of local government variances in the ACSC provided that there is no minimum adverse impact on the 2 Agenda Item No. 10C Novenlber16,2004 Page 5 of 5 area's water storage capacity, surface water and estuarine fisheries. Such a variance provision would have to be included in the Growth Management Plan and land development regulations. HARDENING OF ASSISTED LIVING FACILITIES Nursing Homes, Rest Homes, Congregate Care facilities and Assisted Living facilities should be required to have reliable back-up power to include a standby generator and the ability to quickly connect a back-up generator to their facilities. These facilities should be able to demonstrate to the local emergency management office basic emergency lighting, communications, alarm systems, convenience power and the ability to provide a location within the facility to provide approximately 40 square feet per occupant of air conditioned space. Facilities out of the storm surge zone should be able to operate on back-up power for a minimum of 96 hours. The State shall allow county emergency management organizations to collect a fee for plan review and annual site inspection to verify the preparedness and reliability efforts these facilities. COMMUNITY SHELTERS AT MANUFACTURED HOME COMMUNITIES Mobile home parks and manufactured home communities should be required to statewide to build and maintain a community shelter area capable of housing the community's residents in an emergency. The shelter should be equipped with backup power and minimal supplies as determined by local emergency management office requirements. 3 Agenda Item No. 16A1 November 16, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Gerald R. Fineis Subdivision" OBJECTIVE: To approve for recording the final plat of Gerald R. Fineis Subdivision, a subdivision of lands located in Section 36, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Engineering Services Department has completed the review of the final plat of "Gerald R. Fineis Subdivision". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid, There are no subdivision related improvements associated with this plat. Engineering Services Department recommends that the final plat of "Gerald R. Fineis Subdivision" be approved for recording, - FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1000.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: A Certificate of Adequate Public Facilities will be issued prior to recording of the plat. ENVIRONMENTAL ISSUES: There are no environmental issues. - Executive Summary Gerald R. Fineis Subdivision Page 2 Agenda Item No. 16A 1 November 16, 2004 Page 2 of 4 HISTORICAL I ARCHAEOLOGICAL ISSUES: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Gerald R. Fineis Subdivision" with the following stipulations: 1. Authorize the recording of the Final Plat of "Gerald R. Fineis Subdivision." PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ~."....~.. Item Number Item Summary Meeting Date Agenda Item No. 16A1 November 16. 2004 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS t6At Recomrnenclation 10 approve for recording the final plat of "Gerald R Finels Subdivision" 11/16/20049:00:00 AM Prepared By $(!rtil)t Engilwer 10/21"100411:15:0-4 AM John Hould.!lworth Comll1unity Development & Environmental Service$! Date Englnee-ring Ser"\li(;e~ CDES Engineering Servlcus Director Date Approved By Thomas E. Ku<:k, P ,E. Community Oj~Yelop"u!f)t 8; EnviruntTUlntalSltrvicl!!:5 COES Engineering SefVtceS 10/21/200411:23 AM Sandra Lea Executive Secret~ny 0... Approved By Commun1ty Developmlllot & Environml!:f1tal Services Community Oevelopment & Environmental Services Admin. 10/21/2004- 1:1' PM Approved By Cnll!>tance A. JOhtl!H>n Community Development & Environmental Services Opoeratloru, Analyst 0... Community Development & Environmental SeJVice5 Admin. 10/261Z004 Z:69 PM 0... Approved By Joseph K. Schmitt Conununity D(IV~I(Jptne,.,t a Environmentol Services CD"lmunlty Development & Environmental Services Adminstra10r Coml'Wltmity Oevl!lopm~!"t 8< Envinllllntlt\tal Servieel> Admit). 10126J200. 4:26 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of ManagemlllMt & Budget 10/28/20049:DS,AM Approved By M.nk ls,ack.o;.ot'l County Manager's Office Budyet Analy!\t Galt! OffiCI: of Management & Budget 10/29/200410:54 AM Michael SmykoW1iki Managemont & Budgat Direc10r 0... Approved By County Man~ger's Office Offic.e ot Managemant & Budget 11131200041:38 PM Approved By James; V. Mudd Board of County Commis.s.ionen:; Coun1y Man"!lf!t 0"'. Coun1y Manage"" Onice 11131200.41:42 PM ..-<;t<;t -<0..... (000 ..- ": <;t 0(0 W Z,-OJ ~ro EWe... w.o ~E roW -0> cO wZ OJ -< ~I~ I I ~ ~ m ~ N ~ ~ N ~ ~ N :<: ~ N :!: ~ 0 ~ " I- ~ ~ ~ . 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" o~u ~ I .SO~8 ~ MOONlNl I~ sy.....~ S30V'"(l~]I\3 ~ ~ " ~ o B' m:lSOllON / - -.- ~ ~~ ~~ OWI\31 h <Ii! d ;: 6- o~: N~~ 1-- .~~ ~ - ~ i ~ ~ ~ In L L ::' ~ ;~ ::: o~ ~ i- - i I ~~ <0 ~ i~ N ~ Ii ~ ., .&..11 T~- ::' ~ ~ is !!l CI) CI) iii ;;r:; II.. cr: o ..J ..cr; ~ III a.. <( ~ z o I- <( u o ..J Agenda Item No. 16A2 November 16, 2004 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve the submittal of the attached Partners for Fish and Wildlife grant application to the US Fish and Wildlife Service for $20,000 (of which $10,000 will be reimbursable) to fund exotic vegetation removal and habitat restoration on Conservation Collier lands. OBJECTIVE: To have the Board of County Commissioners approve the submittal of a US Fish and Wildlife Service Partners for Fish and Wildlife grant to fund exotic vegetation removal and habitat restoration on Conservation Collier lands, CONSIDERATION: The Partners for Fish and Wildlife Program provides financial and technical assistance to private property owners and local government agencies to help restore wetlands and other important fish and wildlife habitat. Grant funds will be used to remove exotic vegetation from the America's Business Park property and remove exotic vegetation and restore habitat on future Conservation Collier lands. FISCAL IMPACT: The total cost of the project is $20,000. Collier County is requesting $10,000 in reimbursable Partners for Fish and Wildlife Grant Program funds for exotic vegetation removal. The County will provide a $10,000 cash match for the project. The $10,000 County cash match has been incorporated into the FY05 Current Services budget for Conservation Collier land management. ...,.........., GROWTH MANAGEMENT IMPACT: This proposal supports Goal G of the Conservation and Coastal Management Element, which states that "the County shall identitY, protect, conserve and appropriately use its native vegetative communities and wildlife habitat." RECOMMENDATION: Recommend that the Board of County Commissioners approve the submittal of a proposal to receive $10,000 in grant funding from the Partners for Fish and Wildlife Program administered by the US Fish and Wildlife Service to fund exotic vegetation removal and habitat restoration on Conservation Collier lands, PREPARED BY: Melissa Hennig, Environmental Specialist, Environmental Services Department ,~I-' Item Number Item Summary Meeting Date AQenda Item No 16A2 " November 16. 2004 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 RecommenDation 10 approve the submittal of the attached Partner!! for Fish and Wildli~e grant application to the US Fish and Wildlife Service for $20,000 (of whIch $10,000 will be reimbursable) to fund exotic vegelaliof"l removal and habitat restoration on Conservation Collier lands 11/16/20049:00:00 AM M4!li$$a Hl~lIl1ig EllviH,"mf!nt.~1 Splwiillifl.t 1011':)/20049:2&:18 AM Prepared By Community Development & En'limlHnental Servi<:fl.!l. Date Envitonment;.l SI~rvic.l!s Approved By Sandra Lea COnllYlunity Dcvelopment & Environmental S(ltVic;m; D.ate Executive Secret.1rv C<muTlutlity OI!~'CIOpnlfmt & Envit'()tItnlt!ntiJI Services Admin. 10/21/2004 1:14 PM Environmental Services Director Dote Approved By William 0, Lorenz, jr" P.E. Community Development & Environmental Services EJlvirt>IUOI!llt..1 Scrvl(:m; 'I Ol2212IJO'" 5:41 PM Qnlnts Coordinator Dutl~ Approved By M<llh~(H! ,J. FOl>rd Administrative Services Administrative Serviees Admin, tDJ26.'2004 9:30 AM Con,'!iotanr.e A. John~on Dati!' Approved By Community Oeuell)pmetlt A Envimmrmntal Services DpmntionlO Arwlyst Community Develo'lmel\t &. EnvirDn""",."",1 Scrvic(!$ Admin. 10i26}2004 3:42 PM Approved By Jo.'s;eph K. Sdllnitt Community Development & Environmental Services Comtnunity Development & EnvirDnmental SefVtceS Admirutrator Omi!' Communrty Oell'elopment & Environmmtal SerJicfl:s. Admin. 10nGJ2'004 4:25 PM Admil'1ilLtr<ltive Assistant Date Approved By OMS Conrdin;!Etl>r Cout\ty M.magcr's ONic(' Office of Management & 8udglrt 10/28120049:0. AM M.uk' I~.<lck!ft)ll Budg""t Analyd Oaf(1 Approved By COUllt'f Manager's. Office Office of Management & Budget 10129{200410:J7 AM Approved By Michael Srny~()wski County Matt,llJltr'S Office: Manngemlmt & Budgut DIrector ()ate ()ffiC:l~ of MltrUI~lmnellt & atldg~t 11!'Z/200' 2:05 PM County Manager Date Ap proved By James V, Mudd Board 01 County Corntni!;smn~rl> County Manager's Offill;e 11/212004 5:23 PM Agenda Item No. 16A2 November 16, 2004 Page 3 of 11 PARTNERS FOR FISH AND WILDLIFE PRIVATE LANDS PROJECT DATA SHEET PROJECT NAME: Conservation Collier Land Habitat Restoration Project DATE: October 13,2004 CONTACT: Melissa Hennig Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 Phone: (239) 213-2957 Fax: (239) 213-2960 E-mail: MelissaHennig@collieflwv.net LANDOWNER / COOPERATOR(S): Collier County Government 3301 East Tamiami Trail Naples, FL 34112 Phone: (239) 732-2505 Fax: (239) 213-2960 The Conservation Collier Program is a taxpayer-funded initiative that was approved by voters in November 2002. It is a program to acquire, protect, restore and manage environmentally sensitive lands within Collier County. Currently four properties have been acquired through the program and several more properties are being considered for purchase. If received, Partners program funds would be used to restore current as well as future properties. Because the America's Business Park parcel will be the first property to be restored through possible funds from the Partners for Fish and Wildlife Program, it will be the focus of this data sheet. PROJECT LOCATION (State, County, Township, Range, Section, Ecosystem, with map): The America's Business Park property is located east of Old US 41 and south of Railhead Industrial Park in Section 10 Township 48 Range 25 within the northwest corner of Collier County, Florida. The 80.34 - acre site contains primarily xeric oak scrub. Palmetto prairie, pine flatwoods, hardwood conifer mixed, cypress-pine-cabbage palm, intermittent pond and freshwater marsh plant communities also exist on the property, See Maps 1 and 2. Relationship to nearest National Wildlife Refuge, State Management Area, National Forest, Wetland Reserve Program Easement, Other Easement or otherwise protected area: Collier County Barefoot Beach Preserve is located approximately 2.5 miles southwest of Agenda Item No. 16A2 November 16, 2004 Page 4 of 11 America's Business Park, while Corkscrew Regional Ecosystem Watershed lands are approximately 3,5 miles northeast of America's Business Park, Both ofthese protected areas are separated from the preserve by roads and developed property. Two small private conservation areas belonging to North Collier Industrial Park and Railhead Industrial Park are adjacent to the preserve to the west and north respectively. See Map 1. DESCRIPTION AND PURPOSE OF PROJECT: Funds, if received, will be used to remove invasive exotic vegetation from the America's Business Park property, Although the entire parcel will be treated, it is approximated that at least 10 acres of the preserve are infested with exotic vegetation to a significant degree (80% or more exotic plant density), Invasive exotic plant species observed include melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), downy rosemyrtle (Rhodomyrtus tomentosa), shoebutton ardisia (Ardesia elliptica), earleaf acacia (Acacia auriculiformis) and guava (Psidium guqjava). A contractor will be hired to remove invasive exotic plants from the preserve. The contractor will be responsible for the control of any target trees, shrubs, and seedlings and the application of any herbicides within the designated project location. All aspects of the control of listed FLEPPC Category I and II invasive species within the preserve, including any equipment, labor, supply, and herbicide needs, will be the responsibility of the contractor, The contractor will take precautions to avoid harming any native vegetation or wildlife, The vegetation will be cut at or below grade, treated with an appropriate herbicide per label rates and stacked on site, or, if possible, light equipment will be used to remove the debris once the vegetation has been cut and treated. The use of equipment will depend on site-specific conditions, Future monitoring and re-treatment of the invasive exotic plant population within the preserve will be performed by Collier County Staff or qualified contractors. EXPECTED BENEFITS TO FEDERAL TRUST SPECIES (specify and briefly describe for all endangered, threatened, and candidate species, migratory birds, etc.): Gopher tortoises (gopherus polyphemus) inhabit the America's Business Park property, Ninety- six "active", forty "inactive" and eighteen "abandoned" burrows were located during a July 2003 survey by Collier Environmental Consultants, Inc, Although no eastern indigo snakes (Drymarcher corais) have been directly observed on site, it is highly likely that this federally threatened species is present on the property. Removing exotic vegetation and allowing native vegetation to grow in its place will create more habitat for the gopher tortoise and subsequently more habitat for the eastern indigo snake. The following list of migratory bird species have been observed on the property by Environmental Services staff: Bald Eagle - FWS threatened - (observed soaring over property), Belted Kingfisher, Blue-gray 2 Agenda Item No. 16A2 November 16, 2004 Page 5 of 11 Gnatcatcher, Broad-winged Hawk, Cattle Egret, Common Nighthawk, Common Yellowthroat, Great Blue Heron, Great Crested-Flycatcher, House Wren, Mourning Dove, Northern Parula, Osprey, Palm Warbler, Pine Warbler, Prairie Warbler, Red-tailed Hawk, Turkey Vulture. The following list of birds have been observed on the site and have been known to breed in similar habitat located near the property: Common Nighthawk, Great Crested-Flycatcher, Mourning Dove, Pine Warbler, Blue Jay, Carolina Wren, Common Ground-Dove, Downy Woodpecker, Eastern Towhee, Hairy Woodpecker, Loggerhead Shrike, Northern Cardinal, Northern Mockingbird, Pileated Woodpecker, Red-bellied Woodpecker, Red-shouldered Hawk, White-eyed Vireo. The following list of migratory birds have been observed in similar habitat located near the property and will most likely be observed on the property when it is visited by staff in winter and early spring: American Coot, American Kestrel, American Swallow-tailed Kite, American White Pelican, Barn Swallow, Blue-headed Vireo, Chuck-will's-widow, Common Moorhen, Cooper's Hawk, Great Egret, Green Heron, Northern Harrier, Killdeer, Northern Flicker, Northern Rough-winged Swallow, Purple Martin, Sharp-shinned Hawk, Tree Swallow, Whip- poor-will, Yellow-bellied Sapsucker. Eastern Screech Owls, which breed in similar habitat near the property, and Wood Storks - FWS endangered - most likely inhabit the site as well. WETLAND RESTORATION Hydrology Acres: 10 # Sites N/A # Water-Control Structures N/A Revegetation Acres: 0 # Sites N/ A *Hydrology and revegetation acreage may overlap so that sum exceeds total site acreage Briefly Describe Type and Benefits: Invasive exotic vegetation will be removed from hydric pine tlatwoods and cypress-pine- cabbage palm plant communities on site, RIPARIAN RESTORATION Miles Restored/Protected: 0 Briefly Describe Type and Benefits: IN-STREAM RESTORATION # of contiguous reaches: 0 Briefly Describe Type and Benefits: 3 Agenda Item No. 16A2 November 16, 2004 Page 6 of 11 UPLAND RESTORATION Acres: 70.34 Briefly Describe Type and Benefits: Invasive exotic vegetation will be removed from pine flatwoods, xeric oak scrub, palmetto prairie and hardwood conifer mixed plant communities on site, HABIT AT IMPROVEMENT Acres: 80.34 Briefly Describe Type and Benefits: Invasive exotic vegetation removal from wetland and upland areas will both remove the direct threat to infested habitat communities and remove the indirect threat of a large seed source, Native plants will replace invasive exotic vegetation, thus increasing habitat for native wildlife species. HABITAT MONITORING, EDUCATION OUTREACH, OTHER Briefly Describe Activity (s) and Estimated Cost per Activity: Once initial invasive exotic plant removal has occurred, the America's Business Park site will be re-treated for exotics annually at a cost of approximately $7,500 per year. Unnecessary trails will be closed off and allowed to re-vegetate with native vegetation. Because of its location, the America's Business Park has no legal public access at this time. Zoning and Comprehensive Growth Management Plan changes are also necessary before the public can utilize the site for passive nature-based forms of recreation. Once public access is established and recreational use permitted, educational signs will be installed along the trail system, All acquired Conservation Collier lands will have an element of public access in their management plans. At minimum, the Environmental Services Department would like to provide trails and educational signs at each property. Some properties may also be equipped with educational kiosks or pavilions. COST ESTIMATES Total Project Cost: $20,000,00 Service Costs: Materials $ 4 Agenda Item No. 16A2 November 16, 2004 Page 7 of 11 Labor .$ Other (specify) Contractor Services $ 10,000.00 Landowner Costs: Materials Labor .$ Other (specify) .$ Contractor Services $ 10,000.00 Other Cooperators (with contributions): Materials .$ Labor .$ Other (specify) .$ INDICATE HOW RESTORATION WORK WILL BE PERFORMED (check one or more) Service Personnel X Reimbursement to landowner Outside Contract Please return completed form to: Private Lands Biologist U.S. Fish and Wildlife Service Florida Panther National Wildlife Refuge 3860 Tollgate Blvd., Suite 300 Naples, FL 34114 5 Agenda Item No. 16A2 November 16, 2004 Page 8 of 11 MAP 1 6 Agenda Item No. 16A2 November 16, 2004 Page 9 of 11 America.s Business Park Location Map " '" ~ ( II ~ LEE COUNTY BON ITA BEACH RD -ll- ~ rm !? ~::: . ~~;~ ~ rlr;o ltJ 't2J CO LLIER COUNTY r IMNIO KALEE RD c;uq af. .Mmi.ro ." G\ ~ , \ \ \ v..__ w+z s Legend - America's Business Park .. .America's Business Park - Major Roads In Collier County l%;:(~ other ConselVatlon Land o 0.5 1 Miles Oata S..ree: Pare.ls. Cellle, c....ty Propelty App...ise. C.ute.lIy: GIS\CDllS'IE""'.....elltal Serviees G:tGrants AIl.iIlIPar1.._P"c.ti...IIlX' G:\G.aats All. ..IP..r1..,-uuP....ti.....jp, Date: 1.27"" c'uTrrer Counf" ,.,-_......-,.'"""...........,_.."""".~<.....--,.,,..~,... 7 Agenda Item No. 16A2 November 16, 2004 Page 10 of 11 MAP 2 8 Agenda Item No. 16A2 November 16, 2004 Page 11 of 11 America"s Business Park Aerial Map Legend - America's Business Park w+s s - Collier County Roads /lrnerica's Business Park o 250 I 500 Feet Det.. S..re.: Parcele ... !In ..rIa.. - Cotnle, Caaaty P.., arty Appralee, ereatell 8y. QIS\CDIIS\II."'......lItel Serw\eu G:\Clr.ete AoII. la\Patt..mJIS'..riel.M xli G:\Craete ..... ..\P.rt.u......'..rlaIJPI Oat.: 1.27"4 cooter County ~_"'-~__A 9 Agenda Item No. 16A3 November 16, 2004 Page 1 of 13 -~,....- EXECUTIVE SUMMARY Recommendation to approve the after-the-fact submittal of the attached Sea Turtle License Plate Grants Program grant application to the Caribbean Conservation Corporation for the Collier County Environmental Services Department's Sea Turtle Public Awareness Program and to approve any necessary budget amendments. OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit a Sea Turtle License Plate Grants Program grant application to the Caribbean Conservation Corporation (CCC) to fund the Collier County Environmental Services Department's Sea Turtle Public Awareness Program and to approve any necessary budget amendments. ,<~' CONSIDERATIONS: The application was signed by the County Manager on October 21, 2004. The application deadline for submission is November 12, 2004 and because the November 9, 2004 BCC meeting was postponed until November 16, 2004, the County Manager was asked to sign the application in advance of the BCC meeting. The funds will support the Environmental Service Department's Sea Turtle Protection Plan - Public Awareness Program. The County was previously awarded this grant in 2002 and 2003. The CCC grant is the sole source of funds used for educational items developed and distributed to beach front property owners, residents and visitors to inform and remind them about local regulations for sea turtle protection. Typical grant funding from the CCC for public education programs is approximately $5,000 to $6,000. Collier County will be requesting $4,800 for FY 04/05. The applications will be reviewed by the Fish and Wildlife Conservation Commission by January 31, 2005 and submitted to the Sea Turtle Grants Committee on February 7, 2005. Final contract execution is expected by May 2, 2005. The time period for grant completion is one year from the execution of agreement. FISCAL IMPACT: If awarded, the $4,800 will be budgeted in the Natural Resources Grants budget (Fund 117), with 100% costs funded by the Caribbean Conservation Foundation. No local match is required. GROWTH MANAGEMENT IMPACT: The grant money will support Objective 7.3 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, which requires the County to continue to implement programs that conserve and protect endangered and threatened wildlife species. RECOMMENDATION: To approve the after-the-fact submittal of a Sea Turtle License Plate Grants Program grant application to the Caribbean Conservation Corporation for the Collier County Environmental Services Departments Sea Turtle Public Awareness Program and to approve any necessary budget amendments .'- PREPARED BY: Maura C. Kraus, Principal Environmental Specialist, Environmental Services Department ttem Number Item Summary Meeting Dat8 Agenda l1em No, 16A3 November 10, 2004 F'ago 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Recommendation 10 approve the after.the-fact submittal of the attached .sea Turtle License Plate Grants Program grant application to the Caribbean Conservation Corporation for the Collier County Environmen1al Ser'.lices Department's Sea Turtie Publfc Awareness Program and 10 approve any ner;essary budget Amendments 11116120049:00:00 AM Prepared By 10121/2004- 5:07:02 PM MauUI Kraus CotJununny DevelDpment & Environmental Services Orne Prioc;ip;tl Envjlorunent;~1 Spltdillilit Environment..1 St!f'vic.es Oatf! Approved By MAura Kraui> Community D~tvdol)mr!nt & Etlvironmentul S~trvil:~!$. Princip.t1 Environmr.ntal Sp(!cialis.t Environmental Services 10i23/20(l4 '10:22 AM Dllte Approved By William D. Lorenz, Jr., P.E, Community Development 8. Environrnt:ntal Sef"olices Environmental Services; Director Envirl)l1ml1'_tltul Sf!rvjc:e$ 10/26!200" 8:24 AM Dolte Approved By Sund r.l l~a COmmUF\ity Dellelopmt!llt & Environmental S~rvi(:es Exucutiyc S~mbuy Community Development & Environmental Service~ Admin. 10i251200.c. 11:00 AM Dale Approved By COllst-..nCt!: A. JDhlllO.On Gomlnunity Of!ve.lnfUYltlnt 8- Environmeut.ll Sp.n.'il~$ Operitlions Atuly.d Cmnrnutlity Devr.lnprrwn1 8, Envit()mn~nLd Services Admin. 10/26/200.3:43 PM Oat. Approved By Marlene J. Foard AdmioistmtjYf! Service-s Grants Coordin.ator Administrative S(!lvi(:E!s Admin. 10126/200" 4:05 PM Date Approved By Joseph K. Schmitt Cummunity Development & Environmental Services CnmrmltJity [)ttv(!lnptflfmt & Envitmltne!nt;~1 Sl~rvicel; AdtniIH.tr.:ttOt Community Development & Environrrllmtal Services Admin. 10/2612004 4:3;8 PM Datf! Approved By OMS Coordinator County Manager's Office Administrative Anislant Office of Management <<. Budget 1O'/28!2004 9:07 AM Ome Approved By Mark Isackson County Munagm'l; O"ic:(~ Budget Analyst Df1j(;4l 1)1' M;lna.gl~tl'l4!r1t & Budgl!t 11/1/20043:5'" AM Date Approved By Michael Srnykow!>ki County Manager'" Offil:il'! Management & Budge:t Diteclor Office of M.ma!Jement & Budget 11i2,'2004. 2:G4 PM Dale Approved By Jame.ti. V. Mudd Board of County Commissioners County Manager County Man-"l~e!r'$ Offiee 11!212004 5:59 PM Agenda Item No. 16A3 Novernber16,2004 Page 3 of 13 Florida Sea Turtle Grants Program Proposal Cover Sheet Project Title: Collier County Sea Turtle Protection Public Education Program Project Category (select one): X Education - Research - Conservation Organization: _Collier County Environmental Services Department_FEID#_59-6000558 Project Manager: _Maura C. Kraus Title: _Principal Environmental Specialist Mailing Address: _2800 North Horseshoe Drive City: _Naples State: _FL_ Zip Code: _34104 Phone: (239) _ 732-2505 Fax: (239) _213-2960_ Email:_maurakraus@colliergov.net - Signature of Project Manager: Date: Do you have a current Marine Turtle Permit? X Yes, MTP# _ 049 -No -N/A - Eligibility: _Florida Coastal Local Government Project Summary: The Collier County Sea Turtle Protection Plan Public Awareness Program aims to enhance public knowledge ofthe county's marine turtle program. A main goal of the program is to increase local community and visitor awareness of marine turtle issues. The program hopes to establish a more informed public by creating and distributing educational items. By educating the local community we expect to significantly decrease lighting problems that cause disorientations, and considerably reduce human-related disturbances that plague the threatened loggerhead sea turtle (Caretta caretta). Total Amount Requested: $4,800.00 CCC Use Only Proposal Number: 05- Date Received: Florida Sea Turtle Grants Program Budget Form Agenda Item No. 16A3 November 16, 2004 Page 4 of 13 Project Title: Funds Budget Item Requested Color-me Marine Life Rulers: printing and manufacturing cost for 5,000 count $1,800.00 Bookmarks "Loggerhead sea turtles" (see Figure 1): manufacturing, four color $1,500.00 printing, and lamination cost for 5,000 count Brochures "Collier County Sea Turtle Protection Program" (see Figure 2 & 3): $1,000.00 four color printing cost for 4,000 count Lighting reminder postcards (see Figure 4): printing cost for 500 count $500.00 Labor Costs (Please include Salaries, Wages & Fringe benefits for each position) Labor by a local graphic art company (Planet 8 Digital) was donated to this project. All aspects of the Collier County Sea Turtle Protection Plan Public A wareness Program, with exception of distributional materials, are absorbed by Collier County Government. Total Project Costs $4,800.00 Indirect Costs (Not more than 5% of Total Project Costs, not required) $0.00 TOTAL REQUESTED $4,800.00 Agenda Item No. 16A3 November 16, 2004 Page 5 of 13 1. Project Description Collier County is proposing four public awareness/educational materials for the 2005 Marine Turtle Grant. The Color-me Marine Life Rulers are 12" rulers with a marine life scene imprinted on the front and the Collier County e-mail and acknowledgement of funding with the sea turtle license plate on the back. By personalizing the ruler it is our intent to reinforce what the individual has learned. Collier County is also asking for funding to re-print its brochures, bookmarks, and lighting reminder postcards from previous funding. These items have been attached for review and it is our hope that we may continue to distribute these desired items through continued funding. The methods/activities to complete our projects are outlined below. Generate, manufacture and distribute Color-me Marine Life Rulers A. Create proposed material and present the idea to CCC for review. B. CCC to review and reply. C. Produce final draft of materials after corrections have been made. D. Manufacture rulers. E. Distribute rulers and make distribution locations available to CCc. F. Assess success of distribution by keeping tally of rulers and make tally available to CCc. Cost Estimate: $1,800 Print and distribute "Loggerhead Sea Turtles" Bookmarks A. The "Loggerhead Sea Turtle" bookmark is attached for review. B. CCC to review and reply. C. Produce final draft of material after corrections have been made. D. Print bookmarks. E. Distribute bookmarks and make distribution locations available to CCc. F. Assess success of bookmarks by keeping tally of bookmarks and make tally available to CCC. Cost Estimate: $1,500 Print and distribute "Collier County Sea Turtle Protection Program" Brochures A. The "Collier County Sea Turtle Program" brochure is attached for review. B. CCC to review and reply. C. Produce final draft of material after corrections have been made. D. Print brochures. E. Distribute brochures and make distribution locations available to CCc. F. Assess success of brochures by keeping tally of brochures and make tally available to CCC. Cost Estimate: $1000.00 Generate, manufacture and distribute postcards A. The lighting reminder postcard is attached for review. B. CCC to review and reply. C. Produce final draft of material after corrections have been made. D. Print lighting reminder postcards. E. Distribute postcards and make distribution locations available to CCC. F. Assess success of distribution by keeping tally of postcards and lighting violations and make tally available to CCc. Cost Estimate: $500.00 Agenda Item No. 16A3 November 16, 2004 Page 6 of 13 2. Benefits to Florida Marine Turtles: By educating the local community about the plight of Florida marine turtles, we hope to reduce the human-induced negative impacts on these endangered and threatened species. These materials will help community members, visitors, and students to develop the skills to analyze and participate in solving problems that plague marine turtles in Florida. The materials will also teach responsible stewardship of marine resources with an emphasis on important habitats shared by both marine turtles and humans (e.g., nesting beaches). By combining these educational materials with marine turtle presentations at local organizations and schools, we aim to enable students and coastal residents to make responsible decisions that have a positive effect upon marine turtle conservation. 3. Has a similar project previously been funded by the sea turtle grants program? Collier County was previously awarded educational grants in 2002 and 2003 by the Florida Marine Turtle Grants Program. Some of the 2002 grant award was applied towards producing bookmarks, brochures, and postcards where 5,000, 2,000, and 500 counts respectively, were produced. The artwork has been already created (see Figs. 1- 4), and due to their overwhelming popularity, we are requesting additional funds for the reprinting of these materials. We have only a small number of these items left. We have been encouraged by the effectiveness of these materials and hope we are able to continue to distribute them. 4. What are the expected accomplishments of the proposed project? Collier County would like to produce materials to help complement our active public awareness activities including: prt<sentations at local organizations and schools, libraries, annual beach lighting mail-out for beach-side residents, the annual Meet Your Local Government Days event at a local mall and an elementary school, annual participation at an Earth Day event, interactions with beachgoers (2,952 during the 2004 turtle season), and public inquiry. In spite of the hard work of the Collier County staff in providing public awareness and conservation efforts, Collier County continues to have problems with human activities conflicting with that of marine turtles. It is the belief of staff that these materials help create an increased awareness of human-induced negative effects, and provide critical information on ways of avoiding these negative effects during critical marine turtle activities (e.g., nesting, hatchling emergence). These materials will be produced and distributed in an effort to create a catalyst for positive change and action that will decrease the negative anthropogenic effects upon marine turtles in Florida. Agenda Item No. 16A3 November 16, 2004 Page 7 of 13 5. Background and relevant experience of applicants (see attached resumes) 6. What are the proposed project's 6-month and final deliverables? Item Descri tion Color-me Rulers Design Production Distribution Bookmarks Production Distribution Brochures Production Distribution Postcards Production Distribution 7. Budget Narrative: Project Timetable: Month 2 3 4 5 6 7 8 9 10 II 12 Color-me Marine Life Rulers - $1,800.00 estimated cost for 5,000 count. Bookmarks "Loggerhead Sea Turtles" - $1,500.00 estimated cost for 5,000 count. Brochures "Collier County Sea Turtle Protection Program" - $1,000.00 estimated cost for 4,000 count. Postcards - $500.00 estimated cost.for 500 count. a. Justification for requested funds: The Color-me Marine Life Rulers cost estimate was configured from Naples Airforce, a local promotional products business. These estimates include all materials and supplies required for the production of the items. The costs are for manufacturing only, and a local graphic art company, Planet 8 Digital, will donate all required artwork. A catalog of the products and price estimates for the previously mentioned products can be found at the website www.naplesairforce.com . Agenda Item No. 16A3 Novernber16,2004 Page 8 of 13 The bookmarks and brochures cost estimates were generated from the original printing of the educational products. The items were produced from the awarded 2002 grant provided by the Marine Turtle Grants Program. The brochures and bookmarks were well received during the 2003 season and supplies of these items have been depleted. The overwhelmingly positive feedback from the local public is the basis for requesting the re-printing of these two popular educational products. 8. How will you publicize or distribute the results of your project? Collier County Sea Turtle Program staff spoke with 2,952 beach goers during the 2004 sea turtle season. Staff distributes educational materials while patrolling, at presentations, to beach residences, and at public appearances. The Color-me rulers are geared toward elementary school children. Staff conducts several presentations at local elementary schools throughout the year and finds this an excellent opportunity to educate young students about marine turtles and how they might help in their conservation. Having educational materials that can be handed out during these presentations reinforces what the students have learned and increases their interest in the subject. The bookmarks have been well received by all age groups. They are distributed to local libraries, local bookstores, and during presentations. The brochures have been instrumental in educating beach goers. They are also distributed at presentations and at local libraries. Staff has developed several displays that are routinely set up at libraries countywide and brochures are readily available at these displays. Brochures have also been delivered to the City of Naples and the City of Marco Island Chambers of Commerce. The postcards are mailed two weeks after an annual beach lighting mail-out to reinforce the start of sea turtle season and the time in which lights need to be off the beach. These postcards are helpful reminders and are distributed to approximately 200 beach front residences. Collier County promotes its local government by having "Meet Your Local Government Day" at the Coastland Center Mall and Corkscrew Elementary School. The public attends these functions and all materials produced are distributed. 9. How will the Success ofthis project be evaluated? The success of the Collier County Sea Turtle Protection Public Education Grant will be evaluated by the effectiveness of our distribution. Staff will keep a dated log of distribution sites and quantities distributed. The log will be sent to the Marine Turtle Grants Program along with the final deliverables and Final Programmatic Report. Agenda Item No. 16A3 November 16, 2004 Page 9 of 13 '" "11 e F g o '_ ..::c:::ec.. -8.g e 8 11 cft~ - oEtQ:1lil: .cv..cn~(,) .-::: c. E .0 lJ) 3: 8 e'~ ti 1L~ 0 ~.u 0..'_", :::l ~~t2o~ t~~Q: S ""''''<>!!ll:- lQ la.EJ ~ tl 3: .c .. ... '" "..=;?: 0 '0 ;S u.. c"'~..:! 5 .g ,9 5 ~ - 'C ~E- lU 8 # ._~ OJ .c ..D t..\.o 1:- .~ .. 0 '!;j g F=FU2<l: (front) (back) Fig. 1. The Loggerhead Sea Turtles Bookmark provides interesting facts on the threatened species, and invites people to visit the Collier County website in order to learn more about this interesting species. These laminated bookmarks measure 7 by 1.5 inches in actual size. A local graphic arts company, Planet 8 Digital, donated the artwork. Agenda Item No. 16A3 November 16, 2004 o of 13 Fig. 2. Front side of the Collier County Sea Turtle Protection Program Brochure. Actual size is 8.5 by 11 inches. The local company Planet 8 Digital donated artwork for the brochure. Agenda Item No. 16A3 November 16, 2004 11 of 13 Fig. 3. Inside ofCCSTPP Brochure, includes loggerhead conservation information, and contact information for reporting suspicious activities. Four color printing process was used. [' i;, Agenda Item No. 16A3 November 16, 2004 Page 12 of 13 ,""--, ... f"::tr 'illn W;H thJrH t'hc Fh)t~dn (~f,n.4".f\At'ion (\:lrnmi~s~:~tL \.0[ 1J'Hk' Tunh' klvr ;lnv qUt4r;wn...'i<:, tt:-; ;;: En!;'~l'{}nJn{"nDl S<:n:{,\:t-'\ 7J2, ~?-)(\5. PLACE STAMfl' HERE POST-CAL ;~ AddTe$$ fn:;fn rlw Figure 4. Front and back of the lighting reminder postcard. These postcards are part ofa pre- season mail-out and are a friendly reminder that sea turtle season is approaching and what time lights need to be off the beach. The local company Planet 8 Digital donated the artwork for the postcards. Agenda Item No. 16A3 November 16,2004 Page 13 of 13 ~ AdmiDistra tin~ Services Dn'isioD Collier County ('rOvernment Center 3301 East TalDiami Tn.it Naples, Florida. 34112 madendoul'd((i;cumen~;uv .net (239) 774-8971 (239) 774-8720 (fax) cc: Ma.uro C, KrauR, Principal Rnvinmmental Specialist Bill Lorenz., Director, Environmental Servkes /t, ,~ Marlene Foorii.'/2irlmrs Coordinator TO: Jim Mudd, County Manager FROM: DATE: October 21, 2004 After-rhe-l;'act Approval by the 13CCis required attheNQvetriher 16.200.1 nee meeting. SllBJECT: Count.y Manager Approval of En\>ironmental ServIces application rothe Caribbean Consttrvatiun COll"-'mltion lor a. Florida Sea Tunle Grants Program The Florida Sea Turtle Gr.mt is due to the Caribbean Conservation Corporation on Novemher 12, 2004. With the postponement of thetirst November Board of Courrty Cornmissionc.rsmccting irom November 91h to November 16t\it has become necessary to request your approval of the suhmital to ensure. tbfll it is submitted on time. EIIvirollrncntal Services will submit the applicaLiunWJd executive summary ti.')f qfter4he:factapprovat hy the Board 011 Novemher 16. 2004. Collier COUlity applied for the~ funds in 2002 and 2003 and was awarded the grant eacb year. The gr.ml \,,,'w;~ubmitted in 2004 aDd was nut awarded.. The request for this year is $4.800 and. if awardeGt will fund the Comer County Sea Turtle Protection Plan Public Education Program,. No local malchis required. 1'Ills afie,.-tiu;-fact proce.~ 1:; provided f01' in CMA #53.30 Grant Coordinntionif you have an)' qucslions.. The-granlor hw; agreeu ilial your approval of submittal is sufficient followed by ratification bv the liCe. .. Once you haverevie"Wed aDd approved the submit.tal, please call Mary Beck at 732-2700 so we can pickup tbe originals and a copy of this memo witb your :llignature and date in the box above. Plea.'ie call 1'v1ary Torn at 213-2955 or me at 774-&971 if }"OU have any questions. Agenda Item No. 16A4 November 16, 2004 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Carlton Lakes Unit 3-C". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Carlton Lakes Unit 3-C" CONSIDERATIONS: 1. On February 3, 2003, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Carlton Lakes Unit 3-C". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. ,~'......... Executive Summary Carlton Lakes Unit 3-C Page 2 Agenda Item No. 16A4 November 16, 2004 Page 2 of 5 STAFF RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Carlton Lakes Unit 3-C" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department - Item Number Item Summary Meeti ng Oat8 Agenda Item No. 16A4 Novemoer 16. 2004 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Recommenaatlon to grant fmal approval of tt1e roadway (private) and drainage improvements for the tinal plat of "Cartton Lakes Unit 3-C" The roadway ana drainage impro\lements will be pnvmely ma!ntained 11/16;20049:00:00 AM Prepared By 10/21/200412:33:32 PM John Hooldsworth Cummunity Ol!veloprlU~nt '" Environmental Servjce~ Date Seniot Engml!'cC!r Ellllinf!~ri"g Setvil:t?$ D4ite Approved By Sandra lea Community D~velopment & Environmental Sftorvi(;es Executive Secretary Community Development & Envirunnmntul Servi(:(~$ Admin. 10121f20041:1S PM Date Approved By Thomas E. Kud.., P.E. Community Oeve-lopmellt & Enyironm,mtnl Servi(;ns COES Engineering Services Director COES Engineering Service'S 1 Qr22/200c 10:26 AM Date Approved By Constance A. JohnSDI\ Cmnrnunity Dj~vtrlc>pl'tU!llf & Environmental Service,; Operations. At'lalys.t Comrnl.lnity OeVel(I'ltnent & Environmental Services. Admin. 1 0126!200<4 3:05 PM Date Approved By Joseph K. Schmitl Community OevelDpmen1 & Ellvi,<mrnr.otltal Smvices; Community Developmellt & Environmental Ser'l/iC9S Adminstrator Cnrumunity O~vC!'lapmllrt\t & Enviwmnental Se,vk:el> Admin. 10/2'/20044;.41 PM Dot. A.pproved By OMS Coordinator County Mi1nager'1; OIhcc Administratrve Assistant O1fict'! of Management & Budget 10121H200.. 9:06 AM Date Approved By Mark IS;.1(;ks.on County Manager'3. Office Budget Analys.t Office of Man4igernent & Budget 10/29/200411 :04 AM OalEl Approved By Michael Smykow'lik; County Manager's Office Management & Budget Director Office of Management & Sudget 11/3/2004 1:40 PM Datil!' Approved By James V. Mudd Board of County CDnlfni'lO~IO"ClrS County Manager County Manager's OfficI!' 11/4/20Q.4 2:37 PM '<;;t'<;;tl,{) <(0,,- tOOO ,<,""N'<;;t ci to- 0) Z'<'"" OJ .....ro EO)CL O).D =::E roO) -0> cO Q)z OJ <( ul ,J, ~ 31'1':J5 01 .l.ON / ~ (I) u.I - lI:: ~ Z 5ND" 0 r;:: )!lV111llH ~ 5~~ . ~ H ~ ~~~ ~~, 0: " ~~ ~ ~~; - ~ ~ ~ ~ It "3.lYJ.iAB1,Nl ~ ~ <( ~::;; 6~ ~ ~~ ~ ~~ ~; .... ~e z' ~ ~ Z 0 - ~ ~ ~ i~ 2~ ~ u I .. ~! 0 .' ....I hi 0"- ~~~ , ~-~ ~~ ~ . ~ - ~; L I-Z P 00 ~ d" w- .~ ~ ,!< 05 00 . 0:0 g= lL--, ~ <( ~ LLJ ~ - rn RESOLUTION NO. 04-_ Agenda Item No. 16A4 November 16, 2004 Page 5 of 5 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN CARL TON LAKES UNIT NO. 3C, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE CARLTON LAKES HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 17, 2003 approved the plat of Carlton Lakes Unit No. 3C for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Carlton Lakes Unit No. 3C, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Carlton Lakes Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2004. DATE: A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney Agenda Item No. 16A5 November 16, 2004 Page 1 of 19 EXECUTIVE SUMMARY Petition Carny-2004-AR-6724, Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, requesting a permit to conduct a carnival on November 24, 25, 26, 27 and 28, 2004, on the church property located at 207 South 9th Street in Immokalee OBJECTIVE: Pastor Ettore Rubin, c.s., of Our Lady of Guadalupe Catholic Church, is requesting that the Board of County Commissioners approve a permit to conduct a carnival on November 24, 25, 26, 27 and 28, 2004, on the Church property located at 207 South 9th Street in Immokalee. CONSIDERATIONS: Pastor Ettore Rubin, c.s., of Our Lady of Guadalupe Catholic Church, has made application to the Board of County Commissioners for a permit to conduct their annual carnival and has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit other than their request to waive the surety bond. Staff supports the waiver of the Surety Bond as there have been no previous problems related to clean up of the site after the carnival. The required insurance amount of $1 ,000,000 has been purchased. FISCAL IMP ACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the permit to conduct the annual Our Lady of Guadalupe Church carnival and waive the surety bond. PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning and Land Development Review - 1 Item Number Item Summary Meeting Date Agenda Item No, 16A5 November 16, 2004 Page 2 of 19 COLLIER COUNTY BDARD OF COUNTY COMMISSIONERS 1GAS Petition CBrny-2004.AR.6724; Pastor Ettore Rubin, C,S., Our Lady of Guadalupe CathDlic Church, requestit)Q a permit to conduct a carnival from November 24. 25, 26, 27 and 28 2004, on the church proper1y located at 207 South 9th Stree! in Immoklllee 11/1Gf2004 9:00:00 AM Prepared By 10128.120049:-45:28 AM Cedlm Martin CornnUlllity Oj~lr'clo~ment & Environmental Services Oa.. Planning 'Tech Zonin.g 8. L.atH! OeYI~lop"wfl1 Rm.'il~w Date Approved By Sandra lea Community Development & Envit'nlJffiental $elVkes Execurive Secretary Commmlity O(\'vr.lopment & Environmtmtal Sif!rvic;~!:s; Admin_ 10/231200410:59 AM Date Approved By Susan Murray, AICP Community Devefoprnent & Environmental Servic~r.s Zoning.& Land Development Director Zoning & Land Devl!-lopment Review 10i28.'2004 3:51 PM D.te Approved By Constance A. Jolms.Ol\ Cotnnlllllity Oj~lr'CIDpmeftt &. Environmental Services Ope.rations AI1;Jlyst COlJllnun'fy Oflvll:I(IJunent & Environmental Services Admin. 10f2~i:ZOO. 4:34 PM Date Approved By Jost!ph K. Sl;hmitf Community De\lelopm(!111 & Envjrorlrnl~nt<ll SIHVi':(!$ Community Devl!lopmellt .& Environmental Service5 Admin5tratcr Community Dfllle,lopmenl &. f:nvilUfltnenLll Sl!l....icltl. Admin. t01291200.. 9;32 PM Date Approved By OMS Coordinator County Mnnagm's Office Administrative As.sist,lInt Office of Miln"'gem"nt & Budget 11/2/2004 8:-43 AM Da" Approved By Mark Isackson County Manager's Office audget Analyst Office of MaP'l~gement & Budget 11/3120042:58 PM Date Approved By Michal!ll Smykowski County Manager's. Office Manag",nwnt & Budgt?l Dir1!'c1Qr Office of Management & Budget '11/4/200.4. 10:17 AM Date Approved By JRtn-eS V. Mudd Bo..rd Q1 County Commissjonen, County Manager County Manager's Office 11/5120041:35 PM Agenda Item No. 16A5 November 16, 2004 Page 3 of 19 NOTE:Please read reverse side before completing this Petition. CARNY _2004-AR..6724 CARNIVAL OPERATION. __...""1" cURRENT ZONING: RMF-6 CURRENT USE: Place of worship NATURE OF PETITION: A reQuest is hereby made for a permit from Collier County to hold our annual carnival from November 24 thru November 28. 2004. _THE FOLLOWING INFORMATION IS INCLUDED IN TIllS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a. Yes 3.b. Yes 3.e. Yes 3.d. Yes 3.e.I) Yes 3.e.2) Yes 3.e.3) Yes 3.e.4) Yes 3.e.5) Yes 3.e.6) Yes 3.e.7) Yes 3.e.g) Yes 3.e.9) Yes Comments: ~~ ~ ~.., SI~ -; PE ONER ..- -'" DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER 08/13/2004 17:44 6595724 eS/17/2884 11:24 941S5?34~1 ADDRESSING GUADALLPE CH.iRCH PAGE 131 Agenda Ite~~. 16M Novembe~, 2t;b4 Page 4 of 19 ADo."8ING Clll:CXU8T -- Pi-. COIIIpIIst lU ~AND FAX (>>,.,,1-$1)1) 4I8DN1T IN I'D6ON TO ra 1ID~""1lUN. DIR.u:tE!lSIIWD~r ...nft8ft!~~ JlllUlD !Il.aIr AI'l'LICA.f7O/t/ IIIIIl'I'IJJn Not.aJ 11pp11 U) every pro_. Ileaas bl tfpe IN r.q1rin= l. I. ~oall;oot~~(_"'''''''''''''''''''''_/Jo-'''''l III . ,ct. the SW of 4 ~ -.1 1Jouth, ~ 29 But, __ , nCll'iaa. - 'of 1 I _ ~__ 2. 1'0. ~rolllll1:f 10) .."1(.) of Ihov. (fIIttIeJt to. or onocIatt w/dt, I.". ~rRt if ",or. "It rll 0Itf) OO'2~~ ____ ,. Street ...... or lddrt~t4t tJ1JJtJIUttJbIe, if ~ QS8lpu1) _ 207 SOUth 9th -~ , IIiIlr:*al., FJ.arl..cSa -- --- 4. LocatIDII....1bDwhri tun 1oc.wdoJ1 ofprojtWllte ~ MuiOIl to -.at public lOIICl rilbS-of..wa3 ~) S. Copy ot~ (NIIDED ONLY POR. tJNPLA'M'BD PROPER11BS) 6. ~ paljc ItAIM (tfttppllotlble) .IlbJl..Bl QEDi'VlLl ? PIopoetd S... DID1eI (If I1ppJJt:tlbl.) ---- --- 8. SitlImaltJPD*lt PIID Nam.ber (POk EX1S11NG PR.OIBC'1'MITBS ONLY) liDP .. 9. ..~ - (CotnplftI ....... ~ CbIctliIt b eIdJ Petition Type) SOP (Still 1MtI~ PIrIIl) PPL (P1JDI cI: PlIt~) $DPA(lOP~ PI, ~SU'Wi..utoaPll1) SDPI (StJP r..~tJ ~) FP (Fm.J. PI8t) SIP (Site ~""4 PIID) LLA (Lot LiDo Mtutma) SIPI (SlPI ~ a...) :aL CBlutiaI P1rm11) SNR. (S1reet Naaao Olaup) ROW (1Uab&.or-W. P'aadt) VeaNtlCl3lExod; (V.. Removal Ptrndu) EXP ~ Pet:mit} LaD.cl O. PtdtlOll (\"lriae, CODdi.tio.aa! UN, VR8PP (Vea.IeoVllIIt Site PW P. IIUt) Boat Dock Ext.. Re&oat, PUD rezone, etc.) l1)R rr-s&r ot~ RJa:lm ) 11 Other. Deaibe: OIIrnhiwl 10. Pt'Ojeet or d..... DIIDII prapoICd for, or elread1 ~ ill, GOIIdombdum cbnaeaIt (If 1ppIicIb1e; ~ whethIr pl'OJX>>IId or ~ ~~'(J - ....... a/~ ra 231!(67....'K 1 I ChtckIid. IIOt COMettute Pruject 1ndI0I' Street NIDI ~ IDd i. I\; bject 10 ftJftbcr review by A~ SectiOa. . . _, J'OaSTAI'JI'tTII 01fl, y Pl'IfMry Nl.ImbIr J>U q ~Q Addreat NIDIller Addreu N\ablr AcUtaI. NUlIlber -- RECEfVEII ApprDwd '" j) ~ oJ< ~ t11..aa rY1 DfD; g-l~...O~ -.. -.. ....t..~.. .~ ..... .- .... ........ .... '. ,_." "..-.. .. ". .... . Section 3a. Section 3b. Section 3c. Section 3e. 6. -- Agenda Item No. 16A5 November 16, 2004 Page 5 of 19 CARNY -2004-AR-6724 CARNIV AL OPERATION PETITION October 22, 2004 A surety bond. Applicant is requesting a waiver of the surety bond due to the annual carnival being held on the Church grounds. Evidence of current public liability is herein attached to this petition from both our Church and the Tolve Presentations, Inc. Permit fee of $275.00 (fwo Hundred Seventy-Five dollars) is herein attached per check. 7. Information as you requested: Tolve Presentation, Inc., of 269 Orient Way Lyndhurst, New Jersey 07071, will provide the carnival rides again this year. Our Lady of Guadalupe Catholic Church, 207 South 9lb Street, Immokalee, Florida 34142, will sponsor said carnivaL As the Bishop's representative, Rev. Ettore Rubin, C.s., is solely responsible of the Church affairs. FOOD STANDS: Light foremostly Mexican and Haitian dishes, hamburgers, hot dogs, each being run by a team of five (5) persons. SOFf DRINKS will be served from two (2) booths separated by food stands. NO ALCOHOLIC BEVERAGES will be sold or allowed on the church grounds. MECHANICAL RIDES for children and adults, since the availability of rides contingents upon what other areas Tolve Presentation, Inc. is working at the time, it is almost impossible to know which specific rides will be offered. GAMES OF SKILL or chance will be the type not prohibited by Florida State law. ACTIVITIES: 1. Games of skill will be provided by Tolve Presentation, Inc. who will pay a fee percentage of the earnings. 2. Games run by Our Lady of Guadalupe: 1. Loteria (Mexican Bingo) Names and Social Security numbers of each person that is responsible for a booth. Since neither Mr. Tolve nor I, Father Ettore Rubin, will know ahead of time which particular worker will be at the carnival, I am unable to provide, at this time, their names or Social Security numbers. Our parishioners are as follows: 8. 4. Kitchen and Food Booths EMPLOYEE OR PARlSmONER Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner soc. SECURITY 449-80-9292 455-64-2495 463-58-6585 460-65-4373 263-64-4965 451-64-6861 265-73-9524 387-42-2946 NAME Gerardo Alfaro Natividad Ayala Adan Contreras Anastacio Contreras Gloria Contreras Norma Contreras Sylvia Contreras Natividad Gamez , Agenda Item No. 16A5 November 16, 2004 Page 6 of 19 Kitchen and Food Booths (Cont'd) EMPLOYEE OR NAME PARISHIONER SOC. SECURITY Dahlia Garcia Parishioner 262-83-0179 Salvador Garcia Parishioner 267-91-3047 Anis Gedeon Church employee 594-39-3280 Irma Gomez Parishioner 595-54-6020 Aurora Hernandez Parishioner 460-33-8391 Saturnino Hernandez Parishioner 460-33-9200 Artemio Lozano Parishioner 267-62-9181 Laura Lozano Parishioner 263-68-1167 Andres Marquez Parishioner 534-84-4685 Benjamin Marquez Parishioner 592-05-0861 Isabel Marquez Parishioner 266-93-7617 Jose A. Marquez Parishioner 266-79-7909 Jose M. Marquez Parishioner 092-42-8226 Maria Marquez ChW'Ch employee 261-04-5155 Nereida Marquez Parishioner 266-93-8520 Nora M. Marquez ChW'Ch employee 264-77-8255 Rucben Marquez Parishioner 092-42-8033 Digna Martinez Parishioner 261-97-4679 Rosa Martinez Parishioner 265-13-4519 Lucy Ortiz Parishioner 463-72-1256 Nefti1i Ortiz Parishioner 581-86-0094 6. For a description and sketch of the site, see next page. A water fountain is located in our parish hall, one outside the Soup Kitchen and another in the Church. We have eight (8) functioning toilets in different church buildings and we will rent eight (8) portable toilets for the duration of the carnival. 7. There are four (4) street lights in front of the church, eight (8) in the back and one (1) in the front of the Soup Kitchen. Power will be supplied by a generator from Tolve Presentations, Inc. for their own rides. 8. Plans for garbage, debris and sewerage disposal is as follows. Since our restrooms are permanently installed, we foresee no sewerage problems in this area. The portables will be serviced every day. The food concession booths will operate out of the "Soup Kitchen" and will enable us to use the facilities. Garbage and debris will be taken by truck to the local landfill daily. We have 3 dumpsters and 20 - 30 gallons garbage cans. The cans will be placed around the grounds. 9. Southwest Florida Security has been contacted. Jesse P. Morgan signed contract with Father Ettore Rubin, C.s. This Contract states that there will be three (3) anned and six (6) unarmed, uniformed and certified officers for security to our carnival. Fire extinguishers are available on the property for minor fires. 10. The carnival shall be held from Wednesday, November 24,2004 through Sunday, November 28,2004. The hours of the carnival shall be from 6:00 p.m. to 11 :00 p.m. 11. As a legal administrator of Our Lady of Guadalupe Catholic Church, I hereby give written consent for the carnival to be held on the Church grounds from November 24 through November 28, 2004. :.:,:.,~~.:~*:::':':>"'.::.:~r.: :",:,,:::::::"'-':';:':::::''!::';::~''S''':"7''::.?::.~;::,,~:.:..;:: :':';-:::}:'::"':-':::'''':~'''':~'::-"'::-'~-~':":;':"'~"::"-:':::";:~.~:~:".:::..:['.::''?: f: ""'"'....!.... '::""'::~:~!:Al~~~~~f6A5""v: .=. .~.:."".::" .... .'. ...,.....-,......---.F~~;,:.c94114s4.;121 . To' Our Lady of Guadalupe Church Page: 112 Date: 9f9f2OOZJ r%\RirM\:! .16' 2004 I. T~~~ ACOIm::CERTIFICATE OF LIABILITY INSURANCE 1 .... - 'I'HI$ C&Rl1flCATE iii IISUa) ASA MAl~ OFIMflOR8AT1Ot4 0llGIlUCI!lI J umfuR J'dAUAGHER & CO ONlY AW CONFERS KO RlGKTS Ul'Of'f THE csnFICAT! l200.NW 41.'sttHt. 8ta. m ~!R. THIS C!ltTFICATE DOn NOT AMSiD. EX'iEJIItl OR AI..; R THC CQVSV.aeAFFORDED BYTHE POUClES 8&LOW. . ~lemJf fL.3!1H - ...., .we. I t05 !l2..... . . INSURERiAFFORDlG ~ . 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"""_1lU1IDI ICI~.__ -...... ... ~ - ....... ., oj: JII . a...... oc=a . 0....- ~ M....JfDI ..... ., OUR ~y OF OUAr>>.lUPE CHURCH ., S I STREET tr1P~.&.1 FI=. Fl34142 eI-.oP · "110M ~lIOiO>> ....."""........... J ........CNO-. .__ ftlI....1IOf IIAW___ ___-.&....WOIl'lO... ~ ......,.... ____-..-. ...._...1MIUI't,IIlJT.....'f01O ~1IW,l. __..""-....~.IMt_....".........___ ~ A--. A'TWlN W Call, .,cATI MDl..DBt ACORD. ...... Agenda Item No. 16A5 ACORDlII CERTIFICATE OF LIABILITY INSURANCE Pa e~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAnON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Inc .- FL 33706 INSURED Tolve Presentat1ons, Inc. DBA: Third Generation 8628 Constitution Drive Homestead FL 33034 INSURERS AFFORD NG COVERAGE IN8lMlER A: T . H . E . Insurance INSUa:R B: IN8UlER C: IN8UlER D: NAJC ## THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED.w.ED /I1BI:NE FOR 1lE POlJC'( PERIOD INDICATED. NOlWlliSTANDlNG Nrf REQUIREMENT, TERM M CONDll1ON OF Nt( CON'TRACT M OllER DOCUMEMTWTH RESPECT TO YHCH THIS CER11FIC.ATE MAY BE ISSUED M MAY PERTAIN. THE I~CE AFFORDED BY THE POUCIES DESCRIBED tERBN IS SU8JECT TOH..L 1HE TERMS. EXClUSIONS AND CONDmONS OF SUCH I,...~ES. AGGREGATE UMITS SHOMI.....Y......ve BEEN REDUCED BY PAID C'-"'MS. INIIt _ POCJC'(~ POlJC'{ I!IlI'lRA 1ICIH ...... I GR.uL &MMJ1Y . 1,000,000 ~ X CClMMERCW.. GENERAL LWlllllY M4MF2582 04/17/04 04/17/0r:. c:ww:lE 10_ Rarn:tl . 50,000 I CLI\IMS MADE 00 OOCUR "ED 1'l/10/J..w__. I r-- PERSOlW- .IDIINJURV . 1,000,000 r-- GBEIW..~TE ,10,000,000 GEN'\.AGllAEGA.TE UMlT~T1PER: . CXlUPIOP NJG . 1,000,000 n PCUCY r 1 ~ LOC ~LN&JTY COUIlHeD SINGLE UNIT . Nf'( AUTO ... .-....0 '-- - ALL OWNED AlITOS IIODI.Y INJURY (I'w ....-l . - sctEtXA.EO AlITOS - HIRED AUTOS BOOLY INJURY . NON.QlMlED AlITOS (I'w -*IenO - - PROPERTY DAMAGE . (l'ar~ =F~ .NJTOON.Y. EAACCIDEHT . 0I1ER THAN EAN.'X:. . .NJTO ON. Y: N3G I ~=&U~WDE M4XF2583 04/17/04 04/17/05 EACH OCCURR!NCE . 1,000,000 11 AQGRE~TE . 1,000,000 R~ . . . . WClRIQIRI COWEIIIA1ICIH NIl) I Y<<: STATU- I 10J;t'" IIIft.Dn!RI' UIl8LIlY E.L ~.~ ._~ Nt( MClPRETOM'MTNERA:XECUT1\IE . ~ ElCCllJIlED'I E.L IllSEASE - EA EMPLOY'EE . ._ deIallMl unlIar I ~ I DISEASE - POl.ICY LIMn' . entER DI!!ICllP1ICIH 01' 0flEIIIA 11ClM$/ LOCA11ClM$/WIIlCU!II DCUIIDII AIlIIBJ .., "t1"O"'t~ I-.cw. ...,.,.... Effective from 11/22/04 through 11/30/04. NAME OF EVENT: OUR LADY OF GUADALAPE FESTIVAL. EVENT LOCATION: CHURCH GROUNDS, 207 SOUTH 9TH ST., IMMOKALEE I FL OUR LADY OF GUADALAPE 204 SOUTH 9TH STREET IMMOKALEE FL 34142 IHQUU) AIt't 01' lItE AIIO\IE _BED I'OUClES lII! CNlCB.LI!D IIEFOAE! lIE 1EllPlRA11ON DAlE 11tI!REOF, lIE ISSUlIIG lM$URER WI.L ENOEA'VOll. 10 IIAIL ~ DAYS WRITTEN N01lCE 10 THE Cl!R11FlCA 11! HOLDl!R NAIlED 10 11U! LEFT, BUT fAll.llRE 10 DO so IKALL "I'OSI! NO 08LJGA1ICIH OR LlABlU1Y OF NIY KI'ID UPON lHElNSUfU!II, ITS AGENTS OR R.EPlIESl!HTA AlITIfORIZED RB'REIEHTA1IYE ION 1988 A"'nDn~.. 1~N\4"'R\ Agenda Item No. 16A5 . . 1 j::, ?nnA ACORD", CERTIFICATE OF LIABILITY INSURANCE 'a~~nl 9/16/2004 Pft()l)UCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION B.VEGA'S INS. AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POB 781 309 MILBURN AVE. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LYNDHURST , N.J. 07071 201-804-9494 INSURERS AFFORDING COVERAGE HAlC. INSURED INSURER A: SELECTIVE INS. CO. 11169 TOLVE PRESENTATIONS INC. tHSURER B: 269 ORIENT HAY INSURER c: LYNDHURST, NJ 07071 INSURER D: ,201-933-3388 INSURER E: THE POlICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMeD MOo/E FOR THE. POlICY PERIOD INDICATED. NOTWITHSTANDING N{'( REQUIREMENT. TERM OR CONDmON Of N{'( CONTRACT OR OTHER OOCIMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE PQUCtES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS. EXClUSIONS AND CONDITIONS Of SUCH POlICIES. AGGREGATE LIUITS SHOWN MAY HAVE BEEN REDUCED BY PAIOClAItootS. ".': ~ POUCY~ POUCY EI'RClM poucy~llOIl LMTS ~ LlMUTY EACH OCCURReNCE $ '-- CClIoIIIlEACW. GeNERAL. IJA8IJ'IY ~._l $ I-- OCl.AlMSIWlEDOCCUR IIIED EXP(Any--1 s I-- PERSOtW. ~KNlNJURY $ GENERAL AGGREo.o.TE S I-- ~AOORnrn~~ PRODUCTS . COMf'l1OP N3IJ , POUCY ~ lOC ~UMIJIY COM8lNED SlHQl.E UMIT $ Nt( AUTO (Ell ea:ldal'<Il - - AU. ()MlE[lAUTOS BODll ylNJURY S SCHEWLED AUTOS IPW...-.. - I-- HM:D AIJlO6 8ClDL Y INJURY IPWea:ldal'<Il $ I-- IlQN.(lWNEDAUTOS - PROPERlY DAIoW3E $ IPWKlddenll R'=::m AUTOONlY.EAACClDEHT $ O1l1ERnwl EANX $ AUTOClNL Y: NJIJ $ EX.Cer'll...-u.A LlMUTY EACH OCCURRENCE $ :J OCCUR 0 Cl.AlMSIWlE AOOREo.o.TE $ - s R= $ s ~I $ woMatsCOlll'ENlAl1OIlAND I~ EII'L.O'tIIIS" IJM&,I1'l' ~C7228979 5/20/04 5/20/05 E.L EACH ACClOENT ,100,000. A -~ ,100,000. ....AC8I - EICUJIl8)? E.L DISEASE . EA EMPLOYEE ~~.- E.L DISEASE . POUCY l.MT $ 5"lJ0, 000 . one. --",110MOf' OPBlAl1ONI/l.OCATlOIIIIVIHClZIII EXCWIlOlIS /flIlOEI)W_ o-V"-rr IINCW.~ CERTIFICATE HOLDER COVERAGES ATTN: NORA OUR LADY OF GUADALAPE CHURCH 207 SOUTH 9th STREET IMMOKLEE, FL, 34142 239-6-9-3-3431 ,..57 ACORD 25(2001108) CANCELLA noN SHOULD MY Of 11E AlIO\II: 0ESC/lI8I!D I'OUCE5 IE CAHCSJ.ED BEFORE TIE EllPlRAllON DATE 1tEIIEOF. TIE l$SWlO IIlSURER WILL EMlEAVOlt TO MAIL ~ DAYS WAlTT1!Jl NOllCE TO l1E CERlFlCA TE HOLDER IlAMED TO THE LEFT. BUT FAI..UfIE TO DO so SHALL IiIl'OSE 1M) O8l.JQATlON DR UABlLITY OF NlY KN) ~ 11E lHSURf!R. ITS AGEHTS OR ..' . State of Florida Collier County Health Department Food Establishment Notification of Permit Fees Due Agenda Item No. 16A5 November 16, 2004 Page 12 of 19 I~ Identification Number 11-48..00180 Billing Code Fee Amount late .Fee Other 348L $ 160.00 0.00 0.00 For: Guadalupe Center 211 S 9th St Immokalee FL 34143 Bill To: Our Lady Of Guadalupe Cath.Chu POBox 1053 Total Amount Due $ 160.00 Date Due 09/30/2004 Immokalee FL 34143 Pleasl return the enUre bottom poI1Ion with your payment. The top portion (only) should be retained for YO'" records. ~A-YrJlt\f'" ~cf.i \Jill. 011Z.2.(Olt .. Tf{J\~K. Yt1U. . , , LOCATION: 207 9TH STREET SOUTH ZONED: BUSINESS PHONE: 657-2666 COLUER COUNTY OCCUPATIONAL UCENSE TAX LICENSE NUMBER: COWER COUNTY TAX COLLECTOR. 2800 N. HORSESHOE DRI\IE. NAPLES FLORIDA 34104 - (239) <403-2477 VISIT OUR V9'EBSITE AT: www.colliertax.com THIS LICENSE EXPIRES SEPTEMBER 30, 2005 DISPLAY A. T PLACE OF BUSINESS FOR PUBLIC INSPECllON FAILURE TO DO SO IS CONTAARY TO LOCAl. LAWS. 760288 LADY OF GUADALUPE CATHOLIC CHURCH NON-PROFIT ORGANlZA11ON - NOT TRANSFERABLE - FL 34142 NUMBER OF EMPLOYEES: ONE DAY LICENSE ClASSIFICATlON:CIRCUS. CARNIVAL, SIDE SHOW CLASSIFICATION CODE: 01800002 DATE 08111/2004 AMOUNT RECEIPT 1564.14 ~e~ ~ _._ ~_._._____.. .. .... ......._....._..____._.._.............................,~.~:rJ,::..;,...;...-..J.<_ UTH ~ Sour .11 t(,reflfN t qiH 5-((<.E;ET 6 ~ JO H aBed tOOZ '9 ~ JeqweA 9V9 ~ 'oN w8fl EI:lua PARJrUNG ! Otu! t.. ~ OLb CHvltH .' fA RK' NG ~Zfl lro1~ 11 --. .' .. c'HUfltCH LlllllJULlI III I I 11111'1""1 r .. Agenda Item o. November 16, 2004 Page 14 of 19 SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS: Name of event Our Lady of Guadalupe Catholic Church Annual Carnival Address of event 219 South 9th Street. Immokalee. Florida 34142 Date(s) of event November 24 - 28. 2004 Hours of operation 6:00 D.m. to II :00 D.m. Sponsor of event Our Lady of Guadaluoe Catholic Church Person in charge offood service Ettore Rubin. c.s. Phone (239)657-2666 or 657-6303 Number of food and beverage booths ----.H Estimated number of attenders expected at the event at one time? 3.000 Number oftoilets to be provided: Portable: Permanent: Male ( 5 ) Male ( 8 ) Female (5 ) Female (8 ) Method of toilet waste disposal: Immokalee Water & Sewer. Inc. and T&M Port-O-Let Services. Inc. Describe method ofliquid kitchen waste disposal: Immokalee Water & Sewer. Inc. Describe containers and method of solid waste disposal (garbage): 3 18l'2e dumpsters from Immokalee Disposal plus fifteen (15) 30-gaIlon trash cans Number of solid waste disposal containers provided: 3 dumpsters Describe facilities and method of hand washing: Sinks at Guadalupe Soup Kitchen and cooler with water SDOUts, soap and paper towels Describe facilities and method of utensil washing, rinsing and sanitizing: Sink at Guadalupe SOUD Kitchen Source of potable water: Immokalee Water & Sewer. Inc. and assorted gallon containers with water spouts. - Agenda Item No. 16A5 ~ November 16, 2004 Page. 15 of 19 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? Yes x No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete. and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64&11. Date: ((."':Jc..-t.a-~ 22 ),01- I - ~~eriff ~lln ~unter Agenda Item No. 16A5 November 16, 2004 Page 16 of 19 -. Collier County Sheriff's Office 3301 Tamiami Trail East Building · JM Naples, Fl34112 Telephone (AC 941) 774-4434 September 14, 2004 Norma Marquez Our Lady of Guadalupe Church 207 S 9. St ImmokaJee, FL 34142 Dear Ms. Marquez, The Collier County Sheriff's Office has been notified of your upcoming carnival dated Wednesday, November 24 thru Sunday, November 28, 2004. As in years past, we will provide extra patrol for the event If there are any questions, please call me at 239-657-6168. Sti )J~ U.'Do~ Immokalee Substation Comnwlder MLD/vr SBP.23'2004 10:16 2~9c5794e9 I~ok~lee Fire Dept .:)631AP.. 00211002 N genda tern o. 16A5 November 16, 2004 Page 17 of 19 ~'J ,~ r.'"EW MARXET ROAD. DIMOJCAI,.D., fLORID.\ .J4141 lMMOKA LEE FIRE cO?-.rmOL DISTRICf ~&cttlbcr 23.. 2004 Nora Marqtlez Ouadclupc O\lhoIic Chuteb 211 S. tj~ Sl rmmot.alec, Fl 3..1142 To Wham i l tt\ltY ~(JnC(,"l1l, ~.lInlllOkalec Fire C()n&rol Dial. will JICO'lde fire pr~QQion and jnspa.1itw1s for d~ e>>ruh'i,l )'tlU arc planning for Novembet 24-21. 2004. Picase provide the ~ 81~ IUnc \bellhe Stale ride IMpCclOt is IlChCduled for. When. ~ tU 1a~'OUt, keep in mind that the rue uucl's need 1IIDCeSS. ~ic.le ~ lcl..... II 24' rue lane around 1I~ n\i~~y. Fire exlinguist.eTs ~in be JIoCCIded per NFP.~ 10. Fife cxtitlgwshcrs mall be iospec:ud and C3ggICd as 1Cquircd. lr)'O(I shouki ~vc any qw;Q1ont.. reel fltC ,() c:a11 me III G37.2700. S~A~ Sh:1wn M. Hansell Finllospoctor (iP.~E!lAl OH'lCb (941H.51-2Jl1 FIRE.l"F.:rvPNT10N (941) (.~;..2.7IJO fAX (94l)6~7-9.c89 Jeb Bush Governor Agenda Item No. 16A5 November 16, 2004 Page 18 of 19 John O. Agwunobi, M.D., M.B.A. Secretary September 15, 2004 To whom it May Concern: Nora Marquez and Our Lady of Guadalupe Church have conducted an Annual Carnival every year for about the last ten years. The Lady of Guadalupe Church is getting ready for this event this year festivities from November 241h to November 281h 2004. They need to submit some of the paper and forms requesting our inspection, Sponsor Notification form for temporary events and Individual Booth Notification for Temporary Events, and Holding Tanks Onside Sewage Disposal System Permit from Department ofHea1th. This letter is to confirm the Health Department involvement and knowledge of the fair Events. If you have any questions you can contact me at 658-7321 or 658-7303. ~incerely, L~ L.~~~ Carlos E. Ruiz Environmental Specialist I Collier County Health Department. 419 N. 111 Street Immokalee. Florida · 34142.2200 Telephone (239) 658-7300 Joan M. Colfer, M.D., M.P.H., Director ,'.~Iier ' County Health Department CQJing...COfHIrlIIlod...H.ll'lIIg...D"'IaJt<tl To/.. W.lbrnn>lOllrC--, Mailing Address: 419 N. 1st Street Immokalee, Florida · 34142-2200 """""",.._..,..""-,.,;,;"",.,,,,,,,,,",,,.,,"">,,,,,,,,,_.,,,..,",,,,,,.,,,,.,, Agenda Item No. 16A5 Novernber16,2004 Page19of19 Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival and; WHEREAS, Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival will be conducted according to lawful requirements and conditions; and WHEREAS, said Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, to conduct a carnival on November 24, 25, 26, 27 and 28, 2004 in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of 2004. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney Agenda Item No. 16A6 November 16, 2004 Page 1 of 5 ,- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Tuscany Cove", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Tuscany Cove", a subdivision of lands located in Section 26 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERA TIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Tuscany Cove". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. ..,..-,. Engineering Services Department recommends that the final plat of "Tuscany Cove" be approved for recording. FISCAL IMPACT: The project cost is $1,458,962.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $568,088.00 - $890,874.67 The Security amount, equal to 110% of the project cost, is $1,604,858.94 .- Executive Summary Tuscany Cove Page 2 Agenda Item No. 16A6 November 16, 2004 Page 2 of 5 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $45,163.88 Fees are based on a construction estimate of $1,458,962.67 and were paid in April and October, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac)-$ 1,395.00 b) Construction Drawing Review Fee Water & Sewer (.75% canst. est.) - $ 4,260.66 c) Drainage, Paving, Grading (.75% const. est.) - $ 6,681.56 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $12,781.98 e) Drainage, Paving, Grading(2.25%const.est.) - $20,044.68 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval/etter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Tuscany Cove" for recording with the following stipulations: 1. Approve the amount of $1,604,858.94 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. Executive Summary Tuscany Cove Page 3 Agenda Item No. 16A6 November 16, 2004 Page 3 of 5 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department '- Aqenria Item No 16A6 - Novernbe, 16 2004 Page 4 of 5 COLLIER COUNTY BOARD OF COUNrr COMMISSIONERS ttem Number ttem Summary 16A6 Recommendation to approve for recording the fjnal plat of "Tuscany C-ove", approval of the standard form Construction and Maintenance Agreement and approval o11he amount 01 the per1orma"ce security 11116/20049:00:00 AM Meeting Date Prepared By Date John Houldsworth Senior Engjnt'(~r 11/5/2004 6~3G;35 AM Coll'thlunity Dev.~lopm(!Ilt &. Environmental Services EJI~litl..eritlH S(!fvic;es Approved By Sandra lea Executive Secret:ny Date CDmmunity Dt!velopment & Envil'Onmental S~rvi(:lM> ComtTllInity Development &. Euvinmrmmtul SC!rvie4!$ Admin. 11f5t2004 8:00 AM Approved By JOSE-ph K. Schmitt Community Dl1v~llopnlerlt 8. Envimnm~"tal Sl!'tvil;:l~!; Adftlitlllfr.,tor Date Community Development.\ Environmental Services Community Development & Environmental Se....'tces Admin. 1115/200" 8:56 AM Approved By Thomas E. KucH, P.E. COES E.ngineering Servkes Director Dale Conltnunity D(!VeJ()f1lnent & Environmental S~rvices COES Enllin(!f!rjng Sp.tVi(~nf; 11/5/20041:2'3 PM Approved By OMS Coordinator Administrath/@ Assistant Datt! County Managltr's Otficlt OtfiC:l~ ot N.Ulugmmmt &. Bud9ltt 11fR/200ol 8:17 AM Approved By Maril Isackson Budget Analyst Date Cuunty M..nage:r's Office OrTice of Managf:!mcnt & Budget f1.19{200... 8:32: AM Approved By Michael Smykows.ki Management & Budget Director Date County Manager's Office Office of Management & Budget f1/9J2'004 9:04 AM Approved By JalTm.t; V. Mudd COllnty Man<l!lm Dati!: Board of County Commis..s.ione,-s County Man<'gp.t^1i Otlicp. 11i9/2004 9:25 AM ~ (0""1.(') ~ ~ ~ <(0..... ~ ~ u (000 ~d "-"'1.(') o 'e ~ ci (0 Ol a . Z"" Q) ....ro EOlQ.. OloO ==E z roOl 0 -0> w- cO !=~ Olz ~ 000 OJ . 0 -.J <( i 0.. ~ ~ ~ ~ ~ <:t: ~ . ~ ~ ~! ~I W l- I - CJ) 3"NJS 01 ION / ____ - -- ~z ~ 00 ~ w- u. ~ -,~ ~ - ~, ~ ~ ~ ;'; 00 ~ 0:0 .; lL-.J ~ ~ 0.. ~ ~ i ~ 5. <:t: u_ ~- N~!:: = 0 ~ ~ ~ U! ~ ~ g S O~^3100a ""no, tS6 .~fO Z >- ~ 0 z ~ - ::J u. ~ 5 ~ I- 0 ~ ~ ~~~ 0 " 0 ~ r ~' <:t: w g W -l U ~t!l~ . 0 ~ ~~~ ....J ~ or ~E~ ~ 0 ~ 5~ . ~ . ~u p ~ w i ;i~ "- ~ ~ i ~ '" 65 - .. ". 6~ 6 lOL - ll"'lS~31Nt Agenda Item No. 16A 7 November 16, 2004 Page 1 of 5 /,...- EXECUTIVE SUMMARY Recommendation to approve an Amendment to Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program at an additional cost of $1,200. OBJECTIVE: To amend an Agreement for Sale and Purchase with Glenda S. Beardsley, Trustee, (Beardsley) extending the closing date from October 30, 2004 to December 15, 2006. CONSIDERATIONS: On July 27, 2004, Agenda Item 16A5, the Board of County Commissioners approved an Agreement for Sale and Purchase (Agreement) with Beardsley to purchase 1.14 acres in Unit 53, Golden Gate Estates, for the Conservation Collier program. .,.-..., The Title Commitment revealed that Beardsley obtained title via a tax deed sale and is unable to convey good and insurable title by the agreed-upon closing deadline and in accordance with the terms of the Agreement. Title will be insurable when the four-year statute of limitations expires on November 26, 2006. At that time, the original owner (taxpayer) is barred from challenging the tax deed. Beardsley was unable to cure this title objection within the thirty days allowed by the Agreement and is unwilling to take any additional steps, such as filing a quiet title suit, to cure the objection, but has agreed to extend the closing date to December 15, 2006 for an additional $1,200 above the existing purchase price of $10,700 for a total revised purchase price of $11,900. The attached Amendment serves this purpose and, with exception of the above changes, the terms of the Agreement will remain the same. The County has three options: (1) terminate the Agreement because Beardsley is unable to convey good title in accordance with the Agreement; (2) wait until 2006, reappraise and approach owner again with an offer; or (3) accept Beardsley's offer and amend the Agreement. The goal of Conservation Collier is to acquire all the property in Unit 53, but if the Agreement is voided the property may not be available in the future. Based upon the rate that property is currently increasing in the area of the subject property, the value in 2006 would greatly exceed the $1200 proposed. The additional $1,200 represents approximately a 5% annual increase while the values of property in the same area are doubling annually. Conservation Collier's Purchasing Policy states that the purchase price for property is to be based upon one appraisal from an independent, state-certified general real estate appraiser. Consequently, any amendment to the Agreement which provides for additional compensation requires approval by the Board of County Commissioners. The Conservation Collier Land Acquisition Advisory Committee considered this matter at its meeting on October 11, 2004 and after much discussion, unanimously recommended approval of the third option which is to accept Beardsley's offer and amend the Agreement. The attached Amendment has been reviewed and approved by the County Attorney's Office and Environmental Services Department. '- Agenda Item No. 16A7 November 16, 2004 Page 2 of 5 EXECUTIVE SUMMARY Amendment to Agreement for Sale and Purchase - 1.14 acres Page 2 FISCAL IMPACT: The total cost of this Amendment is $1,200. The funds will be withdrawn from the Conservation Collier Trust Fund (172) in FY07. As of November 16,2004, property costs for Conservation Collier properties under contract, including this property, total $23,983,150. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDA TION: Staff is recommending that the Board of County Commissioners approve and authorize the Chairman to execute the Amendment, and approve any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services / Facilities Management Department Item Number Item Summary Meeting Date Approved By William D, Lor-enz. Jr" P.E, Community Development & Environmentnl Services Agenda Item No 16A 7 Novenlber 16, 2004 Page 3 01 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A7 Recommendation to approve an Amendment to Agreemen! for Sale and Purchase for 1.14 acres under !he Conserva!lon Collier Land !o,cquisltion Program at an aadilional cost of S 1200 11/16/20049:00:00 AM Environmental Services Di~ctor Oatv Envirullmf!lltal Servicl~s 10'14120043;38 PM Dat~ Approved By Charie~ E. CUHillUton. JI'., SRIWA Administrative Services Real Estate Services Manager Facilities Management 10118.'20042.:29 PM Date Approved By Alexandra J, Sulor-lii COlnnlunity OIWf!lopM\t!llt & Environment;1Il Services Senior Environmental SplDeialist Environmental Services 10126/200411:11 AM Dat~ Approved By Skip Camp, C.F.M. Admlnis.trnti...c Services Facilities Mana9~ment Director Facilities Managt!ment 10/23/2D04 8:23 AM O1l11~ Approved By Sundra L~B CommunJty Development & Environlnental Services Exg,clItivt! ~cmlary COlnmunity Oevelopm.l1t & Envircmmefltal ServicEs Admin. 11J1/200411:38 AM ()alr Approved By Constance A. JohnsDn Conununity Ot!veJuf)tTH!nt &. En...iranm~ntul Smvic(!$ OperilhDn!L Analyst Community Ol!veh)pm(~nt & Environmental Service!> Admill. 11f1/2()()4 11:44 AM Dille Approved By Joseph K. Schmitt Community Development & EnyironmMtal Services. Communtty Development &. Environmental Services Adminstrator Community Development & Environmental Services Admin. 11/1/200412:31 PM Oatt~ Approved By OMS Coordirllll<lt County Manager's Office Administrativl~ As!;ist..nt Office of Management & Budget 11/1/2004 4;23 PM 1)i11I:E! Approved By Mar~ j'uckr.on County Manager's Office Budg~{ Analyst Office of Man3gemenr & Budget 1114/2004 11:38 AM Date Approved By Michael SITlYkow~ki County Man"~lt~r'~ Offtl:(~ Management & Budget Director Offjc:e of Mi'na!I\!:lTltmt & audy(~t 1115/200410:37 AM Date Approved By James. V, Mudd BOl1td of County Commissioners County MiJnager County Manager's Office 11;5/200411:51 AM CONSERVATION COLLIER Tax Identification Number: 39492200007(1.14 acres) Agenda Item No. 16A 7 November 16, 2004 Page 4 of 5 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT entered into this _ day of , 2004 by and between GLENDA S. BEARDSLEY, individually, and as trustee, whose address is 3550 Avocado Drive, Fort Myers, FL 33901, (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, the Purchaser and Seller have previously entered into an Agreement for Sale and Purchase dated July 27,2004 for a certain parcel of land ("Property"); and WHEREAS, the Seller obtained title via a tax deed sale and is currently unable to convey good title, the Purchaser and Seller are desirous of amending said Agreement to extend the closing date to a date beyond the four-year statute of limitations, but in no event later than December 15, 2006; and WHEREAS, as consideration for extending the closing date for twenty-four (24) months, the Purchaser and Seller are agreeable to additional compensation in the amount of $1 ,200. NOW, THEREFORE, in consideration of the mutual covenants and obligations provided within the said Agreement dated July 27, 2004 and other valuable consideration, the said Agreement is hereby amended to extend the closing date to no later than December 15, 2006 and to incorporate the additional sum of $1,200 into the purchase price for a total of $11 ,900. The Purchaser retains its right to object to the status of the title until such time as the four-year statute of limitations relating to tax deeds has expired and the title company is irrevocably committed to insuring title. 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 Amendment to 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 CONSERVATION COLLIER Tax Identification Number: 39492200007(1. t4 acres) AS TO SELLER: DATED: .' \ WITNESSES: rJ ~ 'I I . L IIII)~ / J, ~~!J (Printed tfame) /'- (Signature) 1-.' f-...... r - / ~.:: t.- <"' 1. (Printed Name) lET . '. t"f ' ,_. Approved as to form and legal sufficiency: ~&L GI (~,,~ Ellen T. Chadwell Assistant County Attorney Agenda Item No. 16A 7 November 16, 2004 Page 5 of 5 ~l,J I. J A 1 )-/ .'/,' ::t~. . ~ /" .tJ0_ .,-J (( . J':-CJL/_~;L-:..1, / GLENDAS.BEARDSLEY , ~. INDIVIDUALL Y AND AS TRUSTEE Agenda Item No. 16A8 November 16, 2004 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Quarry Phase 1A", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Quarry Phase 1A", a subdivision of lands located in Section 23 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Quarry Phase 1A". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code _ Section 10.02.04. Engineering Services Department recommends that the final plat of "Quarry Phase 1A" be approved for recording. FISCAL IMPACT: The project cost is $1,199,926.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $368,666.67 - $831,260.00 The Security amount, equal to 110% of the project cost, is $1,319,919.34 .- Executive Summary Quarry Phase 1A Page 2 Agenda Item No. 16A8 November 16, 2004 Page 2 of 5 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138326- Planning Services Revenue generated by this project: Total: $37,417.80 Fees are based on a construction estimate of $1,199,926.67 and were paid in April, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac)-$ 1,420.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 2,765.00 Drainage, Paving, Grading (.75% const. est.) - $ 6,234.45 c) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 8,295.00 d) Drainage, Paving, Grading(2.25%const.est.) - $18,703.35 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. - Executive Summary Quarry Phase 1 A Page 3 Agenda Item No. 16A8 November 16, 2004 Page 3 of 5 STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Quarry Phase 1A" for recording with the following stipulations: 1. Approve the amount of $1,319,919.34 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number Item Summary Meeting Date Agenda Item No. 16A8 November 16. 2004 f>ege 4 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 'GAB Recommendalion to approve for recording the final plat of "Quarry Phase 'l.A," approvalotthe standard tarm ConstruGtion and Mamtenance Agreement and approval of the amount of the per10rmance security 11/16/2004 9~OD:OO AM Prepared By Senior Engineer 10122f2004 10:1tl:58 AM John Hotlldswarth Community D~vl~loprmmt & Environmental Services Dot. EtlHineer,n<l 5f!rvi..l!s Thomas E, Kudo:, P,E, COES Engineering Services Director Date Approved By Cnmmunily Development & Envilnltmllntal Servic~ COES Enginel!!ring Servicn 10j22!200410:JO AM Sandra Lea Executive Secretary Date Approved By Community Deve-Iopment & EtwironmentalServicns Community Developtnent & E,nvitorunen1al Services Admin, 10127!2004 9:104 AM Constance A, John.s.OI\ Operations. An;alyst Date Approved By Cornmullity OI~\Hdopmmlt 8, Environmental Services CDmmunity Development ... Environmental Services Admin. 1(H2712004 9:31 AM Joseph K, Schmitt o.te Approved By Community Ocy,~h:..p.men1: & Envlrontnellt.1il1 St~tvjl:n$ Community Development & EnvirDnmental Services Admll1strator Community OevCl>lopment. & EnviwlIlJ1cntal Selvicel. Admin, 11111200412;26 PM Appro..d By OMS Coordinator County Mnnag(!r'1; Oftit:(! Administrative Assistant Dot. Otfi-ce of Managl!'.ment & Budget 11j1f2004 4:40 P.M Approved By Budget Analys.t Date Mark h.sckson County Managt::r's Office Office of Management & Budget 11/3/2004 2:03 PM Management & B\ldgC't Dimc:\.or Dale Approved By Michael SmyiHW('1ikr County Manager's Office Office of Management & Budget 11/5/2004 'Ii :35 AM County Manager Oat~ Approved By James V. Mudd Board ot County CDn)lnis,'S;lune-m County Ma:nager's Offi~e 1'115120041:06 PM ~ OJ '<T to <(0_ (000 ~ ~ ...-NtO ~ 0 . . OcOW H z"- OJ ~ <-.ro f EWQ.. J. ~ (j)-9 ~ -- >- ~Q; ~~ "''''' =""'" -0> N~ cO (j)Z OJ <( n.. <( ~ m UJ d j ~ Ii ~ - ~ en 0 a i is ~ z . 0 w- !::!< <nO ~ 0 --1 ~ ~ :nY:JS OJ. !OH / I- f - > ~ ~ d; :;: :::I ~: ~ ~~i ~ ~~ a "3 ~c !< ~ ~ -, -. ~ ~ ID~!: .., a ~ z~ z' ~ ~ ~ ! ~ ~ ~. -. n.. ::' ~ - ~ 0- N~ ~ o~ i - ~ ~ <( I ~ ~ >- f- ~. ~ z Z ;!.s ~ => ~ 0 -n -. 0 U N~-- :: ~ i - w ~ f z' ~ ~ w ~ --' <( """l\a1f1OlIlB'TlO:) ...VO U ~ 0 ~N ....J ~ i ~ n. o. ~ ~. - ~~ 0 ~ . r ~' ~ ~ ~~::: ~~~ ~i~ ~ ~i ~ . ~g~ . ~g~ ~ ~ ~- ~- """1\a1f1OlI""'" Agenda Item No. 16A9 November 16, 2004 Page 1 of 5 .- EXECUTIVE SUMMARY Recommendation to approve an Amendment to Agreement for Sale and Purchase for 3.79 acres under the Conservation Collier Land Acquisition Program at an additional cost of $1,000. OBJECTIVE: To amend an Agreement for Sale and Purchase with Glenda S. Beardsley (Beardsley) extending the closing date from October 30, 2004 to March 24,2005. CONSIDERATIONS: On July 27, 2004, Agenda Item 16A4, the Board of County Commissioners approved an Agreement for Sale and Purchase (Agreement) with Beardsley to purchase 3.79 acres in Unit 53, Golden Gate Estates, for the Conservation Collier program. .- The Title Commitment revealed that Beardsley obtained title via a tax deed sale and is unable to convey good and insurable title by the agreed-upon closing deadline and in accordance with the terms of the Agreement. Title will be insurable when the four-year statute of limitations expires on March 13, 2005. At that time, the original owner (taxpayer) is barred from challenging the tax deed. Beardsley was unable to cure this title objection within the thirty days allowed by the Agreement and is unwilling to take any additional steps, such as filing a quiet title suit, to cure the objection, but has agreed to extend the closing date to March 24, 2005 for an additional $1,000 above the existing purchase price of $38,000 for a total revised purchase price of $39,000. The attached Amendment serves this purpose and, with exception of the above changes, the terms of the Agreement will remain the same. The County has three options: (1) terminate the Agreement because Beardsley is unable to convey good title in accordance with the Agreement; (2) reappraise the property as of March 2005 and approach owner with a new Agreement based on the new appraised value; or (3) accept Beardsley's offer and amend the Agreement. The goal of Conservation Collier is to acquire all the property in Unit 53, but if the Agreement is voided the property may not be available in the future. Based upon the rate that property is currently increasing in the area of the subject property, the value in 2005 would exceed the $1 000 proposed. The additional $1,000 represents an approximate 5% annual increase while the values of property in the same area are doubling annually. Conservation Collier's Purchasing Policy states that the purchase price for property is to be based upon one appraisal from an independent, state-certified general real estate appraiser. Consequently, any amendment to the Agreement which provides for additional compensation requires approval by the Board of County Commissioners. The Conservation Collier Land Acquisition Advisory Committee considered this matter at its meeting on October 11, 2004 and after much discussion, unanimously recommended approval of the third option which is to accept Beardsley's offer and amend the Agreement. The attached Amendment has been reviewed and approved by the County Attorney's Office and Environmental Services Department. - Agenda Item No. 16A9 November 16, 2004 Page 2 of 5 EXECUTIVE SUMMARY Amendment to Agreement for Sale and Purchase - 3.79 acres Page 2 FISCAL IMPACT: The total cost of this Amendment is $1,000. The funds will be withdrawn from the Conservation Collier Trust Fund (172) in FY05. As of November 16,2004, property costs for Conservation Collier properties under contract, including this property, total $23,983,150. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan. RECOMMENDATION: Staff is recommending that the Board of County Commissioners approve and authorize the Chairman to execute the Amendment, and approve any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services I Facilities Management Department .-,,-. ttem Number Item summary Meeting Oate Agenda Item No. 16A9 November 10. 2004 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16AfJ Recommendation to approve an Amendment to f..,greement for Sale and Purchase for 3.79 acres under the ConservaHop Collier Land Acquisition Program at an additional cost of $1.000 11! 16/2004 9:00:00 AM Cindy M, Erb Senior PrOfll!rty Acquisition Spll'lclali~;.l 10!1.4,'2004 2:03:1S PM Prepared By Administrative Services Oat. Facilitie<; M.an.agement Approved By William D. LorC'llz. Jr., P.E Community Oe:velttpm(H!{ .& E.flllir<)"m~lItlll Set\llCtl'S Environmtl'lltal Service." Director Oat., En'JirDnmental Servif;l!ls 10/14/20043:"1 PM Financi.d Admtn & HO\J'iing Director Oat. Approved By Denton- Baker Community [)evuloprrnmt & En'./Ironnumtal Services Finaocial Admin. & Housing 10/104'200-43:57 PM Approved By Real Estate Servic~ti Manager Date Ch.iilrtes E. Carrington, Jr., SRlWA Administrative Services Faciln:ies Management 10/18/200.4 2:39 PM Alex.undm J, SlJlct;ki S'llnior E~nl/ironmf.'nlnl 'Spe:cialllit Oalt! Approved By Community O(!l(elupm(!nt & E.nvir<tnrrtenflll Ser\lil;~!!li E"vlmnmeflhJI Servictls 10{26J200411:18 AM Skip Camp, C.F.M Facilities Management Director Oat. Approved By Admini'iOtrative Service$ f"ilcilitie,. M.ln..gement 10'2".'20048:24 A.M Approved By Sandra Lea Communh:y Development & Environmental Services 0'" Executive Secretary Community Development & Environment.1 Services Admin, 1111/200411:311 AM Con.dance A. Johnson Date Approved By Community DevelopMlent & Environmental Services Qf)(lUStiOflli Analyu1 Community Deve~pment & Environmental SerJiceSi Admin. 11/1'2D041:17 PM Jos.aph K. Sehftlitt Dute Approved By Community Dl!''ieIDpmerJt & Environmental Sef\lie~s Community De\lelopment & En....ironmental Services Adminstrator COI'JImtini'ty OE!velopment & Eflvironmt!ntaI54!r./I(:('!$ Admin. 11/112004 2:46 PM OMB Coordinator Administrative As;!.i$tant Da" Approved By County Manager's Office Office of Management & Budget 1111120044:31 PM Mark 1~~aGk$.on Bud~l(!t Anuly~t Oate Approved By County Manager's Office Office of Management & 9ud{let 11/41200411:-47 AM Michael Smykowski Manogll'ment & Budget Director DatE' Approved By County M..lnagflr's OHM;e OffiCE! of M;m.~gemnnt & alJd~let 11JS/200410:39 A.M County Manager Dat. Approved By JaOlt!'s V. Mudd Board of County Cornmjs$il)ru~r!> County Manager's Office 1115/200412:02 PM CONSERVATION COLLIER Tax Identification Number: 39493840000 (3.79 acres) Agenda Item No. 16A9 November 16, 2004 Page 4 of 5 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT entered into this _ day of , 2004 by and between GLENDA S. BEARDSLEY, whose address is 3550 Avocado Drive, Fort Myers, FL 33901, (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, the Purchaser and Seller have previously entered into an Agreement for Sale and Purchase dated July 27,2004 for a certain parcel of land ("Property"); and WHEREAS, the Seller obtained title via a tax deed sale and is currently unable to convey good title, the Purchaser and Seller are desirous of amending said Agreement to extend the closing date to a date beyond the four-year statute of limitations, but in no event later than March 24, 2005; and WHEREAS, as consideration for extending the closing date for six months, the Purchaser and Seller are agreeable to additional compensation in the amount of $1,000. NOW, THEREFORE, in consideration of the mutual covenants and obligations provided within the said Agreement dated July 27, 2004 and other valuable consideration, the said Agreement is hereby amended to extend the closing date to no later than March 24, 2005 and to incorporate the additional sum of $1,000 into the purchase price for a total of $39,000. The Purchaser retains its right to object to the status of the title until such time as the four-year statute of limitations relating to tax deeds has expired and the title company is irrevocably committed to insuring title. 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 Amendment to 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: , Deputy Clerk DONNA FIALA, CHAIRMAN CONSERVATION COLLIER Tax Identification Number: 39493840000 (3.79 acres) Agenda Item No. 16A9 November 16, 2004 Page 5 of 5 AS TO SELLER: DATED: WITNESSES: /! ' ,J ~" C' ' ! .!. //,,:(;/ 7..~j;; (Signature) ,( C" I /1 /) V (Printed Na~) /1"1. ( "j '- l.1" !.2 c/. ,> ' ) 01::. 1----1.,.;1., ~)~Le~J.{Cc:r GLENDA S. BEARDSLEY, tI INDIVIDUALLY AND AS TRUSTEE .. I ,.--<'~ '- '.<. (;' ,. / (Signature) !'Co! "p '. !,(.,t.. (Printed Name) L t;(. (\, oj, ,.~,--( Approved as to form and legal sufficiency: ,~ y~- Ellen T. Chadwell Assistant County Attorney Agenda Item No. 16A 10 November 16,2004 Page 1 of 66 EXECUTIVE SUMMARY Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. OBJECTIVE: To have the Board of County Commissioners approve a resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. CONSIDERATIONS: The majority of operations within the Collier County Community Development and Environmental Services Division (CDES) are funded by fees paid by those engaging CDES' services. CDES fees were amended effective November 3, 2003 to reflect FY 2004 revenue equal to the anticipated FY 2004 expenses. Language within the Fee Schedule was further clarified on July 27, 2004, along with the institution of fees to fund the County's expenses associated with the ongoing monitoring of Planned Unit Developments (PUD). - CDES is requesting a variety of revisions to the fee schedule, which are separately listed in Attachment "C," to continue to balance funding of divisional activities in FY 2005. The revisions include the new rental housing inspection fees, which will fund County expenses associated with the newly Board-approved Property Maintenance Code (located in Fund 111). The other revisions to the fee schedule are intended to improve organizational consistency, clarify language, and include certain fees within the schedule that were previously approved by the Board but not specifically included in prior submissions. Included with this Executive Summary are: ]. Resolution with: . Exhibit "A," Fee Schedule . Exhibit "B," Fire Review and Inspection Fees . Exhibit "C," Building Valuation Data Table 2. Attachment "B" - CDES Fee Schedule - showing the additions and removals. Please note that the additions are depicted by a double underline, and the removals are depicted by a strike-through. 3. Attachment "C" - Summary of Fee Changes - Following are the specific fee changes noted in Attachment "C": 1. Change #16; "Payment in lieu of' fee for Pathways (Sidewalks and Bike Lanes)- Engineering. 2. Changes #27, #28, #29, #30, #32; fee increases for Zoning and Land Development Review. 3. Changes #34, #36; new Code Enforcement fees related to Certificate to Board Building and Rental Inspections. 4. Change #37; Code Enforcement - reinstatement of Public Vehicle for Hire fees that were erroneously omitted from previous fee schedules. 5. Change #38; new Code Enforcement fee related to Public Vehicle for Hire. 6. Change #43; fee increases to Fund 113, Building Review and Permitting. 7. Change #44; fee decrease in Fund 111, Comprehensive Planning Agenda Item No. 16A 10 November 16, 2004 Page 2 of 66 FISCAL IMP ACT: This Executive Summary requires no budget changes and/or reallocation of funds. These fees are incorporated into the FY 2005 budget presented to the Board on September 23,2004. GROWTH MANAGEMENT IMP ACT: There are no growth management impacts with this Executive Summary. RECOMMENDATION: That the Board approve the enclosed resolution and attached Exhibits A, B, and C, which adopt the proposed changes to the Administrative Code for the Fee Schedule. PREPARED BY: Michael S. Levy, Administrative Assistant, Financial Administration and Housing Item Number Item Summary Meeting Date Agenda Item No. 16A 10 November 1 b. 2004 Page :i of 66 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A10 Recommendation to have thl:;. Collier County Board Of County Commissioners adopt 3 Resolution amending the Collier County Administrative Code fee schedule of development related review and processing lees as provided for in Code of Laws Section :2 -11 11'1612004900:00 AM Prepared By Administrative Anistant 10127120043:26:25 PM Michael S, Levy Community Dev\!1"loplnl!lnt & Enyironmellml Service_'!> Date Financial AdmirL & Hou$ing Environmental Services Oin!ctor Date Approved By Willian! D. Lorenz:, Jr., P,E. Community Development & Environmental Servic.es Environnmlltal ServiC:fls, 101271200" 6:55 PM Shin lit~.inSl~H C(lmprehen!Oive Plannlllg Director Date Approved By Communny Development & Environmental SerJices Compreh~nslve Plannmg 10j'28/2004 10:25 AM Approved By Sandra Lea Communil:; D4!Vet(lfnnent &. Enyironmental SOnlicc.'5 Date Executive Secretary Community Dlr'olelopmont & Enviroflmenul Sl!Irvice.s Atllnln. 10/28/2004 10:53 A.M Oiredor Dot. Approved By Bil1lhmmond Communlty Developmen1 & Envi,onmental Services Buildin~1 Review ami Pmtnittinn 10/28)200-41:21 PM Zoning & L.and Oevelol)fl'le:nt Director Da1e Approved By SUli;an Murt.ay, AICF> Community Development & Envfronment;al SerJic:es. Zoning & Land De'Jlt>lopmMt Review 10/28/20044:00 PM CDES Engineering Services Direc.tor Date Approved By ThomS$ E. Kuck, P,E. CommunH:; l)~vei(lIUn0ht &. Environrmmtal Survicu'S COES Engineering Services 10/29/20049:51 AM Denton Baker Fitlallcial Admin & Hou~ing Director O:lte Approved By Community Development & Environmental Service'S Finntlciotl Admin. & Hmmi1l9 10/29/200" 9:55 AM Approved By Con.s.t,lIu;t! A. Jahns;(In Community De-velopment & Environmental Services DlItj~ Ol)f!tatiofl~ An~IIYfi,t Community Development & Environmental Servir.es Admin, 10i29/2004 10:00 AM Financial Operations Manager Date Approved By Garrett Mullee Community D(!velol)lTl~nt & Enyironmet'llal SnJVtcf!s Financial Admin. & Hou$ing 10/~i200"j 111:34 AM Michelle Edwards Arnold Code Enforcement Director Date Approved By Community Development & Environmental Services Code Enforcement 10(29/2Q04 10:56 AM Approved By Joseph K. Schmitt Community Dev~I(lI)mt-l1t & Environmenbll Sp.rvil:~!1i Community Dflvll'lopfl'lCmt & Environmentnl ServIce,> Admin.'Strotor Oatt! C<,mmullity Op.vclopment & El1virollmenta.1 Sef'\lice!;. Adlnin. 1111120042:55 PM Assistant County Attorney Date Approved By Petrick G, White county Attorney County Attorney Office 1111,'20043;24 PM Administrativl!' Ass.is1nl'tt Oal(! Approved By OMB Coordimltor County M;Jt\.I!J/!r'!\. Offici~ Offir.:e of Management... Bud!J~t 11/1/200>4 4:$2 PM Mark h.acks;on Budget Analyst Oat. Approved By CoonLy Mana-get's Office Office of Management & Budget 11/8/200411:52 AM Approved By Mic;hat!! Stllykowski Mana:ntllnent &. Budgd Dilo(:tl)r Date Agenda Item No, '16A10 November 16, 2004 Page 4 of 66 Counly M.anage_r's Office Of rice of ManOlgeme-nt & Budgd 11{812004 11~58 AM Approved By Janws V. Mudd County Matl<l~II~r Ollte Board of County COlnmis.s.K>ners t~(Iun1Y M,lfIagl?r';; Oflicl~ 11;3120044:16 PM Agenda Item No. 16 10 November 16, 2 04 Page 5 0 66 RESOLUTION NO. 2004-_ A RESOLUTION AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: PROVIDING FOR NEW AND REVISED FEES PERTAINING TO BOARD OF ZONING APPEALS INTERPRETATIONS & AND BOARD OF ADJUSTMENT & APPEALS HEARINGS; RENTAL INSPECTIONS AND CERTIFICATE TO BOARD BUll..DING; PUBLIC VEHICLE FOR HIRE; PUD AMENDMENTS; PARKING REDUCTION; ADMINISTRATIVE REVIEWS; AND STEWARDSHIP SENDING AREA PETITIONS; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY ADMINISTRATIVE CODE PURSUANT TO CODE OF LAWS SECTION 2-11; SUPERSEDING RESOLUTION NO. 2004-227; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Code of Laws and Ordinances, Section 2-11 provides that amendments to the Collier County Administrative Code may be adopted by resolution; and WHEREAS, the Board of County Commissioners desires to include the development related review and processing fees, which include the schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development pennits, development orders, development, construction, interpretations, enforcement inspection services, sales of documents review, resubmission, and any other zoning or development related services and any other services provided or costs incurred by or on behalf of the County within the Collier County Administrative Code; and WHEREAS, the Board of County Commissioners previously had approved Resolution No. 2004-227, establishing a fee schedule of development related review and processing fees on July 27, 2004; and WHEREAS, many operations within the Community Development and Environmental Services Division are supported by user fee revenues; and WHEREAS, it is staffs intent to continue to conduct annual cost/fee studies in an attempt to balance Fund 113 and Fund 131 operating costs with revenues; and WHEREAS, the revisions and clarifications in the fee schedule for certain development or building review related activities or petition types, including but not limited to, new and revised fees pertaining to the Board of Zoning Appeals interpretations & and Board of Adjustment & Appeals hearings; Rental Inspections and Certificate to Board Building; Public Vehicle For Hire; PUD Amendments; Parking Reduction; Administrative Reviews; and Agenda Item No. 16 10 November 16, 2 04 Page 6 0 66 Sending Area Petitions, as well as all other fees for site development plans, rezones, conditional uses, building permit applications, and related inspections are reflective of the actual cost of processing and reviewing such petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that the fees set forth as attached hereto and incorporated by reference herein as "Exhibit A," as well as the Fire Review and Inspection Fees in Exhibit "B," along with their associated building valuation data table set forth as attached hereto and incorporated by reference herein as "Exhibit C," are all fair and reasonable sums to be assessed to those who receive the benefits of the services, reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and permitting processes. BE IT FURTHER RESOLVED that this Resolution, relating to fees authorized by the ColIier County Administrative Code for all fee changes, be recorded in the minutes of this Board with an effective date of December I, 2004, and that Resolution No. 2004-227 is hereby superseded by the adoption of this Resolution effective as stated above, and that the Exhibits attached to this Resolution be included in, and be made a part of, the Collier County Administrative Code. This Resolution adopted after motion, second and majority vote. Done this day of ,2004. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk DONNA FIALA, CHAIRMAN 2 A enda Item No. 16A 10 November 16, 2004 Page 7 of 66 c Q c~ II .,. c o 11 IS t ;y BXHIBIT A COLLiER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE sec propo..d ver.ion, November 16, 2004 content.: A) ADM INISTRA TION .... ..... .................. ...................................................................................................................................................................... 2 B) BLAST1NG PERMITS & INSPECTION ..................................................................................................................................................................2 C} ENVIRONMENT AULANDSCAPING ................... ................................................................................................................................................. 3 D) EXCA V A TION PERMITS....................................... ................................................................................................................................................. 3 E) FIRE CODE REVIEW FEES..... ........ ....................... .............. ...... ....... ........ ............. ......... ....... .......... ...................... ...... ................................... ........4 F) SITE DEVELOPMENT PLANS ....... ......... ........,.... ...................... ................ ........... ........................ .......... ............. .............................. ...... ...............4 G) SUBDIVISION ................................................,...,......................................................,.,............................................................................... ............. 5 H) ENGINEERING INSPECTION FEES ..... ........ ...... .,. .... ..... .... .... ,............. ............ ........... ,.... ....... ............ ............ ............... .......................... ..... ........6 I} TEMPORARY USE PERMITS ........................................................................................................................................................... .......................6 J) WELL PERMITS/INSPECTIONS.. ... ........... .............,....... ....,. ....................................... ....... .... ........ .................................................... ,. ......... .......... 7 K} ZONING/LAND USE PETITIONS.. ................... ........... ............................................. ............ .............. ........................ ....................... ........... ....... 7-8 L} MISCELLANEOUS ................._.....,................ ....... .................................................................................................................................................... 9 M) BUILDING PERMIT APPLICATION FEE ...........................................................................................................................................................10 N} BUILDING PERMIT FEES ....................................................................................................................................................................................1 I 0) ELECTRICAL PERMIT FEES ...............................................................................................................................................................................11 P} PLUMB ING PERMIT FEES.......... ..... ....... ............ .... ............ ................... ... ... ............. ....... ..... .......... .......................... ............... ...... ..... .......... ........ 12 Q} MECHANICAL PERMIT FEES ............. .............. ........... ................................. ...................................................................................................... 12 R) FIRE PREVENTION AND CONTROL PERMIT FEES......................................................................................................................................... 13 S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES ...................................................................................................13 T) CHICKEES AND SIMILAR STRUCTURES..........................................................................................................................................................13 U) POOL OR SPA PERMIT FEES......................................................................................,........................................................................................13 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ........................................................................................................................................ 13 W) SIGN PERMIT FEES.................. ................................. ......... ................. ..................... ..... ........................ .............................................. ................ 13 X) CONVENIENCE PERM IT FEES............. ....... ..... .................. ................. ............... ................ ..... ............................. ...............- ................. ........ ...... 14 Y} REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS ............................................................................................ 14 Z} PERM IT EXTENSION ............................................................................................................................................................................................ 14 AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES....................................................................................................................14 BB) PRE-MOVING INSPECTiON FEES......................... _........ .......... ................................ ...... ....... ........... .............. ..... ............ ......... ........... ............. 14 CC) INSPECTION FEES.............. ............................................. ............... ............................ .......... ............ .............. ................ ....... ..... ............. ........... 14 DD) REINSPECTION FEES................................... ..................... ......................... .................. ............ ............ ..... ....... ............. ....................... ............. 15 EE) FAILURE TO OBTAIN A PERMIT .....................................................................................................................................................................15 FF) LICENSING....... ............ .................................................. ............................. ............... ............ ....... ..... ....... ............ .......... ................ ........... .......... 15 GG) DUPLICATE PERMIT CARDS ............. ....... .............. ......................................................................................................................................... 15 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ............................................................................................................................... IS II) PERMIT FEE REFUNDS ... ....... .......................................... ................ ................. ............. ........... ..... ............. ...... ..... ..................... ............ ............. 15 JJ)-RECORD RETRIEVAL ..... ................................. .............. ................. .... .................... ....... ..... ........... ............. ......... ......... ..... ............. ........... .......... 16 KK) COPY FEES.......................................................................................................................................................................................................... 16 LL) RESEARCH ............ ................................... .............. ....... ........... ........... .......... ....... ....... .............. ....... ..... ......... ....... .............. ..... ..... ...... ......... ....... 16 MM) SUBSCRIPTION SERVICE................. .................. ....... ...................................................................................................................................... 16 NN} ELECTRONIC DATA CONVERSION SURCHARGE...................................... ................................................................................................. 16 00) REGISTRA TJON OF RENTAL DWELLINGS ................................................................................................................................................... 16 PP) CERTIFICATE TO BOARD BILLING ........... ........................................... ........................................................................................................... 16 QQ) ADDITIONAL FEE REFUND PROVISIONS ...... ........................... .................... ................................................................................................ 17 RR) REFUND PROVISIONS..................... ............................................................................ ........................................... 17 SS) ADDITIONAL FEE PROVISIONS..............................................................................,................. ......... ....................... 17 TT) PUBLIC VEHICLE FOR HIRE FEES............... ......... .......... .................... ................... .................................... ................17 UU) "PAYMENT IN LIEU OF" FEE FOR PATHWAYS (SIDEWALKS. AND BIKE LANES)............................................................. .18 CDES Financial Administration, rev 11/8/04 msl page I A FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS. ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPLICABLE. WHERE AS PART OF A REZONING, PLAT OR SIMILAR APPLICATION TYPE, THE BOARD OF COUNTY COMMISSIONERS DIRECTS APPROVAL OF FUTURE DEVELOPMENT ORDERS DIFFERENT FROM THE STANDARD TYPE OF APPROVAL PROCESSES REQUIRED, THE DIRECTOR OF THE APPROPRIATE DEPARTMENT SHALL DETERMINE THE FEES TO BE APPLIED TO THE PROCESS NECESSARY TO MEET THE BOARDS REQUIREMENTS. THE APPLICABLE FEES SHALL BE THOSE WHICH MOST CLOSELY RESEMBLE THOSE CHARGED FOR SIMILAR PROCESSES INCLUDING EXTRA FEES FOR ADVERTISING AND THE LIKE. A) ADMINISTRATION 1) Officiallnterpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based on staff hours: Less than 20 hours $1.500.00.20 to 40 hours $3.000.00, more than 40 hours $5.000.00 2) Interpretation request submitted in conjunction with a land use petition or requested during site development plan review process. $250.00 3) Determination of Vested Rights. $100.00 (Plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination. $100.00 5) Amendment to Land Development Code. $3.000.00 6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC). $1000.00 (non-refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC). $1.000.00 (non-refundable) B) BLASTING PERMITS & INSPECTION 1) 30 day permit fee, non-refundable payable upon application. $250.00 2) 90 day permit fee, non-refundable payable upon application. $600.00 3) Yearly permit fee, non-refundable payable upon application. $1.500.00 4) Renewal pennit fee, non-refundable payable upon application. $200.00 5) After-the-fact fee, due to blasting without a permit. $10.000.00 6) Fine fee, per detonated shot with after-the-fact permit. $200.00 7) Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 8) Blasting Inspection Fee. $200.00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon completion, fees will be adjusted to reflect actual number of blasts. CDES Financial Administration, rev 11/8/04 msl page 2 A enda Item No. 16A 10 November 16, 2004 Page 9 of 66 C) ENVIRONMENT ALILANDSCAPING 1) Site Clearing Permit, first acre or fraction of an acre. $250.00 Each additional acre or fraction of an acre. $50.00 ($3,000.00 maximum) 2) Agricultural Land Clearing a. Land Clearing Notification $250.00 b. Land Clearing Permit $250.00 Each additional acre or fraction of an acre. $50.00 ($3.000.00 maximum) 3) Landscape Tree Removal Fee $250 4) Environmental Impact Statement (EIS) $1600.00, 2nd submittal $1.500.00. 3rd submittal $1.000.00, 4th and subsequent submittals $500.00 5) Landscape Re-inspection 151 $50.00, 20d $75.00, every inspection afterward $100.00 6) Vehicle on the Beach Permit Application. $250.00 (Permit fee shall be waived for public and non- profit organizations engaging in environmental activities for scientific, conservation or educational purposes). 7) Beach Nourishment Permits - $400 8) Special Treatment Review a. First five acres or less. $400.00 b. Each additional acre, or fraction thereof. $50.00 ($5,000.00 Maximum) 9) Coastal Construction Setback Line (CCSL): a. CCSL Permits $400.00 b. Variance - Petition. $1000.00 10) Sea Turtle Permit- a. Sea Turtle Handling Permits. $25.00 b. Sea Turtle Nesting Area Construction Permit. $200.00 c. Sea Turtle Nest Relocation. $100.00 11 ) Vegetation Removal Permit a. First acre or fraction of an acre less. $250.00 b. Each additional acre, or fraction thereof. $50.00 ($3,000.00 Maximum) 12) After-the-fact Environmental or Landscape Permits a. CCSL Variance Petition. 2x normal fee b. All other Environmental or Landscape Permits. 4x normal fee D) EXCA V A nON PERMITS 1) Annual Renewal. $300.00 2) Application (Private). $400.00 3) Application (Commercial). $2.000.00 4) Application (Development). $400.00 5) $150.00 per inspection paid in advance for 12 months 6) Reapplication: $300.00 plus $200.00 per month inspection fee 7) Cubic Yardage Review Fee: $200.00 first 5000 cy, plus $10.00 per additional 1000 cy with a maximum of $20,000.00 8) Time Extension. $150.00 plus $200.00 per month inspection fee CDES Financial Administration, rev] ]/8/04 ms1 page 3 November 16,2004 Page 10 of66 9) After-the-fact Excavation Permit. 4x annlication fee E) FIRE CODE REVIEW FEES 1) Fire Code Review fees associated with each of the following processes: a. SDP - Site Development Plan $200.00 b. SDP A - Site Development Plan, Amendment $150.00 c. SDPI - Site Development Plan, Insubstantial $100.00 d. SIP - Site Improvement Plan $150.00 e. SIPI - Site Improvement Plan, Insubstantial $100.00 f. PSP - Preliminary Subdivision Plans $150.00 g. PSP A - Preliminary Subdivision Plans, Amendment $100.00 h. PPL - Plans & Plat, Subdivision $100.00 i. FP - Final Plat $100.00 J. CONSTR - Construction Plans, SubdivisionlUtilities $100.00 k. Iep - Construction Plans, Insubstantial $100.00 1. DRl - Development of Regional Impact $200.00 m. DOA _ Development Order, Amendment $150.00 n. PUDZ - Planned Unit Development, Rezone $150.00 o. PUDA - Planned Unit Development, Amendment $150.00 p. PDI - Planned Unit Development, Insubstantial $100.00 q. RZ - Rezone, Regular Zoning $100.00 r. CU - Conditional Use $150.00 F) SITE DEVELOPMENT PLANS 1) Site Development Plan Review (SDP). $5000.00 a. plus $40.00 per DIU b. plus $100.00 per residential building structure; c. plus ill per square foot for non-residential d. plus $200.00 per building for non-residential. e. Additional fees for 3rd review $1.000.00, 4th review $1.500.00. 5th review $2.000.00, 6th and subsequent reviews $2.500.00 2) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staffs request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building permit application 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial Change. $400.00 for first sheet, $100.00 for each and every additional sbeet submitted. b. Additional fees for 3rd review $1.000.00, 4th Review $1.500.00, 5th and subsequent review $2.000.00 5) Site Development Plan Conceptual Review $750.00 CDES Financial AdminislJ'atiDn, rev Il/8/04 msl page 4 A enda Item No.1 A1 November 16, 2004 Page 11 of 66 6) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a. Construction Document Review. 0.75% of probable water and/or sewer construction costs b. Construction Inspection. 2.25% of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. $150.00 for first sheet, $75.00 for each additional sheet 8) Engineering Site Plan Review Fee a. Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction b. Construction Inspection 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction 9) Site Development Plan Amendment (SDPA) $2.500.00, a. Plus $40.00 per DIU plus $100.00 per residential building structure b. plus iJQ.per square foot c. plus $200.00 per building for non-residential d. Additional fees for 3rd review $1.000.00, 4th Review $1.500.00, 5th and subsequent review $2.000.00 10) SBR Fees a) Pre-Acquisition Meeting $500.00 (no refunds or credits) b) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre- application provisions apply) c) SBR Fee $5000.00 with hourly reconciliation at project completion for hourly variation greater than 10%, final project charges at $100.00 per hour for all associated staff hours 11) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4x the SIP/SDP application fee 12) Request for alternative architectural design $500.00, no separate or additional fee for appeals to, or requests for assistance from, the Architectural Arbitration Board. G) SUBDIVISION 1) Lot Line Adjustment (LLA) $250.00 2) Subdivision Review Fees (PPL), (PPLA) - a. Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping and any other appurtenant cost of construction b. Subdivision Inspection Fee 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction c. Construction Document Resubmission or Document Modification -Submit as Insubstantial Change $150.00 for first sheet, $75.00 for each additional sheet d. Subdivisions - 3rd and subsequent additional reviews - $500.00 e. Subdivisions - Substantial deviations from approval construction documents $500.00 3) Subdivision, Preliminary Plat (PSP)- a. Petition Application $1000.00 plus ~ per acre (or fraction thereof) for residential, plus $10.00 per acre (or fraction thereof) for non-residential; (mixed use is residential) 4) Subdivision Final Plat (FP) $1.000.00 plus $5.00 per acre (or fraction thereof) for residential, $1000.00 plus $10.00 per acre (or fraction thereof) for nomesidential; (mixed use is residential)r CDES Financial Administration. rev 11/8/04 msl page 5 A enda Item No. 16A 10 November 16. 2004 Page 12 of66 5) Additional review of construction plans for phased construction of subdivision improvements. $1000.00 per phase 6) Two-year Extension $150.00 7) Water and Sewer Facilities Construction Document Review 0.75% of probable water and/or sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs a. 3rd and subsequent re-submittals - $500.00 9) Water and Sewer Facilities Construction Inspection Fee 2.25% of probable water and/or sewer construction costs 10) Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 4x the PPL, PPLA, PSP, CNSTR or Final Plat Review Fee (FP). 11) Administrative Amendment $250.00 H) ENGINEERING INSPECTION FEES 1) Engineering Inspection Fee $150.00 perresidential dwelling unit (single or duplex only), charged at time of building pennit issuance. 2) Re-inspection Fees: 1 sf re-inspection $75.00. 2nd re-inspection $100.00. 3m and thereafter r.._ inspection $125.00 I) TEMPORARY USE PERMITS I) Beach Events Permits- a. Individual Pennit $100.00 b. Block of 25 calendar days $2.250.00 c. Block of 50 calendar days $4.500.00 d. Block of75 calendar days $6.750.00 e. Block of 100 calendar days $9.000.00 f. Block of 125 calendar days $11,250.00 g. Block of 150 calendar days $13.500.00 2) Temporary Use Permit Special Sales & Events. $200.00 3) Model Homes and Sales Centers $500.00 4) Construction and Development, Mobile home, Agricultural Zoning, and Temporary use for "Coming Soon" sign $125.00 5) Residential and Non-Profit Garage and Yard Sale Permits No Charge 6) Temporary Use Amendment. $100.00 7) Renewals or extensions requested after the expiration date $200.00 CDES Financial Administration, rev 11/8/04 msl page 6 8) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits. $275.00 9) Political Signs (Bulk Temporary Permit) ll..QQ 10) Fees for Temporary Use permits issued After the Fact, ATF: 2x normal fee J) WELL PERMITS/INSPECTIONS I) Hydraulic elevator shaft permit $300.00 2) Test hole permit (including 1st six holes) $300.00, each additional hole $20.00 3) Well permit (abandonment) $50.00 4) Well permit (construction, repair, or combined construction and abandonment at one site) $300.00 5) Well permit (monitoring) $150.00 6) Well Permit (modification of monitor/test well to a production well) $75.00 7) Well Reinspections a. First Reinspection $75.00 b. Second Reinspection $100.00 c. Third Reinspection $150.00 8) After the fact well permits 4x normal fee per violation. NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) WNINGILAND USE PETITIONS I) Pre-application meeting fee $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staff's request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $1.500.00 4) Conditional Use Permit $4.000.00 ($1.500.00) when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3.000.00 7) DR! Review (In addition to cost ofrezone) $10.000.00 plus $25.00 an acre (or fraction thereof) 8) DRI/ DO Amendment $6.000.00 plus $25.00 per acre (or fraction thereof) 9) DR!ABN - DR! Abandonment $1.500.00 10) Flood Variance Petition $1000.00 II) Interim Agriculture Use Petition $350.00 CDES Financial Administration. rev 11/8/04 ms) page 7 A November 16, 2004 Page 14 of 66 12) Non-Conforming Use Change/Alteration $1.500.00 13)Parking Exemption $1.500.00 14) Parking Reduction (Administrative) $500.00 15) Rezone Petition (PUD to PUD): $8.000.00 plus $25.00 an acre (or fraction thereof) 16) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (petitioner to pay this amount prior to advertisement of petition) 17) Planned Unit Development Amendments (substantial) $6.000 plus $25.00 an acre (or fraction thereof) 18) Planned Unit Development Amendment (Insubstantial) $1500.00 19) Rezone Petition (Regular) $6.000.00 plus $25.00 an acre (or fraction thereof) 20) Rezone Petition (to PUD) $10.000.00 plus $25.00 an acre (or fraction thereof) 21) Street Name Change (Platted) $500.00 plus $1.00 for each property owner requiring notification of proposed street name change. 22) Street Name (unplatted) or Project Name Change $500.00 23) Variance petition: $2.000.00 residential, $5.000.00 non- residential 24) Variance (Administrative) $1.000.00 25) Zoning Certificate: Residential: $50.00. Commercial:$125.00 26) PUD Extension - Sun Setting: $1000.00 27) Sign Variance Petition: $2000.00 28) Stewardship Receiving Area Petition (SRA): $7000.00 per SRA plus $25.00 per acre for. Stewardship Sending Area Petition (SSA): $9.500.00 29) After-the-Fact ZoninglLand Use Petitions 2x the nonnal petition fee 30) Land Use Petition Continuances a. Requested after petition has been advertised $500.00 b. Requested at the meeting $750.00 c. Resultant additional required advertising charged in addition to continuance fees. 31) PUD Monitoring a. $75.00 per dwelling unit within a PUD b. $0.10 per square foot for commercial or industrial construction within a PUD 32) Any legal advertising required during any CDES activity or approval process will be charged in addition to stated fees, at actual costs. CDES reserves the right to charge an estimated amount with the initially required project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of the project. 33) Administrative Review (minor changes to PUD Master Plan) $1.000.00 CDES Financial Administration, rev 1 118/04 msl page 8 L) MISCELLANEOUS 1) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports. $.50 as set forth in Resolution 98-498, as amended. 4) Reserved 5) The fee for researching records, ordinances, and codes shall be at no charge for tbe first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of I hour. 6) The fee for creating and designing special computer generated reports that are not a part of regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of I hour. 7)CD Burning: aQQ...floppy disk: $.50 8)Complete sets of Official Zoning Atlas Map Sheets $100.00 per set. 9)Photocopies of documents less than l1x17 inches: $0.15 one sided, $0.20 two sided, other sizes at cost of production a. Certified copy of public record $1.00 each. 10) Property Notification Address Listing: a. MS Excel spreadsheet on Disc $70.00 b. Print out on Paper $75.00 + $0.05 for every record over 1500 c. Mailing Labels $80.00 + $0.06 for every record over 1500 d. Print out on Paper + Mailing Labels $85.00 + $0.11 for every record over 1500 II) Comprehensive Plan Consistency Review a. CD's $300.00 b. Rezonings $750.00 c. Pud's or PUD Amendments: $2250.00 d. Letter of GMP consistency to outside agencies: $250 12) Plan Review Fee (for planning review of all building permit applications) a) Long forms: $75.00 per building permit application b) Express permits: $15.00 per building permit application 13) Project Meetings: Active applications under review for the following project types will be afforded one inter- departmental meeting at no charge: Planned Unit Development re-zonings and Site Development Plan applications (except for conceptual site plan approval and insubstantial change approval). Meeting requests for all other application types and additional meetings will be subject to the following fees: a. Meetings with Departmental Project Approval Staff member per applicant request, reviews and petitions in progress, $150.00 per one hour minimum, $75.00 per Y2 hour thereafter. Additional Department staff attending meeting per applicant request $75.00 per Y, hour per staff member. CDES Financial Administration. rev 1 1/8/04 msl page 9 November 16,2004 Page 16 of 66 b. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $250.00 per Yz hour thereafter. 14) Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft commercial ($5000.00 maximum) b. Building permit applications requiring COA process review not covered \U1der 12.a above $100.00 per building permit application. 15) Zoning Confirmation Letters a. Standard Response $100.00 (includes up to 1 hour research) b. Extended Research $100.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal $250.00 17) CDD a. Community Development District $15.000.00 b. Chapter 189 Special District, Independent or Dependent, $15.000.00 18) GMP Amendment a. Small Scale $9000.00 b. General $16.700.00 c. Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule provIStOns. d. Pre-application meetings for GMP consistency for development orders and zoninglland use petitions: $250 e. Pre-application meetings for GMP amendment petitions: $250 (to be credited toward application upon submittal) 19) Application for issuance TDR, $250 (non-refundable);plus ill per TDR issued and recorded (total fees not to exceed $2750) 20) Engineering Services a) Vacation of Easements: $1.000 21) Building Board of Adjustments and Appeals $250.00 M) BUILDING PERMIT APPLICATION FEE 1) A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91-56, as amended. 2) Application fee will be computed as follows: a. Single family and duplex $.05 per sq ft with minimum of $1 00.00 b. Multi-Family & Commercial $.05 per sq ft up to 10,000 sq ft, $.025 for over 10,000 sq. ft. 3) Maximum application fee shall NOT exceed $5.000.00. 4) Minimum fee of $50.00 for each of the following: plumbing; mechanical (Ale); CDES Financial Administration, rev 1118104 msl page 10 A enda Item NO.1 1 Novernber16.2004 Page 17 of 66 electrical; fue; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00. 5) The balance of the total permit fee will be collected at the time of issuance ofthe permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES I) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table "'(Exhibit B), whichever is greater. Valuation of construction costs ofless than $750.00- No permit or fee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. *SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cost, signs must secure permits as stated in Collier County Ordinance No. 2002-01, as amended. a. Valuation of construction costs of $750.00 through $4.999.99 - With one or no inspections $50.00, With multiple inspections $100.00 b. Valuation of construction costs of $5.000.00 through $49.999.99- With one or no inspections - $30.00 plus $6.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2.000.00. With multiple inspections - $80.00 plus $5.50 per thousand dollars, or fraction thereof, of building valuation in excess of $2000.00. c. Valuation of construction costs of $50.000.00 through $1.000.000.00 - $250.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of$50,000.00. d. Valuation of construction costs over $1.000.000.00 - $2800.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of$I.000.000.00. 0) ELECTRICAL PERMIT FEES I) The fees for electrical permits for new structures or placement or relocation of structures shall be computed as follows: a. $0.40 per ampere rating of all single-phase panel boards. b. $0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere. d. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be $50.00 per unit or tenant space. f. Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If CDES Financial Administration, rev 11/8/04 msJ page 11 A end a Item No. 16A 10 November 16. 2004 Page 18 of 66 inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES I) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of$50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $ 10.00 will be assessed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate of$1.00 per fIxture unit or c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of $50.00 shall be assessed for each grease trap. 3) The cost for retrofit piping shall be computed at the minimum fee of$50.00 per floor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be $50.00. Q) MECHANICAL PERMIT FEES I) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a. Residential occupancies: The mechanical permit fees shall be computed at the rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shalJ be $3.00 per ton. b. Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3.00; or The rate of$3.00 per 425 square feet of floor area, or fraction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of $50.00 per floor for each cooling tower, or $50.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 3) The minimum mechanical permit fee shall be $50.00. 4) A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. COES Financial Administration, rev 11/8/04 msl page 12 R) FIRE PREVENTION AND CONTROL PERMIT FEES 1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES I) The permit fee shall be $50,00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $75.00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. T) CHICKEES AND SIMILAR STRUCTURES I) The permit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section N oftbis Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. U) POOL OR SPA PERMIT FEES 1) For construction of each public pool or spa the fee shall be - a. Valuation of construction costs ofup to $4.999.99. $100.00 b. Valuation of construction costs of $5000.00 through $49.999.99: $80.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2.000.00. c. Valuation of construction costs of $50.000.00 through $1.000.000.00: $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50.000.00. d. Valuation of construction costs over $1.000.000.00: $3474.00 plus $3,00 per thousand dollars, or fraction thereof, of building valuation in excess of$1.000.000.00. 2) For construction of each private pool or spa the fee shall be: $100,00 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES I) Construction costs shall be calculated as follows: a. Screen Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution. W} SIGN PERMIT FEES I) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be $75.00. CDES Financial AdministratiDn. rev 1118/04 msl page 13 A enda Item No. 16A 1 November 16, 2004 Page 20 of 66 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection I of Sign Permit Fees. X) CONVENIENCE PERMIT FEES 1) Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects shall be $50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten ~ percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as-built drawings review: a. An itemized list of all changes made after permit plan approval. b. As-built plans that have all changes made after permit plan approval "clouded" . c. As-built plans and changes shall be signed and sealed by the engineer and/or architect ofrecord. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No chanze b. Second Correction to Plans. $75.00 c. Third & subsequent correction to plans. $100.00 Z) PERMIT EXTENSION I) The filing fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00. whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES I) The permit fee shall be $50.00 for the demolition of any building or structure. BB) PRE-MOVING INSPECTION FEES 1) The fee shall be $150.00 for the pre-moving inspection ofany building or structure. CC) INSPECTION FEES 1) A charge of$20.00 per inspection shall be assessed for inspections for which a permit is not necessary. CDES Financial Administration, rev 11/8/04 msl page 14 Novernber 16, 2004 Page 21 of 66 2) A user fee of$40.00 per inspection shall be assessed for inspections on a time specified basis. 3) A user fee of$120.00 per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) 4) First Partial inspection for single-family & tenant buildout. No charge 5) Second & subsequent partial inspections for single-family & tenant buildout. $25.00 DD) REINSPECTION FEES 1) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in an additional fee of$75.00 per inspection for the first re-inspection, $100.00 for the second re- inspection and $125.00 for the third and each successive re-inspection. EE) FAILURE TO OBTAIN A PERMIT 1 ) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1.000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING 1) The fee for licensing items is as follows: a. Letters of Reciprocity. $3.00 b. Contractors Change of Status. $10.00 c. Voluntary Registration of State Certified Contractors. $10.00 d. Pictures. tzJ2Q e. Laminating $1.00 (per license) GG) DUPLICATE PERMIT CARDS 1) The fee shall be $5.00 for the issuance ofa duplicate permit card for whatever reason. HH)CHANGEOFCONTRACTORORSUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00. This fee includes the issuance ofa new permit card. II) PERMIT FEE REFUNDS 1) If requested. in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. CDES Financial Administration, rev 11/8/04 msl page 15 November 16,2004 Page 22 of 66 JJ)RECORD RETRlEV AL I) No charge for retrieving records from inactive or remote storage including microfilmed documents KK) COpy FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than llx17 inches: $0.15 other sizes at cost of production. f. Microfilm or Blueprint copies: 18 X 24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 $5.00 per page g. Community Development self-service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.5 inches $0.15 per page inclusive of sales tax. LL) RESEARCH 1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the fIrst hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of I hour. MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year. The subscription year is from Oct. 1 through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE 1) A surcharge in the amount of3% of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A flat fee of$3.00 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. 00) REGISTRATION OF RENTAL DWELLINGS I) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - $30.00 b. Annual Renewal - $20.00 c. Late Fee - $10.00 per day 2) Rental Inspection a. Rental Inspection - $200.00 per unit b. Re-inspection Fee - $50.00 per re-inspection PP) CERTIFICATE TO BOARD BUILDING 1) Initial Boarding Certificate - ~ 2) Boarding Certificate Extension - $150 CDES Financial Administration, rev 1118/04 msl page 16 QQ) ADDITIONAL FEE REFUND PROVISIONS 1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, ifapplicable, the nature of the organization requesting the fee waiver. RR) REFUND PROVISIONS I) PAYMENT OF FEES: Full payment offees is required for a complete application. Department policy requires full payment of fees at the time of application submittal. No work will begin on staff review of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project. 2) There will be no refund of Plarming, Environmental, or Engineering related fees, except those applications which have been deemed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days from such notification, there will be no refund of submitted fees. 3) In no cases will there be refunds for pre-application fees, data conversion fees, appeals of administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of Department management. SS) ADDITIONAL FEE PROVISIONS I) In those cases where alternative methods or timing of payments for CDES services and / or fees listed in this schedule associated with SBR reviews are deemed to best serve the public good, the Community Development and Environmental Services Administrator will have the authority to approve such alternatives. Such alternative must be in writing and signed by all principals involved. In no case shall final C.O. or such certifications of project completeness be issued until payments due CDES are received in full. 2) All hourly fees are computed and charged from actual Divisional time tracking records. 3) All acreage totals used in fee calculations will be rounded up to the nearest whole acre. 4) When deemed essential for project review or approval, there will be no additional charge for any meetings requested by CDES staff. TT) PUBLIC VEHICLE FOR HIRE FEES I) The following fees shall be assessed for the Public Vehicle for Hire Program: a. Initial Application fee (new Companies) - $200 b. Certificate to Operate. $250 c. Vehicle Decal-l.2Q per vehicle d. Temporary Vehicle Decal - 12. per vehicle CDES Financial Administration, rev 11/8/04 msl page 17 November 16, 2004 Page 24 of 66 e. Driver Identification Card - ~ per driver f. Replacement Identification Card -liQ per card g. On-site Vehicle Permitting -ill per vehicle UU)"PAYMENT IN LIEU OF" FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES) l) Calculated using the current Florida Department of Transportation (FDOT) construction costs or an engineering estimate not to exceed twenty-five percent (25%) of the submitted application request's total project cost. CDES Financial Administration, rev 11/8/04 msl page 18 Agenda Item No. 16A 10 Novennber16,2004 Page 25 of 66 Exhibit B - Fire Review and Inspection Fees A) Fire Plan Review Fees. Architectural Reviews: <= $120,000.00 > $120,000.00 <= $600,000.00 > $600,000.00 <= $1,200,000.00 > $1,200,000.00 Fire Sprinklers Fire Pumps Underground Fire Line Pre-Engineered Fire Suppression Sys. Fossil Fuel Storage Systems Hoods LP Gas Fire Alanns Standpipes Tents Minimum Permit Fee Re-Review Fees .57% of Job Value .054% of Job Value .079% of Job Value .034% ofJob Value $50 + $.95 Per Head $27'S Each $100 + $.20 Per Foot New - $65 + $20 Per Bottle of Suppression Agent Existing - $65 + $2 Per Added or Altered Head Install, Removal or Abandonment - $70 + $50 Per Tank $85 Each Install, Removal or Abandonment- $55 + $10 Per Tank Zoned Systems - $90 + $ 15 Per Zone Intelligent Systems - $90 + $.65 Per Device Monitoring Only - $100 Residential Systems - $50 Each $50 + $5 Per Riser $50 Per Tent $100 Unless Otherwise Listed Above 2nd Re-Review - 20% of Original Fee - $75 Min. 3rd Re-Review - 35% of Original Fee - $125 Min. '4th Re-Review - 60 % of Original Fee - $200 Min. 5th Re-Review - 100% of Original fee- $300 Min. 6th or Subsequent Re-Review 150% of Original Fee - $500 Min. 7th Re-Review - Notify Business and Professional Regulation .> Agenda Item No. 16A 10 November 16, 2004 Page 26 of 66 B) Fire Code Compliance Inspection Fees: 'Ii 1) BUILDINGS - Square footage is defined as the total area of the structure(s) under roof. Construction Types I, II, In, N & V: New single story: $300.00 + $0.02 per square foot New multi story: $150.00 per floor, per tower + $0.02 per square ft Construction Type VI: All: $300.00 per floor + $0.03 per square foot Remodels & Alterations: All: $250.00 per floor, per tower + $0.15 per square ft 2) FIRE SPRINKLERS New: $300.00 per floor, per tower + $0.65 per head Remodels: $200.00 per floor, per tower + $1.00 per head 3) FIRE ALARM SYSTEMS New: $300.00 per floor, per tower + $0.65 per device Remodels: $200.00 per floor, per tower + $1.00 per device Monitoring: $100.00 per system 4) HOODS All: $200.00 + $1.00 per foot of duct 5) SUPPRESSION SYSTEMS Total Flood & Pre-Engineered: $50.00 per bottle + $2.00 per head 6) SPRA Y BOOTHS (total square foot of booth) All: $0.50 per square foot 7) UNDERGROUND FIRE LINES All: $100.00 + $1.00 per linear foot 8) STANDPIPES All: $100.00 per independent riser 9) FIRE PUMPS All: $300.00 each pump 10) LP GAS INSTALLATIONS Above Ground: $50.00 per tank Under Ground: $100.00 per tank 11) FUEL STORAGE INSTALLATIONS Above Ground$l 00.00 per tank Under Ground $150.00 per tank 12) HYDRANT RESTRAINTS All: $50.00 per restraint 13) ALTERNATNE WATER SUPPLY I DRAFT HYDRANTS All: $250.00 14) STREET NAME CHANGE -- L____ _ c Agenda Item No. 16A 10 Novennber16,2004 Page 27 of 66 All: $120.00 15) MISCELLANOUS & MlliIMUM PERMIT FEE Fire Retardant: $100.00 each structure Special Event Tent: $100.00 each Emergency Access J Electric Gates: $100.00 Minimum Permit Fee (not otherwise noted) $100.00 16) TIME SPEClFIC INSPECTIONS All: $75.00 each inspection - subject to availabili~y 17) OCCUPATIONAL LICENSE INSPECTIONS Inspection and one re-inspection: $75.00 2nd re-inspection: $50.00 additional 3rd re-inspection: $75.00 additional 4th re-inspection: $100.00 additional 5th and subsequent re-inspections: $200.00 additional 18) YELLOW TAGS (re-inspections) 1 st Fail; per unit $50.00 2nd Fail; per unit $75.00 3rd Fail; per unit $100.00 4 th Fail; per unit $250.00 5th Fail & each subsequent fail $500.00 per unit 19) RED TAGS (each incident) · Working without Permit Card on Site. . · Safety violations on site. · Combustibles on site without water supply (hydrants / approved alternative water supply). · Job sites inaccessible to fire apparatus. · Working without ColIier County Building Permit. EXCEPTIONS: 1) Structural permits for detached one and two family dwellings are exempt from fire prevention permit fees. 2) Permits that, in the opinion of the Fire Code Official, do not present a fire protection concern, i.e., swimming pools, concrete deck radio transmission towers, etc. shall be exempt from fire prevention inspection fees. *Note: Fire Districts may have additional fees, duly adopted by their local board of fire commissioners, for other various services such as open burning permits, fireworks display, etc. Please refer to the appropriate resolution of the fire district. EXHIBIT C BUILDING VALUATION DATA Agenda Item No. 16A10 November 16. 2004 Page 28 of 66 As a service to our members. 5BCCI offers the following building valuation data for the Standard Building Code@ and the IntematiOt Building Code@. The building valuation data represents the current average constnJclion costs per sq. ft. The average costs in clue structural, electrical, plumbing, mechanical, interior finish, normal site preparation (excavation and backfill for building). architectural design fees, overhead and profit When using this data, It should be notad that these are .average. costs based on typical construcl methods for each occupancy group and type of construction. These figures should be adjusted as appropriate. Occupancies ara divided into two categories: .good" and "average,"r to reflect the broad range of construction values. This data was compiled by 58 using the MarshaH Valuation SeNies as published by the Marshall and Swift Publication Company, Los Angeles. California. Note: Alabama is the base state for this table. Building Valuation Date produced March 31,2002. Data in the tables must be multipliad by the appropriate regional modifier. Type of Construction' Occupency I II III IV" v' Vf 1.HR I UNP 1-HR I UNP 1.HR I UNI STANDARD BUILDING COOEC Assembly AudltorlOOl - Good 131 126 101 64 62 100 96 66 62 - Average 96 93 73 45 42. 72 68 46 42 Church - Good 127 122 103 89 67 102 98 81 92 - Average 93 90 75 65 63 74 70 70 66 Gymnasium -Good 104 104 83 16 73 82 18 19 75 - Average 77 77 61 S4 52 60 56 57 53 Restaurant - Good 108 108 B9 82 80 88 85 85 - Average 81 81 70 62 59 69 65 66 - Theatal' -Good 123 119 88 78 76 85 81 81 77 - Average 92 90 62 55 53 61 57 58 54 Bu.I.... Office - Good 113 109 89 80 77 88 84 85 81 - Average 86 82 65 56 53 84 60 62 58 Research/Engineering -Good 72 69 63 57 55 62 58 59 55 - Average 53 51 45 39 37 44 40 41 37 SelVice Station - Good 108 104 87 85 82 86 82 72 68 - Average 98 94 73 70 68 72 68 61 57 Educetlonel School - Good 104 104 87 80 77 86 82 83 79 - Average 81 81 68 61 58 67 63 64 60 Fllctory~ndu.trIlll Factory (light MGF) -Good 44 42 44 38 36 43 39 41 37 - Average 30 29 33 27 25 32 28 30 26 HllZllrdolJ. (Sprinkler Syatem Included)' Hazardous -Good 46 43 46 40 38 45 41 42 38 - Average 32 30 35 29 27 34 30 32 ..~ Agenda Item No. 16A 10 November 16, 2004 Page 29 of 66 Type of Construction' Occupancy I II II IV' va VIS 1-HR I UNP 1-HR I UNP 1-HR I UNI InatItUtlonal Convalescent Hospital - Good 139 135 108 89 87 105 NIP' 101 NIP - Average 114 111 82 88 ae 81 NlP1 78 NIP Hospital -Good 199 195 159 89 87 158 NIP' 151 NIP - Average 151 149 119 68 66 119 NIP' 114 NIP Mercantlle Department SIOI'8S -Good 89 87 76 56 54 75 71 59 55 - Average 66 67 62 43 40 61 57 46 42 Mall Stores - Good 102 102 74 67 64 73 69 70 66 - Average 83 83 61 54 52 60 56 57 53 Mall-Coocoun18 - Good 60 80 59 58 54 58 54 58 54 - Average 63 63 48 43 41 45 41 45 41 Retail Store - Good 70 69 82 58 54 61 57 59 55 - Average 58 54 48 43 40 48 44 48 42 R_ldentlal Apartments - Good 64 80 70 63 61 89 65 65 61 - Average 66 63 65 48 48 54 50 51 47 Dormitories - Good 99 97 84 77 74 83 79 78 74 - Average 77 75 85 58 56 64 60 61 57 Homes for Elderly - Good 100 98 88 82 80 87 83 85 81 - Average 79 77 88 62 80 67 63 65 81 Hotel - Good 105 102 89 68 66 89 85 84 80 - Average 82 80 76 50 48 75 71 71 67 Motel - Good 105 102 73 88 BEl 73 69 71 67 - Average 82 80 55 50 48 54 50 53 49 Single Family ResidenceS - Good 90 87 77 70 68 76 72 70 66 - Average 68 65 57 51 49 56 52 52 48 Storage - Auto Pari<ing StNctU1'8 - Good 39 37 N/r>2 rwz N/r>2 N/r>2 N/r>2 rwz NID - Average 30 29 N/[J2 24 21 NfD2 NJD2 NID' NID Private Garage - Good 39 37 45 37 35 44 40 41 37 - Average 30 29 38 29 27 35 31 32 28 Repair Garage - Good 48 45 48 38 36 47 43 42 38 - Average 36 33 38 28 26 35 31 32 28 Warehouse -Good 49 47 39 33 31 38 34 35 31 - Average 38 34 29 23 21 28 24 26 22 Agenda Item No. 16A 10 November 16, 2004 Page 30 of 66 Notes: 1 . NIP-Not permitted by code. 2. NID-Insufficient data to determine average cost. 3. Unfinished basements $11 .81/sq. ft. 4. For sprinklered buildings in other than hazardous occupancies add $1.751sq. ft. 5. In Type IV, V, and VI, add $41,000 per elavator 6. A good building will normally have some components which are only average, but many will be better than average. A good building is well insulated to utility standards, with packaged or zoned air conditioning; and has more than the minimum code required plumbing fixtures, and lig. ....1J electric outlets, with good quality fixtures, Interior and ext finishes, and carpets. 7. An average building has minimum model energy c Insulation levels, wtth a forced air system, contains the minlr code required plumbing fixtures, lighting, electric outlets; anc average quality interior and exterior finish and minimum cal I Type of Conlltructlon. Occupancy n I III IV I V A B A I B A I B A u: Assembly INTERNAT10NAL BUILDING CODEe Auditorium - Good 131 126 64 62 100 96 101 66 62 - Average 96 93 45 42 72 68 73 46 42 Church -Good 127 122 89 87 102 98 103 81 92 - Average 93 90 85 63 74 70 75 70 66 Gymnasium - Good 104 104 76 73 82 78 83 79 75 - Average 77 77 54 52 60 56 61 57 53 Restaurant - Good 108 108 82 BO 88 85 89 85 q1 - Average 81 81 62 59 69 65 70 66 Theater -Good 123 119 78 76 85 81 86 81 77 - Average 92 90 55 53 61 57 62 58 54 Bualr'8A OffIce - Good 113 109 80 77 88 84 89 85 81 - Average 86 82 56 53 64 60 65 62 68 Research/Engineering - Good 72 69 57 55 62 58 63 59 55 - Average 53 51 39 37 44 40 45 41 37 Service Station - Good 108 104 85 82 88 82 87 72 68 - Average 98 94 70 68 72 68 73 61 57 Edu<:atlonal School - Good 104 104 80 77 B6 82 87 83 79 - Average 81 81 61 56 67 63 68 64 60 Factory-lndu.trta' Factory (light MGF) -Good 44 42 36 36 43 39 44 41 37 - Average 30 29 27 25 32 28 33 30 26 Hazardoua (Sprinkler System Included)" Hazardous - Good 46 43 40 38 45 41 46 42 38 - Average 32 30 29 27 34 30 35 32 '>13 Agenda Item No. 16A10 Novernber16,2004 Page 31 of 66 B A n I Type of Construction" I B A III I IV B A y C! A I I O<:cupanc:y Irwtltutl0R81 Convalescen! Hospital NIP' - Good 139 135 89 87 105 106 101 NIP - Average 114 111 68 86 81 NIP' 82 78 NIP Hospital NIP' -Good 199 195 89 87 158 159 151 NIP - Average 151 149 88 66 119 NIP' 119 114 NIP Mercantile Department Stores - Good 89 87 56 54 75 71 76 59 55 - Average 68 67 43 40 61 57 62 46 42 Mall Stores -Good 102 102 67 64 73 69 74 70 66 - Average 83 83 54 52 60 56 61 57 53 MaU-Concoul1le - Good 80 80 56 54 56 54 59 58 54 - Average 63 63 43 41 45 41 46 45 41 Retail Store - Good 70 69 56 54 61 57 62 59 55 - Average 56 54 43 40 48 44 48 46 42 R..ldentlal Apartments - Good 84 80 63 61 EI9 65 70 65 61 - Average 66 63 48 46 54 50 65 51 47 Dormitories - Good 99 97 n 74 83 79 84 78 74 - Average 77 75 58 56 64 60 65 61 57 Homes for Elderly - Good 100 98 82 80 87 83 88 85 81 - Average 79 n 52 60 67 63 68 65 61 Hotel - Good 105 102 68 88 89 85 89 84 80 - Average 82 80 50 48 75 71 76 71 67 Motel - Good 105 102 88 66 73 69 73 71 67 - Average 82 80 50 48 54 50 55 53 49 Single Family Residences - Good 90 87 70 88 78 72 n 70 66 - Average 68 65 51 49 56 52 57 52 46 Storage Auto Paridng Sltuctura - Good 39 37 N/[>2 NJD2 NJD2 NJD2 NID' NJD2 NID - Average 30 29 24 21 NJD2 NJD2 NID' NJD2 NID Repair Garage -Good 48 45 38 36 47 43 48 42 36 - Average 35 33 28 26 35 31 36 32 28 Warehouse - Good 49 47 33 31 38 34 39 35 31 - Average 36 34 23 21 28 24 29 26 22 Agenda Item No. 16A10 Novennber16,2004 Page 32 of 66 Occupancy I I II A B A I Utility Ind Miscellaneous Type of CoMtructlon' I A II B B A v G rv Private Garage - Good 39 37 37 35 44 40 45 41 37 -Average 30 29 29 27 35 31 36 32 28 Greenhouse - Good NJt1 NJt1 11.90 NIOZ NfD2 NW NIOZ NIOZ 5.71 -Average NJt1 NJt1 5.53 NIOZ NJt1 NW NIOZ NIOZ 3.7' Notes: 1. NIP-Not permitted by code. minimum code required plumbing fixtures, and lighting 2. NID-Insufficient data to determine average oost. electric outlets, with good quality fixtures, Interior and ext 3. Unfinished basements $11.81/sq. ft. finishes, and carpets. 4. For sprinklered buildings in other than hazardous 7. An average building has mirimum model energy ( occupancies add $1.751sq. ft. insulation levels, with a forced air system, oontains the minir 5. In Type II, Ill, and V, add $41,000 per elevator code required p1wnbing fixtures, lighting, electric outlets; and 6. A good building will normally have some oomponents which average quality Interior and exterior finish and minimum car are only average, but many will be better than average. A good building is well insulated to utility standards, with packaged or zoned air oonditioning; and has more than the REGIONAL MODIFIERS (For use with SBC and IBC) ALABAMA 1.00 IDAHO 1.11 NEBRASKA 1.09 TENNESSEE Birmingham 1.05 Knoxville Mobile 1.04 ILLINOIS 1.22 NEVADA 1.19 Memphis Opelika 0.95 Nashville INDIANA 1.15 NEW HAMPSHIRE 1.09 ALASKA 1.67 TEXAS IOWA 1.16 NEW JERSEY 1.30 Amartllo ARIZONA 1.09 Corpus Christi KANSAS 1.06 NEW MEXICO 1.03 Dallas/Ft. Worth ARKANSAS 0.97 Gallup 1.17 EI Paso Little Rock 1.03 KENTUCKY 1.11 Taos 1.21 Houston West Memphis 1.04 Covington 1.14 VIctoria New Port 1.14 NEW YORK 1.20 Waoo CALIFORNIA 1.27 Wichita Falls LOUISIANA 1.02 NORTH CAROLINA 1.03 COLORADO 1.13 Baton Rouge 1.02 Charlotte 1.05 UTAH Aspen 1.49 New Orlear1S 1.04 Raleigh 1.06 Shreveport 1.02 VERMONT CONNECTICUT 1.25 NORTH DAKOTA 1.13 MAINE 1.11 VIRGINIA DELAWARE 1.23 OHIO 1.14 Alexandria MARYlAND 1.13 Fredericksburg DISTRICT OF Baltimore 1.21 OKLAHOMA 0.99 Rictvnond COLUMBIA 1.19 Oklahoma City 1.08 MASSACHUSETTS 1.24 WASHINGTON FLORIDA 1.03 OREGON 1.21 Jacksonvnle 1.03 MICHIGAN 1.16 WEST VIRGINIA Miami 1.00 PENNSYLVANIA 1.17 Or1ando 1.09 MINNESOTA 1.20 WISCONSIN Tampa 1.08 RHODE ISlAND 1.23 MISSISSIPPI 0.98 WYOMING GEORGIA 1.02 Jackson 1.00 SOUTH CAROLINA 1.02 Atlanta 1.11 Columbia 1.03 Columbus 1.01 MISSOURI 1.09 Myrtle Beach 1.05 HAWAII 1.61 MONTANA 1.09 SOUTH DAKOTA 1.10 o c~ It"'...... fl.1" 1 ~ l> 1 () Novernber16,2004 Page 33 of 66 c e .,. c o It " t y A'1'TACBMEN'l' B S'l'RIKE-THROUGHS AND UNDERLINES COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE Bee Approved veraion, July 27 2004 Contents: A) ADMINISTRATION... ........................................ .............................................. ........................................................................................................ 2 B) BLASTING PERMITS & INSPECTION ..................................................................................................................................................... ............. 2 C) ENVIRONMENT AULANDSCAPING ....................................................................................................................................................... .............3 D) EXCA V A TION PERMITS ................ ........................................................................................................................................................................ 3 E) FIRE CODE REVIEW FEES .................. ............. ..... .................................................................................................................................................4 F) SITE DEV ELOPM ENT PLANS ................. .............. ... ............... ......... ............ ............................ ......... ............................... .......... ............................ 4 G) SUBDIVISION .................... ... .................. ........ .... ....... ....... .......... ..... ............................. ............... ......................... ............. .............. ......... ...............5 H) ENG INEERING INSPECTION FEES. ................................ ............. ....... ...... ................ ...... ...... .... ............ ...................... ........................... ..............6 I) TEMPORARY USE PERMITS ........................................................ ............................... ........................................................................................... 6 J) WELL PERMITS/INSPECTIONS.... ..... ......................... ... ............... ..... .......... ...... .......... ...... .......... ........................ ....... .................... .......... ..............7 K) ZON ING/LAND USE PETITIONS .... .................. ................ ................ ................ .......... ............ .... ............ ....... .............. ....................................... 7-8 L) MISCELLANEOUS .................. ............ ............ ........... ......... ................ ..................... ..................... ................. ....... ............ ....................... ........... 9-1 0 M) BUILDING PERMIT APPLICATION FEE ........................................................................................................................................................... II N) BUILDING PERM IT FEES. ............... ..... .............. ...... ... ...... ....................................... ....................................... .............. .............. ............... .......... II 0) ELECTRICAL PERMIT FEES.............. .... ....................... ........ ....... ..... ...................... ................ ....... ................. .... .......... ............ .................... ....... 11 P) PLUMBING PERM IT FEES ................................ ............... ..... ........... ......................... .......... ......... ................... ............. .............. ...... ......... ..... ....... 12 Q) MECHANICAL PERMIT FEES ........ ............................................. ........................................................................................................................ 12 R) FIRE PREVENTION AND CONTROL PERMIT FEES.........................................................................................................................................13 S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES ................................................................................................... 13 T) CHICKEES AND SIMILAR STRUCTURES. ......................................................................................................................................................... 13 U) POOL OR SPA PERMIT FEES............................................................................................................................................................................... 13 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ........................................................................................................................................ 14 W) SIGN PERMIT FEES .............................................................................................................................................................................................14 X) CONVENIENCE PERMIT FEES................................................................................................ ............................................................................ 14 Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS ............................................................................................14 Z) PERMIT EXTENSION ..................................................................... ....................................................................................................................... 14 AA) DEMOLITION OF BUILDING OR STRUCTIJRE PERMIT FEES ....................................................................................................................15 BB) PRE-MOVING INSPECTION FEES.. ... ...... .......... .................... .... .... ........... ......................... .............................. ...... ........................................... 15 CC) INSPECTION FEES....... ....... ............ .............. ............ .......... ..... ..... .......... ................................. ......... ........................... .......... .................. ........... 15 DD) REINSPECTI0N FEES. ..................... .......... ........ ...... .... ................ ............. ............... ..... ............ ................. ......... ........ ........................... ............ 15 EE) FAILURE TO OBTAIN A PERMIT .....................................................................................................................................................................15 FF) L1CENS ING ......................... ............ ..... ................................................... .................. .................. ........ ......... ............. ..... ............................ ........... 15 GG) DUPLICATE PERMIT CARDS .............................................................................................. ............................................................... ..............15 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ................................................................................................................................16 II) PERMIT FEE REFUNDS ........ ..................................................................... ...................................................................................... .....................16 JJ}RECORD RETRlEV A L . ....... ....... ..... ..... ........... ... ....... ....... ............. ............. ................ ....... ....... .......... ....... .............. ...... ................ ... ...... ....... ........ 16 KK) COPY FEES............... .............. .............................. ..... ............................... ............................................ ..... ..........................................................16 LL) RESEARCH.. ............. ........ .............. ................ ... .......... ........ ......... ..... .... ................ ...... .......................... ..... ............. ...................... ....... ........... ..... 16 MM) SUBSCRIPTION SERVICE... ..... ......... ........ .... ......... ..... ............... ........... .................. ....... ... ......... ......... .............. ..... ............... ............... ............ 16 NN) ELECTRONIC DATA CONVERSION SURCHARGE....................................................................................................................................... 16 00) REGISTRATION OF RENTAL DWELLINGS ...................................................................................................................................................17 PP) CERTIFICATE TO BOARD BILLING ................................................................................................................................................................ 17 QQ) ADDITIONAL FEE RERJND PROVISIONS ..................................................................................................................................................... 17 RR) REFUNDPROVISIONS...................................................... ......... ............................ ................. ................. .......... ..... .18 SS) ADDITIONAL FEE PROVISIONS......................... ..... ..................... ......................................... ......... .............. .......... ...18 IT) PUBLIC VEHICLE FOR HIRE FEES...................... ......................................... ...................... .............. .................. ..... ..18 UU)"PAYMENT IN LIEU OF' FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES)............................................................. 19 CDES Financial Administration, rev 1118104 msl page 1 FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS. ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIA TE DEPARTMENT, AS APPLICABLE. WHERE AS PART OF A REZONING. PLAT OR SIMILAR APPLICA nON TYPE THE BOARD OF COUNTY COMMISSIONERS DIRECTS APPROV AL OF FlmJRE DEVELOPMENT ORDERS DIFFERENT FROM THE STANDARD TYPE OF APPROVAL PROCESSES REOUIRED. THE DIRECTOR OF THE APPROPRIATE DEPARTMENT SHALL DETERMINE THE FEES TO BE APPLIED TO THE PROCESS NECESSARY TO MEET THE BOARDS REOUIREMENTS. THE APPLICABLE FEES SHALL BE THOSE WHICH MOST CLOSELY RESEMBLE THOSE CHARGED FOR SIMILAR PROCESSES INCLUDING EXTRA FEES FOR ADVERTISING AND THE LIKE. A) ADMINISTRA nON I) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based on staff hours: Less than 20 hours $1.500.00,20 to 40 hours $3.000.00. more than 40 hours $5.000.00 2) Intemretation reauest submitted in conjunction with a land use oetition or reauested durin!! site develomnent olan review orocess. $250.00 lRterpretatiaB feEltiest Stib~ea in 6aBjlHlettell with a laBEl Y5e petitiaB ar reEJtiested dYriBg aB applieatiea ravie?1 prasess. $250.00 3) Determination of Vested Rights. $100.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination. $100.00 5) Amendment to Land Development Code. $3,000.00 6) Appeal ofan Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC). $1.000.00 (non-refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC). $1.000.00 $5()().90 (non-refundable) B) BLASTING PERMITS & INSPECTION I) 30 day permit fee, non-refundable payable upon application. $250.00 2) 90 day permit fee, non-refundable payable upon application. $600.00 3) Yearly permit fee, non-refundable payable upon application. $1.500.00 4) Renewal permit fee, non-refundable payable upon application. $200.00 5) After-the-fact fee, due to blasting without a permit. $10.000.00 6) Fine fee, per detonated shot with after-the-fact permit. $200.00 7) Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 8) Blasting Inspection Fee. $200.00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon completion, fees will be adjusted to reflect actual number of blasts. CDES Financial Administration, rev 1118/04 ms1 page 2 IlIorn 11.1" ~c::^~" November 16, 2004 Page 35 of 66 C) ENVIRONMENT ALfLANDSCAPING I) Site Clearing Permit, first acre or fraction of an acre. $250.00 Each additional acre or fraction of an acre. $50.00 ($3,000.00 maximum) 2) Agricultural Land Clearing a. Land Clearing Notification $250.00 b. Land Clearing Permit $250.00 Each additional acre or fraction of an acre. $50.00 ($3,000.00 maximum) 3) Landscape Tree Removal Fee $250 4) Environmental Impact Statement (EIS) $1600.00. 2nd submittal $1 500.00. 3rd submittal $1.000.00. 4th and subseauent submittals $50000 5) Landscape Re-inspection 1st $50.00, 2nd $75.00. every inspection afterward $100.00 6) Vehicle on the Beach Permit Application. $250.00 (Permit fee shall be waived for public and non-profit organizations engaging in environmental activities for scientific, conservation or educational purposes). 7) Beach Nourishment Permits - $400 ReSeFyea 8) Special Treatment Review a. First five acres or less. $400.00 b. Each additional acre, or fraction thereof. $50.00 ($5,000.00 Maximum) 9) Coastal Construction Setback Line (CCSL): a. CCSL Permits $400.00 PeFRlit DuBe 'Nalke.teF. $ISQ.OO b. Variance - Petition. $1000.00 e. Peflftit Dime ResteFH!9fl.. S299.99 10) Sea Turtle Permit- a. Sea Turtle Handling Permits. $25.00 b. Sea Turtle Nesting Area Construction Permit. $200.00 c. Sea Turtle Nest Relocation. $100.00 11 ) Vegetation Removal Permit a. First acre or fraction of an acre less. $250.00 b. Each additional acre, or fraction thereof. $50.00 ($3,000.00 Maximum) 12) After-the-fact Environmental or Landscape Permits a. CCSL Variance Petition. 2x normal fee b. All other Environmental or Landscape Permits. 4x normal fee D) EXCA VA TION PERMITS I)Annual Renewal. $300.00 2)Application (Private). $400.00 3)Application (Commercial). $2.000.00 4)Application (Development). $400.00 5)$15000 Der insDection Daid in advance for 12 months. MeBtlHy iBspeetiell. fee (eemmereial, eevelOflmeat & J3ri','ate) $299.99 per JBeBtft 6)Reapplication: $300.00 plus $200.00 per month inspection fee CDES Financial Administration. rev 11/8/04 msl page 3 November 16, 2004 Page 36 of 66 7)Cubic Yardage Review Fee: $200.00 fIrst 5000 cy, plus $10.00 per additional 1000 cy with a maximum of $20,000.00 8)Time Extension. $150.00 plus $200.00 it 1 00.00 per month inspection fee 9)After-the-fact Excavation Permit. 4x application fee E) FIRE CODE REVIEW FEES 1) Fire Code Review fees associated with each of the following processes: a. SDP - Site Development Plan $200.00 b. SDP A - Site Development Plan, Amendment $150.00 c. SDPI - Site Development Plan, Insubstantial $100.00 d. SIP - Site Improvement Plan $150.00 e. SIP I - Site Improvement Plan, Insubstantial $100.00 f. PSP - Preliminary Subdivision Plans $150.00 g. PSPA - Preliminary Subdivision Plans, Amendment $100.00 h. PPL - Plans & Plat, Subdivision $100.00 1. FP - Final Plat $100.00 J. CONSTR - Construction Plans, SubdivisionlUtilities $100.00 k. ICP - Construction Plans, Insubstantial $100.00 1. DR! - Development of Regional Impact $200.00 m. DOA - Development Order, Amendment $150.00 n. PUDZ - Planned Unit Development, Rezone $150.00 o. PUDA - Planned Unit Development, Amendment $150.00 p. PDI - Planned Unit Development, Insubstantial $100.00 q. RZ - Rezone, Regular Zoning $100.00 r. CU - Conditional Use $150.00 F) SITE DEVELOPMENT PLANS I) Site Development Plan Review (SDP). $5000.00 a. plus $40.00 per DIU b. plus $100.00 per residential building structure; c. plus .t.!Q per square foot for non-residential d. plus $200.00 per building for non-residential. e. Additional fees for 3rd review $1.000.00. 4th review $1.500.00, 5th review $2.000.00. 6th and subsequent reviews $2.500.00 2) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) a Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. . Second and subsequent pre-app meetings at staffs request will be held at no charge to the applicant. . Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building permit application 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial Change. $400.00 for fIrst sheet, $100.00 for each and every additional sheet submitted. b. Additional fees for 3rd review $1.000.00. 4th Review $1.500.00, 5th and subsequent review $2.000.00 CDES Financial Administration, rev 11/8/04 msl page 4 1- Itpm Nn 1RA10 November 16, 2004 Page 37 of 66 5) Site Development Plan Conceptual Review $750.00 6) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a. Construction Document Review. 0.75% of probable water and/or sewer construction costs b. Construction Inspection. 2.25% of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. $150.00 for first sheet, $75.00 for each additional sheet 8) Engineering Site Plan Review Fee a Construction Documents Review Fee 0.75% ofDrobable Pavinl!:. Gradinll. Draina2e. Lilzhtin2. Code Minimum LandscaDinl!: and anv other annurtenant cost of construction Ceas1nleaeB Dee\lfft8Rt6 Re'/iew 9.73% efpreeahle eest efeeBStNeaes efreadwayrs, lkainage &. staFRlwater HllHlllge!Best system b Construction InsDection 2.25% ofDrobable PaviDlz. GradiDlz Drainal!:e. Lil!:htinl!:. Code Minimum Landscaninl!:. and anv other annurtenant cost of construction CeD!ltmeaes lBspesaeR Ulli af prabaele eest af eaRStmsaes afresav.'.y, millage &. stermw&ter maBage!BeRt ~rstem 9) Site Development Plan Amendment (SDPA) $2.500.00, a. Plus $40.00 per DIU plus $100.00 per residential building structure b. plus t1Q..per square foot c. plus $200.00 per building for non-residential d. Additional fees for 3rd review $1.000.00. 4th Review $1.500.00, 5th and subsequent review $2.000.00 10) SBR Fees a) b) Pre-Acquisition Meeting $500.00 (no refunds or credits) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre- application provisions apply) SBR Fee $5000.00 with hourly reconciliation at project completion for hourly variation greater than 10%, final project charges at $100.00 per hour for all associated statThours c) 11) V iolation of the conditions of approval of the SDP /SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4x the SIP/SDP application fee 12) Reouest for alternative architectural desil!:n $500.00, no seoarate or additional fee for aooeals to. or reauests for assistance from. the Architectural Arbitration Board. G) SUBDIVISION 1) Lot Line Adjustment (LLA )$250.00 I I I I 1.- 2) Subdivision Review Fees (PPU. (PPLA)- a. Construction Documents Review Fee 0.75% ofnrobable Pavinl!:. Gradinl!: Drainal!:e. Lil!:htinl!: Code Minimum LandscaDinl!: and anv other anDurtenant cost of construction CesstfUeties DesameBt &Illi ef prebaBle eest sf s0asweaes b. Subdivision InsDection Fee 2.25% oforobable Pavinl!:. Gradinl!:. Drainalle Lillhtinl!:. Code Minimum LandscaDinll and anv other anDurtenant cost of construction Ceastraeti9R DeslUBeRt ReSYBmissisB ar DeeuB'leRt MeelifieatieB 8uhHlit as bl6w8stlHNial CBaage SlSQ.9g fer first Meet, ~ fer eaeR atlaitieRaI sReet c. Construction Document Resubmission or Document Modification -Submit as Insubstantial Chan2e $150.00 for first sheet. $75.00 for each additional sheet S1:lh8ivisless 3rli eEl Sl:lBSeEtYGst aelditieRal revie'::s ell SYBstaatial deviatleas Ram 8"rS";81 eeBSB'listieB aeswmems ~ CDES Financial Administration, rev 11/8/04 msl page 5 d. 3rd and subseauent additional reviews - $500.00 8~(ii';isiaR lflspeSQ9Jl. Fee 2.25~{' 9fpraaahle east af eaHSwetiall f9r 69HSWSQ9R iesJlesQ91l. ~ Substantial deviations from aDuTOval construction documents $500.00 3. Subdivision, Preliminary Plat (PSP)- a. Petition Application $1000.00 plus $5.00 per acre (or fraction thereof) for residential, plus $10.00 per acre (or fraction thereof) for non-residential; (mixed use is residential) 4. Subdivision Final Plat (ffJ $1000.00 plus $5.00 per acre (or fraction thereof) for residential, $1000.00 plus $10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential) 5. Additional review of construction plans for phased construction of subdivision improvements. $1000.00 per phase 6. Two-year Extension $150.00 7. Water and Sewer Facilities Construction Document Review 0.75% of probable water and/or sewer construction costs 8. Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs 3ra alia SlMl!leEJlieRt reslMlmittals S5Q9.9Q a. 3rd and subseauent re-sQbmittals - $500.00 9. Water and Sewer Facilities Construction Insnection Fee 2 25% oforobable water and/or sewer construction ~ C9HSOeQ9B lB&peeQaB 2.25K afpre9a91e ":..ater aBe/9r sewer s9astmetieB sasts 10. Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 4x the PPL. PPLA, PSP, ~ or Final Plat Review Fee Lfl2. II. Administrative Amendment $250.00 H) ENGINEERING INSPECTION FEES I) Engineering Inspection Fee $150.00 per residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re-inspection Fees: 151 re-inspection $75.00, 2nd re-inspection $100.00, 3'd and thereafter re-inspection $125.00 I) TEMPORARY USE PERMITS I) Beach Events Permits- a. Individual Permit $100.00 b. Block of25 calendar days $2.250.00 c. Block of 50 calendar days $4.500.00 d. Block of75 calendar days $6.750.00 e. Block of 100 calendar days $9.000.00 f. Block of 125 calendar days $11,250.00 g. Block of 150 calendar days $13.500.00 2) Temporary Use Permit Special Sales & Events. $200.00 3) Model Homes and Sales Centers $500.00 CDES Financial Administration, rev 1118/04 msl page 6 II""...., t\Jn 1 I'; A 1 () November 16, 2004 Page 39 of 66 4) Construction and Development, Mobile home. Allricultural Zoninll and Temuorarv use for "Cominl! Soon" sirn $125.00 5) Residential and Non-Profit Garage and Yard Sale Permits No Charge 6) Temporary Use Amendment. SIOO.OO 7) Renewals or extensions requested after the expiration date $200.00 8) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits. $275.00 9) Political Signs (Bulk Temporary Permit) $5.00 a. .\ eef'esit 9[$599.9Q will ae f'estea hy palitieal eM:lJ3aigM at tke ame efseewiag a P9l:itieal gigs. permit. Ferfeitllre H9m this El8Jl9Sit will ae ill tke amal:lBt e[$100.9(;) per ....TitteB Beties efvielat:ieB ef af'plieable sigs. erWBBH8e :f8EJ\lHelReRts fur the 3" aBEl feU9'l/iRg SlieR B8tiees ef vielaaea. SliGh ferfeiMe shall be sasea 98 BeQee!l 9fvi91aQeB per eampaigll., aae Bet per iRQi';iEillalsige. D8Jl9Sit, er reHl.aiwag balaBee af aefl9sit, will ae r-efl:lREleElllfl9B eemplstieB ef eampaigR iREI eeftilleiQeR ay Code EBferGemeat stBffthat tHe eilRpaigR is iR GafBl3li6Bee y,'ith ill pra-visiaRB efltflplieaale eeEle reEllHrem8Bts. 10) Fees for Temporary Use permits issued After the Fact, ATF: ~ normal fee J) WELL PERMITSIINSPECTIONS 1) Hydraulic elevator shaft permit $300.00 2) Test hole permit (including 1st six holes) $300.00, each additional hole $20.00 3) Well permit (abandonment) S50.00 4) Well permit (construction, repair, or combined construction and abandonment at one site) $300.00 5) Well permit (monitoring) $150.00 6) Well Permit (modification of monitor/test well to a production well) $75.00 7) Well Reinspections a. First Reinspection .$12.QQ b. Second Reinspection $100.00 c. Third Reinspection $150.00 8) After the fact well permits 4x normal fee per violation. NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) WNINGILAND USE PETITIONS 1) Pre-application ~ fee $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staff's request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. 2) Alcoholic Beverage or Service StatiOn Separation Requirement Waiver $1000.00 CDES Financial Administration, rev 11/8104 msl page 7 . It<:>...., Nt) 1 P.1'11 ('\ November 16, 2004 Page 40 of 66 3) Boat Dock Extension Petition $1.500.00 4) Conditional Use Permit $4.000.00 ($1.500.00) when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3.000.00 7) DRI Review (In addition to cost ofrezone) $10.000.00 plus $25.00 an acre (or fraction thereof) 8) DRI/ DO Amendment $6.000.00 plus $25.00 per acre (or fraction thereof) 9) DRIABN - DRI Abandonment $1.500.00 lO) Flood Variance Petition $1000.00 11) Interim Agriculture Use Petition $350.00 12) Non-Conforming Use Change/Alteration $1500.00 13)Parking Exemption $1500.00 14) Parkin!!: Reduction (Administrative) $50000 PUD 1\meBdmeatG (PUD ta PUD): $8.99g.0Q pl1l6 $25.9g all aere (Br HaetieR thereat) 15) Rezone Petition PUD :\m8BameBtB (pun to PUD): $8.000.00 plus $25.00 an acre (or fraction thereof) 16) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (Petitioner to pay this amount prior to advertisement of petition) 17) Planned Unit DevelQument Amendments (substantial) $6 000 nlus $25.00 an acre (or fraction thereof) 18) Planned Unit Development Amendment (Insubstantial) $1500.00 19) Rezone Petition (Regular) $6.000.00 plus $25.00 an acre (or fraction thereof) 20) Rezone Petition (to PUD) $10.000.00 plus $25.00 an acre (or fraction thereof) 21) Street Name Change (Platted) $500.00 plus $1.00 for each property owner requiring notification of proposed street name change. 22) Street Name (unplatted) or Project Name Change $500.00 23) Variance petition: $2,000.00 residential, $5,000.00 non- residential 24) Variance (Administrative) $1.000.00 25) Zoning Certificate: Residential: $50.00, Commercial:$125.00 26) PUD Extension - Sun Setting: $1000.00 27) Sign Variance Petition: $2000.00 CDES Financial Administration, rev 11/8104 msl page 8 . It"""" "-I" 1"'^'''' November 16, 2004 Page 41 of66 28) Stewardship Receiving Area Petition (SRA): $7000.00 per SRA plus ill...QQ per acre for. Stewardshin Sendinl! Area Petition (SSA)' $9.500 8te,...ilfEislHp SeBlHBg :\rea PeQtiaR (SSA): $7QQQ.QQ per 881\ plus ~ )!ler BeTe. 29) After-the-Fact Zoning/Land Use Petitions 2x the normal petition fee 30) Land Use Petition Continuances a. ReQuested after netition has been advertised Twa days ar le88 JlRef ta RleetHlg $500.00 b. Requested at the meeting $750.00 c. Resultant additional required advertising charged in addition to continuance fees. 31) PUD Monitoring a. $75.00 per dwelling unit within a PUD b. $0.10 per square foot for commercial or industrial construction within a PUD 32) Anv le!!al advertisin!! reQuired durin!! anv CDES activity or anuroval Drocess will be Charlled in addition to stated fees at actual costs CDES reserves the ri"ht to char!!e an estimated amount with the initiaUv recuired Droiect fees. and will reconcile and adiust such charlles a!!ainst actualle!!al advertisin!! billin!!s at the comuletion of the oroiect. 33) Administrative Review (minor chan!!es to PUD Master Plan) $1.000.00 L) MISCELLANEOUS 1) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports. $.50 as set forth in Resolution 98-498, as amended. 4) Reserved 5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 6) The fee for creating and designing special computer generated reports that are not a part ofregular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 7)CD Burning: ~floppy disk: $.50 8)Complete sets of Official Zoning Atlas Map Sheets $100.00 per set. 9)Pbotocopies of documents less than l1x17 inches: $0.15 one sided, $0.20 two sided, other sizes at cost of production a. Certified copy of public record $1.00 each. 10) Property Notification Address Listing: a. MS Excel spreadsheet on Disc $70.00 b. Print out on Paper $75.00 + $0.05 for every record over 1500 c. Mailing Labels $80.00 + $0.06 for every record over 1500 d. Print out on Paper + Mailing Labels $85.00 + $0.11 for every record over 1500 i i i 1-;- CDES Financial Administration, rev 11/8/04 msl page 9 November 16, 2004 Page 42 of 66 11) Comprehensive Plan Consistency Review a. CU's $300.00 b. Rezonings $750.00 c. Pud's or PUD Amendments: $2250.00 d. Letter of GMP consistency to outside agencies: $250 12) Plan Review Fee (for planning review of all building permit applications) a) Long forms: $75.00 per building permit application b) Express permits: $15.00 per building permit application 13) Project Meetings: Active aonlications under review for the following nroject tvDes will be afforded one inter- deuartmental meetinl! at no charee: Planned Unit Develooment re-zonines and Site Develooment Plan aoulications (exceut for conceotual site nlan anuTOval and insubstantial chanl!e aonrovan. Meetine reQuests for all other aonlication tvDes and additiomd meetines will be subject to the followinl! fees: a. Meetings with Departmental Project Approval Staff member per applicant request, reviews and petitions in progress, $150.00 per one hour minimum, $75.00 per Yz hour thereafter. Additional Department staff attending meeting per applicant request $75.00 per Yz hour per staff member. b. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $250.00 per Yz hour thereafter. 14) Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft commercial ($5000.00 maximum) b. Building permit applications requiring COA process review not covered under 12.a above $100.00 per building permit application. 15) Zoning Confirmation Letters a. Standard Response $100.00 (includes up to 1 hour research) b. Extended Research $100.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal $250.00 17) CDD a. Comnwnity Development District $15.000.00 b. Chapter 189 Special District, Independent or Dependent, $15.000.00 18) GMP Amendment a. Small Scale $9000.00 b. General $16.700.00 c. Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule provisions. d. Pre-application meetings for GMP consistency for development orders and zoning/land use petitions: $250 e. Pre-application meetings for GMP amendment petitions: $250 (to be credited toward application fee upon submittal) 19) Application for issuance TOR, $250 (non-refundable);plus ill per TDR issued and recorded (total fees not to exceed $2750) 20) Enl!ineerinl! Services a) Vacation of Easements: $1.000 2 I) Buildinl! Board of Adjustments and Anneals $250.00 CDES Financial Administration, rev 11/8/04 msl page 10 Anenda Item No. 16A 111 November 16, 2004 Page 43 of 66 M) BUILDING PERJ\lIT APPLICATION FEE 1) A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91-56, as amended. 2) Application fee will be computed as follows: a. Single family and duplex $.05 per sq ft with minimum of$lOO.OO b. Multi-Family & Commercial $.05 per sq ft up to 10,000 sq ft, $.025 for over 10,000 sq. ft. 3) Maximum application fee shall NOT exceed $5.000.00. 4) Minimum fee ofS50.00 for each ofthe following: plumbing; mechanical (AlC); electrical; fife; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00. 5) The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES 1) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table *(Exhibit B), whichever is greater. Valuation of construction costs ofless than $750.00 - No permit or fee is required, but construction must comply with aU County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. *SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and/or rITe rated assemblies requires permits and inspections regardless of construction cost, signs must secure permits as stated in Cotlier County Ordinance No. 2002-01, as amended. a. Valuation of construction costs of$750.00 through $4.999.99 - With one or no inspections $50.00, With multiple inspections $100.00 b. Valuation of construction costs of $5000.00 through $49.999.99- With one or no inspections - $30.00 plus $6.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2.000.00. With multiple inspections - ~ plus ~ per thousand dollars, or fraction thereof, of building valuation in excess of$2000.00. c. Valuation of construction costs of $50.000.00 through $1.000.000.00 - $250.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $50.000.00. d. Valuation of construction costs over $1.000,000.00 - $2800.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess 0[$1.000,000.00. 0) ELECTRICAL PERMIT FEES 1) The fees for electrical permits for new structures or placement or relocation CDES Financial Administration, rev 11/8/04 msl page 11 of structures shall be computed as follows: a. $0.40 per ampere rating of all single-phase panel boards. b. $0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere. d. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be $50.00 per unit or tenant space. f. Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES I) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $ I 0.00 will be assessed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate of $1.00 per fixture unit or c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of $50.00 shall be assessed for each grease trap. 3) The cost for retrofit piping shall be computed at the minimum fee of $50.00 per floor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be $50.00. Q) MECHANICAL PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a. Residential occupancies: The mechanical permit fees shall be computed at the CDES Financial Administration, rev 1118/04 msl Ita~ "'In 1 I';.l\.1 () Novernber16,2004 Page 44 of 66 page 12 . It""...., "I~ 1 ~ ^ 1 () Novernber16.2004 Page 45 of 66 rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. b. Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3.00; or The rate of$3.00 per 425 square feet of floor area, or fraction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of$50.00 per floor for each cooling tower, or $50.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 3) The minimum mechanical permit fee shall be $50.00. 4) A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. R) FIRE PREVENTION AND CONTROL PERMIT FEES I) The fees and exemptions set forth in the "Exhibit B It affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES 1) The permit fee shall be $50.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $75.00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. T) CHICKEES AND SIMILAR STRUCTURES 1) The permit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section N of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. I I_ I U) POOL OR SPA PERMIT FEES 1) For construction of each public pool or spa the fee shall be - a. Valuation of construction costs of up to $4.999.99. $100.00 b. Valuation of construction costs of $5000.00 through $49.999.99: $80.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of$2.000.00. c. Valuation of construction costs 0[$50.000.00 through $1.000.000.00: $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50.000.00. d. Valuation OfCoDStruction costs over $1.000.000.00: $3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1.000.000.00. 2) For construction of each private pool or spa the fee shall be: $100.00 CDES Financial Administration. rev J 1/8/04 msl page 13 . ..-_._-~ V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES I) Construction costs shall be calculated as follows: a. Screen Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution. W) SIGN PERMIT FEES I) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be $75.00. 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection 1 of Sign Permit Fees. X) CONVENIENCE PERMIT FEES 1) Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects shall be $50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10%) percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as-built drawings review: a. An itemized list of all changes made after permit plan approval. b. As-built plans that have all changes made after permit plan approval "clouded" . c. As-built plans and changes shall be signed and sealed by the engineer and/or architect of record. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No charge b. Second Correction to Plans. $75.00 c. Third & subsequent correction to plans. $100.00 Z) PERMIT EXTENSION I) The filing fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00. whichever is greater, but shall not exceed CDES Financial Administration. rev 11/8/04 msl page 14 I+~~ 1\1" ~ '" ^ ~ " November 16, 2004 Page 47 of 66 $500.00. The filing fee is intended to cover the cost ofreviewing existing or amended building plans to determine and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES 1) The permit fee shall be $50.00 for the demolition of any building or structure. BB) PRE-MOVING INSPECTION FEES 1) The fee shall be $150.00 for the pre-moving inspection of any building or structure. CC) INSPECTION FEES 1) A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. 2) A user fee of $40.00 per inspection shall be assessed for inspections on a time specified basis. 3) A user fee of$120.00 per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) 4) First Partial inspection for single-family & tenant buildout. No charge 5) Second & subsequent partial inspections for single-family & tenant buildout. $25.00 DD) REINSPECTION FEES 1) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in an additional fee of$75.00 per inspection for the first re-inspection, $100.00 for the second re- inspection and $125.00 for the third and each successive re-inspection. EE) FAILURE TO OBTAIN A PERMIT 1) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING 1) The fee for licensing items is as follows: 8. Letters of Reciprocity. $3.00 b. Contractors Change of Status. $10.00 c. Voluntary Registration of State Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating $1.00 (per license) GG) DUPLICATE PERMIT CARDS 1) The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason. CDES Financial Administration, rev 1118/04 msl page 15 Novenlber16.2004 Page 48 of 66 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00. This fee includes the issuance of a new permit card. II) PERMIT FEE REFUNDS 1) If requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. JJ}-RECORD RETRIEVAL 1) No charge for retrieving records from inactive or remote storage including microfilmed documents KK) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than llx17 inches: $0.15 other sizes at cost of production. f. Microfilm or Blueprint copies: 18 X 24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 $5.00 per page g. Community Development self-service copier, public access and not related to public record retrieval or public record copies: documents less than l4x8.5 inches $0.15 per page inclusive of sales tax. LL) RESEARCH 1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the fIrst hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year. The subscription year is from Oct. 1 through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE 1) A surcharge in the amount of3% of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A flat fee of$3.00 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. CDES Financial Administration. rev 11/8/04 msl page 16 It<:>.." 11.1" 1 &:: 1\ 1 " November 16, 2004 Page 49 of 66 00) REGISTRATION OF RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee. $30,00 b. Annual Renewal - $20.00 c. Late Fee - $10.00 ~ 2. Rental InsDections a. Rental Insoection - $200.00 oer unit b. Re-insnection Fee - $50.00 Der re-insoection PP) FEE WAIVER PROCEDURES PP) CERTIFICATE TO BOARD BIm ,DING I)Initial Boardinll: Certificate - $0 2) Boardinl! Certificate Extension - $150 00) FEE W AlVER PROCEDURES 1. Reauests for fee waivers may onlv be armroved bv the Board of County Commissioners. Waiver reauests for develooment review and buildinlZ oermit fees shall be submitted in writinl! directly to the aooronriate Community Develooment & Environmental Services DivisiQn Staff. who will nrenare an executive summarv for consideration bv the Board. Such reQuests shall include a statement indicatinll the reason for the fee waiver reauest and if aDolicable the nature of the orl!anization reouestinlZ the fee waiver. QQ) ADDlTIONr.L FEE REFUND PROVISIONS 1) PAYMENT OF FEES a Flill p~'fMBt effees is required fer a ee~lete applieHie8. D8ft8l1HleBt Jlelier fequH-eS fW.l paymeBt ef fees at the tUBe af aPfllieaBeB suermt:taJ. ~re werk ';.'ill aegis. aB smff fe...iew ef the applieaQes IHlhl all fees BH paid iB full. If full paymem Elf fees is Bat l'eeeYlea witBiB 14 ealeaaar aays ef 8J'Jllieaaes saemdtal, the applieMia8 wm ae eeR5i6eRla 'laiEl. t.t this peHH, a Be..... applieatioB aild full pa ymeBt Elf fees ....-ill ae requifed ta preeeea with a pf9j eet. 2) There will he Be refuna af PlaBfliBg, SYR-9BRleBtaI, ar BBgiaeering related fees, exe8flt diese 8J'plisaQaD6 whish haye aeeR deemeel Bet slifiieieBt fer staffrevie'.\'lfta are widilkawB witbia 3(:) daya af BEltifieahEls win Be emitted ta a S(:)K refuREl. After 3{) aaye frem syeh Betifieauafl:, there will Be Be refuBEl Elf s~HHtteEl fees. 3) IB Be sase!l will there be fefuBEI& faf Jlre 8J'JllieaaeB fees, data 6a!tvsrsieB fees, appeals af a8.mi.nisB"ative aesisisJl.s, ar appeale ta the Beara ef ZeBiRg f4JJleals ef B\!ildiRg Bear-d ef Adj\istmeBt. 4) If saff effer eauses die in&JlJlf9priate af lHlMeessary filiRg af 1ft applieaaeB &BEl p~'fBeBt af fees, 1 (){) pereeBt ef all iRappr9Jlriate fees, shall l:le refwuled lIpeB \.lriueB request eEl with the eeB6W1'8Bee ef DepartmeBt H1aBageIBeBt. 5) IB thase eases where altemative met:ftaEls er t:imiRg efpaymeBtB fElr CDBS seryiees aad / er fees listed in this sehaek1le assaeiatea 'J\idl. SRR Ftwiews BH seemed ta ~est !lerve die Jl~lie geaa, die CafflfBWHty De'/elapmest aad Bll'ViFaHBleBtal Serviees 1'.dmHHsB"ater will have t:fte aatheri~' ta apprEl\'e SlieR alternatives. Slieh alternative IBQst be iR writiRg &BEl sigHed 9)' all. priBeipals Hwalveel. 1ft Be ease shall fiRal C.O. af SlieR eeFHHeaQeB5 afprajeet ee!BJlle~e&s he issliea \Hltil pa)'lBellts Ellie CDl~S are reeeiyea in full. a) :\11 halH'ly fees are l:1empateEl ee eharges Hem aetaal DV/isieBal ame wekiBg reeeFEls. 7) :\11 aereage tetals lieeel in fee ealel:llaB8BS will he faQBeeelap te the Bearest whale aere. CDES Financial Administration, rev 11/8104 msl page I 7 A enda Item No. 16A10 ovember 16, 2004 Page 50 of 66 &) }.By legal aavertisieg reElliirea al:lfmg &BY rues aeQ';ity ar appra'fal praeess \\111 ae ehM~ea ill. additisR ts stated fees, at aemal e8sta. CDES Fe!lerves the right t8 eaarge aB e!lhmated ama\lB:t with. tne iBitiaIly reEtliirea llrsjest fees, aBa ",,'ill reeaBeHe aHa aaj\lst slisR eallfges agaiB!Jt itstuallegal aavertisieg 'eilliRg!l at the saffiJlleQsB ef the Jll'ejeet. 9) WasB aeemed esseRtial fer Jlrejeet re'lie'J'! ef apflfaval, there \\'ill ae Be aaaihaaal eWt;e fer any ffieetiBgs relj1testea ay CDES staff. RR) REFUND PROVISIONS 1) PAYMENT OF FEES: Full oavment of fees is reQuired for a comulete aoolication Denartment uolicv reQuires full uavment of fees at the time of aoolication submittal. No work will belrin on staff review of the anolication until all fees are naid in full If full oavment of fees is not received within 14 calendar davs of aDulication submittal. the aODlication will be considered void. At this noint. a new aoulication and full oavment of fees witl be reouired to nroceed with a oroiect. 2) There will be no refund ofPlanninl!:. Environmental. or Enl!ineerinl! related fees. exceut those aoolications which have been deemed not sufficient for staff review and are withdrawn within 30 davs of notification will be entitled to Ii 50% refund. After 30 davs from such notification. there will be no refund of submitted fees. 3) In no cases will there be refunds for ore-anolication fees. data conversion fees. anneals of administrative decisions or anneals to the Board ofZoninl! Aoneals or Buildinl! Board of Adiustment. 4) If staff error causes the inaoorooriate or unnecessarY minI! of an anolication and Davment of fees. 100 nercent of all inaDnTOuriate fees shall be refunded uuon written reauest and with the concurrence of Deoartment manal!ement. SS) ADDITIONAl. FEE PROVISIONS 1) In those cases where alternative methods or timinl! ofoavments for CDES services and / or fees listed in this schedule associated with SBR reviews are deemed to best serve the uublic Ilood. the Community Develooment and Environmental Services Administrator will have the authority to aourove such alternatives. Such alternative must be in writinl!: and sirned bv all orincioals involved. In no case shall [mal C 0 or such certifications oforoiect comuleteness be issued until ulivments due CDES are received in full. 2) All hourlv fees are comouted and charl!:ed from actual Divisional time trackinl!: records. 3) All acreal!:e totals used in fee calculations will be rounded uo to the nearest whole acre 4) When deemed essential for oroiect review or aODroval. there witl be no additional charl!e for anv meetinl!s reauested bv CDES staff TT) PUBLIC VRHICLE FOR HIRE FEES I) The followinl! fees shall be assessed for the Public Vehicle for Hire Prol!TarD' a. Initial Aoolication fee (new Comoanies) - $200 b. Certificate to Onerate - $250 c. Vehicle Decal- $50 Der vehicle d. Temoorarv Vehicle Decal- $5 ner vehicle CDES Financial Administration, rev 11/8/04 msl page] 8 Aoenda Item No.1 I'; A 1 n November 16. 2004 Page 51' of 66 e. Driver Identification Card - $50 ner driver f. Reolacement Identification Card - $ 10 ner card g. On-site VehicJe PermittinlZ - $15 ner vehicle UIn up A YMENT IN [,[EU OF" FEE FOR P A THW A YS (SInEW A T ,KS. AND BIKE I,ANES) n Calculated usinlZ the current Florida Deoartmcnt of Transnortation (FOOT) construction costs or au enl!ineerinlZ estimate not to exceed twenty- fi ve nercent (25%) of the submitted annlication reQuest's total oroiect ~ CDES Financial Administration, rev 11/8/04 ms1 page) 9 Agenda Item No. 16A 10 Novenlber16,2004 Page 52 of 66 ~~8 il ' N ~~~ Q)u..~ .!! i III <i w 'C 0 0. U :J ,~ Q) :; s .. l:i ~ .. .. ~ ~ 0 ., 'C :E Q) .. en .c 8. e e c- o. ..... '0 0 ~ ~ .. E = E :J al ! 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III E .g II) c ,2 iii .~ 'C a; ~ .!!l 13 ::l UJ - .., - "C " = "'" , .. ...00 e-~ Q " :-! 1: ~ ::5 = .. ~..!! = '" ~ .. ,~ >>- ~.! .. .. -=.! l"i 0_ '" .. .. .. ~ gJl ".c' .. .. .. .. = e-.a CIl ... c:;\.E .. = !'li .: :l ua: Agenda Item No. 16A 10 November 16, 2004 Page 54 of 66 ~~~ ~:i~ ~u.~ - '" en 'l;; ::':J ~ u CI> => .s '" '" '" c: O! .c: u i &. e 0- '0 c:- O! E E ::J en u 'E '" E 'fi ~ II> :0 '" .&J e Co ... o ~ c o ..:] '" u t::; 't3 o ::; c ~ 8 tQ Cl 15 6 l!l '[jj lS '8 ~ -g .g ~~ "5 g ~ u 8 ~ ,~ g t)"" 2 ~ ... il l! ... 8 ~ II> i; .&Jo o . ... 0 0.0 '0"'" ~II> dl~ c E o .&J ..:] '" '" i3 u ... t::; ... .- " -g g ::; if ... II> C.&J II> '" E II> "'13 g '" 0"2 .... tQ Cl ~ o S !l 'c;; ~ .~ '" .&J S '" ..:] ~ g I ~ 8 ~ " ... o 0 "., ~ g a ;g !l 8 ; ro CD C) ~I .. ~ 's .&J '" .. ~ -= II> = if '" J:l = .. "2 '" 'E M (") = .. .c OJ = .. ~ ~s = '" .. .. -= .. ua:: .. 00 100 iI: .. '> .. a:: :J III .. El .. OJ o Q III o ".C OJ .. :: '" III o U , .. .. to. iI: .. 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"Cl~ i ~ '""11 ~:g ~. = III 01). -2 :& ti II".C 'r:s "" I .= r"Cl :a~ .. . o .. Sj OJ N - -~ rl ..: II ua:: " - (9 - ..- C) ~I ..., <- ....l ::.. I !e :t3' < ~ ;::j j ~ ... J !e :t3' < !:! ;::j j Agenda Item No. 16A10 Novennber16,2004 Page 55 of 66 ~~8 al ' 5l ~~~ ..u.~ .e al <J) - ~ R u '" .. == 9 .. g, .. ..c U I .. OJ III ... .. ... .. "Cl~ :; t '""11 ''1:1 i.;: = III 01)" .5 :& to!! II~ i:5 '"l ~~ 11'1:1 :a .. .. o it ~j ... ~ ... ...~ ~lS III II> ..: II ua:: o '!> .t " ~ N c.!l 3' 0.. ~ :::; 0.. e:. I u.. ~ .s> III a: .~ rn 'S; B ::l (/) $ u.. ~ .~ a: c: .2 III 'S; B ::l (/) '0 ~ .. E E '" <J) u 'E ~ ..c u ~ <( ...,. ... ... - 0: .., ... - ... ~~ 0: ... = ... t... 0: .. .:: ... .;;. '- ~ ~; 0: ... .. .. .:: ... UC:: e "- ~ oS! ~ Q) :; c o ti .... e!oS! ~~ eQ5 Q).c. U ~ ro 0 8.n 8J~ ~I 0 .. ~ fIl l!! ::J tJ 'Q.<<lCO 81~'E g ~I~ o~~ ~~.~ c:~~ i-~~i 0:: .?:S CO .s c .. U:;;;I2 c: - c .2 co Q) cn:.;:o"O :~ 15 .~ :g:'9E ~~g ~ C9 c ~ oS! ~ Q) .c. ~ cS ~~ t1! 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E 2 Q ~ o c.--5 - ;;.5 iil ~ .l: s ,... C9 ~ s '" I :l ... ... ~ 0: ... .. CI...:: ... ~~ :ag 0: .. .:! : uc:: ... 'iI "CI ... .:: ... .. ... ~ .5 "CI ~ ~ .. ~ .s ~ ~ CQ o z < ~ ..J < ~ pJ 8 ~ rn >- < ~ < ""' i:>:: o "" pJ pJ "" P- o ;:J !S ..J ~ ffi :::g >- <~ ~~ ,....z 5:5 ..... "" t::' .... 00 <-! o g ....l -50 ... <2 ~ 'S: ~ ~ e "- ~ -.fl. lI'l t!. 1='5 o <.> Q l:i !::.Oo d ~ .2 \;:: ~b o 5 ~~ ~] '- u ....; o ~ ~ ~ ~ y "5 8 ''='> fr..e o~= '" ._ :I :gii; o tlO. Ii: .~ ii - as = 5 d if e '60 ~ <> 5 .S! .s ; ~ ~....~ ._ 0 00 ~:J" "'" ~ 13 .B u ~ .. c's 'iI . S! .&i ~ U :s -" 2 '" u"@,s ::::-8'0 Agenda Item No. 16A 10 November 16, 2004 Page 56 of 66 ~~~ g;f;:: CDU.~ .!! i rn a; w "8- 8 :> CD .. 3 .. CD 0> <:: '" .r= <> " I e a. '0 ~ .. E E :> rn (J C CD E .r= <J ~ It) c ,52 ti u r/l u "3 '" u .<: " '" 0.. I: C> ':I .. " r.:: - 'C .., .. -u ] .. ::I ~ ""';i , .t:l it: .. 01,,2 -> t.lI ,,~ .. ~ .3 e .!I Cl, .. Cl .. il I: ~ .. Q S 'C I: I: C> :! .~ 'C E ;.g : .:! 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Ii : a o :cl ~ ~ .. .. z-= " C\ ... -02 fc~ I: '" .. .. e~ !5 'i '" Jl ::I l I:l o '> J: Agenda Item No. 15A 10 Novernber16,2004 Page 57 of 56 .!!ll5;!l: ::I E i!S I~~ Su..... - al CIl - ~ i u ::I OIl = .9 ., ~ <'0 ti ~ ~ ~ ~ <'0 E E ::I CIl u 'l: OIl E .<: <.l ~ ~ ,~ .~ e ll. OJ OJ u.. ] .g :ij "0 <( <0 Cf) Cf) <:l' ~ r;- '" g g :~ e ll. I ~ u.. .. I: o '.:1 :a ~ '" '" .. ~ .. ll. .. '" ;;J ~ '" oj ..l '" 'c ~ s ... '" .. a ~ ... :3 ~ '" ~ .. "'-= ::I ... '" ~~ .. E ~~ ~ :; I: '" .. '" E .5! c.= oS G:i ~ll. .. .. Q '" ~;;J "'~ .. I: ...J .. ~...J ;~ '"' I: 'c ~ '" .. '::I .. ~~ ... '" ii .. .. '" ~~ :s 'c ..t:: ~~ .. .. .. w .. .. .. El .. ~ DO I: .~ .. .. '" .. .. .. '- .:: .. i:i .. .. E-o 5 .. ~ I: ::;~ .. = "" ...os ~ g I: .. .. oj .: .. ua: c: 2 U .. 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's ~ ..c c. ~ 15 ii e ::l Co if.sa ~ ~ c: u 0'" '':: u S ::: u '" e.~ B '1; .5", ~ 13 ~ ~ ~ o c: o .'" .~ Q. u ltl -g .s oj .: .~ .~ ;~ "'0 l~ c: .. . ~ ~ .- g ~ a. 's ~ ..c '> ill e ii 8 ::l .", ~.~ 81 .;:: ... ~ ;I E-~ J!:! .~ ,s", .. ~ .. --= :J~ ~ I: I: co ::l~ ... .. .. ~~ ~ '" .. ::I a: .. ;; t.l .!: El I: C.CO .5i~ .. .. t .!:l Q- ~ I: ~ ~ I: .. .. NoS '" 'i! I: ~~ .. El ~ ~ .. .. -5 .. - .s J N- I: '" ~:3 .. ~ .. I: = ~ :s c ~ .. <.: .. N .. ...os ~= '" .. .. .. .: .. ua: "" <:: &. ::l ~ c: .g .. .!::! Ci. c.. oj ] ~ 13 i u u ..c g ! :;: u cB 00 .5 ., u e c: .9 0; u~ :g,~ ~'s u..c Q: ~ :;: -- ~ '13 ..c ::l '" I: ~ J! '" .. ... os .!:! Ci. Co .. 1! ; ,9 ] :;; ~ u ... ..c g ; J! <:: .g .. .!::! Ci. Q. '? " Q:: Agenda Item No. 16A10 November 16, 2004 Page 58 of 66 j~~ g~~ CDU.~ ~ i 00 .. w '8. 8 :> CD S .9 8. t: ~ '" 51 8. !2 Q. '0 ~ .. E E ::l 00 tJ C ., E .c: u ~ " 'l:l ~ II ... .5! ... .. II _ rl :::l C 'l:l ! C .. : t ,A ~ e ... ... .- .r::: t ... a: ::: ... ... 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CO .".. .. > .c .. ~Q .."CI .! :; .: ...J .".: "." ::! .. ~ 3 ~ II) .. '" .. i'l .. '" &I E S II) . i'l .. '" = co .. .. -= ~ '" ,;.:; a.. ..,.~ ~; = '" 1 ~ U~ " en " :; II ..c " en ~ "- ] ... ... - ~ ~ 0' o on o ~ ~ ...J ,: .. ~ 'tl ~ .~ 0. I:l ~ ... ! VI CG ~ c.. < "8 ~ II 0: g ~ '5' < ..... o "E ~ o c:l ~ :g '5 c:l "'J "CI ~ II .. .. '" .. ~ ~ = ." = .. - .. -~ - 1~ =Vl "'" I :! COIl.. .: < = c .. i.i: .. > 'w :;:.c -=.; ~ ; E~ c ... UVl 'S ~ ~ ~ f ... '" = .. ..." E I t:: .. ~; <1; ;~ ~g = II) -= ~ U~ iil ~ iil ~ Agenda !tem No. 16A 10 November 16,2004 Page 66 of 66 ~~~ ~;;;<O lllc(;: ~u-i Cf) '(;j w '&. g ::l Q) 5 g .. '" CD C .. ti "0 '" 8- e a. '0 ~ .. E E ::l Cf) () ;: '" E .c u ~ ~ <' en ~ 1:1 .sa .j; .. ... :l -< ~ '6 Ii en c.. :.c -E ~ ~ .. ,n It'l 1! u .. II c.. ~ ~ Q. < en en .. .. c.. I ~ en en '-' l5 '~ '~ ... ~ < OIl 0: '6 5 en c.. :.c ] ~ u ,n Agenda Item No. 16A11 Novennber16,2004 Page 1 of 4 ,- EXECUTIVE SUMMARY Recommendation to have the Board of County Commissioners ratify the County Manager's letter where he, due to the timeliness of the issue and in his official capacity, spoke for the BCC per resolution 2000-149, and in doing so provided Collier County support for a request for sharing of title to the Pal-Mar South property between the State of Florida and Palm Beach County and the future sharing of title between local governments and the State in land acquisitions for conservation purposes, as appropriate. OBJECTIVE: To have the Board of County Commissioners (Board) ratify the County Manager's letter where he, due to the timeliness of the issue and in his official capacity, spoke for the BCC per resolution 2000-149, "Approval of this agreement (action) by the County Manager is subject to formal ratification by the Board of County Commissioners. If a decision by the County Manager is not ratified by that Board, this Agreement (in this case the letter) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by the Board." The purpose of said letter is to support, specifically, a request for sharing of title to the Pal-Mar South property between the State of Florida and Palm Beach County and, generally, the future sharing oftitle between local governments and the State in land acquisitions for conservation purposes, as appropriate. - CONSIDERATIONS: On October 29, 2004, County Manager Jim Mudd signed a letter on behalf of the Board to Governor Bush and his Cabinet members. The Conservation Collier Ordinance, 2002-63, section 4(12), advises that one "purposes and intent" of Conservation Collier is to cooperate actively with such programs as the Florida Forever Program. Section 6(3)(g) advises that funds within the Conservation Collier Acquisition Trust may be used to cooperate with other public land acquisition programs and that the County may enter into contractual or other agreements to "acquire lands jointly" or for eventual resale to other public land acquisition programs in Collier County. The purpose of cooperation is to positively leverage local dollars for acquisitions within Collier County. One of the first attempts of the Conservation Collier Program to partner with the State, under the Florida Forever Program, was to consider for acquisition-the Dixie Sky Corporation propertY-~,~ --. (75-acre within the State's Fakahatchee Strand Project). This property scored highly in meeting - program criteria, yet met with disapproval from this Board, one concern being that title would be vested solely in the State and what that might mean for future public accessibility. As a result of the concerns, the Board removed this project from the recommended Active Acquisition List (AAL). Two other recommended projects on the first AAL were also located inside Florida Forever Project boundaries. Negotiations to purchase these properties only advanced after the property owners removed these properties from Florida Forever Project boundaries. For both of these properties, one important issue was that even if Collier County would agree to partner with the state and allow them to take full title, Department of Environmental Protection staff would not recommend adding language providing for public access in perpetuity in the Multi-Party acquisition agreement. Therefore, partnering with this important source of statewide partner - Agenda Item No. 16A 11 Novernber16,2004 Page 2 of 4 funding, the Florida Forever Program, has not been successful for Conservation Collier. A significant impediment has been that the state requires full title to acquired properties and will not make guarantees regarding public access. On November 9, 2004, the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund (Trustees), will consider an agenda item relating to the execution of an option contract with Palm Beach County for the joint acquisition of the Pal-Mar South property. The item includes consideration of the State sharing title with the County on these lands, which was requested by the County. Florida Department of Environmental Protection (FDEP) staffhas recommended denial ofthe request for shared title. This is the first formal request from a local government to share title with the State. Many local governments have held referendums or raised taxes to protect conservation lands, have received state matching funds through the Preservation 2000 Program, and are continuing to do so through the Florida Forever Program. However, these governments cannot share title to these lands under current state policy. Sharing of title will help protect the lands from possible future use for purposes not consistent with the original reasons for acquiring the lands. Palm Beach County wil\ be speaking at the November 9, 2004 Trustee's meeting, requesting the State to allow sharing of title on the Pal-Mar South property. Palm Beach County staff has requested that the Collier County Commission provide written support for this request for shared title. Approval by the Trustees, with the shared title provision would set a precedent for future shared acquisitions between a local government and the State that would be beneficial to the Conservation Collier Program in pursuing the goal of partnering to positively leverage local dollars. FISCAL IMPACT: By partnering with the State under the Florida Forever Program, Conservation Collier can leverage up to 50% of the purchase price. 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. Development of appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 inlhe Recreation and Open Space Element of the Collier County Growth Management Plan. RECOMMENDATION: That per resolution 2000-149, the Board of County Commissioners ratify the letter signed by the County Manager and in doing so recognize that approval of this letter signed by the County Manager is subject to formal ratification by the Board of County Commissioners. If a decision by the County Manager is not ratified by the Board, this letter shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by the Board, and that the Board, by doing so, support sharing oftitle to the Pal- Mar South property between the State of Florida and Palm Beach County and the future sharing of title between local governments and the State in land acquisitions for conservation purposes, as appropriate. ....-. PREPARED BY: Alexandra J. Sulecki, Sr. Environmental Specialist, Coordinator, Conservation Collier Program, Environmental Services Department 2 "em Numbe, Itlm Summary MHllng Dati Agenda Item No. 16A 11 November 16, 2004 F'age 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M11 Re-commendahon to have the Board of County Commisslon"ers rllUfy the County Manager's le1ter where he, due to the timelineu of the i&lue and in hisdfici31 capacity Q.poke for the Bee per relolution 2000~1"9, and in doing so provided Collier County support for a request for sharing of title to the Pal-Mar South property between the State of Florid. and Palm Belch County and the future sharing of title between local government8 and the St.e in land lilcquiaftions for conservation purposes. 85 appropriate. '11/15/20049:00.00 AM Prepared By 11/2120049:18:49 AM Ale.undrm J. Suleeki CDmmunity Development & Environmental Services O.ate Senior Environmental Speci;lli&t Environmental Services Ollltt, Approved By WlIli.nl O. Lnf'Ull7:, Jr., P.E, CmnmUn ity Ocyull'>pn'lcnt & Environn,.ntaIService!ll EnvironmlHJ1ul Servlctt$ Oi<<tctor Enyjronmell1alSltrvi(;1ll!I. 1112/200411:44AM DatI!' Approved By Sandru Lee Community Development & Envirol'Jtl'lftnta'Servlcen !x.lI'Cuiive 5ecnrtary Community O.'lIelop,,"nt & EJlyjrDnrnootfll S..rvioo$ Admin. 11/212004 2:30 PM 0... Approv'" By Constanee A. Johnaon Community 06lnlopment & En\llronml!1ltal Services Oper..tions Analyst Community Development & Environmental Servlu," Admin. 11/212004.2:39 PM Date Approved By Joseph K. Schmin Corumunity DtlvelopmMt & Environm8f1tlll SelVice.. Cnmmunity O..velorml'tnt & EnvlnlfJlnflntal SlJ.'rvlcfUi, Admifllltfllttor ComrrlUtlity Duvalopt1m"t & Environmentel Services Admin. 1t/2J2004 7:1' PM Oalf! Approved By OMB Coordinator COUllty Milnilfl.~r'l\ Dffh:~ Administrative Assistant Office of MqnagtlrnrUlt " Budglllt 1113//:0D" 2:30 PM Dale Approved By Mark lueklOon County M......ger'.. Offlc.~ Budget Analyst orrlCft of ManagerMnl & Budget 1lI4/2004 11:21 AM 0... Approved By Michnef Smykowskl County Manager'. Office Mmmgem.nt &. Budget: DirectQr Off;.:e of Man.geme"t & Budget 11/412004 5:11 PM Pate Approved By J.amas V. Mudd Bellin) 1)1 COUl1ty Cntnmiluicme's County Manager County Manoger's Office 1115/2004 2:36 PM Agenda Item No, 16A 11 November 16, 2004 Page 4 of 4 ~ COlLIER COUNTY'MANAGER'S OFFICE 3301 East Tamiami Trail - Naples, FL 341 12 . 239.774.8383 . Fax239-774-4010 October 29. 2004 The Honorable Jeb Bush, Oovemor and Members oftbe Florida Cabinet The Capitol Tallahassee, Florida 32399-0001 Dear Governor Bush and Cabinet Mern.bers: SUBJECT: SHARlNO OF TITLE ON ACQUISITION 'OF P AL.MAR SOUTH LANDS FROM PALM BEACH COL~TY Collier County ~rts the sharing of title between the State of Florida and Palm Beach County tor the Pal-Mar South property in Palm Beach CO\Ulty. We understand that the Board of Tt'USt~ of the Intema1 Tmprovement Trust Fund will consider the option contract ror this acquisition and me associated shared title issue at their November 9, 2004 meeting. Many county and municipal governments have pa.'lsed local referenda for the acquisition of 1 ands for cons.etVation purposes and subsequently acquired these IaJld$ in partnership with the State under the Conservation and Recreation Lands (CARL) and Florida Forever (FF) programs. However. the State holds sole tide to most of these lands, and in many instances the local goverrunent leases the lands from the State and pays rOT their management Allowing local governments to share title to jointlo/-acquired lands constitute!! a true partnership in the acquisition process .tnd wilt provide additional long-term. protection to these lands from'LISes pot cotlSistent with the p1UP05e5 for which the lands were acquired. Therefore, we ask that you approve the acquisition of the Pal-Mar South lands from Palm Bcacb COWlty with the associated sharing of undivided title between the State and the County. This action will encourage local governments to continue partneril1g \Vith the State in the acquisition of conservation lands. and will allow the State to protec~ more lands than it. could by itself. We appreciate the consideration the Trustees have given this issue in the past. and we look forward to WOTking with the State on futUre acquisitions 1.ll'1der Florida .Forcver and other land -c-. ~ --- -- - ;;;=----- - - acquisition ProiflUnS, ~~. -=-- Sincerely. ~.-4 # / q ~)/'F~ am.es V. Mudd County Manager. Collier County 00: Jon Van Amam. Deputy Director Palm Beach County De:pt. of Environmental Resources Management c Q 1~ . , c d II. III t !! ... Agenda Item No. 16A 12 November 16, 2004 Page 10f 10 EXECUTIVE SUMMARY Recommendation to approve Satisfaction of Lien for Code Enforcement Case(s) Aljo Inc. 2003-051, Stanley W. White, Jr. 2002-006, Robert A. Mitchell 2001-02 I, Anne J. Milne and Thelma B. Garcia 2004-041, Eric B. Bertelsen 2001-084, Shadow Court Fuels Inc. 99-052, Derya Corporation, Usulu Okur, RA 2002-025 OBJECTIVE: To approve and authorize the Satisfaction of Lien for Code Enforcement Board cases which have been satisfied in full. CONSIDERA TION: 2003-051 the claim of lien in the sum of One Thousand Ninety Four Dollars ($1,094.00), arising out of the Code Enforcement Board Order dated June 9, 2004, recorded in O.R. Book 3583 Pages 0566-0568 et seq. of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Aljo Inc., has been satisfied in full. - 2002-006 the claim of lien in the sum of Eight Hundred Fifty-Four Dollars and Seventy Cents (854.70) arising out of the Code Enforcement Board Order dated May 30, 2002, recorded in O.R Book 3052 Page 1960, et seq. of the Public Records of Collier County, Florida, against . the following described real property, and all other real and personal property, located in Collier :County, which is owned by Stanley W. White, Jr., has been satisfied in full. 2001-021 the claim of lien in the sum of Nine Hundred Sixty Seven Dollars and Eighty- Four Cents ($967.84), arising out of the Code Enforcement Board Order dated July 23, 2001, recorded in O.R. Book 2867, Page 0437, et seq. of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Robert A. Mitchell, has been satisfied in full. 2004-041 the claim of lien in the sum of Seven Hundred Seventy Six Dollars ($776.00) arising out of the Code Enforcement Board Order Imposing Costs Lien dated August 30, 2Q04, recorded in >--O':R-=Book 3637, Page 3713 et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Anne J. Milne and Thelma B Garcia, has been satisfied in full. 2001-084 the claim of lien in the sum of Three Hundred Twenty-Five Dollars and Eighty-Two Cents ($325.82), arising out of the Code Enforcement Board Order Imposing Costs Lien dated March 5, 2002, recorded in O.R. Book 2995, Page 870, et seq. and O.R. Book 2995, Page 910 et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Eric B. Bertelsen, has been satisfied in full. 1999-052 the claim of lien in the sum of Fifteen Thousand Dollars ($15,000.00), arising out of Code Enforcement Board Order Imposing FinelLien dated December 29, 1999, recorded in O.R. - Agenda Item No. 16A12 November 16, 2004 Page 2 of 10 Book 2626, Page 3132, et seq. and a Code Enforcement Board Order Imposing Fine/Lien dated March 31, 2000, recorded in O.R. Book 2660, Page 3058 et seq., as re-recorded in O.R Book 2704, Page 827 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Shadow Court Fuels Inc., has been satisfied in full. 2002-025 the claim of lien in the sum of Four Thousand Five Hundred Sixteen Dollars and Eighty-Five cents (4,516.85) arising out of Code Enforcement Board Order Imposing FinelLien dated December 18,2002, recorded in O.R Book 3188, Page 0244, et seq., of the Public Records of Collier County, Florida and Order on Respondents' Request for Reduction of Fine/Lien dated March 3,2003, recorded in O.R Book 3230, Page 3015, et seq. of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Derya Corporation, UsuluOkur, Registered Agent, has been satisfied in full. FISCAL IMPACT: This recommendation requires payment of a Recording fee of $]0.00 per page totaling $70.00 and will be paid from 111-1389] 1-649030 GROWTH MANAGEMENT IMPACT: This request will not affect the Growth Management Plan of Collier County. RECOMMENDATION: Staff recommends the Board approve the Satisfaction of Liens for the above ref~renced cases and authorize execution and recordation in the Public Records of Collier County, Florida PREPARED BY: Janet Powers, Operations Manager Code Enforcement Department - ~----?- Item Number Item Summary Moetl ng Dl10 Approved By Jlln.t Powers Community Developm.nt & Envtronmenhll Svrv'lcn Agenda Item No, 16M2 November 16. 2004 Page:l of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 161'.\2 Recommendation 10 approve Sallsfaction of Lien for Code Enforcemenf Board eases Alja lnc 2003-051 Stanley W, While. Jr. 2002-006 Robert A, Mhche1l2001-021 Anne J. Milne and Thelma B. Garcia 2004.041 Er~c B. Bertelsen 2001.084 Shadow COU" FUels. Inc. 1999~052 Derya Corporation. US\llu Okur, RA 2002~025 11/16120049:00:00 AM Op.rittions Man.'lJer Date Code Enforcenlent 1111/2Q0.4 3:,42 PM Michelle Edwards. Anlold Dete Approved By Cotnmunrty Devnlopmullt &. Environmental SelVicel Code Enforcement Director Code Enfurco,nltnt 1111/20043:411 PM Approved By CpndUhCfl A. JohnseUI Community Oevelopment & Environmental Sarvicea or~U...tICUlII AtJQly~1 Community 04!velopment & Environmental Services; Admin. Oute 11/3/2004.,13 AM D... Approved By Sandra lea Communit)' Il4!ovelQpm~nt '" Envjl'<)nmmlhll Services Executive Secnetery Community D(tvctlopmcm' & Environmental Set"Ylc.... Admin. 1113/200.9:13 AM Date Approved By Jennifel' A. Belpodio County Attomey Auilltant County Attamey County Attomev Office 11/3/2004.:45 AM Oate Approved By Jonph K. Sc.hmitt Community Oevstopm..nt & Environmental Servlc.a C<tmlTllllllty DlIveh)pment & EnviNllllnflntal Sltrvit.e" AdtniIl5tr;at()r Community Oevelopment & Environn..ntal Services Admin. 11/3/2004.:10 PM Oat., Approved By OMS Coordinqtor Counly Mannger'1 OtflCl!i Adminis.triltlve A~$jstant OtriCCt of ManagemlPnt & BudGet 11/412004.:03 AM Dot. Approved By Mark l.s..acl(son County M..nager'. OffiCI! Budg," AnalYilt Office of Managem.nt & Budget 11/41200410:32 AM Dute Approv.ed By Mir.:hunl Smykow$ki County Man.vcr's Office Manngll'Ment & Budgflt Oitc'lc:tl>r OHloe of Men.gement & BudGet 11I"'2D0411:U5 AM Om. Approved By Jamcts V. Mudd Scuud Dr County CSl,"mi$.HitlJulu County Mlu1a!J(lt Counly Manager's Office 1115/20043:37 PM Agenda Item No. 16A12 November 16, 2004 Page 4 of 10 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Code Enforcement Board against: A1jo, Inc. The Order was recorded on June 9, 2004, Official Record Book 3583 Page(s) 0566- 0568, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of One Thousand Ninety Four Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: DIAMOND SHORES A CONDOMINIUM UNIT F-5 Cost: $1094.00 Reference: 2003-051 Folio: 29875103126 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said 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 acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2004. "ATTEST- ~c~ DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONER8- - COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Deputy Clerk Approved as to form and legal sufficiency Je~~~~~B~~ <l'AA"' ~ Assistant County Attorney - Agenda Item No. 16A12 Novernber16,2004 Page 5 of 10 SATISFACTION OF LIEN This is to certify that the claims of lien arising out of the Code Enforcement Board Order Imposing FinelLien dated May 30, 2002, recorded in O.R. Book 3052, Page 1960, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all real and personal property, located in Collier County. owned by Stanley W. White, Jr., has been satisfied in full. The real property located at 100 BLK 115 - J &, C Blvd., Trace Ct. Way, Naples, Florida, more particularly described as Section II, Township 49 South, Range 25 East. Folio No. 00245160006 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all real and personal property owned by Stanley W. White, Jr. and consents to this lien being discharged of record. day of . 2004. Dated this ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . Deputy Clerk By: DONNA FIALA, Chairman Agenda Item No. 16A 12 November 16,2004 Page 6 of 10 This instrument prepared by: Leonardo Bonanno. Operations Coordinator Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2440 SA TISF ACTION OF LIEN This is to certify that the claim of lien in the sum of Nine Hundred Sixty-Seven Dollars and eighty-four cents ($967.84), arising out of the Code Enforcement Board Order Imposing FinelLien dated July 23, 2001, recorded in O.R. Book 2867, Pages 0153, et seq. and re-recorded in O.R. Book 2867. Page 0437, et seq. of the Public Records of Collier County, Florida, against the following described real property. and all other real and personal property, located in Collier County, which is owned by Robert A. Mitchell, has been satisfied in full. The real property located at 3465 Dorado Way, Naples, Florida, more particularly described as Lot 17, Block H, Poinciana Village Unit No.1, a subdivision according to the plat described in Plat Book 8, Page 61 of the public records of Collier County, Florida, O.R. Book 1592, Page 1017. Folio No. 68046680002 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, . acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The undersigned is authorized to and does hereby release this lien as to the whole of the above-descrlbed real property, and all other real and personal property owned by Robert A. Mitchell and consents to this lien being discharged of record. day of ,2004. Dated this A ITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk DONNA FIALA, CHAIRMAN App v fonn I y: ......1 Agenda Item No. 16A12 November 16, 2004 Page 7 of 10 _. Thill instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement 2800 N. Horseshoe Drive Naples. Florida 34104 (239) 403-2440 SA TISF ACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Hundred. Seventy-Six Dollars, arising out of the Code Enforcement Board Order dated August 30, 2004, recorded in O.R. Book 3637, Page 3713, et Se<). of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County. which is owned by Anne J. Milne and Thelma B. Garcia, has been satisfied in full. The real property located at 1633 Morning Sun Lane, Naples, Florida, more particularly described as Lots 8,9,10,11 and 12, inclusive, Block "E", of the plat of Heritage Greens, as recorded in Plat Book 28, Pages 78 through 98, inclusive, of the Public Records of ColJier County, Florida. Folio No. 49660108345 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and aU other real and personal property owned by Anne J. Milne and Telma B. Garcia, and consents to this lien being discharged of record. Dated this day of ,2004. - ATTEST: DWIGHT E. BROCK, Clerk - ~._- -...~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA. CHAIRMAN , Deputy Clerk A to form and Ie e -'. "'" Je ~y . Klatzkow As stall founty Attorney \: Agenda Item No. 16A 12 . November 16, 2004 Page 8 of 10 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement 2800 N. Horseshoe Drive Naples. Aorida 34104 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Three Hundred Twenty-Five Dollars and Eighty-Two Cents ($325.82), arising out of the Code Enforcement Board Order Imposing Costs Lien dated March 5, 2002, recorded in O.R. Book 2995, Page 870, et seq. and O.R. Book 2995, Page 910 et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Eric B. Bertelsen, has been satisfied in full. LOT 12, BLOCK B, COCONUT CREEK, UNIT 3, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGE 48, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA. Folio No. 26530960005 Collier County, a political subdivision of the State of Florida, by e~ecution of this Satisfaction of Lien, acknowledges payment received from Richard O. Wobbe and Maureen E. Wobbe, the current property owners, as full satisfaction of the lien. The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Eric B. Bertelsen, and consents to this lien being discharged of record. Dated this day of ,2004. - ~--- ,"=,- A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, CHAIRMAN Agenda Item No. 16A12 Novennber16,2004 Page 9 of 10 SATISFACTION OF LIEN This is to certify that the claims of lien arising out of the Code Enforcement Board Order Imposing FinelLien dated December 29, 1999, recorded in O.R. Book 2626, Pages 3132, et seq., and a Code Enforcement Board Order Imposing Fine/Lien dated March 31, 2000, recorded in O.R Book 2660, Pages 3058 et seq., asre-recorded in O.R. Book 2704, Page 827, et seq. of the Public Records of CoUier County, Florida, against the following described real property, and all real and personal property, located in Collier County, owned by Shadow Court Fuels, Inc., has been satisfied in full. The real property located at 3396 Tamiami Trail East, Naples, Florida, more particularly described as Section 12, Township 50, Range 25, Parcel 43. Folio No. 00391440007 The undersigned is authorized to and does hereby release this lien as to the whole of the above--described real property, and aU real and personal property owned by Shadow Court Fuels, Inc., and consents to this lien being discharged of record. Dated this day of ,2004. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk DONNA FIALA, Chairman ...;:------:;...--. - Agenda Item No. 16A 12 November 16, 2004 Page 10 of 10 SATISFACTION OF LIEN This is to certiry that the claims of lien arising out of the Code Enforcement Board Order Imposing FinelLien dated December 18,2002, recorded in O.R. Book 3188, Page 0244, et seq., of the Public Records of Collier County, Florida, and Order on Respondents' Request for Reduction of Fines/Lien dated March 3,2003, recorded in O.R. Book 3230, Page 301 S, et seq. of the Public Records of Collier County, Florida, against the following described real property, and all real and personal property, located in Collier County, owned by the Derya Corporation, Usulu Okur, Registered Agent, has been satisfied in full. The real property located at 409 Main Street, lmmokalee, Florida, more particularly described as Lots 2 and 3 (less any portion which lies in the right-of-way boundary of State Route 29), Block 4 of Carson's Subdivision, Section 04, Township 47, Range 29. Folio Nos. 25581280007 and 25581320006. The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all real and personal property owned by Oerya Corporation, Usulu Okur, Registered Agent, and consents to this lien being discharged of record. Dated this day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, Chainnan App lega Jeffre atzkow Assis t C unty Attorney I Agenda Item No. 16A 13 Novernber16,2004 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a $300.00 reimbursement to Mr. and Mrs. John Foster to correct an erroneous posting of funds. OBJECTIVE: That the Board of County Commissioners approve a $300.00 reimbursement to Mr. and Mrs. John Foster to correct an erroneous posting of funds by county staff. CONSIDERATIONS: The Contractors' Licensing Board (CLB), at their July 21, 2004 Board meeting, detennined that the Respondent in Contractors' Licensing Board Case No. 2004-01 violated the Order imposed by the CLB at its hearing on February 18,2004. Therefore the CLB members voted to impose disciplinary action against the Respondent that included, in part, the following stipulation: ... restitution in the amount of $6,000. payable to Mr. and Mrs. John Foster, be rescheduled at a rate of $300.00 per month. The payments shall be made by the first of each month via money order delivered to the Collier County Contractors' Licensing staff.. - On October 6, 2004 the Collier County Contractors' Licensing staff, as stipulated, received a payment from the Respondent in the amouht of $300.00 and inadvertently processed the payment into Fund 1 13 (Building, Permitting) 138900 as FY 05 Contractors' Licensing Citation Fees revenue instead of simply forwarding the check to Mr. and Mrs. Foster as their monthly restitution payment. FISCAL IMP ACT: The requested reimbursement will be transacted as a debit entry against the Fund 113 (Building Pennitting) 138900 revenue line. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. ---=_.~..~--- RECOMMENDA nON: That the Board of County _Col1!!TIi~~~oners approve a $300.00 reimbursement to Mr. and Mrs. John Foster due to an incorrecf posting of funds by staff. Submitted by: Judy Puig, Administrative Assistant, Building Review and Pennitting Department - Item Number ftem Summ.ry Meeting 01'. Approved By Constance A, Johnuofl Community Development & Envimnl'nent))1 Sllrvlce.. Agenda Item No. 16A13 November 16, 2004 Pllge 2 (!f8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A13 ReconltTlendatiol' to approve a $300.00 relMbursement La Mr. and Mrs. John Foster to correct an' erroneous posting offunds 1'1I16r2004 8:0000 AM Oponltiunts Anat)'5f Community Development & EnvirDt"lmf\!tltal ServicflIi Admin. D... 11(111QO..11:<43 AM Oata Approved By Sandra L(!a Community Development & EnvirDnmt11tel S"rvic.s Ex(!(:utiv", Secretary Community Dovelopmmtt & Environmental Servicea Admin. 11/112Q04 11:<46 AM Dllhr Approved By Bill Hammond COfnmunlty UllIvulopmurli &. Ellyiro",""ttltalSurvicill" OhfJl;tot' Bolldirlg RttviltW illld ~lmnrtti"it 111112004 1:14 PM Dale Approved By Den Lon Baker Community DeYelopm~nt & Envitonl1umtill Services. Financial Admin & Hou...ing Ditrretor Financial Admin. & Housing 11/3/200... 3:37 PM Dot.,. Approved By Joseph K. Schmitt Community Devuloprrount &, EnvironmentslServices Cml\t1'UlIlty OtIVt,lopI1H,'lt a. Envirorunento.1 Services. Adlnltl$l.1r.lltDr Comn1ul,ity Development & Environmental SeNices Admin. 11/3/2004 a:09 PM Dlltlt Approved By OMB Caorrilnilltot' County Mamllger'!O Office Ad",iniathlhVt' Auis;toanf Office of Management & Budget 11/412004 9~01 AM Dote Approved By Mark luck.s.on County MU'lagm'5 Onlctl Budgflt Annlyst Offic:tl of M.m"Ui!:trIont & BUdnl!t 11/tS/2004 8:37 AM 0... Approved By Micha4!1 5mykow9ki County Manager's Office M3nagement & Budget Director Offi<:'fl of Mdflagement & Bud<gClt 11/8/200412:00 PM O;ltt! Approved By James V. Mudd Board of County Commiuioner.l. County M~nQ9t!r County Mnnagf'r':l mflcC! 11/8J~OO' 1 :0' PM --...,.,,~ CONTRACTORS= LICENSING BOARD COLLIER COUNTY, FLORIDA Agenda Item No. 16A13 November 16, 2004 Page 3 of 8 Daniel L. Greene D/B/A DGCT of Naples,lnc. Respondent (s) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2004~01 LICENSE NBR.: 22946 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, vs. ORDER ON PROBATION THIS CAUSE came on for public hearing before the Contractol"S= Licensing Board (hereafter Board) on July 21, 2004 for consideration of the violation of the order imposed under the Administrative Complaint filed against Daniel L. Greene. Service of notice of the hearing was made by hand delivery in accordance with Collier County Ordinance 90-105 as amended. The Board having hea'rd testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: ~.~ --- FINDINGS OF FACT ~,......<...,,,,,,~--,""";'. ......-..... 1. That Daniel L. Greene is the holder of record of Certificate of Competency No. 22946. 2. That the Board of County Commissioners of Collier County, Florida is the complainant in this matter. 1 Agenda Item No. 16A 13 November 16, 2004 3. That the Board has jurisdiction of the person of the Respondent and that Page 4 of 8 Daniel L. Greene was present at the pubiic hearing and was not represented by counsel at the hearing on July 21,2004. 4. All notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued. 5. Daniel L. Greene has failed to comply with the terms of the Order imposed by this Board at its hearing on February 18,2004. CONCLUSIONS OF LAW 1. The Board makes Conclusions of Law that Daniel L. Greene violated the Order imposed on February 18, 2004, the Respondent disregarded said order imposed by the Board. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, ~nd pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90-105, as amended, by a vote of 5 in favor and 0 opposed. a majority vote of the Board members present, the Respondent has been found in ._.___~a1ation a9 set O' It abov.e - -.--....--...,.,.......... .". .- in favor ancr-O--",--,~-~ -- FUrther, it is hereby ORDERED, by a vole of 5 --=-,...---- opposed, a majority vote of the Board members present that the following disciplinary sanctlon(s) and related order are hereby imposed upon the holder of Contractors= Certificate of Competency No. 22946. 1. The restitution in the amount of $6,000.00 payable to Mr. and Mrs. John Foster is rescheduled to a rate of $300.00 per month, resulting in repayment over a 2 Agenda Item No. 16A13 November 16, 2004 period of twenty (20) months. The payments shall be made by the first of ea~e 5 of 8 month, beginning September 1, 2004 via money order delivered to the Collier County Contractor's Licensing Staff 2. The probation set out in the previous order is revoked and it is hereby ordered that should any payment be delivered to Collier County more than seven (7) days after its due date Respondent's license shall be automatically revoked. 3. Upon payment in full, Respondent shall be relieved of any further responsibility to the Board. The parties hereto are hereby notified that the Respondent has a right to request a rehearing of this matter. A request for rehearing shall be made in writing and shall be filed with the Clerk to the Collier County Board of County Commissioners, and served on any other parties, within twenty (20) days from the date of mailing of the Board's written decision under Section 4.3.4.9 and 4.3.4.10 of Ordinance 90-105, as amended. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the Board. The written request for rehearing shall specify the precise reasons therefore. The decision of the Board which is the subject of the rehearing request shall remain in effect throughout the rehea"ririg procedure unless the Board orders otherwise. The Board 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 21 days after the decision is made. If the Contractors' Licensing Board determines it will grant a rehearing, it may: a. Schedule a hearing where the parties will be given the opportunity of presenting evidence or_argument IimitecLb.yJhe..BaardJCLthe..sp.ecific...raasons.Jor.JNbich -'"'t!1ELr~hearing was granted; or .. _. b.- Modify or reverse its prior decision, without rece1ving-furtl}er evidence, providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed by its counsel was an erroneous ruling and which ruling could effect the substantive decision. The parties are further notified that upon the timely filing of a Notice of Appeal within thirty (30) days you may have the decision of the Board reviewed pursuant to the procedure set out herein. The contractor found to be in violation may appeal a decision of the Board to the Collier County Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Board. Any appeal shall be filed with the Circuit Court and selVed on the parties within thirty (30) days of the mailing of the decision of the Board under Sections 4.3.4.9 and 4.3.4.10 of Ordinance 90.105, as amended. If there has been a re--hearing request, the 3 I j 1- Agenda Item No, 16A13 Novernber16,2004 appeal shall be filed with the Circuit Court and served on the parties within thirty (3cJ}age 6 of 8 days of the mailing of the re-hearing decision under Section 5.1.2 of Ordinance 90-105, as amended. ' In the event that the contractor found to be in violation should elect to appeal, a verbatim record and transcript of the proceedings will be necessary. It shall be the sole responsibility of said party to ensure that a record is made from which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County nor the Board shall have any responsibility to provide a verbatim record transcript of the proceedings. FURTHER, the Board makes a recommendation of no action to the Florida Construction Industry Licensing Board. In accordance with Chapter 489.131 (7) ( c ) and (d), Florida Statutes, the disciplined contractor, the complainant, or the Department of Business and Professional Regulation may challenge the local jurisdiction enforcement bod)'=s recommended penalty for Board action to the State Construction Industry Licensing Board. A challenge must be filed within sixty (60) days of the issuance of the recommended penalty to the State Construction Industry Licensing Board In Tallahassee, Florida. If challenged, there is a presumptive finding of probable cause and the case may proceed before the State Board without the need for a probable cause hearing. Failure of the disciplined contractor, the complainant, or the Department of Business and Professional Regulation to challenge the local jurisdictlon=s recommended penalty within the time period set forth herein shall constitute a waiver of the right to a hearing before the State Construction Industry Licensing Board~' A waiver of the right to a hearing before the State Board shall be deemed an admission of the violation; and the penalty recommended shall become a final order according to the procedures developed by State Board rule without further State Board action. Pursuant to Section 120.59, Florida Statutes, the parties are hereby. notified that they may appeal the Final Order of the State Board by filing one copy of a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399-0792, and by.filing the filingJee-and one copy of the Notice of Appeal with the District Court of Appeal. .. _._~lfl1i-,'lt'tirty (30) days-of the effective date of said Order. =- .. .. -- ..~ 4 J Agenda Item No. 16A13 November 16, 2004 ORDERED by the ContractolS= Licensing Board effeC\ive the ;.I,..f day ofage 7 of 8 ~, 2004. c& Les Dickson, Chairman Contractors= Licensing Board I HEREBY CERTIFY that a true and correct copy of the above and . foregoing Findings of Fact, Conclusions of Law, and Order of the Board has been furnished the Respondent, Daniel L. Greene, 152 Sabal Lake Drive, Naples, FL 34104, and Paul Balzano. Licensing C~liance SupetVisor, 2800 North Horseshoe Drive, Naples, FL 34103 on this ~ , day of t~ ~ ' 2004. 17 ~S~ Secretary I Contractors= Licensing Board _-c:-,...... - .~_ -~--- C:\D0CUm8nts and Setlings'oPalriek Neale\My eocuments\MyF1les\Contractcr's Ucenslng Board'oOrder Greene 2004-01.doe 5 Agenda Item No. 16A13 Novernber16,2004 Official Receipt - Collier County Board of County CommissicmetS 8 CDPR1103. OffIcial Receipt Trans Number 511457 Date 10/6/2004 4:48:43 PM Post Date 10(112004 Nbr DANIEL L. GREENE DGCT OF NAPLES, INC. 152 SABAL LAKE DR. NAPLES, FL 34104- 4420 TILE & MARBLE CONTR. Payor: DANIEL L GREENE Fee Information GL Account 11313890032123700000 Total Amount Waived $300.00 $300.00 Payments Pa ent Code CHECK Account/Check Number 5178893 $0.001 $300.00 $300.00 I Total Paid L I Total Cash Total Non-Cash ~......~ -,...- - ---.- ---.;:;.- Memo: Cashierllocatlon: MCCAULEYKATY / 1 User: HU_E Collier County Board of County Commissioners CD-Plus for Windows 95/NT Prlnted:10/612004 4:51:24 PM .... Agenda Item No. 16A 14 Novernber16.2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Southpointe at Windstar Marina 44-45 Replat" OBJECTIVE: To approve for recording the final plat of "Southpointe at Windstar Marina 44-45 Replat, a subdivision of lands located in Section 23. Township 50 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Engineering Services Department has completed the review of the final plat of "Southpointe at Windstar Marina 44-45 Replat". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. - Engineering Services Department recommends that the final plat of "Southpointe at Windstar Marina 44-45 Replat" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138326- Planning Services Revenue generated by this project: Total: $1000.QQBlatR'eView Fees _' GROWTH MANAGEMENT IMPACT: A Certificate of Adequate Public Facilities will be issued prior to recording of the plat. ENVIRONMENTAL ISSUES: There are no environmental issues. ,- Agenda Item No. 16A 14 Novenlber16,2004 Page 2 of 4 HISTORICAL I ARCHAEOLOGICAL ISSUES: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Southpointe at Windstar Marina 44-45 Replat" with the following stipulation: 1. Authorize the recording of the Final Plat of "Southpointe at Windstar Marina 44- 45 Replat." -- --:....,....... -_.- --- PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ,.- Item Number Item Summery Meotlng Dote Agenda Item NQ. 16A.14 November 16, 2004 Page 3 01 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A14 Recommendation to approve for recording the final plat of "Southpofnte at Windstar Marina 44-45 R.epl.t" 11/16/200490000 AM Prepered By $tlninr EnlJimter 11121200<16:35:41 AM Juhn HouldllWI)rth Community Development & Environmental Services O.aI:1Il EJluineertn'il SC!rvh:u!S COES EngJnlbf'trinn Serviens Omtctar 0... Approved By Thom.s E.. K~ICk, P,E:, Cmnmunity Pltvuloprnl!lJ1 .. Environmental ServiclI!:$- COES Engineering Services 11/212004 9:32 AM Ooate Approved By Salldr. Lea Communily Ot'lvelopmflnt & Envfronmlltnfml Service'S Encutive Secretolry Community Developrnont & Environmental Sltrvlcn Admin. 11/2/200410:37 AM Opltntiotl$ An.lyst Date A.pproved By Comltilnce A. Juhl\$l>n Community Dovelopment & Envlronm..ntaIService.. Canununity Develop.'Ount & Environmental Services Admin. 11/3,12004 11:24 AM Joseph K. Schmitt Oate Approved By Communlty DttVIt>I()ptn~nt 8. Ellvironmlltltul Snntil:m. Community Development &. Environment",1 $erVll;f15 Admln~tr.ltot C<lmlTllltllty On\l~lll)pnwnt 8. Envjmflmantal SI~rvleft!1 Acltnill. 1 '11312004 9:23 PM Adlnini~trativ~ AsshLtant Oate Approved By OMS CDDrdinator County M.magt'lr's Ol'fi~;t! Office 01 Man"n~mllnt & Budget 11/4120f).4 9:09 AM Bud~C!t Anidy;,;t Oal4~ Approved By Mark hlat:klloon County Manllg4tr'JI, Office Office of Management & Budgrt 11/.(1200411:16 AM Management & Budgut Djrnctot ()i114? Approved By Michaltll Smykow$;kl County M.an.g~tr's Office Office of Nanagement & Budget 11/5120048:22 AM County MUllugm D$lte Approved By J..mf!$ V. Mudd BO;llrd of County Commiuionflrs; c.ounty Manager'a orrU~~! 11/8'200.4 51:22 AM ---;..... '<:t'<:t'<:t ...-0.... <(00 c.oN'<:t '-<!iw 0"'- C'l Z....ro Wa.. E.J:l wE ::::w ro> ,,0 cZ w C'l <( ; t "-V1 o~ >-0. '"'< UZ J''''05 OJ. lON / -Z- - GULF OF a.. <( ~ IJ.J I- en i ~ I~ I-~ ij !; o en a.. <( ~ Z o ~ u o ..J Agenda Item No. 16A 15 November 16, 2004 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Valencia Lakes Golf and Country Club, Phase 1A", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Valencia Lakes Golf and Country Club, Phase 1 A", a subdivision of lands located in Section 23 Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: -~ Engineering Services Department has completed the review of the construction drawings, specifications, and final plat of " Valencia Lakes Golf and Country Club, Phase 1A ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Section 10.02.04 Engineering Services Department recommends that the final plat of " Valencia Lakes Golf and Country Club, Phase 1A " be approved for recording. FISCAL IMPACT: The project cost is $804,303.47 (estimated) to be borne by the ~_ developer. ...-,;;'.;oa. .._ _ The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $288,208.80 - $516,094.67 The Security amount, equal to 110% of the project cost, is $884,733.82 - Executive Summary Valencia Lakes Golf and Country Club, Phase 1A Page 2 Agenda Item No. 16A 15 November 16, 2004 Page 2 of 5 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138326 - Planning Services Revenue generated by this project: Total: $16,737.85 Fees are based on a construction estimate of $516,094.67 (does not include Orangetree Utility facilities and were paid in April, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac)-$ 1,255.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $-0- Drainage, Paving, Grading (.75% const. est.) - $ 3,870.71 c) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $-0- d) Drainage, Paving, Grading (2.25% const. est.) - $11,612.14 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter. ......,;,0:...... -__. ___ ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Executive Summary Valencia Lakes Golf and Country Club, Phase 1A Page 3 Agenda Item No. 16A 15 Novernber16,2004 Page 3 of 5 5T AFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of " Valencia Lakes Golf and Country Club, Phase 1A " for recording with the following stipulations: 1. Approve the amount of $884,733.82 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. 3. The off site Drainage and Conservation Easements must be recorded prior to the recording of the plat. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ItlmNumblr 111m Summary Melilng Oat. Agenda Item No. 16A15 November 16, 2004 Page 4 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A15 Recon1mendatlon to approve for recDrding the fh1al plst of "Valenc.ia Lakes Golf and Country Club, Phase 1A", approval of the -atandard form COf\struC1ion and Maintenance Agreement Bnd appro'/sl of the amounl 01 the performilnCl!l securi,y. 11 i 15/2004 900.00 AM Prepared By 5~t110f'F."'i111'''l:t 11/3/2004 '1: 13:4G AM John Huuldswor1h CmnnlUnity O"YU'Dprnl~lIt " Environmenal SelVice. Date EnuinMri"~1 Sl~,vjc"$ Dale Approved By Sandra Lea Community Oovo!opment & EnvirunmentatS.rvic:es Executive Secretary Community OflveloptTlent & Emrironrnltuh.1 SelVi(:ll'$ Admin. 11(3/20049:18 AM Date Approved By Constance A, Johnson Community Otlv.lopment & Envlronmentnl Sarvic.s Operatioo. Anaty,.t Community Oevelopment & environmental Servlceli Adm.n. 11/3'200411:32 AM O.te Approved By ThonloiUI E. Kuck, P ,E. Cotnnumlt)' Olwnloprmm1 &. En'Jironmenal Serviceli COES ellgine&ring Services. Director CDES Engitumring Se.rvk~li. 11/312'00.4 2:30 PM DOO. Approved By Joseph K. Schmitt Community O~\(r.I"'ptTlen1 & F..u'Iir<ltltnlmtul $(IrVil:lIli Community D~ve.JQpm.nt & EnvirDnmental S<<tNiclt!ll Admill'Sltralor Community Dftvl!'llopmtlinl: I. EnvlwlIlnentod SItNkael~ Admin, 1113{2004 9:24 PM Administtiltiv41 Auistant' DOO. Approved By OMS Coordinator Coynty MnnQger's Ol1l(:~ QUice 01 Milllillgemflnt & Budg4lt 11/4/20049:23 AM Dllte Approved By Mark la..ckaon County M snager's Office Budget A.nalys.t Office of Management & Butig(!t 11/41200412:42 PM Oal<<! Approved By Michael Smykow1:lkj County Matlagel',. Office Man.llgenlOnt & Budgl1't Dimctor Office or Management & Budget 1115120048:06 AM County Manag:er Date Approved By JBlne:S V, Mudd Board crl County Comrni,.,iofl(!'rs County MallBger'a Office 11/8/20Q4 1:23 PM ---:<i.-=>>- l.()'<:tLl"J ...-0_ <(00 <DNLl"J ..- - <DO) 0"'" O"J Z....ro 0)0... E.o O)E ==0) ro> "00 cZ 0) O"J <( i:i ~ ~ U U z o w- .....!< 000 o ...J w ~ ~ < i3 l:l t; " % g w ~ lIJ % g ]1Y:)S O.l. .l.OJrrl / .- - 6l '~'S .....z 00 w- '!< 00 0:0 n....J '" '" j f I ~ U I >-, 0:1 ~ 8 ~ ~ ~ Q. ~ ~ Z o - ~ U o ...J Agenda Item No. 1681 November 16, 2004 Page 1 of 4 - EXECUTIVE SUMMARY Recommendation to accept a Quitclaim Deed for a portion of Woodshire Lane right-of-way in Forest Lakes subdivision. Total fiscal impact: $18.50. OBJECTIVE: To accept a Quitclaim Deed for a portion of Woodshire Lane right of way in Forest Lakes subdivision. CONSIDERATIONS: In order to perfonn the duties and responsibilities authorized by the Forest Lakes Roadway and Drainage MSTU (road maintenance and drainage improvements), the MSTU advisory committee recommended that staff take the necessary steps to convert a private right-of-way into public right-of-way. A portion of Woodshire Lane right-of-way is currently under the private ownership of Forest Lakes Estate, Inc., a dissolved Florida corporation. In order to transfer this privately held property to the public, it was necessary to obtain a quitclaim deed from Mr. Lloyd G. Sheehan, the surviving director and trustee of Forest Lakes Estate, Inc. Mr. Sheehan has executed and delivered to the County a quitclaim deed for this particular segment of Woods hire Lane. ,-.. FISCAL IMPACT: Funds in the amount of $18.50 will come from the Forest Lakes Roadway & Drainage MSTU Fund. Source of funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: None. The following recommendation is consistent with the Board's approval and authorization of the Forest Lakes Roadway and Drainage MSTU. RECOMMENDA TIONS: -- - -....;;.-:- -~'?- Recommendation that the Board of County Commissioners of Collier County, Florida, accept the Quitclaim Deed from Forest Lakes Estate, Inc. and authorize staff tore cord same in the public records of Collier County, Florida. _..,~_ ..;;;a. __ __ Prepared by Sheri Flegal- TECM Right-of-Way (659-5714) ,-.. It.m Numb.r ltam Summary M..ting Olte Agenda Item No. 1681 November 16. 2004 Page 2 of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1681 R\!'commendaHlJn to 8-:.cepl 11 Quil'clr,;\m Dee.d for Right 01 Way for a portion of Wood"hire Lane in Fore-5t Lakes. subdlvialon. FIl3cal Impact $18.50 11116lZ0004 9:00:00 AM Prepared By Property A<:ql,iitlitloll Spedall"l 10/271;lQ041l:3,'i:3B AM Sh~ti I'"h1g,1 Trartspottlotl S.rvioe.. "-.. T!:GM-ROW Jeft Klmkow AU.I.hot County AttornlltY 0... Approved By cQlmty AltorlHt)' C01.mly Artorru~v OftlJ:p. 10!27/2an4 9:Sa AM Approved By Klr\iin Hendrlckll Trom.portion Seorvices n.l~ Right Of Wey Ar.quil.HiOtl MiulUg"r Trlln'f.)ur1;l1tion Engineerlng: ond COllutrut.11<m 10J1U~0l)411:11 AM Dinflfl 8. FI.'l9t1 Dntlt Approved By Tranaportion Services 'fufflc OfINlltio"_ and Alt TranG Modal! Dirttctor Tunic Oper"UtHlI'I ATM 10/27/200.4 6:4!0 r'\M Eugt!'1l1l' Calve" Date- Approved By TrOJru/portntionll Sflrvlce.. Pmu;jpil:l PluJe<.1 MO'l/Hl94l'r Transportation Engmtlcr~no .nd COl'1l1tfuc:tkm Mn".t1ttITH~"t 10/28/2004 7:S1 AM Approved By Sharon N(l'Wl'mm Tum.purtion ServlC(l' Accounting 5upll:IVlllOJ Oete 1r;aM\portoltion Admlni.tratit,ltl 10f.l5/2004 3:11 f)M Management/Budget Al\o:fYlSt Dille Approved By Us. T.)'lor Tfafl5p()rt~on Sel"')ic:e# TtollnllPQr1atinn Admirdstmtion 1012BI2004 3:'8 PM PrOjltet Man4tJN Oat~ Approved By ViiI Prim'A' Tranl'portloll Sl!'rvicelll" Traffic Operationsl A TM 101281200<l3:"'0.'M "... Approved By Norm E. Feder. AICP Tmrurpor!iQh SCHvh:Ull Tran...portlltiotl Oivitlion Admitll,trator lr,1nllponntior, Sr.1vic:t!tl Admin 111112no. 4:0111 PPt1 Opctr.atlDnfii AnalYlft 0... Approved By ['H,l:l1illPClrryma/1 Tr311$porHon Service, lr.!ln~por1.ation Servlce& Admin 11/2/20048:58 AM Executive Secretilry D..1~ Approved 8y Pat Lehnhard Trl!lntlportatk'n Se,viees Tr~llaportaUoll Services Admin 11J212004 '1):24 AM AdfTlinl31r,:jlh"f~ A!u;JlltAlI'II Dalt: Approved By OMB CoordlnutiH C.Ollnty Mannger'If. Orrlelt Office of M/IIl"l"gflmClnt.to Oudg/fll '1/'j200~All ""-"9.- Mlctlacl SmykDwSild M.n..glt:nl~111 $, Budgel Dj1fl~lor 0... Approved By County M.llnager'lI OffIce Offiee of Man_gement 8. B\ld~1"l 1112/2004 2:08 PM Approved By Jilmn V, Mudd BOllrd of County Commi..iofl"ra County fl,l.1lnllger Dllte GDunty Managt"r'. Offic;C1 1112120045:54 PM PROJECT: Woodshire Lane FOLIO: 00259040002 ~ Agenda Item No. 81 November 16, 04 Page f 4 QUITCLAIM DEED THIS QUITCLAIM DEED executed this _ day of , 2004, by LLOYD G. SHEEHAN, as a majority of the Board of Directors and as a majority of the remaining Trustees of FOREST LAKES ESTATE,INC., a dissolved Florida corporation whose address is 1188 Imperial Drive, Naples, FL 34110, (hereinafter referred as "Grantor"), to COlUER COUNTY, a political subdivision of the State of Rorlda, its successors and assigns, whose post-office address is 3301 Tamiami Trail East, Naples, Rorida 34112 (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, litle, 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: From the North Quarter comer of said Section 14, run South a distance of 50.0 feet to the Southerly right-of-way of S.R. S 31; thence run N 89 degrees 59' 40' E, along said right-of-way a distance of 1293.81 feet to the point of beginning of Parcel No.1; thence S 0 degrees 04' 18" E, a distance of 510.04 feet to a point; thence continuing along S 0 degrees 04' 18" E, a distance of 239.5 feet to a point; thence Southerly along a curve to the right, a distance of 758.62 feet, said curve described as follows: delta is 89 degrees 53' 05" and a radius of 483.572 feet to a point marking the end of Parcel NO.2. Said parcel being a 50-foot strip of land divided 30.0 feet either side of the above centerline description. THIS IS NOT THE HOMESTEAD PROPERTY OF THE GRANTOR, NOR IS IT ADJACENT THERETO. 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. - -~ .--.--~_----:-?- WITNESSES: I' ( f Y/l~ 1--10 t- '(Sign'at reI' I' 1-(JtZ/L /~, J' .....--N UUN)(1 bQt. (Print Full Name) ".5 JJ.{r'j :/ Lt: LllI J (Signature) I (~\\ {ij F \r ({I I (Print Full Name) 7 ~6~TN~~F t~. \\ : !' ~ Agenda Item No. B 1 November 16, 04 Page f 4 LLOYD G. SHEEHAN, as a majority of the Board of Directors and as a majority of the remaining Trustees of FOREST LAKES ESTATE, INC., a dissolved Aorida profit corporation , /}a -; / By:,. i ',k'<yI/~ (~/f/ / -t:dz-,,/ V (Slgnakfre)' ~_;~" Ill) G', 51! [t/U/i ( (Print Full Name) -r:" ,___r-' ,:-< II c, '/';"" - U "" "., -' ....;1'. (Title) t! :t:'rng deed was acknowledged before me this ~ day of ) ~_ ',L i ~~ , 2004, by LLOYD G. SHEEHAN, as a majority of the Board of Directors and as a majority of the remaining Trustees, on behalf of Forest Lakes Estate, Inc., a dissolved Florida profit corporation: --lL:' is personally known to me "- OR -1) '1\ 1 '~ill:it~ <~, 1 n 3D~ - () has produced ~Y. "" ,\.f ", ~~'{l"'J.:)' -, - as proof of Identity. (affix notarial seal) 9) h(\'DI\.) G, rJe Lt." ) (Print Name of Notary Public) Serial/Commission # (if any): \) i) :J.. (1'1S?~ 3'- JI '. }.[2 c ~{ ..~\!!1~ She~Ot;1 G. Flegal ~ '~'. :. CommisSIOn *DD29936S ~t. ~';;j Expires: Mar 11,2008 "',,=,~.~...'" Bonded "Ibm I","t\\' AtlBntic B~ Co.. Ino. My Commission Expires: Agenda Item No. 1682 November 16, 2004 Page 1 of 8 .- EXECUTIVE SUMMARY Recommendation to approve the purchase of Parcel No. 125 required for the construction of a storm water retention and treatment pond necessary for the six-Ianing of Collier Boulevard. (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Improvement Element No. 37). Fiscal Impact: $362,000. OBJECTIVE: To approve a Purchase Agreement for the acquisition of a pond site required for the construction of the six laning improvements to Collier Boulevard. CONSIDERATIONS: The subject property is located at the Southwest comer of the intersection of Collier Boulevard (CR 951) and 7th Avenue N.W. A portion of the property (2.824 Acres) is required for the construction of a stormwater retention and treatment pond necessary for the construction of six-lane improvements to Collier Boulevard scheduled to commence in the spring of 2005. The parent tract from which the pond site is being acquired contains 5.3 acres. The improvements (a single family home) located on the westerly remainder are assessed by the Collier County Property Appraiser at $368,000. - The County's real estate appraiser estimated the value of the land required for the pond at $310,900 as of June 1, 2004. Staff has negotiated a settlement with the property owners for the purchase' of the pond site for $360,900. This settlement includes compensation (in lieu of damages) .for the installation of an effective buffer for the retention pond (benning, hedges, trees, irrigation, etc.) and is considered to be a win I win settlement for both the County and the property owner. lfthe County had to resort to its power of eminent domain (condemnation) to acquire the property, the attorney fees and expert witness fees could have easily approached $50,000 and, in addition, the County could have expected to settle upon a claim for damages in between 15% and 25% of the value of the remainder property, or face the cost of going to a trial and gamble on ajury award as to the property owner's final compensation. FISCAL IMPACT: Total expenses will not exceed $362,000 including the purchase price for - - the 1an.~,ti}l:J~surance and recording fees. Source of funds are impact fees and gasoline taxes. GROWTH MANAGEMENT IMPACT: As the Collier Boulevard six-Ianing project is a part of the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent with the County's Growth Management Plan. - Agenda Item No. 1682 November 16, 2004 Page 2 of 8 ~, RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the Purchase Agreement for Collier Boulevard Project Parcel No. 125, in the amount of $360,900 and authorize its Chairman to execute same on behalf of the Board; 2. Authorize payment to the Owner in the amount as shall be specified on a Closing Statement; 3. Accept delivery of the Warranty Deed for the property as provided under the Purchase Agreement; 4. Authorize staff to close the real estate transaction, and to record said deed in the public records of Collier County, Florida; and 5. Authorize any and all budget amendments, which may be required to carry out the collective will of the Board. Prepared by Sheri Flegal, TECM - Right-of-Way (659-5714) -- ~......- -- Item Number Item Summery M..ting Oat. Agef1da Item No. 1682 November 16. 2004 Page 3 of 8 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS 16132 Recomm,mdation 10 ilpprnve a Purchase Agrlllement for the ~urchin of property required to construct 11 ntormwllter returJtlon and troatment pond {Pund No.2) kif the Collier Boule\l'8rd f1ix*hmino projed (from Golden Gate Boulevilrd tll lmmokalee Ron ell (S31i2.000l 11i16/21104 9:00:00 AM Prepared By Prppartv .t\c:q\Jlilltl~n Bptl~I.lf~1 101271201;)-410:33:12 AM 5twrlnft~;11 Transportlon S~rviett. Darte TF.CM-ROW Kevin HendrJ..ks 0... Apprond By Tr8"spurtICJ" ServlcoU RiDh! Of W_" At;.rtul$ltl~n Man.oer rran'port.tion EnGineering and r.ol\~1'lJl:lion 10/27.'2110111 :06 AM Shuron Newmon Ac(;olfrlt!ng t'iu'lr.rvl$or Dal~ Approved By TrlU1.pot'tion Service. TrM8portlltiOf! Administration 1ijJ27f2004 2:38 PM Liuhylot MMagemti"ntlBudget Ana.lY'it Dale Approved By Tt;lIulport.iQII Service. lr.1IltlPQrt.ntlon AdmiflHJtr:tliol' 10127!2D04 2:<18 PM Eugenn Calvert n.M Approved By Tran.portilllfiona Sef'VictlJ. Prillc:lfllll P'mJej~ Ma"ayut Traneponll;tion Engineering Iltnd Con"trul:holl Management 10f.l3/200. 7:49 AM Sheri F-'Ieglll Pruperty A':llUllIoltloh Sp~l:llflll.lt l)illfe Approved By TUMportion SarvicM Tf:f;M.ROW 10/28/2004 10;:.17 AM Norm [, Feder, AI(';P Transportalinn Division Adlnjnistra~l)r OrJlfl Approved By Trantlportiull Slfrviellllt lran.uportatiotl SUlvicu Admin. 1111!1oo4 ":12 PM Dlallt!" Pturyrrl.1I Op(1r.tjofls AlI~ly~t Date Approved By rf.1l.I'l~p01tlon Service!. runlliport.tiOI\ ServjcCl~ Admin. 11/2/20049:00 AM E"ecuti\l~ Se<:retllry Date Approved By Pat lehldulrd Trlllnspor1.tion SeNir:t'ls TrlllMPQr1ation Service's Admin 11/2/2004 i'b4S AM OMS CoordInator Adminifftratlvl! Aa.istaMt Dat41 Approved 8y County Manuger'.. Ol'l'lc:e Qrrlc.'e of Manugt!l'fltlnt" Budgel 11IJI20D"11:"1 AM SU$iltl U.h~r Senior MlinagdlnenttBudgL"t An"-lllyst Outlt Approved By CO\lnty t.bnn~l!lr's Off~ce OffIcII! of Mana9ftmenj: &. Bl.Idgl!lt 11/3/10044:011 PM Michael Smykow'Ikl Ma"dgflment S. SUdgl'll Oir(l(',to, [lloltl! Approved By Cl)unty Mana~l!r)'! Gffl~e - OffiCtf of Mun*y"mltllt.& HUdget 1H5/2004 9:36 AM Approved By Jame" V. Mudd Board ofCoul,ty Cornmi","ioner. CDu,'ty Munayef D(lle Count)! MAIl~Y8'r'. Offloe 11/&120042:22 PM Agenda Item No. 82 November16, 04 Page of 8 PROJECT: Collier Blvd. (Immokalee to GGB) Project No. 65061 PARCEL No.: 125 FOLIO No.: 36666600009 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of , 2004, by and between CHESTER E. THOMPSON AND CAROLYN T. THOMPSON, (hereinafter referred to as "Owner"), whose mailing address is 4040 7'T1 Ave. NW., Naples, Florida 34119-1504, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of $360,900 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remainIng lands, and for all other damages in connection with conveyance of _~id Property to Purchaser, including all attorneys' fees, expert witness fees and co$tsasprovided for in Chapter 73, Florida Statutes. 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 wlll remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Pur~hase Agreement Agenda Item No. 82 November 16, 004 Page 2 Page of 8 " 5. Owner is aware and understands that the "offer. to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Aorida. 6, Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6, This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay ~II fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of doculllentary stamp taxes by Purchaser, Owner shall further pay all documentary Stamp ~sf~quired on the instrument(s) of transfer. 9. In the event that Purchaser no longer requires the Property for use as a Stormwater and Retention Pond Site. and desires to make the Property available for sale to the general public, Purchaser shall afford Owner the right of first refusal on the purchase of the Property at the minimum bid amount (purchase price) established for the Property by the Board of County Commissioners. Said right of refusal shall be sent to Owner by Purchaser via certified mail, return receipt requested, and shall terminate 30 days after Owner's receipt thereof. Owner must exercise the right of refusal by sending notice of its intention to purchase the Property at the minimum bid amount to the Board of County Commissioners within 30 days of receipt of notice of first right of refusal. This right of first refusal is personal to the Owner and is not assignable, devisable or transferable in any manner. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both partias and, with the exception of the right of first refusal contained in Paragraph 9, shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, Purchase Agreement Agenda Item No. 82 November 16, 04 Page 3 Page f 8 personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and 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. 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 20_. lr~perty acquisition 31pprov~d by BC9 ;~ursuant to A?enda..lle. m No. ~, dated w,U-L, ~j ;:?<j, ~/)[l.~ Cl Ht:l- IJ"' L' ,(rr"'(( 1.../ ,.)/:iJJ,-,A,.t. .. ((iiZ;'~i, AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Donna Fiala, Chairman AS TO OWNER: or ey-in- Fact f r Chester E. Tho son, pursuant to that certain Durable Limited Power of Attorney, dated October 1, 2004. ( YJN... J Ii (l, f' (=- EN Name (~nt or Type) , . /t: ~t/;'L.-/'--..t~ Wllnes,s (Signature) / (~~('//;,~. _~ t; Name (Print or Type) Purchase Agreement (,SoNJA- bJtFi~1 Name (Print or Type) fu/> ~_~ Wiln~lif (Signature) / J -_ (OJ -J!/74i Name (Print or Type) ""-:'( ~L/t.'0 ,fit; Approved as to form and legal sufficiency: ~~~~~ Ellen T. Chadwell Assistant County Attorney Agenda Item No. 82 November 16, 04 Page 4 Page f 8 ~--.-.~~ TRACT 106 Novemb I I EXHI,IT ..!...:. page-r of-L-f If I I ~ I ci ci ---- r~~'o' R.O.W. ~SEIAENT 7TH AVE. N.W. (100' ... co ~ "0 () 0 - (() ....... 0'1 - ci (() en cJ ci ~I cJ L..I I I TRACT 108 GOLDEN GATE ESTATES UNIT NO. 2 DESCRIPTION: NOTES: A portion of Tract 107 of Golden Gate Estates Unit No.2, 0. recorded in Plot Book 4 at Pages 75 ond 76 of the Public Records of Callier' County, Florida, being more porticuJarly described os follows: 1. Thie Is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'.32" W, Florida State Plane Coordinates NAD 83/90, East Zone. BEGINNING at the Southeasterly corner of said Troct 107; thence South 89'31'28" West, along the South line of said Tract 107, for a distance ot 380.00 feet; thence North OS'59'12" East, for 0 distance of .304-.14 feet. to a point on the South line of the 1 00 foot Rood Easement of 7th Avenue N.W.; thence North 00'28'32" West. tor a distance of 50.00 feet, to a point on the northerly line of Boid Tract 107; thence North 89'31 '28" East. along said northerly line of Troct 107. for 0 distance of 330.00 feet. to the Northeast corner of Boid Tract 107; thence South 00'2S'32" East, along the eOBterly line ot said Tract =W7. tor a ~ ~ distance of 350.00 feet to the POINT OF BEGINNING. 3. Subject to easements, reservotions and r08trictions or record. 4. Easements shawn hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way, 6. P.O.B. represents Point of Beginning. 7. P.O,C. raprasants Point ot Commencement. 8. O.R. r"prasents Official Records, 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. Containing 2.824 acr"s, more ar less, LINE L84 + N q-/b -0, (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAl OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 'w- GiglIO 100 GRAPHIC SCALE REVISED PARCEL- 09 16 03 ''''''Eer 1<0.1 65061 ."eEl. 1<0. , 125 Wil.Miller-'~UO- -'~'~''''''''''''~*-'~b!ClnI*R ~.m ~.M"""_._.r_ ......IAaoI....a:o ......__.""" __.,.,_. ___ :'P 18, 2003 - 09:42;\7 MLAMURtIX,\SUR\H8015\95hdlOO.dwg COLUER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & OfSCmPTlON })RI)J[CT frrtO.;, N601 ~-OO~-OOO nu: NO,: 2L-812 09/2ooJ No. r 16, age 82 04 f8 I :lOO Agenda Item No. 1683 November 16, 2004 Page 1 of 2 .-. EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve a budget amendment to decrease the debt service payment by $100,858 and increase the building rent payments for the Horseshoe Drive Square lease space from October 2004 through January 2005. OBJECTIVE: To obtain BCC approval of a budget amendment that will allow for lease payments of the current lease space for Transportation Services for the months of October 2004 through January 2005. .-. CONSIDERATION: Funds were requested to be included in the Transportation Services 2005 budget for the lease payments for Transportation's current location at South Horseshoe Drive (Horseshoe Square) for all of fiscal year 2005. During the budget adoption in September, the budget office moved the lease payments into Debt Service payments to pay for the debt service on the new Transportation Services Building (Formally the Arthrex Building). Transportation did not plan to move out of the lease space until sometime in December/January. Because funds were moved from Lease Payments and into Debt Service payments, there are no available funds to pay for the rent for the months of October through January in the Transportation Services Budget. Therefore, a budget amendment is needed to transfer funds in the amount of $100,858 to cover the lease payments until Transportation can relocate into their new facilities. Moving these funds will not adversely affect the debt service payments for the new building. FISCAL IMPACT: A budget amendment will be needed to transfer $100,858 from Debt Service to Building Rent within the Transportation Services Fund 101 FY05 Adopted budget. GROWTH MANAGEMENT IMP ACT: There is no Orowth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorize the necessary budget amendment to transfer funds to cover the lease payments in FY 05. -="'--~.-- Prepared by: Sharon Newman, Transportation Division .- - 1 - n.m Numb.r Item Summ.ry Me.tlng Oat. Approved By Sharon Newman TraJll$portJon S..tV~(~I!Il' AgenrJa Ilem No. 1683 November 16. 2004 Page ,. rJf 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1683 RecommerHlatiofl for the Baird of County Commil.liiioneT5 to .pptcve a budget Ilmendment l(\ dlH;reB1i!l the debt 51ltfvlce payment by $1 00,&58 and increase the building ten! puynnmt6 for thf'l HaUUll.h()fl Dri\lfl SqulUtlll'!MIt 'pll(,E! fr(lm Qmaber 2004 tnHlugh JlltlllBry 2005 11f16/2004 9~OO:OO AM A(;COurltln~ SuperJlvor Dol. Tutt'llportatloll Admjl'llattutlCln 10/!6120a41:21 PM Norm E. Fedor, AICP r,.fMportatiol'l [H\o'll$iotl Ad'rdnllltrator Dale Approved By Transport!oll Services TranlPortatlon S41rvlcll'S Admin. 11J1/2004 4:2E PM Appro'Yed By OJ)llltStiOI\. Analy't D... Diane Penymlln Tr;)""porlion Sarvh::n" Ttlltltlportiltlall 5tltvkes Admin. 111212004 9:11 AM p.all.r.hnhatd EXltf:utlvl~ S~I:'et.lJY 0"," Approved By Tta"lIpnrtaiiQn Sltfllll:ifI5 'Ttan.'Jport4lUDn Sftrvlc(ui Admin 1 112/2004 9~,'i1 AM OMS CocrdlOlltpf Admiois1,alivft AuiJrtanl Dalll Approved By County Manager''! Office Office lJf M""'8{1C1me1'lt" Budget HJ3/2004 1 :03 PM Michael Smyk.oWllki M~llag.numt .. Budget Directot Datle Approved By Cmmty M;lOfl9C1t'S Qffi.;:tI ONiell! of MlllI.lgermlMt S lludgfll 11/J/20041:33PM Approved By ,lnrnm.. V. Mudd Board Q1 CO\J I1ty CD!flmll$.ionets: C<ll.Hlty Mall"~er 0... County M.un3ger'. Office 11/4/20UA 4:03 PM Agenda Item No. 1684 Novernber16,2004 Page 1 of 14 ,.~. EXECUTIVE SUMMARY Recommendation to approve Three (3) Adopt-a-Road Program Agreements at the Board of County Commissioners meeting at a total cost of $150.00 for two (2) new signs the other signs already exist. OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a- Road program. CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsors of the particular segments of roadway named in the Agreements, to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: The cost ofa roadside sign at either end of the roadway segment listing a new volunteer group as sponsor and responsible for keeping the area free of litter. The cost of these signs is $75.00 per sign, there will be 2 new signs installed for a total cost of $150.00 with the other signs already existing. The funds will be taken from the Transportation Services Fund (l11) and source of funds are Ad Valorem Taxes. ~ RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups listed on the Agreements as the sponsors of the listed roadways and the Chairman execute the Agreements on behalf of Collier County. Prepared by: Margaret A. Ramos, Administrative Secretary, Road Maintenance Department --,~.._,;;a -_ _.__ _.__'...-__--:::r ,,-. ---~ Agel1da Item No. 16B4 November 16. 2004 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summ.ry '66_ Meatlng O.te Recommend Board's approval of Adopt-a-Road Agre~ments (3) fDr the following: Sunrise Community of Collier County. Waite Munogemcnt, Inc. of Florida: and Corporate Cab, lnc 11/1612004 0 :00:00 /AJ!t Prepared By Datil MatlJflretA. Rnmelll Adlnlnllltmtivc> All11stont t1/112004 7:27:53 AM Trat1sportlon Service" Road M..lllt~nal1ee Approved By J.rt KI.atzkow Aui.tant county Attorn~y D... COlJI11y Altomev COUllly Attorru._v QfficCl 1 "1n004 8:47 AM Approved By R.oDlimln N.1U1h Accmlntlng Te:choician D.lC! TrlUUiportiQn S..,rvlculI Tr.1nllpartntlcm AdmllllutraUon 11/1/20049:09 AM Approved By Sniilrrltl Nf\wm.an A(:"(:f)unllng S1,lp~rvi5or Oilte Tr."!lportioll Services Tr:an..portiltion Adfninl,trutlon 11/1(2004 4:;W f~M Approved By Diarte Perryman Operations Analyet o~~ Tra"Uflortlo" Sll'rvicCI"I$ Tran:tpOM:.tlon Ser....iclul Admin 1112n004 8 -.,Iil'> AM Approved By John VUltl Rolld. MOln-tc:nAn(:CI Sllpnrl"tl!:ndnnt P.le: Trlllnsportion S6rvlcIlIJ Road MMintetHlOCe 11J2/20OA 'd:[J6 AM Approved By Norm E. Feuer, AH~P Transportation OivilJiun Admini$tlator Dilte Tr<lf1fipOrflon ServiCltlli Trilfltipol'tlftlan Sur\llr:e/J Admm. 1112/200410:54 AM Approved By Pal Lf!hnhard F.:xltc;uth'l! Secretory 0..< Tr3.t1'1pof''t8tion Selvic(!'~ T r.3l1tiport:ltion Services Admin 11/2/200-4 'j;{:16 PM Approved By OMB CoorcJinutor A.dIYlini'S.tt3.tive Au.j~tlllnt D.,. County Manager'$ OffIce Office 01 Management" Budyet 11JJ12U04 9:56 AM Approved By Mickael 5mykowIlki M~nGgement Co Budget Director Ua1. County MlloI1ger'!S ONic~ OHlce Qf MllIollgftmMt.. E\~ldfil<<ll 11/.'if20Q4 fli:4ft AM Approved By .lames V. Mudd c.()unt~ M.lltl(l~r Ollb~ Bo.urd of county CornnllstliullerS County MatllllYIU'S Office 1118120U4 1 :30 PM -~- --~---------I Agenda Item No. 1684 I November 16, 2004 Page 3 of 14 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and CODdioou nus COLLIER COUNTY ADOPT -A-ROAD AGREEMENf entered into this M..~y of t1 t': h-t ~ . 20~ by and between Collier County (hereinafter the "COUNTY"). and the volunteer group, Sunrise Community of CoOier County (hereinafter the "GROUP"), whose address is WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to pennit the GROUP to contribute toward the effort of safely maintaining a litter-ftee Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Greea Boulevard from Logau. Blvd to Col6er Blvd. (the "Adopted Roadway''), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention ManuaJ, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTeD), and the Florida Department of _ Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of --".~ --- ---- - -.- - - ~-----=-- --.- which by Uris reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 16B4 November 16, 2004 Page 4 of 14 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County AdoptwAwRoad contact and set up dates and times for their safety meetings. 6. Remove litter during daylight boms only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or overwpasses, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. It. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY dwing trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at aU times during the litter removal activity. The local maintenance office should be contacted to obtain . safety vests, traffic control signs and litter collection bags at least five (5) days prior to Utter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled tra..ili hags at the site for pickup and disposal by the COUNTY. - 17. After each-;ickup; the adOpting GROUP coordinator ~il1 rue a report detailing the-- . -- .....~. number of people involved, number of bags of1itter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed fanns will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's pennission., be retained by the GROUP during the term of this Agreement. 2 Agenda Item No. 1684 Novernber16,2004 Page 5 of 14 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under lUlusual circwnstances, i.e., to remove large. heavy or hazardous items. 5. Construct and place a roadside sign. stating that the GROUP is responsible for keeping the area free of litter. c. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the tenns and conditions of this Agreement. the COUNTY may terminate this Agreement effective immediately. 'Ille COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnifY and hold _harmless Collier County and its officers, agents and employees from 8I!Y claim. loss, . -.. ...... .--- - -..-- - =:. daniag~ Cos4 charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject. except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier CoWlty. and its officers. employees or agents. 3 Agenda Item No. 1684 November 16, 2004 Page 6 of 14 . .' E. NO ASSIGNMENT: This Agxeement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either omI or written, with respect to the matters set forth above. have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATfEST: DWIGHT E. BROCK., Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Deputy Clerk By: ty _.....-.~ -...- ~._--- ':':" Approved as to fonn and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney 4 Agenda Item No. 16B4 November 16, 2004 Page 7 of 14 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions 1HIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _ day of , 20_, by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Waste Management Ine of Florida (hereinafter the "GROUP"), whose address is 3750 White Lake Blvd. Naples, Florida 34117. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to pennit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS. by signature below, the GROUP agrees to adopt the segment of roadway known as White Lake Blvd. from Collier Blvd to the LandO (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following tenns and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by thiS-reference are incorpo~ herein. - .. __ .~ 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a ~ Agenda Item No. 16B4 Novennber16,2004 Page 8 of 14 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on median..~, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and retmn the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting~0(jp- crordinator will file a report detailing the number of people involved, number of bags of litter collec~ composition and estimate of recyclable materials, and hours spent Pre-printed fonns will be furnished by the COUNTY for making the reports. and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. I 2 Agenda Item No. 1684 November 16. 2004 Page 9 of 14 B. THE COUNTY SHALL: I. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold hannless Collier County and its officers. agents and employees from any claim, loss, _ ---=-.;;..0 ____ damage, cost, charge nr-expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the perfonnance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject. except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of irUury or damage to persons or property directly caused or resulting from the sole negligence ofCoUier County, and its officers, employees or agents. 3 Agenda Item No. 1684 November 16, 2004 Page 10 of 14 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties. and may not be modified except by a writing signed by both parties. Any and all prior Wlderstandings between the parties, either oral or written, with respect to the matterS set forth above. have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. A'ITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA - By: By: Donna Fiala, Chairman Deputy Clerk Approved as to form and legal sufficiency: Jeffiey A. KlatzkowAssistant CoWlty Attorney , 4 Agenda Item No. 1684 November 16, 2004 Page 11 of 14 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREErvrnNT Terms and Conditions ~ THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into thi~ day of ft--hhe..r . 2~ by and between Collier County (hereinafter the "COUNTY"). and the vohmteer group, Corporate Cab, IDe. (hereinafter the '"GROUP"). whose address is 240 Aviation Drive N. #202, Naples Florida 34104 WITNESSETH: WHEREAS, the COUNfY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to pennit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier COlUlty; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as North Road from west of Airport-PalIing Road (the "Adopted Roadway"), acknowledges the hazardous natw'e of picking up litter. and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorparatedh~tn.- ~- 3. Only allow such persons to participate as are detennined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising aU litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY. and attend a Agenda Item No. 1684 Novennber16,2004 Page 12 of 14 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only~ in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passeS:. and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the ooge of the pavement. 10. Remove litter a minimum of once monthly ~ and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (S) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pi~kup, the adopting GROUP~iOr will file a report detailing the number of people involved. nwnber of bags of litter collected~ composition and estimate of recyclable materials, and hours spent. Pfe..printed forms will be furnished by the COUNTY for making the reports, and tiled with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's pennission, be retained by the GROUP during the tenn of this Agreement. 2 Agenda Item No. 16B4 November 16, 2004 Page 13 of 14 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month~to.month, at~will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the COmIty project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim,. loss, d.am8ie,- cost, charge or expense arising-()Ut--.c-of ';iact, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of uyury or damage to persons or property directly caused or resulting from the sole negligence of Collier County. and its officers, employees or agents. 3 . . I 1,,- Agenda Item No. 1684 November 16, 2004 Page 14 of 14 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier COWlty. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties. and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date mitten above. ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Donna Fiala, By: e.,t. 'ra.It"l""""'" Title (print): Prft!..'> .d~__..f- Phone _# (daYl:---'"' ~il#J3 . ICJ~(.p Phone #(liigJit)-:- ~<i ;. ~ ( (I -- Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney 4 Agenda Item No. 1685 November 16, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve a budget amendment to recognize carry forward amounts from FY04 for the Lely Golf Estates Beautification MSTU Fund (152) in the amount of $88,349.00. OBJECTIVE: To obtain Bee approval of a budget amendment that will allow unexpended funds in FY 04 Lely Golf Estates Beautification MSTU Fund (152) to be carried forward and appropriated within the fund. CONSIDERATION: Funds were appropriated in FY 2004 for the Lely Golf Estates Beautification MSTU. Staff was unable to encumber all the appropriated funds before the end of the fiscal year. Therefore, allowing for an additional carry forward that will be appropriated within the fund. FISCAL IMPACT: A budget amendment will be needed to recognize the additional carry forward in the amount of $88,349 and will be appropriated in the Lely Golf Estates Beautification MSTU fund under Improvements General for future improvements within the MSTU. /'- GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the necessary budget amendment to recognize additional carry forward in FY 05. Prepared by: Sharon Newman, Transportation Division -..;' "-* --..- -~ ",-... - 1 - Agenda Item No, 1685 November '16 2004 Page 2. 013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summ.ry 16B5 M..ttng O.te Rftc:ommend~tiDn for the Boird of County Commi&&ion~r6 to approve a budget amflrtdm"nl 10 fC(:oIJIl1lt! carry forwlllrd arnounls tram FY [)4 fur the- ltlly Gulf Estato& Beilutllic;atlon MSTU Fund (152) In the llmmmt Clf SSB,349.QO 111'f6/2004 9:00:00 AM Approved By Sh.rQn Newml" AceOlH1tinU Supenil.or D... Tfal'l8punlan .!':hJlt'\lh:os "r "In.,'t;port.til)l) Adnlln~.tru'li(m 1(1/22/200.4 2:5& PM Approved By aDb P<<r'fftrstUl Prnjm;t Mal'l"9"" O.It> Tra"sportion ServicMI TraHic Opeflt~(m'l! ATM 10/25/20048:15 AM Approved By DIOIineB. Hilgy l'rtl.fhc Opcltlltiollti llnd Alt "frana Modlt!l Dir8ctof 0... Transportion Services Tr4fflt:: Opatlltlon../ ATM 10/27120046:23 PM Approved By Diane Pcrrynuln OpcratiOl'l's Analyst 0... Tunsportion S~t....iCiU r'UI'l*portatiDl'l ServlC:Us. Admin. 1112/20048:54 AM Approved By GlOIl" Herrera M.un..gp.m~t11/audglrt Analyrrt Date lrantlportiDl'l S,erviclul lraIUIJJort.utin" Op.tldlull' 11/J/2004 9:51 AM Approved By NOlrn E. Fader, Ale.l Tmrlllp(lrbrtlon Olvl,liofl Ad I'T1I1l ilt.It.lltm 03te Tr.ln5f.'ortion 541rvictts TranliJ.'lartOlltlon Sltrvk.~8 Admin. 1'112/200410:51 AM Approved By PAt Lelmhsrd f::)(ttcutlVIt Secr4llary D.te Tr.nlfpo'lat.nm SelVlcflSi Tranll:port.tion Servlcell AClTl111 11/2/20041 :On f.lM Approved By OMB CUordlll~tor Admlnistratil1e A.$IUllt.1111 Dat~ County Mllnllgr,r'1i Offioe Offien 01' Man.ag:ttme:n1 & ButJgnt 1 "312004 9:49 AN Approved By Michael Smykowllki M,tnaoement & Bodgr.t Dlr"ctor Dot. County Milll.u9<tr's Officlt Office of Marlllgenla"t & Budgltt 11/4120048:19 AM Approved By JumtlS' V. Mudd County M;anuger 0... Board of County Commiallioner.. Coullty MSl'lalger's OtfiC'e 1 "11<4/20043:14 PM Agenda Item No. 1685 Novernber16,2004 Page 3 of 3 Fiscal Year 05 Canyforward Analysis by Fund Lely Golf Estates Beautlftcatjon MSTlJ FUND 152 R_ Carryforward (Beginning Fund Balance - FY 04 Forecast) $28,200 Revenue - Opending Revenue - TIllI1lIfIn & ContIIbutIonI Revenue - Bond Pnx.eds 1183,673 $0 $0 Total Rawnue . tI30IN '221.773 ExpendIture Expenditure - Personal ServicM &0 Operations Expenditures - Capital I GnInlIln Aid ExpendIture - Trana18rs ToG! ExpendIIu.... .llI3lIIN Es~matBd Carryfolward FY 05 . 9I30I04 $97,836 $0 '28,588 '127,224 $14,&48 $8,2DO SI8,348 Budgeted Canyforward FY 05 v___ ~, l!mRIIIJJJL UI ab--. Jmll I U b.a. Notes Aclual year end 11/30 openIting nIY8I1U8 abMnt the trantfw 8llC8llda forecaIt by $11,173. Oper8tlng ~ 8llll3O below mr.cat Forecast capIIIII oulI8y of $lIO,ooo was not expended during FY 04, Agenda Item No. 1686 November 16, 2004 Page 1 of 3 EXECUTIVE SUMMARY - Recommendation that the board approve the installation of a traffic signal at the intersection of Goodlette-Frank Road and Wilderness Drive at an annual maintenance cost of approximately $3,500. OBJECTIVE: To request the Board approve a fully actuated traffic signal be constructed, activated and maintained at the intersection of Goodlette-Frank Road and Wilderness Drive in accordance with any and all applicable Federal, State, and County standards and specifications governing such traffic control devices. ,.-. CONSIDERATIONS: Florida Statute 316.006 provides that the County "may place and maintain such traffic control devices which conform to the manual and specifications of the Department of Transportation upon all streets and highways under their original jurisdiction as they shall deem necessary.. .to regulate, warn or guide traffic." A traffic engineering study, performed and approved by a Professional Engineer registered to practice in the State of Florida, has concluded with the determination that the subject intersection meets the minimum warrants for signalization, specifically Warrant Number 6 "Coordinated Signal System" as set forth in the Manual on Uniform Traffic Control Devices (M.U .T.C.D.). Installation of a traffic signal at this location, at 0.8 miles north of the signal at Golden Gate Parkway and 0.5 miles south of the signal to be installed at Ohio A venue, is within Collier County Access Management Guidelines. While traffic signals are typically determined as warranted based upon meeting Warrants 1 and/or 3 (volumes or delay and crash history) under the M.U.T.C.D., Warrant 6 (progression) applies to this instance as this signal provides an even spacing of signals along the soon to be improved corridor and will create gaps in traffic that will allow side streets to obtain efficient access. "-~- -?-- FISCAL IMPACT: This traffic signal will be installed by the County's contractor as a part of the Goodlette-Frank Road six-laning project, County Project Number 60134. All of the costs associated with the construction of the traffic signal will be reimbursed to the County by the Wilderness Country Club Homeowners Association. Collier County will assume responsibility for the operation and maintenance of the signal, including electricity billing, at an average annual maintenance cost of approximately $3,500, paid for through the normal Traffic Signal Maintenance, Electricity, and Signal Section personnel funds in_the annual Traffic Operations 101 Funds budget. GROWTH MANAGEMENT IMP ACT: This action will result in no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve a fully actuated traffic signal be constructed, activated and maintained at the intersection of Goodlette-Frank Road and Wilderness Drive in accordance with any and all applicable Federal, State, and County standards and specifications governing such traffic control devices. Prepared by Robert W. Tipton, P.E., Traffic Operations Department -774-8192 .- Agenda Item No. 1686 Novernber16,2004 Page 2 of 3 --~-._----:;;;...- Agenrla Item No. 1686 November 16. 2004 Page 3 or 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summ.ry 16B6 Recommf!ndation that thf! BOilrd approve the Installation of B traffic signal a1 th~ infil!!rsection 01 Goodletltl .Fr..rlk RoaD and Wildemesti Drive ut an 81lMUal tTlaintl!rlaJl(;~ cOGl uf appnrxirnittely $3,500 MHting Oat. l1il5J:2004 9:00'00 AM Prepared By D.te RDbe,tW. TlplC'l". P,f.. Cr.>lInty Traffic Opc!f.linofl Eflgintllt!r 11/2(20043.'51):13 PM Tr"",sportlon Sflrvic.ct'5 lrOltfi,; Opura!iol'l$/ A TM Approved By NC'lrm E.. Feder, AICP 1 r':lOsporL3tion Olvl.lo" AdminlSlrator Dotn Transportlon Services Tun'portation 5ervjc~tl Admin 11121200", 5:03 !-1M Approved By Sharon Newman Accounting Supervis.o. Dill! Transl'lortion StHvl<:e" T,anllportlhon Admlflistflltkll1 1 H3i200.4 7:57 AM Approved By p.~ L.eh""ilrd EXe:ClJliYflSflcmtlry nalfl Transportation Sef'/icea Transpon8hon Services. Admin 11JJI2U04 6;38 AM Approved By OMB Coordlfl;ltor AdminilltrativfI As.ist.lnt 0... County M,1"oo~r'$ Ot'fic:e Office- of M.1Inagfl","flf &. Budgel 11/3120042:35 PM Approved By Mkhou!l 5mVkl)wft\(] M.anHSff\mel'l1 ,\ Budge! DiMr.:!o' DHte County Msnllg1!r's OfficI:! Office uf MMnl!gemef1t & BUdget 11/4/200410:13 AM Approved By James V, Mudd County Manager Date 8onl'd of County Commj$..,ion~ni County MilIllag~r'$ Office 11/S:2004":53 PM --"'"':---"'?- Agenda Item No. 1687 November 16, 2004 Page 1 of 8 EXECUTIVE SUMMARY Approve an Amendment No. 5 to extend the time of the Contract for Professional Services Agreement by Agnoli, Barber & Brundage, Inc. for the Livingston Road Improvement Project, from Pine Ridge Road to Immokalee Road, Project No. 62071. OBJECTIVE: To receive Board approval of Amendment No. 5 to extend the time to January 31,2005. CONSIDERATION: On June 8, 1999, the Board approved the Professional Services Agreement with Agnoli, Barber & Brundage, Inc., for the design of Livingston Road, County Project No. 62071. Amendment no. 5 extends the time in that agreement to January 31, 2005, which will be after the completion of the Project. This time extension to cover any time on construction related issues. Schedule project completion is December 22, 2004. FISCAL IMPACT: This Amendment will not have a Fiscal Impact. GROWTH MANAGEMENT IMPACT: This Project is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve this request for Amendment No.5, and authorize the Chairman to sign the Amendment. Prepared by Lynn R. Thorpe, P.E., Principal Project It8m Number Item Sumtnllry Me.ting O.t. Approved By Eugene Calvert Tr.na;por1alionfi Sll'tvit:lf'ul Agenda Item No, 1687 Noverober 16. 2004 Pagl! 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1687 Approvt! an Amendment No 510 t!xtenti the time of the Contract for Profe1.siooBl Services Agree-menl ~')' Agnoli, Sarber & Brundage Inc tOf the LHlingston Road Implovement prC'J8cl. 'film Pill~ Ridqf!' R:o<!d to ImtTlok.illf!'e RnBd. PmJM1 Nu 62071. 11/16120049:00'00 AM Prin(;ipal Project Manll9"r Tr.111Ilpart:rtto" f..nllJnfl!ering o1nd Construction M.nilgen1enf D.l< 10122f2004 8:U AM D... Approved 0,. LiuT.ylor Trnn5partlon Service-II Mfllnoll1tlrncnt!8udgp.t An..tytrt r,ansportation Admiflistratlotl 10/26/20043:29 PM 0... Approved By Clune Perryman Tr.Jnsportil'm S&rviCtfl OperatlOIHi Analyst Tran.portatlon S~rviceli Admin. 1112120048:&8 AM Date Approved By Pal Lchnhard 'rranspolt.llon 5erllj~s Executive Secretary 'r rllnsportltiol'l Servlcell Ad!1'1111 11131200,( 11:40 AM Dolle Approved By Shuro" Nt!'Wmu" Tr,Ullliportioll 5ervJcew ACf:O\ll'ltlrtg Supervlaor lralll;portution Administration 11JJ/20Q4 9:26 AM DO/to Approved By aMI:) CocnHn.afUf County Manager'" ONice Adrnl"illitrative AllislJ;wl'lt Offk.e. of Ma"lilglf'lmont 8. Budget 1113/200" 9:3" AM D~tc Approved By Norm E. Fnalf'lr, Aiel=' T "mapartia" Selvir.;es Tro1l1.port;1tion rJlvis,ion Adminiatrarof rramsportatlon Service" Admin 11/3/200411:17 AM Date Approved By LindO! JaCkSi'D" AdrnlniSl1rJllhlt: Sr:rviCl!'5 Cotltlub Agel1t Purchasing , 11:\17.004 12:35 PM Date Approved By Steve CuneI! Adrninll;trutlve SetllICf!S Pun:ha.ingIOcmeul Svcs Director Pur,""uclr,g 11/3120041:24 PM Du", Approved By Susan U:ahe, CO'.lnty Manager',., OHlce Senior Mut1agernel11.r8udget AniJlyst Office af MliInl1gemr:nt & BUdget 11/3:1004 2:2G PM u... Approved By Michnl Smykow.ki Gounty MOInJlgcr', Oruca M.nllgeTl1611t 80 BudQ1!'1 rlitectnr orfH~e 01 Man.llg!!'lTlan1 & Budgot 11/5/200-411:J4AM Date Approved By Ja:rnefl V, Mudn Board of ';OUI1ty Conlmi..-,ioneuI County MOInagm COII"ty MilItlUger':s onice 11/5/200412:3.1 PM - ~- ~--,-~---~-~-~"-- -",,-, Agenda Item No. 1687 November 16, 2004 Page 3 of 8 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: UvinQston Road ImDrovement Proiect PROJECT #: 62011 BID/RFP II: 98-2904 MOD II: 5 AMOUNT OF THIS CHANGE $ 0 PQ#: 916190 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 979,990.00 CURRENT $2,558,921.95 (STARTING POINT) (INCLUOlt<lG THIS CHANGE ORDER) Last Bee Approved Amount $2,535,806.95 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BeC Approval 5-28-02 Agenda Item # 16 85 Cumulative Dollar Value of Change Orders to this ContractIWork Order: $ 1.578.931.95 Percentage of the change over/under current contract amount--2JU% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to Becon Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4 CURRENT: COMPLETION DATE(S): ORIGINAL: 6-14-01 CURRENT: 1-31-05 SUMMARY OF PROPOSED CHANGE (S): To extend the time of the original Professional Services Agreement to coincide with the current construction contract. This will allow for post-design services for the duration ot the contract. JUSTIFICATION FOR CHANGE (S): The current construction contract runs until the end of the year. PARTIES CONTACTED REGARDING THE CHANGE: Bonnie Zlnn,. Usa Taylor, Lynn R. Thorpe. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) _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 _)L...oc~e aQQ.ro~ate parties have been consulted regarding the change _x_ Proposed prices, fees and costs set forth in the change are reasonable PROJE~. MAN ~ R.E E"QL\ . MENDATION: APPRO E_L ~ Date: ,_(a(."" DI$AP' OVE: Date: COMMENTS: Revised 11/3/04 Agenda Item No. 1687 November 16, 2004 Page 4 of 8 LIVINGSTON ROAD DESIGN PROJECT AMENDMENT NO.5 TO THE PROFESSIONAL SERVICES AGREEMENT PROJECT NO. 62071 THIS AGREEMENT is made and entered into this _ day of 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "COUNTY' or "OW NER") and Agnoli, Barber & Brundage, Inc., authorized to do business in the State of Florida, whose business address is 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 (hereinafter referred to as the "CONSUL TANT"). WIT N E SSE T H: WHEREAS, the OWNER and CONSULTANT currently have a valid Professional Services Agreement for the provision of professional services for the design of Livingston Road Phase 3 (from Pine Ridge Road to Immokalee Road), Project No. 62071 (hereinafter referred to as the "Project"), said services being more fully described in said Agreement; and - -- -=- WHEREAS, OWNER and CONSULTANT agree to a time extension until January 31, 2005 is necessary; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: -1- ARTICLE ONE CONSULTANT'S RESPONSIBILITY Agenda Item No. 1687 November 16, 2004 Page 5 of 8 1.1. The CONSULTANT'S responsibility for said Project will remain unchanged. ARTICLE mo ADDITIONAL SERVICES OF CONSULTANT 2.2 The services of the Consultant will remain unchanged. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER'S responsibility will remain unchanged. ARTICLE FOUR TIME 4.1. The OWNER and CONSULTANT agree to extent the time of said CONSULTANT'S services to January 31 ,2005. --~_---:-?- ARTICLE FIVE COMPENSATION 5.1. Compensation will remain unchanged. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Ownership of Documents will remain unchanged. ARTICLE SEVEN MAINTENANCE OF RECORDS -2- 7.1. Maintenance of records will remain unchanged. ARTICLE EIGHT INDEMNIFICATION 8.1. Indemnification will remain unchanged. ARTICLE NINE INSURANCE 9.1. Insurance will remain unchanged. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. SerVices by CONSULTANT'S own staff will remain unchanged. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. Waiver of Claims remains unchanged. ARTICLE lWEL VE TERMINATION OR SUSPENSION 12.1. Termination or Suspension will remain unchanged. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. Truth in Negotiation Representation will remain unchanged. -3- Agenda Item No. 1687 November 16, 2004 Page 6 of 8 ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. Conflict of Interest will remain unchanged. ARTICLE FIFTEEN MODIFICATION 15.1. Modification will remain unchanged. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. Notices and Address of Record will remain unchanged. : ARTICLE SEVENTEEN MISCELLANEOUS 17.1. Miscellaneous will remain. unchanged. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Applicable Law will remain unchanged. -4- Agenda Item No. 1687 Novernber16,2004 Page 7 of 8 Agenda Item No. 1687 November 16, 2004 Page 8 of 8 ATTEST: By: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA [AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT] Dwight E. Brock, Clerk Date: By: Chairman Approved as to form and legal sufficiency: Assistant County Attorney AGNOLl, BARBER & BRUNDAGE, INC. Witness By: Daniel W. Brundage, P.E., President Witness (CORPORATE SEAL) -5- Agenda Item No. 16C1 November 16, 2004 -Page 1 of 11 _. EXECUTIVE SUMMARY Recommendation to reject the bid from Vila & Sons received for Bid # 04-3716 and to provide authorization to re-advertise for the South County Water Reclamation Facility Installation of Irrigation and Landscaping, Project 725071 OBJECTIVE: To encourage competitive bidding to get the best pricing for the County for the installation of an irrigation system and landscaping at the South County Water Reclamation Facility (SCWRF). CONSIDERATION: Bid # 04-3716 was advertised on September 14, 2004 in accordance with County Purchasing policy. Two (2) bidders out of the three (3) bids received were disqualified because no Bid Bond was provided as required by the Bid Package. The one qualified bidder is the highest priced bid. Also, pricing on the bid alternates is inconsistent. Therefore, the Public Utilities Engineering Department and the Purchasing Department cannot recommend a contract award based on the one qualified bid. It is in the County's best interest to re-advertise to encourage competitive bidding to get the best price. It is recommended that the one qualified bid received for Bid # 04-3716 be rejected and that authorization to re-advertise be provided. The proposed contract is consistent with the 2003 Update to the Wastewater Master Plan as adopted by the Board on May 25, 2004, as Agenda item 10 C. The SCWRF pre-existing spray irrigation system is ,_ inadequate as a result of several construction and expansion projects. The initial project budget of $60,000 only considered the cost of rebuilding the existing site irrigation system. It was subsequently determined that rebuilding the existing system was not feasible and that a complete new irrigation system would be needed to restore the 4.2 acre SCWRF site. The irrigation system for the entire SCWRF site will use reclaimed water and its range includes the maintenance of the privacy berm landscaping along the plant site boundary. The Board will be presented with a Budget Amendment request once Bid # 04-3716 is re-advertised and qualified bids are submitted. -FISCAL IMP ACT: This-reque.?l h~s no fiscal impact. Fiscal impact will be addressed in a future request for a Budget Amendment and contract award. The intent of the proposed work is consistent with the Wastewater Capital Budget funds for FY05 as approved by the Board on September 23, 2004. GROWTH MANAGEMENT IMP ACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio of the Governing Board of the Collier County Water-Sewer District reject the bid received by Vila & Sons for Bid # 04- 3716, and authorize the staff to re-advertise for the installation of an irrigation system and landscaping at the South County Water Reclamation Facility. PREPARED BY: Karen B. Guliani, P.E., Public Utilities Engineering, Senior Project Manager -- Agf.lndij Ilern No. 16C1 November 16. 2004 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS MINting D.t, VJC1 RII!l':om/'f1(lrulatiorl \(1 rel"l:!: !tIEl b~d frol1'\ Villi & Sn"s rtJ~ei"tl~ for Sid 'Il 01:10>3.'15 6r.~1 lei prQ...I(l~ lIuthQI'IZ.ltlOn to ra-acJvertlu lor the 8:oulh County Water Reclamalion Facility In~t.l!.tjon of InigatiCln gnd Land5caping. Project 725071 11i1ef,HW4 ~:QO:()O M'JI Item Numb.' Item Summ.ry Prep.red By C*te Kilr~n fl. (.;uHani, P.E Senl(,ll' Proipr;t MllI'ilIRIH 10126JlOD4 3:63:31 PM PllbUcUUlltilt5 Public Utllllltltl (""Inurlflg Approved By Karl W. Soyel', P.E. Prlnr.J*"al Prole..'!: Mlln.gtH 0... Publlr. UltlllifllJ Public lItllltht$ EnlllMnrtna 10;21120048:21 AM Approved By Lyn Wf)(ld Pure".!>ln; Agent Ollte Admin-llJtr.1tiv~ !HIrvlr.e.'5 Ptlro:.tlnslng HJ!27/ZI.lQ4 9:0lJ AM Approved By Stevt Clunell PUr<:hu~I/1.QIGenltull 511"ctl Olredut Oab! Admlni1tratjVfl Sfl'yjc:u PU1cl1atllnlil lU/2.i"f20lt411:61 AM Approved By Roy D. A.tldtmum, P,F.. Publl<: UlIltl:hn. l:.nglnlllClrlng Dlt~<:lor Dille PubUt. Ullllth.!\ PubUc IJtUlt/eli El'Iglnll/rring 10/2812000411;2f1 AM Approved By JO!ltlph D. Chuai:ham W""tllwlItlftOlrnc;:lo, Datn "'ubll~ UtlUtie5 WasleWalltlr Tre,1tm!!nt 10{211!2UO'" 6:07 PM Approved B)' Thnml\l. Wl(icm OpemtlOl'lli Olr.,f:tor Dal" Public UtUllie., Public: lltUlUlr$ t'Jp",rullanll 1 1/21200.4 IL4" AM Apprcwed By James W. Oul.ony Publll:: Utllltle1t Adnllltl!>trlltol Dale PubJlc IJlllltlPos Publl4: \JtllJtlt!l. AfJmlnlslrll!i()r1 11/2/21)041:09 PM Approved By OMB Coordinator Adlnlnl~ll"tl\le Aul~tltrlt 0... CC!Jnly ManilDC!r'~ Offil:\": Omen 01 Mnl1alJUmltnl .& Budgfrt 1113/200.4 9;41 AM Approved By Randy GluetlWilld Ma"lgEUt1t!1"1t16udyet "'naIY!Lt Date County Manuglt'-' Office OfflctI of M4IM9lftmttnt '" Budget 11f3I2UO<t 9:57AM Appro\'ed B)' MlchU4!1 SII'lYkow'kJ Mlu,ug.lnlmt" audyet Dlrel:tol Dut!! COU"I~' MlInfl,ger'il r.lfflc~ tHflr:r. or Mi\n4lgemt:nl &. t3udgll't '1113/::1100.43::.\3 PM Appro\'c:d B)' ,hu,"etl V. M \ll:td ~~(I\Jnl'Y M,UUljJll, 0.1111 Board of County CpmmIS5ij(1t'1lt:tlo Courtty MftMU0f'11 orllei!' 11J.4/200Jl :/:-16 PM Agenda Item No. 16C1 November 16, 2004 -Page 3 of11 P. U. E. D. ~ '04 OCT \5 ~ 10: 43 ~ COLLIER COUNTY GOVERNMENT Administrative Services Division' Purchasing Department Purchasing Building 3301 E. Tamiami Trail Naples, Florida 84112 Telephone: 2391774-8407 FAX: 239/732-0844 http://co.collier.fl.us Date: October 15, 2004 To: Karen Guliani, PUED From: Sue Hebbe, Purchasing Technician Re: Bid #04-3716 "Install South County Water Reclamation Facility Irrigation & Landscaping" Enclosed please find a: copy of the tab sheet for the above referenced Bid. Please review each bidder's pricing, including checking the unit prices against the extended price (mathematical calculations are not checked attabulation). If other information was required, it has been noted in the tab sheet. If the tab sheet has the notation "See Bid" or "See Note", it means that there is additional information included and that the BID needs to be reviewed. Remember, "Award of bid sh~f1_ be made to the lowest, qualified and responsive bidder(s) - meeting specifications." Please identify the recommended awardee(s) below, and return this form to Purchasing. If the apparent low bidder(s) is not the recommended awardee, please document your reason(s) for your recommendation of another firm(s). If you have any questions, please call me at 774-.8967. Recommended Awardee(s): t, . 1<":" 'i.l'7Jt..-- ')U/Ii. .LW-Ci.0 fXJ 1/.<1 ~l1-)-6 fie. r:A!.1~e-J!- ~'.eL ad (U.t 'I-lLt/Li; - /d./tLc&.J.{;,.. ~ , '6.(.. dd ..e.1..JC :u,:t{lLJl.. ",', , . .L . ., 7Ul ),)..( d' / '" 1.1) t3 tJ ~J , ~ h.d....il. 9~~ tIx..d d~l" .L'""UO ~ -I--vj' ~~, 6.,:' r, C2l.J<U 114-. 'U-L-?::t t-rv' /iA,.d /aJ/~".11__~ 'J J{I-4.,..;j i.1(..-l-C~~~~ 'l4.-t.'i.. LU. wt::l~. . . '... .(J hi. '. .. 1 ' /". -. '." . - ., e:-?4 t....C<-c.l.Jl a ~.;f: tJ;; ~. 'f;"s t!Li-i.L.-J~,,',Q ~ i'1{ '1-r:?.i:JJ:!i fci ,u:' (L.4.-Ll.<'''L~ etc. ~ . ~ U/t,~<<.Li:.. If,: r:/ dl~L 0kfq-t-Y ~. )441 pJL<.U. Vn J ~. J4<JA.a'1U.",.. 4- . 'I /l - (I - J\. (;LU,I.- /<:;), I" _ J;::; ._ u Agenda Item No. 16C1 November 16, 2004 . Page 4 of 11 "0 -- ! IN I ... "'jl CJl ... '" N I ... N I i ! 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CII 0 10 <:) 88 8 88 8 0 88 8 8:8 8 ~<:) J~'~' - <:) 0, I I I i i , i I I I en I z n 0 0 :: I ~ Ii i.. ... .. . I , g I I Co i , I I I , .. , I i i , j I I ! I , ! i i I z 0 :: I I ~ DI i I I 5 I I I [ C ! ! i I I I Iii Ii I I 1 I ! I I ~ .... ;1 Oc'..:l Ii -.j .. .... 001 I~ -! .....= :"'~ N:E i:n "T1 ~ Q) ~ !!: Co r- !l Co Ql f;l '2. ::l CD. o III "'C lia -oW liSl !:E .. ;:J C/)1lI ~<g li:'1 3i i:::l "'0 .... c ",,'" ~~ 'C III S-z 100 l:~ ~... gg> <::I !.,.,. "0;) .., 0;) Agenda Item No. 16C1 November 16, 2004 Page 5 of 11 "tI ,g CD !\> sa. ~ .11 I : I .... ;;)1 .... Q CD I~ ,(1) f <-' .... i , i i I ..... !' ~G) "tI 10' I!' CoO I iff ill; ~ o a i ~I ~ ::I, o~ ~ '~ijf= a !75, r ~ i "tI n(') i III ::1 i!, i'i 31 3ig~ 001 ,[= !\>' ..... I: i :J: , I Cl ::I:' I~ ~ Ill, P. ri. llnl ~ .. .. .. . C ~ , i 10- 0' a. ,Ill ~ 0 o CD I(j) i I 0 o .... Iii! 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S f'" <! ~,.,. .. ero (Nero i ---:p 5l. -.j ~.....-._- Agenda Item No. 16C1 November 16, 2004 Page 10 of 11 ii i \ -\ I ! ... -\( N - :&l .. \.. ! rr II~ C') i~ II- lje:: CI.I II (I). CI>> '\!: ~IC> 0 III i """, nli i !II; ;:1 !:j i! i! 5l. '~iii Ii I I~! -g ,-g lIli Q. III 'Ill III c~ i!; i , :.If ~ i '. i1I ~8> !] ...1 I ~ ,- . iiI I ~it Cl.':!!jl :"1 N" il ii = 5'" j1. !.!4 sii ii i ..l "- ( I'" II> 13 f I~\ !! ;& :I '" iri / IQ ~ !~ 3,;" , ~a i.o i i z I~i 15l. n i~i II l'~ il~ 0 :z: i~ t C 5l.Ui I ~ c: Z ," ! ..n ::I 8 f9.J ~ \ "- i ~ !i~ z c ~i f'll 3 c::: II ~ :::t ~ "'If ~I '- n ::r I I j I i' I C'I I 0 :I III i;t ;t is: ;t lit i~ If ~ ~ -4 1 !to' I" ;:- it ~ is: I~ s: t . ,- c: ii I ~ "I:l"" =tig; f;;i: ii ~~ i, ~ ini Ii ' i;- ~ ! 8- ....;j ;; i~ &ri;::);:: !:!!j l(~ I lP ~ ...18r- 9 0I=.::!l I I S I ii -<-< -<-< -<-< .. CIJ 0 :::I ~ fa... M i ~ ~ i ~ ~ ... .,. "oj'" :a, ~!~~ olo'Ol ~ .bl 8 8 b 8 b -8 b- . \. . ClCl 0 Cl Q - 8,88: " I j I CD C'I & " r- III , I i I ~ i i a. 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OJQ,) ...... ..... ....cot-.. .E~a -0 ~~ ~ct-.. .- :J... <I.l 0 0 o <I.l <I.l () ......... .....c e ~"So... 000) CJ)CJ)c Q,)'- ~.co. co...... co =....~ >42-0 E <I.l C o.~~ J:::t::-o -oQ,)c :.o-?;co <I.l co c .c dJ.2 - .......... ......oco ~ .......2' '-, c t:: ~o- .-- orno ......NC c 'C 0 .20:;:::; .......cco co......- -o:Jco cco...... <I.l <I.l en E-o..!:: E '>~ o 0.- o Q.'u -Q,)oco 'o:::......u.. ! "" ... ... is o .- .. CJ CC " ~ " c ~ E E o CJ ~ ~ ~ i F Agenda Item No. 16C2 November 16, 2004 Page 1 of 10 - EXECUTIVE SUMMARY Recommendation to approve Work Order VC-02-15 under Contract #02-3349, Annual Contract for General Contractor Service, with Wm. J. Varian Construction Company for services related to the South County Water Reclamation Facility - Security Upgrades and Facility Reliability Improvements, Projects 725052 and 725081 OBJECTIVE: To improve security measures and infrastructure at the South County Water Reclamation Facility Operations Building by furnishing and installing new impact resistant security doors, re-keying entry points and painting the Sludge Pump Room ceiling and walls. CONSIDERATION: The Operations Building at the South County Water Reclamation Facility (SCWRF) is more than 10 years old. This Work Order is needed to replace deteriorated doors, provide new equipment access doors, and to the paint interior of first floor Sludge Pump Room. Upgrades and re-keying of the access doors will further implement the Facilities Management - Security Department recommendations in the Public Utilities Security Survey Report dated December 30, 2002. This project will improve plant security and infrastructure that is consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item 10 C. .--- Staff requested cost proposals from three contractors under the Annual Contract for General Contractor Services, Contract #02-3349, to be submitted by October 15, 2004. Three proposals were received by the deadline. The proposal amounts are as follows: Wm.1. Varian Construction $59,736.00 Professional Building Systems $64,105.00 Surety Construction No Quote Quotes are attached. -..;..-.;;;;;110 --- ..._ - - - ~ ~ The projeet'-aesign architect, Schenkel Shultz, has determined the low quote to be fairdanateaso-nable. A copy of this recommendation letter is attached. The qualifications of the low bidder has been scrutinized by the Public Utilities Engineering staff and Wm. J. Varian Construction has been determined to be qualified and responsive and that they have a satisfactory performance record on previous county projects. Staff proposes to issue Work Order VC-02-15 to Wm. J. Varian Construction Company in the amount of $59,736.00 for the SCWRF Security Upgrades and Facility Reliability Improvements. FISCAL IMP ACT: Funds in the amount of $42,286.00 are available in Project 725052 for the new doors and associated structural work. Funds in the amount of $17,450.00 are available in Project 725081 for the extensive surface preparation and painting. The source of all funds is the Wastewater User Fee Fund 414. The proposed Work Order is consistent with the Wastewater Capital Budget funds for FY05 as approved by the Board on September 23,2004. ,-.. ",................ . Executive Summary SCWRF - Security Upgrades & Facility Reliability Improvements Page Two Agenda Item No. 16C2 Novernber16,2004 Page 2 of 10 GROWTH MANAGEMENT IMP ACT: This project has no impact on the Growth Management Plan. RECOMMENDATION: 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 Division Administrator to execute a work order, pending County Attorney approval as to form and legal sufficiency, to furnish and install new impact resistant security doors, re-key entry points and to paint Sludge Pump Room ceiling and walls at the SCWRF. Work Order to be issued to Wm. J. Varian Construction in the amount of $59,736.00. PREPARED BY: Karen B. Guliani, P.E., Public Utilities Engineering, Senior Project Manager .-- --z~. -~ .- --- ...-- Item Number Item Summ.ry MHtlng a.t. Agenda llam No 16C2 November 18. 200A. rage 3 0110 COLLIER COUNTY BOARD o~ COUNTY COMMISSIONERS 1lJG2 R"CO"lm~l'ltllltfmllcl ilPPlUV!1 Wnt!<- md~r VC..O'2. ~ 5 ul'ldr.r Con1ruel" 02..~349, Gen~lrul Contractor Servictr. with Wm. J. \isriln Carrstruc..1:icm Comp"I~Y fo' servicElI rel.ated 10 the South Cnunty Wele' Ret.lamalion Facility - Security Upgrades and Fll.cHliy Reliability Improve'T1E1!"\ts, Pr"j~ct'i nr,052 IInd 726i)81 1~i16f)UCj4 f;!:OO;OO AM Kurl!!f1 a. C:lullnnl, P.E.. Slfnlar PrG,,,et Manll!1r1r 1U1i612ut\ll 3;4~:31 PM Prepared By r~ubllc Ut~lltle& Dare Public UtiHtlcs Engineering Publl<:. Utllltin Enqinll'orlnQ Dire-etcH Oatr Apprond By Roy fl. Andemon, P.E Pupllr. Utillllello Publh:. Utllldes. l::nQIM~r1"'1l 1 0127(200.4 7:t11 AM I<nrl W. Boyer, P.!:. Prlnclpal PrQjlllCt M..ager Do'" Approved By Public Utllltilt1i Public: UIIIUlell EIl~ln"rlng 10121f2GO. 8:14 AM PUfc;,",u,II'lU A,ent Oate Approved By I.yt1WOOd Admllli1itnl.tlve SIMVlclt'\ Pl.lteh'lIln~ 10/2B12004 \1:34 AM !Un\'tlCllrllull Pl,lrcha':ljl\ol(j~nNlIl 8\,11:$ D1u!!;lor Oal.. Approved By Adminl5trativilt Stlrvice5 Putr.:hftsmg 1 tH21112004 9:40 AM Approved By Op!~faliDl'l$ Olnll;:t~r Dn'" ThotnllS WIde, PubtlcUtlllt/u Public lIU!Ililu operatlonr; 1QJ2/1d20D4 04:2.5 r'M W4In;lewal.." DlrectDr Oatt: Approved By ,Io$.cmh rof,. Cheuthnm I~ubllc UtUIUel WattlllWll.te, Tlutment 10/28iZ004li:D1 PM [lrmnl& NaltlM Sncutlty <.:hl4:\f OO\:r. Approved By Arllnl"l~tmtlve SQt\,llrAll1 ra<:lIItl.tI M"""Q"'tnnnt 11(11200410:11 AM Approved By ,1_mll'lI W. Del-ony Public Utllllif13 Public Utllltlll:'l. Adminilitrator Dille Public lltlUtllfs. Adnllnlllttlltlf,m 11i2(20~ t :10 PM OMS Coonlllultm Admlfllstrlltl\le A*"i;h.I.ltt O..le Appro'Ycd By County MtlOiIOl!'(to CH'flclt om(;~ 0' Mall,lQemont " 9IJdQtll 111312U0410;01 AM Sus,l.Itl Ulhet SenIor M..nagltlnunUBurJy<<t Al'lalYlit Oute Approved By GOlmt)/ M.l11ag~r'D Officii'; ON'ien of M.lnlloemt>nl .& B~tdget 11/3/100", 2:53 PM Mh:haltJ SnlyllaWSll.l Mm"lIllJrrm~nl A l\udgut Olrnclor Dildt: Appro,"ed By (;O\lnty Managf!'r's Officj" Off1Cl!l ot Mftn"'~oemt!l'It /I. Bl.ldgoet 11/.!if2tlO<1 ff.:51 AM Approved By Counl~r Man.IO'N ".'" JIU!'I(IS V. Mudd Bl)lUd (If Cuunty CommlulDt\lllrlJ ~~nt'V'lIa1Ug~~fr 11f61;t(llJ41Q:32 AM - ~ WORK ORDER # VC-02-15 Agreement for South County Water Reclamation Facility - Sludge Pump Room Security Upgrades & Painting Agenda Item No. 16C2 November 16, 2004 Page 4 of 10 Dated: October 21, 2004 (Contract 02-3349) This Work Order is for General Contractor services for work known as SCWRF Sludge Pump Room Security Upgrades & Painting Project No: 725081 (Painting) & 725052 (All other work) The work is specified in the proposal dated October 12, 2004 that is attached hereto and lllade a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # VC-02-15 is assigned to: Wm. J. Varian Construction Company Scooe of Work: As detailed in the attached proposal and Schenkel Shultz architectural construction documents dated July 16,2004. Schedule of Work: Complete construction work within 180 days from receipt of the Notice to Proceed. Comoensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with a Negotiated Lump Sum of $59,736.00 as provided in the attached proposal. Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. K~t~tVKA-' Ka"ren B. <3ul{ani, Senior Project Manager APPROVED BY )lrf~ 'i. C4f Stephen Y. camCJ::iJ:-'" APPROVED BY, ~ f., J eph B. Cheatham, Wastewater DIrector PREPARED BY: Ib-;).I-t;4 Date 10-2(.- CO Y Date 10 .J? Of Date APPROVED BY: RoyJt__Anaerson, Public U.1ilitie~Engineering Director As Approved and Authorized byBCC on' . Agenda Item Date ~ ---~-?- Approved as to Form and Legal SUf"denc~ V~~ Assistant County Attorney WET- ..&:c ACCEPTED BY: Date: Ll\\ \ ~l.\ By: LJ l;( ~ Wm. p ~~~struction Company 725052 Project No: 725081 (Painting), 725052 (All other work) J Fund: 414 CC: 263614 GIL: ""~;".!"".""","'_...IIiI<\>.>,"",",",,,,,,,,~,,,',,,j,,,,<I" ------ Oct 13 0.. 05: 34a 101m J Var-ian 239 35~ 6396 p.l Agenda Item No. 16C2 November 16, 2004 . Page 5 of 10 PROPOSAL WM. J. VARIAN CONSTRUCTION COMPANY 1400 BLUEPOINT AVENUE NAPLES, FL 34102 PHONE: 239-775-1178 FAX: 239-732-t)820 " " CGC 161412 CCC OS79SO DATE: October 12.2004 SUBMJtTED TO: Ms. Kareu CuJiani Collier Government Public Utilities Engineering Dept. 3301 Tamiami. Trail E. Naples; Fl 34112 WORK PERFORMED AT: Door Replacement South Wastewater Plant Wanell St. WE HEREBY PROPOSE TO FURNISH THE MATERIALS AND PERFORM THE LABOR NECESSARYTO COMPLETE TIlE BELOW USTED WORK BASED ON THE DRAWINGS BY SCHENKLESHULTZ ARCHITECTS DATED 7/16104: DemolitioD: . RemOVal of doors and frames as sbown Saw cut and removal of masonry wall for new door Remove electric as indicated .. ~ s I 1 General: Obtain Building permit (Fee paid by owner) :- Protect all areas not in contract .during progress of work- this will include paper on til..... r< Floors, ~t plastic, and other proper prot.ectio~"pJ!'d...P~ ... Supply dumpster ---- -- Supply proper supervision for all contractor trarles Cooerete: Install masonry header and poured down cells as shown ti CO ,... r"'- C; ~ "2 z ~ .f <( = I .. ~~8il , o V' Uct l;:j U"U:3:~'ta wm ..J varIan C.:Jo:.! .:J;'C D.:Jo:.!O I""~ Agenda Item No, 16C2 November 16, 2004 PagE! 6 of 10 Doors & Windows: Install laminated glass in doors and transoms as shown Supply and install hoUow metal frames and doors as specified on plans including all associated hardware Stuc:eo: 5/8" cementisuos finish on masonry walls, %" on wire lath over wood walls Patch as required around new frames, all fmisbes matching existing Paintiag: line iteni cost for this trade $17,450.00 As per specifications, a complete cleaning and painting of pump room # 106 Complete painting of new doors and frames Patchwork as required around all new doors Specialties: Move (1) pipe bracket and add (1) pipe bracket to support pipe All construction and materials to match existing Electric: Disconnect and remove wall heater Remove pipe and wiring for this unit OWNER RESPONSmLE FOR: SURVEY IF REQUIRED PERMIT FEES ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED AND THE ABOVE WORK TO BE PERFORMED IN ACCORDANCE WITH SPECMCAll0NS SUBMI'ITED FOR THE ABOVE WORK AND COMPLETED IN A SUBSTANTIAL WORKMANLIKE MANNER , FOR THE SUM OF: Fifty Niae TltollSaDd Seven Huudred Thirty Six DoHan and 001100--(5S9,736.00) PAYMENT SCHEDULE TO BE AGREED AT SIGNING. -~.. ~ - --- - --- RESPECfFULLY SVBMfITED:- '-ACCEPTED: ~J~7A:ucnONCO. William J. Varia., CGR, CAPS PRESIDENT NOTE: TillS PROPOSAL IS GOOD FOR THIRTY (30) DAYS. BY 04-117R2 Agenda Item No. 16C2 November 16, 2004 Page 7 of 10 GENERAL CONTRACTORS CONSTRUCTION MANAGERS 4395 Corporate Square. Naples. Fl 34104-4754 . Phone: 239/643-6527 · Fax: 239/643-2767 · PBScontractors.com 10/1/2004 Ms. Karen B. Guliani Sr. Project Manager Public Utilities Engineering Department 3301 East Tamiami Trail Building H Naples, FL 34112 RE: Sludge Pump Room Upgrades Ms. Guliani, Professional Building Systems is pleased to submit for your review this Construction Services Proposal. I ~ .,- Our Scope of Work covers: Furnish and install 5 hollow metal doors, frames and new hardware in accord with the plans and speci fications. Cut, patch, and stucco all affected areas. Relocate electrical and other miscellaneous brackets as needed. Remove and reinstall awnings as required. All related debris will be removed by PBS. Exclusions: Permit Fees Impact Fe~ - Engineering ....-r-.... - -..- PBS presents for your review this Construction Services Proposal in_ thttamount of 8h,l,y lUU'1 '0 de.... 'fhoulIllud On" Handred Five &ftttOO/l00 Dollars (561,605.00). ~~ OI'f'.2. ~~N ~ I y., VllV'l) U'fi[., ~ ,.. O~ ~~ Alternate #1: Paint all affected areas of construction. ~ 0 ~ We trust this proposal is useful to you, and will aid in the selection of PBS as your contractor. Please do not hesitate to can us with any questions or comments. SSIONAL BUILDING SYSTEMS ~ ( f.oCS 7-<UO . (Pi,' 0 C{' ~ &~ l - OCT-06-2004 WED 04:11 PM SURETV FAX NO. 9927917 P. 01 Agenda Item No. 16C2 November 16, 2004 Page 8 of 10 f . SURETY -ECCN8TAUCTIDN COMPANY ..-.., .-"-- October 6, 2004 t ~ ~ ; i Karen B. Guliani, P.E. Senior Project Manager Collier County Public Utilities Eogioccring Department 3301 Tarniami Trail East. BIdg H Naples. FL 341 J 2 I I Re: Soutb CowUy Water Reclamation Facility Dear Ms. GuJiani, Thank you for the opportunity 10 bid on the above referenced Project, but because of our cunent workload we will be unable to present a bid at this time. Thank you for calling us for a quote. Hopefully, the oext time you call we will be able to assist you. SincCRlly, -=-- GW/srm 1f4~ I 5o,,1n T.lal.....; Tr.lt. $_ lOll coe . 011170 n.,.,1la &or..,.",.. 301:14 ,~[,; f ~1578 T_l\III23lll_lIOJl> CtJC ~ 03'132 r.u 1~.1!ll m. 7~77 ~ SCHENKEL SHULTZ o :J 0 ARC HIT e C T U R e U 0_.. If ft r~ U. .... iii. ..I. ott 25 PM ~ 2S October 21,2004 Karen Guliani, P.E., Sr. Project Manager Collier County Government Public Utilities Engineering Department 3301 Tamiami Trail E. Bldg H. Naples, FL 34112 RE: Bids on SCWRF Sludge Pump Room Security Upgrades and Painting Comm. No.: 0420810 Dear Karen: Per your request, I have reviewed the proposals for pricing for the above referenced work. There were 3 proposals submitted, one from Wm. J. Varian Construction Co., Professional BIdg Systems. and a response from Surety Construction Co. Surety declined the opportunity to provide pricing. PBS provided a $64,1 OS proposal. Wm. Varian Construction provided a $59.736 proposal for the referenced work In my review of the apparent low bidder, Wm. J. Varian Construction, the detailed proposal appears to match with the scope of the work intended by the Construction Documents. It is our opinion that the pricing is fair and complete and is reasonable for the work environment in Southwest Florida. Sincerely, JWW lamb _-:,~---_.- cc: 0420810/0wnerOutgoing :(l:I,C (,:~'ldr~n G~~k pl!r"'.":l:' :--.~~;i'h:: J 1: f\:i\;')l<::\, ~--:;'lj"i~!:~ "";iP:, C:lOocuments and Setllngs__lLocel 5etllngl\TempoI1I1Y kUrntIt FIIeI\OlKl\L8ller 102104 Bid ReYlew jwW 0420810.doc: Pt;.~l"'.,~ :,~',~.4"t4 :.~"'Ol: , ::aJ :.:.i;~.L..L '},'1<~1.~.~ . ','.'"',Y'.. .:':'~:'i~:nkt: :"h'li' ~ ,;".".; N'<tO UO..- c,oO_ ..-NO o c,o" ~ Z"- ....Q) EQ)Ol Q).o ro .:=:ElJ.. roQ) "0> cO Q)z "'It OJ ~ <( ... - 'I:: N a (I):::lll) Q)uO ~r ~] u Il) '- Q) N N ....o2:cn,.... II) ~O~I(I) 0 ~r- "gl I::~""~o :::l - 0.- Q) II) I:: - :: '0' N II) 1l)8>.~"" ..- 1::u.Q.. 0 1_ m ..... >- "I"'" ~mc.ccn ..... ... ....Eo- ~ - c) Q) .- c a >cocoQ) Q)UEE or- ....C)c Q) Q)....om> co 'Eo:;::;uo 0 O-uQ).... - :::l c:::: C. II) t:~~....E N ....(1)(1)- 0_ c-~ ..... ~25O~= (1)UU :.c ... >-c~m CJ omm = .... :::l'- C Q) cu c.c(ij:::lC:::: a. 0 . ..... m~>u~ 0 .9 - -; ,s= := io- m . - u tl. c..q-Egm g~~cnu. m I 'U U) 'UN,s=(1)c CD en CO,~;:; moo CU - M M - 0 Q)=I:t:~o(l)o fI) <( c( ..... - II) ..... III Eo -- (1)1l) "C 0 - - ..... - z Z en (I) ~ Em~'U-gN CO (.) ~ II) CD tit ~ M- o ~ '2: 2 .... ,.... lo- U C m C)'U C) Q)oQ)"Q)c.c c::::Ucn....::::)m C. ::;) _",:;a. ____ .. >. ----- ,~" G.I ... " 10- e ::::J e G.I CJ I- 0 ..., E CU z ..., E E w e n:I 0 en > III ~ 0 ..., U .- eu c 0 G.I w ::I ..., LL c:r eu A. u 0 to- D:: a::: u III ...... ::I ..., .. e C ;:) c ~ u u 0 ~ C7l ..., eu eu .- 'tJ III .. 'tJ .- Q, .""" U 0 e c III C III 0 C n:I n:I eu 0 c ~ en ... ... Q U 1-4 A. Agenda Item No. 16C3 Novernber16,2004 Page 1 of 11 .- EXECUTIVE SUMMARY Recommendation to approve an Easement Agreement and accept a Utility Easement from David H. and Anna M.Farmer at a cost not to exceed $3,296, Project 710061. OBJECTIVE: Request approval and execution of the attached Easement Agreement (Agreement) 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 David H. and Anna M. Farmer (Property Owner) for the purchase of a Utility Easement. -- CONSIDERATIONS: Staff is moving forward expeditiously to ensure our customers have a reliable supply of potable water for the upcoming season. One strategy being implemented is the construction of a 20-inch raw water main along I th A venue NW to interconnect the Tamiami Wellfield and the NCRWTP RO (North County Regional Water Treatment Plant Reverse Osmosis) Wellfield. The raw water main will run within the 12th Avenue NW road right-of-way beginning at Wilson Boulevard and proceeding west to the end of Ith Avenue NW, then across a drainage canal and terminating on County-owned Parks and Recreation property (Park Property). Property Owner owns 5.89 acres of land on the north side of the west end of Ith Avenue NW. The west side of their property is encumbered by a 70 foot-wide drainage easement maintained and controlled by South Florida Water Management District, which easement contains the drainage canal. To maintain the reliability of the existing NCRWTP RO Wellfield, the Public Utilities Division seeks a 30 foot-wide easement across the 70 foot-wide drainage easement at the southwest comer of the lands of Property Owner in order to extend the raw water main from the west end of I ih A venue NW, crossing the drainage canal, to the east boundary of the Park Property, all as shown on the attached location maps. . The area proposed for the Utility Easement contains 2,100 square feet (30' x 70'). Real Estate Services' in-house appraiser initially valued the easement at $1,400 in September 2004. A re- valuation conducted on November 2, 2004 resulted in a revised easement value of $2,000. Due to the~higlu1.ctivity of comparable sales, within lbc....Goklen Gate Estates area, property vl!lues are rapidly increasing. The Property Owner is ~l aware of this market trend, and was firm that no less than $2,100 would be acceptable. Therefore Staff has reached an agreement with the Property Owner to purchase the Utility Easement for $2, I 00. While this price exceeds the in- house appraised value, Staff highly recommends approval since the easement is in precisely the right location to permit the raw water main to run in a straight line from Wilson Boulevard through the canal crossing, and is critical to meet the schedule for the completion of the raw water main in time for the upcoming season. There are no other properties that meet the time and location criteria, but even if there were, by the time Staff could find and come to terms on an alternative, values in the area for comparable property would in all probability have appreciated to a level exceeding the cost of this easement. The results of a Task 1 Environmental Assessment/Site Audit performed by the County's Pollution Control Department are favorable. ",.-... Agenda Item No. 16C3 November 16. 2004 Page 2 of 11 ,.- EXECUTIVESU~ARY Utility Easement from Farmer Page 2 The Agreement has been reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department. The intent of this action is consistent with the 2003 Update to the Water Master Plan, as adopted by the Board on May 25, 2004, as Agenda Item 10D, because approving this action will further the process to enhance water supply reliability given the continuing trend of declining quality and quantity from the existing NCRWTP RO wells. FISCAL IMPACT: The total cost will not exceed $3,296 ($2,100 for the Easement and approximately $1,196 for environmental site audit, title commitment, title policy, and recording of related documents). Funds in the amount of$3,296 are available for this project. The intent of the proposed work is consistent with the Water Capital Budget funds budgeted for FY 05 for Project 710061, NCRWTP RO Wellfield Reliability, as approved by the Board on September 23, 2004. Source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: Projects funded with User Fees (412) have no impact on the Growth Management Plan. .-- RECOMME~1)A TION: 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 and accept the Utility Easement once it has been received and approved by the County Attorney's Office and Public Utilities Engineering Department; and - 2. Authorire the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents ~!lt~J.9 this acquisition; and 3. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and 4. Authorize staffto prepare related vouchers and Warrants for payment; and 5. Direct staff to proceed to acquire the Utility Easement, to follow all appropriate closing procedures, and to record the Utility Easement and any and all necessary documents to obtain clear title to the easement. PREPARED BY: Hans Russell, Senior Property Acquisition Specialist Real Estate ServicesIFacilities Management Department .-- Agenda Item No. 16C3 . Novembef 16, 2004 Page 3 of 11 ~.-.---- ~_._~- -Item "Number Item Summary MHtlng Date AgemJallam No, 16C3 November 16. 2{)04 Page 4 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONER~ 15C3 Rflcommll!l",dation t~ approv'! an E.~~mel1t Agreement and accept a Utility Eenment from David H, and Anna M Farm'!r al ;l cosl not tlJ e'l(ceed $3.2l:l6, Prolect 710061 11/161200.4 g"O(j:OO AM Prep.red By 10/26/200.4 3:44:52 FroM H.n, Russoll Admlnl"ttatlye a.NIt'''''' ORIn Senior Property Ac:.qulliltlon S~lllli~C FlilIclltthu. Man.gelma"l D... Approved By Roy e, AndtHsen. P.E. Public: UUlltletI Public Utllllieli Envlnet"rlnV Olrttctor Public UtlntM.s Et1glfleeflng 10127/20047:10 AM Oate Approved By Ch~tles E. C~rrtngtol'\, Jr., SRlWA Admlnl.t,..uve Services Rut ESlAkl Servlce5 ManDger F-'a<:llltle' Menag.ment 10/2712D047:-41 AM D... Apprond B)' Kllrl W, Boyer, P,f P~lbllc UUHtl,s Principal Project Managar PUblic Utilltlltllll Englnel!'ring HIf:i'112U04 5::i6 AM 0... Approved By Toni A. Mott Admlni'StraUY~ Service.. Real Property Supervlaor Facilities Management 10f17J2t,lG<112:26 PM D02I~ Apprond By P.:1ul Mnhaullclt PubllcUtlllUcl'l WlIotftr Dlrflclor W~tl!'r f0f27r200-4 12:29 PM Oi1tr! Approved By fU(/p Camp, C.f".M Administrative S"'"lea.. r~Jlltle8 M.'1iltliemrrnt I:'Ij'41clor facilities Management 10125/200.4 8:25 AM Dale Approved B.v Thnmu Wldel; +~ubllc Utflltles Operatlol'Ul OIrector Public Ufflltie'S Ope-rations f!)(28IZ004 4:07 PM 00" Apprond By Jam(!,:J W, D~Lony rlUbllc Utllltles PubliC Utllltieli Adminhtrilltor PubtJc Utilltlu i\dmi"l~t'ellon 11/212004 1 :12 PM Dale Approved By P.:JrMla Libby PubUe Utlllllfls Wate, Operations Ml!in~~ Waltlr 11/2/2004 US PM Date Approved By OMS Coordhl.tol County Man.aO/l'fll Office Adrr'ln.llotr.tI....e Aul$t*"l Otrl~ 01 M.nQge~nt " BUd;'llt:t 11/3J200410:{Jfj AM Date Apprond By SU$an Uaher COUnt,' rlanillger'u Office Sunlor Mall"gem~,.,t'eudgel Arully"t OMen of Man.oem.", & Budgl!l"t 11/312004.1:15 PM Oale Approved By Mielle!!1 SmykoWtlkl County Man_get'5 Of1'lc~ Approved By Jllmfts'lJ, MUdd Boald of Counl'; Commlulonorl> Manllonmefll & Rudgn1 Oirnl;lor Dfftce- of Manj'Jgement & R~get ~ __ 11/5120001 N:.6.4 AM County Managlt!r 0... County Managt'r'"" 011lcII t11612004 8:18 PM Agenda Item No. 16C3 November 16, 2004 Page 5 of 11 PROJECT: 121/1 Avenue NW Interoonnect FOLIO NO.: 37540160004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this __. day 01..,......_.......... . 2004, by and between DAVID H. FARMER and ANNA M. FARMER, husband and wife (hereinafter referred to as "Owner") , whose mailing address is 5011 14lh Avenue SW, Naples. Rorida, 34116, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLUER COUNTY AND AS EX-oFFlCIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, (hereinafter referred to as .Purchaser"), whose mailing address is 3301 Tamlami Trail East, Naples, Florida 34112: WHEREAS. Purchaser requires a perpetual, non-exclusive Utility Easement for the purpose of utility facilities. and access to, over, under, upon and across the lands described as follows: . The South 30 feet of the West 70 feet of Tract 4, Golden Gate Estates, Unit 19, according to the plat thereof recorded in Plat Book 7, Pages 77 and 78 of the Public Records of Collier County, Florida. ~- (hereinafter referred 10 as the .Property"); and WHEREAS. Owner deeires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS. Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE. In consideration of these premises. the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between tha pan/as as follows: 1. Owne!.J!lhall convey the Property via ~e U~i~~Ql!1ent,. in the form attaChed herete as Exhibit A, to Purchaser for .' . wo T~sand.~OnetllJndred and no/1oo Dollars ($2,100.00), payable by COunty Warra'nt (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for lhe Property conveyed, including all landscaping, trees. shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, lhe execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in Ihe public records of Collier County, Florida. Owner shall provide such instruments, properly executed, 10 Purchaser on or before the date of Closing. Provided, however. that Owner shall not be required to expend more than Five Hundred and 00/100 Dollars ($500.00) to clear title to the Property. Closing shall Occur within fifteen (15) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement for an additional sixty (60) days pending receipt of such instruments, properly executed, which either remove, release or 2. 3. EA.UElTCE Easement Agreement Agenda Item No. 16C3 Novernber16,2004 Page 6 of 11 Page 2 subordinate 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 instruments to Purchaser in a form acceptable to Purchaser. 4. Owner is aware and understands that the "offer. to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. The Purchaser shall pay for ali costs of recording the conveyance Jnstrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transter, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid bV Owner. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of any mortgage(s) recorded against the land underlying the Property from the mortgagee(s). The cost of a \ille commitment shall be paid by Purchaser. 6. This Agreement and the terms and provisions hereof shall be effective as of the dale 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. 7. This written Agreement, Including at! exhibits attached hereto. shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. The pipeline to be constructed will have as its centerline the existing northerly road edge of pavement, and thus will not intertere with Owner's future driveway and driveway culvert. After completion of construction, Purchaser agrees to remove any and all drilling mud and other construction debris from Owner's property and to restore the surface of Owner's property to Its condition prior to the commencement of construction, to the extent reasonably practicable consistent with Purchaser's requirements to operate and maintain its Infrastructure. Further, Purchaser agrees to provide and install a permanent, certified vertical control benchmark 00 the Property. 9. Purchaser shall not have the right to assign or convey its Utility Easement, excepting to a bona fide, duly constituted successor in Interest to Purchaser's Public Utilities functions anC!'resp~"';:- __ 10. In the event Owner is in default under this Agreement, Purchaser's remedy shall be limited to specific pet1ormance. in the event Purchaser is In default under this Agreement, Owner's remedy shall be limited to liquidated damages in the amount of Two Thousand. Five Hundred and no/lOO Dollars ($2,500.00). 11, Time is of the essence lor all time periods set forth In this Agreement. 12. Terms of this Agreement shall survive Closing. 13. This Agreement is govemed and construed in accordance wIth the laws of the State of Florida. EA:UEfTCE Easement Agreement Agenda Item No. 16C3 Novernber16,2004 ~age 7 of 11 Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this.m__ day of ._...._.._, 2004. Dale Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, 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 COLUER COUNTY WA TER.SEWER DISTRICT Deputy Clerk BY:..._.__. Donna Fiala, Chairman AS TO OWNER: DA TED:_...Jtl.t;?jf?_':f.__ "'- --~~~~e) ~~.m Name: t:r~A,< ~ /.I<;~~ L(. . (rint or Type) Ii I / /":6. "",If 1'/"',t'fJ // ,./ {' ,.(-(.~ ;t.~. .-.. . 10... . " ... ,- ." (... .-' ~::~~~~.~~~~~j,._.~@...~:. (Print or Type) ..Q1'1(/./~. {:~.-.,. David H. Farmer ~t.;:;;;;j- ~ Name:..t~Lf_,L.z /JS>.~'.f~.~ (Print or Type) . //.1; '.~ '" 1 ".J'" ~)..,.' . ;;{:', '1;>:'4'/' , (. (. /( l~ Y r,. Witness (Signature) Name:R",f).<!.~~...:i..dIfi~' (Print or Type) A.'frd~--- Ann . Farmer_ - . ~~- - ~- Approved as to form and legal sufficiency: .ILI-..~.~ Ellen T. Chadwell Assistant County Allorney EA:UE/TCE PROJECT: 121t1 Avenue NW Interconnect FOLlO: 37540160004 Agenda Item No. 16C3 Novernber16,2004 EXHIB&g~8 of 11 Page --L..ot ;;Z UTILITY EASEMENT THIS EASEMENT, made and entered into this _ day of ---.,.-- . 2004, by DAVID H. FARMER and ANNA M. FARMER, husband and wile, whose mailing address is 5011 141h Avenue SW, Naples, Florida, 34116, (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLUER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3301 East Tamiami Trail, Naples. Florida, 34112. (hereinafter relerred to as "Grantee"). (Wherever lJ6ed herein the lerms "Grantor" and "Grantee" include a111he parties to this instrument and their respective heirs, legal r8pi8sentaliv8S. successors or assigns.) WIT N E SSE T H: Grantor, lor and ill consideration 01 TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and suffici&ncy of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee. Its successors and assigns, a perpetua~, non..exclusive easement for utility and access purposes. on the following described .Iands located in Collier County, Florida, to wit The South 30 leet of the West 70 feet of Tract 4. Golden Gate Estates. Unit 19, according to the plat thereof recorded in Plat Book 7, pagas 77 and 78 01 the Public Records of Collier County, FlorJda. Subiect to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate. and place or remove materials, Including, but not limited to, water lines and pipes, and other equipment or improvements appurtenant thereto or thereunder lor the purpose of constructing, operating, and maintaining utility lacllilies thereon. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the dale and year first above wri!len. ~~- Witness (Signature) Name: (Print or Type) David H. Farmer Address: 5011 14lh Avenue SW Naples, Florida, 341 16 Witness (Signature) Name: (Print or Type) Witness (Signature) Name'. (Print or Type) Anna M. Farmer Address: 5011 1 41h Avenue SW Naples, Florida, 34116 Witness (Signature) Name: ..._...._ (Print or Type) UI:: ~-I PJE-'F. STATE OF FLORIDA COUNTY OF COLLIER Agenda Item No. 16C3 November 16, 2004 Page 9 of 11 e,_T L ,..;z::.,ot ~ The foregoing Utility Easement was acknowledged before me this _ day of ., 2004 by DAVID H. FARMER, who is personally known to me or who has produced as identlficatioll. WITNESS my hand and official seal this "'_'_", day of ___.._._........2004. (affix notarial seal) (Signature of Notary Pu~ic) (Print Name of Notary Public) NOTARY PUBLIC SeriaVCommission #:(if any) My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me this_.._.._ day of , 2004 by ANNA M. FARMER, who is personally known to me or who has produced ___.__.. as identification. WITNESS my hand and official seallhis....__ day ot .2004. (affix notarial seaf) (Signature of Notary Public) (Print Name of Notary Pl!blic) NOTARY PUBLIC Serial/Commission #:(if any) ...._. My Commissfon Expires: _.__....._....... ~~-- - ',"\. [JJi;..w r~'l'M: Location Map 1 Farmer Property Proposed Easement Area " ~:;,/;: 12TM AVE NW tJ"", :.,;A.' x .... ~~-T .f:~ ~ ...... ~..:;,.., ~~ ~ # ..'l> "f--T .f:~ # ..~ .1'0- .(:-"t- ~ 10Ttl AVE NW Agenda Item No. 16C3 Novernber16,2004 Page 10 of 11 NE 11TH AVE HE JUNO IiLV!) E 18TH AVE HE ) Proposed 20" InterCOnnect l HE 1nH AVE HE ~ 21 11)TtI AVE HE '" 1~ AVE NE '" CANAL ... !S; .. , i .. ; ~ ; ~ ; ~ .. ~ .. 21 ~ ~ Q Q ~ 21 21 21 21 21 lit lit 21 ~ ~ 01 " 21 -4 -4 I -4 Z z i I z i z z z I -I I =e ::E ::E '" '" '" ~~ - o BLVD W - - 2,600 3,900 o 6501,3)3 Feet 5,200 Location Map 2 Agenda Item No. 16C3 November 16,2004 . Page 11 of 11 (Detail) I Agenda Item No. 16C4 Novernber16,2004 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to adopt a Resolution and approve a Declaration of Easement for a Utility and Access Easement within property acquired for a future park at an estimated cost not to exceed $13,531, Project 710061. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board), adopt, approve, and authorize its Chairman to sign the attached Resolution and Declaration of Easement. CONSIDERATIONS: Staff is moving forward expeditiously to ensure our customers have a reliable supply of potable water for the upcoming season. One strategy being implemented is the construction of a raw water main along lih Avenue NW to interconnect the Tamiami Wellfield and the NCRWTP RO (North County Regional Water Treatment Plant Reverse Osmosis) Wellfield. Collier County owns 128.9 acres of land located on the north side of the future extension of Vanderbilt Beach Road and at the west terminus of 10th and 12th Avenues NW. This property was acquired in 200 I for a park and recreational facility (Park Property). The Park Property is the site of five (5) existing wells in the NCR WTP RO Wellfield (Wells RO 13N through RO 17N) together with a 25 foot-wide easement along the south and east boundaries for the existing pipelines and access way connecting these wells, and others, to the NCRWTP. The present terminus of the existing Utility and Access Easement for the pipelines is located at Well RO 17N, as shown on the attached Location Map. To maintain the reliability of the existing NCR WTP RO Wellfield, the Public Utilities Division seeks an easement to extend the existing 25 foot-wide Utility and Access Easement northerly from its existing terminus to the north property boundary of the Park Property. This will provide the easement area necessary for the I ih A venue NW raw water main interconnect. In addition, the extension of the easement to the north property line will facilitate a possible future northerly extension ofthe NCRWTP RO Wellfield. -"= ---==-~~.;=-~.. ----~ The additional easement area proposed contains 16,667 square feet. Real Estate Services' staff-- Real Estate Appraiser valued the easement area at $0.81 per square foot. The Parks & Recreation Department purchased the Park Property with Impact Fee monies and will be reimbursed for the square footage contained within the additional easement area, at the $0.81 per square foot rate, for a total sum in the amount of $13,50 1. The intent of this action is consistent with the 2003 Update to the Water Master Plan, as adopted by the Board on May 25, 2004, as Agenda Item 100, because approving this action will further the process to enhance water supply reliability given the continuing trend of declining quality and quantity from the existing NCR WTP RO wells. Agenda Item No. 16C4 Novernber16,2004 Page 2 of 11 EXECUTIVE SUMMARY Resolution and Declaration of Easement Page 2 FISCAL IMPACT: The total cost will not exceed $13,531 ($30 to record the Declaration of Easement, and $13,501 to be reimbursed to Parks & Recreation). Funds in the amount of $13,531 are available for this project. The intent of the proposed work is consistent with the Water Capital Budget funds budgeted for FY 05 for Project 710061, NCRWTP RO Wellfield Reliability, as approved by the Board on September 23, 2004. Source of funds is Water User Fees (412). Funds in the amount of$13,501 shall be deposited into the Regional & Community Parks Impact Fee Fund (346). GROWTH MANAGEMENT IMPACT: Projects funded with User Fees (412) have no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: I. Adopt the Resolution, approve the Declaration of Easement, and authorize the Chairman to execute both on behalf of the Board; and 2. Authorize staff to record the Declaration of Easement in the Public Records of Collier County, Florida; and 3. Authorize the reimbursement and necessary budget amendments from the Public Utilities Division to the Parks & Recreation Department in the amount of $13,501. PREPARED BY: Hans Russell, Senior Property Acquisition Specialist Real Estate ServiceslFacilities Management Department --':::":'~",'--.~...,--=...;~ ~--..=~~--~ Item Numbe, Item Bumm.ry Meeting Date AgF.!nrki Hf:!m No, 10Cil NovE'::mber i 6. 2004 Page 3 ot 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 113'.:.4 1';:l!!l:CIf'T1f'T1r.:l'llllllitlrl 10 ~Ir:lol't ~ r~'l!fi(llul,tln une approl.'t. H Def;lillahlln c:f Eft$I\ITI(lnl 1(11 -is Uli'lll)' and Accen Eaumenl wi1hin property .it;quired IOf l:I future park 81 iTI uUmated cOif nol to liIyceed $13.5,)1, Projllc.! 7~Ot)o 1 11116tlOO"," ":00:00 AM Prepared 8~' H,f28-/Z004.4:DO:IHIPM Huns Flu:J101l'1I Atlmlnl~tr<ltiY(! Snrltlr.M Dale Sl'I"lor Propnrty Acqui,sltlon 8pGt.lall~t racllltlfr.'S MllnltQelnant D... Approved By Roy a. Ander!;!)fl, P,E. Public UtUIUlflll PublIc Utfhtlello ElIgllllllutng Olrectcr Public l!W!tiR$ f.nOIMf.ring 1D/2712004 7:12 AM DlIt. Appro\'ed B)' Ch..r1e$ 1::. C.ln-ingtol\, Jr.. SflM'A AdmlnlJ,tratlvC! Servtct!s Real E."t4te Servh:e.l:l Manage! F.uclllllu Management 10/2712-GO.. 7;..... AM OM' Approved By KMrl W. Boyer, P.C. PlJbllcltUJlrlU ~'''nclpal Project MllIn.lc;ler PubUc: UtlIltirt$ Engi",.nring 10127'20048:2& AM Dalll' Approved By 'hmIA. Mutt Adl"lnl."triltlv", SfHlIlcns R~ai Prl)pl!!~ty Sup~I...I"Ot r.cllltlf!fl M.nllge.l"ttnt HJ/27r2Q0-4 12:26 PM Dot. Appro\'ed By Paul Maltltu$ch PlJhlh: Utlllllfla WalerOlrec.1uf W.;rfflr In/27120n~ 12:~O PM O;(lle Approved By SkIp C;/Imp, C,f.M. AdmlrlllitlatlYt! Selvl(.'efl r.ltdIWI~$. Mltfl;(l(JfHllenl Ojrector f'lu;lIIth~. Management 10/28120046:26 AM Dat!; Approved 83"' Thoma$. Wldf!$ Public: UPlWtUi O~elatloll' OlInde" Publfc Utllltle!l Opli!llalIOIl~ 1 O/28i2004 -4:19 PM Ua", Appro\'td By Milrlll R/!fnsey Public Sl!'lvlcf!$ P.rks &. r~ecr~fttjol'\ Director Park, and Rf!trelttlot! 1()121j12()04 2:50 PM Oate Approved By J..mes W. Oelony PUblIC Utllltlelo' Pubfl<; UUlltle. AdnllnUltr.lltor PulJlh: UtlHtles Alirnlnlll-tr;(lth.lM 11J2I2004 1:13 PM Ua.. ApfJrond By P.!Imnla LIbby PUhllcUtillllu Willer Oper.JIlons. Man.agel 'Nlll~r 1112121l0.4 1 :11:1 PM Dill~ Appro\'ed 8)' OMS CC,lQrulnatol Cc)ynty Man..g~t'$ Otf1c~ Adrnllll~trutlvu ^~a'arAIH ()rfil:f' Dr MoIll'lilgflfTIltl'\t" fll.lll;nl 1'1/3.'200410:011 AM 0... Approved By SUlo-url UlIher County M.mager'li Offlce Serdar MIUllli/lUtll:ntl13ul.lLliltt Alllllyiit Ol'l'lce or M.lnagelnel'lt & l::ludLlet 111312D0.4 3:29 ~~M D4Ite Appro,'ed By Mlch;l;tl &myk(lwllkl C(Junty MarJi$l.ll!r'l Of'/h.:e Man.gul'tlellt & BUdget rJlrecror Orne!!' of MlUll/U,1erne"t & Bll(hillrt 111&/200-49:50 AM Date Apprm'ed By Jalnll5 V. Mudd BOiltd or Cal,llll)' Cornmiloslonerii COUl1tll Mnn09tf COUNty M..na"d"'. Office 1115'20043:211 PM Agenda Item No, 16C4 Novernber16,2004 Page 4- of 11 UESOLUTION NO. 2004- Rj';SOUJTlON OF nm BOARJ> ()Ii' COUNTY COMMISSIONERS OF' COLLIER COUNTY, n,ORmA, Aln"JlORIZING nm m:CLARA'fION 0(1' A lJ'flUTY ANIJ ACCESS l':ASEMEN'I'. WHEREAS, C(ll1ier County i~ desirous of encumbering prupel1y currently owned by the COllnlY with the utility and "cces~ casement descl;bed in ElI.hibit uA", 1I1lached hereto and made a part hereof; and WHERE:AS, the described easement is a necessary element required for installation and mllinlel1unce of. and acce~s to, utility infrllstrwlure ror pipelines and I'clllled utilities infrastructure lellding to and interconnecting with the North County Regional WaterTreatment PIlInt (NCRWTP); llnd WHEREAS, (he ellsement willllllow Collier County to increase the reliabilily of the public waleI' slIpply by providing" necessllry route for II p\'o!)(.)scd n1W water mnin intercunnect between the Tamiami WclJfieJd and the NCRWTP RO Well field, and will in addition pCl1l1it northerly expansion of the NCRWTP RO Wellfield, NOW, THEREFORE, Bl~ IT RESO{.VEI> UY 'fHE BOARD OF' COUNTY COMMISSIONERC;; ell' COLLIER COUNTY, FLORmA, thaI: I. The Board of County Commissioners of Collier CClUnty, florida, hereby lIpproves the Declamtion of Easement described in Exhibit "An and l1ulhorizes its ell.c{;lllion l\Ild recording in the Public Rccord~ or Coltier County. Florida, 2, This Resolution shall luke effect immcdial~ly upon adoption, _ADOPTED thi.~ __ dll)' of _....._..__.~,. 2004 after motion, second lln~ - - ---= --=--=~~ --~ majority \'tIle favelling adoplion. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COU NTY, FLORIDA By:__, Depul y Clerk DONNA FiALA, CHAIRMAN Appl'Oveu as to form and legal sufridency: ~V~~ Ellen '1', Chlldwell As~istant County Anomey PROJECT: NCRWTP RO WELlFIElD RELlABll/TY FOLIO: 00219440008 EXHIBIT A P80t --L.tJt-:r- - Agenda Item No. 16C4 November 16, 2004 . Page 5 of 11 DECLARA TfON OF EASEMENT THIS DECLARATION is made this _____... day of _...____.., 2004. by COLLIER COUNTY, a polilical subdivision of the State of Florida. having a mailing address of 3301 East Tamiami Trail. Naples. Florida 34112, herelnaller referred to as "Declarant. " Declarant is the owner of certain real property situated In Collier County, Florida, more lully described below, hereinafter referred to as the "Property.. See attached Exhibit . A. which is incorporated herein by reference. Declarant hereby declares that the Properly is an(j shall be held. transferred, sold, conveyed. used and occupied in accordance with and subject to a non-exclusive easement and privilege to anter upon, construct and maintain utility facUlties on the Property as contained In this Declaration, hereinafter referred to a8 the "Easement.. The Easement, as sel forth in this Declaration. shall bind, and Ihe benefits thereof shall inure 10 Declarant and its representatives, agents. successors and assigns. IN WITNESS WHEREOF, Declarant has caused lhese presents to be executed the date and year first above writien, ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA BY; DONNA FIALA, Chairman . Deputy Clerk - -- - - ~--=-~ -~ Approved as to form and legal sutrldency: .-& V~. Enen T. Chadwell Assistant County Attorney Agenda Item No. 16C4 November 16,2004 ex~EJfof11 PIIU-~oI-r- - SI<ETCII AND DESCHlP'T'ION OF A 25' UTILITY & ACCE:SS Ii~AS.E;MENT PART Of' SECTION :1<'. TOll NSIIll' 46 SOIJ1'II. R^NC;r. 27 f:Mi'T. COLLIER CCltJIHY. }o'WRWA ? "} u' M "J Q Z I I I I \ \ I I I I 70' DRAINAGE 1-'''EAsn,IENr-l ~ N [\ __ EAsr 1/4 CORNE.R Of .....---- Sf.C"fIO/'l 32 .......--...-....... T / I S87'4l)'OJ"W 25.00 ... z ~, ~ ,. Vl '" -< .n w ,0 '" -0 .( 7:-3< > tJ <> L.J .. M oll ~l t: (.: N 2 . ~ '::l '" o,!} .0 -II ," COLLIER COlJN lY f OlJO ,f(10219410008 (O.R 28G8, f'G.3382) SCALe,. l' =:: 60' .., .. r~8 7'4 (; 'orE 1.5 00 " "" ~ __...F' OD - - ...,;.. --"?-. ;n I' I ~ I ~ I~ I~ u \~ " I ~ x J (~ "'-.. <:> PC" r StiJthtA,;rt(lll;lf."Ff"{'jf'" S( c TtOt~ .~ 2 1',- ..l. :~..::-=-......_.._..._- --............-..... ~~... '" Itl t... .. 0. (\/ ~ ;., If) ... '" n Z I I I I T(JWNS,IIP 48 SOlJ fH 5 4 TOWNSlilP 49 sou TH tiE.NERAI.j1..QIf.S.;. 1) DIl.l(I'lSIONS ARE IN FEEi ANn [)(CllAALS TI1EREOr. NOTE, SET SHEET 2 fOR DESCRIPTION 2) P,OC. ~ POINT OF COMMEHCE:MENT 3) P.O.B." P()jI'lT OF BWlNNING 4) CU,f.. = "OONry UTILITY [ASEM(1'l1 NOT A :;;l.mV['( f~..__..~~~~3~~iU~~~1~~fir~~;:.-.---.1 pr'~ je~i~._-_.'.._.~CRWI;..--.---_.._--_... title: SI<ETCH AND DESCRIPTION OF PAR r OF SECliON 32. Idote: TOWNSHIP 48 SOUTH, RANGE 27 EAST. COLLIER COUNTY, FLORIDA SEPT. 21. 2004 ::::~ scale: book: ::::.' GNOU l:erUfln.t. ", "..tborlnUon No.. L8 SlIU ond tII Met 1"=60' p0ge: .. .. ,....: {~)lIee-2203 :1:::. ~RBER Be pmject view: I::::: 'JRUNI>AGE. INC nO':04._0085 Professional engineers, plannerlS. Be Illnd surveyors acod: file no: Com.r COllnty: Sull.e 200, 7400 Tamiaml 'I'.all. Nortb: Naplel. FL 34101 (2311)5V7-3111 8866.n SD17 8866 I.ee CUII"t'l 119110 r:OCollllt Road. Suite 103. Bonita Sp.Jll'.. FL 34135 (23Il)1Ue-llll11a Agenda Item No. 16C4 ~ye,rnber16.2004 'I:XH,fW! 7kf11 P~~ot~.= SKETCH AND DESCHIPTION OF' ^ ~~f)' UTI L1TY & ACCESS E:ASEMf';N'r PART OF SfX,;TIC)N ~l?. TO\llN'SIlIP .HI So 11TH, IlANC"', 27 f:AST. COI.uf;R COUNTY. F'LOllmA onCRIPTION Of A UlJl.lTY , ACCESS EASfMENT PARr OF SECTlO~ 32, rololNSHLP ~8 SOUTII. RANGE 27 EAST. COtLIER COUNTy, FUlRlOA BE[Ne; MORE PARTICULARLY DESCRTBED AS f"DLUJIoIS, COMMENCING AT lHE SOUTl-IEASI CORNER Of" SAID SECTlUN 32. TtIOICE ALONG THE EAST UNE Of' SAID SEClH!N 32 NORTH (12'13'53' VEST 2,on.50 n:n HI HiE: peruoil' lJf'" BE<.iINNING DF" THE EASEMENT '-{EREIN BF.:ING DESCRIBEO, THENCE CONlINUE NORTH 02'13'5]' VEST 666,67 n:n TO THE EAST ]/4 CORNER C1f SAW SEe nON 32i lHENCE snUffi 9"46'07' V($T 25.00 FHT, HOles snUTH 02'13'S3' EAs1' 666.67 FEETJ HIOICE NORTJ.l87'46'07' EAST <1500 n:n HJ 1l1('P(JJNT OF BEGlNNINC; Of' HiC EASI..MENT fte::REIN DESCRIBCD, THE EASEMENT CONI ATNS 16,61>7 SaUAR[ FEET (Jf" LAND HORf. OR LESSI SUBJECT TO [AS[M(NT~, RESERVATIONS AND R(Slf.l\CTlONS or RECORD, ;/ I r I BY _'.'''''_...___ GUY P. AD".MS. . r,~\_..._...._..._,_........_ .. ~..' ~~o 4390 ~~-,~-- -?-- ........'...--..............----................-.............-........................--.--1'. .........--........... Jor: COl..UFH COUNTY project: PUBI.IC LJ TlurlES DIVISION tille: SKETCH AND DESCRIPTION OF PART or SECTION .32, TOWNSHIP 48 SOUTH, RANGE 27 EAST. COLUm COUNTY, ....ft3 .... .... .. GNOL! ..... ..... ... · [tBER &: ...... .... . -. ....1. . RUNIlAGE. tNC. Professional engineers, plann6rll. &: land surveyors Colll.r Coualy: Suite 20ll, NOO T....I....I Tr.lI. ,,"orlb; N.pl.., FL 1141118 (2a21~1l7-3111 I... C.unly: 2tI1lO Coe...ut ReI.d, Suit" lOS, a.nU... Bpr'a.., 'L a'la~ (2321248..848:1 Nor A SUr\'VEY NCRWTP Cnunc.t. of ...U.lorl..UolI No.. LB aOh ....d IlB 3844 hI: (232)~1I11-2203 1date: FLORIDA I SEPT, 21, 20tH scale: book: I "=60' page: pro ject view: no.: 04,.0085 acad: file 110; 8866-5017 8866 PROJECT: NCRWTP RO WELLFIELD RELIABILITY FOLIO: 00219440008 Agenda Item No. 16C4 Novernber16,2004 Page 8 of 11 DECLARATION OF EASEMENT THIS DECLARATION is made this ____' day 01 ___' 2004, by COLLIER COUNTY, a polilfcal subdivision of the State 01 Florida. having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112. hereinafter relerred to as "Declarant. . Declarant is the owner of certain real property situated in Collier County. Florida, more fully described below, hereinafter referred 10 as Ihe 'Property." See attached Exhibit "A' which is incorporated herein by reference. Declarant hereby declares that the Property is and shan be held, transferred, sold, conveyed, used and occupied in accordance with and subject to a non-exclusive easement and privilege to enler upoo. construcl and maintain utility facilities on the Properly as contained in this Declaration. hereinafter relerred to as the "Easement.' The Easement, as sel forth in this Declaration, shall bind, and the benefits thereof shalllnurs to Declarant and its representatives, agents. successors and assigns. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chairman , Depuly Clerk ~~-~-....--?- Approved as 10 form and legal sufficiency: ~ ~ ULw-v1--' Ellen T. Chadwell Assislanl County Attorney EXHIBIT ..iL Pa~--L-of~ SKETC!--:l AND DESCRfPTION OF 1\ 25' UTfLIT'{ & ACCESS F:ASJ~;MENT PARI' Of ~mc'r[ON :12. 'l'QWNSfIIP 4H SOll'l'H. !lANG!: '.27 f:AS1', COI.I.WR COIJN'rY, n.l)flll}A tz) "- I ~ I g ..., I 0:: .~ I uj :;, d liG t:l I 7.: F \!:! r ~Sthtii'~T"C01~~jr~'N"" '" _ ~,E_CnDN\2 _ ~ L~' " o~'-~Wiif:'SIiIP ~ B SOlml ".__,.__,_.J'm~" ,...:~:'_..._.___ SI.l7'4Ii'()7"w 25.00 COLUER COlJNTY FOLIO JV{1021944000B ((loR, 21;68. PG,3J!l2) 1.0-' ,'.., ," b Iu 1:> '" N87'41\'orr: :?5,OO "- '. ;;un;R&.tiQ1~S;, 1) ()IMEN$IONS ARE IN FEEl ANt) DECIMALS THEREOf', 2) POC.w POINT Of' COMIAf:NCE'MENT :I) po,e. c POINI Of' BEGINNING 4) C.U,f:, - COUNTY UTiliTY EASEMENT for: ,_ CAST '/4 CORNER Of ____-- SEC'IION 32 ~ >- ,- :J ;::; ;:) .., N I I I , I I I I I I . I lO' [)RAINAGE -:-r.:ASEIAf:Ni-'l ~ ~ SCACE:' l' 60' r-- ..., ..0 j ;, ;., In ~ "j ,~ % _(.:>.0,0 -- ',~ 1.f)" .- .. 0. N :- (~ V1 t:! t\J c Z 5 "TOWNSftIP 49 SCUrfl r,JOf[: $[1'. SHEET 2 Fem DESUIIP nON project: NOT I~ SlH\VLY .~_...--........_-...~_...... .__.,..,......-.._,-,_.~_....__.._..~_.._. COLUER COUNTY PU81.1C UTflH1ES DIVtSION title: SKErCH AND DESCRIPTION or PART OF SECTION J2, TOWNSHIP 48 SOUTH, RANGE: 27 EAST, COLLIER COUNTY, FLORIDA .....~ scale: ........,. GNOl,1 WI Certlrl"ate or Aulbo,l,.atloD No.. LIt :ill&4 and tD 30S. iii!: ARBER & I'u: (2311)5&S-~~03 ..... ) II:::: )RVNOAGE. INC. Professional engineers. planners, & land surveyors Collier (.'ou..,-" Sulte 200. 7400 T.ml.ml Tr.ll. Hortb; N.pl... n. 3'J()8 (23t)&t1-3111 8866.. SDl 7 I... COUlIt" t91lO Coconut RD.". Bulte 103. DODlto SprIDI" I'L 3.135 (230)'48-"113 NCRWTP dote: SEPT. 21, 2004 '''=60' pro jec t nO':04-0085 acod: book: poge: view: file no: 8866 Agenda Item No. 16C4 November 16, 2004 Page 9 of 11 EXHBIT -L- Page....L-oA 2- SJ<E:TCIJ AND D1:'::SCH!PTION OF' A :;~5' UTIL,lTY & ACCESS F:AS1~MENT f'Af~T OF' SECTION :12. TOWNSHIP 41.1 :,Ol!Tll RANGE 27 fI;ST. (;OI.W:R COliN"Y. l"WRIllA DESCRIPnON OF A UTILITY .. ACCESS EASEMENT PART or SECTION 31', Hl\JNSl-IlP "8 SOUTH. R~NG( 27 EAST. COLLIER COUNTY, FUIR[l)A BEING MORF. PARTlCULARL Y DESCRIBED AS FOLLO\JS, COf-lHF.:NCING AT THE SUUTH(ASl CORNER OF SAID SECTION 32, lIiLNCE AL.ONG THE EAST LINE OF SAID SECTlON 32 NORTH 02'13'53' \JEST 2,047,50 rEEl 10 THE POINT OF BEGINNING OF THE EASEHE:NT HEREIN BEING DESCRIBEDl [HENCE CONTINUE NORTH 02:'13'53' \,lEST 666,67 FEET HI THE EAST 1/4 CURNER OF SAID SECTION 321 THENCE SOUHi 87'46'07' \J[Sf 2500 rEET) THENCE SOUTH 02'13'53' EAST 66667 rEEt) [HENCE NURTII 87'46'07' EAST 25,00 FEU HI [HE POlNl' Of I3EGINN1NG L1F HIE [ASEMEi'IT HE.REIN llE.SCR!BEllJ THE EASEMENT CONTAINS 16.567 SQUARE FEET or LAND MORE': fiR LESS, SUllJfCT TU €.ASE~1f:t.rrS, RESERVAHONS ANIl RES1~ICTIDNS: or RECORD. '1 f i I! I II II . BY GUYP.AD~ .~ """"""--Nf.i:-;;~- \ - - . _. ~-"",-,--~-~--?- HOT P. SURVEY for: I ~;~';ec t: NCRWTP COLlIEF( COUN TY PUBLIC UTILITIES OIVISION title: SKETCH AND DESCRIPTION OF PART OF SECTION 32, TOWNSHIP 48 SOU 'Ill, RANG. ?? EAST, COLLIER COUNTY, 5Eiit~'NOLl .... ' II::: - ~RBER & ..... :::::: RUNDAGE. If'#C, Professional engineers, planners, & land surveyors Collier CountY' Suite 200. 1400 T..n!....' Tran, Nerth; !I.ple., n 34108 (23I1l5117"'3111 1,.. COllnty: IIl1l10 Coconut Rood. Suite 103, Bonita SprInt'. FL 34135 (2311)940-11663 Idote: FLORIDA I SePT 21, 2004 scale: book: 1" =60' page: project view: nO':04".OOB5 acad: c..url~.t. 01 Autborl..Uon No.. IJl 3664 .,111 Eft 38114 .-ax, (2111H680-2203 file no: 8866- SD17 8866 Agenda Item No. 16C4 Novernber16,2004 'Page 10 of 11 i \ + Agenda Item No. 16C4 Novernber16,2004 Page 11 of 11 Location Map I I I ~ ~ ~ l;' "- 1Ji L I..!. iii ~1li1l ~I i~ ~ ~ - 1 n9 - ~1 i ;"; i;:! i;j ~1 I' f! I; Ii ~ fi ~ ~~ ~ R r~ lij ~l _ i I -- m ~ I M ~ " ;;;i Agenda Item No. 16C5 November 16, 2004 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to award construction contract to "Expand North County Water Reclamation Facility Process Control Building" to Bradanna, Inc., Bid 05-3726, Project 72510 for $179,800.00. OBJECTIVE: Expand and modernize the existing process control building at the North County Water Reclamation Facility, provide an environmentally controlled instrument repair facility and adequate space for operator training. CONSIDERATIONS: The current plant expansion is close to completion but the scope of that project does not include any modifications to the existing control room building. The training needs of the employees are growing due to the increase in the facility's size and technical complexity, but the site lacks a dedicated training room. Furthermore the maintenance shop housed in this building lacks dust free and humidity controlled instrumentation repair facilities to properly maintain the sophisticated, complex and delicate instruments required by the facility's advancing technology. Bid #05-3726 was advertised on September 13,2004 and 287 notices were mailed. On October 12,2004, sealed bids for the construction of this addition were opened. Three bids were received and are summarized in the following table: BIDDER Bradanna, Inc. EHC, Inc. NR Contractors, Inc. BID $179,800 $247,885 $248,500 ~-~-- Remodeling and addition work is typically unpredictable because as-built drawings are often not reliable and structures that are assumed to be in sound condition can be found to be deteriorated or damaged and must be replaced or refurbished. Due to this concern staff requested in the bid documents that the contractors add a $50,000.00 allowance for such eventuality and this allowance is included in these_bid~~ _ __ _ .....- ~ - -= ~;-:;;--...;;;----:...? -, Staff has analyzed these bids, finds them to be fair and reasonable and recommends awarding the contract to the lowest responsive and qualified bidder, Bradanna, Inc., for $179,800. This amount is within the $200,000 estimated cost provided by the Architect of Record, ShenkelShultz Architecture. FISCAL IMPACT: Funds in the amount of $250,000 are available in County Project No. 725 I 0 - "Expand North County Water Reclamation Facility Process Control Building". Source of funds is Fund 414 - Wastewater User Fees. This project is contained in the 2005 Fiscal Year Capital Improvement Budget approved by The Board of County Commissioners on September 23, 2004. 1 of2 Agenda Item No. 16C5 Novennber16,2004 Page 2 of 5 GROWTH MANAGEMENT IMP ACT: This project has no impact on the Collier County Growth Management Plan and is consistent with the 2003 Wastewater Master Plan adopted by The Board of County Commissioners on May 25, 2004, Item 10 C. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex-officio Governing Board for the Collier County Water-Sewer District, award Bid 05-3726 - "Expand North County Water Reclamation Facility Process Control Building" to Bradanna, Inc., authorize the Chairman to sign the standard construction contract after review by the County Attorney and authorize the Project Manager to utilize the allowance if necessary. PREPARED BY: Phil Gramatges, P.E., Senior Project Manager Public Utilities Engineering Department -~~- r--: - - ~:;;~,_~c__",;,;;;:,__~ =~-;;;.-. 20f2 Agenda lll':lm Nt.1. 1OC5 Nov~.mber 16, 7004 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tt.m Number Item Summary 1fj:;G r..ecol'T1rr1i!l'1011liotl io IlWiltd (:IHH;jruction r;onlnu:(to 'E:.:p""d Nt:tr1i'1 COIlf1t~. Wa!flt F:<llIClamatIO~ F=BCllity prOCU\ C:-mlroi Building' to Bradan,..8, Inc., Bid O['.372ti, Pri:Jject 725'0 fN $.179,80tJOQ, 11f18.~L{)O" ~:(lCJ,OO AM M..tlnll Date Prl!pared B)' Oalto Porfttlo E. Orilm{Jtgo~, P.E. Sr, Project MaMger 1 Q126(Zfm4 4;57:64 PM Publl<: UlllItllt$ PllhUr; UlllIUu (',i1glt1Mllng Approved By W1llllttll O. Mullin. PE Principal Prale.::.t Nall.gett 0... PuhUc Utlllllf\t1 Puhll('. tltlllthl$ EnglM4Irtng 10/21/20049:02 AM Approved By i.yn Wood PlJrchll-slflg Agcl'lt Dille Admlni,tr.lllvl! Sorvice!> Purchnsltlg 1Uf2712004 &:V! AM Approved By S1eve Camell PUfch"$tl'lgIGenero1lf 8veti Director 0... Admlnl1i.lratlvCl lietvica" PUlr:h..lilng: 10/211'2004 \1:01 AM Approved By R(ty D. ""darnol"t, P,I:.. Public UUUUP.5 F.l"lglnlHtrll'lg Dllocl<H Dale P\tbhc Utllltin Public UtUltie5 E,nglnMrjno 1DI28rlOU-411:J' AM Apprond By Thorn.1$ Whlp.s O"lt,aljQns.OltMlor Date: Public Utilities Public lltfUtlllS ()perolltfanR 10/ZIl/20M o1:33,..M Apprond By Ja:urph r~ Chf'l1Jtha rtl WallotewaIClrOI'f\r,;tor Dale Pu~te Utllitlfl$ WUleWaler Trll!utmltllt 1Di~812004 6:21 PM Approl'cd BJ J~meti W. [)t!l.<JIlY Public: UlIhthfl; A(irnlnhlti'8tol O;Sle Public 1Jlllltleto PUhllc.lJl:Illtlf!lI Admtnl.str;a;lhm 11t,Ul004 1:24 PM Approved By OM8 Ct)Ll'dln~lor A\1mlnj,,~riltl\le !~,~Il.tant Oatlt C(II.lnIY Ml'In.l.Qf!l'S umr.:f! omr,:l~ of M.1I'1aQnmf!nt " Budg!l:t 11iJ12004 1t:4() AM Approved By Suun Us.httr Benlo! M,Ill'lollgeme"t/Budget .".IYlt Do1Ite County Ml!lnUljIil!f!o Office Offlce 01 Mnnageml!"nt It. f.lt/dvet 1113120011 ":1)2 PM Appro\'cd B)' Michael Slnyko'm.kl M.magerneMt" Budget Olrel.:tof 0.... County ManilUfH'1f, Officf! otrlCrl of M;Ul.tQ!lmllnt.& BUdgl!"t 11/6110.049:32 AM Approved B)' .I.pmel'l v. Mudd CW.mI)l Mm1ftllftr Dalf' Board of COUflly CmntnISflfo'Hl'!s CQUrlty Mnn.1'ifltir'tj O1'fk~ l1f512Q04 2:112 PM ~~-- - - ---- ~~'---;.----~ ., r-M co Ni:i .. G) -> C .- G) ~ 00 G) G)a:: .Y II) ..... G) 00) Z m .3l:: o m a.. If) 4) Dl~ mO E~ ~ - C)~ - ... :c~ a..E L.: G) 4)..... me.. m G) ern CD .. ~'i 1:>..... .~~ 00.. ... a.. c o :::l m- - ~E-- __ -m- -g - a:: ... ~ m 3: ~ e = ::JC) 8,g .r;:= t: :::l oCO ZO~ -oJ:lo eeN !.8 ('oj ~II)~ : ~,~ ~e8.g ~a.. ..;,~ 0=i1i :E~::J COLLO II t! o 1) ~ c o (.) a= z: . c c . 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I zou.~ ' <:(,)OLL. \ ~ ~I!z 0 I ~(/)JWbO c::: u..1~\- z wowii.o I-: r- ~IZ CD .< I~ I- 0 Q ~1...Jrn (,) CD I I , I ,i I 1_ ""l ,-:: - ~~~l ;~ \ .~~ ~ [ I I I Agenda Item No. 16C5 Novennber16,2004 Page 4 of 5 ..... '0 .... Q) OJ m a.. t'c m 0 .r:: II) 'E.3l:: co liS co-:l '0 l'\l 1::'0 CI) C ::~~ C e 4)- <:~ -")Vl{) )0_ -,00 ...--Nl{) . <0 Q) 0...-- 0) Z...ro E(1)Q.. (1).0 ::::E ro(1) -0> cO Q)z OJ <( Q ~ It) N l"'- e) Z - CJ Q) .~ E c.. - S 'is. ca u s ~~r ~I il 1...- "". 8 S ~ .". '~I 811... '..........J ~ N.... .~ it 8 "~ ~I ~I 8 ':g o , '~I :gl.. "9,, ~I 8/ ~ ,- it 8 'j o ~ 8 8 0) "0 as u Z "t:I C ca Q. >< W , . Q) E ca z t) Q) ,~ E c.. .... :g (,J ~ z ~ a a II) :ii ~ .. c o :w 'iij '5 8' II( "0 C ~ .. .~ Gl a. ....... c I:Il 'iij e! i or ,... ... .. c o :e ~ c a en N ... or .. c o ~ CI. III C to4 I L() o -c ~ai c: ::::lu o c: ()- .eca tc: oc: zca -c~ c: .... calIl 0.0 ><- w. = C> o c: -.- -:2 u.- ca ::::l J::;1Il c:- o 0 uJ::; c: 5 o () . :+:; 0 u(/)o ::::l (/) . J::;Q)O (/)UO C:oco 0.... - ua.Ol " -c ~ """ i;;=~ is: u .... caca,E 0LL.0 -c:""" c:0L() O:+:;N :+:;ca" caE_ -CcaU C:-Q) Q) U '-' E Q) e E c;: a.. OQ)CO U-N Q)ca" o:::5:~ ! Itf ~ .. c o .- .. Co>> cr " a. " c a. E E o Co>> G> ~ J .i e a. -----= ~~~-~---;:o.- Agenda Item No. 16C6 Novernber16,2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to award construction contract to "Expand South County Water Reclamation Facility 2nd Floor Process Control Building" to EHC, Inc. Bid 04-3724, Project 72509 for $689,000.00 and approve a Budget Amendment for $400,000.00. OBJECTIVE: Expand and modernize the existing process control building at the South County Water Reclamation Facility to accommodate the technical needs imposed by the new plant expansion. CONSIDERATIONS: The final expansion to this plant is nearing completion but the scope of this expansion did not include modifications to the existing control room facilities. These existing facilities are small and antiquated and do not accommodate the expanded operation while equipment control panels for obsolete gear previously replaced are still connected and must be removed to guarantee an appropriate level of reliability. Bid #04-3724 was advertised on August 30, 2004 and 305 notices were mailed. On October 11, 2004 sealed bids for the construction of this addition were opened. Four bids were received and are summarized in the following table: BIDDER EHC, Inc. Vanderbilt Bay Construction, Inc. Bradanna, Inc. Lodge Construction, Inc. BID $689,000 $745,809 $753,500 $840,8 I 0 Since this project was included in the 2004 Fiscal Year budget that was approved by the Board on September 18, 2003, the work has been expanded. A female restroom-locker -room has been added, appropriate space has been provided to accommodate the Wastewater Director and the Plant Manager and the building will be made ADA compliant. The costs of construction materials have also escalated considerably in the last few month~. Duet~~lLt~se factors the allocated funds do not cover architecturat .am!_ _ constructions co~ - - ._ __ -:-~_....;..-_ -_"... The Architect of Record, ShenkelShu\tz Architecture, estimated the cost of the original work at $310,000. They have analyzed these bids and have issued a letter explaining the reasons for this difference. Based on the arguments explained in this letter Staff and the Architect find these bids to be fair and reasonable and recommend awarding the contract to the lowest responsive and qualified bidder, EHC, Inc., for $689,000. A copy of the Architect's letter is attached. .-....... Remodeling and addition work is typically unpredictable because as-built drawings are often not reliable and structures that are assumed to be in sound condition can be found to be deteriorated or damaged and must be replaced or refurbished. Due to this concern staff requested in the bid documents that the contractors add a $50,000.00 allowance for such eventuality and this allowance is included in these bids. 1 of 2 Agenda Item No. 16C6 Novernber16,2004 Page 2 of 6 FISCAL IMPACT: A Budget Amendment is being processed to transfer $400,000.00 from project No. 731612 "Take Package Plants Off-Line", Fund 414, to this project. Subsequent to this Budget Amendment approval funds in the amount of $71 0,500 will be available in County Project No. 72509 - "Expand South County Water Reclamation Facility 2nd Floor Process Control Building". Source of funds is Fund 414 - Wastewater User Fees. This project is contained in the 2005 Fiscal Year Capital Improvement Budget approved by The Board of County Commissioners on September 23,2004. GROWTH MANAGEMENT IMPACT: This project has no impact on the Collier County Growth Management Plan and is consistent with the 2003 Wastewater Master Plan adopted by The Board of County Commissioners on May 25, 2004, Item 10 C. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex-officio Governing Board for the Collier County Water-Sewer District, award Bid 04-3724 - "Expand South County Water Reclamation Facility 2nd Floor Process Control Building" to EHC, Inc., authorize the Chairman to sign the standard construction contract after review by the County Attorney, approve the necessary Budget Amendment and authorize the Project Manager to utilize the allowance if necessary. PREPARED BY: Phil Gramatges, P .E., Senior Project Manager Public Utilities Engineering Department ~~--- 20f2 Agf:!nrJa Hem No 16C6 November 16,7.00.4 raga 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS It.m Number Item Summary . '6C6 r~"i:ornmer"(jutjm' [(I 'Iwmd t:I}!!t;!rurrtion r.onlriJt:t l,() "E.Pill1d Sr,liJth C<1llflly Wall!lr Rl!lclima11on Facility 2nd Floor PrDC~U Control Elutlding" to EHG, In", Bid 04.3724, Project 7;1509 for 1f89,OQO OU Bl'td 9pprove a Budget Amendment fo' ~o!:;O.COo OC 11 11 Hf}(](i4 ~i:(la:()o AM Meeting Date Prepared B)' O.te Porlirio E. Or"m,It{jCl.$, P.E. Sf Projl!'et Manager 1ut;l1/200411:1t&;;l6 AM PlJbUt: IIUlItll.lt; PllbJIr.I;t1Utle5 f:nglnelttltlSl Approved 8" l)m Wl;.lOU PUIC:!lcU,I1'lgi Atltlll 0.., Admlnlfttr.tl\l~ Sl$l,vlcau, Pl,lrch,*slng 10/21f20f.l.42:f2 PM Approved By SteveCvmHlI F>urct1ulllg/G.'II~ral S\ll;. DI18ctbr O;lle Admlnlatratlvll' 5111rviceu Puret1i1.'tlng tUf;o!7It004 -4:3\1 PM Appro\'ed By Roy S, Anden;oll, P.c. Public UtUllle.::. E.ngltlller1ng OtrectUl Date PuhllcUtilltlf-1I Public: UtlIlUrr_'l Eng1naC'Prlnp 101l1l2U04 11~26 AM Apprond By \o\'lltiam O. Mullin, Pf. P1tnc.lpIII pmJm:t M"Il;lg,,~ Date Public UlHittp.'l Public UUUtl~1i Englnel!'rtng 1{1!2t1120U04 ~1:4l AM Approved By JOHeph n. r.:hl~"ltIlllm Wlllitr.Wllt~f('Jlrtfc:t(l' Drltr. PUblic Utllltl4\1 Wsst"W"ll!:r TrealMlI'nt 10/28:20045:21 PM Approved B)' Tl10rmlW Wlelel; Opflriltlal'll; Dln!lt:tol D.llle PubUoc lItHltj~$ Public: UtIIlUl!$ CJ'I(!mtlc"'~ 10{29/2004 1 L041 AM Appro\'cd B)' Jam~s W. OeLony Public: Utllttlll\l Administrator Dllte- PUblic: Uhllti(~t; Put/Ile \Jr:llltl~!. Adrrotnl.'$lrallCI"l 111,lJ:l00.411:0t AM Appro\'ed By OMB Coordlnlltor Adlnlnl~tratt"'fI As-tl!sttlnt Out!! COl.lnl).' Mlln,..gcr'~ Officr. Ol'l'lert (If Mo1rlagnrtltltll & 8UdQltt 1113f20a4U:.4;Z PM Approved B)' Su,." Us.hll'r Selllol MlIl"lagemeflt/Budgl!l AIl..tY!l1 Dillie- County Manngftf" Off'lC'.t!' Offlcp af MlIn.1gpmrmt" fJudaN '1(""20044;:J4PM Approved B" Mlchaei SmyM:OWskl Mahugeln~'lt & Buduet Oh.ctut Cate CDUnty M.m...gtt,'jJ Of'fit:fl Office of M.1111l1IltlM'llC'nl & Budgot 1115(;/00,. Q....v AM Apprond B.v Jm'tlltliV_Murid Counly ~iUlnUI!r D:!lllll Board of County r:ommi!u;ICll"le" CDunty MnnDgf!r'l> Utile," 11f51:t00410~43 AM ~~- ===.: - It) v o MO' _ "C +Jg;! C .- CI) CI) wid ~c::: ~m Olfil :z~ u a:l 0. fA Q)~ 90 a:l0 eN e!o ~~i(ll ..c:::Jec 0. g' ::I ;\ L.:<"C"l:J' eI) C m C)..CI)~ cu"C"l:JCC c,S"C lGII)< ~~ ~~ 0='0 (ll eo c. C o ~ cu- E CD 13 eI) D::C) .... C eI) ._ -"l:J (ll- ~ 'S b~ C 0 ::J~ o 0 Uu =11) :::J II) ~8~ '0...0 COoN li"'~ ><8..... w-.... ~~~ Nc::O ~NO I bO ~ .- O=iu :2f6:::J lDu..O 18\8 Ie 0 00 .00 '0.0.' It) It) .. tR-, \000 000 aiOeD '0 0'0 1:0. 0.11:0. It) 0'101 ~~I~ . i ~I ~~I\:~!I 000 oi, 0, 0)- ~i~~1 tit \ tR-i 010 0 ~i~~ 0'0,0 .....101..... 1:0 011:0 00\0 O)'It)'-.r ....1..: 1:0 I' ... I ... i oooll 000 cicio 000 10 0 101 iSg;&f I............ ... I" 'g' t) :2 :2 '> (ll ~ "C m m (ll -E :::l c:: II) II) ..c: 8 "Cc::CO .. .. "Crn alQ)Ct) .. .. c:: - Q) - c:: III CI) I I ell ~.s .s .2'..c: "5( m .~ IIlE c::~-ts -0 :!::: -c1llQ)5 1I)~C::ellE"l:J~~ ~ 10'- al C ..... .c , 'eI)6-~.Q.:::d1B I _ -,.2' ~ CD go ~ E '5. I - 'C.Cl:g<n+'.e-C. ; - CD c:: _ _ 11.1- :::J (ll i I .a::::c.c Ct) ClC"-C I .....:2.ec::r::CDc I Cii :.c III :8 .~ 'g (ll ~ . Ct)a>c::'i:il!CIll!O g:5:sg0...~E 'E -g g U "0 .8 E ~ '-g (ll .b ~ lii .!!! :::J c. 8Cl~CI)lI)cijgE .S .- I:: .!Q '1:: "C .a ;1:l.,..tQ):::JalIUCl '!i '5 ~ (!) ] Cii :5 .€ ' .~~~~-5~~~ =..c:Ct)ClCf)a:l~;e I ~!~ i ~ ~ ~ ~ g ~ III .5 "0 - -m E <II - EEalgo~'E15 C j CIl a>.- C .... .S ~ :5 l! 1Ii.s 8 Xl - ~Cll5l5mCll(J 'C: g' '3 :g E :e ~ .5 ~ ~ I,:; 'Q) ..2 a -g c. ~ .5 l,P,l'llffiUcceo'E C ' :I: u.5 "0 U c. ~ 0 I :!: ' :c: CDI "C c:: al > u ::c w CI) Cl -c .9 ~I ~' ,il ' III I~I I \ I >-I>-i>- >->- i , >->->->>- I 1>-,>- >>-1> I i I ! Ill>>> I ! i \ I ' 10 ~.I~ c:::ifQ10i ~ OI~11- :::It;c:::,Cf) t5 < ~i~ LE~)(iW ::l Z I.U 11- ZIO:u..:~ ~ia5\e\~ :i ~ ~ 1-\0 :I:ffi ~\~l,~!,g I- h<:I%lo I <~\I-'Ol_ ~..J CIJ:UllDi II I I 1 >- i I Agenda Item No. 16C6 Novennber16,2004 Page 4 of 6 , I \ I ..... '0 ..... a> Cl (ll a.. >- , I I , I 1>- I ! >-1 \ I I "'!'l -' I ; I . 1'1: \ I ~ ~"\ i ~ ~ ~) \ ,J ,~ '<N, ~ ~~+-. ~ vW' i lei) ~ l.c o 1:l:.c c:: c,CI) .:.:: 0 :I: it \~~I E c:: Cf) !-6 ..J iIi I~ I~'~ I' "C 011'- <: <I~ , ! I , 10/27/2004 '1:22 FAX 2394813303 SCHENKELSHULTZ-FTM .. CUL l;U I'Ut.U-l:iK^,' lID IIV""uue: . . . .. . . ... Page 5 of 6 SCHENKELSHULTZ n ril"l ARC PI I TIC' U ,. I! II H II MEMORANDUM DATE: Oc:taber 26, 2004 Phi Oramatps CollierCouncy PlIblic Utilillel En~ Departmenc TO: nOM: Jon Danca ICICHKeLSHVLTZ R!.: s..tII CoulJ W.m:w.ter ReclalMtloa PMIIt1- Coatr" 'RooIII lap..1ion Conuninion No. 0420109 Aa requelled, we have m1o.red &he bid tab from dle above tef8nmC:Cd project co render an opinion lIS to wbelher the pric:iDt Is nf)JmlrntatiYfl of current marat RteI. Inidally, III of rhI bids appeli' blp relative to the or_I b\ldaet of $3 10,000.00. To put chii into conrext, the project'. orilinal ICOptI .ntlcipaaed the IIdditiO'll of 1,150 &quare fcc:l of buildillC trOa. Proiram dlsc\IIIiona dnrmined that the preltmiDary delip abould be uf*ldad to Include I reconla IIorap room and afl'loc:km. These rooms a6ted 104 square feet of JIIIW conslnlclion for a fDI8l of 2,6'4 squue feet. Combined with the reoovatioa ad remodeJin& the project involves a ,..1 of 4,700 $qUIR fHt (ineluding !be 2,654 d. addition) of buUdine and lO1IIe 400 I.r. ofupJWt end concrete :site 'Work. Wi1hout the benefit of. dtltailod brelkdown of the trade bids. which the CClI'ICrlMlcor is not I'Oquirocl to provide, we can only CGmp8l'O tho total bid amo_ to IVerap COIlItrUC'dolt COSlS oa a square foot basis. :New CODStnICtion would be Intlcipated to ran. &om SliD - $12015.f. while retKJVationltemodeliDg preseDdy ranees tom $120 - SUO/d. PJumbiIls inlcftsiw cOllllrUCrion $aIltl a. Jocbr rooms wwlcllend 10 1he high Pde of lb. rmp. The low bid of 1639,000.00 (befotll tha S50,000.00 contlapDc:y) reprqenlS a COSt of$136.OOILt Due to die DldUre of rono\'lllion ... remodelln8 projects. slijbdy btaher costs .. e:qJeaed. This proJellt is pllfliculwJy demanding in Iblt aU Ibe work IDUIt be pafomIed with the flellity fWly opencioDaJ IlOUIld the clock; an Wlu....l job 00IIIdiU0D. The clifBeu.1t)' ia eve ...... couIderiac dill tile existing roof will be d8molished, removed and replaced wid! a DeW roof struc:ture. MCJmJ\Iu, mueh of the second tloor work iJ befog done above Ul exlstina first tloor stNeturo ~b will iQelff'l4uire JlMlal demolition. Based on Ihc project's level Of difficulty, the uDkDowns ad tile addltlonal KOpa, it is 8CHENKELSHUL rz opinion that rho low-bid amount would be considered to be within CUJ1'8Dt IDII'ket rates. no fairly tisht Iprelll1tfdle three ~ow..t bids (within S65,000.(0), providft-tQnher c:r~e to tbe COlt as pl'1lsented. ~~- If you bave Ill)' furthtr qU8ltionJ OIl I1Us sabjec1, pIi_ \N.lw.our offi&. JADIjad Allldlmatl a:: a.y Krw:aerI8CHENKI!LSHUL TZ 0420aO'1Owner Outaoiar. I~'tll~.,. UIC. ~il( :01. r,,,, "I'..... ".""~I.',I..,., "~~.....'iaM'~';rl:L~~'~-rr ..i..~~1~~"'I;J.:tt'iJ'~~~! to"'" co <.)0- COOO ,-NCO O~Q) Z ,- O'l ...ro Q) EQ)o... Q).D 0 :!:::E II) \.. . .;::-0 roQ) N -0> .... 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III cu 0 c c.. ... Q U 104 D. Agenda Item No. 16D1 November 16,2004 - Page 1 of 4 - EXECUTIVE SUMMARY Recommendation to renew an Agreement for Joint Use of Facilities with St. John Neumann High School Objective: To maximize use of and access to countywide recreation facilities. Considerations: Collier County Parks and Recreation Department and St. John Neumann High School have an agreement for use of facilities that allows the school to use the Golden Gate Aquatic Complex at scheduled dates and times and the County to use the school gym during the summer. Under the agreement no facility rental fee will be charged to either party for use of the other's facility, each organization is responsible for providing staff at programs and activities run at the other's facility, and fees and charges may be assessed to program participants by the organization running the program. A one million dollar ($ I ,000,000) general liability insurance per occurrence shall be maintained naming the other party as additional insured. The term of the agreement is three years. It has been approved as to fonn and legal sufficiency by the County Attorney's office and signed by an authorized school official. Fiscal Impact: No fiscal impact is associated with this agreement. However, The MSTD General Fund (I 11) Parks FY 05 budget includes anticipated revenue for participant fees from activities that could potentially be held at St. John Neumann facilities. Growth Manaaement: The Golden Gate Aquatic Complex IS inventoried in the Growth Management Plan. Recommendation: Thaf the Board of County Commissioners renews the agreement with St. John Neumann-High School for joint use. of specwc.. facilities and authorize the chainnan to sign. ~~=c - - - ': - ~ _ _ Prepared By: Amanda Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 1601 Novennber16,2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1601 Meeting Date Recommendation to renew an Agreement for Joint Use of Facilities with St. John Neumann High School. 11f16f2004 9:00:00 AM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 1 Of29/2004 1 :58 PM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 11/1/20048:19 AM Approved By Marla Ramsey Parks & Rocreation Director Date Public Services Parks and Recreation 11/1/200410:50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/2/20048:52 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/20045:01 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/200410:45 AM ~Approved By ~--,,-..--- James V. Mudd County Manager Date Board of County Com missioners County Manager's Office 11f4/2004 2:49 PM Agenda Item No. 16D1 Novernber16,2004 Page 3 of 4 AGREEMENT THIS AGREEMENT is entered into this day of 2004, between St. John Neumann Catholic School, Florida, hereinafter called the "School", and the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, hereinafter called the "Co\U\ty". The School and the CO\mty are referred to collectively as the "parties". WITNESS WHEREAS, the parties are interested in providing at each other's physical facilities additional recreational and other community service programs for residents of Collier County; and WHEREAS, this agreement is intended to result in more extensive utilization of each of the party's physical facilities to accommodate the contemplated activities; and WHEREAS, in the interests of providing the additional community services to the public with the least expenditure of public funds, full cooperation between the Co\U\ty and the School is called for; and WHEREAS, the parties have the authority to enter into this agreement with each other and do all things appropriate to aid and cooperate with each other in cultivation of good citizenship by providing additional programs of community services and recreational and social activities. NOW, THEREFORE, the parties agree as follows: 1. SCHEDULING EVENTS. Schedule of dates/times for the use of the school and the Co\U\ty facilities will be worked out at least 60 days in advance of agreement start date by the parties. Those schedules will be arranged to avoid time/use conflicts. In the scheduling of events, school events and the programs shall have first priority for use of the School's facilities, and the County's community activities shall have secondary priority. In the scheduling of events, the Co\U\ty's comnnmity activities shall have first priority for use of the County facilities, and the School's events and programs shall have secondary priority for all locations unless pre- empted from time-t.o-time by activities of the Collier County School System in accordance with the County's pre-existing written contractual commitment in that regard to the Collier County School Board. SCHOOL FAClLITES: 2. St. John Nelll118DI! High School will make its facilities available to the County for community activities at no charge to the County. 3. The School's properties and facilities are inteD.(ied primMti'ylOfSCllool P\ll'PPses and . for the benefit of children of school age. Therefore, in planning programs and scheduling -- . activities at the School's facilities the needs and opportunities for such children shall be the prirnatY consideration. 4. The School shall be consulted in the planning and administering of any County program to be conducted at the School's facilities. 5. The County will provide its own personnel, as determined to be adequate by the County, to supervise the County's activities which will take place at the School. All personnel provided by the County shall be under the supervision of the County. 6. The County shall fwnish and supply all expendable materials associated with any event that it sponsors at the School. 7. The County shall utilize the following facilities and dates: Gymnasium: During public school summer break, June - August; all weeks minus two weeks before school resumes in August 7:15 am to 6:00 pm Monday - Friday Gymnasium: 1 week in June, July, and August for basketball camp Agenda Item No. 1 D1 Novennber16,204 Page 4 f 4 COUNTY FACILITIES 8. The Golden Gate Aquatic Facility will be made available to the School for swim team practice and meets at no charge during those hours when the County facilities are open to the public. 9. The County's properties and f8cilities are intended primarily for the use of the County programs and the other County sponsored events. Therefore in planning programs and scheduling activities at the County's Aquatic Facility, the needs and opportunities for such County programs shall be the primary consideration. 10. The School pays Collier County for the cost of lifeguards during non-open hours at a flat rate offifteen dollars ($15.00) per hour per guard. 11. The School staff shall use the facility for practices and meets during August through November. 12. NO ASSUMPTIONS OF LIABILITIES: Neither party sball assume the liability of the other. Collier County shall maintain at all times during the duration of this contract and in the event of a claims made policy, for four years after its termination, insurance coverage for bodily injury, personal injury and property damage each in a minimum amount of 51,000,000 per OCCWTence and $2,000,000 aggregate. The County shall, within ten (10) days from the execution of this Agreement, furnish to the Diocese a certificate of inslJl8IK:e which names "Bishop John 1. Nevins, a corporation sole, the Diocese of Venice and St. John Neumann High School" as additional insured. The Diocese of Venice shall maintain during the term of this Agreement genera1liability inslJl8IK:e in the minimum amounts of $1,000,000 per occurrence and $3,000,000 aggregate and shall, within ten (10) days from the execution of this Agreement, furnish to the County a certificate of insurance naming the "Collier County Board of County Commissioners" as an additional insured. 13. RIGHT OF TERMINA'IE AGREEMENT. Either party may at any time terminate this Agreement by giving to the other party ninety (90) days advance written notice of its intent to terminate. 14. 'IERM. The term of this Agreement shall be for a period of three (3) years commencing on the date of execution. ST. JOHN NEUMANN CATIlOLIC HIGH SCHOOL, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLffiRCO~,FLO~DA ~uhv-C~f1'd-/ Nam _ - ;:7~,AI~""AL Title By: - Donna Fiala, Chairman ~~- - -- AT9r~? ~ / ATfEST: J By: . Deoutr Clerk for Dwight Brock, Clerk of Courts Approved as to form and legal sufficiency: By: Robert Zachary, Assistant County Attorney Agenda Item No. 1602 November 16,2004 Page 1 of? EXECUTIVESU~ARY Recommendation to approve a Purchase Agreement for three residential lots for expansion of the County's Bayview Park at a cost not to exceed $92,730, Project 80060. OBJECTIVE: To acquire property for the expansion of beach and boat access opportunities for the community. CONSIDERATION: The Board of County Commissioners approved the Beach Access and Boat Launch Master Plan in May 2003, which outlined a project to purchase property surrounding Bayview Park. On April 13, 2004, Agenda Item 1601, the Board authorized staff to utilize real estate incentives to encourage land and homeowners to sell to the County . Staff has negotiated an agreement with Maybelle Crawford (Seller) to purchase Lots 4, 5 and 6 in Naples Bayview Addition on Fern St. for $90,000.00. These lots abut property to the west acquired July 2004. These lots are shown on the attached sketch. Real Estate Services' staff Real Estate Appraiser valued the lots at $92,000.00. The results. of a Task 1 Environmental Assessment/Site Audit performed by the County's Pollution Control Department is favorable. .- The attached Agreement has been reviewed and approved by the County Attorney's Office and the Public Services Division. GROWTH MANAGEMENT: Beach and boat access opportunities are encouraged in the Growth Management Plan. Anticipating the projected growth of the County over the next ten to twenty years, this project will help maintain the level of service that exists today. J___=_~... FISCAL IMP ACT: The total cost of acquisition should not exceed $92,730 ($90,000 for the property, $980 for the Environmental AssessmentLSite Audit, and approximat<?ly $1,750 for title commitments, title policies, and recording of related documents). Funds are available in Parks Capital Projects Fund 306 from money that was donated in September 2003 from Heritage Bay. ~~--- =---.u RECO~ENDATION: That the Board of County Commissioners: I. Approve the attached Purchase Agreement; and 2. Authorize the Chainnan to execute the Agreement on behalf of the County; and 3. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and _. Agenda Item No. 1602 November 16, 2004 Page 2 of 7 EXECUTIVE SUMMARY Approve Agreement for Sale and Purchase' - Bayview Park Page 2 4. Authorize staff to prepare related vouchers and Warrants for payment; and 5. Direct staff to proceed to acquire the subject property, to follow all appropriate closing procedures, to accept the Warranty Deed, and to record the Warranty Deed and all necessary documents to obtain clear title to the property; and 6. Approve any and all required budget amendments. PREPARED BY: Sharman Veger, Property Acquisition Specialist Real Estate Services / Facilities Management Department .-;,.., ~- ~.. ~--~---- Agenda Item No. 1602 November 16, 2004 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D2 Meeting Date Recommendation to approve a Purchase Agreement for three residential lots for expansion of the County's Bayview Park at a cost not to exceed $92,730. 11/16/2004900:00 AM Prepared By Date Sharman Veger Property Acquisition Specialist 10128120048:49:14 AM Administrative Services Real Estate Services Approved By ToniA.Mott Real Property Supervisor Date Administrative Services Facilities Management 10128120048:54 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 11111200410:53 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 11111200411:23 AM Approved By Charles E. Carrington, Jr., SRfWA Real Estate Services Manager Date Administrative Services Facilities Management 111112004 12:44 PM Approved By OMB Coordinator Administrative Assistant Date ~-- ~~:-=.. _=_,,"County Manager's Office Approved By Office of Management & Budget 111'U2{){}4 4:54 PM Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/20042:58 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/200412:28 PM Approved By James V. Mudd County Manager Date -- Board of County Commissioners County Manager's Office 11/5/20043:19 PM Agenda Item No. 1602 Novernber16,2004 Page 4 of 7 PROJECT: Bayview Park Addition FOLlO NO: 61380080006 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") ,s made and entered into thi5_..__.. day of __.__..____.__., 2004, by and between MA YBELLE CRAWFORD, a single woman. (hereinafter referred to as "Owner"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a political subdivision of the Slate of Florida, whose mailing address is 3301 Tamlami Trail East, Naples. Florida 34112, and assigns (hereinafter referred to as .Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described as follows (hereinafter referred to as the 'Property";; LoIs 4,5 and 6, NAPLES BAYVIEW ADDITION #1. according 10 the Plat thereof, as recorded in Plat Book 4. at page 20, of the Public Records of Collier County, Florida. WHEREAS, Owner desires to convey the Propel1y to Purchaser for the staled purposes, on 1he terms and conditions sal torlh herein; and WHEREAS, Purchaser has agreed to compensate Owner lor conveyance 01 the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and olher good and valuable consideration, the receipt and sufficiency of which is hereby mutuatly acknowledged. it is agreed by and between the parlies as follows: -~ --?-- 1. Owner shall convey the Property 10 Purchaser for the sum of $90,000.00, payable by Counly Warranl {said transaction hereinafler relerred to as the "C\Qsing"). Said payment shall be full compensation for the Property conveyed, Including all landscaping, Irees, shrubs, improvements, and fixtures located Ihereon, and tor any damages resulllng 10 Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering Ihe Properly, the execution of SllCh instrumenls which will remove or release such encumbrances lrom the Property upon their recording in the public records of COllier County, Florida. Owner shall provide- such instruments, properly execuled, to Purchaser on or before_ the date of Closing. 3. This Agreement shall be nuU and void, and of no further force or effect, unless Closing shall occur within sixty (60) days trom the dale Purchaser executes this Agreement; 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 qualiffcations affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warranl to Owner and Owner shall deliver the conveyance inslrument 10 Purchaser In a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, condillons, or premises olher Ihan those so stated herein; and the wrillen Agreement, Including all exhibits attached hereto. shall constitute the entire Agreement and understanding 01 the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings. promises. warranties, or covenants not contained herein. 5. Owner is aware and understands that the "oHer" 10 purchase represenled by Ihis Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. ~ ------- I 1--- Purchase Agreement Agenda Item No. 1602 November 16, 2004 Page 5 of 7 Page 2 6. Purchaser shaU have thirty (30) days from the dale of this Agreemenl, ("Inspecllon Period'). 10 determine through appropriate investiga.tion thaI: 1. Soli tesls and engineering studies indicate that the Property can be developed wilhout 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 aU applicable State and Federal environmental laws and the Property ;s free from any pollution or contamination. 4. The Property can be utilized for lis intended purpose. If Purchaser is not satisfied. tor any reason whatsoever, with Ihe results of any investigation. Purchaser shall deliver to Owner prior to the expiration of the Inspection Period, written notlce of its intention to waive Ihe applicable contingencies or 10 terminate this Agreement. If Purchaser fails to notify the Owner in writing of its specific objections as provided herein within the Inspection Period. II shatl be deemed thai the Purchaser Is satisfied with the results 01 its invesligatlons and the contlngencJes of Ihis Se<:lion shall be deemed waived. 7. Owner represents thai Ihe Properly and all uses of the Property have bean and presently are in compliance with all Federal. State and Local environmental laws; thai no hazardous substances have been generated, stored, trealed or transferred on Ihe Property except as specifically disclosed 10 the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received noUce and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened envir.onmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spit! or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed salis/ied by conveyance of title. 8. Owner shall indemnlly, defend, save and hold harmless the Porchaser against aryd trom, and to reimburse the Purchaser with respect 10, any and all damages, claims. Ilabililles. laws, costs and expenses (including without limitallon reasonable paralegal and allorney lees and expenses whether in court, oul 01 court, in bankruptcy or adminIstrative proceedings or on appeal). panarties or fines Incurred by or asserted against the Purchaser by reason or arising out 01 the breact\ of Owner's representation under Section 7. This provision shall survive Closing and Is nol deemed satisfied by conveyance of tllIe ~ -9. -TheRurghaser shall pay for all costs of recording the conveyance Instrument in ~ ~ Ilfe-p[jt;trc~cords of Collier County, Florida. All other costs associated wilh this transacllon including but not limited to transfer, documentary and inlanglble taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated wilh securing Irom mortgagee{s). and recording in the public records of Collier Coun1y, Florida. such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property, The cost of a tille commitment shall be paid by Purchaser. 10. This Agreemenl and the terms and provisions hereof shall be effective as of the dale lhi::; )l.gr~emenl i::; exccuted by both parties and shalf i:1ure to lhe banant of and be binding upon the parties hereto and their respective heirs, executors, personat reprasentalives, successors, successor 1rustees. and/or assignees, whenever t~ context so requires or admits. t 1. This Agreement Is governed and construed In accordance with the laws of the State of Florida. Purchase Agreement Page 3 Agenda ItemNo. 16D2 November 16, 2004 Page 6 of 7 this jL.~~~:~~Sx~j~~.o~~_~~~ ~g~~s hereto have executed this Agreement on Date Property acquisition approved by BCC: AS TO PURCI1ASER: DA TED:....m...... ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA , Deputy Clerk BY: ....._................_........... _.................... DONNA FIALA, Chairman AS TO OWNER: DATED: 0'I..j~J 1L. / L;;.. ) Witness (Signature) . Name:~jla.r.~:I-'''1 (Print or Type) 'tt:l~~w~~~~- r _!) . . ).I,U_ll 1/ (id.n-;)J Wilne~s (Signature). J' .' Name........--:i2L:.tl1It..._tLi cL h I) (Print or Type) My commISSIon 'E .r,"f'f. DeceIT,ber 21.?O\O --.::"'.:-==--~--:;.r-. Approved as to form and legal sufficiency: . e Agenda Item No. 16D2 Novernber16.2004 Page 7 of 7 Bayview Park LEGEND I Collier County Acquired 7-15-2004. ~ Crawford parcel to be acquired 12-30-04 if approved Bee meeting 11-16.04. N A Courtosyof: Shllffllan Veger. Real Estate Sel'\llOe& Agenda Item No. 1603 November 16, 2004 _ Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve after-the-fact submittal of a Florida Recreation Development Assistance Program grant application to the Florida Department of Environmental Protection for North Naples Regional ~ Obiective: To receive after-the-fact approval from the Board of County Commissioners to submit a Florida Recreation Development Assistance Program grant application to the Florida Department of Environmental Protection to fund elements of the North Naples Regional Park. Considerations: The Florida Department of Environmental Protection's Florida Recreation Development Assistance Program (FRDAP) is a competitive program that provides grants to local governments for acquisition or development of land for public outdoor recreation use or to construct or renovate recreational trails. Up to $200,000 in matching funds is available per project during each cycle. Recipients can have up to three grant projects ongoing at one time. Collier County currently has two projects ongoing: one for improvements at Airport Park in Immokalee and one for improvements at Bayview Park. Both are nearing the closeout stage. The Parks and Recreation Department would like to apply for funds to contribute to the development of North Naples Regional Park during for the upcoming cycle of FRDAP. If awarded, Collier County will have up to three (3) years to complete the project. Collier County has applied for FRDAP funds for this project in the prior two cycles, but has narrowly missed funding both times. DEP staff has assured County staff that the application is competitive and has encouraged the County to resubmit. Total FRDAP funding available will be determined by the legislature during the upcoming legislative session. The Bureau of Design and Recreation Services evaluates each eligible application according to Florida Administrative Code and assigns a final score. Based on the scores, DEP prepares and submits a recommended priority list to the Florida Legistature-401~fllllding consideration. Award notifications are usually sent in - June. If the County~is awafae-athe grant, staff will return to the Bce for approval of the grant award agreement. Funds will be available on a reimbursement basis. The County Manager approved and submitted the application prior to the November 12 deadline. Staff did not request permission to apply for the grant prior to submittal of the application because the Parks and Recreation Director wished first to secure permission to apply from the Parks and Recreation Advisory Board, which met and approved applying on October 20. - Agenda Item No. 16D3 November 16, 2004. ~ Page 2 of 3 Fiscal Impact: No fiscal impact is associated with applying for this grant. The full available amount ($200,000) will be applied for, requiring $200,000 in local match. Matching funds are available in the North Naples Regional Park project in the Regional Park Impact Fee Fund (345). Growth Management Impact: The Growth Management Plan will inventory the developed facilities. Recommendation: That the Board of County Commissioners grants after-the-fact approval to submit a Florida Recreation Development Assistance Program grant application to the Florida Department of Environmental Protection to fund elements of the North Naples Regional Park. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation ,""":::,o;;.-o::~,.,.,;,:..._-.:...~ Agenda Item No. 16D3 Novernber16,2004 Page 3 of J COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1603 Meeting Date Recommendation to approve after-the-fact submittal of a Florida Recreation Development Assistance Program grant application to the Florida Department of Environmental Protection for North Naples Regional Park 11/16/20049:00:00 AM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 11/2120045:15 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 11/3/20049:14 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 11/3/200410:41 AM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 11/3/200411 :22 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1113/20042:39 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office OffiCe-<>..f Ma~ement & Budget 11/3/2004 3:05 PM - ~~-~--?- Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/20049:26 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/5/20047:59 PM ,e....... Agenda Item No. 1604 November 16, 2004 Page 1 of 21 EXECUTIVE SUMMARY Recommendation to adopt a Resolution amending parts of Article IV of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy Obiective: To generate revenue sufficient to offset rising program and facilities costs. Considerations: The Director of the Parks and Recreation Department is recommending the following fee changes, with the following justifications: Increase the boat launch fee by $2, increase the noncommercial annual boat launch sticker fee by $15, and provide for a two-tiered fee structure for commercial boat launch stickers. Increasing the boat launch fee and sticker fee are projected to increase annual revenues as follows: $25,000 from boat launches, $4,000 from boat launch stickers. This revenue will be used for general maintenance and capital refurbishments. The institution of a two-tiered fee structure for commercial boat launch stickers is intended to encourage compliance among commercial boat launch users while offering fiScally feasible options for both large and small commercial entities. Change the recreation leagues fee structure to provide for a combined sponsor and players' fee. A combined sponsor and players' fee based on the average number of players per team in the league streamlines paperw.ork, adding efficiency without cutting revenue. Increase membership fees for fitness centers and fitness babysitting services as follows: at Golden Gate and Max Hasse Fitness Centers, daily by $2, 3-month by $10, annual by $10, spouse or additional family member by $20; at Immokalee and Veterans Fitness Centers, spouse or additional family member by $20; babysitting by $1 per session and $5 per 10-session package. Increases in membership and babysitting services fees are projected to increase annual revenues by $20,000. This will offset increases ill operating expen~.litures al!~gtlipp1~nt replacement costs. ~. ~--._--;.----- -?-.,. Increase the 9-week summer camp fee by $9, change the partial session summer camp fee structure, increase other holiday camp fees by $5, and eliminate the two- tiered fee structure. Rising transportation costs necessitate a small increase in camp fees. Staff projects an increase of $15,000 in actual costs for transportation between FY 04 and FY 05. The proposed increases in camp fees are projected to generate an additional $12,750 to offset this. The new partial session fee structure will offer more choice to participants while streamlining enrollment procedures for staff. The two-tiered fee structure is eliminated in response to the closing of the geographical gap between the Naples and lmmokalee areas. Qualified participants needing financial assistance may still receive scholarships. .- Agenda Item No. 1604 Novennber16,2004 Page 2 of 21 Eliminate the two-tiered fee structure for memorial benches. The elimination of a separate fee for recycled plastic benches will put the fee more in line with actual costs. Change the room rental fee structure for Class IV users at the Golden Gate Community Center and add a fee for the Wheels Amphitheater. The introduction of a three-tiered structure for Class IV room rental rates at the Golden Gate Community Center will align that facility's fee structure more closely to that of other Department facilities. The Wheels Amphitheater is a new facility for which a fee structure has not previously been established. Fiscal Impact: Increased revenue for fitness memberships and babysitting services as described above is currently budgeted in the appropriate FY 05 Parks and Recreation budgets. Other projections of increased revenue are not included in the FY 05 budget and are projected to result in an increase of $29,000 in the General Fund (001) and $12,750 the MSTD General Fund (111). Growth Manaaement Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners adopts the proposed Resolution amending parts of Article IV of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and authorizes the Chairman to sign. . Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation ~------ -::=';--'."'-~- --?-. .- Agenda Item No. 1604 Novennber16,2004 Page 3 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1604 Recommendation to adopt a Resolution amending parts of Article IV of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy. 11/16/20049:00:00 AM Meeting Date Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 11/2/20043:45 PM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 11/3/2004 10: 53 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 11/3/200412:32 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/2004.2:31 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/20044:57 PM Approved By Michael Smykowskl Management & Budget Director Date Co~nty Manager's Office Office of Management & Budget 11/5/20048:41 AM ~------ ~roved By --= ~.-~"':._~- =-~ - James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/8/20044:55 PM Agenda Item No. 1604 November 16, 2004 Page 4 of 21 RESOLUTION No. 2004-_ A RESOLUTION OF COLLIER COUNTY, FLORIDA, AMENDING PARTS OF ARTICLE IV OF THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY WHEREAS, the Director of Parks and Recreation has recommended to the Board of County Commissioners that the following changes be made to the County's Parks and Recreation License and Fee Policy, which was last amended by Resolution No. 2002-313 on June 25, 2002; the Director recommends: (a) increase the boat launch fee by $2, increase the noncommercial annual boat launch sticker fee by $15, and provide for a two- tiered fee structure for commercial boat launch stickers; (b) change the recreation leagues fee structure to provide for a combined sponsor and players' fee; (c) increase membership fees for fitness centers and fitness babysitting services; (d) increase the 9-week summer camp fee by $9, change the partial session summer camp fee structure, increase other holiday camp fees by $5, and eliminate the two-tiered fee structure; (e) eliminate the two- tiered fee structure for memorial benches; (f) increase room rental fees for Class IV users at the Golden Gate Community Center and add a fee for the Wheels Amphitheater. WHEREAS, the Board of County Commissioners hereby accepts the recommendations of the Director of Parks and Recreation; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: 1. Article IV, of the Collier County Parks and Recreation License and Fee Policy, as amended, is hereby further amended only as follows: a. Article IV, Section D, entitled "Beach Parking Facilities Fees; Boat Launch facilities Fees," shall read: I. Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Park, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $4.00 per day. Collier County residents with beach parking pennits will be exempt from the $4.00 per day parking fee. Collier County residents may obtain a beach parking permit at no charge. Vehicles with penn its will be exempt from daily parking fees. ~ ------ 2. Boat Launcfl Facilities Fees ~ -,=-~- ---;>0- Boat launch facilities, including and not limited to, Caxambas Park, Cocohatchee River Park, Collier Boulevard Boat Park (951), and Bayview Park, shall have a launch fee, inclusive of sales tax, at a rate of $5.00. All residents and visitors may purchase boat launch permits for an annual fee of $75.00. These permits are available at all Collier County Parks and Recreation Community Centers. Commercial permits for launch facilities may be acquired at the Golden Gate Administration Office for a cost of $100.00 plus the $5.00 fee per launch or $500.00 per commercial entity with no launch fee required. All pennits are good from January I to DeCember 31. b. Article IV, Section H, entitled "Athletics," shall read: I. Collier County Parks and Recreation Leagues ~~- -=-- - - Agenda Item No. 1604 Novennber16,2004 Page 5 of 21 Program Minimum registration fee per participant per league play $30.00 Naples $15.00Immokalee $30.00 Naples $ 5.00 Immokalee Adult Youth Alternately, leagues may be charged a combined sponsor and players' fee as follows: Men's Softball Women's Softball Church Leagues Men's 35+ $860.00 $540.00 $710.00 $760.00 Leagues will be charged light fees for practices, but not for scheduled league games. lmmokalee leagues will not be charged light fees for practices. 2. Collier County Parks and Recreation Co-sponsored Leagues Fees are applicable to Category I users only. League Type Fee per participant per league play $30.00 Naples $15.00Immokalee $1.00 Naples and lmmokalee per registered youth per week of league play Adult Youth (includes play-offs or all-star play) Leagues will be charged light fees for practices, but not for scheduled league games. 3. Clinics: Pro-rations: a. 65% of the fees to the group or individual(s) and 35% of the fees to the County for clinics conducted on any County facility. b. 70% of the fees to the group or individual(s) and 30% of the fees to the County for clinics conducted on any non- County facility. - _ _ c. Hourly rate for facility fund raising. ~ -=-~-~-=-~. c. Article IV, Section K, entitled "Collier County Fitness Centers," shall read: I. Golden Gate and Max Hasse Fitness Center memberships include use of all County Aquatic and Fitness Centers. Daily walk- in and membership fees are subject to 6% sales tax. Daily $ 7.00 Monthly $ 33.00 3 Month $ 90.00 Annual $250.00 Spouse or additional family member $140.00 (includes college students up to 25 years of age) Student $100.00 (ages 15-18) Agenda Item No. 16D4 Novernber16,2004 Page 6 of 21 2. Veterans and lmmokalee Fitness Center memberships do not include use of the Max Hasse and Golden Gate Fitness Centers. Daily walk-in and membership fees are subject to 6% sales tax. Daily $ 4.00 Monthly $ 20.00 3 Month $ 50.00 Annual $160.00 Spouse or additional family member $100.00 (includes college students up to 25 years of age) Student $ 75.00 (ages 15-18) 3. Baby-sitting Service (Naples) $3.00 per child per use $20.00 per I O-visit card d. Article IV, Section M, entitled "Collier County Summer Camps, After School Programs, and Ranger Camps," shall read: 1. Summer Camp 9-week session $549.00 I-week session $ 75.00 10 % discount on each additional child from the same household after the first. 2. After School Camps per week $25.00 Transportation cost per week is additional and will be based on the current transportation contract. 3. Holiday Camps ] -day camp Easter Camp (5 days) Christmas Camp (4 days) $15.00 $75.00 $60.00 4. Ranger Camps 2-week session I-week session $175.00 $ 90.00 ~~--- e. Article IV, Section N, entitled "Memorial Bench and Tree Donations," shall read: ~...=.:'~~- --~ I. Bench 2. Tree $2,000.00 $ 500.00 f. Article IV, Section 0, entitled "Golden Gate Community Center," shall read: I. Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Boulevard to Logan Boulevard to First Avenue SW East Boundary: canal 1 mile east of County Road 951 North Boundary: First Avenue SW over 951 Boulevard and White Boulevard to the canal located I mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara Boulevard ~~--- -;::-- - - Agenda Item No. 16D4 November 16, 2004 Page 7 of 21 Organizations in Classes I, II, III, or IV declaring themselves as District must show proof of at least 50% membership within the taxing district. 2. User Categories Class I: Charitable, Not-for-Profit organizations Class II: Not-for-Profit organizations Class III: Civic organizations Class IV: Commercial or For-Profit organizations and any other group or individual 3. Deposit Fees Auditorium All Other Rooms $200.00 $ 50.00 4. Rental Fees A. Rooms A, B, C, D within District No charge No charge No charge Category Class I Class II Class III Class IV (<1,500 sq ft) $1O.00/hour (1,501-3,000) $15.00/ hour (3,001+) $20.00/ hour outside District No charge approved by Board No charge $25.00/ hour $45.00/ hour $60.00/ hour B. Auditorium Category Class I & III C lass II Class IV within District No charge approved by Board $20.00/hr < 10 pm $40.00/hr 10 pm + outside District No charge approved by Board $60.00/hr < 10 pm $80.00/hr 10 pm + C. Wheels Amphitheater and Open Area Fees charged in accordance with the Sugden Regional Park Fee Policy for Use for Countywide Events. -:::_D. Gymnasium Category Class I Fund Raising Class II Fund Raising General Fee $30.00 per hour any size $20.00 added to rate above $60.00 per hour any size $20.00 added to rate above Classes III, IV will be required to pay sales tax. 5. Service and Sale of Alcoholic Beverages A. Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. ~;o__~-_~ Agenda Item No. 1604 November 16, 2004 Page 8 of 21 1. User categories Class 1 and Class II, as previously defined in 0 (2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than Five Hundred Thousand Dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure Five Hundred Thousand Dollars ($500,000) liability coverage shall be required. In the event of unusual or high exposure One Million Dollar ($1,000,000) liability shall be required. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. C. Rules and Regulations for Users Serving Alcoholic Beverages ~---- 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. . 2. The user is responsible to ascertain that p.no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to -com~ wi1!t_ Chapter562, Florida Statues. - --~ -="'~-~- =-~ 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8. The user must pay the cost of security provided by the Collier County Sheriffs Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. 2. A copy of the fee rules, as hereby amended and adopted, is attached. 3. This Resolution repeals Collier County Resolution 2002-313. 4. This revised policy shall be effective on the day following the adoption of this Resolution. This Resolution adopted this day of and majority vote in favor of passage. , 2004 after motion, second ATTEST DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: By: Robert Zachary Assistant County Attorney ~.--- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Agenda Item No. 16D4 Novennber16,2004 Page 9 of 21 ~:_",'-~..;;:.-- :---:.:;;.. Agenda Item No. 16D4 November 16, 2004 Page 10 of 21 COLLIER COUNTY PARKS AND RECREATION DEP ARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY I. PURPOSE The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. II. LIMITATIONS The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived. No non- government entity shall charge an admission fee to any out of doors event, including aquatic facilities. The Board of County Commissioners shall set fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring all citizens equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case-by-case basis if approved by the Director of Parks and Recreation for special promotional sales and advertisements. III. CLASSIFICATIONS A. Facility License Definitions and Uses 1. Outdoor Areas: Open space or land owned or leased by the Parks and Recreation Depl!rtment. Such outdoor areas shall include, but not Iimited_ to, sports fields, _'_~~ swim..ming~ pools and/orother park an( recreation land ~~~!l!4il1g o Golden Gate CommunitY Center. (As to Golden Gate Community Center, refer to Section 0, herein). Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. 2. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but are not restricted to, community center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section 0, herein). Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or Designee. Agenda Item No. 1604 Novennber16,2004 Page 11 of21 3. Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County. Such activities include, but are not restricted to, athletic, clinics, instructional, interpretative, seminars - preschool, youth, adult, senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. 4. Vehicle Parking Fees: Parking lots at Collier County beach parks and access. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Park, Clam Pass Park, Vanderbilt Beach, Gulfshore Access, and South Marco Beach Access. 5. Boat Launch Fees: Parking lots at Collier County owned and operated boat launch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxarnbas Park, and Collier Boulevard Boating Park. B. User Categories - Applicable to all indoor and outdoor areas Governmental entities are not subject to fees. All other facility users shall have their fees determined by the category of the entity. Note: All parks shall remain open to the public. The two categories are: 1. Category I - Federal Income Tax Exempt Entities, Registered Charities, Not-for-Profit Groups. a. Federal Income Tax Exempt Entities Groups, which are exempt from taxation under any subsection of Section 501 ( c ) of the internal revenue code. The following Civic Associations will not be subject to fees fof their one general membership meeting per month. East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association, and 2nd District Association. ~~--- -- .-- b. Specified Sales":"! ax Exempt Entities -~- Those entities which are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes such as a home for the aged, nursing horne, hospice, or as an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veteran's organization. c. Local Not-for-Profit Groups Entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not-for-profit entities that are of Collier County origin, have their principal location in Collier County, at least fifty per cent (50%) of the group's 2 Agenda Item No. 1604 November 16,2004 Page 12 of21 membership are residents of Collier County with a primary purpose to provide social services to others or to protect interests outside of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away from the personal interests of the group's members. d. Other Local Not-for-Profit Groups Those entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not-for-profit entities that are of Collier County origin, have their principal location in Collier County, at least fifty per cent (50%) of the group's membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented teams or clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members. e. Fund Raising Activities Each Category I individual, group, organization or entity involved in any fund raising activity must pay full fees as described in IV.B. Category II - User Fees. Fund raising activities include: 1. Charging in advance for an admission ticket or requiring any tangible thing of value for admission to, or to participate in, any activity at any County parks facility, or, 2. Requiring any donation of money or any other tangible thing of monetary value, or, 3. Selling .or bartering any tangible thing of monetary value. ~~--- - - - . Fundraising-1ictivities do not incriide: ~"----;--~-~ -~.- 1. Season sign up fees for persons to join league as a team member or team participant. 2. The sale of educational materials for use as study materials for students attending class conducted at the park facility. Such sales must be at or below the seller's actual costs. 3. Category II - All Others A. Each individual, group, organization or entity that is not within Category I. 3 Agenda Item No. 16D4 Novernber16,2004 Page 13 of 21 IV. FEE STRUCTURE - (All fees are exclusive of sales taxes). A. Category I User Fees 1. Facility Rates (excluding league play and special facilities; Le., swimming pool, etc.) Facility Type Rate Per Hour Indoor Room under 1,500 sq ft $10.00 Indoor Room 1,501 - 3,000 sq ft $15.00 Indoor Room 3,001 sq ft & over $20.00 Gymnasium $30.00 Small Pavilion $10.00 Large Pavilion $20.00 Sugden Amphitheater $30.00 Open Green Space (100 x 100) $10.00 Athletic Facilities for General Use $30.00 Athletic Facilities for Athletic Use $15.00 Lights $10.00 Sugden Regional Park for a Countywide Event $800 per day B. Category II User Fees 1. Facility Rates (excluding special facilities; i.e., swimming pool, etc.) Facilitv Tvne Indoor Room under 1,500 sq ft Indoor Room 1,501 - 3,000 sq ft Indoor Room 3,001 sq ft & over Gymnasium - . Small Pavilion Large Pavilion Sugden Amphitheater Sugden Green Space Open Green Space (100 x 100) Football/Soccer/So ftballlBaseballl Little League/Sports Pavilion/Roller Hockey Basketball/Racquetball/V olleyball/Tennis Courts Lights Sugden Regional Park for a Countywide Event -.--- Rate Per Hour Deposit $25.00 $45.00 $60.00 $60.00 $100.00 $10.00 $20.00 ~ $60.00 $60.00 $60.00 $20.00 $40.00 ~ $12.00 $10.00 $1,200 per day 2. Fund raising rates are $20.00 added to hourly rate above. C. Additional Fees: Categories I and II 4 Agenda Item No. 16D4 November 16, 2004 Page 14 of21 Service Rental during non-business hours (hours that are not normal de artmental 0 eration Additional non-security staff members Additional security staff members Additional Fee Per Hour $20.00 $15.00 per staff member $20.00 per hour fee determined b de artment, based on cost $10.00 er hour Per hour fee determined by department, based on cost D. Beach Parking Facilities Fees; Boat Launch Facilities Fees 1. Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Park, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $4.00 per day. Collier County residents with beach parking permits will be exempt from the $4.00 per day parking fee. Collier County residents may obtain a beach parking permit at no charge. Vehicles with permits will be exempt from daily parking fees. 2. Boat Launch Facilities Fees Boat launch facilities, including and not limited to, Caxambas Park, Cocohatchee River Park, Collier Boulevard Boat Park (951), and Bayview Park, shall have a launch fee, inclusive of sales tax, at a rate of $5.00. All residents and visitors may purchase boat- launch permits for an annual fee of $75.00. These permits are available at all Collier County Parks and Recreation Community Centers. Commercial permits for launch facilities may be acquired at the Golden Gate Administration Office for a cost of $100.00 plus the $5;00 fee per launch or $500.00 per commercial entity with no launch fee required A]~rffiits aregoodJrOI'~l January 1 to December 31.- E. Concession Fees 1. Concession BoothlLocation in Conjunction with Rental A $25.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3. Organizations operating concessions for leagues will be charged $5.00 per hour of operation. F. Marketing Fees - Reserved 5 Agenda Item No. 16D4 November 16, 2004 Page 15 of21 G. Instructional Fees (Contractual Instructors) 1. Programs Fee Assessment: per hour or per participant basis. 2. Non-Staff Instructor(s): Any costs for supplies and equipment will be subtracted from the class fee and the balance of the funds will be split between the non-staff instructor(s) and the County as follows: 65% to the non-staff instructor(s) and 35% to the County for all such instructional programs conducted on Collier County facilities. After subtraction, the pro-ration for instructional programs conducted on non-county facilities shall be 70% to the non-staffinstructor(s) and 30% to the County. H. Athletics 1. Collier County Parks and Recreation Leagues Program Adult Minimum registration fee per participant per league play $30.00 Naples $15.00 Immokalee $30.00 Naples $ 5.00 Immokalee Youth Alternately, leagues may be charged a combined sponsor and players' fee as follows: Men's Softball Women's Softball Church Leagues Men's 35+ $860.00 $540.00 $710.00 $760.00 Leagues will be charged light fees for practices, but not for scheduled league _games. Immokalee leagues will not be charged light fees for practices. ~eollier County Parks and Recreaif~eOnsored Leagues ~~~.-:- - "- ::.--- Fees are applicable to Category I users only. League Type Adult Fee per participant per league play $30.00 Naples $15.00Immokalee $1.00 Naples and Immokalee per registered youth per week of league play Youth (includes play-offs or all-star play) Leagues will be charged light fees for practices, but not for scheduled league games. 6 Agenda Item No. 1604 November 16, 2004 Page 16 of 21 3. Clinics: Pro-rations: a. 65% of the fees to the group or individual(s) and 35% of the fees to the County for clinics conducted on any County facility. b. 70% of the fees to the group or individual(s) and 30% of the fees to the County for clinics conducted on any non-County facility. c. Hourly rate for facility fund raising. I. Collier County Racquet Centers (Reserved): J. Collier County Aquatic Facilities - Naples and Immokalee - Everyone pays aquatic facility rates. 1. Entrance Fees (inclusive sales tax) Na les Immokalee Under 3 rs Youth Free Free Adult Senior $3.00 $1.50 2. Pass Fees (exclusive of sales tax) Type Youth Adult Senior Family Naples 3 month $40.00 $60.00 $40.00 $100.00 Immokalee 3 month $35.00 $55.00 $35.00 $ 90.00 Naples Annual $60.00 $80.00 $60.00 $225.00 Immokalee Annual $50.00 $75.00 $50.00 $210.00 No corporate discounts on pool passes. 3. Swimming Instructional Fees Nanles Immokalee Children's 1;'2 hour classes ~ -=$40.00 per particiRa.nt $10.00 per participant Children's 3;4 hour classes $45.00 per participant $15.00 per participant Adult % hour classes $45.00 per participant $15.00 per partic ipant Private Lessons $15.00 per 1;'2 hour 4. Pool Rentals Naples & Immokalee (exclusive of sales tax) Each pool includes one staff member. One pool Each additional hour Each additional pool Additional staff $50.00 first hour $35.00 per hour $35.00 per hour per pool $15.00 per hour per lifeguard 7 Agenda Item No. 16D4 November 16,2004 Page 17 of 21 Fee for non-Collier County public schools and colleges and universities during regular operating hours is $35.00 per hour. Collier County Public Schools are fee exempt; however, they are required to pay $15.00 per hour per lifeguard or instructor, ifnot during regular operating hours. K. Collier County Fitness Centers 1. Golden Gate and Max Hasse Fitness Center memberships include use of all County Aquatic and Fitness Centers. Daily walk-in and membership fees are subject to 6% sales tax. Daily $ 7.00 Monthly $ 33.00 3 Month $ 90.00 Annual $250.00 Spouse or additional family member $140.00 (includes college students up to 25 years of age) Student $100.00 (ages 15-18) 2. Veterans and Immokalee Fitness Center memberships do not include use of the Max Hasse and Golden Gate Fitness Centers. Daily walk-in and membership fees are subject to 6% sales tax. Daily $ 4.00 Monthly $ 20.00 3 Month $ 50.00 Annual $160.00 Spouse or additional family member $100.00 (includes college students up to 25 years of age) Student - $ 75.00 (ages--t-5-18) ___~_ 3. Baby-sitting Service (Naples) $3.00 per child per use $20.00 per 1 O-visit card L. Corporate Discount on Annual Passes Discount does not apply to additional family members. Discount is based on employee participation, as follows: Employees Discount 8 Agenda Item No. 1604 November 16, 2004 Page 18 of 21 5:""9 10 - 24 25 and above 10% 20% 40% M. Collier County Summer Camps, After School Programs, and Ranger Camps 1. Summer Camp 9-week session $549.00 I-week session $ 75.00 10 % discount on each additional child from the same household after the first. 2. After School Camps per week $25.00 Transportation cost per week is additional and will be based on the current transportation contract. 3. Holiday Camps I-day camp Easter Camp (5 days) Christmas Camp (4 days) $15.00 $75.00 $60.00 4. Ranger Cam ps 2-week session I-week session $175.00 $ 90.00 N. Memorial Bench and Tree Donations 1. $2,000 Bench 2. $ 500 Tree O. Golden Gate C091munity Center 1.-60tden Gate Taxing District~Boun~r~"""::.- __ West Boundary: Santa Barbara Boulevard to Logan Boulevard to First Avenue SW East Boundary: canal 1 mile east of County Road 951 North Boundary: First Avenue SW over 951 Boulevard and White Boulevard to the canal located I mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara Boulevard Organizations in Classes I, II, III, or IV declaring themselves as District must show proof of at least 50% membership within the taxing district. 2. User Categories 9 Agenda Item No. 1604 November 16, 2004 . Page 19 of 21 Class I: Charitable, Not-for-Prbfit organizations Class II: Not-for-Profit organizations Class III: Civic organizations Class IV: Commercial or For-Profit organizations and any other group or individual 3. Deposit Fees Auditorium All Other Rooms 4. Rental Fees $200.00 $ 50.00 A. Rooms A, B, C, D Category Class I Class II Class III Class IV (<1,500 sq ft) $1O.00Ihour (1,501-3,000) $15.00/ hour (3,001+) $20.00/ hour B. Auditorium Category Class I & III Class II Class IV vvithin I>istrict No charge No charge No charge vvithin District No charge approved by Board $20.00Ihr < 10 pm $40.00Ihr 10 pm +- . outside District No charge approved by Board No charge $25.00/ hour $45.001 hour $60.00/ hour outside District No charge approved by Board $60.00/hr < 10 pm $80.00/hr 10 pm + C. Wheels ~mphitheater and Open Area ------~- Fees charged in accordance with the Sugden RegtonaH:>ark Fee Policy fod::Jse for Countywide Events. D. Gymnasium Category C lass I Fund Raising Class II Fund Raising General Fee $30.00 per hour any size $20.00 added to rate above $60.00 per hour any size $20.00 added to rate above Classes III, IV will be required to pay sales tax. 10 Agenda Item No. 16D4 November 16, 2004 Page 20 of21 5. Service and Sale of Alcoholic Beverages A. Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. 1. User categories Class I and Class II, as previously defined in 0 (2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than Five Hundred Thousand Dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure Five Hundred Thousand Dollars ($500,000) liability coverage shall be required. In the event of unusual or high exposure One Million Dollar ($1,000,000) liability shall be required. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. C. Rules and Regulations for Users Serving Alcoholic Beverages 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be serv:.ed to any person under the age of21. 3. The user shall be responsible fortl!e behavior of any parties with the :user's group. _ u ____.,.::..:.- _ _~ 4. The user shall be responsible to assure tnat no a1coholiC beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to comply with Chapter 562, Florida Statues. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8. The user must pay the cost of security provided by the Collier County Sheriffs Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. 11 Agenda Item No. 1604 November 16, 2004 Page 21 of 21 Proposed Changes to the Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy November 2004 Service Existing Fee Proposed fees Increase Boat Launch Fees $3 $5 Increase Boat Launch Sticker $60/no daily $75/no daily launch Fee launch fee fee Increase Commercial Boat Launch $100 plus $3 per $100 plus $5 per Sticker Fee launch launch OR $500/no daily launch fee (user's option) Golden Gate and Max Hasse $5 $7 Fitness Daily GG and MH Fitness Monthly $30 $33 GG and MH Fitness 3-Month $80 $90 GG and MH Fitness Annual $240 $250 GG and MH Fitness Spouse or $120 $140 Add'l Family Member Veterans and Immokalee Fitness $80 $100 Spouse or Add'l Family Member Babvsittina $2 per child $3 per child Babvsittina Punch Pass $15 for 10 visits $20 for 10 visits Summer Camp 9-week session $540 $549 Partial Sessions $275 for 3 weeks $75 per week - Easter Camp _ $60 $75 Standardizes fee per no. of days Chrjstma~ Camp - $55 ~~- Standardizes fee per no. of days . ~ .. Immokalee Camps were discounted fees same as Naples 18 to 20 % area Wheels Amphitheater n/a in accordance with Sugden Fee Policy GGCC Class IV room fees within $6 per hour $10 per hour <1500sq MSTD ft $15 1501-3000 sq ft $20 3001 SQ ft + GGCC Class IV room fees outside $25 per hour $25 per hour <1500sq MSTD ft $45 1501-3000 sq ft i $603001 SQ ft + I Agenda Item No. 1605 . November 16, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to find that this is a valid public purpose and approve expenditures in an amount not to exceed $10,000 associated with hosting the site visitation committee as part of the National Accreditation process for the Parks and Recreation Department Obiective: To achieve National Accreditation for the Parks and Recreation Department. Considerations: On February 26,2002 the Board of County Commissioners approved applying for accreditation by the National Recreation and Parks Association (Item #16.D.3). In the years since, the Parks and Recreation Department has undergone the rigorous process of evaluating its operations and preparing an Agency Self-Assessment Report, which was recently submitted to the Commission for Accreditation of Park and Recreation Agencies. The next step of the accreditation process is a site visit by a committee of three (3) Parks professionals from around the country, who evaluate the Department's operations and verify information provided in the Report. The visit is scheduled for December 13th through 16th, 2004. The site visitation committee will report its findings to the Commission, which ultimately bestows the accredited designation. The Commission publishes a guide entitled Agency Accreditation Visitation Procedures. This publication explicitly states that the agency seeking accreditation is responsible for all expenses associated with the site visit. This includes transportation costs, accommodations, meals, and other expenses. Agencies who have completed the accreditation process recommend providing meals directly, not on a reimbursement or per diem basis. The guide suggests that the agency host an evening social; the guest list generally includes agency personnel, advisory board members, and elected officials. 02-_,.,;;;-_-:-_~. The accreditation process has given the Parks and Recreation Department the opportunity to measure itself against 156 national standards. Improvements, adjustments, and new systems have been implemented, and efficiency and account@ility have been improved. . ____~_ Once the Department is accredited, the public can be assured that it receives well--;:-~-=-. administered services in accord with approved professional practices. Accreditation also awards the potential for increased external funding and public and political recognition. Fiscal Impact: Necessary funds are available within the operating budgets of various Parks and Recreation cost centers within the MSTD General Fund (Ill). Growth Manaaement Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners finds that this is a valid pubic purpose and approves expenditures in an amount not to exceed $10,000 associated ~,~ Agenda Item No. 1605 November 16,2004 Page 2 of 3 with hosting the site visitation committee as part of the National Accreditation process for the Parks and Recreation Department. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation ---::=",--c_~___?- -~_.._.- Agenda Item No. 1605 Novennber16;2004 Page 3 of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 1605 Recommendation to find that this is a valid public purpose and approve expenditures in an amount not to exceed $10.000 associated with hosting the site visitation committee as part of the National Accreditation process for the Parks and Recreation Department. 11/16/20049:00:00 AM Item Number Item Summary Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 11/3/200410:57 AM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 11/3/2004 12:40 PM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 11/3/20041:58 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 11/3/20043:37 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/20044:32 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1113/2004 4:45 PM --:::-~-~---~ . -Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/20049:08 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/8/2004 1 : 28 PM Agenda Item No. 1606 Novemper16,2004 Page 1 of 50 EXECUTIVE SUMMARY Recommendation to approve the FY 05 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1,328,400. OBJECTIVE: To provide local funding to augment the level of public health services provided to the residents of Collier County. CONSIDERATIONS: Each year, the County enters into an agreement with the State of Florida Department of Health to provide funds and facilities for the provision of public health services. The attached represents the FY 05 contract effective October I, 2004 through September 30, 2005. ,...-. The agreement identifies the services that will be provided with the cost share between the State and the County. The total amount affected by County funding is $1,484,400. This year a portion of the County's contribution to the Health Department includes $156,000 provided by Federal funding through the Upper Payment Limit (UPL) program, and therefore reduces the cash contribution to $1,328,400. Also included in the County contribution is $259,200 for general operating and administrative costs paid on behalf of the Health Department for building maintenance, utilities, and insurance. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this item. FISCAL IMPACT: The contract includes a cash contribution of $1,069,200 and $25'9,200 for building maintenance, utilities, and insurance for a total contribution of $1,328,400. These funds are budgeted in the FY 05 General Fund (001) budget in the Public Health cost center. See attached budget and cash analysis. RECOMMENDATION: It is recommended that the Board authorize the Chairman to ~x~_the, annual contract with the State of Florida Department of Health fortl1e- operations of the Collier County Health Department. Prepared by: Joe Mezzatesta, Collier County Health Department ~- Agenda Item No. 1606 November 16, 2004 Page 2 of 50 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1606 Meeting Date Recommendation to approve the FY 05 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1 ,328,240. 11/16/20049:00:00 AM Prepared By Date Barry Williams Human Services Director 11/1/200410:50:15 AM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 11/1/200411:22 AM Approved By Maria Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 11/3/20042:50 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/20044:30 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11/4/20044:45 PM Approved By Michael Smykowski Management & Budget Director Date County Mana~r's Office_ Office of Management & Budget 11/5/20048:29 AM --=-~-~----~. Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/8/20049:41 AM Collier County Health Oepartment FY05 Core Contract Budget and Cash Analysis Agenda Item No. 1606 November16, 2004 Page 3 of 50 Total amount benefittina the Health Department $1,484,400 General and Administrative expense paid by county -$259,200 Cash provided to Health Department $1,225,200 Funded by County Funded by Federal Government (UPL program) $1,069,200 $156,000 $1,225,200 Summary of County Budaet for Health Department Cash from County G & A expense paid by County $1,069,200 $259,200 Total County Budget FY05 $1,328,400 Federal Government (UPL program) $156,000 Total amount benefitting the Health Department $1,484,400 ---:,,::=--,,7_~_ -_~ DepartmentJ Appropriations Bee Paid Operating Expenses Capital Public Health. Contribution Fundin~ Sources General Fund pennanent PositioN Full Time Part Time Total Positions Agenda Item No. 16D6 Novernber16,2004 . Page 4 of 50 Public Services Division Departmental Summary - Public H.ealth Department FY 02/03 FY 03/04 FY 03/04 FY 04/05 FY 04105 FY 04/05 % Actual Adopted Forecast Current Expanded Total Budget Exp/Rev Budget ExplRev Service Service Bu~et Change 195,407 239,100 395,500 241,200 0 241,200 0.9% 0 39,000 31,500 18,000 0 18,000 -53.8% 1,106, HlO 1,184,100 930,100 1,018,500 50,700 1,069,200 -9.7% - -- 1,301,507 1,462,200 1,357,100 1,277,700 50,700 1,328,400 -9.2% 1,301,507 1,462,200 1,357,100 1,277,700 50,700 1,328,400 -9.2% -- 1,301,507 1,462,200 1,357,100 1,271,700 50,700 1,328,400 -9.2% 0,0 0.0 0.0 0,0 0.0 0.0 N/A 0.0 0.0 0.0 0.0 0.0 0,0 N/A 0.0 0.0 0.0 0.0 0.0 0.0 N/A -::=-~-;;'c_"";;;'-_-_""?- H-65 I ~':d Public Health Department General Fund (001) Agenda Item No. 16D6 Novennber16,2004 - Page 5 of 50 Mission Statement: Protect and promote good health for an in Collier County within a partnership betwcen State of Florida Department of Health and Collier County Board of County Commissioners, Total UPL County Pr01lraJN: PliorUvFTE's FY OS COit Contribution Net Cq~ General Qperatiruz &. Administrative Costs Base Level: Connmmicable Disease Control: Programs funded by County: Immunizatinn Sexually Transmitted Diseases AIDS Tuberculosis Communicable Disease Public Health Preparedness and Response Programs not funded by County Subtotal Personal H~alth (Prima~: Programs funded by County: Child Health 9 Healthy Start Prenatal (FOWld. for Women's Health) 8 School Health 10 Adult Health 12 Dental 11 Programs not funded by County Subtotal Environmental Health &. El1gineerin~: Water Quality Testing Program 13 Onsite Sewage Treatment and Disposal Program 7 Arbovirus Sentinel Surveillance Program 14 Programs not funded b~e C~nty Subtotal . ~ ~-,"-~- --=- 0.0 $259,200 $0 $259,200 I 12.5 $221,100 $32,900 $188,200 4 8.0 552,800 $0 $52,800 5 14.0 $14,000 $2,100 $11,900 3 10.0 $74,500 $11,100 $63,400 2 5.0 $118,400 $17,600 $ t 00,800 6 6.0 $35,000 SO $35,000 5.5 $0 SO $0 61.0 $515,800 $63,700 $452,100 15 5.0 $75,500 $11,200 564,300 0,0 $300,000 $44,700 $255,300 7,0 $71,500 $10,600 560,900 3.0 $64,400 $9,600 $54,800 10.0 S109, 100 $16,200 $92,900 59.0 $0 SO SO 83.0 $620,500 $92,300 $528,200 1.5 $6,700 $0 $6,700 8.0 $6,800 $0 $6,800 1.0 $24,700 SO $24,700 16.5 $0 $0 $0 27.0 $38,200 $0 $38,200 171.0 51,433,700 Sl!56,OOO $1,277,700 1.0 550,700 $0 $50,700 171.0 $1,484,400 $156.000 $1,328,400 Subtotal General Revenue Funding Em.oded Serviees; Tobacco & Cardiovascular Health Educator Grand Total Performance MeAlures Actual FY 03 Forecast FY 04 Budget FY 05 Immunizations to children, birth to 18, and flu vaccine given to adults 36,516 41,000 42,000 % of Children in childcare centers, birth to 36 months, with up-to-date immunizations 91.5% 94.00A 94.0% Total number of vision, bearing, scoliosis and growth & development screens performed 37,500 40,600 43,000 % completed referrals for positive vision and scoliosis screens 90.0% 80,0% 80.0% H-66 Agenda Item No. 1606 November16,2004 Public Health Department (Cont.) Page 6 -of 50 General Fund (OOl) FY 02103 FY 03104 FY 03104 FY 04/()S FY 04105 FY O4IOS % Actual Adopted Forecast Olm:nt Expanded TOllll Budget Appropriation Unit ExpIRcv ~et Exp!Rev Servico Service Budget Qumge .BCC Paid Oper. Exp, 195,407 239,100 395,500 241,200 0 241,200 0.9"10 Capital Outlay 0 39,000 31,500 18,000 0 18,000 -53.8"10 Contnbutions 1,106,100 1,184,100 930,100 1,018,500 SO,700 1,069.200 -9.7"~ Rcmit-<Xher Gov't 0 0 0 0 0 0 NJA Total Appropriations 1,301,507 1,462,200 1.357,100 1,277,700 50,700 1,328,400 -9.2% Less: Revenues 0 0 0 0 0 0 N/A Net Cost Gen. Rev 1,301,507 1,462,200 1,357,100 1,277,700 50,700 1,328,400 -9.2% Forecast FY 03/04 - The forecast operating expenses are more than budgeted due to a payment of $160,300 for emergency spraying for mosquitoes in the eastern portion of the County, The Board of County Conunissioner authorized a total of $183,900 in the summer of2003 to pay for spraying outside of the (',ollier Mosquito Control District due to concerns over the spread of the West Nile virus. The County's contribution to the Health Department is less than budgeted due to the County.s participation in the UPL (Upper Payment Limit) program. The remaining $254,000 will be funded by the State with Federal pass-through dollars through the UPL program. Cl1lTent FY 04/05 - The County's contribution to the Health Department is decreasing due to the County's participation in the UPL program and elimination of the well testing program in Golde!l Gate. The Health Department will receive a total contribution of $1,174,500 with the County coAA'ibuting$1,018,500 aud the State contributing $156,000 of Federal pass- through funding through the UPL program. . The $18,000 in capital outlay is budgeted to replace a half-ton regular cab pickup trock (4X2). Expanded FY 04/05 -.. There is $50,700 requested fur a health educator position to run the youth tobacco control program. This program includes SWAT clubs in local middle and high schools, the Tobacco Free Partnership, and Juvenile Justice Tobacco Cessation program. This person will also educate youth and adults on cardiovascular disease and obesity prevention. ~_-'o'-~~'::::'_~. H-67 Public Health Department (Cont.) General Fund (001) Agenda Item No; 1606 November 16, 2004 . Page 7 of 50 , The table below shows a comparative summary of the current service funding sources for the Collier County Health Departtnent's programs: C;9;e~untv Pub"&: Health DeDartment Pronarm u rv of Current Senic:e Fundinlr SourceI County State Fees and General Revenue General Revenue Other Revenue ~ ~ ~ IQ.ml $259,200 $0 $0 $259,200 $452,100 $2,285,000 $1,440,700 $4,177,800 $528,200 $3,101,500 $1,543,300 $5,173,000 $38,200 $343,300 $1,034,600 $1,416,100 - $1,277,700 $5,7:19,800 54,018,600 Sl1,026.HlO proaraIn General Operations Communicable Disease Control Personal Health (Primary Care) Environmental Health and Engineering Total Note: The County's General Fund contribution of$1,277,7oo is 11.6% of tho total funding in FY 05 compared to 51,462,200 or 14.9% in FY 04. -:::':'_-="-~-~ =-~ H-68 Agenda Item No. 1606 Novennber16,2004 ~ief Pa ge 8 of 50 ~ t c.......c_..H..._.~ r"tIt;"*'-"'O""~, COLLIER COUNTY HEALTH DEPARDIBNT DATE: TO: INTEROFFICE MEMORANDUM October 20. 2004 FROM: Barry Williams, Director Social Services Joe Mezzatesta. Business Manager~. Core Contract FY 2004-2001 () \ SUBJECT: ACTION REQUIRED: Obtain required signatures DUE DATE: Open Attached plesse find four copies of the core contract between Collier County Board of County Commissioners and the State of Florida Department of Health for operation of The Collier County Health Department for contract year 2004..2005 which was approved by the county attorney as to form and legal sufficiency. Please submit to the Board of Commissioners for signature and approval. Once approved, please return to us for final sign~r:-s. As always, if you have questions, or concems, please do not hesitate to call. lsee Attachments (4) --=-=~--,..;;--- -- ~ .' Agenda Item No. 16D6 I November 16, 2004 Page 9 of 50 CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2004-2005 . This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the Collier County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2004. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health. Department ("CHon) is one of the County Health Departments created throughout FlOrida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated b~rei~y reference. - 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2004, through September 30, 2005, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. - --=-~~~~---~ 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local Agenda Item No. 16D6 November 16,2004 Page 10 of 50 funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal. swimming pools, group care facilities, migrant labor camps. toxic material control, radiological health. occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and' eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal. state. and local funds and shall include those services mandated ona state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS. immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child. health services; family planning; nutrition; school health; supplemental food assistan~ for women, infants, and children; home health; and dental services. : 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment 1\ hereof. This funding will be used as shown in Part I of Attachment 1\, - ~----- :r--- ~ - i. The State's appropriated respon_sibility (direct contribution excluding any state fees. Medicaid contributions Of_any other-funds~not-..~..g[l=_t/}P Schedule C) as provided in Attachment II, Part \I is an amount not to exceed $ 5,534.219 (State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fHS, other cash or local contributions) as provided in Attachment II, Part \I is an amount not to exceed $1,225,200 (amount listed und6r the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust fundS) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. 2 Agenda Item No. 1606 I November16,2004 Page 11 of 50 c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. Fees are listed in Attachment II Part II of this contract and in the Environmental Health Fee Schedule that is provided by the Environmental Health Program Office. The estimated annual environmental health fee revenues accruing to the County Health Department Trust Fund are listed on Attachment VI. . d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. ..--- - e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail, Bldg H Naples, FL34112 5. CHD DIRECTOR/ADMINISTRATOR. aoth parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day~to-day direction of the Deputy State Health Officer. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall insure that non-categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard quality assurance .County Health ProfileM report located on the Office of Planning. Evalu~tion & Daf!l An8Jysis Int'!!!l!--lf~~l:.- 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System/Health Management Component compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or 3 Agenda Item No. 16D6 November16,2004 Page 12 of 50 services. In such cases, the CHD director/administrator must sign a justification therefore, and all county-purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GAS B) , and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). N. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Departme~t of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. - ~ _-"~o..:-~__~_,,... ~~- d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each, Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. 4 Agenda Item No. 1606 Novennber16,2004 Page 13 of 50 However, in each s'uch case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out.the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMS Circular A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy.of that plan and monthly status reports will be furnished to the contract managers for th~ parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. - ~~- j. The CHD shall retain all client records, financial records, supporting documents. statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of th~ audit findings. -.-;: ~--"--~-------"?- k. "--The CHD shall maintain Confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD. except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. 5 Agenda Item No. 16D6 Novennber16,2004 Page 14 of 50 m. The CHO shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHO will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement.' n. The CHD shall comply with the provisions contained in the Civil Rights Certificate. hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The OE385L 1 Contract Management Variance Report and the DE560L 1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE365L 1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the cumulative amount of the variance between actual and planned expenditures does not exceed three percent of the cumulative expenditures for the level of service in which the type .of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health I Bureau of Budget Management. . ~~-- -:::---..o.';:~_=_-?- ., 6 Agenda Item No, 1606 I November16,2004 Page 15 of 50 p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1. 2005 for the report period October 1, 2004 through December 31,2004: ii. June 1, 2005 for the report period October 1, 2004 through March 31, 2005; iii. September 1, 2005 for the report period October 1, 2004 through June 30,2005; and iv. December 1. 2005 for the report period October 1 . 2004 through September 30,2005. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance. coverage for County- owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownerShip of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. ~~-- ~8. --TERMINAtiON. -= ----::=----=--~- --~ - - - - .- a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an 7 Agenda Item No. 16D6 November 16. 2004 Page 16 of 50 obligation hereunder. Said notice shall. be delivered by certified mail, return receipt requested. or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, perfonnance or payment hereunder, extends beyond the fiscal year beginning July 1. 2005, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Modification. This Agreement and its Attachments contain all of the terms and conditions agreed upon between the parties. Modifications of this Agreement shall be enforceable only when reduced to writing and signed by all parties. c. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: . For the State: For the County: Joan M. Colfer. M.D., M.P.H. Marla Olsvia Ramsey Name Name Director. Collier County Health Deoartment Interim Public Services Administrator. Title Title 3301 E. Tamiami Trail, Bldg. H 3301 E Tamiami Traill.. Bldg H -;:::::--- - Naoles, Florida 34112 Address - ~~-~:: .-=---;:;.-. Naoles. Florida 34112 Addle;S.' - (239) 774-8201 Telephone (239) 774-8383 Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. d. Caotions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify. amplify, or give additional notice of the provisions hereof. 8 Agenda Item No. 16D6 I Novernber16,2004 Page 17 of 50 In WITNESS THEREOF I the parties hereto have caused this 47 page agreement to be executed by their undersigned officials as duly authorized effective the 151 day of October. 2004. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY STATE OF FLORIDA , DEPARTMENT OF HEALTH SIGNED BY: NAME: TITLE: DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: DATE: SIGNED BY: NAME: John o. Aawunobi. M.D., M.B.A., M.P.H. TITLE: Secretary DATE: SIGNED BY: NAME: Joan M. Colfer, M.D.. M.P.H. TITLE: CHD Director/Administrator DATE: - ~~- -:?.;.=-~-- =-?- . Appl'~ed.JI.a.*,~& 1ep1 ~ -..-.? 2: ...-----, , ,1'- ~.~..L- " AssiItant tJ Att.omer 9 Agenda Item No. 1606 Novernber16,2004 Page 18 of 50 ATTACHMENT I COLLIER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21') and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services. it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: 1. Service Sexually Transmitted Oisease Program Reauirement 2, Dental Health Requirements as specified in FAC 640-3 and F.S. 384 and the CHD Guidebook Internal Operating Policy STO 6 and 7. Monthly reporting on DH Form 1008*, 3, Special Supplemental Nutrition Program for Women, Infants and Children. Service documentation and monthly financial reports as specified in OHM 150-24* and all federal. state and county requirements detailed in program manuals and published procedures. 4. Healthy Start! Improved Pregnancy Outcome Requirements as specified in the Healthy Start Standards and Gu idelines 1998 and as specified by the Health Start Coalitions in contract with each county health department 5. Family Planning Periodic financial and programmatic reports as specified by the program office and in the CHO Guidebook, Internal Operating Policy FAMPLAN 14* ~~- Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases. vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immuniza!ion and Immunization Module quarterly quality 8_uditumd dpp!iCate.:: = . data reports. - . --~-.......'- <~ 6. Immunization -- - ~ 7. Chronic Disease Program Requirements as specified in the Community Intervention Program (CIP) and the CHO Guidebook. 9, HIV/AIDS Program Requirements as specified in OHP SQ..4* and 50-21 * Requirements as specified in Florida Statue 384,25 and 640-3.016 and 3.017 F.A.C. and the CHO Guidebook. Case reporting on COC Forms 50,42B (Adult! Adolescent) and 50.42A (Pediatric). Socia-demographic data on persons tested for HIV in CHD clinics should be reported on Lab Request Form 1628 or Post-Test Counseling Form 1633, These reports are to be sent to the Headquarters HIV/AIOS office within 5 days of the Initial post-test counseling appointment or within 90 days of the missed post-test counseling appointment. 8. Environmental Health 10 Agenda Item No. 1606 November 16, 2004 Page 19 of 50 ATTACHMENT I (Continued) 10, School Health Services HRSM 150-25", including the requirement for an annual plan as a condition for funding, "or the subsequent replacement if adopted during the contract period. ~~- ~-=-~___ ----;:or-_" 11 Agenda Item No. 1606 November 16, 2004 Page 20 of 50 l!! !l! lR m ~ In fi t co ..... ., i ~ Ii .,; ~ .!I! .a ~ ,... t:ll - - 1:i I: I- .... ... Cl ~ e 'g ~ I'll .,; ! i: c Iii c en <1l w Q, ~ C) III ~ ~:J :G '0 Cu, € i: i! 5-;;0 J:: ~ 0 u2", 8 ~ 0 g t ~ Z iI-a! ~ ::l woB ~ ~ ...: It'l u, BOj It'l Cll <<i t; ,... .~ '0 ~ ::l .%l'O~ '" t:ll ~ '" .E w i: ]i ~ I- III III Z 5- I: W 8 ~ :It '3 t I- m ~ g- w ex: = 0 ~ t51~ 5 ~ ffi ~ w I!! 0 tlu, :::l 01 ~ 1.0 "" I: 2 ~ E ~ :z: :t: en2:a ... 81 ~ ~ .E! C) ~ il-S It) ~ ~ ~ Cio co i ..: J: -.e 0 i i .0 .0 E C ~~ ,... ,... 4( ::l i: .... co .~ '0 0 aio~ C u z .. CII o :J ::l .5 ~ -0 -<< 0 8 .l!I III W l,!! ! :J u c '[ ..J 1.1. .!!! 8 c 8 0 III Q, ==~ .Q. g W =-- - - l!,,-e . ~.,..~.- (I) - g ::l I'll '" III 'CI g ~i 0 c: III W ~ I!! z ~~ ~ .... 0 CIl ii i ~ :J C l!,g 0. ~ !~ 'g.n g- ~ ...: ~~ Iii I iA I- ex: I: . ~. ::I ~ 8 ~ 8~ ~~ E ~~ .., 5: 13 c: ....jj ~j 'g I .!!! .- j EIIl III :l i ~t -e <'II ili- a! cJ! <'II .... I!! < :J ~ >-- 84 N i! lillll .... QI co ~l :g S(I) '" '" 'ff cg E i ~CII w cS Ii j 1.1.. I!! ~8 0.- -g I~ e N :::I '0 o CIl :J 0. 'I: 1.1. SN I ii ~ III l Ii ex:...: :I:! -.e u'" 8'- c. .ell I- ~jj c:~ ~ ~ i:c 0 !.~ !8 ii lJ!lii :t: 08 I 1 ",:E u (1)0 :s I'll N l':i .. (I) 0. e 12 1. GENERAL REVENUE. STATE 015011 ALOICONTRIBtmON TO CHDS-PRIMARY CARE 27..361 0 27.361 0 27.361 01501 J ALGIPRIMARY CARE 354.068 0 354,068 0 354,068 Ol50lJ PRIMAR Y CARE SPF.cJAI. PROJECT 0 0 0 0 0 015048 AI.GICONTR TO CHos-sm PROGRAM 0 0 0 0 0 015050 ALG/CESSPOOL IDENllFlCATION AND ELIMINATION 0 0 0 0 0 015050 ALO/CONTR TO CHDS 2,029,269 0 2,029,269 0 2,029.269 015050 ALOICONTR TO CHDS-MIGRANT LABOR CAMP SANrrA 110N 51,170 0 51,170 0 5J,I70 015050 Al.GICONTR. TO CHDS-DENTAL PROORAM 0 0 0 0 0 015050 Al..G/CONTIt TO CHDS-lMMUNlZA11ON OUTREACH TEAMS 25,580 0 25,580 0 25.580 015050 ALGICONTR TO CHOS-INDOOR AIR ASSIST PROG 0 0 0 0 0 015050 ALOICONTR. TO CMDS-SOVEREIGN IMMUNlTY 0 0 0 0 0 015050 CITIZENS AGAINST TOXIC EXPOSURE (CA TE) 0 0 0 0 0 015050 COMMUNITY TB PROGRAM ]26,332 0 126.332 0 126.332 015050 CONTR TO CHDS - DUVAL TEEN PREGNANCY PREVENTION 0 0 0 0 0 015050 HEALTH PROMOTION & fDVCA nON INmA TIVES 0 0 0 0 0 015050 HEALTHY BEACHES MONITORING 24.098 0 24,098 0 24,098 015050 LA I.IGA CONTRA EL CANCER 0 0 0 0 0 015050 METRO ORLANDO URBAN LEAGUE TEENAGE PREG PREV 0 0 0 0 0 015050 RED LEGISLATION - GAP GRANT (CAT 0>0310) 110,000 0 110.000 0 110,000 015050 SPECIAL NEEDS SHELTER PROGRAM 20,250 0 20.250 0 20,2~0 015065 ALGICONTR TO CHDS-AIDS PATIENT CARE 100,000 0 100.000 0 100,000 015065 ALGICONTR TO CHDS-AIDS PREV & SURV & FIELD STAFF 100,075 0 lOO,D75 0 100,075 015115 VOl.UNTEER SCHOOL HEAl.TH NURSE GRANT 0 0 0 0 0 015123 ALGIFAMILY PLANNING 48,602 0 48.602 0 48.602 015124 ALGIIPO. OUTREACH SOCIAL WORKERS CAT. 050707 0 0 0 0 0 015124 Al.GtlPO HEALTHY START (} 0 0 0 0 015124 ALGtlPO HEALTHY START/lPO CAT 050707 0 0 0 0 0 015124 ALGllPO-INFANT MORTAUTY PROJECT CAT 050707 0 0 0 0 0 015124 ALGIMCH HEALTHY ST ARTIIPO CAT 050870 0 0 0 0 () 015124 AI..GlMCH-INF ANT MORTALITY c:PROJR-LCAT. 050870 0 0 0 G- o AWlMCH.QlJTREACH,SOCIAkWORKERS i:.?- T 05087(1 0 - -._:;;:--:-il-_ =_"?'- 015124 ---0 0 o . -- . 015137 ALGICONTR. TO CHDS-MeH HEALTH. FIELD STAFf COST 0 0 0 0 0 015137 HEALTHY START. DATA COLLECTION PROJECT STAFF 0 0 0 0 0 015140 ALG/SCHOOL HEAL THlSUPPLEMENT AL 0 0 0 0 0 GENERALRE\~NUETOTAL 3,016,805 0 3.016,805 0 3,016,805 2. NON GENERAL REVENUE - STATE 011008 RAPID AIDS TESTING - JAIL INMATES 2003 0 0 0 0 0 015010 ALGICONTR TO CHDS-REBASING TOBACCO TF 33,298 0 33,298 0 33.298 015010 ENHANCED DENT AL SERVICES TOBACCO TF 0 () () () () 015010 FL HEPATITIS & IlVER FAILlJRE PREVENTION/CONTROL 186,012 () 186.012 0 186,012 015010 ONSITE SEWAGE SPECIAL PROJEL"T-ATF 0 () 0 0 0 015010 PACE EH 0 0 0 0 () 015010 SUPER ACT PROGRAM ADM TF 0 0 0 0 0 015020 FOOD AND WATERBORNE DISEASE PROGRAM Al)M IT () () 0 0 0 015026 ALG/CONTR. TO CHDS-BIOMEDICAL W ASTFJDEP ADM TF 15.543 0 15.543 0 15543 () 15072 ALGICONTR. TO CHDS.SAFE DRINKING WATER PRG/DE? ADM 0 () () () 0 015084 VARICELLA IMMUNlZA TION REQUIREMENT TOBACCO TF 13.691 0 \3,691 0 13.691 13 2. NON GENERAL REVENUE - STATE 015172 FULL SERVICE SCHOOLS. TOBACCO TF 114.545 0 114,545 0 114,545 015174 BASIC SCHOOL HEAL TII . TOBACCO TF 136,680 0 136.680 0 136.680 NON GENERAL REVENUE TOTAL 499.769 0 499.769 0 499.769 3. FEDERAL FUNDS-SmR 007000 ARTIIRmS SELF.HELP COURSE 0 0 0 0 0 007000 CHlI.DHOOD LEAD POISONING PREVENTION 0 0 0 0 0 007000 COMPREHENSIVE CARDIOV ASClJLAR PROORAM 0 0 0 0 0 007000 FEDERAL COASTAL BEACH MONITORING PROORAM 21,961 0 21,961 0 21,961 007000 fEDERAL lNDIRa'TS 20,000 0 20,000 0 20,000 007000 ADDITION WIC REVENUE 50.000 0 50,000 0 50,000 007030 PHBGIMIGRANT LABOR CAMP SANnA TION 35.773 0 35,773 0 35,773 007049 STD PROORAM.{;SPS 0 0 0 0 0 007049 STD PROGRAM.cSPS-2005 0 0 0 0 0 007049 STD PROORAM.lNFERm.rrv PROJECT 5,624 0 5,624 0 5.624 007049 STD PROGRAM.MED & LAB SVCS TRNO CNTR 0 0 0 0 0 007049 srD PROGRAM.SYPHILlS EUMINA nON PROJECT 0 0 0 0 0 007049 STDIHIV PREVENnON TRAINING CENTER 0 0 0 0 0 -- 007051 FOTFIWlC ADMlNISTRA nON 967,657 0 967.657 0 967,657 007056 HEALTH PROGRAM FOR REFUGEES 51.506 0 51,506 0 51,506 007056 REFUGEE HEALTH 18 T AROETED TESTING 0 0 0 0 0 007063 PHBGICOMPREHENS1VE COMM CARDIO HI.. TII PROM 140,000 0 140.000 0 140,000 007064 AIDS SEROPREV ALENCE 0 0 0 0 0 007064 EV AI. INTEO HIV/AIDS SURV SYST PERFORMANCE 0 0 0 0 0 007064 FGrr/AIDS SURVEILLANCE 0 0 0 0 0 007065 AIDS PREVENTION 141,472 0 141.472 0 141,472 007066 FGTFIRY AN wJ..Im 0 0 0 0 () 007066 POTl'lR V AN WHITE. EMERGING COMMUNITlES 0 0 0 0 0 007066 POTFIRY AN WHITE.AIDS DRUG ASSIST PROG.ADMIN 67,951 0 67.951 0 67,951 007066- FGTPIRY AN Wl:i1TE-CONSORTlA .. .1) 0 0 0 0 ~---.- 007067 TUBERCULOSIS CONTROL. FEDERAl. GRANT - ~ 52,d92 . - .:::0. 52,692 0 --52.692 007068 FGTF/AlDS iNMATE INTERVENTION 0 0 0 0 0 007077 BIOTERR SURVEiLlANCE &. EPIDEMIOLOGY 61. 734 0 61.734 0 61,734 007077 BIOTERRORlSM . HOSPITAL PREPAREDNESS 2004..05 0 0 0 0 0 007077 BIOTF.RRORISM NETWORK COMMlJNICA nONS 16,208 0 16.203 0 16,208 007077 BIOTERRORlSM PLANNING &. READINESS 66,512 0 66,512 0 66,512 007077 PUB HI. m PREP.EDUCA nON &. TRAINING 0 0 0 0 0 007084 FOTFIlMMUNlZA nON ACTION PLAN 20,206 0 20.206 0 20.206 007084 FGTFIIMMUNlZAnON.PROJECT FIELD STAFF 0 0 0 0 0 007084 FGTFIlMMUNI1.A TION.W1C LINKAGES 0 0 0 0 0 007034 IMMUNJZATION AcnON P1.AN 2004-2005 19,196 0 19,196 0 19.196 007084 IMMUNIZATION FIELD STAFF 2004 0 0 0 0 0 007084 IMMUNlZATlON PROJECT - VFC 0 0 0 0 0 007084 IMMUNIZATION SPECIAL PROJECT 12,368 0 12.368 0 12,368 007084 IMMUN1ZA nON SUPPLEMENTAL. 2004 21,%1 0 21,961 0 21,961 - 007084 IMMUNIZA nON SUPPORT GRANT - 2005 20,863 0 0 20.863 20.863 007085 FGTFIBREAST &. CERVICAL CANCER.ADMIN/CASE MAN 0 0 0 I) 0 007127 MCH BGTF.MCHlCHILD HEAL.TH 11,251 0 11,251 0 11.251 14 3. FEDERAL FUNDS. Smu 007132 MCH BGTF.MCHIDENT AL PROJECTS 0 0 0 0 0 007133 FGTFIF AMIL Y PLANNING TITLE X SPECIAL INITIA llVES 52.803 {} 52,803 0 52.S03 007133 FGTFIF AMIL Y PLANNING- mLE X 81,531 0 8l.S31 0 81,531 007134 MCH BGTF-GADSOEN SCHOOL CLINIC 0 0 0 0 0 007134 MCH BGTF-HEALTHY START (PO 0 0 0 0 0 007134 MeH BGTF-INFANT MORTAl,ITY PROJECT 0 0 0 0 0 007134 MCH BGTF-OVfREACH SOCiAl. WORKERS 0 0 0 0 0 007135 FGTF/ABS'I1NENCE EDUCA nON PROGRAM 0 0 0 0 0 015009 Transfer of Federal Funds Within Agency () 0 0 0 0 015021 MEDlPASS WAlVER-HLTHY STRT CUENT SERVICES () 0 0 0 0 015021 MEDIPASS W AlYER-SaBRA 0 0 0 0 () 015060 Entrant Rcimbun:ment Tnmsfer 0 0 () 0 () OlS07S FUlL SERVICE SCHOOLS- T ANf 13,376 0 13,376 0 13,376 015075 SCHOOL HEAL TH.SUPPLEMENT -T ANF 0 0 0 0 0 015075 1TfLEXXIJSCHOOL HEALntlSUPPLEMEN"f AL 0 0 () 0 0 015075 Rcf~ Screening Reimbursement 65.000 0 65,000 0 65,000 015075 Sumll1l:T Feeding Sites 0 0 0 0 0 FEDERAL FUNDS TOTAL 2.017.645 0 2.017,645 0 2.017,645 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001092 Environmental Health Fees 326,050 0 326,050 0 326,050 001092 OSOS Repair Pennit () 0 0 () 0 001092 OSOS Permit Fee () 0 () 0 0 001092 ( & M Zoned Operating Penuit 0 0 0 0 () 001092 Aerobic Operating Permit 0 0 0 0 0 001092 Septic TlIIIk Site Evaluation 0 () () (I 0 -0011 JJ Mobile Home and Parks 16.500 0 16,500 0 16.500 001132 Food Hygiene ('ermit 21.400 0 21,400 0 21,400 001135 OSDS Variance Fee 0 0 0 0 0 001139 M.!grant Housing Permit ~-~- 20.000 0 20,000 0 20.0<l!) - 001140 Bioh81.lll"d WaslC Permit -to.780 :C- O 10.180 - 0 10,7&0 001142 Non SOW A Lab Sample 1,300 0 1,300 0 ].300 001144 Tanning Facilities 3,800 0 3,800 {) 3.800 001145 Swimming Pools 202.500 0 202.500 {) 202,500 001149 Body Piercing 300 0 300 0 300 001165 Private Water ConSlr Permit 300 0 300 0 300 001166 Public Water Annual Oper Penuit 5,000 0 5.000 0 5,000 001166 Public Water ConSlr Pennit 0 0 0 0 0 001166 Non-SDW A System Permit 0 0 () {) 0 001170 Lab Fee Chemical Analysis 0 0 (} 0 0 001196 Water Analysis-Potable 0 0 0 0 0 001197 NOIlpotabie Water Analysis 0 0 0 0 (} 00121] Safe Drinking Water 0 0 0 0 0 010403 Fecs-Copy of Public {)oc 0 0 0 0 0 015052 Transfcrs-Mobile fJomclRV Park 0 {) 0 0 0 010303 MQA Inspection Fc:e 0 0 0 {) {) FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 607.930 0 607,930 0 607.930 15 5. OTHER CASH CONTRIBUTIONS - STATE 010304 Stationary Pollutant Storap Tanks 0 0 0 0 0 015029 Tranfetslntra ~ 0 0 () 0 0 015121 Super Act Reimbursements 4,800 0 4,800 0 4.800 015139 Well Surveillance Reimbursement. Pesticide 0 0 0 0 0 09000 1 Draw down from Public Health Unit 234,199 0 234.199 0 234.199 OTHER CASH CONTRIBUTIONS TOTAL 238,999 0 238.999 0 238.999 6. MEDICAID - STATE/COUNTY 001056 CHD Incm:Medieaid.PhmnICY 386,340 553,660 940,000 0 940,000 001076 Medicatd-TB 0 0 .0 0 0 001078 Medicaid-Administration V",cine 0 0 1) 0 0 00 I 019 Medicaid..c1l$C Management (I 0 0 0 0 00 I 080 enD Incm:Medicaid-Other 20.047 28,728 48,775 0 48,775 001081 COO Incm:Medieaid..child Healllt Checkup 0 0 0. 0 () 001082 CHD Incm:Medicaid-Dental 218,192 312,689 530.8&1 0 530,881 001083 CHD Incm:Mcdicaid.FP 0 0 0 0 0 001085 CHD Incm:Medicaid.Nursing 0 0 0 0 0 001087 CHO Incm:Medicaid.STO 164 236 400 0 400 001089 Medicaid AIDS 20,838 29.862 50,700 0 50.700 001147 Medicaid HMO Rate 0 0 0 0 {) 001191 CHO Incm:Medicaid Maternity 0 0 0 0 0 001192 CHO Incm:Medicaid Compo Child 0 0 0 0 0 001193 CHD Incm:Medicaid Comp. Adult 0 0 0 0 0 001194 Medicaid-lAB 0 0 0 0 0 001208 Medipass $300 Adm Fee 3{)8 442 750 0 750 MEDICAID TOTAL 645,889 925,617 1,571,506 0 1.571 ,506 7. ALLOCABLE REVENUE - STATE 018001 Refunds, ~ o ~ - ~ 0 0 0 0 018003 Refunds. other Personal Services- , 0 ----~-o O~ 0 ---0 ~--~~ - -~ 018004 Refunds, Expenses 50 O. SO 0 50 018006 Refunds, Operating Capital Olltlll)' 0 0 0 0 0 018010 Refunds. Special CalClOlY 0 0 0 0 0 018011 Refunds, Other 0 0 0 0 0 018013 OMS Refunds by Journal Transfer-65900 0 0 0 0 () 018099 Refunds. C~rtitied Forward 0 0 0 0 0 037000 Prior Year WlIITant 0 0 0 0 0 038000 12 Month Old Warrant 0 0 0 0 0 ALLOCABLE REVENUE TOTAL 50 0 50 () SO 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE State Pharmacy Services 0 0 0 158,111 1.58.111 State Laboratory Scrviecs 0 0 0 330,792 330,792 State TB Services 0 0 0 0 0 State Immuni7.ation Services 0 0 0 387,821 387.821 State sm Services 0 0 0 0 0 State COIlSlruction/Renov01ion 0 0 0 0 0 16 8. OTHER STATE CONTRIBVTJONS NOT IN CHD TRUST FUND - STATE WlC Food 0 0 0 5,066,140 5,066,14<> Slate AIDS Drug Assislance Program 0 0 0 1.296.611 1,296,611 ~ (specifY) 0 0 0 0 0 ~ (specify) 0 0 0 0 0 Other (specify) 0 0 0 0 0 OTHER STATE CONTRIBUTIONS TOTAL 0 0 0 7.239,475 7,239,475 9. DIRECT COUNTY CONTRJBUTlONS - COUNTY 008030 GllIIltS-County Tax Direct 0 0 0 0 0 008034 Grants ally Commsn Other 0 1.225,200 1,225,200 0 1,225,200 BOARD OF COUNTY COMMISSIONERS TOTAL 0 1.225.200 1,225,200 0 1.225,200 10. FEES AUTHORJZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001004 Child Car Seal Prog 0 0 0 0 0 001060 Vital Statistics Fees Other 0 0 0 0 0 001062 Rabies Vaeeine 0 0 0 0 0 001074 Adult Enler. Penn!l Fees 0 0 0 0 0 001077 Primary Care Fees 0 52,002 52.002 0 52.002 001093 Communicable Disea.'Ie Fees 0 82,500 82.500 0 82,500 001094 Environmental HcaJth Fees 0 588.250 588,250 0 588.250 001114 New Binh Certificates 0 47,000 47.000 0 47,000 001115 Death CertificllleS 0 20UOO 208,800 0 208.800 001117 Vi13l Slats-Adm, Fee 50 cents 0 2.350 2.350 0 2.350 FEES AUTHORIZED BY COUNTY TOTAL 0 980,902 980.902 0 980.902 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 00 I 009 Debit Memo-Ba4 ChCl:ks 0 0 0 0 0 001010 Recovery'flad Checks 0 0 0 0 0 001015 - Rt(OVery ofCoHectienuf Agency Placements · =----,-D"'= 0 0 0_ 0 001026 Returned Ch~k F~ 0-- ~ 0::::- 0 0 0 001029 Third Puny Reimbursement 0 72.200 12.200 0 72,200 001072 Ryan White Title 1 0 0 0 0 0 001073 Ryan White Tille II 0 216.752 216,752 0 216,752 001015 Ryan White Title III 0 0 0 0 0 00 1 090 Medicare 0 11 5,470 11 5,470 0 115,470 001190 Hca.Ith Maintenance Organ. (HMO) 0 0 0 0 0 OOS04O Interest Earned 0 0 0 0 0 005041 Interest E8l11Cd-Slate Investment Atoounl 0 2S,OOO 25,000 0 25,000 007010 U.S. Grants Direct 0 72,995 72,995 0 72,995 008010 Grants Contracts Frm Cities Direct 0 0 0 0 0 008031 County AIDS Education 0 0 0 0 0 008050 Grants.cnty Sch Board Direct 0 0 0 0 0 008090 Grants other Lotal (JQvn't Direct 0 0 0 0 0 008094 GmtslContracts other Agencies Direct 0 262,900 262.900 0 262,900 008095 CJ1'lIIIlS Cney Secl 403. I 02 Air Pcl 0 0 0 0 0 008099 ReimbJRebalc Local Govn'l 0 0 0 0 0 010300 Sale of Goods and Services 0 0 0 0 0 17 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 010301 Exp Witness Fee Consuhnt Cbarge$ 0 0 0 0 0 010403 Fecs-Copics of Documenlli 0 0 0 0 0 OI04OS Sale of pharma;;euticals 0 48.050 48.050 0 48,050 010408 Copy Fcss Intra/Inter Agency 0 SO SO 0 50 010409 Sale of Goods Outside Slate Government 0 0 0 0 0 010500 Sales of Services Outside State Governmnent 0 0 0 0 0 01100] Healthy Start Coalition Contributions 0 0 0 0 0 011007 Cash Donatjons Private 0 0 0 0 0 011066 Ryan White Local Revenues 0 0 0 0 0 011067 AIDS Insurance Continuation Project 0 0 0 0 0 011009 Other GranlslDonations Direct 0 643,598 643.598 0 643,598 012020 Fines and ForfcitufC$ 0 4,000 4.000 0 4.000 O12~1 Return Che.:k Charge 0 0 0 0 0 028020 Insurance Recoveries-Other 0 0 0 0 0 090002 Draw down from Public Health Unit 0 -81.000 .81.000 0 -8\,000 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 1.380,015 1,J80.01S 0 1,380.015 1 Z. ALLOCABLE REVENUE. COUNTY 018001 Refunds, Salary 0 0 0 0 0 018003 Re1\inds, other Personal Services 0 0 0 0 0 018004 Refunds, EqJenSCS 0 0 0 0 0 018006 Refunds, Operating ClIpitIJ Outloy 0 0 0 0 0 018010 Refunds, Special Category 0 0 0 0 0 018011 Refunds, Other 0 0 0 0 0 018013 DMS Refunds by Journal Transfer-65900 0 0 0 0 () 018099 Refunds, Certified Forward 0 0 0 0 0 031000 Prior Year Warrant 0 0 0 0 0 038000 12 Month Old Warrant 0 0 0 0 0 COUNTYALLOCABLEREVENU~TOTAL 0 0 0 0 0 - .. ~~~- 13. BUILDINGS - COUNTY - - - - - . ~ --- .' Annual Renta\ Equivalent Value 0 0 0 506,880 506.880 Maintenance 0 0 0 61.810 61.810 Facility Operating EXpc1I$e 0 0 0 259.200 259,200 Other {specifY) 0 0 0 0 0 Other (specify) 0 0 0 0 0 Other (specifY) 0 0 0 0 0 Odlcr {specify) 0 0 0 0 0 BUILDINGS TOTAL 0 0 0 833.890 833,890 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND. COUNTY OthCf County Contribution of some unkllOw ori.gin 0 0 0 0 0 Other County Contribution (specifY) 0 0 0 0 0 Other County Contribution (speciJY) 0 0 0 0 0 Other County Contribution (speciJY) 0 0 0 0 0 Other County Contribution (specifY) 0 (I 0 0 0 18 OTHER COUNTY CONTRIBUTIONS TOTAL GRAND TOTAL CHD PROGRAM o 7.027,087 o 4,511,734 {} 11,538,821 o 8.073,365 o 19.612,186 ~~- 19 A. COMMUNICABLE DISEASE CONTROL: Immunization (101) IUS 9 38,044 193.,096 193.,096 193.096 193.095 403,523 36S,860 772.383 STD (102) 8.52 1,017 8,204 113,432 113,432 113,432 11.3,433 182,329 271,400 453,729 ALD.S (Hll) 16.011 322 6,408 457,616 451,616 457,616 451,615 173,961 1,056,502 1,830,463 Tn Control Services (I 04) 8.66 1.463 10,425 133.136 133,136 133,136 133,137 232,137 300,408 532,545 Comm. Disease Surv. (106) 4.% 0 3,948 84,129 84,129 84,129 84,131 152,245 184,273 336,5111 Hepatitis Prevention (1 (9) 4.05 987 8.801 73.128 73.728 73,728 73,721 115.912 178.999 294,911 Public Health Preparedness and Response (116) 7.19 0 826 81,513 81,513 81,513 81.512 107,597 218,454 326,051 Vital SllltlstillS (ISO) 2.22 0 0 24.971 24.971 24,971 24,973 99,886 0 99,886 COMMUNICABLE DISEASE SUBTOTAL 66,53 3,798 76,656 1,161.621 1,161,621 1,161,621 1.161,623 2,067.590 2,518,896 4,646,486 B. PRIMARY CARE: Chronic Disease Services (210) 4.26 3,877 7,000 85,918 85.918 85,918 85,916 114,500 229,170 343,670 Tobacco Prevention (212) LIS 0 S33 15,682 15,682 15,682 15,682 20,816 41,912 62,728 Home Health (215) 0.00 0 0 0 0 0 0 0 0 0 W.Lc. (221) 26.00 13,)58 100,265 326,697 326.697 326,697 326.696 0 1,306.787 1,306,787 Family Planning (223) 1.00 1.197 2,975 48,521 48,521 48,521 48,521 72,677 121,407 194,084 Improved Pregnlll1~'Y Outcome (225) 3.64 14 SO 121,890 121,890 121.890 121,889 390,048 97,511 487,559 Healthy Start Prenatal (227) 19.61 1,837 31,157 239,929 239,929 2)9,929 239,930 374,290 585.427 959,717 Comprehensive Child Health (229) .106 249 2.096 102,833 102,833 102,833 102,833 97.819 313,513 4 \1,332 Healthy Start Infant (231) 2.97 416 7,992 37.J29 37,329 37.329 37,323 59,126 89,589 149,315 School Health (234) 7,33 0 206.300 100,100 100,100 100,101 100,101 160.161 240,241 400,402 Comprehensive Adult Ueallh (237) 4,65 1,330 4.621 86,346 86.346 86,)46 86.347 134,701 210,684 345.385 Dental Health (240) 1083 2,900 21,400 200,697 200,697 200,697 200.696 468,691 334,096 802.787 PRIMAR\' CARE SUBTOTAL 84.50 25,178 384,J89 1,365J942 1.365,942 1,365,943 1,365,939 1,893,429 3.570,331 5,463,766 C. ENVIRONMENTAL HEALTH: Water and Onalte SftIage Programs Coastal Beach Monitoring (347) 041 l...V'L 1,220 10,071 10,071 IO,Q7f ~07-l -= 16,113 24,171 40,284 Umited Use Public W 8ter Systems (351) 0.19 47 2S9 11.277 I 1,277-:-.~- 1 C27S-- 17,592:-" 21-.;5 17 45,109 Public Waler Syslem (3511) 0.03 0 13 712 712 712 712 1,140 \,708 2,848 Private Water Systtm (359) 0,50 0 353 7.314 7,314 7.314 7,315 11,705 17.552 29.2S7 Individual Sewage Disp. (361) 7,61 3,197 10,313 121.900 121.900 121,900 121,901 190,164 297.437 487,601 Group Total 9,34 4.461 12.163 151,274 151.274 151,274 151,277 236,714 368,385 605,099 Facility programs Food Hygiene (348) 2.47 204 1,003 3).691 3),691 33,691 33,689 53,477 81.285 134,762 Body Art (J49) 0.00 0 0 0 0 0 0 0 0 0 Group Care: Facility (351) 1.12 308 508 15,274 15,274 15.274 15.273 23,827 37,268 61.095 Migrant Labor Camp (352) 177 155 1,024 25,726 25.726 25,726 25/727 40,141 62,764 102,90$ Housing.Public Bldg Safely,Sanltation (JS3) 0.00 0 0 0 0 0 0 0 0 0 Mobile Home and Parks Services (354) 0.23 61 146 3,197 3,197 3,198 3,198 4,733 8,057 12,790 Swimming PooIslBllthing (360) 7.07 1,109 7,295 100,840 100,840 100,840 HlO,840 157,307 246,053 4Q3,360 Biomedical Waste Services (.364) 005 0 0 546 546 545 546 809 1,374 2,183 TllOning FaciUty Services (369) 0.08 15 34 1,086 1.086 1.0&6 1,086 1,651 2.693 4.344 20 ENVIRONMENTAL HEALTH: Group Total 12.79 2,452 10,010 180,360 180,360 180,360. 180,359 281,945 439,494 721,439 Groundwater Contamination Storage TlIl1k Compliance (355) 0.00 0 0 0 0 0 0 0 0 0 Super Act Sen-ice (3S6) 0.00 0 35 1,072 1.,072 1,072 1.073 1,587 2,702 4.289 Group Total 0.00 0 35 Ul72 1.072 1.072 1,073 1.587 2,102 4.289 Community Hygiene Occupational Heallh (344) 0,00 0 0 0 0 0 0 0 0 0 Consum~ Product Safety (345) 0,00 0 0 0 0 0 0 0 0 0 Emergency Medical (346) 0.00 0 0 0 0 0 () 0 0 0 Lead Monitoring Sen-ices (350) 000 I I 99 99 99 100 151 246 397 Public Sewage (362) 0.00 0 0 0 0 0 () 0 0 0 Solid Waste Disposal (36J) 0,00 0 0 0 0 0 0 0 0 0 SanitlUy Nuisance (365) 0.01 0 I 146 146 146 145 225 358 583 Rabies Surveillance/Control Services (366) 0.00 0 0 0 0 0 0 0 0 0 Arbovirus Surveillance (367) 1.10 0 1,428 19.098 19.098 19,098 19.098 30.048 46,344 76.392 Rodcntl Arthropod Cootrol (368) 0,00 0 0 0 0 0 0 0 0 0 Water Pollution {J70} 0.00 0 0 0 0 0 0 0 0 0 Air Pollution (371) 0.00 0 0 10 10 10 10 IS 2S 40 Radiological Health (372) 0,00 0 0 20 20 20 20 30 50 80 Toxic Substances (373) 0.00 0 0 0 0 0 0 0 0 0 Group Total LlI I 1,430 19,373 19.373 19.373 19,373 30,469 47,023 77 ,492 ENVIRONMENTAL HEALTH SUBTOTAL 23.24 6.914 23,638 352.079 352,019 352,079 352,082 550,715 851.604 1,408,319 D. SPECIAL CONTRACTS: Special Contracts (599) 0.00 0 0 5,062 5.062 5,062 5,064 0 20,250 20,250 SPECIAL CONTRACTS SUBTOTAL 0,00 0 0 5.062 5,062 5.062 5,064 0 20,250 20,250 TOTAL CONTRACT 114.21 35.890 484,683 2,884,704 2,884.704 2.884,705 2,884,108 4,511,734 7.027,087 II ,538.82 1 ~~- - - --- - -- -~ 21 Agenda Item No. 1606 Novernber16,2004 Page 30 of 50 ATTACHMENT III COLLIER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. l1le provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C" 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2, Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972. as amended, 20 U.S.C, 1681 et seq., which prohibits discrimination on the basis of sex In education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975. as amended, 42 U,S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.l. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receMng or beneflting from federal financial assistance, 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges_ to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in connection_with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations. guidelines, and standards. In the event of failufiLto. comply, the applicant understands that the grantor may, -at its discretion, seek a court order requiring compliance with the terms of this ~e ~r seek ~ other appropriate judicial or administrative relief, to include assistance being terminaTed and further . assistance being denied. 22 Agenda Item No, 16D6 November 16, 2004 Page 31 of 50 ATTACHMENT IV COLLIER COUNTY HEALTH DEPARTMENT . FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Descnotion Collier County Health Department & Public Services Building H CHDlEnvironmental Health Co-Location with Development Services Location 3301 E. Tamiami Trail Building H, Naples 2800 North Horseshoe Dr. Naples Owned Bv Collier County Collier County Immokalee Satellite 419 North First Street Immokalee Collier County Golden Gate WIC office 5258 Golden Gate Parkway Unit 1 (Park East), Naples Marquette Development Medical Reserve Corp 10621 Airport-Pulling Rd. Suite 5 - - Naple~ FL 34109 SWFL Properties, LLC - ~~- - - 23 Agenda Item No. 16D6 November 16,2004 Page 32 of 50 ATTACHMENT V COLLIER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN IDENTIFY THE AMOUNT OF CASH THAT IS ANTICIPATED TO BE SET ASIDE ANNUALLY FOR THE PROJECT. CONTRACT YEAR m COUNTY I.QI&. 2002-2003 $ $ $ 2003-2004 $ $ $ 2004-2005 $ $ $ 2005.2006 $ $ $ 2006-2007 $ $ $ PROJECT TOTAL $ $ $ SPECIAL PROJECT CONSTRUCnONIRENOVATION PLAN PROJECT TITLE: LOCATION: CATEGORY; Renovation of CHD offices Building H of the Collier County Government Complex NEW FACILITY ROOFING RENOVATION X PLANNING STUDY NEW ADDITION SQUARE FOOTAGE: PROJECT SUMMARY: Project to include renovation of offices for Epidemiology, Vital Statistics, Information Technology and Administration. Renovation will include changes in floor plans to improve the usage of the . space In these areas ESTIMATED PROJECT INFORMATION: -~--"?-. START DATE (initial expendlture.J!f funds) : Feb-05 ~_.~- COMPLETION DATE: Jun-05 ~ - - - DESIGN FEES: $ CONSTRUCTION COSTS: $ FURNITURE/EQUIPMENT $ TOTAL PROJECT COST: $ 175.000 COST PER sa FOOT: $ #DIV/O! 24 sz i c j!!. C <II tD (") o C ::l l .:<: :r tD I>> :=s: ::r CJ tD .., l>> g III a S!! 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If> c; i .. c; WI .. o " .:c ,..: :.~ H , .:. ~-!: .~.'\15. ~i\it!/;; ;' _: Agenda Item No. 16D6 November 16, 2004 Page 46 of 50 ATTACHMENT VII Primary Care "Primary Care" as conceptualized for the county health departments and for the use of categorical Primary Care funds (revenue object code 015011) is defined as: "Health care services for the prevention or treatment of acute or chronic medical conditions or minor injuries of individuels which is provided in a clinic setting and may include family planning and maternity care," Indicate below the county health department programs that will be supported at least in part with categorical Primary Care funds this contract year: _X_ Comprehensive Child Health (229/29) _X....... Comprehensive Adult Health (237/37) Family Planning (223/23) Maternal HealthllPO (225/25) Laboratory (242/42) Pharmacy (241/93) Other Medical Treatment Program (please identify) Describe the target population to be served witn categorical Primary Care funds. Does the health department intend to contract with other providers for the delivery of primary health care services using categorical (0150.1 1) Primary Care funds? If so: please identify the provider(s), describe the services to be delivered, -ahd::-JJStJM-anti~ated contractual amount by provider. In addition, contract providers are required to provide data' on patients served and the services provided so that the patients may be registered and the service data entered into HCMS. 38 ;--y-., . ;'i, .:-'.ri+,'.,.'",;" COlliER COUNTY HEALTH DEPARTMENT Fee Schedule Fiscal Year 2004-2005 ~C,'FDS(mllnj~.~~'... Plt)'lrieaI E:wns (1fIlfliIntl01l PE (Adult) with OCR. PPD, RPR, HIV I~ PE(Ollld) MO Completion 0( 1-693 INS IlIUlli3rallon Form PI!; Alone, no OIlier tests (Employment, Spom PF.) Employnaent PE with !'Pl), RPIl " ';'. ,'i::: J,!s.oo 40.00 60,00 Pre VltCdne Tikra MeaoIeo Rubella Hepatitil B Pre-Employment Scn!en (HBIAb) Hepatitis Panel A, B. and C Panel. No Rl8k Identified Vatit:ella Vam- - Pre-emplOyment; or optional pm' pL request MMR Vaccine Hepatitis B VaOOM (SIngle Doae) Hepatitis B Vaccine (So!rift of 3) Hepatitis A (Siflllle Doae) Hl!plItilil A (Series of 2) Tetanua Vaccine Va"""lla V"edne POll Exposure Rabies Vaccine Single DotIe (1n8U1'81lce Billed) PO<ltl!.xposure Rabi.. VIIccine Series of 2 (lnsl1ra~ Bill<!d) Pre-Exposure EInployre Rabie. Va<clne (oingle dose) Pre- Exposure Eltl))loyre Rables Vaccine Series of 3 do... Plu Vaccine Pn""monla VaccilU! 50,00 50,00 150.00 50.00 100.00 .20,.00 65;00 toa-po lIOS.10 13$.00 405-00 .20,00 .25,00 HIV HIVTettto [)oH Lab (turnaround 10 days) HIV Teltinc 0'0 OS! for expedited tul'Nll'ound) 20,00 . so.oo TB CXJl Only (I .i.... witb I't'.adlng. no foUowup) . CXIt with I'Ndlng "Follow-up Nurslns Evaluation Visit LTBI Employment Pacl<qe (PPD. CXJl. Evaluation. (Nfl if needed) Pl'O pl4eement "reading S11) STD Allymplomatie Smlen (RPR, HIV, GC. Cl") 8t Followup STD Asymptomatic Saeen with RquhllJ'AJ> 8< FoU-Up -STD Alymp~matic ~el!n w-Thin !'nip PAP,-1wo ~_ =_ ~ SO.OO 15.00 75000 I!:N'VUlONMENTALHEALTH J.lUS FOOD Man Review (Stat. (ee . $35 /br) ReiMpection (Stat" F... . $30) .' , "" ',,~" . f~>'" ,. ~ J6,oo ~QC) 15,00 20.00., lS-00 50.00 hr flour 50.00 On. tillll!l fee Agenda Item No. 16D6 Novennber16,2004 Page 47 of 50 I 1 J:\Fiscal\special joe\CORE CONTRACT 0405\Revised Fee Schedule for Core Contract (excludes State EH Faes) 39 COLliER COUN1Y HEALTH OEPARTMENT Fee Schedule FIac8l Ye8f 2004-2005 Gaoup Plan Revi.... aem.pect\olI CoMltOOIloo 11lll1*1ion Adult FlUtlny Care Almted Livillll'.all~ QUId Care R.esldeftlial Pacllitiet Schooll Other Gtoo'p FaclIltles 50,00 50.00 50,00 1$0.00 1150.00 351);00 ~50.oo 600..00 150.00 MHP Plan ~ llelNpeclion TANNING Plan Review Rdll5]lectlon SWP lleinapedlon Blc:terlolo&ical 'F<<t Rough Plumb llllpeetion Renovallon lnlpoction F.JlelI\pt Pool OpeMltor Cl!rtiflcat<! Opentor Coune so.oo dlo.oo 50.00 50,00 50.00 ao.OlJ 50.OU W ATEIl. Water Letter BacterlolOl!leeI Sample (one time ooeurrellCt) Sample Collection (one lime o<<Urr&nce) NItrate Sample (one time OCl:UITew.z) Baderiolo&lcal Sample (people we nlguIal<l) Sample Collecrion (,.,.".Ie we regulate) Nitrate Sample (people we !quIalll) ~~--- OSTDS (onate eeaae cllapoul procram) DeYelopment Plan Review IRciden\ll1 Plan Re\'lew Col1llrudlonPermil Applicallon (State. $aS) Pinal Cover Inlpeetlon (Slate. $ll5J ATU Pmnlt (State. $5O/yr) l'BT Permit [State. $50Iyr) Reinspctlion (State . t~5fyr) Repair Permit (Slate. $5O/yr) :::-!leptle Lettl!l' 20.00 Ol:Mlime fee 10,OU 01i!I time fee 140.OU OIM timdca 50.00 One time fee 150.00 Annual I'M :1.00.00 Annualliee 50.00 One time fee .:....~~c: Qnetim"fee ~~---~onThille fee Agenda Item No. 16D6 November16,2004 Page 48 of 50 Perliollr One time fee.. One time (ee 'Annual Pee AlInual flee Aiulual Fee AnnuelPee Anltual Fee Aiulual Pee &0;00 &0;00 P1Ir!ioUf One tlnle fee 51).00 51).00 hr Konr OM time fee Om! rim fee AmIU111 Fee Onetlmafec One time fee Onetime f.... Orill tlmeree One time fee .30;00 2$.00 60.00 60;00. 15.00 40.00 60.00 Onelltite fee ODe lfrne fea . One time tee One lime fee One time fM Olle time fee One time fee 40 2 J:\Fiscal\special joe\CORE CONTRACT 0405\Revlsed Fee Schedule for Core ConIr8Ct (excludes State EH Fees) COlLIER COUNTY HEALTH DEPARTMENT Fee Schedule FillcaI Year 2004-2005 iin.':.'~..".'. .M&,..'lJii;""'~\1!."~. z,' ...~.. , .. . ~?$lll'~ DIAGNOB11C Initial On! Rqm - 00150 Periodic Ora! Exam. DolilO IJmlml Oral Exam-Problem focuHd . DoI~O X-tlA \'S Intnotal Complete Seril!I$ Periapical fInt IlIm P1!I'iapicaJ-ach ac!dt'l film Blh:wiIll'..1J1lle 111m BitewlAgs-two fl!1NI Bit~n8l-fOW' film PREVENTtVE Routine Child Prophylaxio ProphyIa... Adult Topicalapplleotian of fluoride OraII1~e lnstruetloll Sealant Peri&>dnntal Scaling and Root Planing (per quadrullt) RESTORA~(~LUN~ Amalgam.one surfaoe. primary Alnalpm-twu sll\'fa(:ea. pri"",ry Amalgam-three .urfaces,prl~ Amalgam..four or _lUrfloa!s primary Amalgam-one surf_ pmnIIIIent Amalgalll'two surfaca. pennanent Amalgam-three surfaces. permanellt Ama\gam-four 01' more ,.,ufaces. pel'tWlMllt Resin - one I\'rface. anterior Reain - two surf_, anterior ReIIll - three sorfaca &Jlterior Resin-four or mo1'tl surfaces or inYOlvlnllncisal allllel-anterlor Ruin - one surf."". posterior-primary Resin - two lurfaCll5, poIte.rior- primary Relin - three or mortlsurUn:es, !,,*erior-prlmary 147.00 Reoill - one surface pooterior-pennanellt Ram - two 1Utfac:es pooterior-pmnancnt Retitl - three or mmoe surfaces poateriOt'-~nt Pulp cap - dlrect (excludinS finIIlrftloratlon) Pulp eap - Indlrect (exeludioc fillaI re.ttOl'lltlon) Grca pulpal debridement primary Ind permanent teeth Apexiflcation/reclld6cation -initial visit Apexilk&tIon/recalcifk:ation-interim lU4!dlcation replacement ApeJCiflcatlonjrecaldllcation - tlnal viall Tooth re-implantltion andlor otablliution of accidentally IMIIad or dicplatl!d tooth and/or alveoluc Agenda Item No. 16D6 November 16, 2004 Page 49 of 50 I 41 3 J:\Fiscal\specia1 joe\CORE CONTRACT 0405\Revised Fee Schedule for Core Contract (excludes State EH Fees) COLLIER COUNTY HEALTH OEPARTMENT Fee Sc:hedule Fiscal V.er 2004-2005 Agenda Item No. 16D6 Novennber16,2004 Page 50 of 50 ADJlJNCllVE SlUlV1Cl!S l1Ud (sedative IiUini> ~ pllt visit Inr:Woo and Dralnaae Consultatlon (dIaplOllle ~ provided by dentiat or physician other than Pf8"IltklMt' providln& treatment Dry ~ 'treatment Behmor Mana&amem Suture removal Injection of nlWll<llllna Spaee MalntaiMr uDllal Space Mainbliner bilat OaALSURORltY (Ell.'nl.AC'nONSl SImple e.ttraetlon.llnt lootIl SInIple extracdon. addltlOllal tootb SlIr&ieaI extraction. empted tll<Ith Soft tbI\e Impa<:tiOll Partial bony impa<:tion lMHUNIZAnON (_ Mt ""Stat..) Flu YlICldnallowi Flu vacclnatione Pneumonia ao.oo 1'1.00 sponiored, poiwp blIUn& 25.00 vrrALSTATlS'l1CS (G~ in FS 38*.oll55' all countiea cUIl'e....nt) !)glll Cetti6ll11le1 Ilirth Cettilkalel Ilirth Certifkaleli 8.00 10,00 PInt c:opy 6.00 Eac:1uddillonal Winning wllh WelIness Smokil\l Cesution Strew Man~ III ~~- ~~~-~--:;:::--?- . - 42 4 J:\Flscal\specla1 joe\CORE CONTRACT 0405\Revllled Fee Sehe<Jule for Cor. Contract (excludes State EH Fees) Agenda Item No. 16E1 November 16, 2004 Page 1 of 4 -- EXECUTIVE SUMMARY Recommendation to approve the First Amendment to Lease Agreement with Jeanne L. Noe, as Trustee of the James R. Noe II Revocable Trust, for the continued use of garage and parking space for the Sherifrs Office, at a total annual rental of$61,932.96. OBJECTIVE: Secure approval to enter into the First Amendment to Lease Agreement with Jeanne L. Noe, as Trustee of the James R. Noe 11 Revocable Trust, for the continued use by the Sheriff's Office of property located at 3535 Arnold Avenue, which contains approximately 1.01 acres and includes a 5,200 square foot building. The existing lease expires November 28, 2004. The amended lease period is for one year beginning November 29, 2004, and ending November 28, 2005. The rental will be $61,932.96, representing an increase of five percent above the preceding year. The Amendment also gives the County the right to extend the lease for two additional one-year periods with a five percent rental increase each period. CONSIDERATIONS: This location is essential to the Sheriffs operations and has been used since 1988 as a vehicle maintenance garage, vehicle retrofitting, and fueling station. Use of the property is needed until the Sheriffs new fleet maintenance facility, at the County Barn Road Fleet Maintenance site, is constructed and ready for occupancy in the third quarter of2006. -- The attached First Amendment to Lease Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total annual rental of $61,932.96 will be withdrawn from the General Fund (001). GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve and authorize its Chairman to execute the attached First Amendment to Lease Agreement. PREPARED BY: Michael H. Dowling, Property Management Specialist Real Estate ServiceslFacilities Management Department ,.-- Agenda Item No. 16E1 November 16, 2004 Page 2of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E1 Meeting Date Recommendation to approve the First Amendment to Lease Agreement with Jeanne L Noe, as Trustee of the James R. Noe 11 Revocable Trust, for the continued use of garage and parking space for the Sheriff's Office, at a total annual rental of $61 ,932.96 11/16/2004900:00 AM Prepared By Date Michael H. Dowling Property Management Specialist 11/31200410:37:06 AM Administrative Services Facilities Management Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 11/3/200410:48 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 11/3/200410:58 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11/3/2004 4: 38 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1114/20049:24 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1114/20049:49 AM Approved By Michael Smyko~ki Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/2004 5:03 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/5/2004 10:22 AM - Agenda Item No. 16E1 November 16, 2004 Page 3 of 4 Lease #733 FIRST AMENDMENT TO U~ASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT elllered into this ...___._ day of --.-.._..............___.2004 lit Naplcs. Collier County, FloricU' by and between Jcanne L. Noe, as Trustee of lhc James R. Noe II RCllocable Trust. whose address is 2061 Wasatch Drive, Sarasota, Florida 34235, hereinafter l'Cfen'cd 10 as "LESSOR," lJnd COLLIER COUNTY, a political subdivision of the State of Florida. whose mailing address is DOl East Tarniami Truil. Naples, FlOrida 34112. hereinafcer referred 10 as "LESSEE." WITNESSETlI WHEREAS, Collier County and Jeanne L Not:. as Trustee of the JWlles R. Noe 11 Revocable 'flUst, have prevIOusly entered into <l Lcusc Agreemer\l dared Seprember I, 200 I; WHEREAS, (he LESSOR :md LESSEE are desirous of amending lhc Lease Agreement; NOW THEREFORE, in consideration of the covcnanrs and agreements provided wilhin said Lease Agreement dared September l. ::?004, and Ten Dollars ($10,00) and other valuable consideflltion, said Lease Agreement is hereby <lmended as follmvs: I. The following provision shall be lidded to Ankle 2 of the !..(:ase Agreement: This Lease is hereby e.~lendcd uruil November 28, 2005, hereinafter referred to as "Extended Lea'ie Term." LESSEE is grunted lhe option, provided it is not in deflluh of uny of the tcnns of this Lease, (0 renew this Lease (()r two (2) additional one (1) year tenns under the same tenns and conditions as pr()vlded fol' in the Lease dated September l. 20[H. LESSEE Sh:lll he granled lhe righr to terminate the Lease al UIlY time, wilh or without cause, by providing the ninety..d'lY wriuen nOlice 01' slIch terOlinlllion 10 LESSOR at the I\ddress set forth in Al1icle 13 of lhe Lease daled September I, 200 I. Said notice period shall commence ufl<)n pJacemelll of lhe wl1nen notice in an offit:illl depository of Ihe United States Post Office, Registered ()r Cenified Mail, postage prepaid, or by personal delivery orovemight delivery service. ., El\cept as cl\prcssly provided herein, the L<lnd Lcw~e Agreemenl between Jeanne L Nac. as Trustee of the Jmnes R. Noe II Revocahle Trust, am] Collier CnuJlty. II political subdivision of the Stale of Florida. for the utililatJOll of the Demised Premises described in said LelJse Agreement dated September 1,2004. remltins in full force and effect according to the terms and c(}ndilions cOIHained lherein, llnd said lerms and c()nditions are applicahle hercto except liS expressly provided otherwise herein. IN Wrr"lESS WHEREOF, the LE..,)SOR ,lnel U:iSSEE have hereIn executed this First Amendment to Leuse Agreement rhe day and year IIrst :Ibm'c wlitrcn. AS TO THE LESSEE: DATED: ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COU.lER COUNTY, FLORIDA BY' . Deput)' Clerk BY:_.___.._.._.....___.... DONNA FIALA. Chairman ~---_._-----~_. I Agenda Item No. 16E1 November 16, 2004 Page 4 of 4 AS TO THE L~'{..! DATED:14'::/Z.~ P"f-- , . ,,-_.. ~ ~ '- .- _ .. t:.. BY:....::::- __ j:l...~.::~~,. :=\'-"1./... f-z,_.. .IE NE _. NOE us 'luSICC of the James R. Noe U Revocable Trust /') .. // .~ --r- ~.er .._f ," d;'/.~C ilness (Signlllure) 4~__~J;1a: ~;/N<m'),;(J~h.~_ 5~~~~ Witness (Si"mlture) '" ;; ~(/ 1-~_.~Af€q.!F 1/ (Pnnt Numc) Ap[m>vcc.l us 10 form and legal sufficiency: ~~.~j?~...._,- Tllornus C. Palmer Assillt<lnt COUnlY Attorney 2 Agenda Item No. 16E2 November 16, 2004 Page 1 of 7 ,- EXECUTIVE SUMMARY Recommendation to approve Change Order No.6, Work Order #BSSW-00-07, Design of the North Naples Government Services Center, to BSSW Architects, Inc. in the amount of $6,378.00. OBJECTIVE: To approve Change Order No.6, Work Order # BSSW-00-07 for additional design services for the new North Naples Government Services Center to be located at the intersection of Airport Road and Orange Blossom Drive. CONSIDERA TIONS: As a result of a mutual agreement, the original construction contract with Brooks & Freund, LLC was terminated (Agenda No. l6E.2. dated May 11, 2004) because too much time (18 months) had elapsed from bid to award of the contract. The delay was due to a discovery that a conditional use permit was needed to construct an office building on the property. In addition, there was no provision in the contract that allowed for the contractor to be reimbursed for the escalation in cost of materials as a result ofthe 18 month delay. -- The project was re-bid with DeAngelis Diamond Construction Inc. being the lowest qualified bidder (Agenda No.1 O.N, dated July 22, 2004). As a result, BSSW Architects, Inc. incurred additional design costs of $6,378.00. These costs are attributed to additional services which include attending necessary construction meetings, providing additional updated drawings showing security and alarms, not shown on previous drawings. The Architect also had to provide services for re-bidding, such as providing addendums to the bidders and answering questions pertaining to the design. FISCAL IMPACT: Funds for the additional architectural fees are available in the unencumbered balance in the existing project budget. This change order to the architectural fee exceeds 10% of the last Board approved fee, thereby necessitating an executive summary to seek Board approval for the additional fee. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners approve Change Order No.6, Work Order # BSSW-00-07 to BSSW Architects, Inc. for the design of the North Naples Government Services Center and authorize the Chairman to sign the Change Order after review by the County Attorney's Office. PREPARED BY: Jack Crognale. Principal Proiect Manager Department of Facilities Management -- Agenda Item No. 16E2 November 16, 2004 Page 2 of 7 Agenda Item No. 16E2 November 16, 2004 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E2 Recommendation to approve Change Order No 6, Work Order #BSSW-00-07. Design of the North Naples Government Services Center, to BSSW Architects, Inc in the amount of $6.378.00 11/16/2004900:00 AM Meeting Date Prepared By Date Jack Crognale Principal Project Manager 10/27/200411:06:36 AM Administrative Services Facilities Management Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 10/27/20044:14 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 10/27/20044:37 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 10/28/20048:24 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11/3/2004 10:29 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/200412:51 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/20043:14 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/20043:19 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/5/200411 :23 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/5/20043:13 PM Collier County Government Services Center Collier County Government October 11, 2 Page 1 of BSSW Architects, Inc. 949 Central Ave. Naples, FL 34102 CHANGE ORDER NO.6 CONTRACT NO. 99.29 You hereby are authorized and directed to make the following change(s) in accordance with te and conditions of the referenced Contract number. A. Summary of Work: .~ Provide document coordination, consolidation services as result of the re-bid for construction of Collier County Government Services Center Facility located at Or Blossom Orive. B. The services of the following Consultants and their disciplines will be required: BSSW Architects. Inc. TUden Lobnitz Cooper, Inc. Kris Jain & Associates Wilson Miller Jeff Moore, Landscape Architect C. For the additive sum of: Six thousand three hundred seventy eight dollars ($ 6, 378.00) Contract Summa Original Contract Amount $ 230,700.00 Previous Change Order Amounts: (Change Orders 1. 2, 3, 4 & 5) This Change Order (No.6 Add): 60,337.00 6.378.00 $ 297,415.00 Agreement Amount with this Change Order: .- Agenda Ite ! No. 16E2 Novemb ~~~lg~i Continued: Collier County Government Services Center Collier County Govemment BSSW Architects, Inc. CHANGE ORDER NO.6 The time for completion shall be (increased / decreased) by ( ) calendcar days due to Change Order. Accordingly, the Contract Time is now ( ) calendar days. The substa completion date is ( ) and the final completion date is ( ). (Time not applicable to contract). Your acceptance of this Change Order shall constitute a modification to our Agreement and wil performed subject to all the same terms and conditions as contained in our Agreement indi above, as fully as if the same were repeated in this acceptance. The adjustment if any, to the Agreement shall constitute a full and final settlement of any an claims arising out of or related to the change set forth herein, including claims for impact and d costs. Prepared by: J , Oate: /& ~ r:f- I' Oate: )0.,1' ~ Accept. Daniel A. Summers AlA, BSSW Architects, Inc. ApProvedby: ~~ S ip m, irector Department of Facilities Management oate:~Y Reviewed by: Stephen Y. Carnell, Director Purchasing/General SVC5. Date: Reviewed by: Date: Robert N. Zachary Assistant County Attorney Approved by: Date: Oonna Fiala, Chairman Board of County Commissioners L ~_. ~'.'" ,/ Agenda Ite No, 16E2 Novem 16, 2004 ge 6of7 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Gov. Service Center PROJECT #: 52534 BID/RFP #: 99-2930 MOD #: 6 AMOUNT OF THIS CHANGE $6,378.0 PO #: 106639 Work Order #:_BSSW-DO-D7 CONTRACT AMOUNT: ORIGINAL $ 230,700.00 CURRENT $297,415.00 (STARTING POINT) (INCLUDING THIS CHANGE Last BCC Approved Amount $267,050.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 1/14/03 Agenda Item # 16 E 4 I ~DER) I Percentage of the change over/under current contract amount 11.37% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 1 0 reported to BCC on Purchasing report. CURRENT COMPLETION DATE (5): ORIGINAL: U/K CURRENT: SUMMARY OF PROPOSED CHANGE {S: To provide document coordination, c the re-bid for Construction of Collier County Government Services Center loc Blossom Drive. U/K olidation for d at Orange JUSTIFICATION FOR CHANGE (S): As a result of a mutual agreement, th I original construction contract with Brooks & Freund, LLC was terminated b ause too much time (18 months) had elapsed from bid to award of the con ct. The delay was due to a discovery that a conditional use permit was eded to construct an office building on the property. In addition, ther was no provision in the contract that allowed for the contractor to be reim rsed for the escalation in cost of materials as a result of the 18 month delay. The project was re-bid with DeAngelis Diamond Construction Inc. lowest qualified bidder. As a result, BSSW Architects, Inc. incurred costs of $6,378.00 in providing additional construction docu coordination as well as additional bidding services. eing the ditional entation PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp. Jack Croanale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable . REVISED 9/9/03 L...__.~_._~__.__. ."'~~ PROJECT MANAGERRECPMMEND~ON: APPROVE: tr4..<-~ ('/J~r; -../ DISAPPRO[j' ~ -- COMMENTS: Date: Date: IJ/2j /J /V " I Agendalte INQ 16E2 Novemb r 16, 2004 age 7 of 7 ! I I i i , t - REVISED 9/9/03 Agenda Item No. 16E3 November16,2004 Page 1 of 2 .- EXECUTIVE SUMMARY Recommendation to approve the purchase of vehicles and equipment from Bid #04- 12-0823 and Bid #04-05-0824 as coordinated by the Florida Sheriffs Association, The Florida Association of Counties, and the Florida Fire Chiefs Association when in the best interest of the County. OBJECTIVE: To obtain Board approval to purchase vehicles and equipment from Bid #04-12-0823 and Bid #04-05-0824 as coordinated by the Florida Sheriffs Association, The Florida Association of Counties, and the Florida Fire Chiefs Association when in the best interest of the County. ."'-' CONSIDERATION: The above named associations award a consolidated State-wide bid for vehicles and equipment annually for use by the State of Florida governmental entities. The bid is commonly known as the "Sheriffs Association Bid". Manufacturers normally give substantial fleet price concessions on this bid. Sometimes vendors on local County contracts can attain or better these concessions, and sometimes they cannot. When the Sheriffs Association Bid prices are significantly less than local bids, the best interest of the County are served by purchasing vehicles and equipment from the Sheriffs Association Bid. The County Fleet Vehicles Bid permits purchases from other bids if it serves the best interest ofthe County. FISCAL IMP ACT: Capital furids are budgeted for vehicles and equipment in various Cost Centers at projected costs. Purchases from the Sheriffs Association Bid will be made within the confines of those approved capital budgets on a case-by-case basis and could exceed $100,000. GROWTH MANAGEMENT IMPACT: No growth management impact will result from this action. RECOMMENDATION: That the Board of County Commissioners approve purchase of vehicles and equipment from Bid #04-12-0823 and Bid #04-05-0824 as coordinated by the Florida Sheriffs Association, the Florida Association of Counties, and the Florida Fire Chiefs Association, when in the best interests of the County. PREPARED BY: Dan Croft, Director, Fleet Management Department. ~ Agenda Item No. 16E3 November 16, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E3 Meeting Date Recommendation to approve the purchase of vehicles and equipment from Bid #04-12-0823 and Bid #04-05-0824 as coordinated by the Florida Sheriffs Association. The Florida Association of Counties, and the Florida Fire Chiefs Association when in the best interest of the County 11116120049:00.00 AM Approved By Dan Croft Fleet Management Director Date Administrative Services Fleet Management 11/3120049:51 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11131200410:33 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1113/20042:37 PM Approved By Robin Johnson ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 11/312004 3:25 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget . 11/412004 9:27 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1114/2004 4:32 PM Agenda Item No. 16E4 November 16, 2004 Page 1 of 11 .-- EXECUTIVE SUMMARY Recommendation to approve the after-the-fact submittal of the Cooperative Water Resources Projects Fund grant applications to the Big Cypress Basin/South Florida Water Management District for a reclaimed water system interconnect, a central irrigation control system and Australian pine tree removal. OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit three Cooperative Water Resources Projects Fund grant applications to the Big Cypress Basin/South Florida Water Management District to fund a reclaimed water system interconnect, a central irrigation control system and Australian pine tree removal. CONSIDERATIONS: This year, rather than a competitive grant process, the Big Cypress Basin is allocating Cooperative Water Resources Projects funds in the amount of $1 ,000,000 to each of the eligible entities as follows: Everglades City - $100,000, Marco Island - $200,000, Naples - $200,000, and Collier County - $500,000. Instead of lengthy applications, brief Statements of Work are required for each project. In 2003 Collier County received $335,700 and in 2004, we received $517,000. ...-- Based on the percentage of funds received by each division last year (similar percentages from prior years as well), and communications with various project managers in each of the three Divisions, the $500,000 was allocated to three Divisions as follows: Public Utilities Division - $330,000, Public Services Division - $25,000, and Transportation Division - $145,000. The deadline of October 31, 2004 was too short to bring the applications to the Board of County Commissioners for prior approval. As a result, the County Manager approved the submittal on October 28, 2004 to be followed by after-the-fact approval by the Board of County Commissioners. Each project will have a separate agreement, which will require Board approval. Each of the projects support the mission of the Big Cypress Basin, can feasibly be implemented within one year, and is supported by at least a 50% local match within the County's FY 05 Budget. The following projects are submitted by Collier County on behalf of the Public Services, Public Utilities and Transportation Divisions: 16" Reclaimed Water Svstem Interconnect. Davis Blvd. to Radio Road Installation of approximately 5,300 lineal feet of 16-inch reclaimed water main within an existing FP&L easement from the Foxfire Reclaimed Water Pump Station at Radio Road to the Davis Boulevard right-of-way and approximately 3,630 lineal feet of 16-inch reclaimed water main within the right-of-way of Davis Boulevard from the FP&L easement to County Barn Road. The result of this construction will increase the flows for the North-South reclaimed water interconnect, thereby enhancing the capability to serve more customers. Funding Request: $330,000; Total Project Cost: $891,225 ..- Division: Public Utilities; Department: Public Utilities Engineering Agenda Item No. 16E4 November 16, 2004 Page 2 of 11 ,,-.. Parks and Recreation Central Irrieation Control System-North District In effort to conserve water resources while maintaining high-quality facilities, the Parks and Recreation Department is proposing the second phase of installation of an Irrigation Central Control Management (ICCM) system. The network of irrigation controllers and information storage and communication devices will be expanded and connected to software residing on the County's computer network. The system allows for remote control of all park irrigation zones, monitors and reports malfunctions allowing for immediate repair, and provides for precise measurements of consumption. Funding will pay for installation of wireless remote irrigation controllers information storage and communication devices. Funding Request: $25,000; Total Project Cost: $94,505.96 Division: Public Services; Department: Parks and Recreation 2005 Australian Pine Tree Removal Proeram Exotic vegetation eradication is a resource enhancement and enhances flood control and stormwater management by improving the existing conditions along hundreds of feet of canal bank. Removing the threat of trees blowing over during a storm event causing major flow restrictions in adjacent canals and ditches is one of the main points of this project. Removal of exotic plants also eliminates seed sources decreasing the rate of propagation of these undesirable species. Funding Request: 145,000; Total Project Cost: $345,000 ---- Division: Transportation; Department: Road Maintenance FI SCAL IMPACT: The total project cost for the 16" Reclaimed Water System Interconnect, Davis Blvd. to Radio Road is $891,225 and the funding request is $330,000. The matching funds are budgeted in FY 05 Sewer Impact Fee Fund 413, Project 74035. The total project cost for the Parks and Recreation Central Irrigation Control System-North District is $94,505.96 and the funding request is $25,000. The matching funds are budgeted in FY 05 Parks Capital Improvements Fund 306, Project 44010. The total project cost for the Australian Pine Tree Removal Program is $345,000 and the funding request is 145,000. The matching funds are budgeted in FY 05 County Wide CIP Fund 301, Project 51501. GROWTH MANAGEMENT IMP ACT: Each project supports the Growth Management Plan. The 16" Reclaimed Water System Interconnect, Davis Blvd. to Radio Road is also in the 2003 Wastewater Master Plan Update. RECOMMENDATION: That the Board of County Commissioners provide after-the-fact approval to submit three Cooperative Water Resources Projects Fund grant applications to the Big Cypress Basin/South Florida Water Management District to fund a reclaimed water system interconnect, a central irrigation control system and Australian pine tree removal. .-.. PREPARED BY: Marlene Foord, Grants Coordinator, Administrative Services Division 2 Agenda Item No. 16E4 November 16, 2004 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E4 Recommendation to approve the after-the-fact submittal of the Cooperative Water Resources Projects Fund grant applications to the Big Cypress BasinlSouth Florida Water Management District for a reclaimed water system interconnect, a central irrigation control system and Australian pine tree removal. Meeting Date 11116120049:00:00 AM Prepared By Date Marlene J. Foord Grants Coordinator 11/312004 9:25:00 AM Administrative Services Administrative Services Admin. Approved By Amanda Townsend Operations Coordinator Date Public Services Parks and Recreation 11/31200410:03 AM Approved By Harry Huber Senior Project Manager Date Public Utilities Public Utilities Engineering 1113/200412:46 PM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 11/3/20041:20 PM Approved By Len Golden Price Administrative Services Administrator Date 'Administrative Services Administrative Services Admin. 11/312004 1 :49 PM Approved By Norm E, Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 111312004 3:07 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 1113/20043:22 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 11/4/20049:29 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/4120043:15 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/5/200410:41 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/5/200411:31 AM Approved By James V. Mudd County Manager Date Agenda Item No. 16E4 November 16, 2004 Page 4 of 11 Board of County Commissioners County Manager's Office 11/5/20048:22 PM Agenda Item No. 16E4 November 16, 2004 Page 5 of 11 -a COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail _ Naples, FL 34112 - 239-774-8383 - Fax 239-774-4010 October 29,2004 Mr. Clarence Tears, Jr., Director Big Cypress Basin South Florida Waier Management District 6089 Janes Lane Naples, Florida 34109 Re: CoUier County Statements of Work for FY OS Funding Dear Mr. Tears: Collier County respectfully submits the enclosed Statements of Work describing three projects for which we would like to allocate the FY 05 $500,000 budgeted for Collier County. Each of the projects support the mission of the Big Cypress Basin, can feasibly be implemented within one year, and is supported by at least a 50010 local match within the County's FY 05 Budget. The following projects are submitted by Collier County on behalf of the Public Services, Public Utilities and Transportation Divisions. 16" Reclaimed Water Svstem Interconnect. Davis Blvd. to llIIflio Road Brief Deseription: Installation of approximately 5,300 lineal feet of 16-inch reclaimed water main within an existing FP&L easement from the Foxfrre Reclaimed Water Pump Station at Radio Road to the Davis Boulevard right-of-way and approximately 3,630 lineal feet of 16-inch reclaimed water main within the right-of-way of Davis Boulevard from the FP&L easement to County Barn Road. The result of this construction will increase the flows for the N-S reclaimed water interconnect, thereby enhancing the capability to serve more customers. Funding Request: $330,OOO~ Total Project Cost: $891,225 Contact Person: Harry Huber Senior Project Manager Public Utilities Engineering Department 3301 Tamiami Trail E. Bldg. H. Naples, Florida 34102 (239) 530-5341 (239) 530-5378 haroldhuber@colliergov.net Parks and Recreation Central I";flatWn Control Svstem-North District Brief Description: In effort to conserve water resources while maintaining high-quality facilities, the Parks and Recreation Department is proposing the second phase of installation of an Irrigation Central C oJ (~ ~ I' Co)lI(" :" Agenda Item No. 16E4 November 16, 2004 Page 6 of 11 Control Management (ICCM) system. The network of irrigation controllers and information storage and communication devices will be expanded and connected to software residing on the County's computer network. The system allows for remote control of all park irrigation zones, monitors and reports malfunctions allowing for immediate repair, and provides for precise measurements of consumption. Funding will pay for installation of wireless remote irrigation controllers information storage and communication devices. Contact Person: Funding Request: $25,000; Total Project Cost: $94,505.96 Amanda Townsend Operations Coordinator Parks and Recreation Department 3300 Santa Barbara Blvd. Naples Florida 34116 (239) 353-0404 (239) 353-1002 (fax) amandatownsend@colliergov.net 2005 AustraIian Pine Tree Removal PrOll1'Q1ll Brief Description: Exotic vegetation eradication is a resource enhancement and enhances flood control and stormwater management by improving the existing conditions along hundreds of feet of canal bank. Removing the threat of trees blowing over during a storm event causing major flow restrictions in adjacent canals and ditches is one of the main points of this project. Removal of exotic plants also eliminates seed sources decreasing the rate of propagation of these undesirable species. Contact Person: Funding Request: 145,000; Total Project Cost: $345,000 Margaret Bishop Project Manager Road Maintenance Department 2685 S. Horseshoe Dr., Suite 214 Naples, Florida 34104 (239) 213-5857 (239) 659-5790 (fax) MargaretBishop@colliergov.net If you have any questions about the enclosed projects, please feel free to contact me, any of the above project managers or Marlene Foord, Grants Coordinator at 774-8971, marlenefoord@colliergov.net. We look forward to working with the Big Cypress Basin to help it meet its crucial mission and goals through the implementation of these projects. Sincerely, ~~ ikn James V.MUdU D COUNTY MANAGER c I~~ e ." c il r t a> " " Agenda Item No. 16E4 November 16, 2004 Page 7 of 11 Statement of Work Contract Number --- Project Title: 16" RECLAIMED WATER SYSTEM INTERCONNECT, DAVIS BLVD. TO RADIo ROAD A. IntroductionlBackground The 2001 Wastewater Master Plan Update identified a project for the design and construction of a 16-inch reclaimed water system interconnect from Radio Road to Davis Boulevard. The design and preparation of construction plans and specifications has been completed. Sealed proposals were opened on August 4,2004 pursuant to Bid No. 04-3679. On October 26,2004, the Board of County Commissioners awarded a contract for construction in the amount of $891,225.00. B. Objectives The result of this construction will increase the flows for the N-S reclaimed water interconnect, thereby enhancing the capability to serve more customers. C. Scope of Work The Work includes furnishing labor, materials, equipment services and incidentals for the following: . Installation of approximately 5,300 lineal feet of 16-inch reclaimed water main within an existing FP&L easement from the Foxfire Reclaimed Water Pump Station at Radio Road to the Davis Boulevard right-of-way. . Installation of approximately 3,630 lineal feet of 16-inch reclaimed water main within the right-of-way of Davis Boulevard from the FP&L easement to County Barn Road. D. Work Breakdown Structure Task 1 - Design, Permitting, and Preparation of Plans and Specifications Task 2 - Construction E. Summary Schedule of Tasks and Deliverables Task Deliverable $ Date 1 2 Project Plans and Specifications Construction 75,000 891,225 6/24/04 4/15/05 Re uested Amount from Hi C ress Basin - $330 00 Statement of Work Agenda Item No. 16E4 November 16, 2004 Page 8 of 11 Contract Number-- Project Title: PARKS AND RECREATION CENTRAL IRRIGATION CONTROL SYSTEM-NORTH DISTRICT A. Introduction/Background Collier County Parks and Recreation Department maintains 44 park sites composed of over ] 100 acres ofland. Among those the department has 28 ball fields (little league, soft- and baseball) and ]4 soccer fields. Maintenance of the Bermuda grass fields in playable condition, as well as keeping general park grounds safe and attractive, is vital to the service Parks and Recreation provides to the public. The Department makes every effort to conserve water resources while maintaining high-quality facilities. As a significant step toward this end, the department is proposing the second phase of installation of an Irrigation Central Control Management (ICCM) system. The network of irrigation controllers and information storage and communication devices will be expanded and connected to software residing on the County's computer network. The system allows for remote control of all park irrigation zones, monitors and reports malfunctions allowing for immediate repair, and provides for precise measurements of consumption. B. Objectives The project will reduce the water consumption of a high-volume user and reduce the chance run-off from that user, thereby conserving both the quantity and quality of the resource. In this respect the project will enhance the existing water supply and contribute to its long-term reliability, as well as enhance the environment. Short-term benefits of the project include a 50 to 80 percent savings to the Parks Department in irrigation water use, labor costs, water costs, and associated irrigation controller maintenance costs. The ability to precisely measure consumption and correct problems immediately will have the long-term benefits of reducing water consumption and run-off waste, thereby assuring that the resource continues to be available in sufficient quantity and quality. C. Scope of Work The proposed project is the second phase of the installation of a countywide Irrigation Central Control Management (ICCM) system for park facilities. In the first phase the central control software was set up on the County's computer network, and irrigation controllers and information storage and communication devices installed at the facilities in the South District of the park system. In this phase irrigation controllers and information storage and communication devices will be installed at the facilities in the North District. The parks in the North District include Pelican Bay Community Park, Max Hasse Community Park, Corkscrew Elementary and Middle School Complex, Conner Park, Vineyards Community Park, Veterans Community Park, Golden Gate Community Center, Poinciana Park, and Petty Startcher Field at Naples Park Elementary. D. Work Breakdown Structure Task ]. Installation of wireless remote irrigation controllers information storage and communication devices E. Task 1. Summary Schedule of Tasks and Deliverables Deliverable Cost Installation of hardware $94,505.96 Date 6/30/05 IRequested Amount from Bi~ Cypress Basin - $25,0001 Agenda Item No, 16E4 Novernber16,2004 Page 9 of 11 Statement of Work Contract Number ---- Project Title: 2005 AUSTRALIAN PINE TREE REMOVAL PROGRAM A. Introduction/Background Australian pine trees are declared a public nuisance by Collier County Ordinance 99-51 when located in or adjacent to right(s)-of-way, canal(s), and easements. They are also designated "Prohibited Aquatic Plants" by the Department of Environmental Protection as referenced in Chapter 62C-52, Florida Administrative Code. When growing along a canal bank, Australian pine trees have a tendency to out-grow the support provided by their root system. This situation can pose a threat of personal injury and property damage, as these trees are prone to topple over in moderate to high winds. These trees have the potential to block flows in the drainage system if they were toppled into the ditches or canals. Some Australian Pines have purposely been planted, however most of these trees have established themselves along the high water line adjacent to the secondary drainage system. B. Objectives The damage caused by the recent hurricanes, has increased public awareness of the need to remove Australian Pine trees. Removal of these trees will improve properties by reducing the risk of personal or property damage should these trees topple over in high winds. C. Scope of Work This project is consistent with the mission of the Big Cypress Basin. Exotic vegetation eradication is a resource enhancement. The degree of enhancement is dependent on the magnitude of the removal effort. Our work objectives are to enhance flood control and stormwater management by improving the existing conditions along hundreds of feet of canal bank. Removing the threat of trees blowing over during a storm event causing major flow restrictions in adjacent canals and ditches is one of the main points of this project. Removal of exotic plants also eliminates seed sources decreasing the rate of propagation of these undesirable species. Through our extensive interaction with property owners adjacent to the work sites we have educated many residents with facts on the exotic vegetation infestation problem within Collier County. The project is based upon matching funds that will come from the FY 2005 Budget, Fund #301. D. Work Breakdown Structure Task 1 Obtain Quotes from qualified contractors/Annual Contract for Countywide Exotic Vegetation Removal Task 2 Evaluate Proposals, Negotiate Agreement Terms and Conditions Task 3 Prepare Executive Summary for approval by BCC Task 4 Commence Construction Task 5 Final Acceptance E S Shdl fT ks dDr bl . ummarv c e u e 0 as an e lVera es TASK DELIVERABLE $ AMOUNT DATE 1 Mobilization $5,000.00 May 2005 2 Preoare Staging Areas $2,000.00 May 2005 3 Tree Removal $118,000.00 June 2005 4 Herbicide Application $10,000.00 July 2005 5 Demobilization - Final Acceptance $10,000.00 August 2005 IRequested Amount from Big Cypress Basin - $145,OO~ Agenda Item No. 16E4 November 16, 2004 Page 10 of 11 -;'\ Administrative Services Division Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 marlenefoordla2colliel'2ov.net (239) 774-8971 (239) 774-8720 (fax) Agenda Item No. 16E4 November 16, 2004 Page 11 of 11 TO: Jim Mudd, County Manager CC: Leo Ocbs, Deputy County Manager Len Price, Administrative Services Administrator Application Reviewed and Approved by County M jor s' or submittal: FROM: Marlene F oord, Grants Coordinator DATE: October 27, 2004 After-the-Fact Approval by the BCC is required at the November 16. 2004 BCC meeting. SUBJECT: County Manager Approval of Big Cypress Basin Grant Package This year, rather than a competitive grant process, the Big Cypress Basin is allocating Cooperative Water Resources Projects funds in the amount of $1,000,000 to each of the eligible entities as follows: Everglades City _ $100,000, Marco Island - $200,000, Naples - $200,000, and Collier County - $500,000. Instead of lengthy applications, brief Statements of Work are required for each project. In 2003 Collier County received $335,700 and in 2004, we received $517,000. Based on the percentage of funds received by each division last year (similar percentages from prior years as well), and communications I had with various project managers in each of the three Divisions, a decision was made and supported by Len Price and Leo Ocbs to allocate the same percentage to each division. The allocations are: Public Utilities Division - $330,000, Public Services Division - $25,000, and Transportation Division - $145,000. To coordinate the submittal and ensure that Collier County does not exceed the $500,000 maximum, all Statements of Work will be submitted under one cover letter and I suggest that it come from your office. The deadline is October 31, 2004 and since the information concerning the Big Cypress Basin requirements was provided late, there is not sufficient time to submit the Statements of Work to the Board of County Commissioners for approval. Therefore, it is necessary to request your approval of the submittal to ensure that it is submitted on time. Please sign the attached submittal letter and sign and date this memo. The executive summary for each project will be submitted for the November 16, 2004 Board of County Commissioners for after-the-fact approval. This after-the-fact process is provided for in CMA #5330 Grant Coordination if you have any questions. Once you have reviewed and approved the submittal, please call me at 774-8971 so I can pick up the signed transmittal letter, original application package and a copy of this memo with your signature and date in the box above. Agenda Item No. 16E5 November 16, 2004 Page 1 of 4 ,- EXECUTIVESU~ARY Recommendation to adopt a Resolution authorizing the Director of Facilities Management, or his designee, to execute any and aU applications for development approval including rezones, environmental permitting and the like. OBJECTIVE: To adopt a Resolution authorizing the Director of Facilities Management, or his designee, to execute any and all applications for development approval including rezones, environmental permitting and the like, on the Board's behalf. CONSIDERATIONS: All construction projects need permits, applications, and other paper work signed by either the owner or an authorized representative. On County projects the "Owner" is the Board of County Commissioners. To facilitate the permitting process, the Director of Facilities Management, or his designee, should be pre-authorized to sign any application on the Owner's behalf as the owner and / or representative without going to the Board each time. FISCAL IMPACT: Application and permit fees are estimated and are included in each project budget. ~, GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECO~ENDA TIONS: That the Board of County Commissioners adopt the attached Resolution authorizing the Director of Facilities Management, or his designee, to execute any and all applications for development including rezones, environmental permitting and the like. PREPARED BY: Bob Pierce, Project Manager Department of Facilities Management ,-.. Agenda Item No. 16E5 November 16, 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E5 Meeting Date Recommendation to adopt a Resolution authOrizing the Director of Facilities Management, or hiS designee, to execute any and all applications for development approval including rezones. environmental permitting and the like 11/16/20049:00:00 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 11/312004 2: 18 PM Approved By Jack Crognale Principal Project Manager Date Administrative Services Facilities Management 1113120042:24 PM Approved By Bob Pierce Project Manager Date Administrative Services Facilities Management 11/3/2004 2: 26 PM Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 11/3/20042:27 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 11/4/20047:51 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11/4/20049:14 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/4/20043:16 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/4/2004 3:57 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/2004 5:02 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/4/2004 5: 22 PM RESOLUTION NO. 04 -_ Agenda Item No. 16E5 November16,2004 Page 3 of 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE DIRECTOR OF FACILITIES MANAGEMENT, OR HIS DESIGNEE, TO EXECUTE ANY AND ALL APPLICATIONS FOR DEVELOPMENT APPROVAL INCLUDING REZONES, ENVIRONMENT AL PERMITTING AND THE LIKE. WHEREAS, pursuant to Subsections 125.01(1)(c) and (1)(f), Florida Statutes, the Board of County Commissioners has the authority to provide and maintain county buildings and to also provide parks, preserves, playgrounds, recreation areas, libraries, museums, and other recreational and cultural facilities; and WHEREAS, the Board of County Commissioners of Collier County presently owns and leases and will in the future obtain additional real property by either lease or purchase to carry out the various functions delegated to the Board by general and special1aw; and WHEREAS, in order to carry out such local government functions it is necessary for the County to apply for various development orders and permits to develop such real property; and WHEREAS, these types of development orders or permits can include, but are not limited to rezonings; conditional uses; variances; environmental permits, such as U.S. Army Corps of Engineers, Florida Department of Environmental Protection or South Florida Water Management District permits; site development plans; and building permits; and WHEREAS, this Resolution is necessary in order to facilitate the County's ability to expeditiously proceed with the development of the necessary public facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERRS OF COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners does hereby authorize the Director of Facilities Management, or his designee, to execute any and all applications for development approvals attributable to County projects including, but not limited to rezonings; conditional uses; variances; environmental permits, such as U.S. Army Corps of Engineers; Florida Department of Environmental Protection or South Florida Water Management District permits; site development plans and building permits. Agenda Item No. 16E5 November 16, 2004 Page 4 of 4 This Resolution shall be recorded within the minutes of this Board. Done after motion, second and vote, this _ day of ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency -Yn~'Pn.~, MaIjor M. Student I Assistant County Attorney Hfpubliclellie/facililies development ~provallOI204 .-- Agenda Item No. 16E6 November 16, 2004 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to award Contract 04-3579, Arbitrage Rebate Calculations for Collier County in the estimated amount of $50,000 for the 2004 calculations. OBJECTIVE: To provide arbitrage rebate calculations for Collier County under a multi-year contract. CONSIDERATIONS: Sections 103 and 148 of the Internal Revenue Code stipulate that any earnings over the declared yield of a tax-exempt bond issue must be rebated to the Federal Government. These excess earnings are defined as arbitrage. This calculation must be performed at least every five years over the life of the issue, even if the issue does not earn arbitrage. However, at the County, annual calculations are performed to determine liability and for financial statement purposes. The calculation needed to determine the amount, if any, that must be rebated is best performed by an outside agency with expertise in this field. On August 26, 2004, the County published a Request for Proposal (RFP) to provide arbitrage rebate calculations for Collier County. Notices were sent to 107 firms and 14 firms requested the full RFP package. Eight firms submitted proposals by the required due date of September 24, 2004. A Selection Committee reviewed the eight proposals and after discussion of the firms' qualifications and references, by consensus, short-listed the following firms in the following order: -- 1. BondResource Partners, LP 2. Arbitrage Compliance Specialists, Inc. 3. AMTEC FISCAL IMPACT: Based on current bond inventory, it is anticipated that the cost for arbitrage calculations for 2004 is expected to be $50,000. Funds are budgeted in each of the bond's respective debt service funds. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the award of the contract to BondResource Partners, LP, and authorize the Chairman to sign a standard, County Attorney approved Agreement resultant of contract negotiations by staff. PREPARED BY: Jim Mitchell, Director of Finance ~ Agenda Item No. 16E6 November 16, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16E6 Recommendation to award Contract 04 -3579, Arbitrage Rebate Calculations for Collier County in the estimated amount of $50,000 for the 2004 calculations. 11/16/2004 9 00: 00 AM Item Number Item Summary Approved By Mary Beck Executive Secretary Date Administrative Services Administrative Services Admin. 10/27/20044:33 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 10127/20044:40 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11/3/200410:31 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/31200412:56 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/3/2004 1 :20 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/4/2004 3: 58 PM Agenda Item No. 16F1 Novennber16,2004 Page 1 of 10 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 11/16/04 Public Utilities Engineering Department (408) Budget Amendment #05-038 Operating Expenses Other Contractual Services $17,000 Reserves Reserve for Contingencies (17,000) Total -0- Explanation: Funds are needed for Public Utilities one-third share to hire Carlton-Fields to rewrite standard construction contract documents. Purchasing Department (001) Budget Amendment #05-062 Operating Excenses Other Contractual Services $17,000 Reserves Reserve for Contingencies (17,000) Total -0- Explanation: Funds are needed for the Purchasing Department's one-third share to hire Carlton-Fields to rewrite standard construction contract documents. Bayshore/Gateway Triangle CRA (187) Budget Amendment #05-063 Operating Expenses Residential Rehabilitation $20,000 Reserves Reserve for Capital Outlay Total (20,000) -0- Explanation: Funds are needed to complete certain Bayshore/Gateway CRA Residential Rehabilitation grant projects not previously identified during the FY 05 budget process. Baysbore/Gateway Triangle CRA (187) Budget Amendment #05-064 Operating Expenses Payment in Lieu of Impact Fees $24,000 Reserves Reserve for Capital Outlay (24,000) Total -0- Explanation: Appropriation necessary to fund the Bayshore/Gateway Impact Fee Assistance Grant Program. No projects were readily identified during the FY 05 budget process. Agenda Item No. 16F1 November 16, 2004 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F1 Meeting Date Approval of Budget Amendments. 11/16/200490000 AM Prepared By Date OMS Coordinator Administrative A.ssistant 10122/20041 :45:11 PM County Manager's Office Office of Management & Budget Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/8/20042:28 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/8/20045:08 PM For BudgetlFinance Use Only BA#... J>.{', :~.Q.3.e..,...,... JEH...,............................. BAR#.....,'............."'......, AP.H. Date....................... Agenda Item No. 16F1 Nove~6 .. BUDGET AMENDMENT REQUEST Fund Number 408 Fund Description co Water/Sewer Op Date Prepared: 10/22/04 Approved by BCC on: Attach Executive Summary Item No.: Expense Budget Detail Fund Center Title: CO Water/Sewer Op WBS Element Title: Public Utilities Engineering Department (Pro'de FundC WBS I . Ii . ., 'red 'deboth) Fd Ctr No.: 210155 WBS No.: VI the enter or e ementm ormation; illS not reoUI to ProVI Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et _ Budget 210155 634999 Other Contractual Ser 17,000.00 . 11 ".000 'Z'3,ooo Net Change to Budget 17,000.00 Expense Budget Detail Fund Center Title: Reserves WBS Element Title: Fd Ctr No.: 919010 WBS No.: (Provide the Fund Center or WBS element information; it is not reauired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Budeet 919010 991000 Reserve for Contingencies (17,000.00) 3,070,600.00 3,053,600.00 Net Change to Budget (17,000.00) Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element information; it is not reouircd to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Budget Net Change to Budget "~ '. Agenda Item No. 16F1 November 16, 2004 Page 4 of 10 Revenue Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element information; it is not reQuired to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item DescriDtion (Decrease) Bude:et Budeet Net Change to Budget EXPLANATION Why are funds needed? To hire Carlton-Fields to re-write our standard construction contract documents. The cost of this effort is anticipated to be around $50,000. The cost to be split three ways among Transportation, Public Utilities and the General Fund. Where are funds available? Reserves for Contingencies, Fund 408 - CO WaterlSewer Op REVIEW PROCESS Cost Center Director: 10 Finance De artment: Clerk of Board Admin.: BUDGET AMENDMENT REQUEST Agenda Item No. 16F1 NOVTfll(~ For Bud~inance Us~ OJlIY BAN,... ."s:.~. .D.. D...J- JE#.................,.,............. BARN..........,................... A.P.H. Date....................... Fund Number 001 Fund Description General Fund Date Prepared: 10/22/04 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Purchasing Administration Fd Ctr No.: 121710 WBS No.: (Provide the Fund Center or WBS element infonnation. it is not l'CQUired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriution (Decrease) Bud2et Bud2et 121730 634999 Other Contractual $17,000.00 $8,000.00 $25,000.00 Services Net Change to Budget $17,000.00 Expense Budget Detail Fund Center Title: WBS Element Title: Fd CtrNo.: WBS No.: (Provide the Fund Center or WBS element information' it is not reauired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriution (Decrease) Bud2et Bud2et Net Change to Budget Expense Budget Detail Fd Ctr No.: WBS No.: Fund Center Title: WBS Element Title: (Provide the Fund Center or WBS element infonnation; it is not reouired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item DescriDtion (Decrease) Bud2et Bud2et Net Change to Budget Agenda Item No. 16F1 November 16, 2004 Page 6 of 10 Revenue Budget Detail Fd CtrNo.: 919010 WBS No.: Fund Center Title: Reserves WBS Element Title: (Provide the Fund Center or was element infonnation; it is not l'CCIuired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriotion (D~rease) Bude:et Bude:et 919010 991000 Reserves ($17,000.00) $12,338,283.00 512,321,283.00 Net Change to Budget ($17,000.00) EXPLANATION Why are funds needed? To retain outside legal counsel to redraft (and train staff) in the use of various standard construction and design contracts. Where are funds available? Reserves REVIEW PROCESS Cost Center Dir~tor: Division Administrator: Finance De artment: Clerk of Board Admin.: BUDGET AMENDMENT REQUEST Agenda Item No. 16F1 November 16, 2004 Page 7 of 10 ~~B~~k3.~IY. JEJI................................. BAR#.............................. A.P.H. Date....................... Fund Number 187 Fund Description BayshorelGateway Traingle Re-development Date Prepared: ~ I.... Attach Executive Summary Approved by BCC on: Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Bayshore/Gateway Fd CtrNo.: 138325 WBS No.: (Provide the Fund Center or WBS element infonnation; it is not rcauited to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budget 138325 884200 Residential Rehab. $20,000 $0 $20,000 Net Change to Budget $20,000 Fund Center Title: WBS Element Title: Expense Budget Detail BayshorelGateway Fd CtrNo.: 919010 WBS No.: (Provide the Fund Center or WBS element information; it is not rcauired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised I Center Element Item Description (Decrease) Budl!et Budget 919010 993000 Reserve For Capital ($20,000) $1,594,800 $1,574,800 Outlay Net Change to Budget ($20.000) Agenda Item No. 16F1 November 16, 2004 Page 8 of 10 Expense Budget Detail Fd CtrNo.: WBS No.: Fund Center Title: WBS Element Title: (Provide the Fund Center or WBS clement infornudion: it is not reauired to orovide both. ) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) BudKet BudKet Net Change to Budget Revenue Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide lhc Fund Center or WBS clement information. it is not reouimd to orovidc both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriotion (De4:rease) Budllet BudKet Net Change to Budget EXPLANATION Why are funds needed? Funds are needed to complete certain Bayshore/Gateway CRA Residential Rehab. Projects not previously identified during the FY 05 budget process. Where are funds available? Reserve for Capital Outlay. Finance De artment: Clerk of Board Admin.: BUDGET AMENDMENT REQUEST Agenda Item No. 16F1 November 16, 2004 Page 9 of 10 ~~~~~.~.Yf~~:. JE#................................. BAR#.............................. A.P.H. Date....................... Fund Number 187 Fund Description BayshorelGateway Traingle Re-development \\.../ t /0-1 Attach Executive Summary Item No.: Date Prepared: Approved by BCC on: Fund Center Title: WBS Element Title: Expense Budget Detail Bayshore/Gateway Fd Ctr No.: 138325 WBS No.: (Provide the Fund Center or WBS clement information; it is not rcauired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (De4:rease) Bud2et Bud2et 138325 883100 Pay In Lieu ofImpact $24,000 $0 $24,000 Net Change to Budget $24,000 Fund Center Title: WBS Element Title: Expense Budget Detail Bayshore/Gateway Fd CtrNo.: 919010 WBS No.: (Provide the Fund Center or WBS element information; it is not rewired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et 919010 993000 Reserve For Capital ($24,000) $1,574,800 $1,550,800 Outlav Net Change to Budget ($24,000) Agenda Item No. 16F1 November 16, 2004 Page 10 of 10 Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element information; it is not rcauired to Drovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item DescriDtion lDe4:rease) Bud2et Bud2et Net Change to Budget Revenue Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element information; it is not rcauircd to Drovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et Net Change to Budget EXPLANATION Why are funds needed? FWlds are needed to complete certain Bayshore/Gateway CRA Impact Fee Assistance Program. Projects not previously identified during the FY 05 budget process. Where are funds available? Reserve for Capital Outlay. REVIEW PROCESS e CRA EXe4:utive Dire4:tor: ) Finance De artment: Clerk of Board Admin.: Agenda Item No. 16F2 November 16, 2004 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve First Amendment to the 2001 Tourism Agreement with the South Florida Water Management District for Restoration of Lake Trafford Extending Agreement until November 30, 2005 OBJECTIVE: To approve First Amendment to the 2001 Tourism Agreement between the Board of County Commissioners of Collier County, Florida and the South Florida Water Management District for Restoration of Lake Trafford Extending Agreement until November 30, 2005 pending TDC approval on November 22,2004. ,,"..'.'."" CONSIDERATIONS: On July 31, 2004 the Board of County Commissioners approved the 2001 Tourism Agreement with the South Florida Water Management District for Restoration of Lake Trafford in the amount of $2,000,000. This agreement is effective until November 30, 2004. Per the terms of this Agreement, the South Florida Water Management District may request to extend the term by one year by providing written notice prior to expiration. This item is going before the Board of County Commissioners before the Tourist Development Council in order to expedite before agreement expires. FISCAL IMPACT: There is no fiscal impact related to this proposed amendment. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: To approve a First Amendment to the 2001 Tourism Agreement with the South Florida Water Management District extending the agreement to November 30, 2005, subject to a positive recommendation from the Tourist Development Council on November 22, 2004. PREPARED BY: Maria Bernal, Tourist Tax Coordinator, County Tourism Department ,01'.-... Agenda Item No. 16F2 November 16. 2004 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F2 Meeting Date Recommendation to approve First Amendment to the 2001 Tourism Agreemen1 with the South Florida Water Management District for Restoration of lake Trafford Extending Agreement un1il November 30. 2005 11/16/2004900:00 AM Prepared By Date Maria E. Bernal Tourist Tax Coordinator 1113/200410:17:54 AM County Manager's Office Tourism Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 11/3/200410:50 AM Approved By Steve Carnell Purchasing/General Svcs Dtrector Date Administrative Services Purchasing 11/3/200410:56 AM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 1113/200410:56 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/20043:18 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11/4/200412:11 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/5/20049:37 AM Approved By James V, Mudd County Manager Date Board of County Camm iS5tOners County Manager's Office 11/5/20048:05 PM BIG CYPRESS BASIN Soll!ll FlDRIDA WATER MANAGEMENT DISTRlcr Agenda Item No. 16F2 November 16, 2004 Page 3 of 13 6OB9 Jan.. Lane, Naples, FL 34109 (239) 597-1505 . Suncom 721-7')20 . Fax (219) 597-4987 . www.sfwmd.gov/organ/l..bcb.html . ,.::;:IVED COUNTY r.1ANAGER O~f'I'- ADM 28-06 (C-12263) October 6, 2004 OCT - ;' 2lJOIt ~~!.;~ ---G- ~~~_ f4-,~~~ ~, I~ 1-,( 01 Mr. Jim Mudd County Manager Second Floor, Administration Building Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Mr. Mudd: Subject: Funding for Lake Trafford Critical Restoration Project (Contract No. C-12263) In accordance with the terms of the above-referenced agreement dated July 31, 2001, (Page 7, Paragraph 14. TERM:) I hereby request the extension of this contract by one year, from December 1, 2004 to November 30, 2005. Please consider this letter as written notice to Collier County. A copy of the agreement (without Exhibits A and B) is attached for your review. Your support and expeditious handling of this request is most appreciated. Sincerely, ~L/~ Director Il::]~~~i CST/amc Attachment c: Mary Meier - SFWMD - 6612 Jacqueline-Hubbard Robinson - Collier County Attomey's Office David C. Weigel - Collier County Attorney's Office Heidi Ashton - Collier County Attorney's Office BlG CYPRESS BASIN GOVERNING BOARD Trod.] K. Williams. P.E., Chairperson. Ex offidn - Ft. M.I{t'n; Patricia Carroll, Secretary - Napl~ Mary Ellen Hawkins, Vice Otnir - Naplt'fi Alicia E. Abbott - MlJtco Is/gud Liesa Priddy ~ Imnwkulel! DIRECTOR Clarence S. Tears, Jr, SFWMD Contract No. C-12263 Agenda Item No. 16F2 November 16, 2004 Page 4 of 13 AGREEMENT BETWEEN COLLIER COUNTY AND THE SOurH FLORIDA WATER MANAGEMENT DISTRICT FOR RESTORATION OF LAKE TRAFFORD THIS AGREEMENT. is made and entered into this311!:t day of ~I ~ 2001, by and between the South Florida Water Management District, created by Section 373.069, Florida Statutes, hereinafter referred to. as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to as .Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax may be used to finance restoration of inland lakes to which there is public access within Collier County; and WHEREAS, GRANTEE desires to use tourist development tax funds for the economic and environmental enhancement of Lake Trafford located in the community of Immokalee, Florida including: a. the removal of approximately 8,500,000 cubic yards of nutrient rich organic sediment from Lake Trafford, b. the restoration of the fishery and game fish habitat by restoring lake depth and bottom configuration to quartz sand substrate, c. improving the water clarity by reducing nutrient-loading to lake with removal of organic sediment; and .' Agenda Item No. 1 ~F2 November 16, 2004 Page 5 of 13 d. post-dredging monitoring (hereinafter the "Lake Trafford Restoration Project"); and WHEREAS, the total estimated project cost of the Lake Trafford Restoration Project is 16.6 million dollars; an~ WHEREAS, the Tourist Development Tax Council and the Board of County Commissioners have found it to be an appropriate expenditure of the Tourist Development Tax to use these funds for a portion of the Lake Trafford Restoration Project; and WHEREAS, GRANTEE has entered into a Project Cooperation Agreement dated January 7, 2000 with the United States Army Corps of Engineers for the Lake Trafford Restoration Project (hereinafter referred to as the "Lake Trafford PCA"). NOW, THEREFORE, BASED UPON THE MUTUAL CONVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: L SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall complete the Lake Trafford Restoration Project as provided herein pursuant to the Lake Trafford PCA attached hereto as Exhibit "B". 2. PAYMENT AND REIMBURSEMENT. A. The amount to be paid under this Agreement shall be no more than Two Million Dollars ($2,000,000). Such amount represents approximately 30% of the GRANfEE'S total projected cash contribution requirement under the Lake Trafford PCA, attached hereto as Exhibit "B". The COUNTY shall disburse this funding in quarterly increments, beginning January I, 2002 to be calculated based on the amount of work completed in the preceding quarter by the Army Corps of Engineers in order to meet projected Lake Trafford PCA obligations. The 2 Agenda Item No. 16F2 November 16, 2004 Page 6 of 13 DISTRICT shall submit all such requests for quarterly reimbursement in writing to the COUNTY which shalt include a copy of the funding request received from the Anny Corps of Engineers as supporting back-up documentation. B. '2RANlEE shall be paid in accordance with the fiscal procedures of COUNfY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received as described above. C. The amount to be paid by the County shall not exceed $500,000.00 in fiscal year 200112002; $1,000,000.00 in fiscal year 200212003 and $500,000.00 in fiscal year 200312004. D. The County Manager or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or perlonned in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. E. Each invoice submitted by GRANTEE shall be itemized in sufficient detait for audit thereof and shall be supported by copies of quarterly reports as described in Section 5. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A." 3. ELIGffiLE EXPENDITURES: Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are tater deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of County's written request to 3 , repay said funds. Agenda Item No.1 fF2 November 16, 2 04 Page7013 COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: The GRANTEE assumes any and all risks of personal injury. bodily injury and proeerty damage attributable to the negligent acts or omissions of the GRANTEE and the officers, employees, servants, and agents thereof in the performance of this Agreement. The GRANTEE warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection. being applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment during performance under this Agreement. 5. OUARTERL Y REPORTS: GRANTEE shall provide to COUNTY copies of quarterly reports describing technical progress on the Lake Trafford Restoration Project activities completed during the preceding quarter. The report shall also identify actual costs expended on the Lake Trafford Restoration Project during said period. 6. CHOICE OF VENDORS AND FAIR DEALING: COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of contracts or vendors. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: To the limited extent provided by Florida law, the GRANTEE shall hold harmless and defend the COUNTY, its agents and employees, from any and all suits and actions, including attorney's fees attributable to Grantee's negligent acts arising out of or incidental to the performance of this Agreement or work performed thereunder by the 4 Grantee, its officers, employees, servants and agents. Agenda Item No. 1 ~F2 November 16, 2 04 Page8013 The GRANlEE and the COUNTY further I agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of [Iorida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 8. NOTICES: All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANlEE at the following address: Clarence S, Tears, Jr. South Florida Water Management 6089 Janes Lane Naples, Florida 34109 With a copy to: Director of Procurement South Florida Water Management District 3301 Gun Club Road West Palm Beach, FL 33301 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY to: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSffiP: Nothing herein contained shall be construed as creating a partnership bP.tween COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute 5 Agenda Item NO.1 F2 November 16, 2 04 Page 9 0 13 GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. COUNTY sole responsibility under this Agreement is to disperse the funds to GRANTEE. 10. TERMlNA nON: COUNTY or GRANfEE may cancel this Agreement with or without cause by givipg 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If either party terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligib]e. If GRANTEE fails to complete the Project, COUNTY funds shall be reimbursed to the COUNTY unless the Board of County Commissioners determine that the expenditure was duly expended for a completed portion of the Project. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account, All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. A V AILABll..ITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers, and financial information pertaining to work petformed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 6 Agenda Item No. 1 F2 November 16, 2 04 Page 10 0 13 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM:~ This Agreement shall become effective upon approval by all parties hereto and shall remain effective until November 30, 2004 ,4JIR[~""" if"" ....,a:1O l' ~'<c4.UJ.IlI&IfIlIID..tLJmIQH.D].'~rJll'dl_II..rt._n"i"Til(C7' ,JjCt.,;,,j' ~~~;j;:.7 15. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 16. RECORDING: This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. .;'~I.iit .." :'ii. ,;,.nR~K, Clerk .,;.!....'I :"""~''t~~, '~""';:'';'t'" ~'.:t;:/;tf~~i~t_ ...~. ~ -r"-'~' ~ ..... S ,':Jff"'i};$'.,t"'~&ft\.l1. . -f., :~~.,}~ioi 7,'''~~~t; , ' ~;~~~~l~ BOARD OF COUNTY COMMISSIONERS COlLIER COUNTY, FLORIDA By: I 7 . . Agenda Item No.1 F2 November 16, 2 04 Page 11 0 13 WITNESSES: (1) c:)r:au-- 4~- -Jia" ~r~~ PIiii/..vryped Name (i)-V",,"~...-L- ~ rQIH"Ul.J'It\l... CaITlI"J," PrialedlTyped Nome GRANTEE SOlITH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING OARD (corporate seal) :~~OFZ::ROVED Date: . '1/ () / SFWMD PROCUREMENT APPROVED BY~ Date: ) Approved as to form and legal sufficiency h:lhfaltdc Agreement\1999 Agreement -SF Wiler Managemenl Dislricl-Big Cypress Basia h:lPubliclDavidlagreemenufwmd.lake Tralflll'd.07240 I 8 Agenda Item No. 16F2 November 16, 2004 FIRST AMENDMENT TO 2001 TOURISM AGREEMENT BETWEEN COLLIER Page 12 of 13 COUNTY AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR RESTORA nON OF LAKE TRAFFORD This First Amendment to 2001 Tourism Agreement, made this _ day of , 2004, (hereinafter referred to as "First Amendment") is entered into by and between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as "County"), and the South Florida Water Management District (hereinafter referred to as "SFWMD"). WITNESSETH: WHEREAS. the County and SFWMD entered into a 2001 Tourism Agreement dated July 31, 200 1 (the" Agreement") for the restoration of Lake Trafford; and WHEREAS, the County and SFWMD desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. . Section 14 of said Agreement is hereby deleted in its entirety and the following paragraph is inserted in its place: TERM: This Agreement shall become effective on December 1, 2004 and shall remain effective until November 30, 2005. Any extension of this Agreement must be at the express consent of the Collier County Board of County Commissioners. GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 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 lTEST: DWIGHr E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA , Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: ~dt f J'- -- Heidi F, Ashton Assistant County Attorney Agenda Item No. 16F2 November 16, 2004 Page13of13 WITNESSES: (1) GRANTEE: SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD signature PrintedlTyped Name By: (2) signature Print Name: Print Title: Printedffyped Name (corporate seal) SFWMD OFFICE OF COUNSEL APPROVED By: Date: SFWMD PROCUREMENT APPROVED By: Date: c....TDC\ 1.tAmendmentLakeTraffordReslolatioo .- Agenda Item No. 16F3 November 12, 2004 Page 1 of 1 0 EXECUTIVE SUMMARY Recommendation to Approve a TDC Category "A" Grant Application, Interlocal Agreement, Budget Amendment and Purchase Order in the Amount of $30,000, Project 90526 OBJECTIVE: To obtain Board of County Commissioners approval of a $30,000 TDC Category "A" grant application from the City of Marco Island and Interlocal Agreement for the laser grading of the Marco Island beaches from Tigertail Park to the south end of the island. CONSIDERATIONS: On October 14,2004, the Coastal Advisory Committee recommended approval of a TDC Category "A" grant application from the City of Marco Island to grade the Marco Island beach. However, their recommendation was to limit the area by removing the area to be renourished next winter under the Marco South Beach Renourishment (Caxambas Pass Dredging) project. On October 25, 2004, the Tourist Development Council recommended approval of the grant application as submitted by the City of Marco Island. -- FISCAL IMPACT: Funds are available from the Reserves and the source of funds is Tourist Development Taxes. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a $30,000 TDC Category "A" grant application from the City of Marco Island and Interlocal Agreement for the laser grading of the Marco Island beaches from Tigertail Park to the south end of the island. PREPARED BY: Ron Hovell, P.E., Coastal Projects Manager -- Agenda Item No. 16F3 November 12. 2004 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16F3 Recommendation to Approve a TOG Category "A" Grant Application, Interlocal Agreement, Budget Amendment and Purchase Order in the amount of $30,000, Project 90526. for Marco Island laser grading. 11/16/200490000 AM Item Number Item Summary Prepared By Date Ron Hovell Special Projects Manager 1114/20046:45;12 PM Public Utilities Public Utilities Engineering Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 1114/20046:46 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 11/5/2004 9;21 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 11/512004 9:49 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1115/200410:25 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11151200411:20 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1115/2004 11 ;29 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1118/2004 9; 34 AM Agenda Item No. 16F3 November 12, 2004 Page3of10 City of M&JI"cq ts~iJ.J ~ol Friday, October 01,2004 Ms. Maria Bernal Naples, Marco Island, Everglades Convention and Visitors Bureau 3050 N. Horseshoe Drive, Suite 218 Naples, FL 34104 Re: Collier County Tourist Development Council Grant Application Marco Island Grading project Dear Ms. Bernal: Please find attached, completed grant application for laser grading the Marco Island Beach. This proposed project will be on the October 14, 2004 Coast Advisory Committee agenda. If any additional information is required, please contact me at (239) 389-5003. Thank you for your help in this matter. Sincerely, kf~ Nancy J. Richie Environmental Specialist Cc: Ronald Hovel, Special Projects Manager, Collier County William Moss, Manager, City of Marco Island . James Snediker, Collier County Coastal Advisory Committee & Marco Island Beach Advisory Committee Paul Sullivan, Collier County Coastal Advisory Committee John Aceri, Collier County Coastal Advisory Committee 50 Ba.ld EAgle Drive, Marco Island, Florida 34145 (239) 389-5000 FAX (239) 389-4359 <OOIPY /_4.., Agenda Item No. 16F3 Novennber12,2004 Page 4 of 10 ExmBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance Marco Island Grading 1. Name and Address of Applicant Organization: City of Marco Island 50 Bald Eagle Drive Marco Island. FL 34145 2. Contact Person, Title and Phone Number: Nancy Richie. Environmental Specialist Phone: (239) 389-5003 3. Organization's Chief Official and Title: A. William Moss City ManalZer 4. Proje4:t Description[and location]: Grade the Marco Island beach between R-133 and R-147. 5. EstiImited project start date: December 2005 6. Estimated project duration: 1 month 7. Total amount requested: $30.000 8. If the full amount requested cannot be awarded, can the programlproje4:t be restructured to accommodate a smaller award? Yes ( ) No (X) tQ)IPY Agenda Item No. 16F3 November 12, 2004 Page 5 of 10 Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET Marco Island Grading PROGRAM ELEMENT AMOUNT Equipment and labor charges. Collier County hourly fixed-term contract $30,000 TOTAL $30,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. ~~~ Signature of Organization's Chief Official or Designee Date: @lfML{ t(O){?1f Agenda Item No. 16F3 November 12, 2004 Page6of10 INTERLOCAL AGREEMENT FOR THE PROVISION OF BEACH GRADING OF THE BEACHES IN THE CITY OF MARCO ISLAND THIS INTERLOCAL AGREEMENT ("Agreement"), is made and entered into this _ day of , 2004 by and between the Board of County Commissioners, the governing body of Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the City of Marco Island, a Florida municipal corporation, hereinafter referred to as "City". RECIT ALS: WHEREAS, the Board of County Commissioners adopted a Tourist Development Tax Category "A" Funding Policy for beach renourishment and beach park facilities on December 16, 2003; and WHEREAS, the Board of County Commissioners reviewed a Grant Application in the amount of $30,000 from the City of Marco Island on November 16, 2004 for a proposed project to grade the City of Marco Island beaches based on that approved policy; and WHEREAS, the grading of the beaches will extend from the Tigertail Park limits to the south em end of Marco Island (the "Grading Project") and WHEREAS, the Grading Project may include maintaining the beach and shoreline by using large earth-moving equipment to move quantities of sand to provide a more consistent slope to the beach, and WHEREAS, the County desires to fund the Grading Project with tourist development taxes; and WHEREAS, under the County's policy, there must be a Grading Project sponsor; and WHEREAS, the City of Marco Island desires to extend its commitment to sponsor the Grading Project. Agenda Item No. 16F3 November 12. 2004 Page 7 of 10 NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. RECITALS. The above recitals are true and correct and incorporated herein. 2. ELIGIBILITY FOR FUNDING. The Grading Project is eligible for TDC funding under the Board adopted policy. The estimated costs for construction and engineering services including, but not limited to, equipment and labor is Thirty Thousand Dollars and No/tOO ($30,000) and will be funded by the County with tourist development funds up to a maximum of Thirty Thousand Dollars and Noll 00 ($30,000). 3. SPONSORSHIP. The City agrees to sponsor the Grading Project. The City agrees to be named as the agency requesting the FDEP permit and any other required permits. 4. COUNTY AS AGENT OF CITY. The County agrees to act as the agent of City to pursue all necessary grant applications, engineering, environmental and technical work and to seek the appropriate environmental permits. All applications and permits will be in the name of the City. The County shall select vendors and contractors for the work to be completed under this Section in accordance with its purchasing policy. 5. INDEMNIFICA TION. To the extent permitted by law, the City shall hold harmless and defend the County, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to this Agreement including the City's error or negligence in obtaining easements and/or for the City's error or failure to timely perform permit conditions. This provision shall also pertain to any claims brought against the County by any employee of the City, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. 6. PRIV A TE PROPERTY EASEMENTS. The City agrees to process any necessary easements from the property owners fronting on the project area and to grant the same rights under those easements to the County and selected vendors and contractors for purposes of completing the Agenda Item No. 16F3 November 12, 2004 Page 8 of 10 project. If the City is unsuccessful in obtaining the necessary easements from a property owner, then the grading shall be seaward from the erosion control line or mean-high water line on the applicable property. 7. CITY TO COMPLETE PERMIT CONDITIONS. The City agrees to be responsible to fulfill the ongoing obligation of the permits and all conditions of the permits, ifany. If the City fails to complete any permit condition, then the County may complete the condition and the City shall reimburse the County for its actual costs. 8. CONSTRUCTION ACCESS. The City hereby agrees to grant to the County a right, privilege and license to access the beaches through property designated by the City. 9. PROJECT PERIOD. The County and City agree that the estimated date for commencement of construction of the beach grading project is December 6, 2004 and that the duration of construction is not expected to last beyond three weeks. If the necessary permitting is not received in time for the project to be completed in this timeframe, then it will be postponed until a mutually agreeable date. 10. TERMINATION. This Agreement shall commence upon execution and terminate upon expiration of the permits and any extensions but no later than December 1,2005. 11. AVAILABILITY OF FUNDS. This Agreement is subject to budget and collection of Tourism Development Tax Funds. 12. MISCELLANEOUS PROVISIONS. A. Any and all notices, designations, consents, offers. acceptances, or other communications provided for herein shall be given to the City, attention City Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, Florida 34145. Notice to the County, attention County Manager, Collier County Government Complex, 3301 Tamiami Trail East, Naples, FL 34112. Agenda Item No. 16F3 November 12,2004 Page 9 of 10 B. This writing embodies the entire agreement and understandings between the parties and there are no other agreements or understandings, oral or written, with reference to the subject matter herein, no alteration change or modification to the terms of this Agreement shall have any force or effect unless made in writing and signed by the parties hereto. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. This Agreement may be executed in each of several copies. each of which may be considered an original. C. The City may not sell, transfer, or assign this Agreement, or any part hereof. without the written consent of the County. IN WITNESS WHEREOF. the parties have caused this Interlocal Agreement to be executed the day and year aforesaid in counterparts, each counterpart to be considered an original. DA TED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Agenda Item No. 16F3 November 12, 2004 Page 10 of 10 ATTEST: GRANTEE CITY OF MARCO ISLAND LAURA LITZAN, City Clerk By: TERRI DT SCIULLO, Chairman Approved as to form and legal sufficiency: WITNESSES: (I) Richard D. Yovanovich, Esquire City Attorney signature Printed/Typed Name (2) signature Printed/Typed Name CP. TDell nterlocal- MarcolslandGrading Agenda Item No. 16F4 November 16, 2004 Page 1 of 14 EXECUTIVE SUMMARY Authorization to Purchase a New Fire Truck from the Florida Sheriff's Bid List in the Net Amount of $274,973. OBJECTIVE: To purchase a new fire truck in a cost-effective manner. CONSIDERATION: The Isles of Capri Fire District presently has one front line and one reserve fire engine both 20 years old. In accordance with the FY 05 budget, the District is moving forward with replacing one of the units. Competitive pricing is available to the County through the Florida Sheriffs Statewide Contract (#04 05 0824). The total cost of the project is $289,973. One fire truck will be traded in for a $15,000 credit. The financed total is $274,973. ,.....-., FISCAL IMPACT: There is no fiscal impact for FY05; the $35,300 was already approved with the budget. This will be a reoccurring cost for the next nine years. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioner's and the Chairman of the Board approve this request to purchase through the Florida Sheriffs Bid List, Contract #04050824 in the net amount of$274,973 . SUBMITTED BY: Chief Emilio Rodriguez, Isles of Capri Fire Rescue District -- Agenda Item No. 16F4 November 16, 2004 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F4 To purchase a new Fire Truck il1 a cost effective manner by utilizing the Florida Sheriffs Bid List ill the net amount of $274.973. Meeting Date 11116120049:00:00 AM Prepared By Date Rod Rodriguez Board of County Commissioners Fire Chiet 11111200410:57:21 AM Isles of Capri Fire Rescue Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 11111200411 :02 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 11/2/200410:54 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1112/200410:56 AM Approved By Dan E. Summers Bureau of Emergency Services Director Dale County Manager's Office Bureau of Emergency Services 11/2120041:43 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1113/20042:26 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/20043:16 PM Approved By Michael Smykowski Management &. Budget Director Date County Manager's Office Office of Management & Budget 11/3/2004 4:34 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1115/20046:19 PM Agenda Item No. 16F4 November 16, 2004 Page 3 of 14 . FEDERAL SIGNAL LEASING 1415 w, 22nd S1I8Il. Oek IlftlOk.lItlolI8ll52WOO4 Phcne ~ FIIlC 8a0-854-2041 Leasing Division Assistant Chief Allan MacLaughlin Isles of Capri Fire & Rescue District 175 Capri Boulevard Naples, FL 34113 Re; LeaseJPurchase Finandng of an E-One C440 Rescue Pumper October 14, 2004 Dear Asst. Chief MacLaughlin: e-Qne, Inc. is p6eased to provide 1he Isles of Capri Fire & Rescue District with financing assistance for Its purchase d a new E-One C440 Typhoon Rescue Pumper. The Leasing Division of Federal Signal Corporation, like E-One, Inc. Is a whoIIy--owned subsidiary of Federal Signal Corporation and was established In 1983 to handle all of the administrative aspects of E-Dne, Inc.'s financing programs. Enclosed is our standard leeseIpurchase 8greemenl The document has been marked wtth red "X"s in those plaCes where signatures of authorized personnel are required. These lnctude: 1. MunicIDaJ Lease and Ootion Aareement Please sign and date where ind'lC8ted. 2. Acceotanoe Certlftcate. See InstnJctions below. 3. Pavment Schedule (atlachment). Please sign acknOwtedgment and acceptance of payment terms. 4. IRS Form 8038-G (attachment). Please complete wtth. required Information and sign 'IAlere indicated. PSease Note: It is important that )QJ fill i1 your Employer IdentIficatiOn Number on this form. THE ArrACHED DOCUMENTS (WITH THE EXCEPTION OF THI: ACCEPTANCE CERTIFICATE) MUST BE COMPLETED AND RETURNED NO LATER THAN NOVEMBER 28, 2004 IN ORDER TO LOCK IN THE RATE. IF RECEIVED AFTER THIS DATE. THE RATE IS SUBJECT TO CHANGE. The Acc:eDtance Certificate can be retained by YOUr deDartment until the vehicle is delivered. Upon delivery, the department should sign, date and surrender this agreement to E-One, Inc. or its authorIZed dealer. Please note that the vehlcte will not be released without this sianed Certlftcate. The date on the Acceptance Certificate Is the commencement date d"the lease. Enclosed for )lOUl' convenience Is an Insurance Coverage Requirement LeUer wh!ch should be given to you( insurance agentlbroker to ensure proper coverage and documentation. Also included Is an Auto Payment form. Should you choose to make )'OOr payments electronically, please provide the required signalLns and banking Information where indicated and fol'W8fd to us for processing. . Finally, please have your attorney provide an opinion letter of substantially Ule same form as the attached sample "Opinion eX Lessee's Counsel." This opinion must be on )'OUr attorney's Iettertlead. Please ret\Jm the completed documents to me as soon as possible. After we receive the docunents, properly completed, 'We can authorize delivery of the truck. You wUI then be furnished a fully executed copy of the lease and attachments fur your records. Should you have any questions or comments, pleaM do not hesitate to call us at (800) 934-6569. enclosures ~sincerely'fJ; c12.~ Joanne M. 0 .{ . Senior Account 2 Florida MunlciDlll Lessor; E-One. inc. 1415 W. 22nd Street. Suite 1100 Oak Brook, IL 60523 800-934-6569 Phone: Lessee: Isles of Capri Fire & Rescue District 175 Capri Boulevard Naples. FL 34113 Assistant Chief Allan Maclaughlin 239-825-9074 Contact: Phone: Agenda Item No. 16F4 November 16, 2004 Page 4 of 14 I lease No. 5396-001 au EOUlPMENT DES E..()ne C440 FteeaJe Pumper FIre AppandU8 UounIed on an e-on& Typhoon 4-Door T11t-Cab Chas&ls 1 I.eaIe Tenn 120 MdtIlIiI Total Colt $ 289.973.00 NoJhnount d Ran'" Ai'lfllJIIIy In Amt8ft 1M PIJII1IfIlIdlecUe....... ~ anll nwdt._ ""("PaJnnI ~ MUNlCPAL LEASE AND OPTION CONTRACT Lessor hentby Iea8ea 10 L..... the equipment for the j)Ul'p(lMIencl upon the following terma end conditions listed herein ARTICLE l: COVENANTS OF U!S8IE. l.888ee repIUeI'Its, CClWnaMlI a"Id warranta, for the beneIIt 01 l.ea8or as fOllowS: A. l..euee .. a pubIlc body, corporatIlInd poItfc, dl.lly org&nI%ad a'ld 8ld81lng undef the CondIutIcn and lawS Of.,. State as set forIh abcwe ("SIate"). B. Leseee has been ddYauthorlzed to eleCUte, dell\ler and perfarm ChIs Agreement under tie Con8IIluton and laws of the Sta1e and under 1he terms and provl$lons of the resolution of IUl pemlng body, cr ~olher appropriate ofIIcIal apprOVal. Leaee fw1her repruentI. c:ovenanta and warrants that II requlntmems hIIv8 been met. and ~ NNe . occ:urred In ordet to IIr18UAt the ..~bCMbllty of.. Agi'eetnent. l.8s8e& 01..... to be 8*lCiIted an opinion of Ita couneelln form aooeptIbIe to lMeOr. C. 0UMg the term of ChlI AQreement. lie EquIpment wit be ueed by Le8aee only for the PUfJJOM 01 performing one << more QO\II!MTlmental or proprIeIary functions of L.... conllslant with the pemll8tllble ecope of L.eesee', author1ty end will not be used In a trade or bualnees of any person or entity other than the t.easee. O. The equipment Is. and shall....".. dll'lng the periOd the ~ .18 In fon:e, peI'1IClMII propeIty 8I'ld when subject 10 use by I..eI8ee lM'CIer lhls A;AIement, will not be or become fbclurea. MTlCLE D: DEFlNmONS. The following terms wll 1:\S1P<lata\OOCUMENT\00009255.RTF haw the ~ Indlcalllcl below. unless the context deIriy requIreS olhtrwiM: .".... T....... means lhe OrIglnel Term defined In ArtJcIe III hlnof and a autllclent number d IIUtorn8tic Renewal TelTll8 .. wi CCIl'l8IIlut8 the number of trlOl'lthll set forth on the fate of IhIt .Agreement. "Lee.or'" means tM entity dellg"'" on the face of tha. AgNtment as l.8I8or hen!lUnder. "Purchase PrIce" meen.1Ie amount set forth In the Payment Schedule atIIIched to ChlI Ag/'Ml'rIellt 8rid subject to the tennI of Ar1IcIe IX which Lessee may. lit Its option, pay 10 I.8ssor in order 10 purchase the ~t. ........... Term~" nMl8IlS the autcmaIIc renewat periods of lhla ~ ellCh hlMng a duration of one (1) yur ooIiMlmlOUS wtth L.easee's II8cal )'Mf lJlCClIPl: the Ia8t of such &llOmatlo lWl8W8I period. which Ihall end 01'1 the annlvenlary of the eommenccnsnt Date. The terms and concIItlaW clul'lng any Renewal Term shall belhe ame 85 the terma rand conditions durtng the Original Tenn, except that the Rent Payments ft. be as provided In the altached Payment Schedule. "V..wJot"" means lie manufaobnr of 1he equipment as Mil as the agerrts 0( dealet8 of the manufaclurer. ARTICLE UI: COMMENCEMENT OF LEASE TERM. The Original Term of this Agreement Shall commence on the date the EquIpment Is aClCl8pled by L..... at 3 IndIcalBd on the Certificate of Acceptance {"Commen<;ement Ollie' and ahelllemIlnate the last day of LbMee's then ~ lIIc8/ )'8lIr. Far the dura1Icn of the Laale Term. 1tIl8 AgrMment wi! be auunatlcaIly renewed It the end at the OrIginal Term and IllY Renewal Term unIes8 the L88Iee gives wrltfen notice to Lessor not less than ninety (90) days prior In Ihe end of the Original Term or Renewal Term then In effec:l of 1..ee8ee'. Intention to fermlnaUt this Agreement p1Jl8U8nt to AItlcIe V as the case may be. ARTICLE IV: INSPEC11ON. l.e88or nil have the right at all raaonabIe &ne. to enIIIr Into and upon the property of Lessee for the pIM'p088 of inspecting the Equlpmtll'lt ARTICLE V: RENT PAYMENTS. hc:tIon 5.0'1 R8nt ~ to CoMtItuta a CcmInt ExpHM of lMHe. l.88IOI' and Laaee underAIncI and ln18nd lhat the obIga8on of I..8uee to pay Rent p~ hereuncl.-lIhalf 0DflIIItut8 . a.tn'8nt ..... of lessee and lIhal not In any way be construed 10 be a debt of Lesaee In aontravllnMon d IW1Y applcable constitutional or stnItbry IImIaIlons or J8t1'i11llTl8l'll8 conaemlng the awtion d Ind8bt8clnea by Lessee, nor shall anything contained herein coneIIIuIt a pledge at the g"nend tax A!MlI'lUfJS. 1Ims 01' monles at Lessee. Neilhet the lMae8, the Sta18 of FIortda, nor any polIticaIsubdMslon thereof 8h8II be obligated to pay any sums due to leseor hel'8l.lKi8r from AD VALOREM taus. hcIIon 6.02 hymernt of Rent............ L.esaee shall pay Rent Pa)menIs, exdusMIIy frtxn IeglIIy avalI8bIe lunda to ~ In the .-ncu'Ita .nd CI'l tie dates set forth In 1he Payment Schecide atIached to thIa Agreement A portion of each ~ payment Is paid as, and ,.presentS pa~t d, IntMltt arid pt1nclpel, respecliwly. My Ill'lOUnts not peId When due shall be subjeet to past due Interett at a rale d 18% per annum or the highest tale pertnItled by law, whlchMlr Is lower. NotwllhslandII'lI1 any other provision of the 8QIMlTI8Ot and under any and aU drcurnsI8nce8, I.eseee Is obllgaled to pay in18reat: to Lessor on the purcheee price (remaining ~Iance) at the per arnm rate specIfted In lhIs ~t for e8d\ dlIy l.hla agt98I'n8nt remains In etIed. s.cuon 5.03 RMlt ~ to be UncondJtJoNt. SubJect to SealIon 5.05, the obligation of l.e8Me to make payment of Rent Pa)m8l'lls 8nd other payments required under .... Agreement 8haII be abecllul8 and ~ l..esaee ahal make" euctI paymenIa when _ Ind .... not withhold. eel off, abate or CDlRter claim any such pa)'IYlent as a result d any dI&pute, Whether betMlen Leaor and I..eaee or ~ ~ncIUd1ng, but not limited to, dIsputeS . concemIng alleged or IICtuaI defec:la, ma/functions, bf8akdolrtmOl'lnllnnllles of the Equipment). SlICtJon 5..04 Continuation of Leau T<<rn by........ I.eIMe Intends 10 continue the L.eue Term lhfougtI lie Orlglnal Term and all of the RenewIlI Terms and 10 pay the Rent Payments hereunder. I.essee further intencla lD do all things I8wruIly wllhln Ita power to obtain f1.nds frcm Which Rent Payments may be made, Including maIdng . provialcn for 8I.ICh payments to the exteI1t nece8lS8I')' In each bfannual or annual budget submltlad and adopted In aooont.noe 1IIIIltl .ppIIcable PIOIIIsIonS c:t state law, to have such portIcn of the budget approved. and to utlaUlt IIIf h8Ilable nMns and appeals In fheevent such portion otthe budget Is not approvad. 1:\S1Pdata\OOCUMEN1\OOOO9255.RTF Agenda Item No. 16F4 November 16, 2004 Page 5 of 14 SectIon 8.05 Nonapproprtatlon. In the event sufficient fund8 shel not be appropriated for the payment of the Rsnt ~.... required to be pBid In the next occurring Renewal Tenn, ancIlf l.8s8ee ha& no funda legally aVJIIbIe for Rent Paymen1s from ottler SOuroel, the Lessee may tennlnala this Agreement at the end of the Original Tenn or then 0l.ll"I'8rIt Renewal Term, and Leasee 8hal1 not be obIigaeed to make payment of the Rent Payments provided for In the Agreement beyond the Original Term or the Renewal Term, WhIcheYer is I1e cumlllt i8rm. prOYIded the Leuee tennlnates .. agreement on an anniYer8ary date dlls CoImIeIarnent 0.. and I..elIHe delivers notice to I.es8or of such fI8rmInation at Ie8st nIne.ty (90) days prior to the end of 1h8 Original Term or the then current Ren8wII Term. In the 8Y8nt of termination of thll AQreement on other than an anniversary of the Commencement Oaalt, a pl'CHata I'8I\t payment will be due OOWlrlng the period of time between the last acNduled payment daI8 and the fermlnatlon d_. If this Agreement Is I8lmlnated under this SectIon 5.05. Lessee agrees, at 1.e8see'$ cost and 8:llptI'lSe, peaceably 10 del"..'" EquIpment to Lee:sor at the location specifted by l.e8sor; In such event, and to the extent lawful, Leseee shall not, untll.. dale on which the next oaurIng Renewal Term would have ended, expend any fund8 for 1M purchase or use of equipment similar to the Equipment subject to the Agreement ARTICLE VI: m1.E TO EQUPMENT: SECURITY "'eReU. s.cIon e.O'Il1f1e to the equipment. During the term of tis Apuemenl. uae to the EqUpmenl and .,y end all 8dd11ic1ne, repaIra, repIacementa (II' modfiCatkins . sh8lI Y88t In Leaaee,IUbject 10 the rights fA Lesaor under IhIs Agreement. In the event of default as set fcrth In Secllon8 11.01 01' nonapproprlatlon as set forth In SeclIon 5.05, tIIIe to the Equipment lIhaIt Immedlately veat In LeSsor, and I..esIee wID, upon les8or's request, IU60nlIbIy surrender possession of the Equipment to Lessor. Lessee, hevoc:ably, hertIby ~, makee, constitutes and appoints LesSor (end all penscna de8lgna1ad by l.888or) as L.eaee'. true and I8wfuI domey (and ageMoin-fact) with power, at 8I.ICh lime fA default or nonappropriatlan or timea theieafler as LelIsor in Ita lIOIe and ab&olu1e disa8llon may de18rm1ne, in L88s8e's or L8IIOI"a name, to endorae the name at Lessee upon any C8ItIIIc8Ie fA litle, bill of ellle, document. ina1nJ'nent, invoice, fnIIght bill, bill d lading or eImIar document relating to the Equfpment in order to vest IIle In l..ee&cr" and Ir8nsfer pclll8t1$sIon to Lessor. s.ctIon 8.02 SecurIty JnIenlst. Lessee does not grant a security Interest In th& equipment to L.esaor. ARTICLE VII: MMfTENANCI!; MODIFICATION; TAXeS; INSURANCE. SectIon 7 .o'lllalntenance of Equipment by LM.... L.esaee lJQI'eU that at all times dLl'ing the fA... TenT! L.e8Iee will. at 1A8He'. 0IMl ooet and expei'lH. maInSain, prelleMt and Iceep the EquIpment In good repair, worldl'll1 on:Ier and condition. Section 7.02 T-. oth..- GoYwmmentai Charges peS utIIit)' Ch.... In the ....nt the use, posaeesion, acqul8lllon ownenIhlp, or transfer of the Eqyipment is subject to IaxaIlon In any form (except for tneame taxes - of LelISor), I..e88ee aha" pay as the same respectively come doe, all sua. taxea and other pemmentaf chIIrves of any kind WhatsolMlr that may, at any Ume. be asnssed or levied against or wIItl respect 10 the 4 - . U88, poster.lm, aoqulllllan. CM'l'Mnh1p. or tnInsfer of t.he equIPment pt.nUllI'It 10 .. Agreement SIcIfon 7.03"'a.nrlClt. N.1tI awn tlCI*l88l1ftd 81 all tIm88 during the I..e88e Term, laMe IhIIlNInt8ln ~Ity. public: IabIIII)' and property dImIIIge lnIurance onlhe Equlpment (or IhaI dei'norlItl'nt 10 "'e 8IMaCtcln of Lal8crthat adequaIII aetf.lnsl.nnce 1& PRNkIed wlth I'8II*t 10.... EquIpment) "dent to PfOIICt Itle F" IriIurabIe Value (mIaflIng the full repIIIoItment... of fle EquIpment If pI.Idlaa8d new or lie then appflCllble PuIcI'l888 Pltce, whldlewr it ~, and 10 pn:lliId IAuor from 81'1)' and 811118b1lly NIItId to Ihe equipment. lJpl;wlfle request of l..eIlsor. IMMe thaII bnIIh 10 u.or Inu8nce <*IticatII& 8nd aICh other matIldlM II neceeawy 10 ,.. ........ ~ of ItI inllurwloe oblIg8tIona _eet lbI1h In this SecIion 7.03. AItemaIveIy. L.... may lneure the equipment under B l.1lanQt IneW1lnC8 policy or poIIcIea lM1k::h <<JtIer not only thlt EquIpment but other pRlpertIee; proyJcIed. however. lha. thlt aJoremenIoned lnadlnot requlremenla .,. MtIa1Ied. If l.eeMe shall I,."...... properties by ~ L.estee will InIunt .... equipment by I1lNfII of an acIequlII8 ~ fund. Alln8Ul1Ulot polIcIN'" nane Leuee and Lasor.. auuta and.... payees according to their ~ Inter8eta In the Equipment 8I'Id'" provide for at IeIIt ten (10) days prior wrItIen noIce by .... ul'lClelWdtlr Of IntUfll1Cl ~ny 10 the I..eIIor In the 8YIIlt 01 canceIIIIIon or ellpIratIon. AR11Ct.E VII: DISCLAIMER OF WAARAN11E8. The equipment Is c.::owred by ....18gI.W prinl8d ~, If 1ftV. t:illti& MllnUfllt'liji'lt'. I.HIiIIii ~ and .... tI1at.... MlnufacUW. WIII1'III1ty pt'OVIdes ...... Yotfh lilt.. and ~ warralrty rightl ancI1hat Le8Ior hat not made any wamanty or rep.-entlltlon with I'8lIP8Ct 10 the Eq\llpmllnt, including but not IImII8d to the implied W8l'r8nly of merchan1IbDIty and the implied wanant)' of 1Itnes8 for a partlallar purpose. ARTICLE IX: OPTION TO PURCHASE PnnIIded L.eisee hu made III peymenIs 0W8d pwauent to Sec::tlon 6.02 ..d Is not In defautt hMKn:ler. ........ may. upon 0MnQ lAe80r not less than ~ (90) days priorwriUen noIIot, eled: to purchase all. but not .. Ihan Ill. of the equipment 01'1 any annual annlversiIry of the Commencement DaI5 for !he applicable Purchase PrIce .. set forth In !he Payment Schedule attached herelo. which .mount shal ~ due and ~bIe on tie day folkM1ng the SMJaI anniversary ~~e Commerloement Dale. ARTICl.& X: ASSIGNMENT; SUBLEASING; AND JNDEMNlFlCAllON. s.ctIon 10.01 No ..... Aulgnment or aubl_ln; by ........ TtU AgrMment lIl'ld the In~ of Lelsee in the EquIpment may not be lIOId. aDlgntld. lraOlfen'ed Of 8I'lCUmbenId by L..... . SectIon 10.02 Aulgnmenl by........ This Agreement. Bnd the obligation of Lessee to make peyIT*Ila hereunder. are net aeelgnable. 1IIIlabIe. Of transferable by t...eeIor. In whole or In part. Section 10.03lndemnltlcatfon Ccwnanta. Tothe 8XIInt petmltl8d by the Iawa and CcnetIIuIIon of the State In which Lessee is Iocate<S, LeaN 8halI proI8Ct, hold hlll'lTllea and Inden1nIfy L.euor from and agal,. any and an liability. obligations. 1oe8ea. claims and 1:\S1 Pdata\OOCUMEN'T"lOOOO92!55.RTF Agenda Item No. 16F4 November 16, 2004 Page 6 of 14 damagee whalaOeV8t. regardlea of C8UM IheAIof. and expenaeIln conntlCtion 1hefwAIh. Indldng. wfthout ImItaUon. domey'8 rea end expens... penilll.. and interest altting out of or as the r8Id of l.ee8ee or lis empIoyeeI' or agwIts negligence wfth regard to 1he Equipment The Indlmnlllcalon .-IsIng under Ihla panegntph shill oonllnue in fuI force and effect nollMfhatandng the fuI payment of aU obI/g8IlCln$ under this Agreement or the tmnIna1Ion of tt'lIlI AQTeement for any reason. AR'11CU! Xl: !VENT8 OF DEFAULT AND RI9IEDIe&. SectIon 11.011!wnla of D41fault Ddned. The foIkMIng ehan COIlftltutean -.Wrlt of default" heRUlder. A. FlIlIunt by I.at8ee tGtIrneIy pay any payment required fl:l be paid heteunder; B. L.Istee.. failure to pertonn lIn)"oIher l.lCM!lnant, condItIon<< obIgaIIon on Ita pa110 be performed. other than for . period of IhIrty (30) d8yI after written no8ce to L.eaee spediylng tlUCh failure and I1IqU8StIhg that II be rumedled. - C. Brea of any m8lerl8l represeMatlon or wa~ by ~ under... Agreement; or D. Comm.-ament by LAIi8iMMt of a case or proceeding under the Federal ~ IaWl!l or filing by Leuee of any petition or anewer eeeklng rworganldllan. arrangement, compoeIIon. readjustment, liquidation or similar niIllef under any u1atng or Mute bankruptcy. lnIcMtncy or oller eImIIar law or an answer admlUlng 'or not oom..lI11g the mlllrial a/IegaIiclr18 of a peCItIon fiIlid egam.t Lw8M In MY such proc:e8dlng; or E. "A P8IlIkin 8g8Jhiit l..IlllI8ii m iii jifOCi6dli1g under any ulating or futI.n bankruptcy, in80IYency or other similar taw IIhaIl be tiled and not wIlhdlBMl or <l8mls8ed wlthln ti1.y (30) dl)'l............ 8ectlon 11.02 ~.. on Default. Upon tne OCCUlT8tlC8 of an event of default, I.esIor.aII h8Ye the light, at Ita IOIe option wIIhout any further demand or nollce, 10 8XIIn::lIe any one or ITlOI8 of !he foIlcM1ng remadIe8: A. WIth or wIfhout ten'nlnatlng lhIs Agi1lement, reDIb poINaIon of the equipment end the AddllIonaI COIIal'illlalllnd sell. ..... or ~.... Equipment IIld !he AddItIonlII CoIIIteraI wI1h the net pI"l)ClIeda thereof 10 be appled to ......... oIlIIgatJonls hereunder. B. Require l.essee at .......'. risk and expense 10 promptly Altum 1he Equlpment In the manner .ndln the oondl1lon .. forth In SecIon$ 5.05 end ".01 hereof; C. If Lessor 18 unable 10 repose... the Equipment Of the AddIIorl8I Call....... for any l'8iIlIon. the Equipment and the Add1IonIl CoIIa1en11 shaI be deemed a Iolal Ioas and L..aee shall r-Y to Lessor the then appllc8b1e. PwdIase Price as set foI1b In the Payment Scihed<<lle attad'led heftllo; and D. WheneYer . default 18 .lCl8tIng. LeIsor may"'dedare all payments In1rnedIaWy due and payable without pnt88ll1met iI, demand, or nob of any kind. In addItIOI'1. l.aMe 8haII be obIlg1ted to payal CCl8tIl ~ ccRectIon. repoIIHlSlon and .lfi:lroement of rightl hereunder including RlUon8ble artI/::ll'ney'8 fees. E. Take whBt.ewr oller ac:tion at law or In equity may appeer neceasary or deelrabte 10 enforce 118 rIghIs u th. owner of the Equipment and the AdditIonal Collateral. SectIon 11.03 No RMledy ExcIut;Iw. No remldy here;, conferred upon Or reserved to I.es8or II Intended to be exduslw end evwy .ucl'l remedy aMll be c:umulatlw and shall be In addlllon to every other 5 remedy gillen under flls Agreement or now or herutter 8ldstIng It law or In equity. No deIIIy 01' omlAIon to exerc:lle any right or ~ 8ccrui'l8 upon any default ..... 1m... any IUCIl rtgPlt 01" power or lIhal be construed 10 be . __~, but any IUCIl ~ht and power may be exenised from time to lime and . often .. may be dlIemed I!lllp8dlllnt ARTICLE XI: ..CEIl ANEOUS. SectIon 12.01 NalIceL M noIclN or 0Iher cornmul'llcatlons hefeuncler INllI be auflldently given and 8haII be deemed ~ when deIMnd by facIlmUe with proof t:I SUCCMIfuI tr'II'lIrnINIon, by OV'ltmlght COUI1er, or v.tlen maIId by ~1Id 1l'l8II, paRIge prepaid, to 1he ..... at Iherr n!lIIpectIye pI8cM 01 buIInll8lL s.ctton 12.02 Blmlng EftIect. This Agreement aha. lnl.n to the benefit of Iftd shaI be binding upon Leeeor and l..essee IIIId retpeCINe IUCCleIIIOra and 8I8Igna. hc:tion 12.03 SewnlbIDt)'. In the event anv pnMeIan 01 the AgMement ah8I be h8Id IIW8I1d or unenforoeable by any court 01 CCl'l'lpItent,k.wledlc:lon, auch holding .... not InVlllldllte Of render unenJorceable any other provI8Ion heAlof. SectIon 12J14 Ex8cuIIon In ~ ThIa Agreement may be 8lIKUt8d In multiple counIerpar1s, each of whidlllhal be.. original and all of 1IIot'l1ch ahaU COMtItute but one and .. sane Instn.Im8nt. 8ectIon 12.85 PcMw oIll11amey. ....... hnby aulhorlzea LeIlIor to.. IRS Fom1803&-G 01" 8038-GC on behalf of LeIeee,1IIot'l1ch pn:Mdee tnrorma1lon to the IRS on lax ....Ieraaes ancIlnltIallment.... ........ herebylpp(llnls Le8Io(s IeplMeiI"". atTorney In f8d8clely & !he IUPoie CI iIgiWlQ the above refwenced ilfonnetlonal folm. SKtlon 12.G1 AppIk<IbIe Law. ThIs agreement ItIaII be governed by end conetru8d In ac:cord8l1C6 with the lawa 0Ilh8 stlIIB of lllncla. s.ctIon 12.07 EnUre AerMment. Thll Agreement CXJn8Iltuee$ ihe ..lint ....,..m bet.ween I..eIl8or and Lessee and tT'i8y not be amended, 8lteNd 01" mocIfled exeept by writII8n In8ln.ment Ii(I'led by Lessor and Lasee. Any tI8mulllnd c:anditionI 01 any puUlaIe order 01" other doQ.ment (with !he 8lCC8PlIan of SUpplcwMnta) aubmltled by l..eI8ee fn conn~ wIh IhIs Agreement whId'l ..In addIlon 10 or hooll8l8lent wIIl1tMt terms and 0ClI'ldllklna d Ihls Agreement.. not be binding on I..-.or ..d wi! not apply to INs Agreeme!1t. L.essee by the ~ of Ita authortz8d ,ep.ueI.1a111I8 ~~ 1hat It has read IhIa Agl'eement. understBnds It, end agrees to be bol.nd by Its I8Im8 and c:ondl1tana. 8Ktton 12.08 Forum StIIedIon Met ConMnt to . ",urtldlction.. AIrf lIIpIon bIeea hel'8Clfl, or IriIIng out of, under. or In conneclIon Mth, thla Agreement or any courM d oonduct, courM d deIlIng. stUlmenta (whether wrt)al or 'M'lUen) or acliGns of the l.8lI8Ot or lhe l..eeMe lIhaI be ~ line! ma1ntaIn8d exdU8lvely In 1he c:ow1a of the SIlIt8 of IUlncla or In the Unltad 8tlIIl8s lJiWlct Court for the NclrtIwIm DI8trIct d 1Rnob; DrOIIided. bImtiII:. that any 8UIt seeIcJng MlfOloe.nent agalnst any ooJIateraI or OCher property may be brought. at lie 1eIeor'. apIIcn, In 1he COUI'ta of My jurl8dlclon whefe sudl coIIaWlIl or OCher p~ may be fr:Mm. Each of the l.e88or and Ihe L..es8ee hereby ~ and Irrevocably IUbmlIS tc> ftIe JtddIcIon of the Cour18 of the Slate of Illnoll and the UnheCI SlIi... 0IslI1ct Court for the Northem Distrtct d IIIInoII for the ~. of any such ntigatlon .. set forth abOWI and Irrewc:ably 8QfMS to be bound by any judgement r8ndentd lhel9by 1:\S1Pdatl\OOCUMEN"J'\000()g255.RTF Agenda Item No. 16F4 November 16, 2004 . Page 7 of 14 In cannecllon wtIh such Rllgation. Each of the Lessor and Leaee fiI1her lrrewclIbIy consenta to 1he service 01 procees by regll6nd mall, p08Iage prepaid, or by pInIonaIl8Mce wllhJn orWJthout the Stale of illinois. Eadl d Ihe L.euor IltId l..aeMe henlby .....Jy and lrrevoc8bIy walvel, to the ft.IIellt exI8nt per..ltied by law, ~ objeclIon which It may haw now or here8tler to lie laying of wnue of any 8uch ItIgation brought In . any IUCh court l8femId to ~ and 8fty claim 1hat any such IIIlgatIon hu been brought In IltIIncorMInIent fona'n. To the ....Ihat the 1MI8e has or hereafter may acquire .ny IrmUlItyfrom jult8dIcIon of any court or from any legal prOO8I$ (Wlh8'- through service or no1Ice, 8Iachrnent prior to judgement, attachment in aid of elC8CUCIon or 0lh8MIM) ., fIilIJ)8Ct to tIseIf or Its propeI1y, lea8ee hMby ImNocIbIy walY8a such immunity In nsapec:t dlla obIIgdons Lrder this Agreement. SKtlon 12.Oe WIlNer of Jury T..... The Lessor and the LeIeee hereby knowingly, wll.r\taI'Iy and InIentionaIy waive any rights fley mey h8w 10 a trial by jury in n!lIIpeCI of any ItIgdon blINd hereon, or arising out d, under. or In (lex .nedIon v.flh, this AQAMment or any CClU/W of conduct, COUlM ofdMllng. 8IlItements (wheIher WIbeI or lM'itIen) or 8CIons of the I.eaeor or the l..eeIee. The l.esNe acIcnowIecIges and .,... "t I: ... receIvect fuI and sutIclenI coneIderatIon for !hit pruwIaIon and Ih8t tis provieIon Ie . material ildueement for the ........ entering Into this ~t. 6 Agenda Item No. 16F4 November 16, 2004 Page 8 of 14 THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDmONS PRINTED ABOVE WHICH ARE MADE A PART HEREOF. Date: \I ~~AND~Aet:r(Of''''''__ e-one, Inc. (\.eIIor1 Isles of Capri Fire & Rescue District ~_....... 1'IIIt.........__......___.. _....~.._.,....~...__. By: By: 'f I Title: 'f lltle: A~~~~ I.,w.,wt ....., 1:\$1 Ptl8ta\OOCUUENT'\00009255.RTF 7 Agenda Item No. 16F4 November 16, 2004 Page 9 of 14 I Lease No. 5396.001 Lessor: E-One. Inc. 1415 W. 22nd Street, Suite 1100 Oak Brook, IL 60523 800-934--6569 Phone: Lessee: Isles of Capri Fire & Rescue Oisirict 175 Capri Boulevard Naples. FL 34113 Assistant Chief Allan Maclaughlin 239-825-9074 Contact: Phone: QUANTfTY EQUIPMENT oe~ /~ .....UodIt, SetlII No. and,,~1 1 E-One C4-4O Rescue Pumper Fire Apparatus MounI8d on an E-On. Typhoon 4-OOOr Tllt-Cab chassis L.... Term Total I t Cost Rent Due iPliriod\ NoJAmount of Rental Pavmenl$ 120 MOnths $ 289,973.00 Annually In Amlin s... ~ KhedIAe 1IlIIdIoCl_.nc1 ".... pllIt '*llOI~SdleduI4l") ACCEPTANCE CERTIFICATE The undersigned, as Lessee under 1I1e Municipal Lease and Option Agreement (the -Agreement") referred to above, acknowledges receipt in good condition of all of the Equipment above described as of the date set forth below (the "Commencement Date") and certifies that lessor has fully and satisfactorily perfonned all of its covenants and obligations required under the Agreement. Lessee hereby certifies that the description of the personal property set forth above constituteS an a0CUf8te description of the "Equipment" and further certifies that the location of the Equipment is 8S stated above unless otherwise indicated below. Lessee unconditionally accepts the Equipment for all purposes of the Agreement as of the Commencement Date and agrees that it will commence payments in accordance with Article V of the Agreement. r Commencement Date Isles of Capri Fire & Rescue District (Lessee) ey:f Tltler , LESSEE: PLEASE RETAIN THIS PAGE, IF NECESSARY, FOR EXECUTION UPON ACCEPTANCE OF THE EQUIPMENT AND THEN RETURN SAME TO lESSOR. 1'\.C:;1PrU1tA\rlO(".llUFNT\~ RTF "" n_ . e Agenda Item No. 16F4 November 16, 2004 Page 10 of 14 COLLIER COUNTY DA VID C. WEIGEL COu..IBR COUNTY A'ITORNEY 3301 East Tamiami Trail Naples, FL 34112-4902 Telephone.: (239) n4-84QO Facsimile: (239) 774-0225 October 19, 2004 Heidi P. Alhwu Jennifer A. BeJ.pedio BUen T. O1adwell Joffrey A. Klatzkow WiUWn B. Mountfo:rd 'I'homas C. Palmer Michael W. Pettit Iacque.tine Hubbard Matjorie M. Student Scott. R. Tach Plltridc O. White Robert N. Zachary E-Qne, Inc. do Federal S!gnal Leasing 1415 W. ~ Streett, Suite 1100 . Oak Brook. IL 60524 Re: Municipal Lease and Option Agreement No. 5396-001 (the "Agreemenf') Gentlemen: _. As counsel for the Isles of Cllpri Fire It "-.cue Dllltrlct (Lessee). I have examined the above-referenced original Agreement between Lessee and E..()ne. Inc. (Lessor), and the proceedings taken by Lessee to authorize and execute the Agreement. Bated upon such examination of law and fact as I have deemed necessary or appropriate, ( am of the opinion that: 1. LesSee is a publiC bOdy, cOrpOrate and politic, duly organized, legady eXisting under the laws of the State of FIorkfa. 2. The Agtgement has been duly authorized, executed and delivered by Lessee pursuant to constitutional, statutory and/or home rule provision which authorized this transaction In accordance with Its terms and conditions. 3. The Agreement is a legal. valid and binding obligation of Lessee, enforceable in accordance with its terms. In the event the Lessor obtains Judgment against Lessee in money damages. as a result of an event of default under the Agreement, Lessee wUI be obligated to'pay such judgment. 4 No litigation is pending or, to the best of my knowJedge, threatened in any court or other tribunal, state or federal. in any way questioning or affecting the validity of the resolution or the Agreement. 5. The signature of the official of Lessee which appears on the Agreement is true and genuine; I know said official and know hlmlher to hold the office set forth below hlsiher name. 6. Th6 Lessee is Ii politicaisUbdivislon within the meaning of Section j 03 of the lntemaJ RevenUe Code of 1986, as amended, and Treasury Regulations and Rulings related thereto. That portion of rental payments made by Lessee during the Lease Term Identified as interest, .upon receipt, will not be Includable as federal gross income under appliCable statutes, regulations, court decisions and rulings existing on the date of this opinion and consequently will be exempt from present federal income taxes. OFFICE OF THE COUNTY ATTORNEY 'SN.2~ -? Assistant County Attomey 00: David C. Weigel, County Attorney Agenda Item No. 16F4 Novennber16,2004 Page 11 of 14 Payment SctMtdule Lessee: Isles of Capri Fire & Rescue District Equip: E-One C440 Typhoon Rescue Pumper Lease No: #5396-001 Number and frequency of payments: 110 Annual payments In arrears Interest computed at 4.78 % per annum Purchase price Payment Payment applied to (remaining Amount Interest Principal balance) T alaI sales price $289,973.00 Trade-in alloWed 15,000.00 274,973.00 Down pt:lyment 0.00 274,973.00 Payment 1 35,230.81 13,143.71 22,087.10 252,885.90 Payment 2 35,230.81 12,087.95 23,142.86 229,743.04 Payment 3 35,230.81 10,981.72 24,249.09 205.493.95 Payment 4 .35,230.81 9,822.61 25,408.20 180.D85.75 Payment 5 35,230.81 8,608.10 26,622.71 153,463.04 Payment 6 35,230.81 7,335.53 27,895.28 125,567.76 payment 7 35,230.81 6,002.14 29,228.67 96,339.09 Payment 8 35,230.61 4,605.01 30,625.60 65,713.29 PaymeIit 9 35,230.81 3,141.10 32.089.11 . 33,623.58 Payment 10 35,230.61 1,607.23 33,623.58 0.00 T otats 352,308.10 71,335.10 274,973.00 Balances not paid when due shall be subject to past due interest at the rate of 18% per year or the highest rate permitted by law, whichever is less. Interest accrues dally, at the rate Indicated above, on the outstanding principal balance (listed In .Purchase priceM column). E-one. Inc. Lessor Isles of Capri Fire & Rescue District Lessee By: By. f Trtle: f TItle: 4pprKt5-;~ Aaistaut ~ntj' AttotD&J' Agenda Item No. 16F4 November 16, 2004 Page 12 of 14 purance Coveraae Reauirements (This letter should be given to your insurance broker/agent to ensure proper coverage and ctocumentation) (PLEASE NOTE: COVERAGE NEED NOT GO INTO EFFECT UNTIL DELIVERY) Subject: e..one C440 Rescue Pumper FIte ApparalU$ Mounted on an e-One Typhoon 4-Ooor Tilt-Cab Chassis Ladies and Gentlemen~ Under the terms of the Municipal Lease and Option Agreement between the Isles of capri Fire & Rescue District and E-One, lnc. the following insUrance coverage Is required: a. Auto Physloal Damage/Collision coverage for the fuR value of the equipment. b. AutomObile Comprehenslv8li'heft coverage fOr the full value of the equipment. c. Auto LiBblHty Insurance in the amount of $1,000,000. All coverag. shaH be evidenced by Certific:8te of Insurance naming E..()ne. Inc. 8$ AddltionallnsUred and Loss Payee. Please issue a Certificate of Insurance at your earliest convenience and forward to: e-One. Inc. c/o Federal Signal Leasi'lg 1415 W. 22nd St, Suite 1100 Oak Brook. IL 60523 Attn.: Joanne D8'egan Your prompt reply is most appreciated. ShoUld you have any questions regarding thiS matter. please feel free to oontact me. Isles d CaDrI FIre & Rescue DiStr~ ("Lessee' By: ~I ~rl'-"v',l lA Title: R,. K. 4." :jUl.. 1n 1:\51 Pdata\OOCUMEN'T'\0C009255.RTF Agenda Item No. 16F4 November 16, 2004 Page 13 of 14 Effective December 31, 1986, IRS Form 8038-G must be filed for each Issue of tax-exempt governmental bonds of $1 00,000 or more. In this transaction, you, as Lessee, are the Issuer. This fonn is for Information purposes only, BUT IT MUST BE RLEO. We have filled in the fonn, except for signature (at bottom). is8Uer's employer identification number (pail, line 2), and issuer's report number (part I, line 4). If this will be your first flUng of a Form 8038-G next year, )lOUt' report number would be 2005-1. Please have an authOrized representative sign the form, flU In' the remaining information (Part I, lines 2 and 4), and return It to Federal SIgnal Leasing. We will file It with the IRS. Please Note: Your Employer ldentiftcatlon Number Is requIred on this fann. Your cooperation is sincerely appreciated. VERY IMPORTANTI 1:\S1Pdala\DOCUMENT\OOOO9255.RTF J2 ~~38-G 1 16_1"$ name Isles of Ca ri Fire & Rescue District 3 Number and Sll'llllt (or P.O. bolt If mall is not delill8l"&d to alreeladdr8..) 175 Ca ri Boulevard 5 City. town. 01' post otrlce. sUIte. an<! ZIP oo<1e Na lesJ FL 34113 ., Name 01 issue Agenda Item No. 16F4 information Return for Tax-Exempt Govemmental Obligations No ember 16, 2004 Page 14 of 14 ... Under IntwrIaI ~enue Code section 148(e) OMS No. , 545.,3720 II> See....... lnatruc:tlons. Caution: 1ftfM) alle price Is UIlder $100,000, use Form 8038-GC. If 2 I Retum. check here II> . ~oyer IdIlntItlclJlon numbllr .. 600055'"& RoomhIlIite 4 Repoti number 3 2004- . Oa18 of'lsul! rting Authori s CUSlP number $ Name and ... of oIlcer or 'egaI le(l(9aenl8liYl whom lh. IRS may call for more inl'onftetiOfl 10 TeIepl>one number 01 ~ Ot l/IQllI nopIIO_"" PaI1.II' TYpe of Issue (check llcable box as) and enter the Issue price) See instructions and attach schedule 11 0 Education . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . 12 0 Health and hospital. . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 0 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 IX] Public safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 0 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 0 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 0 Utilities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . 18 0 Other. Describe... 19 If obligations are TANs or RANs, check box... 0 If obligations ere BANs, check box. , . . .. ... 0 20 If obligations are in the form of a lease or insteftment &ale, check box ................. ... Part tit.: Descri on of Obligations. (Complete for the entire issue for which this form is being filed.) (at FioaI mawrily dale (b) 'Hue price (e) ~led NdlImption (II) Weighl8~ pnc:e al_turlty I1IllI8ge malunly 10 ears 74 973.00 (e) Yield $ 274 973.00 $ ',.W Uses of Prooeeds of Bond Issue Inductln underwriters" discount 22 Proceeds used for accrued interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 23 Issue price of entire issue {enter amountfrom line 21, column (b)) . . . . . . . . . . . . . . . . . . . , . . . . ,. 23 274 973.00 24 Proceeds used for bond issuance costs (including underwriters' discount) 24 2S Proceeds used for credit enhancement. . . . . . . . . . . . . . . . . . . . . . . . . . . 25 26 Proceeds allocated to reasonably required reserve or replacement fund .. 26 27 Proceeds used to currenUy refund prior issues . . . . . _ . . . . . . . . . , . . . . . 27 28 Proceeds used to advance refund prior issues . . . . . . . . . . . . . . . , . . . . . 28 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 30 Nonrel'undi roceeds of the issue (subtract line 29 from line 23 and enter amount here ........ 30 274 973. 00 ~:\li De6cri ion of Refunded Bonds this rt onI for refund. bonds. 31 Enter the f8lTlaining weighted average maturity of the bonds to be currently refunded . . . . . . . . , .. ... 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . . . . . . . .. ... 33 Enter the last date on which the refunded bonds will be called ..................,......... II> 34 Enter the date(s) the refunded bondS were issued .. Pal.tt vr Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under sectlon 141{b)(5) .. . . . . . . . 35 36a EnW the amount of 9106$ proc:8llds inv88t8d or to be InveMed In a ~annleec:l il\'lle$lmel1t contnICt (see inslructions) .... 38a b Enter the final maturity date of the guaranteed investment contract ... 37 Pooled 1i~s: a Proceeds of ItIs ilSUelhllt are to be used 10 make loanS to other gcwemmll'ltlll trils . . . . . . . . . . . 37a b If this issue is a loan made from the proceeds of another tax-exempt issue. check box II> 0 and enter the name of the issuer II> and the date of the issue ... 38 If the issuer has designated the iuue under section 265(b)(3)(B)(I)(IlI) (small issuer exception), checl< box ............ ... 0 39 If the issuer has e1eeted to pay 8 penalty in lieu of arbitrage rebate. check box , . . . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . .. ... 0 40 If the issuer has identified 8 h e, aheck box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... Under penaltle$ 01 perjuty, I dare flat I "'\ill_mined .... return and .c:c:ompan~ng sc:hedules end .l8lemenl$. 8I1Cllo the bMl of my knowledge and beUel. SlHe9"re lhey.~ true. ~~Ie. ( ~ ^ ~ JU~;Z/~d,{ ~ EM'.l~D ~!"'~S""Iit"t.. r:...e. CHie~ , Signiture of 1_'1 MIItlor1~ 0.10' T~ or prine name and ti.. I For Paperwork Reduction Ac.t Noti~" see page 2 of the InatructlOM. lSA Form 8038..0 (Rev. ".2000) STF FED6403F 4.78% years years .- Agenda Item No. 16F5 November 16, 2004 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve a Lease Agreement with East Naples Fire Control and Rescue District for shared use of future Fire Station 22 at a total cost to the County of $469,530. OBJECTIVE: That the Board of County Commissioners (Board) approve and authorize execution of the attached Lease Agreement (Lease) with East Naples Fire Control and Rescue District (District) for shared use of Station 22, to be constructed at 4401 Bayshore Drive, Naples, Florida. CONSIDERATIONS: In order to reduce costs associated with purchasing land and constructing Emergency Medical Services (EMS) and fire safety facilities, the EMS Department has made it a practice of requesting to share space at new fire stations when feasible. EMS has reached an agreement with the District to share space at the District's new Station #22. The District will own the property and the building with the County as a tenant leasing approximately 37% of the facility, or 3,579 square feet, excluding hallways and the shared areas listed below. The initial Lease term will be for five years with five additional five-year renewal periods. There will not be an annual rent charge, but EMS will contribute $469,530 or 37% toward the estimated construction cost of $1,269,000. EMS will have exclusive use of one apparatus bay _ and the remaining facility (use of bunk rooms, recreation rooms, kitchen, and restrooms, etc.) as needed. EMS will also be responsible for 37% of the cost of all utilities, lawn maintenance, and facility maintenance. Likewise, EMS will receive 37% of any income derived from leasing any portion of the facility, say for example, a communications tower. The Lease has been reviewed by EMS, the County Attorney's Office, and Risk Management Department. FISCAL IMPACT: The County's portion of Station 22 in the amount of $469,530.00 will be withdrawn from Emergency Medical Services Impact Fees Fund (350). GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board approve and authorize Chairman Fiala to execute the attached Lease Agreement. - Agenda Item No. 16F5 November 16. 2004 Page 2 of7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F5 Meeting Date Recommendation to approve a Lease Agreement with East Naples Fire Control and Rescue District for shared use of future Fire Station 22 at a total cost to the County of $469.530 11/16/20049:00:00 AM Prepa red By Date Michael H. Dowling Property Management Specialist 1011120041 :58:59 PM Administrative Services Facilities Management Approved By Charles E. Carrington, Jr., SR/WA Real Estate Services Manager Date Administrative Services Facilities Management 1011120043:59 PM Approved By Jeff Page EMS Director Dale Bureau of Emergency Services EMS 1015120043:27 PM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 1015/20043:33 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 10112/200411:54 AM Approved By Skip Camp, C.F.M. Facilit.ies Management Director Date Administrative Services Facilities Management 10/18120041:56 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 10/19/20049:49 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/1912004 11 :46 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/19120043:10 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/9/2004 1 :03 PM Lease # Aoenda Item No. 6F5 November 16, 004 Page 3 of 7 LEASE AGREEMENT . f 2004 between East Naples LE.ASE AGREEMENT entered into thiS _ day 0 ". I . THIS . . . ecial District of the County of Collier, State of Fonda, Fire Control and Rescue Dlstflct, an Indepe~dc~t i~JOI;da, and its successors, whose mailing address is 4798 created under Chapter 65-1413 and 79-444. Laws 0 f d "LESSOR" 'md COLLIER COUNTY. a Davis Boulevard, Naples. Florida 34112, heremafte~.~e err~cWro sl1~s 3301 East'T;miami Trail, Naples, FIOlida political subdivision of the St~te of Fl.on,~a, whose mal 109 a es 34112, hereinafter referred as LESSEE. WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR one (1) apparatus bay, hereinafter referred to as "EMS Department Area," and the access and use of the entire facility shall be shared bv LESSEE ,rod LESSOR. hereinafter referred to as "Shared Area", at Station #22 which is located at 4401 Bayshore Olive, Naples, Florida, hereinafter referred to as the "Demised Premises". LESSEE and LESSOR agree that LESSEE'S shared use of Station #22 shall be thirty-seven percent (37%). This figure shall be used for calculating all of LESSEE'S future conttibutions throughout the life of the Lease concerning maintenance. repair and replacement costs as well as the tigure used in order to received a share of any income that may be generated by Station 22, including. but not limited to, communications towers. ARTICLE 2. Telm of Lease LESSEE shall have and hold the Demised Premises for a term of live (5) years, hereinafter referred to as the "Initial Term." commencing on the date in which LESSEE'S improvements to the Demised Premises are completed. hereinafter referred to as "Commencement Date." LESSEE shall advise LESSOR, in writing, of the Commencement Date. Provided LESSEE is nol in default of any of the terms contained in this Agreement, this Agreement shall be automatically renewed for five (5) additional and separate five (5) year terms, upon the tenns and conditions set forth in this Agreement, so long as neither LESSOR nor LESSEE shall give notice to the other of such party's election not to renew this Lease prior to the expiration of the then-existing Lease term. During any Renewal Term, the LESSEE or LESSOR may terminate this Agreement, with or without cause, upon sixty (60) days prior written notice of such termination to the other party at the address set forth in ARTICLE 13 of this Agreement. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. This Lease shall terminate upon transfer of ownership of the Demised Premises from LESSOR to another person or entity. ARTICLE 3. Rent and Initial Contribution In liell of rental payments for the Demised Premises, LESSEE shall provide emergency medical services when such need arises for the sole pUI1JOse of protecting the lives of citizens and visitors of CoWer County. At the time of the execution of this Agreement. LESSOR and LESSEE acknowledge that the LESSEE shull contribute to the overall cost of the construction of the Station. With LESSEE'S thirty-seven percent (37%) use of the Station, LESSEE has agreed to provide LESSOR with 37% of the overall 'estimated' cost of the total One Million Two Hundred Sixty-nine Thousand Dollars ($1,269,000,00) for the Station's construction, In the amount of Four Hundred Sixty-nine Thousand Five Hundred Thirty Dollars ($469.530.00), hereinafter referred 10 as "Contributed Costs." ARTICLE 4. Renewal Term Rent The re.nt set forth in ARTICLE 3 shall remain the same throughout the term of this Lease, ~ Agenda Item No. 6F5 November 16, 004 ARTICLE 5. Utilities and Incidental Expenses Page 4 of 7 LESSEE shall utilize the existing utilities presently utilized by ~SO.R such. as, bu~ n~t li~ited to, t. sewer w"<er including potable water, electricity. telephone. jaOltonal servIce, building tnsurancc sep IC or . lR, " SOR hall' ' LESSEE gardening and outdoor maintenance. hereinafter referred to as "Expenses:. LES. s mVOlce . on a monthly basis for a pro rated fee of approximately 37% of the utility ~ervlce~ charges at the I?emlsed Premiscs, including electricity, water, sewer. trash removal, lawn care an~ bUIlding tnsurance. All parties shall meet annually to mutually agree on a set monthly payment for the upcomtng year to cover the aforementioned invoices. ARTICLE 6, LESSEE'S Compensation for Improvements LESSEE acknowledges that the LESSOR may sell the Property during the Initial Term or during the Renewal Terms of this Agreement. In the event the LESSOR accepts any contract for the sale of the ,Property, the LESSOR shall notify LESSEE of the sale by providing the LESSEE with written notice at least mnety (90) days prior to the actual closing date of the Property, or earli~r, if possible. T.he notification shall in~lude the closing date of the Property along with a ninety (90) day notice to vacate. ~llld not1c~ shall be effe~t1ve up~n placement of the notice in an official depository of the United States Post Office, RegIstered or Certified Mall, Postage Prepaid. If the LESSEE is required to vacate the Demised Premises during the initial five (5) year term, including constructive eviction, the LESSEE and LESSOR agree that LESSOR shall reimburse lESSEE one hundred (lOO) percent of the actual costs incurred by LESSEE to complete the Improvements if LESSOR sells the Property during LESSEE'S first year of occupancy of the Demised Premises. Following the first year of occupancy, the value of the Improvements will depreciate by twenty (20) percent of the actual costs of the Improvements for each year during the Initial Term in which the LESSEE occupies the Demised Premises. The balance of the actual costs shall be reimbursed to the LESSEE as described below by LESSOR within thirty (30) days from the date in which the LESSEE is required to vacate the Demised Premises. At such time, said lmprovements shall become the property of the LESSOR. (based on the above-referenced Estimated Cost of the Improvements being $469.530.00) First Year: From the Commencement Date 2004 to the anniversary date 2005, amount reimbursed to LESSEE shall be 100% of the actual cost (Estimated Cost is $469,530.00) Second Year: From anniversary date 2005 to anniversary date 2006, amount reimbursed to LESSEE shall be 80% of the actual cost (Estimated Cost is $375,624.00) Third Year: From anniversary date 2006 to anniversary date 2007, amount reimbursed to LESSEE shall be 60% of the actual cost (Estimated Cost is $281,718.00) Fourth Year: From anniversary date 2007 to anniversary date 2008, amount reimbursed to LESSEE shalL be 40% of the actual cost (Estimated Cost is $187,812.00) Fifth Year: From anniversary date 2008 to anniversary date 2009. amount reimbursed to LESSEE shall be 20% of the actual cost (Estimated Cost is $93,906.00) No compensation shall be required for the improvements by LESSOR, or due to LESSEE, for the Renewal Term following the Initial Term of this Agreement. ARTICLE 7. Default LESSEE shall, in no event. be charged with default in the pelformanec of any of its obligations hereunder unless and until LESSEE shall have failed to peli'orm such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSEE by LESSOR properly specifying wherein LESSEE has failed to perform any such obligations. Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, LE..<iSOR may. at its option, terminate this Lease after sixty (60) days written notice to LESSEE. unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default)- LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to pelform such obligations within thirty (30) days (or such 2 . additi:nal time as is reasonablv required to correct such default) after notice to LESSOR by lES_Nlprbpdtbm No. 6F5 , . 'h bl' . ovember 16 004 specifying wherein LESSOR has failed to perform any sue 0 IgatlOns. Page' of 7 Failure of LESSOR to comply with any provision or covenant of this Lease shall constitute a default, LESSEE may, at its option, terminate this Lease after six.ty (60) days written notice to LESSOR, unl~ss the default be cured within the notice period (or such addItional tnne as IS reasonably requIred to correct such default). ARTICLE 8. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premis.e~' LESSEE will provide to LESSOR all proposals and plans for alter~tiOl~s, imp,rovements, changes or addluons to. the Demised Premises for LESSOR'S written approval, specifylOg m wntlOg the nature and extent of the deSIred alteration, improvement, change, or addition, along with the contemplated starting and completio~ tim~ ~or such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny III wntmg said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably Withhold Its consent to required or appropriate alterations. improvements, changes or additions proposed by LESSEE. If after thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenanL~ and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises. to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. LESSEE covenants and agrees not to use, occupy. suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose comrary tD law or the rules or regulations of any public authority. ARTICLE 9. Access to Demised Premises LESSOR and LESSEE, their authorized agents, representatives and employees shall have equal access to the Demised Premises or any part thereof, unless expressly limited by this Lease. ARTICLE 10. Assignment and Subletting LESSEE covenants and agrees not to assign this Agreement or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of lESSOR. Any such assignment or subletting, even with the consent of LESSOR. shall not relievc LESSEE from liability for payment of rent or other sums herein provided or from [he obligation to keep and be bound by the terms, conditions and covenants of this Agreement. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Agreement or to be a consent to the assignment of Ihis Agreement or subletting of the Demised Premises. ARTICLE 11. Indemnity LESSOR shall indemnify and save harmless the LESSEE from and against any and all claims, actions and suits. and from and against any and all losses, damages, costs, charges, reasonable attorneys' fees, payments, expenses and liabilities which LESSEE may sustain or incur due to the negligent act or omission of LESSOR. LESSEE shall indemnify and save harmless the LESSOR from and against any and all claims, actions and suits. and from and against any and aU losses, damages, costs, charges, reasonable attorneys' fees, payments, expenses and liabilities which LESSOR may sustain or incur due to the negligent act or omission of LESSEE. ARTICLE 12. I!l.surance LESSEE shall take out and maintain during the course of this Agreement, or any renewal thereof, comprehensive general Ii abiJi ty coverage including bodily injury and property damage, premises and operations coverage, products and completed operations coverage, broad fonn property damage coverage. automobile liability coverage including owned automobiles, non-owned automobiles and hired automobiles and contractual liability coverage in an amount of not less than one million and 00/100 dollars ($1,000,000.00) combined single limits. These insurance policy(ics) shall rel1ect LESSOR as an additional insured. If LESSEE falls under the State of Florida Worker's Compensation Law, coverage shall be provided for all employees. The coverage shall be for statutory limits in compliance with the applicable State and Federal 3 · laws.'~he policy must include Employer's Liability with a limit of one hundred thousand and ~~o:=r ~~', ~~~ ($100,000.00) each accident Page 6 of 7 ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Board of Fire Commissioners East Naples Fire Control and Rescue District 4798 Davis Boulevard Naples, Florida 34112 cc: Fire Chief cc: Officc of the County Attorney Emergency Services Department Chief ARTICLE 14. SUlTCnder of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises and any improvements made to the Demised Premises upon expiration of this Agreement. or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the telm of this Agreement or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and Lear excepted. ARTICLE] 5. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSEE acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain fTom any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard opemlions where other operations share common facilities. LESSOR grants LESSEE approval for placement of signage, to be approved by LESSOR, at entry points of the East Naples Fire Station No. 22. The cost of such signage shall not be taken into account in determining LESSEE'S costs pursuant to ARTICLE 6 of this Lease. Should LESSOR elect to terminate this Agreement, with cause, LESSOR shall compensate LESSEE for those actual costs associated with the Improvements made to the Demised Premises based on the calculation formulated in Article 6 of this Agreement. Should LESSEE elect to terminate this Agreement. with cause, LESSOR shall compensate LESSEE based on the calculation formulated in Article 6 of this Agreement for those actual costs associated with the Improvements made to the Demised Premises. ARTICLE 16. Radon Gas In compliance with Section 404.056. Florida Statutes. all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who arc exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health untt. ARTICLE 17 Effective Date This Agreement shall become effective upon execution by both LESSOR and LESSEE. 4 I ". ARTICLE 18. Governing Law Agenda Item No. 6F5 November 16, 004 This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Page 7 of 7 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: EAST NAPIES FIRE CONTROL AND RESCUE DISTRICT .BY: . ------ TOM CANNON, Chaimian , Secretary WITNESS (signature) I . print name WITNESS (signature) print name AS TO THE LESSEE: DATED: AITEST: DWIGHT E. BROCK, Clerk BOARD OF COlJI'll'TY COMMISSIONERS, COLUERCOUNTY,FLORIDA BY: BY: DONNA FIALA, Chairman . Deputy Clerk Approved as to form and legal sufficiency: ~'" ( ~/lkw --.~ "-'-1'~ ~.J I " hornas C. Paliner ' Assistant County Attorney --~..._.--' ~ 5 Agenda Item No. 16F6 November 16, 2004 Page 1 of 4 .-. EXECUTIVE SUMMARY Approve sole source purchase of "AutoPulse" for placement on all Collier County Emergency Medical Services Department units. OBJECTIVE: To maximize the survival rates of patients which fall victim from an out- of-hospital sudden cardiac death CONSIDERATION: Sudden cardiac death continues to be one of the leading killers in the United States. In Collier County last year, the EMS Department responded to over 250 sudden cardiac arrest calls. Last year, the department recorded the highest resuscitation rates in the history of the department. The Collier County Emergency Medical Services Department feels it can improve the resuscitation rates in Collier County by taking a proactive role in the purchasing and deployment of the AutoPulse to all the EMS units. ~ Revivant Inc. of Sunnyvale, California has patented (patent number K032852) a product called the AutoPulse, which is a machine that provides the most effective external mechanical chest (thoracic) compression's ever documented in medical literature. During our initial field test the Autopulse was deployed on five patients, two of the patients were successfully resuscitated with a pulse upon arrival at the hospital. Revivant Inc. is the sole provider of this product. Staff has conducted a search for similar products and has found none. FISCAL IMPACT:. Funding in the amount $299,989 is budgeted for the AutoPulse in Fiscal Year 05" Source of funding is EMS Impact Fees". GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: The Board of County Commissioners waive formal competition and approve the sole source purchase of AutoPulse from Revivant. ,.-. Agenda Item No. 16F6 November 16, 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F6 Meeting Date TI1at the Board of County Commissioners waive formal competition and approve the sole source purchase of AutoPulse from Revivant. ($299,989) 11/16/20049:00:00 AM Prepared By Dale Jorge Aguilera Division Chief 9/9/2004 9:36;29 AM Bureau of Emergency Services EMS Approved By Barbara Brown Administrative Assistant Dale Bureau of Emergency Services EMS 9/29/20048:29 AM Approved By Jeff Page EMS Director Date Bureau of Emergency Services EMS 1015/2004 9:40 AM Approved By Scott Johnson Purchasing Agent Dale Administrative Services Purchasing 11/21200410:52 AM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 11/2/2004 1 :33 PM Approved By Dan E. Summers Bureau of Emergency Services Director Dale County Manag"r's Office Bureau of Emergency Services 11/2/20041:42 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3120049;13 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11181200412:56 PM Approved By Michael Smykowski Management & Budget Dir"ctor Oate County Manager's Office Office of Management & Budget 11/8120042:30 PM Approved By James V. Mudd County Manager Oat" Board of County Commissioners County Manager's Office 1118/20045:04 PM \11R '7(~! ~~t~/cI- Revivant Corporation 775 Palomar Avenue Sunnyvale, CA 94085-2915 USA Voice: Fax: 408.524.3500 408.735.9547 Sold To: Collier County EMS Jorge Aguilera 3301 East Tamiami Trail Bldg H Naples, FL 34112 A9~~Jq~er Sales l)'1ar ~~ber: 1651 Sales Order Date: Sep 29, 2004 Ship By: Dee 29, 2004 Page: 1 Ship To: Collier County EMS - Training Bureau 3301 East Tamiami Bldg. H Attn: Helen Ortega Naples, FL 34112 Ph:239-354-2388 I'--~" ! Customer ID ~--_..._._-----~._--~.- -. COCOO 0 1 PO Number n _ __~__~e~ Rep Name Ted Piper ! I nUl I Customer Contact Jeff Page Shipping Method ________n',. _____n_ __.... ..____~_.._ UPS Ground Signed Quote ----.---- ---~-- -.-- - -i- m_ -..-------.-.-~-- ..-------.-___ n n I __ _~.__ ! Payment Terms Net 30 Days i----T I Quantity i ---------------+------ 23.001010001 ! i -.-.-i---~.----.---..- i AutoPulse Model 100 Platform, i I Packaged, US Item Description 19.00 [010101 AutoPulse Model 100 Battery Charger, Packaged, US AutoPulse Model 100 Battery Pack, Packaged, US Discount: Sales concession for this 69 . 00 1 010201 I 3.00 Misc. D 16.00 010302 order only, quantity three (3) batteries at no charge. Signed off by K. Ludlum. LifeBand Chest Compression Assembly, 3 Pack Discount for this order only, quantity sixteen (16) 3-packs lifebands at no charge. Extended warranty 1 year beyond the initial warranty period, on AutoPulse Platform, Charger and Batteries; includes 1 preventative malntenance 16.00 Misc. D 23.00 020001 -i- ~fa PHYSICIAN LICENSE NUMBER nfa -,------ ------,.------.,-..--.--..~. _ ~ _ --- E. I xtenslon I ------. -- ---------1 228,735.00' I ~ nit.J>~iceJ 9, 945.00 I I 1,475.00 28,025.0C 495.00 34,155.00' 1 495.00 -1,485.00! 375.00 6,000.00 375.00 -6,000.00 1,095.00 25,185.0 Subtotal Continued Sales Tax Freight Continued Continued TOTAL ORDER AMOUNT Continued Revivant Corporation 775 Palomar Avenue Sunnyvale, CA 94085-2915 USA Ag~n~~~er Sales 511ar~j;ber: 1651 Sales Order Date: Sep 29, 2004 _ \;'REfo~!Y/~.N(1- Voice: Fax: 408.524.3500 408.735.9547 Ship By: De c 29, 2004 Page: 2 Sold To: Collier County EMS Jorge Aguilera 3301 East Tamiarni Trail Bldg H Naples, FL 34112 Ship To: Collier County EMS - Training Bureau 3301 East Tamiarni Bldg. H Attn: Helen Ortega Naples, FL 34112 Ph:239-354-2388 --r--------- -----1 ______--- Sal~sJ~ep N<l.me ________1 S igned Quot~_______ __ ~_______2~-~-I'..ipeJ:"-n _______\ __~~ppin~ M~Q1~~__ _ __~___ __n_ n___J><l.ymen!Il?rms~ __ ___J Net 30 Days UPS Ground !---- i~ Customer ID COC0001 Customer Contact Jeff Page PO Number I ~-Qf--I-----I---~Imn_-- D~~-cripti~n__-_- -~_-_-__-~--___ --1-_ 1___~anJ~- I _ --- tem___ ---I---;;~~~~-~-~----- - - - - , 23.00IMisc. W i Sales Concession - Warranty discounts 23.00 010601 Soft sided carry case Note 1 Tax exempt certificate on file # 21-00-019995-53C. ----- ~---- ------ Unit ~!ic~---j-__ _~xte~sion -1, I I 1,095.00 -25,185.00\ 395.00 9,085.00 .J__ Subtotal 298,515.00 PHYSIOAN NAME n/a n/a Sales Tax Freight 1,385.00 PHYSICIAN LICENSE NUMBER TOT AL ORDER AMOUNT 299,900.00 Agenda Item No. 16F7 November 16, 2004 Page 1 of 44 ,~ EXECUTIVE SUMMARY Approve an Agreement between Collier County and the Florida Department of Commqnity Affairs accepting $105,806 for Emergency Management Program Enhancement OBJECTIVE: That the Board of County Commissioners accept and approve Agreement #05BG-04-09-21-0 I between the State of Florida, Department of Community Affairs and Collier County for funds that will enhance emergency program activities within Collier County for Fiscal Year 05. CONSIDERATION: The Emergency Management Preparedness Assistance Grant has been given by the Florida Department of Community Affairs to each county for the past ten years and did not require an application. These funds are available as a result of a surcharge of $2.00 for each residential insurance policy and $4.00 for each business insurance policy. The Florida Legislature adopted Rule 9G-19, Florida Administrative Code in January 1994. This Rule enables counties with full-time emergency management directors to receive monies to enhance existing programs by purchasing additional equipment or hiring additional personnel. Each county must develop a 5 year Strategic plan which comprises the Scope of Work for the grant. .-' For Fiscal Year 2005, the Department of Community Affairs has agreed to provide the sum of $105,806 to Collier County for program enhancements. From this sum, the State Division of Emergency Management will deduct the $2,847 for the maintenance of the Emergency Satellite Communication System (ESA TCOM) that is installed in the Emergency Operations Center and the 24 hour Warning Point at the Sheriffs Office Communications Center. As in past years, monies from this fund cannot be used to supplant existing emergency management funding nor be used to match funds from another program under this Trust Fund. FISCAL IMPACT: Funds have been budgeted for FY-05 in Fund 118, Emergency Management and Fire Grants. ~ ..--.~- _ GROWTH MANAGEMENT IMPACT: _There:isne-.gJ:9-~bJ)'1.anagement Impact associated --: witlfthis Executive Summary. --..=---- .. RECOMMENDATION: That the Board of County Commissioners approve Agreement #04BG-04-09-21-01 accepting $105,806 from the Florida Department of Community Affairs for emergency management program enhancement. Prepared By: Darcy Waldron, Department of Emergency Management ..- Agenda Item No. 16F7 November 16, 2004 Page 2 of 44 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F7 Approve aR Agreement between Collier County and the Department of Community Affairs for $105,806 for Emergency Management program enhancement. Funds, which have been make available for the eleventh year, resuling from a surcharge to residential and commercial insurance policies enable Emergency Management to enhance existing programs. Meeting Date 11116/20049:00:00 AM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 111112011412:16 PM Approved By Marlene J. Foard Grants Coordinator Oat. Administrative Services Administrative Services Admin. 11111211114 3:32 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager'. Office Bureau of Emergency Services 1112120114 1 :43 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1113/211114 2:27 PM Approved By Robin Johnson ManagementJBudget Analyst Date - County Manager's Office Office of Management & Budget 11/312011'4 3:23 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1114/2011410:53 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/8/200411 :58 AM ~-=--- -::-~:~--;::::-~., Agenda Item No. 16F7 November 16, 2004 Page 3 of 44 Agreement Number: 05BG-04-09-21-01- CSF A Number: 52008 CFDA Number: 97.042 STATE AND FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENT A nONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. ~~- NOW, THEREFORE, the Department and IDe Recip!ent do mutually agree as follows: --(1) SCOPE OF WORK. ---..,- - --::=-=-::"-~----~. ~-- - The Recipient shall fully perform the obligations in accordance with the Budget, Attachment A, and Scope of Work, Attachment B and B-1, of this Agreement. (2) INCORPORA nON OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. Agenda Item No. 16F7 November 16, 2004 Page 4 of 44 (3) PERIOD OF AGREEMENT This Agreement shall begin October 1, 2004 and shall end September 30, 2005, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each ofthe parties hereto, and attached to the original of this Agreement. Notwithstanding the foregoing, any budget changes which do not increase the overall cost of the project or change the Scope of Work do not require a written modification to this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-II 0, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," l;lnd either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "~ost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2 (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit reportjs_issued, _and shall allow the Department or its designee, ChiefFin~ncial Officer, or Auditor ~access to such records upon request. The Recipient..shall~ns~llf!t.audjl -workli1g1>apers-are maGe avilihible to the Department or its-designee, ChiefFinanCialOfficer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration ofthe five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five 2 Agenda Item No. 16F7 November 16, 2004 Page 5 of 44 years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget, Attachment A, and Scope of Work - Attachments B and B-1, and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5 :00 p.m., local time, on Monday through Friday. "Agents" shall include but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS For Federal Funds: (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. . (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds . o~_ _ aw~ded under this Agreement. ~~- - _ _~co- _ -= ~--=-~----~~ ." (d/Tfthe Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-I33, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-I33, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-I33, as revised, will meet the requirements of this paragraph. 3 Agenda Item No. 16F7 Novennber16,2004 Page 6 of 44 In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised. Ifthe Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost ofthe audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-l33, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The FederaLAuditJ:.~use d~sigo~ted in OMB CircularA-133, f!.s revised {the numbef.Q.t:~_=_.?- copies required by sections ~320( d){ 1) and (2), OMB Circular A-I33, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East lOth Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-I33, as revised. 4 Agenda Item No. 16F7 Novernber16.2004 Page 7 of 44 (t) Pursuant to Section .320 (t), OMB Circular A-l33, as revised, the Recipient shall submit a copy ofthe reporting package described in Section .320 (c), OMB Circular A-l33, as revised, and any management letter issued by the auditor, to the Department at each ofthe following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-l33, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. . (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any _portion thereof, ",ere not spent in accordance with the conditions of this Agreement, t]l.e Recipient shall bellehfrni~for reQnbrn;~ement to the Department of all funds nGt spent irF8.cOOf4:aJl~-with these applICable regulations and-Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IP A shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. For State Funds: (a) The Recipient agrees to maintain financial procedures and support documents, 5 Agenda Item No. 16F7 November 16. 2004 Page 8 of 44 in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Florida Statutes, it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules ofthe Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, . including State funds received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6( d) above, the Keeipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)( d), Florida Statutes, an(C~aptersl0.550 (local governmental entities) or 10.650 (nonprofit_~md for- profit organizations), R.i.tles~f.the Auditor_ General. -::- - -- -- "--~ ~--~.+ ---= ~~-~--~--;;;- If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (Le., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities (e) Report Submission 1. The annual financial audit report shall include all management letters 6 Agenda Item No. 16F7 November 16, 2004 Page 9 of 44 and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 ~~- - -- -.- - ~ ~ -- - -= ~~'-~--=-~ ~4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-B3 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. 7 Agenda Item No, 16F7 November 16, 2004 Page 10 of 44 (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Florida Statutes by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IP A shall state that the audit complied with the applicable provisions noted above. (7) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly financial reports, and with a close-out report. Semi-annual and end of year reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Department. (b) Quarterly financial reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are December 31, March 31, June 30 and September 30. (c) The close-out report is due 45 days after termination of this Agreement or upon completion oftheactivities=?~ntained in this Agreement, whichever first occurs. . ~~- - (d) If all reqmrea reports and coPies~ prescribed above, are nof sentto the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. ~-.;:-~='-~ -~. (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment D. 8 Agenda Item No. 16F7 Novennber16,2004 Page 11 of 44 (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment Band B-1 to this Agreement, and reported in the semi-annual and end of year progress reports. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Florida Statutes (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Florida Statutes, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) A~~~t who}s a sjate agency or subdivision, as c!efined inBectitin -=-.. _~ '" 768.28, FloridaStatutes;agrees to' be fully responsible to the extent provided by Section 768.28 Florida Statutes, for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision ofthe State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part ofthe Department to make any further payment of funds hereunder shall, if the Department so 9 Agenda Item No. 16F7 November 16, 2004 Page 12 of 44 elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or ifthe Recipient shall fail to keep, observe or perform any ofthe obligations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or con_secutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice_of suchteJlninatiol1. The notice shall be effective when placed in the UnrreoStates mail, first class m~il, po~i'e'Wlid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; --- (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: I. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 10 Agenda Item No. 16F7 Novennber16,2004 Page 13 of44 2. issuing a written warning to advise that more serious measures may be taken ifthe situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. law. (f) Exercise any other rights or remedies which may be otherwise available under (g) The pursuit of any one of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (b) The Department11lay ter~minate this Agreement when it determines, in its sole ~scretion, that the continuation ofthe--A~~canent w~)Uld_!lot produce berieficial-l'esults _ commensurate with the further expemliture of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. I I Agenda Item No. 16F7 Novernber16,2004 Page 14 of 44 Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original ofthis Agreement. (b) The name and address of the Department contract manager for this Agreement is: Dee Giles, Contract Manager Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: (850) 413-9940 Fax: (850) 488-7842 Email: dee.giles@dca.state.fl.us (c) the name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dan E. Summers, CEM Director of Emergency Management 3301 East Tamiami Trail, Bldg. Fool Naples, fL 341 q>- . Telephone:. 239..7~.seOO Fax: 23t 775-5008 - Email: dansummers@colliergov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work reauired under this Af!reement. a COpy of the executed subcontract must be forwarded to the Department for review within ten 12 Agenda Item No. 16F7 Novernber16,2004 Page 15 of 44 (0) davs of execution. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the semi- annual and end of year progress reports submitted by the Recipient. For each subcontract. the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minoritv vendor. (I5) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (I6) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments Exhibit 1 - Funding Sources Attachment A - Budget Attachment B and B-1 - Scope of Work AttaQ.hment C - Program Statutes, Regulations, and Program Requirements Attachment D - Reports 0.. _ _ .:-Attachment E - Justification of ~- Attachment F - Warranties"'and R~pr~sentatlohs Attachment G - Certification Regarding Debarment Attachment H - Statement of Assurances (17) FUNDING/CONSIDERA nON (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $102.959 subject to the availability of funds 13 Agenda Item No. 16F7 November 16,2004 Page 16 of 44 (b) By its execution of this Agreement, the Recipient authorizes the Department to deduct the appropriate costs of the recurring charges for the satellite communications Service from the allocation provided to Recipient under Rule 9G-19.005(3), Florida Administrative Code. The deduction is $2.847 for twelve months. (c) Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statutes, and is contingent upon the Recipient's acceptance of the rights ofthe Department under Paragraph (12)(b) ofthis Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-IIO, A-122 and the Cash Management Improvement Act of 1990. Ifan advance payment is requested, the budget data on which the request is based and ajustification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. x No advance payment is requested. 2. An advance payment of $ is requested. (d) After the initial advance, if any, payment shall be made on a quarterly reimbursement basis. Additional reimbursement requests in excess of those made quarterly may be approved by the Department for exceptional circumstances. An explanation ofthe exceptional circumstances must accompany the request for reimbursement. The Recipient agrees to expend funds in accordance with the Budget, Attachment A, and the Scope of Work, Attachment Band B-1 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Offi~e of the Comptroller or the Office of Management and Budgeting, all obligations OD the part of the Department to f!1ake any further payment of funds - ~ - -. hereunder shall terminate, and the-Recipient shall submit its c19seout~ort-w~in thu:y (39) days of receipt of notice from the Department. C - -- .. The amount of funds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Any requests received after November 1,2005, may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. Changes to the amount of funding to be provided may be accomplished by notice from the Department to the Recipient, in the form of certified mail, return receipt requested. The 14 Agenda Item No. 16F7 Novernber16.2004 Page 17 of 44 Department may make an award of additional funds by subsequent A ward Letter certified mail, return receipt requested. These additional funds may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph (I 3), above if authorized. Should the Recipient determine it does not wish to accept the award of additional funds, then the Recipient shall provide notice to the Department contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon the Department=s receipt of the written notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional funds. The budget form will be provided by the Department when the offer of additional funds is made. All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Department that are not expended in implementing this program shall be returned to the Department, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the Recipient shaH continue to provide other funding for the Recipient's Emergency ManagementAgency at an amount equal to either: (1) the average ofthe previous three years' level of county general revenue funding of the Recipient's Emergency Management Ag-encyj or (2) the level of funding for the Recipient's Emergency Manage_ment Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011). Recipient's general revenue funding for 911 serv~~cy~edic~1 sel"!'ic.es, law enforcement, criminal justice, public works or other servICes outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with this rule chapter and this rule by its execution of this Agreement, and as a condition precedent to receipt of funding. Federal funds provided under this Agreement shall be matched by the Recipient dollar for doHar from non-federal funds. Should the Recipient wish to carry forward into the fiscal year beginning October 1,2005 any unspent funds awarded under this Agreement, the Recipient must request such carry forward of funds in writing with accompanying documentation detailing the exceptional circumstances 15 Agenda Item No. 16F7 November 16,2004 Page 18 of 44 requiring the need to the Department by June 30, 2005. At the Division=s discretion, an amount not to exceed an amount equal to 25% of the initial amount awarded ($105,806) may be carried forward under this Agreement. Failure to timely submit information, or failure to submit complete information, may result in the denial of a request to carry funds forward. Any carry forward amounts approved will be added to the Recipient's base Agreement for the following year. Funds may not be carried forward for the purpose of paying salaries and benefits of regular or Other Personal Services personnel. Such salaries and benefit funds may be carried forward to cover contractual or other temporary personnel costs for non-recurring projects only. All payments relating to the Agreement shall be mailed to the following address: Collier County Department of Emergency Management Attn: Dan Summers, Director 330 I East Tamiami Trail, Bldg F-l Naples, Florida 34112 ( 18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Dep~rtment of Community Affairs Cashier . ::--Pinance and Accounting 2555 Shumard Oak Boulev~ard - -- Tallahassee FL 32399-2100 ~~- In accordance with Section215 .34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS Pursuant to Section 215.422, Florida Statutes, the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and 16 Agenda Item No. 16F7 November 16,2004 Page19 of 44 acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Florida Statutes. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. ( c) Any power of approval or disapproval granted to the Department under the terms ofthis Agreement shall survive the terms and life ofthis Agreement as a whole. (d) The Agres:ment may be executed in any number of counterparts, anyone of which may be taken as an original. ~---- (e) The Recipient agrees to compllwith tIic;A~erftans WIth rifsabilities Act (Public Law 101-336,42 U.S.c. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or 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 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 a public entity, 17 Agenda Item No. 16F7 NovemtJer 16, 2004 Page 20 of 44 and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a_five-year period preceding this Agreement had one or more pu~lic transactions (federar, state or local}rerminated for cause or defa~lt. n = ~~;: Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by em ail or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And V oluntary Exclusion" (Attachment G) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. 18 Agenda Item No. 16F7 Novernber16,2004 Page 21 of 44 (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. m All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. (I) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.c. Section I 324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (0) This Agreement may not be renewed or extended. (21) LOBBYING PROHIBITION - (a) No funds or otherresources received frOI11 the De~ connectiol) with this Agreement may be used directly or indirectly to influence legisfattOn or any other ofmsial action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ofa 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 19 Agenda Item No. 16F7 November 16, 2004 Page 22 of 44 agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE ST ATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. -~ (a) If the Recipient brings to the perfonnance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and eutitlements to that pre-existing pateht....-..,.:__ or copyright unless the Agreement provides otherwise. - - . - . - (b) If any discovery or invention arises or is developed in the course of or as a result of work or services perfonned under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a detennination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the perfonnance ofthis Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the perfonnance under this Agreement are hereby transferred by the Recipient to the State of Florida. 20 Agenda Item No. 16F7 November 16, 2004 Page 23 of 44 ( c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: ~----- ~-- COLLIER COUNTY, FLORIDA By: Date: A TTEST: Dwight E. Brock, Clerk Donna Fiala, Chairman By: FID# 59-6000558 Deputy Clerk 21 Agenda Item No. 16F7 November 16, 2004 Page 24 of 44 STATE OF FLORIDA: DEPARTMENT OF COMMUNITY AFFAIRS By: Date: W. Craig Fugate, Director Approved as to Form and Legal Sufficiency Assistant County Attorney EXHIBIT B 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program -0- (Federal funds will be awarded at a later date) -:::-~.-,.",;;;;-~--~ ." COMPLIANCE REQUIREMENTS APPLICABLE- TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: -~~ Not applicable at this time. Federal funds will be awarded at a later date within this contract year. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97. FLORIDA STATUTES: 22 Agenda Item No. 16F7 Novernber16,2004 Page 25 of 44 State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Awarding Agency: Department of Community Affairs Catalog of State Financial Assistance Title: Emer2encv Mana2ement Pr02rams Catalog of State Financial Assistance Number: 52008 State Grant Amount: $105.806 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code. .- -~ ~-~- 23 Agenda Item No. 16F7 November 16, 2004 Page 26 of 44 Attachment A Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (I7)(a), FUNDING/ CONSIDERA nON). A separate budeet form for the Emereencv Manae:ement Performance Grant (EMPG) portion of this sub2rant will be provided when funds are awarded bv the Department. Cateeorv Anticipated Expenditure Amount Salaries/Fringe Benefits $ 44,000 Other Personal Services $ 3,000 Expenses $ 48.459 Operating Capital Outlay $ 7 .500 Fixed Capital Outlay $ -0- Total State Funds $ 102,959 (Page 13) - - -- ---= -::::-~-_=---;;-.o--.< 24 Agenda Item No. 16F7 Novennber16,2004 Page 27 of 44 Attachment B and B-1 Scope of Work Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G- 6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its Emergency Management Program. As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items approved by the Department and attached hereto as Attachment B-1. Subsequent revisions during the term of this Agreement shall done by written modification in accordance with Paragraph (4) of this Agreement. ~~~~=-~.- -- 25 . Agenda Item No. 16F7 November 16,2004 Page28 of 44 DIVISION OF EMERGENCY MANAGEMENT SCOPE OF WORK 2004-2005 COUNTY BASE GRANT CONTRACTS 1. Develop and maintain the capability to ensure all functions defined in the Emergency Management Capability Assessment document can be performed as required. Correction of areas classified as deficiencies and/or needing improvement may be required under the Agreement independent of the county CEMP review process. 2. Maintain CEMP and all associated supporting procedures, checklists, etc., necessary to ensure compliance with Rule Chapter 9G-6, Florida Administrative Code and other supporting documents. 3. Develop and implement a local training program. All appropriate employees funded through this Agreement are encouraged to complete at a minimum the Professional Development Series. The county emergency management qirector shall determine what additional training may be necessary for each employee in order to carry out his/her roles and responsibilities. The Professional Development '.Series of courses can be completed online via the internet. 4. Additional professional development training is encouraged and can be obtained through training opportunities offered at: a) The Florida Emergency Preparedness Association Conference b) The Governor's Hurricane Conference - _ -_--csL_:[~!ning through the county emergency_ management office Documentation oftraining conducted by the county must be provided to the State within ten (10) days after the completion of the course. The information must include the name of the training course, agenda, list of students, times and date(s) of the course. 5. Establish and maintain a comprehensive, all hazards exercise program to test and evaluate all aspects ofthe local emergency management system including activation of the EOC on an annual basis. . Participate at least one full day during the annual statewide hurricane exercise. EM Director shall determine extent of play necessary for their jurisdiction. 26 Agenda Item No. 16F7 November 16, 2004 Page 29 of 44 · Submit Office of Domestic Preparedness (ODP) After Action Reports on all exercise/actual events 30 days after the event to DEM Exercise Unit. 6. Maintain and update critical databases · By March 2005, update the respective county shelter database utilized by State Emergency Support Function (ESF) 6. · By June 2005, provide list of all fire rescue and emergency medical services stations to DEM Critical Infrastructure Unit. Information is to include the following: a) Name b) Address c) Latitude d) Longitude in decimal degrees 7. Address shelter deficit reduction strategy consistent with the statewide initiative by addressing the following issues: · Identify and prioritize for survey potential buildings that could be utilized as shelters. · Identify potential retrofit projects. · Report to DEM Facility Sub-Unit all retrofit projects that are undertaken. · Identify and submit shelter deficit progress reports, which include retrofit and Enhanced Hurricane Protection Areas (EHP A) construction. ~.:2'~_-_~_, . Coordinate with school boarer, community colleges and universities representatives on EHP A projects. 8. Maintain and update as necessary the Statewide Mutual Aid agreement. 9. Maintain the Local Mitigation Strategy (LMS). Also support the Community Rating System (CRS) through activities designated to initiate and improve community class ratings. Support the ongoing National Flood Plan Program (NFIP) map modernization activities. 10. Participate in area meetings conducted by the Area Coordinator. Participation in conference activities such as the Governor's Hurricane Conference and Florida 27 Agenda Item No: 16F7 November 16, 2004 Page 30 of 44 Emergency Preparedness Association Conference is encouraged and is an eligible expense under this contract. 11. Support the State's domestic security initiatives through participation in Regional Domestic Security Task Force (RDSTF) meetings/procedures as necessary, the statewide assessment program and local or regionally conducted exercises related to domestic security. 12. County StormReady Program: . Submit a National StormReady application to local weather service office no later than March 30, 2005. . . Review approved StormReady Program application for renewal. Ifprogram approval is over three (3) years, submit renewal request to the local weather service office no later than 30 days prior to the three-year deadline. 13. Conduct at least one meeting annually with all ESF's/ECO's identified in the CEMP, including municipalities and update and exchange information, update personnel listings and other changes since previous updates. Maintain record of these meetings for CEMP review, including agenda/roster and topics of discussion. 14. Comply with the requirement under Federal funding guidelines, to demonstrate compliance of the National Incident Management System (NIMS), for field operations, by September 2005. 15. Develop and maintain all necessary Continuity of Operations Plan (COOP) and Continuity of Govemment (COG) Plan in accordance with established guidelines. 16. Continue to support the State's Citizen Corp initiative by participation in Community Emergency Response Teams (CERT) training, establishment ofCERT teams and - otlier'-WTw:i~_pwgrams. - 17. Interoperability Requirements. . Maintain at least one operational installation of "Groove" in the EOC. License wilI be provided by the State. . Maintain at least one operational installation of Disaster Management Interoperability System (DMIS) in the EOC. License will be provided by the Federal Emergency Management Agency and managed by the State. 28 Agenda Item No. 16F7 November 16. 2004 Page 31 of 44 Attachment C Program Statutes, Regulations, and Program Requirements Program Statutes I. Chapter 252, Florida Statutes 2. Rule Chapters 9G-6, 9G-ll, 9G-19 and 9G-20, Florida Administrative Code 3. Chapter 215.97, Florida Statutes 4. Chapter 287, Florida Statutes 5. Chapter 119, Florida Statutes 6. Chapter 112, Florida Statutes 7. OMB Circular A-87 8. OMB Circular A-133 9. 48 CFR, Part 31 Program Requirements (1) EQUIPMENT AND PROPERTY MANAGEMENT The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station7 and related equipment (hereinafter Athe Equipment@). The Recipient acknowledges and agrees to comply with applicable terms and conditions _ -=. -__9f:_(1) the State of Florida LeaseIPurchase Agreement, dated October 1994, execllted ~ --="~-15eiWeen Hughes Network Systems, Inc. (AHNS@), and the Department, (a copy of which is available from the Department) regarding the procurement and use ofthe Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Department) (hereinafter, collectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Department, the Recipient and other sites. In particular, the Recipient agrees: A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Department's State Warning Point (SWP) (850) 413- 9910. 29 Agenda Item No. 16F7 November 16, 2004 . c Page 32 of 44 B. That the Recipient will assist and comply with the instructions of the SWP and any technical service representative responding to the report or service request. Recipient's personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Department. D. That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations ofthe Recipient's facilities and premises, and will arrange pennitted access to areas of third-party facilities and premises for the purpose of inspecting the Equipment and perfonning work related to the Equipment. Service representatives and others performing said work shall comply with the Recipient's reasonable rules and regulations for access, provided the Department is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. E. That the Re~pient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure insurance. The Department agrees to procure and maintain all risks insurance coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed to _deteriorate, except normal wear and tear resulting from its intended use. The Recipienf~.ll.I1!lJ)~diately report any damage, loss, tro~ble, service interruption, accfdent or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. 30 Agenda Item No. 161=7 November 16, 2004 Page 33 of 44 F. That any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said software is subject to a license granted from HNS to the Department, and a sublicense from the Department to the Recipient, to use the software solely in the operation of the Equipment, to commence on delivery ofthe software to the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. H. The amounts retained for the satellite service cover the initial order for services provided to the Department pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4.3 ofthe Service Agreement with HNS and do~:not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: 1.' Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to_ - - - _=::c:-= _~Recipient by the Department under lhis Agreement, or from-any cause other than intended and ordinary use. 2. Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. 3. Deinstallation, relocation, or removal of the Equipment or any accessories, attachments or other devices. The Recipient shall be independently responsible for any and all charges not part of the initial service order. 31 Agenda Item No. 16F7 Novernber16,2004 Page 34 of 44 (2) NAWAS In the event the Recipient desires to continue use of the National Warning System (NA WAS) line, then the Recipient shall assume all operational and fiscal responsibility for the NA W AS line and equipment in the County. (3) VEHICLES Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Department has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMP A) Base Orant expenditures. (4) PROPERTY MANAOEMENTIPROCUREMENT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-I 02 - Common Rule. (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures. ~~-=.-.~----~-- (5) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 90-6, 90-11, and 90-19, Florida Administrative Code, Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMP A funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal 32 '0""0._""'--____...'"_ Agenda Item No. 16F7 November 16, 2004 . Page 35 of 44. justice, fire service, public works or other services outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP). (c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA). (d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time Director consistent with Rule 9G- I 9.002(6), Florida Administrative Code. (6) OTHER CONDITIONS (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty-five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Department. (b) Funds may not be.used for items such as door prizes and gifts. Flyers and educational information to educate the p~blic about the Emergency Management Program is allowable. (c) Food and beverages may be purchased for Emergency Management personnel and other personnel only if the Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be made only under (I) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat. (d) Within_60 days of execution of this Agreement, the Recipient shall provide copies of any l1ew or updated -or~ect which expressly address emergel1cy management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation ofthe local emergency management program provided in 5.252.38, Florida Statutes. 33 Agenda Item No. 16F7 November 16, 2004 Page 36 of 44 Attachment D Reports A. The Recipient shall provide the Department with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Department's Area Coordinator, and a final close-out report, all in a format to be provided by the Department. B. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to the Department no later than thirty (30) days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are December 31, March 31, June 30 and September 30. C. The final close-out report is due forty-five (45) days after termination ofthis Agreement. D. In addition to the above, in order to ensure compliance with Rule 9G-19.0 11, Florida Administrative Code, historical budgetary information relating to the Recipient's Emergency Management Program is also required. This information shall be developed based on guidelines provided by the Department and shall be submitted to the Department not later than December 31, 2004. The Historical Information form must be prepared and sil!ned bv an official of the County's Finance Office.-' E. In a format provided by the Department, a proposed staffing summary shall be submitted to the Department not later than December 31, 2004. F. If all required reports prescribed above are not provided to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (9), and Rule 9G-19.014, Florida Administrative Code. "Acceptable to the Department" means that the work product was completecl-in -,lQROrQ~nce with generally accepted principles, guidelines and applicablelaw,-and is-consis"ffirl1'Wrt1f'the Scope of Work, G. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. H. All report formats provided by the Department shall be made available to the Recipient on the Division's Internet site and a hard COpy will be mailed with a fully executed copy of the Agreement. 34 Agenda Item No, 16F7 November 16, 2004 Page 37 of 44 - Attachment E Recipient: Indicate by checking one of the boxes below, if you are requesting an advance. Ifan advance payment is requested, budget data on whiCh the request is based must be submitfed. Any advance payment under this Agreement is subject to s.""216.181(l6){a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. JUSTIFICA TION OF ADVANCE PAYMENT [ ] ADVANCE REQUESTED [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis, No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet - (A) (8) (C) (D) FFY 2002 FFY 2003 FFY 2004 Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURESl 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS - - - - - - - - ~ -='" ~---~., (Divide line 2 by lin~ 1-;-) - - - I . First three months expenditures need only be provided for the years In which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULA TION: X $ Cell D3 EMPA Award (Do not include match) = MAXIMUM ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM ] Recipient has no previous EMPA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ) Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. 35 Agenda Item No. 16F7 November 16, 2004 Page 38 of 44 Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 2004-2005 Anticipated Expenditures for First Three Months of Contract Salaries/OPS Program Expenses \ TOTAL EXPENSES Explanation of Circumstances -=-.. ..:::-~~= -=-~., 36 Agenda Item No. 16F7 November 16, 2004 Page 39 of 44 Attachment F Warranties and Representations Financial Management Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles ana the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractQts th~evelQP or draft specifications, requirements, statements of work, -dnvitations for bids and/or requests for proposals shalll5e ext1mte(t1i'om competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of 37 Agenda Item No. 16F7 November 16, 2004 Page 40 of 44 monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Licensing and Pennitting All subcontractors or employees hired by the Recipient shall have all current licenses and penn its required for all of the particular work for which they are hired by the Recipient. ---~- - ~ ............,., ~-.;.~..:-~--=-?-.. ~-- - 38 Agenda Item No. 16F7 November 16, 2004 Page 41 of 44 Attachment G Contractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission of this document, 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. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name DCA Contract Number Name and Title Street Address ~~- - City, State, Zip ~~-.-..!;-- =---;;:--. . . Date 39 Agenda Item No. 16F7 November 16, 2004 Page 42 of 44 ATTACHMENT H Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-IIO, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally- assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselve~ {lr others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements oflaw, program requirements, and other administrative requirements. _' 7. lt~~-stt~ that t~e fasilities under its ownership, lea~e or supervision whicb=:~b~tt!';J:ltilized in the , accomplishment of the prOjeCt are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EP A. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form ofloan, grant, guaranty, insurance payment, rebate, subsidy, disaster 40 Agenda Item No. 16F7 November 16, 2004 Page 43 of 44 assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section ]06 of the National Historic Preservation Act of 1966 as amended (] 6 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a- I et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct ofInvestigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of] 968, as amended, the Juvenile Justice and Delinquency PreventionAct, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.]; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality ofIdentifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal EmploymentOpportunity Policies and Procedures; Part 6], Procedures for Implementing the National Environ.mental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Feden;tFlaws or regulations applicable to Federal Assistance Programs. ]2. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (] 990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; .0.. _ Department of Justice Non-Discrimination Regulations, 28 CER Part 42, Subparts C,D,E, and G; and _ ~men! of J~stice regulations on disability _discrimination; 28 ~~}~nd Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. ]4. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, ] 982 (16 USC 350 I et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 4] Agenda Item No. 16F7 November 16, 2004 Page 44 of 44 -"'~ 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. - ~~- - -- - ---- - ----... ~---='~---:--:~.. - - 42 Agenda Item No. 16G1 November 16, 2004 Page 1 of 4 ,.--.. 'EXECUTIVE SUMMARY Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 in FY05 Budget tax increment financing (TIF) funds to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. OBJECTIVE: Recommendation that the Community Redevelopment Agency (CRA) approve $250,000 in tax increment financing (TlF) funds appropriated in the FY05 budget to assist with the establishment of a Florida State University (FSU) School of Medicine rural health training center in lmmokalee. ~ CONSIDERATIONS: On June 16, 2004, the Immokalee Local Redevelopment Advisory Board met to recommend that the CRA utilize TIF funds to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. The purpose of the facility is to train nurses, social workers and other healthcare professionals who will, in turn, provide medical services to the lmmokalee community. The total cost for this project is estimated to be between $1.3-1.5 million, most of which will be borne by the university and private donors. The funds being requested from the CRA, however, are for initial costs associated with the appraisal and general cleaning and repair of an unused 32,000 square-foot building in lmmokalee currently owned by Naples Community Hospital. 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, Naples Community Hospital has agreed to donate this building to FSU's School of Medicine. Due to the fact that a "building acquisition" expense line item is already set forth in lmmokalee Redevelopment Fund 186 for this project, and because of its considerable economic development potential for the lmmokalee community, the Advisory Board has recommended the approval of$250,000 to attract FSU's medical training facility, contingent upon FSU's commitment to establish the facility in Immokalee. On June 22, 2004, the CRA gave "conceptual" approval for this expenditure, but requested that an itemized list of specific costs be submitted for consideration before final approval of a dollar amount not to exce.ed $25D-J.Q.Q .ooJ!ld be made. To satisfy the CRA Board's request, Mr. RicharQ Akin, CEO ofColiier Hoollh Servtces, ln~ (a partner with FSU's School of Medicine), submitted" a budget outlining the project's start-up costs. The budget has been attached to this executive summary as Exhibit A. At the June 22 meeting, the CRA Board also requested that the County Attorney's office review the proposed expenditures to ensure consistency with the County's Redevelopment Plan and Chapter 163, Florida Statutes. Upon review, the County Attorney's office has found these expenditures to be consistent with both the Redevelopment Plan and Chapter 163, Florida Statutes. .-.' FISCAL IMPACT: CRA redevelopment efforts are partially funded through Tax Increment Financing (TIF) revenue. In practice, revenue for this CRA is generated from a rate applied against the captured assessed value increment. This assessed value increment is the difference between the base assessed valuation within the Redevelopment Area, established in 1999, and the new higher assessed valuation. In practice, it is anticipated that the assessed value increment Agenda Item No. 16G1 Novernber16,2004 Page 2 of 4 will increases each year during the Redevelopment District's life providing for moderate tax revenue increases used to finance redevelopment initiatives. The Immokalee Local Redevelopment Advisory Board recommends that $250,000 in budgeted FY 2005 CRA funds (Fund 186) be used for this project. Approval of this expenditure will leave a balance of $335,700 in Fund 186 Reserves. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The establishment of a rural health training center will implement the County's Redevelopment Plan. According to Section 4.4 of the Plan (Community Objectives), economic development is emphasized in the area in order to "expand research opportunities in the health care industry; nurture entrepreneurial business development and retention; and increase small-business startups and expansions." GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, and may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: As stated above, the Immokalee Local Redevelopment Advisory Board met 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. STAFF RECOMMENDATION: That the CRA approve the expenditure of $250,000 in tax increment funds, as set forth in Exhibit A, to assist with the establishment of a Florida State University (FSU) School of Medicine rural health training center in Immokalee. Prepared by: John-David Moss, Senior Planner, Comprehensive Planning ~------ --:::=_~-.~-~-:_~ Item Number Item Summary Meeting Date Agenda Item No. 16G1 November 16, 2004 Page 3 of4 COLLIER-COUNTY BOARD OF COUNTY COMMISSIONERS 16G1 The Board of County Commissioners silling as the Community Redevelopment Agency. Recommendalion that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 in FYOS Budget tax increment financing (TIF) funds to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. 11/16/20049:00:00 AM Prepa red By 10/19120049:11:40 AM John.David Moss Community Development & Environmental Services Date Senior Planner Comprehensive Planning Date Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 10121/20041 :20 PM Approved By Randall J. Cohen Community Development & Environmental Services Commuinty Planning and Redevelopment Manager Date Comprehensive Planning 10127120041:44 PM Approved By Stan Lltsinger Community Development & Environmental Services Comprehensive Planning Director Date Comprehensive Planning 10/27/20042:01 PM Approved By Constance A. Johnson Community Development & Environmental Services Operation" Analyst Community Development & Envirollmental Services Admin. Date 10/27/20044:17 PM Approved By Joseph K. Schmit! Community Development & Environmental Services Community Oevelopment & Environmental Services Adminslrator Dale Community Development & Environmental Services Admin. 10/29/20049:17 PM Approved By OMS Coordinator County Manager's Office A~ininlstr~int= Office of Management & Budget Date 11/1120044:37 PM Mark Isackson Date Approved By County Manager's Office Budget Analyst Office of Management & Budget 11/312004 1: 58 PM Approved By Michael Smykowskl County Manager's Office Management & Budget Director Date Office of Management & Budget 11/4/20044:34 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager'. Office 11/5/20047:26 PM .- Agenda Item No. 1681 November 16, 2004 Page 4 of 4 ,~} Community Redevelopment Agency FSU Project, Immokalee FL Appraisal $ 15,000.00 Building Inspection $ 5,250.00 Paint & Cosmetic Repairs to Exterior $ 72,512.00 Paint & Repairs to Interior $ 32,302.00 Phase I Environmental Study $ 2,200.00 Miscellaneous costs: leaking windows, soap dispensers, towel dispensers, cabinet repairs, ceiling ,. tiles, removal of temporary wall, replacement of doors $ 32,586.00 Locksmith $ 1,560.00 Electrical $ 11,700.00 Cabinet Repairs $ 6,500.00 Plumbing Repairs $ 4,080.00 Flooring Replacement & Repair ~ - $ 5,511.00 ~~--- - - ~ ~~--,~~ ~ - . -- -- Biohazardous Material Removal & Cleaning (mold) $ 8,900.00 Landscaping $ 14,805.00 Equipment & Furnishings $ 37,094.00 TOTAL $ 250,000.00 . Agenda Item No. 16H 1 November 16, 2004 Page 1 of3 - 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 FUNCTION/EVENT: 2004 Farm City Barbeque - ,-' PUBLIC PURPOSE: To promote an enlightened understanding between urban and rural residents and to promote awareness of the importance of agriculture to the area. DATE OF FUNCTION/EVENT: November 24,2004 FISCAL IMPACT: $15.00 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 va1id public purpose. PREPARED BY: Trisha McPherson ~------ APPROVED 'BY: Sue Filson, Executive Man~r to Bce AGENDA DATE: November 16, 2004 _. Item Number Item Summary Meeting Date Agenda Item No. 16H1 Novernber16, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H1 Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the 2004 Farm City Barbeque on November 24,2004. $15.00 to be paid from Commissioner Halas' travel budget 11/16/20049:00:00 AM Prepared By Date Trisha McPherson Board of County Commissioners Executive Aide to the BCC 11/2/20048:35:30 AM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 11/2/20049:17 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/2/20049:32 AM ~----- - .FLORIDA IFAS EXTENSION - unty . Agenda Item No. 16H1 2004 Farlll-Cityve OJ Barbeque (;~r;wjm: {;!"('C'1 . >;.....,l'!<l/Ilx S'm~~1"I . P',h~;;'jR rum/Nt:;,; ./lui!dIJiji: ( ut}itlli/lilf'f{,i ;h/'''n,)r Fd~c.Jlwl! FARM ~ CITY WEDNESDAY, NOVEMBER 24 -11 :30 AM Nobles-Collier Packing Co. 212 Jerome Dr., lmmokalee "To promote an enlightened understanding between urban and rural residents and to promote awareness of the importance of agriculture to the area. " TICKETS: $15.00 - Available at: Collier County University Extension Florida Community Bank 14700 lmmokalee Road - 353-4244 1400 15th St., Immokalee - 657-3171 Naples Area Chamber of Commerce Visitor's Center - 895 Fifth Ave. S - 262-6141 Administration Office - 3620 Tamiami Trail N. - 262-6376 Farm Bureau Insurance 5278 Golden Gate Parkway - 262-3667 Bags offresh, locally grown producefor sale. ********MENU: Grilled steak, Baked Beans, Com on the Cob, lmmokalee Salad - ~~--- Agenda Item No. 1611A November 16, 2004 Page 1 of 2 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 16, 2004 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1. Collier County Pelican Bay Services - Budget Sub-Committee Agenda for October 20, 2004; Minutes for September 15, 2004. 2. Community Character/Smart Growth Advisory Committee - Agenda and Minutes for August 25, 2004; Agenda and Minutes for September 15, 2004, unofficial, no quorum; Agenda and Minutes for September 29, 2004, unofficial, no quorum. B. Other: ~- 1) Guy L. Carlton, Collier County Tax Collector - Amendment for the FY 2003- 2004 budget. -----~- """:._.----:c;_: - -- ,~- H:DatalFormat Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1611 MiscellaneoLls items to file for record with action as directed. 11/16/20049:00:00 AM Agenda Item No. 1611 A . November 16, 2004 Page 2 of 2 Prepared By Kathleen Martinson Board of County Commissioners Administrative Aide to BCC BCC Office Date 11/3/20049:05:26 AM Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 11/3/20049:46 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 11/3/20041:18 PM ~~-- - ~- ~..,-,. Agenda Item No. 16J 1 November 16, 2004 . Page 1 of 11 EXECUTIVE $UMHARY . Request That The Board Of COunty Commissioners Authorize Chairman Donna Fiala To Sign The Attached Agreement Authorizing The Collier County Sheriff's Oft'lce To Have Traft'lc Control Jurisdiction Over Private Roads Within The Wilshire Lakes Subdivision OBJECfIVE: That the Board of County Commissioners authorize Board Chairman Donna Fiala to sign the attached Agreement on behalf of the Board of County Commissioners. ThIs Agreement has been placed on the Board's Agenda at the request of the Sheriff's Office. f""".". CONSIDERATIONS: The Wilshire Lakes Master Assoc!atlon, Inc. and the Collier County SherllTs OffIce have negotiated the attached Agreement. The Sheriff's Office will assume traffic control jurisdiction over private roads within the Wilshire Lakes Subdivision. Representatives of the Sheriff's Office have affirmed that traffic control of the Wilshire Lakes Subdivision is appropriate. The County's Transportation Department has provided a letter certifying that the Subdlvlon's roadway slgnage and pavement markings meet the standards and requirements of the Manual on UnIform Traffic Control Devlces. The attached Agreement has been executed by the Master Association and by the Sheriff's Office. The Agreement can be terminated by the Board or by the Master Association. FISCAL IMPACT: This item should have no flscallmpact upon Colller County. The Agreement specifies that the Sheriff's Office can negotiate with the Master Association to recover the Sheriff Office's costs of traffic control over these prIvate roads. GROwrH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Agreement. RECOMMEN9ATION: That the Board of~ounty Commissioners ~lIth~~~ . Chairman Donna Fiala to sign the attached Agreement on behalf of the Board of . County Commissioners. Prepared by: Tom Palmer, Assistant County Attorney .....'."., e'- Agenda Item No. 16J1 - November 16, 2004 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16J1 Meeting Date Request that the Board of County Commissioners authorize Chairman Donna Fiala to sign the attached Agreement authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over private roads within the Wilshire Lakes Subdivision. 11/16/20049:00:00 AM Prepared By Date Kay Nell, CLA Legal Assistant 10/18/2004 11: 37:45 AM County Attorney County Attorney Office Approved By Thomas Palmer Assistant County Attorney Date County Attorney County Attorney Office 11/31200410:09 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/200412:39 PM Approved By Nancy Bradley Legal Secretary Date County Attorney County Attorney Office 11/3/2004 12:41 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/2004 12:49 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/20041:03 PM .~---:-....~-, -~~.- Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/3/20041:36 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/4/20041:48 PM . 'I Agenda Item No. 16J1 Novernber16,2004 Page 3 of 11 ACREEMENT APPROVll\GAND PROVIDING FOR COUNTY TRAFFIC CONTROL JlJRIDSDICTION OVER ROADS WIl'HlN THE WILSHIRE LAKES SUBDIVISION THIS AGREEME:"IT is made and entered into this _ day of _ , 2004, by and among the tollowing three parties: 1. Wilshire Lakes Master Association, Inc; 2. The Collier County Sheriff's Office; 3. And, the Board of County Commiss1oners of Collier County, Florida. WHEREAS, all roads within the Wilshire Lakes Subdivision (an unincorporated area in Collier County) are private roads that are not owned OF maintained by Collier o,unty, and WHEREAS, the Wilshire r .akes Ma.ster Association ~1llCh is responsible for maintaining and controlling (The Wilshire Lakes Subdivisions, has tendered to the Sheriff of Collier COUl1ty, a letter of request, dated ~ . 2004, attaclLCd hereto as Exhibit "A''', and is thereby requesting that the CoLJicr County Sherilrs Office patrol the private roads ~;thin the \a,.'ilshirc Lakes Subdivision and exercise jurisdiction over those private roads by enforcement of state and cOWlty trallic laws; and - - WHEREAS, suhsection 316.006 (3)(a), Florida StatLllt:~1 provides that each ~~- Florida CoUnty may exerci~e jurisdiction over private roOO(8) located with withln the - - unincorporated area in iti'l boundaries provided the respective Coun.ly and other parties owning or controlling such road provides, by written agreement approved by the governing body of the county, tor COW1ty traffic control jurisdiction over the roOO(5) covered by tbe agreement; and WHEREAS, representatives of the Collier County SherilI"~ 01lke have monitored traffic on private roads within the Wilshire Lakes Subdivision and have affimled that traffic enforcement by Lhe Collier County Sheriff's Office is appropriate I '. Agenda Item No. 16J1 . November'16,2004 and have agreed to provide tid.ffic control enforcement in geographic areas requested Page 4 of 11 (Exhibit "B")~ and WHEREAS, Collier county~ a political subdivision ur the State of Florida, through re~sc:ntatives of it 'I Transportation Ucpartmwt, has reviewed and comml.micaLed with an engineer for the W ilshirc La.k.e:s Subdhision regarding signagc and a required subdivision sign maintenance plan (see:: Exhibit "C" attached hereto); and WHEREAS. the Board of County Commissioners ruw reviewed these Vltrirten requests and has determined that it is in the interest of the public health, safety and welllin: to enter into this Agreement, pursuant to Subsection :116.006 (3) (b), Florida Statult:s. NOW THEREFORE, the three partie:s hereto agree a~ follows: 1. The recitals and Exhibits stated and referenced above are restated and are made a part of this Agreement. 2. Collier County, by action onts Board of County Commissioners, hereby determines to cxen.:isl: traffic control jurisdiction over all private road~ located within the ~eographic area ofthe Wilshire Lakes Subdivision as described in Exhibil "B" pursuant to this Agreement cnlt'red into pursuanf . to Subsection 316.006(3)(b), Florida Statutes. .::...... --==-~:= __=---;r--e "I ,). Pursuant to :Subsection 316.006(3 )(b)(2)~ Florida SlaluLel>, the Collier County Sheriff's Otlice hereby expressly waives lhe statutory requirement concenting the em~ctive date ofthis Agreement relaling to the beginning of the next county fiscal y~ar and agrees to the effective dab;:: of this Agreement. l 2 ~ : Agenda Item NQ, 16J1 November 16, 2004 Page 5 of 11 4. The Comer County Sheriff's Ollice shan, commencing on the date oft1nal action by the Collitr county Doard of County Commissioners and thereafter, until this agreement is terminated, shalllnclude al:l part of its duties, patrol and enforcement of all county Bud state traffic control Tegulations and laws on and over private Toads with the Wilshire Lakes Subdivision, including such additional roads, if any, that may hereafter come into existence within the Wilshire Lakes Subdivision. 5. The parties recognize that ail private roads within the Wilshire Lakes Subdivision (as such roads are described herein) are not public road!;, are not County-owru;:d, and neither the County nor the Sherill~ s Office has any duty or responsibility for construction, maintenance and/or repair of any of the same, including ~;gnage, and this Agreement does not impose any such responsibilities upon the County or the Sheriffs Office. Signage maintenance, repair and adequacy on and along the road!> within thc Wilshire Lakes Subdivision is the responsibility of Wilshire Lakes Master Association; and a maintenance prog;l'am shall be developed by and shall be adhered to by the Wilshire Lakcs Mal:l1er Association (see Exhibit "c" ~~- _:--"?-- .' - attached hereto) - 6. For purposes of identification and geographic specificity, the Wilshire Lakes Subdivision is composed of the platted areas descrihed in "Exhibit "H" attached hereto. 7. The Wilshire Lakes Subdivision hereby indemnifies and holds the Collier County Sheriffs Office harmless lor non-negligent acts, errors or omissions in providing the e~ercu,e of traffic control jurisdiction as agreed 3 I '. Agenda Item No. 16J1 . . . . . . . November 16, 2004 to hereunder. Coll1er Co un ly . a polttical subdlvlSlon of the State of Page 6af 11 Florida., shall be included as "additional insured" on all applicable liability insurance polk,ies. 8. lbe Collier CUWlty Sherifl"s Office hereby reserves the authority under this contract to enter inlo negotiations with Wilshire Lakes Ma~ter Associatiun lor the purposes of allocating costs pursuant to sub~ction 316.006 (3)(b)( I) as a precondition to provision of enforcement according to further terms hereof. 9. Thi::; Agreement may be changed, amended modified only by a mCMS ofa wrilten document executed with the same fonnality as this Agreement. However, this Agreement may he terrninated unilaterally by the Board of County Commi~s1oners by adoption of a resolution (al a public meeting of the Board of County Commissioners) pro"iding that lhis Agreement be temlinated, or by Wilshire Lakes Master Association. ~ '- ---= ~~:;-~=-~., I 4 . , Agenda Item No. 16J1 Novernber16,2004 Page 7 of11 IN WITNESS WHERE OF. the Association, Sheriff's Department and the Board of County O"mmissioncrs have executed this agreement. ...., Dated this ,...I.:1___day of 1-t='.BRU'*:j, 2004 WITNESSES: [,6a-vd WILSHIRE LAKES MASTER ASSOCIA TJON, INC. e of Witness #1 \ToY F, Vt./ VA~ __._-...~2~~nt li Name O,f W. .i.tnes~ ~ 1 c...... _ ._....r_... _.-:-- ... __.~..__ Signature of Witness #2 ;:J ([,? If;. t..- A i.( ~ 1"t ~ B~~~ -Stanley W cin ...._....~.. BY:~~, Tom Sindler WITNESSES: n. ~.~ III ,..;. Sig~ uf Vlitness # 1 COLLIER COUNTY SHERIFF'S OFFICE "" '_,- MIt~Y 'T. t!.Qul:..7'1(14HI . Printed Name of Witness # I s(!:;::;~~ "btb-".J,. If v'~ ".W~ ~ Printed Name of Witness #2 - _pated this ~--=-~~--~. day of .2004 Attest: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMiSSiONERS COLLJER COUNTY, FLORIDA By: Deputy Clerk as to Chairman's Signature Only By: Chairman Approved ac; to foml and legal sufficiency: I'o~ r~ ~~. f COlmty Attorney l Agenda Item No. 16J1 November 16, 2004 Page 8 of 1-1 WILSHIRE LAKES MASTER ASSOCIATION, INC. CIO Mr. Stanley Weiner 9881 Clear U.k. Circle Naples, FL 34109 February 18, 2004 Sheriff Don Hunter Collier County Sherin" s Office 3301 Tamiami Trail East Naples, FL 34112 RE: Letter QfRequest Dear Sheriff Hunter: The WiLsh~ Lakes Master Association. Inc. hereby tenders to the Sheriff of Collier County a letter of request. Said letter pray~ that the Collier County Sheriff's Office patrol the private roads within Wilshire Lakes Subdivision and exercise jurisdiction over those private roads by enforcement of the State and COWlty traffic laws as well as speed limit laws adopted by the Association. Sincerely, --- -::.----"" .-=---=-~.. WILSHIRE LAKES MASTER ASSOCIATiON, INC. By: , SW:cji EXHIBIT "A" I -:::---=~--=-~- Agenda Item November Page 9 GEOGRAPHIC AREA OF THE WILSHIRE LAKES SUBDIVISION The Wilshire Lakes Subdivision Section 31 Township 48 Range 25 Wilshire Lakes Official Records Book 2717 Page 2215 Document No: 2684560 .. EXHIBIT B" [ AytHlda Item No. 16J1 November 16, 2004 Page 1 Oof11 -,-- ~ N ..w-+e ~ f.ilems ~ Brlt'.....''''I. EAll....,.di......ily .i'''''.....l. QJJ. 2~5 wood.d "",'C.. WUI~U-' L.aJ;;.. .n.alte'r..planard C'oro~.\1;l:\~o/. A v.a.,.;~_nF ~lt.l..J, l:'1'V~;JI"; ....ral di.tin.li.. (jiiest;rl~ cboicos ,vitmn itl D8tur~.rid~ boWl""";"'. J:;xccption.J1y ~r..ft"~ hy Nople.' ",o~t I'MnW\Cllt builrlc"". c.a.r.h of tMi. home, i. dC.~ocrllo cm"u.".I! 'I'I.,u,Ir''' vi~", aM i!pitmnille Do ca..uAl. ~nuthw..t Fln"d" w";y uf Ii&.. .,~. :11 AmPonrtrelo include i1 ga~ ~1"IfTjfj r.On\m,\Jnlty [!bhnO\J~I!.. u..:u ' --.-' ~ ~">>~I ~II,t: q:!/i~:. !~I~~ r:~~j ~, ~'I \~~:._:)::" . h.~ted poal "nd apa, light.a H",- Tru LcniLillli ~.:V",dli, I'i.iullIl"C;l(lm, cOJ.)~'\Lre~ alrem. D&tut'* tt-.i.1.4 and bike p"tb. B.i~f'pJ..r.~:'I i,.".,NI' ...".....It.n.....J,'l''''.. II.........:' ,.,.,.NJD....._.au.:llIIV-I.. all.... witllltrft Il.Illt'1ll.. COLLIER COUNTY GOVERNME.!~AL TRANSPORTATION SERVICES DIVISION Traffic Operatfonl Department 2705 Horsl:Shoc Drive South. Naples, Florida 34104 _239.774-819:2 . fAX 239-213-5868 September 9, 2004 Mr. Rocco Despesano 3983 Stonesthrow Court Naples, FL 34109 Re: Wilshire Lakes Roadway Signing and Marking Inspection Dear Mr. Despesano: This is to certify that your community's roadway signing and pavement marking have met the standards and requirements set forth in the Manual on Uniform Traffic Control Devices (M.U.T.C.D.). The M.U.T.C.D., prepared by the Federal Highway Administration. has been designated by Ftorida Statutes to govern the placement and design of traffic signals, signs, and pavement markings on public and private roads within the State of Florida. By copy of this letter, the County Sheriff will be able to conduct the traffic law enforcement practice in yom development. Should you have any questions or need additional infonnation. please feel free to contact me by telephone at (239) 774~8260. Sincerely, ". --- - ----= ~-=-~-----?--., ~, ~ Senior Engineer Traffic Operations Department Cc: Roben w. Ti]ltoTl. P. E., PTD.E, TraffIC Operations DlIpIIT:I!1.eIIt Din:~lOr Danny Schryver, Esq.. Legal Counsel, Collier COlJJlIY Sheri!!". Office File: Wilshire Lakea-Signina &. Mari::1nl "EXHIBIT e" c I.' (~~ " r c .. II t1 - - ,. Agenda Item No. 16J2 November 16,2004 Page 1 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 October 16, 2004 through October 29,2004 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period October 16, 2004 through October 29, 2004. This report is available for inspection and review in the County Manager's Office. .- FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact related to this item.- . RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. - - ---- -::~~~=-~.. Prepared By: 1fi.- ~yJdo J es L. MItchell Finance & Accounting Finance Director Date: I~~~,r Reviewed and ~ () IL Approved By: _ _ _ \..: , . " _ Constance C. Murray General Operations Manager Date:~ '- Item Number Item Summary Meeti ng Date Approved By Michael Smykowskl County Manager's Office Agenda Item No. 16J2 November 16, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J2 That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid pUblic purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, Collier County Government Center, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL 11/16/20049:00:00 AM Management & Budget Director Date Office of Management & Budget 11/4/2004 3:58 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/5/20049:56 AM - - - - ~--~~-=-~_. . . Agenda Item No. 16J3 November 16. 2004 Page 1 of 3 :","-"'" . pl!:CUT:rvm SUMMARY lUIlCOIDIBND THAT THB COLLIBR COUN'l"Y COHKISSION ENDORSB THB UNITBD STATBS DB:lARTIIBN'l' 01' JUSTICB/DB:lARTIIBNT 01' TRBASURY I'BDERAL EQUITABLE SHARING AlmUAL CDTII'ICAT:tON U:lOItT. ------------------------------------------------------------------- OB3ZCTrvBl To have the Collier County Commission endorse the united States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report form. ~ONSIDBRATIONI The Collier County Sheriff's Office participates in joint investigations with the united States Department of Justice and united States Department of Treasury to enforce federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution that result in a federal forfeiture by these agencies may request an equitable share of the net proceeds of the forfeiture. The Departments of Justice and Treasury require that a Federal Annual Certification Report be submitted within 60 days after the end of each fiscal year. The fiscal year 2004 Federal Annual Certification Report needs to be signed by the Chairman of the Board of County Commissioners. - PISCAL IMPACT: Requested equitable share revenues are accounted for according to Equitable Sharing of Federally Forfeited property for State and Local Law Enforcement Agencies guidelines. The fiscal year in which the revenues are received depends on when a case is closed. Total revenues to be received cannot be determined until cases are closed. GROWTH rMP1CT: None. RECnMMRNn1TIOHI That the Collier County Commission endorses the Federal Annual Certification Report. DATIl: ~~I~ t PRBPAIUIlD BY: --~- APPR.OVED BY: .... -"....-, ~. jh/a:xsfe4 Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No, 16J3 Novennber16,2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J3 Recommend that the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. 11/16/2004 9:00:00 AM Management & Budget Director Date Office of Management & Budget 11/5/20042:49 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/5/20045:03 PM ---~- - ~~~_?'_~.- ..... Federal Annual Certification Report AgN~e:~~~. ' Thlo"""'" ~ ..port "'...._ __...... -... "'"...... _,_to..... _, P . u.s. Depllrlment of JustlcelACA Program u.s. Department of the Tr...ury . H)th and ConstlMlon A"nue. NW executive Otrlc:e for AIHt Forfelhn CrlmlnalDlvIaIonlAFMLS 740 15th Street. NW Suite 700 Bond Building, Tenth Floor Washington, DC 20220 Washington. ~ 20530 E-maa adclraa: lnIa..8C8i1btoaf lrelIs.aov ~=~2~i-= lIClIeusdoi GOV Fu: (202) 822-8810 lAw Enforcement Agency: Collier County Sheriffs Office o Police DeputmeIIt 8 Sberift's Office/DqJctment 0 Tuk Force l.-k IUl 01_....) 0 Prosecutor's Office 0 Other Conuct PRSOn: Joyce Hounm E....II Add,..: grauts@coIlienherift'.org "I/Ing Add,...: (Stm:t) 3301 Tamiami Trail East (City) Naples (Stale) Florida (lip Code) 34112 TeIephoM Number: ~ 793-9346 Fax Number: ( 239 I 793-9405 Agency FJsc:aI Year en. on: (MontblDaylY~) 09/30/04 NCIC/ORllTrlcklng No.: FLOllOO Summary of Equitable Sharing Activity Flecal YH' Ending 2004 Ju.tlce Funcla J. Beginning Equitable Sharing Fund Balance S43,095.79 2. Federal Sharing Funds Received 52,523.23 3. Transfers From Other Law Enforcement Agencies (attach list) S 0.00 <4. Other Income $ 0.00 S. Interest Income Accrued (0 check if non.interest-bearing account) S 384.00 6. Total Equitable Sharing FlDlds (total of lines I - S) - Pleae lelYe blank, this number will be calculated automatically. S 46,003.02 7. Federal Sharing Funds Spent (total of lines a - n) - Please lelYe blank, this number will be calculated automatically. S ( 0.00 I. Equitable Sharing Fund Balance: (subtract line 7 from line 6) - Please leave bl8lJt, this Dumber wiD be c:aJculateclautomatically. S 46,003.02 9. Appraised Value of Other Assets Received SO.OO r,...ury Funcle S $ SO.OO sO.OO SO.OO S 0.00 S (0.00 $0.00 S 0.00 Summ.ry of StMred Monl.. Spent L Total spent on salaries for new, temporary, not to exceed I-year employees b. Total spent on overtime . c. Total spent on infonnant and "buy money" d. Total spent on travel and training e. Total spent on communications and computers f. Total spent on firearms and weapons g. Total spc:ot on body armor and protective gear h. Total spent on electronic surveillance equipment i. Total spent on building and improvements j. Total spent on drug education and awareness programs It. Total spc:ot on other law enforcement expcuses (attach list) ~ l. Total transfers to other law-enforcem~t agencies (auach~ nst oli"':iRifl!~l _ ~ m. Total permissible use transfers (up to IS percent) (attach list ofreclpients) -.' Amomrt of line (m) transferred to and used for drug abuse treatment and prevcDtion programs S 0.00 n. Total spent on matching grants (attach list) o. Total annual law enforcement budget for yOIII' jurisdiction for current fiscal year p. Total annual budget for non-law enforcement agencies for current fiscaI year q. Total annual law enforcement budget for YOIII' jurisdiction for prior fiscal year r. Total annual budget for non-law enforcement agencies for prior fiscal year $0.00 SO.OO SO.oo SO.OO SO.OO SO.oo ,0.00 SO.OO SO.OO SO.OO SO.OO SO.OO $0.00 $0.00 SO.OO SO.OO SO.oo SO.oo SO.OO SO.OO SO.OO sO.OO ,0.00 SO.OO $0.00 SO.OO S 116,566,900.00 5811,151,100.00 S 105,125,990.00 5782,770;2) 0.00 $0.00 Undar. penalty of perjury, the undcrsipDd hereby QCIti1Y thIt 1hc infonnalioo io this report is _ --lIllCOlIIItina offunds received and spcot by die I8w enb..eulCbt apnc:y mMIcr the fedcnd cquitabIc sh8rina JII'Otp'mI cIwin& this reportina period. Date: 11/5/04 Name (Print or Type) Donna Fiala Date Oo....i.. ...., ..... AIlboriMd ~ Si Sipatare: Title: Chairman, Collier County Board of CoUDty Commissioners This fonn is subject to the Freedom of Information Act and may be released under 5 U.S.C I 552. See www usdoi lZov/criminaVafmls.btm1 for additional forms. 100" ~.. ? Agenda Item No, 16J4 Novernber16.2004 Page 1 of 3 c- EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE TRANSFER OF FUNDS COLLECl'ED THROUGH THE COURT SYSTEM TO FUND THE COLLIER COUNTY JUVENILE ASSESSMENT CENTER TO THE CLERK OF THE CIRCUIT COURT TO BE USED EXCLUSIVELY FOR THE OPERATION OF THE JUVENILE ASSESSMENT CENTER. OBJECTIVE: To authorize the transfer of funds collected through the Court system to fund the Juvenile Assessment Center to the Clerk of the Circuit Court. CONSIDERATION: The Clerk of the Circuit Court in concert with the Sheriffs Office formally issued a request for proposal for the operation of the Collier County Juvenile Assessment Center. The successful responder was the David Lawrence Center with a cost of$loo,OOO annually. ,-. Prior to the implementation of Revision 7 to Article 5 of the State Constitution, funding for an assessment center was collected on all criminal cases. These funds are maintained by the Clerk of Court and can only be expended upon the request of the Sheriff. There is currently in excess of $107,000 in what is currently classified as "old money." With the implementation of the aforementioned revision to the Constitution, this funding source was eliminated. However, the Board was authorized to replace it by implementing a Ordinance for the imposition of $65 on certain criminal cases. This $65 is divided into quarters with 25 percent being available for juvenile alternative'programs. The Board of County Commissioners further divided this 25 percent between Teen Court and the Juvenile Assessment Center during the budget process. It is important to note that if the funds collected for juvenile alternative programs are not expended in the fiscal year that they are collected, they are transferred to what is referred to as "court innovations" programs and would not be used for the benefit of the children of Collier County. - ~~- In an effort to maximize the use of both funding sources, and to limit the impact on the General Fund, the funds collected should be transferred to the Clerk of the Circuit Court _ to ~d ,!;he Juvenile Assessment Cen~r in Collier CountYi',:-~~=_@.ortfa1ls from the . revenue e-ollected would be funded by previously collected funds with the authority of the Sheriff. The Board of County Commissioners authorized up to $76,000 in Fund 175 for fiscal year 2004/05 operating expenses for the Collier County Juvenile Assessment Center. The Clerk of courts would provide to the County an annual report highlighting the amount of funds received from Fund 175 and the disposition of said funds. FISCAL IMPACT: Funds are budgeted in the Juvenile Assessment Center Fund 175 in the amount of $76,000. All funds expended in this program would come exclusively from the portion of the $65 court costs collected, as mentioned above. This program has no impact on the general fund. Agenda Item No. 16J4 November 16, 2004 Page 2 of 3 - RECOMMENDATION: That the Board of County Commissioners authorize the transfer of funds collected through the Court system to fund the Collier County Juvenile Assessment Center to the Clerk of the Circuit Court to be used exclusively for the operation of the Juvenile Assessment Center. Reviewed by: Michael Smykowski, Budget Office Reviewed by: Jim Mitchell, Finance Director, Clerk of Courts Approved by: Dwight E. Brock, Clerk of Courts .- - ----~- - --.,. ~~-~--~., - -- Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No. 16J4 Novernber16,2004 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J4 That the Board of County Commissioners authorize the transfer of funds collected through the Court System to fund the Collier County Juvenile Assessment Center to the Clerk of the Circut Court to be used exclusively for the operation of the Juvenile Assessment Center. 11/16/20049:00:00 AM Management & Budget Director Date Office of Management & Budget 11/8/200411:57 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/9/20041:08 PM ~-- - -- --..- -==--~~--=-~~ ~.- - Agenda Item No. 16K1 Novernber16,2004 Page 1 of 6 .- EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment as to Parcel 144 in the lawsuit styled Collier County v. Primera Iglesia Cristiana Manantial De Vida, Inc., et al., Case No. 03-2372-CA (Golden Gate Parkway Project 60027). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment for payment of full compensation for the taking of Parcel 144 in the lawsuit styled Collier County v. Primera Iglesia Cristiana Manantial De Vida, et al., Case No. 03-2372-CA (Golden Gate Parkway Project 60027). CONSIDERA TIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 144 for the Golden Gate Parkway Project (Project No. 60027). On October 2, 2003, Collier County deposited into the Court Registry the sum of $7,300.00 for Parcel 144 in accordance with the Order of Taking. .- The Stipulated Final Judgment provides for a total of Eleven Thousand Five Hundred Noll 00 Dollars ($11,500.00) to be paid to Respondent, Ute C. Alber, as full compensation for the property rights taken as to Parcel 144 and all damages for the remainder. If approved by the Board of County Commissioners, the County will pay an additional $8,143.75 above the good faith deposit, which will include $4,200.00 in additional compensation, $2,500.00 for all costs, including expert appraisal fees and $1,443.75 in attorney's fees. The Stipulated final Judgment provides that Collier County shall deposit the additional amount of Eight Thousand One Hundred Forty-Three and 75/100 Dollars ($8,143.75) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL tMPACT: funds in the amount of $8,143.75 are available in the FY 2005 adopted budget. Source of funds are Gas Taxes and Impact Fees. - GROWTH MANAG1J:MENI--IM'P2\fT: ~one~_ _ . . - - RECOMMENDATION: That the Board of County Commissioners: 1. 2. 3. Account. Approve the Stipulated Final Judgment as to Parcel 144; Approve the expenditure of funds as stated; and Direct staff to pay the sum of$8,143.75 to the Forman, Hanratty & Montgomery, Trust PREPARED BY: Sandra Herrera, Legal Secretary, County Attorney's Office - Agenda Item No. 16K1 November 16, 2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. Meeting Date 16K1 Recommendation to approve a Stipulated Final Judgment as to Parcel 144 in the lawsuit styled Collier County v. Primera Iglesia Cristiana Manantial De Vida, Inc., et aI., Case No. 03- 2372-CA (Golden Gate Parkway Project 60027). 11/16/20049:00:00 AM Item Number Item Summary Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 10/28/2004 11 : 33 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 10/28/20043:19 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 10/28/2004 3:29 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services Approved By Norm E. Feder, AICP Transportion Services Approved By Kevin Hendricks Transportion Services Approved By David C. Weigel County Attorney Approved By OMB Coordinator County Manager's Office Approved By Michael Smykowski ,...- County Manager's Office Approved By 10/28/2004 5:42 PM Transportation Division Administrator Date Transportation Services Admin. 11/1/20043:28 PM Right Of Way Acquisition Manager Tran~fl-Engineering and Co-;';str-uction -~ ~ :C." Date 11/2/200412:43 PM - ~- - ~_-'='_r"";:':'__~_oo.::::.; County Attorney Date County Attorney Office 11/3/20049:30 AM Administrative Assistant Date Office of Management & Budget 11/3/200411 :14 AM Management & Budget Director Date Office of Management & Budget 11/3/20041 :09 PM --.----., .~-....,,-,--~-~.~ Agenda Item No. 16K1 November 16, 2004 Page 3 of 6 James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/3/2004 1: 28 PM ~~- --=-~-~~ =-~ . Agenda Item No. 16K1 November 16, 2004 Page 40f 6 THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2372-CA v. Parcel No.: 144 PRIMERA IGLESIA CRISTJANA MANANTIAL DE VIDA, INC., et al. Respondents. / STIPULA TED FINAL JUDGMENT AS TO PARCEL 144 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, UTE C. ALBER, by and through his undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 144, and it appearing to the Court that the parties are authorized to make such motion, the Court finding that the -compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is - toe full compensation due Respondent, =-Y_TE C:ALBER, and the Court being otherwise fully ~~- advised in the premises thereof, it is thereupOn, ORDERED AND ADJUDGED that Respondent, UTE C. ALBER, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eleven Thousand Five Hundred Dollars and No/I00 ($11,500.00) for Parcel 144 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further Agenda Item No. 16K1 November 16, 2004 Page 5 of 6 . ORDERED that Respondent, UTE C. ALBER, receIve from Petitioner, COLLIER COUNTY, FLORIDA, as a reasonable attorney's fee the sum of One Thousand Four Hundred Forty-three and 75/100 Dollars ($1,443.75), pursuant to Section 73.092. F.S.; it is further ORDERED that Respondent, UTE C. ALBER, receive from Petitioner, COLLIER COUNTY, FLORIDA, for all costs, including expert appraisal fees pursuant to Section 73.091, Fla. Stat., the sum of Two Thousand Five Hundred and No/I00 Dollars ($2,500.00) for Parcel No. 144. Except as provided herein. no additional fees and costs will be awarded in connection with this cause; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay within thirty (30) days of receipt of an executed copy of this Stipulated Final Judgment the total amount of Eight Thousand One Hundred Forty-three and 75/100 Dollars ($8,143.75) to the FORMAN HANRATTY & MONTGOMERY TRUST ACCOUNT. c/o Vanessa Thomas, Esq., 320 NW Third Avenue, P. O. Box 159, Ocala, FL 34478; it is further ORDERED that title to Parcel 144, a Perpetual, Non-Exclusive Road Right of Way, Drainage & Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY. FLORIDA. pursuant to the Order of Taking dated September 19, 2003, and the d_eposit~of money heretofore made, is approved, ratified, and- ~~- --=--~--..-;;.... confirmed: it is further ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 3311, Page 2134, of the Public Records of Collier County, Florida be dismissed as to Parcel 144; it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit to Collier County Board of County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Ot1ice of the County Attorney, 3301 East 2 Agenda Item No. 16K1 November 16, 2004 Page 6 of 6 Tamiami. Trail, Naples, FL 34112, lClS8 8T.1Y 8Ums retained by the Cl.,rk of Courts up to 10% 111 accordance with Scctian 28.33, F.S.; it is further ORDERED that this Stipulated Final Judgment is to bl: recorded in the Official RccQrds of Colli~ County. Florida.; it is further ORDERBD that this Court NServCS jurisdiction to CIliote\: the te:mlS of this Stipulated Finalludgmc:nt DONE AND ORDBRBD in CbaJ1\ben at Naples, Collier C(JU1lty, Florida this - day of J 2004. Ted BroU5$Uu ClR.CIDT COURT ruDGE Conformed Copies: Ellen T. Chadwell, Esq. VantlSa'I'homaS. Bsq. Kevin Henclrioks, Acquisition Mgrrrran~. Bookkeeping lplNT MnTlON F~ RTIPUUTED FINAL JUDGMENT. TO PARCEL 14j The parties hereby stipulate and rcspcctftl11y request this Court to enter the foregoing Stipul8.tcd Final Judgment as to Parcel 144. Dated: Dated: IClI ~~~ -U~~ VANESSA THOMAS, ESQ'UlRE Florida BarNo.: 702412 PORMAN HANRATIY & MONTGOMERY 320 NW Third Avenue 0081., FL 34475 (352) 732-3915 - Telephone (352) 351.1690 - Facsimile ATTORNEY FOR RBS?ONDENT _ .5 ELl~ T. CBAPWEL.L. ESQUIRE - Florida Be.rNo.:-e9838611, ' COLLIER coVN'I'Y ATTORNEY'S OFFICE Hannon Tumer Bu.ilding 3301 Bast Tamiarni Trail Na;pll:s, FL 34112 (239) 774-&400 . Telephone (239) 774-0225 - Facsimile A TIORNEY POR PBTITIONER 3 3 Agenda Item No. 16K2 November 16, 2004 . Page 1 of 6 EXECUT1VE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Beverly J. Gatti, for Parcel Nos. 160 & 960 in the amount of $35,305.00 in the lawsuit styled Collier County v. Beverly Gatti, et al., Case No. 03-2551-CA (Golden Gate Parkway Project 60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Beverly J. Gatti ("Respondent"), in the amount of $35,305.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel Nos. 160 and 960 in Collier County v. Beverly Gatti, et al., Case No. 03- 2551-CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 160 and 960 for the Golden Gate Parkway Project (Project No. 60027). On October 2, 2003, Collier County deposited with the Registry of the Court the sum of$30,700.00 for Parcels 160 and 960 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $35,305.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondent to carefully assess her claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to pay $4,605.00 in compensation to Respondent by Stipulated Final Judgment of the court and $1,321.65 in attorney's fees based on 33% of the "benefit," as provided by g73.092(I), Fla. Stat. If Respondent rejects the offer, and fails to recover more than $35,305.00 for Parcels 160 and 960, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed al1 considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the term~ of the Offer of Judgment to be,reasonabLe.~ ~--- FISCAL IMPACT: Funds in the amount of $5,926.65 ($.r,605 .dff~-$I ,32-t .65) are avmlable in the FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: I. Approve the terms of the Offer of Judgment and authorize its service on Respondent; 2. Approve the expenditure of funds as stated, if the offer is accepted; 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. - Agenda Item No. 16K2 November 16, 2004 Page 2 of 6 . PREPARED BY: Sandra Herrera, Legal Secretary, County Attorney's Office ~~- ~,._~-=..:- 2 Agenda Item No. 16K2 Novernber16,2004 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K2 Recommendation to authorize the making of an Offer of Judgment to Respondent, Beverly J. Gatti, for Parcel Nos. 160 & 960 in the amount of $35,305.00 in the lawsuit styled Collier County v. Beverly Gatti, et ai, Case No. 03-2551-CA (Golden Gate Parkway Project 60027). 11/16/2004 9:00:00 AM Meeting Date Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 10/27/200411:14 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 10127/20041:08 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportlon Services Transportation Administration 10/27/20042:43 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 10/28/20047:42 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 10/28/2004 11: 37 AM Approved By Norm E. Feder, AICP Tf'llnsportation Division.Administrator Date ~~- Transportion Services Transportation Services Admin. '1/1/2004'S:29 PM - Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/312004 9:33 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/31200411 :29 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1113/2004 11 :43 AM Approved By Agenda Item No. 16K2 November 16, 2004 Page 4 of 6 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1113120041:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/3/2004 1 :49 PM ~~- Agenda Item No. 16K2 November 16, 2004 Page 5 of 6 IN THE CIRCillT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2551-CA v. Parcel Nos.: 160,960 BEVERLY J. GA TII, et a\., Respondents. / OFFER OF JUDGMENT TO: Beverly J. Gatti C/o Charles R. Forman, Esq. FORMAN, HANRA TIY & MONTGOMERY 320 N.W. Third Avenue Ocala, Florida 34478 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, BEVERLY J. GA TI! ("Respondent"), for all compensation, including severance damages, business damages, costs to cllre, together with the value of the taking, and an.)'. Qther ~---- - claims of Respondent arising out of the taking of Parcels 160 and 960, in the tot11 amolifft of Thirty Five Hundred Five and No/IOO Dollars ($35,305.00), for Parcels 160 and 960, which includes the amount of $30,700.00 which was deposited pursuant to the Order of Taking dated September 19,2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. Agenda Item No. 16K2 Novernber16, 2004 Page 6 of 6 The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of such a request. Dated this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER ~ ~~--- 2 - Agenda Item No. 16K3 Novernber16,2004 Page 1 of 6 EXECUTIVE SUMMARY' Recommendation to authorize the making of an Offer' of Judgment to Respondents, Daniel and Desiree Hope for Parcel No. 172 in the amount of $9,545.00 in the lawsuit styled Collier County v. Bever~v Gatti, et al., Case No. 03- 2551-CA (Golden Gate Parkway Project 60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Daniel J. Hope and Desiree E. Hope ("Respondents"), in the amount of $9,545.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 172 in Collier County v. Beverly Gatti, et at., Case No. 03-2551-CA. CONSIDERATIONS: On September 19,2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 172 for the Golden Gate Parkway Project (Project No. 60027). On October 2, 2003, Collier County deposited with the Registry of the Court the sum of $8,300.00 for Parcel 172 in accordance with the Order of Taking. .- The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $9,545.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to pay $1,245.00 in compensation to Respondents by Stipulated Final Judgment of the court and $410.85 as attorney's fees based on 33% of the "benefit," as provided by 973.092(1), Fla. Stat. If Respondents reject the offer, and fail to recover more than $9,545.00 for Parcel 172, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. ---:_ -..;0 ~_~.-;~.., -~-~- FISCAL IMPACT: Funds in the amount of$I,655.85 ($1,245.00 + $410.85) are available in dle FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: I. Approve the terms of the Offer of Judgment and authorize its service on Respondents; 2. Approve the expenditure of funds as stated, if the offer is accepted; 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. - Agenda Item No. 16K3 November 16, 2004 Page 2 of 6 PREPARED BY: Sandra Herrera, Legal Secretary, County Attomey's Office ,-::,::~~;.Cc_,-...;;___ -:-~~ 2 Agenda Item No. 16K3 . November 16, 2004 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K3 Recommendation to authorize the making of an Offer of Judgment to Respondents. Daniel and Desiree Hope for Parcel No. 172 in the amount of $9,545.00 in the lawsuit styled Collier County v. Beverly Gatti, et ai, Case No. 03-2551-CA (Golden Gate Parkway Project 60027). 11/16/20049:00:00 AM Meeting Date Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 10/27/20042:17 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 10/27/20042:44 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 10/27/20045:25 PM Approved By Eugene Calv~rt Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 10/28/20047:44 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 10/28/2004 11: 53 AM Approved By -:Norll! -iz:F~~.L A~CP -- ~'-~_-:--_~ Transportation Division Administrator Date - Transportion Services Transportation Services Admin. 11/1/20043:29 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/20049:36 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/200411 :32 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/200412:56 PM Approved By Agenda Item No. 16K3 November 16, 2004 Page 4 of 6 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/3/20041:15 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/4/20041:39 PM ~--=.c -= _-:-_~ Agenda Item No. 16K3 November 16, 2004 Page 5 or6 . IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision ofthe State of Florida, Petitioner, Case No.: 03-2551-CA v. Parcel No.: 172 BEVERL Y 1. GATTI, et aI., Respondents. / OFFER OF JUDGMENT TO: Daniel J. Hope Desiree E. Hope C/o Charles R. Forman, Esq. FORMAN, HANRATTY & MONTGOMERY 320 N.W. Third Avenue Oca:ia, Florida 34478 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, DANIEL J. HOPE and DESIREE E. HOPE ("Respondents"), for all _ compe~~ ~luding severance damages, business damages, costs to cure, together witlnlie value of the taking, and any other claims of Respondents arising out of the taking of Parcel 172, in the total amount of Nine Thousand Five Hundred Forty Five and No/tOO Dollars ($9,545.00), for Parcel 172, which includes the amount of $8,300.00 which was deposited pursuant to the Order of Taking dated September 19,2003. This offer is being made jointly to Daniel J. Hope and Desiree E. Hope, and can only be accepted by both Respondents. Agenda Item No. 16K3 November 16, 2004 '.page 6 of 6 There are no non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondents' review upon reasonable notice of such a request. Dated this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER ~~-~":'""""_--;;;--, 2 ..^''''-' Agenda Item No. .16K4 November 16, 2004 Page 1 of5 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondents, Joseph and Beth Manning for Parcel No. 169 in the amount of $8,510.00 in the lawsuit styled Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550-CA (Golden Gate Parkway Project 60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Joseph M. Manning and Beth A. Manning ("Respondents"), in the amount of $8,510.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 169 in Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550-CA. CONSIDERATIONS: On September 19,2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 169 for the Golden Gate Parkway Project (Project No. 60027). On October 2, 2003, Collier County deposited with the Registry of the Court the sum of $7,400.00 for Parcel ]69 in accordance with the Order of Taking. .- The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $8,510.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondl?nts' accept, the County will pay $1,110.00 in compensation to Respondents by Stipulated Final Judgment of the court and $485.10 as attorney's fees based on 33% of the "benefit," as provided by 973.092(1), Fla. Stat. If Respondents rejects the offer, and fail to recover more than $8,510.00 for Parcel 169, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office consid~~s the te~ms of the Offer of Judgment to be reasonable. - -- ... - - ~ ~~~-;;:'-=,--~ FISCAL IMPACT: -Fund~ inthe amount of$I,595.10 ($1,110 +-$485.10) are available in the FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: I. Approve the terms of the Offer of Judgment and authorize its service on Respondents; 2. Approve the expenditure of funds as stated, if the offer is accepted; .,- Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Sandra Herrera, Legal Secretary, County Attorney's Office 3. Agenda Item No. 16K4 November 16, 2004 . Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K4 Recommendation to authorize the making of an Offer of Judgment to Respondents. Joseph and Beth Manning for Parcel No. 169 in the amount of $8,510.00 in the lawsuit styled Collier County v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate Parkway Project 60027). 11/16/2004 9: 00: 00 AM Meeting Date Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 10/2712004 11 :46 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 10/27/20042:44 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 10/27120045:27 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 10/28/20047:45 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 10/28/2004 11 :43 AM Approved By Norm E. Feder, AICP - - 'Tran-spo-rfalfoifn1Vlsion Administrator Date Transportion Services Transportation Services Admin. 11/1/20043:30 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/2004 9:38 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1113/200411 :34 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/20042:01 PM Agenda Item No. 16K4 November 16, 2004 . Page 3 of 5 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/20044:56 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/4/20045:37 PM - ~-- - ~-=-~-----~.. Agenda Item No. 16K4 Novernber16,2004 Page 4 of 5 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision ofthe State of Florida, Petitioner, Case No. 03-2550-CA v. Parcel No.: 169 THOMAS F. SALZMANN, et aI., Respondents. / OFFER OF JUDGMENT TO: Joseph M. Manning Beth A. Manning c/o Peter T. Flood 125 North Airport Rd, Suite 202 Naples, Florida 34104 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make'this binding offer of judgment in this action to the Respondents, JOSEPH M. MANNING and BETH A. MANNING ("Respondents"), for all compensation, including severance .damages,- business damages, costs to cure, together with the - ~~~--=-~." - value of the taking, and any other claims of Respondents arising out of the taking of Parcel 169, in the total amount of Eight Thousand Five Hundred Ten and No/I00 Dollars ($8,510.00), for Parcel 169, which includes the amount of $7,400.00 which was deposited pursuant to the Order of Taking dated September 19, 2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. Agenda Item No. 16K4 November 16, 2004 Page' 5 of 5 The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondents' review upon reasonable notice of such a request. Dated this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER -=-------='-~- --"'?-.- 2 Agenda Item No. 16K5 November 16,2004 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondents, Marvin and Eva Smith for Parcel Nos. 162 & 762 in the amount of $20,355.00 in the lawsuit styled Collier County v. Beverly Gatti, et aL, Case No. 03-2551-CA (Golden Gate Parkway Project 60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Marvin E. Smith and Eva M. Smith ("Respondents"), in the amount of$20,355.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel Nos. 162 and 762 in Collier County v. Beverly Gatti, et al., Case No. 03-2551-CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 162 and 762 for the Golden Gate Parkway Project (Project No. 60027). On October 2,2003, Collier County deposited with the Registry of the COllrt the sum of$17,700.00 for Parcels 162 and 762 in accordance with the Order of Taking. - The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $20,355.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to pay $2,655.00 as compensation to Respondents by Stipulated Final Judgmen,h)fthe court and $645.15 as attorney's fees based on 33% of the "benefit," as provided by S73.092(1), Fla. Stat. If Respondents reject the offer, and fails to recover more than $20,355.00 for Parcels 162 and 762, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of JudgmeIlt_to be re_asonable. -_.- - - - ............. -=---.:;..'---,~~-~ '':"FISCAL IMPACT: Funds in the-amount of $3,300.15 ($2,655 + $645.15) are available in the FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWm MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents; 2. Approve the expenditure of funds as stated, if the offer is accepted; 3. .'- Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Sandra Herrera, Legal Secretary, County Attorney's Office Agenda Item No. 16K5 November 16, 2004 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K5 Recommendation to authorize the making of an Offer of Judgment to Respondents, Marvin and Eva Smith for Parcel Nos. 162 & 762 in the amount of $20,355.00 in the lawsuit styled Collier County v. Beverly Gatti, et aI., Case No. 03-2551-CA (Golden Gate Parkway Project 60027). 11/16/2004 9:00:00 AM Meeting Date Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 10/27/20042:23 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 10/27/20042:45 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 10/27/20045:30 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 10/28/2004 7:46 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 10/28/2004 11 :39 AM Approved By ~~- _~.Nol'rit:,E. Feder, AICP - - ~ Transportation Division Administrator--.3-~-=-~, Date Transportion Services Transportation Services Admin. 11/1/20043:30 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/20049:40 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/200411 :35 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/4/200412:36 PM Agenda Item No. 16K5 November 16, 2004 Page 3 of 5 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/20044:57 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/4/20045:47 PM ---=---:-~----~ .- - Agenda Item No. 16K5 November 16, 2004 Page 4 of 5 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No.: 03-2551-CA v. Parcel Nos.: 162 & 762 BEVERL Y J. GATTI, et aI., Respondents. / OFFER OF JUDGMENT TO: Marvin E. Smith Eva M. Smith C/o Charles R. Forman, Esq. FORMAN, HANRATTY & MONTGOMERY 320 N.W. Third Avenue Ocala, Florida 34478 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, MARVIN E. SMITH and EVA M. SMITH ("Respondents"), for all compensation, - - _oc -=...,,--jftc1Uding sever~nce damages,' business damases, costs_to cure,~Jl~~i.th. the value of the - -- ~ -. .- - - --..- taking, and any other claims of Respondents arising out of the taking of Parcels 162 and 762, in the total amount of Twenty Thousand Three Hundred Fifty Five and No/tOO Dollars ($20,355.00), for Parcels 162 and 762, which includes the amount of $17,700.00 which was deposited pursuant to the Order of Taking dated September 19, 2003. This offer is being made jointly to Marvin E. and Eva M. Smith, and can only be accepted by both Respondents. Agenda Item No. 16K5 November 16, 2004 Page 5 of 5 This offer is conditioned on the Respondents assumIng responsibility to pay any apportionment claim by Wachovia Mortgage Corporation, to which Wachovia Mortgage Corporation is entitled under the terms ofthe mortgage. There are no other non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondents' review upon reasonable notice of such a request. Dated this _ day of ,2004. OFFIcE OF THE COUNTY ATTORNEY Harmon Turner Building 330] East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ~~- ~-- - BY';...:..~_=_~ ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 A TTORNEY FOR PETITIONER 2 .- Agenda Item No. 16K6 November 16, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondents, David and Barbara S. Burgeson for Parcel No. 170 in the amount of $15,000.00 in the lawsuit styled Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550-CA (Golden Gate Parkway Project 60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat.. to Respondents, David M. Burgeson and Barbara S. Burgeson ("Respondents"), in the amount of $15,000.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 170 in Collier County v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 170 for the Golden Gate Parkway Project (Project No. 60027). On October 2, 2003, Collier County deposited with the Registry of the Court the sum of $12,600.00 for Parcel 170 in accordance with the Order of Taking. -''''''''''''''' The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $15,000.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will pay $2,400.00 in compensation to Respondent by Stipulated Final Judgment of the court and $917.40 as attorney's fees based on 33% of the "benefit," as provided by Fla. Stat. SJ3 .092(1). If Respondents reject the offer, and fail to recover more than $15,000.00 for Parcel 170, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer ofJudgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $3,317.40 ($2,400 + $917.40) are available in the FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents; 2. Approve the expenditure of funds as stated, if the offer is accepted; 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. -- PREPARED BY: Sandra Herrera, Legal Secretary, County Attorney's Office 2 Agenda Item No. 16K6 November 16, 2004 Page 2 of 6 Agenda Item No. 16K6 November 16, 2004 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K6 Meeting Date Recommendation to authorize the making of an Offer of Judgment to Respondents, David and Barbara S. Burgeson for Parcel No. 170 in the amount of $15,000.00 in the lawsuit styled Collier County v. Thomas F Salzmann, et aI., Case No. 03-2550-CA (Golden Gate Parkway Project 60027). 11/16/2004 9:00:00 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 10/27/20042:24 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 10/27/20042:46 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 10/27/20045:32 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 10/28/20047:47 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 10/28/2004 11 :41 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 11/1/20043:31 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/20049:42 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/2004 11 :37 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/2004 2:11 PM Agenda Item No. 16K6 November 16, 2004 Page 4 of 6 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4120044:58 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1115/2004 10:04 AM Agenda Item No. 16K6 November 16, 2004 Page 5 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2550-CA v. Parcel No.: 170 THOMAS F. SALZMANN, et aI., Respondents. / OFFER OF JUDGMENT TO: David M. Burgeson Barbara S. Burgeson C/o Charles R. Forman, Esq. Forman, Hanratty & Montgomery 320 N.W. Third Avenue Ocala, Florida 34478 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, DAVID M. BURGESON and BARBARA S. BURGESON ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcel 170, in the total amount of Fifteen Thousand and No/I00 Dollars ($15,000.00), for Parcel 170, which includes the amount of $12,600.00 which was deposited pursuant to the Order of Taking dated September 19,2003. This offer is being made jointly to Respondents DAVID M. BURGESON and ,.'- BARBARA S. BURGESON, and can only be accepted by both Respondents. Agenda Item No. 16K6 November 16, 2004 Page 6 of 6 There are no non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondents' review upon reasonable notice of such a request. Dated this _ day of October, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 A ITORNEY FOR PETITIONER 2 Agenda Item No. 16K7 November 16, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondents, Donald and Pauline Profitt, for Parcel No. 156 in the amount of $24,265.00 in the lawsuit styled Collier County v. Joseph Sannicandro, et al., Case No. 03-2500-CA (Golden Gate Parkway Project 60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Donald Lee Profitt ("Respondents"), in the amount of $24,265.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No.156 in Collier County v. Joseph Sannicandro, et al., Case No. 03- 2500-CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 156 for the Golden Gate Parkway Project (Project No. 60027). On September 30, 2003, Collier County deposited with the Registry of the Court the sum of$21,000.00 for Parcel 156 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $24,265.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees /- and other such costs. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to pay $3,265.00 to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $24,265.00 for Parcel 156, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Although the offer does not include attorney's fees, if Respondent accepts, the attorney's fee based on benefit achieved pursuant to S 73.092, Fla. Stat., is $1,044.45. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $4,309.45 are available in the FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent; 2. Approve the expenditure of funds as stated, if the offer is accepted; .- 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Jeffrey C. Clapper, Legal Assistant, County Attorney Agenda Item No. 16K7 November 16, 2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K7 Recommendation to authorize the making of an Offer of Judgment to Respondents, Donald and Pauline Profitt, for Parcel No. 156 in the amount of $24,265.00 in the lawsuit styled Collier County v. Joseph Sannicandro, et aI., Case No. 03-2500-CA (Golden Gate Parkway Project 60027). 11/16/20049:00:00 AM Meeting Date Prepared By Date Jeffrey C. Clapper Legal Assistant 10/29/20044:29:49 PM County Attorney County Attorney Office Approved By Nonn E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 11/1/20043:50 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 11/1/20044:24 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 11/1f2004 4:42 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 1111f2004 5:07 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11/2f2004 5:02 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 11/2/20045:11 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/200411 :22 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/2004 2:20 PM Agenda Item No. 16K7 November 16,2004 Page 3 of 6 Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/4/2004 12:42 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/20045:07 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/5/20046:07 PM Agenda Item No. 16K7 November 16, 2004 Page 4 of6 IN THE CIRCUIT COURT OF THE TWENTlEm JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Case No.: 03-2500-CA Petitioner, Parcel No.: 156 vs. JOSEPH SANNICANDRO, et aI., Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, has served Petitioner's Offer of Judgment to the Respondents, DONALD LEE PROFITT AND PAULINE J. PROFIIT, as to Parcel 156 in the above-styled cause. I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment have been furnished via Regular U.S. Mail to Charles R. Forman, Esq., Forman, Hanratty & Montgomery, 320 N.W. Third Ave., Ocala, Florida 34478 and a copy of this Notice has been sent to Gregg R. Dreilinger, Esq., Law Offices of David Stern, P.A., 801 S. University Drive Ste. 500, Plantation, FL 33324 on this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 A TTORNEY FOR PETITIONER ,.,.---- . I Agenda Item No. 16K7 November 16, 2004 Page 5 of 6 IN mE CIRCUIT COURT OF THE TWENTIEm JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Case No.: 03-2500-CA Petitioner, Parcel No.: 156 vs. JOSEPH SANNICANDRO, et aI., Respondents. / OFFER OF JUDGMENT TO: Donald Lee Profitt Pauline 1. Profitt C/o Charles R. Forman, Esq. FORMAN, HANRATTY & MONTGOMERY 320 N.W. Third Avenue Ocala, Florida 34478 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, DONALD LEE PROFITT AND PAULINE 1. PROFITT ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcel 156, in the total amount of Twenty-four Thousand Two Hundred Sixty-five and No/tOO Dollars ($24,265.00), for Parcel 156, which includes the amount of $21,000.00 which was deposited pursuant to the Order of Taking dated September 19,2003. This offer is conditioned on the Respondents paying Citi Mortgage, Inc. that portion of the funds to which Citi Mortgage, Inc. is entitled under the mortgage. 1 Agenda Item No. 16K7 November 16, 2004 Page 6 of 6 There are no other non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of such a request. Dated this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 330] East Tamiami Trail Naples, Florida 34] 12 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER 2 ,....- Agenda Item No. 16K8 November 16,2004 Page 1 of 20 EXECUTIVE SUMMARY Recommendation to approve the Mediated Settlement Agreement as to Parcels 132A and 132B in the lawsuit styled Collier County v. Village Walk Homeowners Association of Naples, Inc., et al., Case No. 04-345-CA (Vanderbilt Beach Road Project 63051). OBJECTIVE: That the Board of County Commissioners approve this Mediated Settlement Agreement and Stipulated final Judgment as to Parcels 132A and 132B in the lawsuit styled Collier County v. Village Walk Homeowners Association of Naples, Inc., et ai, Case No. 04-345- CA. CONSIDERATIONS: On June 4, 2004, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 132A and easement acquisition of Parcel 132B for the Vanderbilt Beach Road Project. (Project No. 63051). On June 18, 2004, Collier County deposited into the Court Registry the sum of $33,500.00 for Parcels 132A and 132B in accordance with the Order of Taking. /-, After receipt of the property owner's appraisal report assessing compensation at $185,000, the parties attended a mediation conference on October 19, 2004, at which the parties agreed to the attached Mediated Settlement Agreement whereby the property owners will be fully and fairly compensated for the taking of Parcels 132A and 132B for purposes of the Vanderbilt Beach Road widening project in the amount of $46,750.00. In addition the Mediated Settlement Agreement provides for the statutory attorney's fee which is calculated at 33% of the difference between the settlement amount of $46,750.00 and staffs initial offer of $29,900.00, in per statute. The Stipulated Final Judgment incorporates the terms of the Mediated Settlement Agreement and provides that Petitioner pay the additional sum of $13,250.00 to Respondents, Sherry L. Turnpaugh, Leslie Amber Turnpaugh, and Ryan Scott Tumpaugh, as full compensation for the property rights taken for Parcel 132A and 132B and $5,560.50 to Timothy W. Ferguson for attorney's fees. Staff has reviewed the County's obligations set forth in the Mediated Settlement Agreement and Stipulated Final Judgment and considers them to be reasonable and fair. FISCAL IMPACT: Funds in the amount of $18,810.50 are available in the FY 2005 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Mediated Settlement Agreement; .-- 2. Approve the expenditure of the funds as stated; Agenda Item No. 16KB November 16, 2004 Page 2 of 20 3. Approve a Stipulated Final Judgment based on the terms of the Mediated Settlement Agreement, and authorize payment accordingly. PREPARED BY: Sandra Herrera, Legal Secretary, County Attorney's Office Agenda Item No. 16K8 November 16, 2004 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K8 Meeting Date Recommendation to approve the Mediated Settlement Agreement as to Parcels 132A and 1328 in the lawsuit styled Collier County v. Village Walk Homeowners Association of Naples, Inc., et aI., Case No. 04.345-CA (Vanderbilt Beach Road Project 63051). 11/16/20049:00:00 AM Approved By Eugene Calvert PrinCipal Project Manager Transportation Engineering and Construction Management Date Transportations Services 10/29/20047:11 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 10/29/2004 2:10 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 10/29/20044:33 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 11/1/20043:46 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 11/2/200412:54 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11/2/20043:39 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/200411 :27 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/200411:51 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/20042:40 PM Approved By Agenda Item No. 16K8 November 16, 2004 Page 4 of 20 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/200411:11 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/4/20043:22 PM Agenda Item No. 16K8 November 16, 2004 Page 5 of 20 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, Petitioner, Case No. 04-345-CA v. Parcel Nos.: 132A, 132B VILLAGE WALK HOMEOWNERS ASSOCIA TION OF NAPLES, INe. et al. Respondents. / STIPULA TED FINAL JUDGMENT AS TO PARCELS 132A & 132B THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, SHERRY L. TURNPAUGH, LESLIE AMBER TURNPAUGH, and RYAN SCOTT TURNPAUGH, by and through their undersigned counsel, for entry of a Stipulated final Judgment as to Parcel Nos. 132A and 132B, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due to the Respondents, SHERRY L. TURNPAUGH, LESLIE AMBER TURNPAUGH, and RYAN SCOTT TURNPAUGH, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, SHERRY L. TURNP AUGH, LESLIE AMBER TURNPAUGH, and RYAN SCOTT TURNPAUGH, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Forty Six Thousand Seven Hundred Fifty and No/100 Dollars ($46,750.00) for Parcel Nos. 132A and 132B as full payment for the property 1 Agenda Item No. 16K8 November 16, 2004 Page 6 of 20 interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value previously deposited in the amount of $33,500.00; it is further ORDERED that Respondents, SHERRY L. TURNPAUGH, LESLIE AMBER TURNPAUGH, and RYAN SCOTT TURNPAUGH, receive from Petitioner as a reasonable attorney's fee pursuant to Section 73.092, Fla. Stat., the sum of Five Thousand Five Hundred Sixty and 50/100 Dollars ($5,560.50). Except as provided herein, no other attorney's fees shall be awarded in connection with the above-styled cause of action as it relates to Parcel Nos. 132A and 132B; it is further ORDERED that Petitioner, COLLIER COUNTY, shall pay Respondents, SHERRY L. TURNPAUGH, LESLIE AMBER TURNPAUGH, and RYAN SCOTT TURNPAUGH, the total amount of Eighteen Thousand Eight Hundred Ten and 50/100 Dollars ($18,810.50) made payable to FERGUSON LAW GROUP TRUST ACCOUNT, c/o Timothy W. Ferguson, Ferguson Law Group, 4265 Bonita Beach Road, Bonita Springs, Florida, 34134, for proper disbursement in accordance with this Order and the claims of the mortgagee; it is further ORDERED that the terms of the Mediated Settlement Agreement entered into by the parties on October 19,2004, are incorporated herein and made a part hereof; it is further ORDERED that the Court reserves jurisdiction to award appraisal fees and costs as to Parcel Nos. 132A and 132B upon proper motion; it is further ORDERED that disbursement to Respondents, SHERRY L. TURNPAUGH, LESLIE AMBER TURNPAUGH, and RYAN SCOTT TURNPAUGH, is subject to any apportionment claims of Respondent, Suncoast Schools Federal Credit Union; it is further 2 Agenda Item No. 16K8 November 16, 2004 Page 7 of 20 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3522, Page 4047 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 132A and 132B; and it is further ORDERED that the Clerk of this Court disburse the total amount of Thirty Three Thousand Five Hundred and No/tOO Dollars ($33,500.00) to FERGUSON LAW GROUP TRUST ACCOUNT, c/o Timothy W. Ferguson" Ferguson Law Group, 4265 Bonita Beach Road, Bonita Springs, Florida 34134, LESS any amounts due to Collier County Tax Collector; it is further ORDERED that title to Parcels 132A and 132B being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, pursuant to the Order of Taking dated June 4,2004, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit to Collier County Board of County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance with Section 28.33, F.S.; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of ,2004. 3 Agenda Item No. 16K8 Novernber16,2004 Page 8 of 20 DANIEL R. MONACO CIRCUIT COURT JUDGE Conformed copies to: Ellen T. Chadwell, Esq. Timothy W. Ferguson, Esq. Suncoast Schools Federal Credit Union Jean G. Howard, Esquire E. Glenn Tucker, Esq. Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcels 132A and 132B and state as follows: 1. Respondents, Leslie Amber Turnpaugh and Ryan Scott Turnpaugh, have given Respondent, Sherry L. Turnpaugh, full authority to settle any interest or claim they have in Parcels 132A and 132B, and have executed Durable Powers of Attorneys to that effect. Copies of these Durable Powers of Attorneys have been filed in this cause. 2. Petitioner, is relying on this authority in resolving this matter and entering into settlement with Respondent, Sherry L. Turnpaugh. WHEREFORE, the undersigned parties move this Court for entry of the foregoing Stipulated Final Judgment. Dated: Dated: 4 Agenda Item No. 16K8 Novernber16,2004 Page 9 of 20 TIMOTHY W. FERGUSON, ESQUIRE Florida Bar No. FERGUSON LAW GROUP 4265 Bonita Beach Road Bonita Springs, Florida 34134 (239) 947-3600 - Telephone (239) 947-3610 - Facsimile ATTORNEY FOR RESPONDENTS SHERRY L. TURNPAUGH, LESLIE AMBER TURNP A UGH & RYAN SCOTT TURNPAUGH ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Harmon Turner Building County Attorney Office 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Stipulated Final Judgment has been furnished via U.S. Mail to all parties on the attached Service List on this day of ,2004. ELLEN T. CHADWELL, ESQUIRE 5 't Agenda Item No. 16K8 November 16, 2004 Page 10 of 20 . " 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.: 04-345-CA Petitioner, PARCEL NO.: 132A, 132B v. VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC., Defendants. I MEDIATED SETTLEMENT AGRFF.MRNT At a Mediation Conference held on October 19,2004, the parties reacl1ed tbe following Settlement Agreement: ]. Petitioner will pay to Defendant{ s), Shury L. IUI"'''~WJh:. ~ law TfJnfIJdlll/.A ~~'Scd1- 7U1'>>f~ ' the gum o~ /;€. in full settl of all claims for compensation from Petitioner whats{l~er, inclucpng statutoIY. interest, but excluding att9FRey'S f~ ~rt's fees, and costs. fJl.htTone./' willfJety /)elf3Jt"J~ slaneky ~ ~ t:ee. iA ~ olWJUirll of k'~560.5o/~. 2. Petitioner is entitled to a credit in the amount of$ ~3..5Z;. ~o which was previously deposited in the Registry of the Court in this case by Petitioner. 3. COl1IlseI for Petitioner and Dcfendant(s) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. 4. Petitioner will pay Defendant(s) the balance due of$/ ~ BltJ. >%0 within 00 days of the entry of the Stipulated Final Judgment by the Court. t Agenda Item No. 16K8 November 16, 2004 Page 11 of20 5. This Agreement is subject t.o approval by the Board of County Commissioners of Collier County. 6. The Court will retain jurisdiction herein as to the matter of Defendants auOt:R~.~ fee\ expert's fees, and costs. 7. Attached hereto is an Addendum to this Agreement. .V Yes No 8. This Agreement and the attached addeodum. if any, contain(s) all of the agreements of the parties. ~t?~ p . oner ~ILI-L C)1~ Attorney for Petitioner Defendant ~,~ ~~+- . h ~ 2 Agenda Item No. 16K8 November 16, 2004 Page 12 of 20 .. ADDll'.NDUM TO MEDIATED SETTLEMF..NT AGREEMENT This settlement is made subject to the following additional conditions: /. 71€.. ~ ~ 4.RAUit a~e.-!?/j6/~cfo , v o/~rfTMJJ1.I!HI:, /r0itj'. j;"", d~ P . ioner .hh- tJ ~-- Attorney for Petitioner 4!!1.~d Defendant $t- ;-c-~ ~.FtfuA--- orney for Defi ant(s) . 3 L. Agenda Item No. 16KB November 16, 2004 Page 13 of 20 pURABLE POWER OF ATTORNEY BytbisDurablcPower of Attorney, 1, RYAN SCOTT TI.JlUolPAUGH.. ofRUSSIVlillLE, INDIANA, appoint SHERRY L. TIJBNP AUGH. as my attomey-in-fact to manage my affairs. This D\mIble P0"Wt3 of Attomeysha11 not be affected. by any physical onnenta1 disability that I may suffer. except as provided by statute, and it sh811 be exe.rcis$bl~ from this dato. All acts done \Dldcr this pDm=r by my attorney-in-fact shall bind me. my h~, devisees, and personal representatives. nus power of attorney is non-delcgablo. Oalymyb1tcrest in the propa:ty located at 811 Logan Blvd. , l'faples, Collier County" Florida, is subject to t:his Durable Power of Attorney. Wi~t limiting the broad pDwers conferred by th~ preceding provisions, I authorize my attorney-in..fact to: 1. Collect all S1JJWI of money and other propeuty that maybe payable or belocging to me and eJC.ecute receipts,. releases, canceUations, or discharges- 2. account Settle any account in which I have my intcrt:st and pay orIcceive the balmce oftbat 3. BorrOw money DB the tem1S and with the 5~ty8S myattom~-iu.-factthiDks fit and execute all notes, mortgages, and other instruments that my attomey-in-fact fin.da neccssuy Dr ~l~. . 4. . Draw, accept, endorse, or otherwise daal with any cheeks or other commert:ial instruments, 6pClcitically including the rigktt to make wi1b.tkawals from any checking or savings account. " S. Redeem bDnds issued by the United States govCIDlMisnt Qt ~y of its agencies, any other bonds. my certificates of deposit., or other similar assets beloqing to me. 6. Sell or redeem any of my assets, including but not limited to real estate. bonds, shares ofstoc~ mutual :fimc1S) &nnuities, wammt6, OX'debeotures; execute all:usignmcntE. and deeds or other instrum<<1ts JJ,eCe8Sary or pxoper for transferring them to the purchaser or purchasm; and. give good ",ceiptr. and c1iaGbatges for all money payable with regatd 10 thsm.. . 7. Manage, lease, and superintend any of my raal est:a.t.e. 8. Pmchase bonds, shares of stock, mutual :fiUlds, and any other securities, annuities, or real c$ta1e as my &ttomey-in.faet thinks fit. Agenda Item No. 16K8 November 16, 2004 Page 14 of 20 9 . Vote at all meetings of stockholders of any company and otherwise act as my p:roxy with lllSpcctto my shares of6tock or other ge(jurlties or investments that now or hereafter belong to me, and appoint substitutes or proxi.es with respect to any of thole shares of stock. 1 (). Execute on my behalf any tax returo. make my tax el~tioos or ronsents that I could make, and act for xp.e in any examination. audit, hearing, c~ or litigation relating to ta:xe&. including the authority to file and prosecute refund claims and. ent<< into any settlements. 11. Engage, employ, and di!m1iss any agents, clerks, servants, or other persons as my attmney.in-t'act,- in his 80le discretion, sh8ll ~ider necessary at advisable. 12. Prosecute, defend, and settle all ~tions arother legal ~ withrogard to my of my asstrts in arrymanner. 13. Purchase bonds iswed by the United States. cox:nmonlyknown as "flower~"1:b.at can be applied at face or maturity V'8lue on acccrunt of Qltate tax liabilities. 14. Organize, either singly or in conjlJDCtion with others; a corporation, partnersbil'J or o1hcr entity, and transfer assets to that entity. 15. Make gi:ltA of my of my property in conp.ection :With estate. gift, income.. or gencranon..Qdpping tax plAnmng ptocedureS for me C011SisteD.t with ~ gencre1 teatamentmYintcm.t. Provided, however, that gifts to my attomey..in-fact shilll 1101 aceed the 8IDI.ual exclusion <IS described in InteuW Revenue Code ~2503(b) as amended from tiJlU, to time. 16. Exercise any power o frevo catioc oramendmtmtretai,ned bymc Qveranyli'Y'ing'Q:U5t ofwbicb I am. or UlaybecoIJlt grantor as. ma.y be required or advisable to better accaIJ1PlishJD.Y intcmt as expreSsed tb<<ei11 and transfer any of my assets to the trustee of aUy living tnlSt ofwbich I am or nay bccxnne grantor and create a living tIdSt for me, consistent With m.y general testammrtarY interest. . 17. Disclaim any assets pl8lring to me. 18. Enter any safe deposit box stmdiDg in my name. alot;lc or jointly, and remove my or all coo.tents. 19. Make all health care deoisions :fur me. 20. Authorize my adD1i68ion to a~, nursing, xesideiJ.tial, or similar facility and m1ter into agreement5 for my care. ' 21. Authorize my admission to a mental health facility for psyohiatric or psycllological evaluation, treatment. or care. release me from sucb a facility, imd have access to all of my clinical reoords while I aDl a patient at such a facility. . 22. Collect and receive aU sums of money and other property that may be payable to me byreason OflIlyperticipation in a qualified retirement piG, by.."B.S~C of my being the beneficiax}' of [. Agenda Item No. 16KB November 16, 2004 Page 15 of20 a. partit:ipant in a qualified retin:ment plan, or that may be payable to me, as owner or beneficiary. fInm 1ID Individual Retirement Account. . 23. Make on my behalf any clectjODS or choices available to me and give on my behalf any COD8cnts req~ by reason of eitbl:ll' my participation in or m.y being 1ho beo.eficiazy of a participant in aqua1ified mirement plan. md make any eleetioD$ or choices &\'a11abl.e to me and give on my behalf any CDD5ents required undar my Individual R.etirem~t Account of which I am the own_ or beneficiary, includins the risht to wi1b.draw money and make inves1ment decisions. 24. Establish for my benefit one orman Individual R.e1ireriumt A.Gooun1B with any trustee or custodian. 25. TJ,"8.USfm any of my asseta 10 the tcus'tee or oustodian of au Individual RrAiIement Account established for my bGlfit. 26. Execute and fund on my behalf an Irrevocable Incotpe: Cap Trust to eI111ble me to qualify for Medioaid benefits or any other govemmen1al assistance ,rogram. 27. Do mytbing regarding my estate. property, aDd affairs'that I oould do myselfifl were competalt. The powe::rs confm:rcd on my attorney-in-fact extend to all of my right, ti11~ and interest in property in which I may have an ~est joiIitlywith any oth.cr persons, whether in an estate by the c.o.tirctie~ jojnt temmcYt or tenanoy in common. Tbird parties: wOO act in reliance on the authority gramed to my attorney-i;n-:6mt under this durable power of attomoy and. in accardanct:i with the instrUetions of the ~y-in-mct sh8ll be, BOd Iweby are, held hcmless by me &om any 10sI suffered or liabilitY incurred u a rcsaU of actions taken befoJ.'e reoeipt ofwnttrJn notice ofrevooation, suspcmsion. or p;p:tial or complete tmmination of this pawet, notice of a petition to detemlisle incapacity. or my death. My attmney-in-fact sballl!lXel'clac this durable pOwm' of att~y only for my benefit and no1 to benefit bimself ex:ccpt as provided in p8I8gxaph 15. My a:ttoT.D.ey-in-fact $hall not be liable for BIl)' acts or decisiatis made by him in good faith and under the terms of this durable power of a~. This instrument is executed by me in the state ofFloTidaJ but:itis my intention that t1rls power Agenda Item No. .16K8 November 16, 2004 Page 16 of 20 of attomey shall be exercisable in anyotha' state or jurisdiction in which I may have any property or intarest in property. Photostatic copies of this jn&1rtJment shall have the same fon<e and effect as the original. I bmeby confiIm allllCt& of my attorney-in-fact under tbis po~er. Any act that is done under this power between the revocation of this instrument and notice of that revocation to my attomoy-in-fact shall be valid unless the pBl'SOnctaixning the b~sfit of the act had notice of that ravoeation. IN wrrNBSS 'WHBREOF~ I have set my hand and seal on October JJJ!!... 2004. ~v.. ~~~~ , ltnas R AN SCO'IT TURNP A.UOR ~d..... g~ PrlDcIpaI .. ~s . STATE OF FL couNTY OF . C" J I "~I~ The foregoing instJ:um,ent was ackDowLcdgcdbefaIeme on ~bcr t ~~ .-'2004 b'yRYAN SCOTT ~AUGH. who identified tbis instrumcmtas his DuJ:able Power of Attomeyand. signed the instrumeJ::it willingly.@o is pers~ known to me or hal pro:d.uced as identification. 4r.,i~~0Ut i Not Public.. tate of Florida ~rfJ.da :J' NQJitYo~r d. (Seal.) ~. ~ UNOAJ. NCII1U111l ... . ~COYMISSIat'DD1O&9I! ,~ EI'IBIldllZl ...., ..... '/IlIIl....- CoItlooo [. Agenda Item No. 16K8 November 16, 2004 . Page 17 of 20 DURABLE POWER OF ATTORNEY By this Durable Power of Attorney,!, LESLIE AMBER TURNP AUGH. of COlLIER COlUlty, Florida, appoint SHERRY L. TURNPAUOH, as my aU01ll.DY""in-fact to manapmy affairs. This Durable Power of Attorney shall not be a:B8cted by 811Y~ or mental disabilitythat I DlilY su:.ffer, except as provided by statute, and it shall be exercisabl~ from this date. All aets done und01" this power: by my attomey-in-fatrt shall bind me, my heirs, devisees, and personal mpresentatives. Thi.s power of aUomcy is non-delegable. Only my interest in property located at 811 Logan Blvd., Naples. Collier County, Florida, is subjoct to this Durable POW'C9: of Attorney. Without llm.i.tiDg the broad powers confemld by the preceding'Provisions, I authorize my a.ttorney-in-fact to: 1. Collect all sums ofmon~ and other propm'tytbatmay be payable or bclo11lP.ng to me and execute receipts, rcleas-, cancellations. or discharges. . 2. account Settle any acoount in which I have any interest and pa;y or receive the balan()e oftbat 3. Boxrow moDey on the terms and with the sec;urity as my Ilttotmly-in-fac.t tbioks fit and ~ecute 411 no1es, mortgages, and other instrulD.ents that my attorney-in-fact finds necessary or desirable. 4. Draw, accept) tmdorsc, or otherwise doal with an~ chacks or other commercial instnrment8. specifically including the right to make withdrawals from any ohecking or savinp a.coount. 5. Redeem bonds issued by the United Statea goverrJmcmt or any of its agencies. any other bonds, any certificates of deposit. or other similar assets belonging to me. 6. Sell or redeem 8J:IY of my assets, including but not limited to real estate, bands. :mares (If stock, mutual timds. amwities~ WStTants, or debentures; execute alhssigDmcnts and deeds or other instruments neoesaary orpropcr for 1:ramsf~ them to the purchasc.r orpurchascrs; and giVCl good recuiptl and discharges for all money payable with regard to them. . 7. Manage, leue, and superintend any afmy real est~. 8. Purchase bonds, &bares of stock. mutual fimds, and any other s~urll:ies, annuitica, or real estate as my attorney-in-fact thinkB fit. Agenda Item No. 16K8 November 16,2004 Page 18 of 20 9. Vote at all:meetings ofstockholdms afm)' company and otherwise ~ as my proxy with respect to my shares of stock or other securities Dr investments that now Dr hereafter belong to me. and appoint subetitlUOS orpro~es with respect to any of those sbares ofstoclc.. 10. &ecute on my behalf any tax retum, make any tDX oleeUons or consents that I could make, and act forme in any examination, audit. h~' conferen~'or litigation relating to taXes" including the authority to file and prosecute refimd clain1s and entel into my settlements. 11. Engage, employ, and dismiss any agents, clerks, serVants. or other persons as my attorney-in-fact. in his sole discretion, shall consider necessatY or adYisable. 12. Prosecute, de6md. and settle all actians or other legal proceedings with Iegard to any afmyasset8 in any manner. . 13. Purchase bonds issued byihe United States. commonlyknawn as "nOWel' bonds." that can be applied at :face or maturity value on accolJIlt of estllte tax liabilities. 14. Orgaui.ze, either singly OX' in cDnjuru;tion with other&,'a corporation, pertn.mshiPI ar other entity. and trsnsfer asserts to \hat entity. 15. Make gifts of any of my property in cmmection with estate, gift. in.cotlUl., or gsneration-skipping tax pJRnni"B procedures forme consi~ with my gcne;ral te&tamcntaryintent. Provided, bmnvcr. that gii\s to my attorney-in-fact shall nOt exceed 'the aDDU8l excluBion as described in Internal Revenue Code g2503(b) as amended from time to time. 16. Exercise any power of revocation or amondment retained by me over any living trust oiwhitib I am or may becom.e grantor as may be required or advisable to better accompliah myintmt as C1xprcssed therein and tranSfer any of my assets to the trUStee of aity living trust of which I am or :may become grantor and create a living trust for me, consistent with my ge:nmal testamentary interest. 17. :pisclaim any asset8 passing to me. 18. Enter any safe deposit box standing W myname, a.l~e or jojnt1y, atJd :remove any ar an contents. 19. Makcull health care decisions forme. 20. Authorize my adInission to a medical. I1Ul"Sin& rcsidep.tial, or similar fBcillty and enter into agreemmts fOr wy care. 21. Authorize my admission to a mental health faoility fur p~a.tric or psychological evaluafio~ treatment. or care, release me from such a facility. and have a.cces8 to all of my clinical t"CCOfds while I am a patient at such a facility. 22. Collect and receive all8~ of money Bndother property that maybe payable to me byreas<m of my participation in a qualified "tirement plm. byn:asoncfD1ybcing thrl beneficiary of L Agenda Item No. 16K8 November 16, 2004 Page 19 of 20 a participant in a qualified retirement plan, or that may he payable t~ me, as owner or bcnoficiary, from an Individual Rstireme.nt Account. : 23. Make on my behalf any elections or choices available to me and give on my behalf any conscmtls requited, by Te3IOn of either my participation in or my bein,g the beneficiary of a participant in a quallfied retirmncmt plan, and:make any elcctioD5 or choices available to me and give on my behalf any eo.nscnts required under my Individual Ret;h'emei:U Accomrt. of which I am the o-wner or beneficiary, including tbe right to withdraw money and make investment decisions. 24. Establish (or mybc:m.e.tlt one ormore fudividual Rl'tireinent Accounts with any trustee or custodian. 25. Transfer any of my assets to the trustee or custodian of an Individual Retirement Account established for my benefit. 26. Bxecute and :(imd. on my behalf an Imlvocable Incople Cap T:rust to enable me to qualify for Medicaid benefits or any other govemmem,J Qsistance Program. 27. Do anyrhingrcgardingmycstatc, property~ and affairs that I coulddo~1fiflwerc: competent. The powers confen:ed on my attomey.in-fact extend to all Gf my right, title, and interest in property in which I may have an interest jointly with any other pet'80DB, whether in an estate by the entircti.C$, joint tcnanQ)', or tenancy in cammon. Third pBrties who act in reliance on the authority granted to my attomcy-iu-fact undm' this durable power of a1tom~ and in accordance with tha instrUcUons of the atlOmey-in-fact shall be~ BOd hereby are. held hamUese by me from any los8 suffered or liability incurred as a result of actioIlS takm1 bafore receipt of written notice of revocation, suspension, o.rp.Vtial or complete tmmi:na1ion of this power~ notice of a petitiDn. to dete.rmine incapacity, or my death. My attorney-in-fact shall exercise this durable power of attoiney only far my benefit and not to bme1it himself except as provided in paragraph 15. Myattorney-in-fact shall not be liable for any acts or decisiOZ;ll made by him in good:Udth and under the tmns of this durable power of attorney. This i>>strum=rt is executed by me in the state ofPlorida. but it is my intention that this power Agenda Item No. 16K8 November 16, 2004 Page 20 of 20 of attomey shall be exercisable in any other state orjurisdiction in whiCh I may bave anypwperty or interest in property. Photoitatic copiea of this instrument shall hiIVe the sat:ne f~ and eftect as the originaL I hereby confum a11actll of my attorney-in-fact tmdc:r this po~er. Any act that is done under this power between the :(evocatioo oftbis insttmnent and notice of tl1at revocation to my attamey-in-Cact shall be valid unless the person claiming the be::nefit oftbe act bad notice of that revocation. ft IN WITNESS WHEREOFt I have set my ~d and seal on ~ber ~, 2004. ffi~ /~~ W-_.. ~~ . AUGH dM:~A- W63 ~ Witness STATE OF FLOIYDA COUNTY OF G~j}I//eY\ The fotegoi>>g instrument was a clmawledged b eftxe m e ~ J1 0 ctobet J!J t; It. I 2004 by LESLIE AMBER. TURNPAUGH, who ideot1D.ed this.izJstrDm,ent as: his Durable power of Attomey and signBd ~cins~twilling1y. who ~~~~ me. or has }m>duced as Identification. ~~tkMrvl Publi - State of Florida JJ(t~ ;r !\bl1rvt1tJL cL . (Seal) ~ ~ IJIOA.LJlClMWlO iJ... ~y CG/II.....1lII1 aD_ ,. · e:r.Fil:t."UI,. .....n._-..-. EXECUTIVE SUMMARY Agenda Item No. 16K9 November 16, 2004 Page 1 of 13 Recommendation to approve the Mediated Settlement Agreement as to Parcels 136 in the lawsuit styled Collier County v. John Aurigemma, et al., Case No. 04-344-CA (Vanderbilt Beach Road Project 63051). OBJECTIVE: That the Board of County Commissioners approve this Mediated Settlement Agreement and Stipulated Final Judgment as to Parcel 136 in the lawsuit styled Collier County v. John Aurigemma, et ai, Case No. 04-344-CA. CONSIDERA TIONS: On June 29, 2004, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of a Road Right-of-Way Sidewalk, Utility, Drainage and Maintenance Easement, as Parcel 136 for the Vanderbilt Beach Road six-Ianing project (Project No. 63051). On July 15, 2004, Collier County deposited into the Court Registry the sum of $58,700.00 for Parcel 136 in accordance with the Order of Taking. The property owner's appraiser concluded that she was entitled to $185,000 as full compensation. The difference in the parties' positions lain mostly in the amount of damages suffered by the remainder property, which the property owner's appraiser believed to be $108,000. The parties agreed to mediate and on October ] 9, 2004, at a Mediation Conference, the parties agreed to the attached Mediated Settlement Agreement whereby the property owner, Wanda Lyles, will be fully and fairly compensated for the property interest taken for this right- of-way project in the amount of $78,700.00. The Mediated Settlement Agreement also provides that the Petitioner will construct the project in accordance with its plans, copies of which are attached to the Mediated Settlement Agreement. In addition to the full compensation, the Mediated Settlement provides for a statutory attorney's fee, which is calculated at 33% of the difference between the settlement amount of $78,700.00 and staff's initial offer of $52,900.00, per the statute. The Stipulated Final Judgment incorporates the terms of the Mediated Settlement Agreement and provides that Petitioner deposit the additional amount of $20,000.00 as full compensation, and pay $8,5 ]4.00 to Timothy W. Ferguson for attorney's fees. Staff has reviewed the County's obligations stated in the Mediated Settlement Agreement and considers them to be reasonable and fair. FISCAL IMPACT: Funds in the amount of $28,5 14.00 are available in the FY 2005 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Mediated Settlement Agreement; ,..-, 2. Approve the expenditure of the funds as stated; Agenda Item No. 16K9 November 16, 2004 Page 2 of 13 3. Approve a Stipulated Final Judgment based on the terms of the Mediated Settlement Agreement, and authorize payment accordingly. PREPARED BY: Sandra Herrera, Legal Secretary, County Attorney's Office Agenda Item No. 16K9 November 16, 2004 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K9 Recommendation to approve the Mediated Settlement Agreement as to Parcels 136 in the lawsuit styled Collier County v. John Aurigemma, et aI., Case No. 04-344-CA (Vanderbilt Beach Road Project 63051). 11/16/2004 900:00 AM Meeting Date Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 10/29/20047:09 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 10/29/20042:10 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 10/29/20043:18 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 11/1/20043:44 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 11/2/200412:49 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11/2/20043:36 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/200411 :28 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/200411 :49 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/3120042:32 PM Approved By Agenda Item No. 16K9 November 16, 2004 Page 4 of 13 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/2004 11 :07 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/4/20043:09 PM Agenda Item No. 16K9 Novernber16,2004 Page 5 of 13 IN mE 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, Petitioner, Case No. 04-344-CA v. Parcel No.: 136 JOHN AURIGEMMA, et al. Respondent. / STIPULA TED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, WANDA LYLES, by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 136, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due to the Respondent, WANDA LYLES, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, WANDA LYLES, have ~nd recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Seventy Eight Thousand Seven Hundred and No/lOO Dollars ($78,700.00) for Parcel 136 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value previously deposited in the amount of $58,700.00; it is further Agenda Item No. 16K9 November 16, 2004 Page 6 of 13 ORDERED that Petitioner, COLLIER COUNTY, shall deposit an additional sum of Twenty Thousand and No/I00 Dollars ($20,000.00) into the Court Registry, to be held until the apportionment claim of Respondent, Countrywide Home Loans, Inc., is resolved; it is further ORDERED that Respondent, WANDA LYLES, receive from Petitioner as a reasonable attorney's fee pursuant to Section 73.092, Fla. Stat., the sum of Eight Thousand Five Hundred Fourteen and No/I00 Dollars ($8,514.00). Except as provided herein, no attorney's fees shall be awarded in connection with the above-styled cause of action as it relates to Parcel 136; it is further ORDERED that Petitioner will pay the sum of Eight Thousand Five Hundred Fourteen and No/I00 Dollars ($8,514.00) made payable to FERGUSON LAW GROUP TRUST ACCOUNT, c/o Timothy W. Ferguson, Ferguson Law Group, 4265 Bonita Beach Road, Bonita Springs, Florida, 34134, for attorney's fees pursuant to Section 73.092, Fla. Stat.; it is further ORDERED that the terms of the Mediated Settlement Agreement entered into by the parties on October 19, 2004, attached hereto as Exhibit "A", are incorporated herein and made a part hereof; it is further ORDERED that the Court reserves jurisdiction to award appraisal fees and costs as to Parcel 136 upon proper motion; it is further ORDERED that the Court reserves jurisdiction for enforcement of the Stipulated Final Judgment and apportionment claims; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3489, Page 1908 of the Public Records of Collier County, Florida be dismissed as to Parcel 136; and it is further 2 Agenda Item No. 16K9 November 16, 2004 Page 7 of 13 ORDERED that title to Parcel 136 being fulIy described in Exhibit "B" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, pursuant to the Order of Taking dated June 29, 2004, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that pursuant to Section 74.051(3), Fla. Stat., the Clerk of Courts shall disburse the interest earned on the funds on deposit to Collier County Board of County Commissioners, c/o ElIen T. ChadwelI, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance with Section 28.33, Fla. Stat., it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records ofColIier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of ,2004. TED BROUSSEAU CIRCUIT COURT JUDGE Conformed copies to: Ellen T. Chadwell, Esq. Timothy W. Ferguson, Esq. Gregg R. Dreilinger, Esquire E. Glenn Tucker, Esq. Bookkeeping 3 Agenda Item No. 16K9 November 16, 2004 Page 8 of 13 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 136. Dated: Dated: TIMOTHY W. FERGUSON, ESQUIRE Florida Bar No. FERGUSON LAW GROUP 4265 Bonita Beach Road Bonita Springs, Florida 34134 (239) 947-3600 - Telephone (239) 947-3610 - Telephone ATTORNEY FOR RESPONDENT WANDA LYLES ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Harmon Turner Building County Attorney Office 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A TIORNEY FOR PETITIONER CERTIFICA TE OF SERVICE I hereby certify that a true and correct copy of the foregoing Stipulated Final Judgment has been furnished via U.S. Mail to all parties on the attached Service List on this day of ,2004. ELLEN T. CHADWELL, ESQUIRE 4 ~ Agenda Item No. 16K9 November 16, 2004 Page9of13 IN THE CIRCUIT COURT OF THE TWENTIETH RJDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNIT. FLORIDA, a political subdivision of the State of Florida, CASE NO.: 04-344-CA Petitioner, PARCEL NO.: 136 v. JOHN AURIGEMMA, et aI., Defendants. / MEDJ.A.TED SETTLEMENT AGREEMENT At a Mediation Conference held on October 19, 2004, the parties reached the foDowing Settlement Agreement: 1. Petitioner will pay to Defendant(s), ~nda f). '-tie-I} the sum ofS 78J 7Q). DO.h in full settlement of all claimsfor compensation from Petitioner whatsoever, including statutory interest, but excIu~ a.tt~/' w fw3t expert's fees, and costs. ~fJo".,.,.. wi/lib Y /JzI&r:hHl ::IIofttmy QH6r~.! ~..it t.'e- alltlJuNf oP .,t ~ SI'f. etJ,4,. , ()t') / 2. Petitioner is entitled to a credit in the amount of $ 5'8. 7()(). //()() which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Defendant(s) willjointIy submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. 4. Petitioner will pay Defeodant(s) the balance due of $ OJ.~ 5io/. ~DO within .30 days ofllie entry of the Stipulated Final Judgment by the Court. EXHIBIT 1,9 1 Agenda Item No. 16K9 November 16, 2004 Page 10 of 13 5. This Agreement is subject to approvlll by the Board of County Commissioners of Collier county. 6. The Court will retain jurisdiction herein as to the matter of Defendants 11it....Al.ay\~ :&.es, expert~s fees, and costs. 7. Attached hereto is an Addendum to this Agreement. ../ Yes No 8. This Agreement and the a.ttached addendUJIl, ifany, contain(s) all of the agreements of the parties. 4--~ Petitioner ~)~ f) ~.) Defendant ~ ~ ~ "/.LuLL- Attorney for Petitioner Defendant iPl. /}-d M or 2 Agenda Item No. 16K9 November 16,2004 Page 11 of13 '- , ADDENDUM TQ MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: I, /?J;/;j,~.tH"" al~~;1o e()t1~l1uvf /~ jJ/~JI;' Ci>>t~~C12- Jt///i ~ aJM1/tu:litr)1. ~);",~ a#Zze,W k4/l; (l~ ~/JJ:r I , nJ .lfK1t,'JJ/ d - M77()Nr Jc/il/ ~Ive.. dr r.~h~ ~ t! ' <€K,iliAy 3fA4/.fl, of ~fOJ1fDI1t fAit Pille y~ ' - f). ~1z()M.r ~/.l!M ItJ "-e..~ any d! ~.e- /11Jfl4riy dJi./urlxd Jy M1.1!racl1rn wtl/t ~/a ,J112t$7. C" .7. 11.t! ~,~5 k..e/11 t1~.e ~ 76 t;t'p~~.I1~ ;r (/11(. ~~ Petitioner tLL~~~. ......... Attorney fOT Petitioner ~I~ l\Udiator -t.J~~ a () ~.)'~ Defimdant Defendant ~~~~ ~ 3 Agenda Item No. 16K9 Novenlber16,2004 Page 12 of 13 '.~ ~ )o.~ f-- ---.-- ~l to: '- <: ,. ~ -- ! ! _. I ~ ,L. I ~ I ~, I I :f ~ '" i! I r;; '" ~ I (t ,U1 a. ij; .at l!l I ~ il!l~ ~ I I I I 11 I --J I , I ! I I , . 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Iq .!-- II! , , , I : I I - I , , I "- \ ......., , , , '1'\ I I I~ I ., , r;; I , ~ , , i , , , , I I 1 LJ, ,., Ie " . 1 s; ~ i ~ 1\ Agenda Item No. 16K9 Nove~ber16, 2004 ~ ~: I; u U-~-l4\1'1 ; ~":r---- ... I" I it i , 1- ~ ; l' ~ ., I ~ I I t ~\ '" ~ ~ I ~ I 1 pal' ~~ I ..~. I: f' V I 1:\ IUiC .i './w ~~ ~ ~ 'Il. I ~~I ~ . '" III ~~H ~~": 1lI ~ i ',fl Jl~! '!t J I I II ~ ~~ I ~o : ~ : ~ ~ 1 ~ i dt '1 ~ \ 'Ih ~ ,! ~ , II t "'\ i' II ~'-I ;t Q \1 i lIT ~-l I J II J; i'(1l i '!:! \ ',:1 '1\ ~ II ;~ \\ ~. i II i Ii :i '; II ;:1 II:l ~:I ' ~ \~ UH...:. _--..II I - --"II -: t ::1 ~ II.' I~l S U . j : ,... ~\ \ ~ i I I I (d \ : ( h\ ;1 ~ ~~ ':..-J--)~; 1\ (1 I:!;-tl v - m..! I}'!I II III I !,,"'1 I' i 'I" I '\ ' i I ~ l ~ '::; I ; i 1 II f!l ~ I ,j! II II I I lj.;~ , ~ 'I ~ ill ~ "!= I, ;ll !I~ ;!I~ ~~I~ :'1 \ ~ \ ~\ · ::> ~ i gl I I I I ~. ~ ~. ~~~ -~ :, ~~ _\:~ II]~: - . III i'lil I!lll I ;l!- /'7. h 'IZJ I I.. j"l I I ~~" I~ ,-' - --:- -1.. ~: 1 ~[ 1 \ i iU i ~ 'I ~\ Ii '! t! ~i ~(1).. . \ ~i i 'i~'\.~ I ~ . ~:) i, ( e,y 11J :1 ~ ~ ~ I f ~ ~ 1;1 .' ~~ -_- -~ - lo: ~ I rJ . I I~ 'I~. rn~'~ "I q,~::. r ~ U I fo t3 . .~J.t17 iii I., I ~ 111 It -f-~ II;_J"' ,:.I'" "1\ I;: . r ,-:-.;:..-~: - ~ ~ ~1I1_~ :i: . .. \ ~, ...1 I' p" lI!I'.~ :111 IIATCHUI/" Sf A of6'+<<J 5Ci V~RiJILr BE.I(;.H It:lAO I'WlS Ol:l" 'v~, r'" ..- , .- ~I ~ t, ~ ~i ~ i~~ l ,..,.. ...... ,.............. .,..... ,..."."'~. -, ~............ Agenda Item No. 16K1 0 November 16, 2004 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondents, Jake and Christina Sannicandro, for Parcel Nos. 155 & 755 in the amount of $9,430.00 in the lawsuit styled Collier County v. Joseph San nicandro, et al., Case No. 03-2500-CA (Golden Gate Parkway Project 60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Jake Sannicandro and Christina S. Sannicandro ("Respondents"), in the amount of $9,430.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel Nos. 155 and 755 in Collier County v. Joseph Sannicandro, et al., Case No. 03-2500-CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 155 and 755 for the Golden Gate Parkway Project (Project No. 60027). On September 30, 2003, Collier County deposited with the Registry of the Court the sum of $8,200.00 for Parcels 155 and 755 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $9,430.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to pay $1,230.00 to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $9,430.00 for Parcels 155 and 755, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Although the offer does not include attorney's fees, if Respondent accepts, the attorney's fee based on benefit achieved pursuant to S 73.092, Fla. Stat., is $240.90. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $1,4 70. 90 are available in the FY 05 adopted budget. Source offunds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent; 2. Approve the expenditure of funds as stated, if the offer is accepted; ,.-.." 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Jeffrey C. Clapper, Legal Assistant, County Attorney Agenda Item No. 16K10 November 16, 2004 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K10 Meeting Date Recommendation to authorize the making of an Offer of Judgment to Respondents, Jake and Christina Sannicandro, for Parcel Nos. 155 & 755 in the amount of $9,430.00 in the lawsuit styled Collier County v. Joseph Sannicandro, et aI., Case No. 03-2500-CA (Golden Gate Parkway Project 60027) 11/16/20049:00:00 AM Prepared By Date Jeffrey C. Clapper Legal Assistant 10/29/20044:14:45 PM County Attorney County Attorney Office Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 10/29/20044: 36 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 11/1/20044:28 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 11/1/20044:41 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 11/1/20044:56 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 11/2/200412:58 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11/2/20043:41 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/200412:43 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/20042:16 PM Agenda Item No. 16K10 November 16, 2004 Page 3 of 7 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/2004 10:46 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/4/200412:40 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/4/20044:56 PM Agenda Item No. 16K10 November 16, 2004 Page 4 of 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Case No.: 03-2500-CA Petitioner, Parcel Nos.: 155, 755 vs. JOSEPH SANNICANDRO, et al., Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, has served Petitioner's Offer of Judgment to the Respondents, JAKE SANNICANDRO AND CHRISTINA S. SANNICANDRO, as to Parcels 155 and 755 in the above-styled cause. I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment have been furnished via Regular U.S. Mail to Charles R. Forman, Esq., Forman, Hanratty & Montgomery, 320 N.W. Third Ave., Ocala, Florida 34478, and a copy of this Notice has been sent to those parties listed on the attached Service List on this _ day of 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Agenda Item No. 16K1 0 November 16,2004 Page 5 of 7 ATTORNEY FOR PETITIONER Agenda Item No. 16K10 November 16, 2004 Page 6 of 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Case No.: 03-2500-CA Petitioner, Parcel Nos.: 155, 755 vs. JOSEPH SANNICANDRO, et aI., Respondents. / OFFER OF JUDGMENT TO: Jake Sannicandro Christina S. Sannicandro c/o Charles R. Forman, Esq. FORMAN, HANRATTY & MONTGOMERY 320 N.W. Third Avenue Ocala, Florida 34478 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, JAKE SANNICANDRO AND CHRISTINA S. SANNICANDRO, ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcels 155 and 755, in the total amount of Nine Thousand Four Hundred Thirty and No/tOO Dollars ($9,430.00), for Parcels 155 and 755, which includes the amount of $8,200.00 which was deposited pursuant to the Order of Taking dated September 19,2003. This offer is being made jointly to Jake Sannicandro and Christina S. Sannicandro, and can only be accepted by both Respondents. Agenda Item No. 16K10 November 16, 2004 Page 7 of 7 There are no non-monetary terms or other relevant conditions to this offer except that this offer is subject to the apportionment claims, if any, of the mortgage holders. This offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondents' review upon reasonable notice of such a request. Dated this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER 2 ~,<- Agenda Item No. 16K11 November 16, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondents, William & Lisa Brock, for Parcel Nos. 148 & 948 in the amount of $27,255.00 in the lawsuit styled Collier County v. Elizabeth D. Bloch, et al., Case No. 03-2403-CA (Golden Gate Parkway Project 60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, William C. Brock, Jr. and Lisa W. Brock ("Respondents"), in the amount of $27,255.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel Nos. 148 and 948 in Collier County v. Elizabeth D. Bloch, et at., Case No. 03-2403-CA. CONSIDERATIONS: On September 12, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 148 and 948 for the Golden Gate Parkway Project (Project No. 60027). On September 25, 2003, Collier County deposited with the Registry of the Court the sum of $23,700.00 for Parcels 148 and 948 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $27,255.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees "...- and other such costs. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to pay $3,555.00 to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $27,255.00 for Parcels 148 and 948, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Although the offer does not include attorney's fees, if Respondent accepts, the attorney's fee based on benefit achieved pursuant to S 73.092, Fla. Stat., is $843.15. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of fuIl compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $4,398.15 are available in the FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent; 2. Approve the expenditure of funds as stated, if the offer is accepted; - 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Jeffrey C. Clapper, Legal Assistant, County Attorney Agenda Item No. 16K11 November 16, 2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K 11 Meeting Date Recommendation to authorize the making of an Offer of Judgment to Respondents, William & Lisa Brock, for Parcel Nos. 148 & 948 in the amount of $27,255.00 in the lawsuit styled Collier County v Elizabeth D. Bloch, et aI., Case No. 03-2403-CA (Golden Gate Parkway Project 60027). 11f16f2004 9:00:00 AM Prepared By Date Jeffrey C. Clapper Legal Assistant 10/29/20044:24:38 PM County Attorney County Attorney Office Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 11/1/20043:47 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 11/1/20044:22 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 11/1/20044:41 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 11/1/20045:07 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11/2/20045:01 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportioll Services 11/2/2004 5: 1 0 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/200412:47 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/20042:19 PM Agenda Item No. 16K11 November 16, 2004 Page 3 of 6 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/200410:48 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/4/200412:41 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/5/20045:30 PM Agenda Item No. 16K11 November 16, 2004 Page 4 of6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No.: 03-2403-CA v. Parcel Nos.: 148,948 ELIZABETH D. BLOCH, et al. Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, has served Petitioner's Offer of Judgment to the Respondents, WILLIAM C. BROCK, JR. and LISA W. BROCK, as to Parcels 148 and 948 in the above-styled cause. I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment have been furnished via Regular U.S. Mail to Charles R. Forman, Esq., Forman, Hanratty & Montgomery, 320 N.W. Third Ave., Ocala, Florida 34478, and a copy ofthis Notice has been sent via U.S. Mail to Matthew D. Morton, Esq., BUTLER & HOSCH, P.A., 3185 South Conway Rd., Ste. E, Orlando, FL 32812 on this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K11 November 16, 2004 Page 5 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No.: 03-2403-CA v. Parcel Nos.: 148, 948 ELIZABETH D. BLOCH, et at. Respondents. / OFFER OF JUDGMENT TO: William C. Brock, Jr. Lisa W. Brock C/o Charles R. Forman, Esq. FORMAN, HANRATTY & MONTGOMERY 320 N.W. Third Avenue Ocala, Florida 34478 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, WILLIAM C. BROCK, JR. AND LISA W. BROCK, ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcels 148 and 948, in the total amount of Twenty-seven Thousand Two Hundred Fifty-five and No/I00 Dollars ($27,255.00), for Parcels 148 and 948, which includes the amount of $23,700.00 which was deposited pursuant to the Order of Taking dated September 12,2003. This offer is being made jointly to William C. Brock, Jr. and Lisa W. Brock, and can only be accepted by both Respondents. ~- Agenda Item No. 16K11 November 16, 2004 Page 6 of 6 This offer is conditioned on Respondents accepting funds subject to the apportionment claim of Respondent, First Horizon Home Loan Corporation. There are no non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of such a request. Dated this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER 2 .-. Agenda Item No. 16K12 November 16, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Norman C. Partington, for Parcel No. 158 in the amount of $21,275.00 in the lawsuit styled Collier County v. Joseph J. Guidish, Jr., et aL, Case No. 03-2549-CA (Golden Gate Parkway Project 60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Norman C. Partington ("Respondent"), in the amount of $21,275.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 158 in Collier County v. Joseph J Guidish, Jr., et al., Case No. 03-2549-CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 158 for the Golden Gate Parkway Project (Project No. 60027). On September 30, 2003, Collier County deposited with the Registry of the Court the sum of$18,500.00 for Parcel 158 in accordance with the Order of Taking. .- The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $21,275.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondent to carefully assess his claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to pay $2,775.00 to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $21,275.00 for Parcel 158, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Although the offer does not include attorney's fees, if Respondent accepts, the attorney's fee based on benefit achieved pursuant to ~ 73.092, Fla. Stat., is $717.75. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $3,492.75 are available in the FY 05 adopted budget. Source offunds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent; 2. Approve the expenditure of funds as stated, if the offer is accepted; - 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Jeffrey C. Clapper, Legal Assistant, County Attorney Agenda Item No. 16K12 November 16, 2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K12 Meeting Date Recommendation to authorize the making of an Offer of Judgment to Respondent, Norman C. Partington, for Parcel No. 158 in the amount of $21 ,275.00 in the lawsuit styled Collier County v Joseph J. Guidish, Jr., et aI., Case No. 03-2549-CA (Golden Gate Parkway Project 60027). 11/16/2004 9:00:00 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 11/1/20043:51 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 11/1/20044:26 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 11/1/20044:42 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 11/1/20045:09 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11/2/2004 5:03 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 11/2/20045:12 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/200412:49 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/2004 2:22 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/4/2004 12:48 PM Agenda Item No. 16K12 November 16, 2004 Page 3 of 6 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/20045:09 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/5/20048:27 PM Agenda Item No. 16K12 November 16, 2004 Page 4 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2549-CA v. Parcel No.: 158 JOSEPH J. GUIDISH, JR., et aI., Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, has served Petitioner's Offer of Judgment to the Respondent, NORMAN C. PARTINGTON, as to Parcel 158 in the above-styled cause. I HEREBY CERTIFY that a true and correct copy ofthis Notice and Offer of Judgment have been furnished via Regular U.S. Mail to Charles R. Forman, Esq., FORMAN, HANRATTY & MONTGOMERY, 320 N.W. Third Ave., Ocala, Florida 34478 and a copy of this Notice has been sent to Mortgage Electronic Registration Systems, Inc., P.O. Box 2026, Flint, MI 49501- 2026 on this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K12 November 16, 2004 Page 5 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2549-CA v. Parcel No.: 158 JOSEPH J. GUIDISH, JR., et aI., Respondents. / OFFER OF JUDGMENT TO: Norman C. Partington C/o Charles R. Forman, Esq. FORMAN, HANRATTY & MONTGOMERY 320 N.W. Third Avenue Ocala, Florida 34478 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, NORMAN C. PARTINGTON ("Respondent"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcel 158, in the total amount of Twenty-one Thousand Two Hundred Seventy-five and No/lOO Dollars ($21,275.00), for Parcel 158, which includes the amount of $18,500.00 which was deposited pursuant to the Order of Taking dated September 19,2003. All compensation paid in accordance with this offer will be subject to the apportionment claims, if any, of the mortgage holder. Agenda Item No. 16K12 November 16, 2004 Page 6 of 6 There are no other non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of such a request. Dated this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 A TTORNEY FOR PETITIONER 2 - Agenda Item No. 16K13 November 16, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Janet Romano, for Parcel Nos. 117, 118A and 130 in the amount of $102,465.00 in the lawsuit styled Collier County v. Dianne P. Haaga, et al., Case No. 03-0518-CA (Immokalee Road Project No. 60018). OBJECTIVE: To approve and to authorize the making of an Offer of Judgment to Respondent, Janet Romano, for Parcel Nos. 117, 118A and 130 in the amount of $102,465.00 in the lawsuit styled Collier County v. Dianne P. Haaga, et at., Case No. 03-05 1 8-CA (Immokalee Road Project No. 60018). CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 117, 118A and 130 for the Immokalee Road Project (Project No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of $89,100.00 for Parcels 117, 118A and 130 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $102,465.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondent to carefully ,,-. assess her claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to deposit $13,365.00 into the registry of the Court, which will be paid to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fail to recover more than $102,465.00 for Parcels 117, 118A and 130, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Although the offer does not include attorney's fees, if Respondent accepts, the attorney's fee based on benefit achieved pursuant to S 73.092, Fla. Stat., is $4,047.45. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of$17,412.45 are available in the FY 05 adopted budget. Source offunds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent; 2. Approve the expenditure of funds as stated, if the offer is accepted; -- 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Jeffrey C. Clapper, Legal Assistant, County Attorney Agenda Item No. 16K13 November 16, 2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K13 Recommendation to authorize the making of an Offer of Judgment to Respondent, Janet Romano, for Parcel Nos, 117, 118A and 130 in the amount of $1 02,465.00 in the lawsuit styled Collier County v. Dianne P. Haaga. et aI., Case No 03-0518-CA (Immokalee Road Project No. 60018). 11/16/20049:00:00 AM Meeting Date Prepared By Date Jeffrey C. Clapper Legal Assistant 10/29/20049:15:57 AM County Attorney County Attorney Office Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 10/29/20042:10 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 10/29/20044:36 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 11/1/20044:27 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 11/1/20044:53 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 11/2/200412:56 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 11/3/20049:58 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/200412:50 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/20042:13 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Agenda Item No. 16K13 November 16, 2004 Page 3 of 6 Date 11/4/2004 10:44 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date 1114/2004 12:39 PM Office of Management & Budget Approved By James V. Mudd Board of County Commissioners County Manager Date 11/4/20044:26 PM County Manager's Office Agenda Item No. 16K13 November 16, 2004 Page 4 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 03-0518-CA Petitioner, Parcel Nos.: 117, 118A, 130 vs. DIANE P. HAAGA, et aI., Respondents. / OFFER OF JUDGMENT To: Janet Romano c/o Jackson Bowman, Esquire BRIGHAM MOORE, LLP 1780 1 02nd Ave. N., Ste. 100 St. Petersburg, FL 33716 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, JANET ROMANO, for all compensation, including statutory interest, severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent, JANET ROMANO, arising out of the taking of Parcels 1 17, 118A and 130, in the total amount of One Hundred Two Thousand Four Hundred Sixty-five and No/I00 Dollars ($102,465.00), for Parcels 117, 118A and 130, which includes the amount of $89,100.00 which was deposited pursuant to the Order of Taking dated May 13,2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. Agenda Item No. 16K13 November 16, 2004 Page 5 of 6 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this _ day of ,2004. OFFICE OF THE COUNTY A TIORNEY Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: (f) HEIDI F. ASHTON ~ Florida Bar No. 0966770 Attorney for Collier County 2 Agenda Item No. 16K13 November 16, 2004 Page 6 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 03-0518-CA Petitioner, Parcel Nos.: 117, 118A, 130 vs. DIANE P. HAAGA, et aI., Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcels 117, 118A and 130 in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondent, JANET ROMANO. I HEREBY CERTIFY that a true and correct copy of this Notice has been furnished via regular U.S. Mail to Jackson Bowman, Esq., BRIGHAM MOORE, LLP, 1780 10200 Ave. N., Ste. 100, St. Petersburg, FL 33716 and E. Glenn Tucker, Esq., RHODES, TUCKER, & GARRETSON, P.O. Box 887, Marco Island, FL 34146, on this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 Attorney for Collier County Agenda Item No. 16K14 November 16, 2004 Page 1 of 5 Executive Summary Recommendation for the Board of County Commissioners to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcel 177 in the Lawsuit Styled Collier County v. Teodoro Gimenez, et aI., Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051). OBJECTIVE: Recommendation for the Board of County Commissioners to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as fulI and final compensation to be paid for the acquisition of the fee simple interest of Parcel 177 for the Vanderbilt Beach Road Project (Airport Road to Collier Boulevard) in the lawsuit styled Collier County v. Teodoro Gimenez, et aI., Case No. 04-0561-CA. CONSIDERATIONS: On June 29, 2004, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easement interests for the Vanderbilt Beach Road Project (Airport Road to Collier Boulevard). On July 15,2004, Collier County deposited with the Registry of the Court the sum of $100,000.00 for Parcel 177 in accordance with the Order of Taking. ~ A Mediation Conference was held on October 27, 2004 in which the parties reached a settlement agreement whereby the property owners, Budd and Marion Fontana, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003-231). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") wilI be incorporated in a Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $185,000.00 to be paid to Respondents in full settlement of all claims for compensation including statutory interest, but excluding experts' fees and costs. The additional $85,000 is a recognition of commercial potential of the site for assemblage to the property to the east to enhance access. The proposed settlement does not recognize a full commercial price. Petitioner shall also pay the additional sum of $36,960.00 as statutory attorney fees pursuant to Section 73.092, F .S. The Mediated Settlement Agreement requires Collier County to pay an additional amount of $121,960.00 equaling the balance of full compensation and attorney fees. FISCAL IMPACT: Funds in the amount of $121,960.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Management Plan. Consistent with the Collier County Growth ,.-- RECOMMENDATION: That the Board of County Commissioners approve the expenditure of funds as stated: approve the Mediated Settlement Agreement; and approve a Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Agenda Item No. 16K14 November 16, 2004 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K14 Meeting Date Recommendation for the Board of County Commissioners to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcel 177 in the Lawsuit Styled Collier County v. Teodoro Gimenez, et aI., Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051). 11/16/2004 9:00:00 AM Prepared By Date Heidi F. Ashton Assistant County Attorney 11/1/20041:06;37 PM County Attorney County Attorney Office Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 11/1/20043:57 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 11/1/2004 4:40 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 11/1/20044:45 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 11/1/20044:52 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 11/2/20045;17 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/200412:52 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/2004 2:28 PM Approved By Susan Usher Senior Management/Budget Analyst Date Agenda Item No. 16K14 November 16, 2004 Page 3 of 5 County Manager's Office Office of Management & Budget 11/312004 3:46 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/5/20048:23 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/5/20047:32 PM Agenda Item No. 16K14 November 16, 2004 Page 4 of 5 TN TIlE Cm.CUIT COURT OF TI-IE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, CASE NO.: 04-0S61-CA Petitioner, PARCEL NO.: 177 v. TEODORO GIMENEZ, et al., Defendants. I MFn1ATED SETTLEMENT AGRF.'EMENT At a Mediation Conference held on October 27, 2004, the parties reached the following Seulemeot Agreement: 1. Petitioner will pay to Defendant(s), 8/JdtJ MqlfD QI1 d lkar'JINt IQ" T4I'O the sum of $ /'S; ~. OO)on in full settlement of aD claims for compensation from Petitioner whatsoever. incl~~ staiutory interest, but excluding &tte~' s fee, expt!t' s fees, and costs. f~+".hone.r Wilj ~y ~Mdal1ff Sl&~y' d~S' ~ CJt .I .16.1 96(). t)"~o. . 2. Petitioner is entitled to a credit in the aIIlQunt of $ J 00", 00f> . ~ll!6 which was preriously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. 4. Petitioner will pay Defendant(s) the balance due of $ /(;.t W I ~GO within 30 days ofthe entry of the Stipulated Final Judgment by the Court. EXHIBIT ~ i ---B-- J Agenda Item No. 16K14 November 16, 2004 Page 5 of 5 5. This Agreement is subject to approval by the Board of County Commissioners of Collier County. 6. 'The Court will retain jurisdiction herein as to the matter of Defendants attau....y~ ~ expert's fees, and costs. 7. Attached hereto is an Addendum to this Agreement. \/' No Yes 8. This Agreel11ent and the attached addendum, if any, contain(s) all oftbe agreements of the parties. I/-~(. ~ ~~ Defundant ~~~. Petitioner I-/CLrry Huvlus,n I ~e TIt."':; ..,~i _-.,.p~/."'7 --1J.,p. J- ~ Attorney fur Petitioner 1!fI1'~ 2 .,.-..... Agenda Item No. 16K15 November16,2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, TECH Foundation, Inc., for Parcel No. 150 in the amount of $27,140.00 in the lawsuit styled Collier County v. TECH Foundation, Inc., et al., Case No. 03-2499-CA (Golden Gate Parkway Project 60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, TECH Foundation, Inc. ("RespondenC), in the amount of $27,140.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 150 in Collier County v. TECH Foundation, Inc., et al., Case No. 03-2499-CA. CONSIDERATIONS: On September 12, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 150 for the Golden Gate Parkway Project (Project No. 60027). On September 25,2003, Collier County deposited with the Registry of the Court the sum of $23,600.00 for Parcel 150 in accordance with the Order of Taking. - The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $27,140.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondent to carefully assess her claims for compensation. Respondent will have thirty days from the date Of mailing the offer to accept. If Respondent accepts, the County will be required to pay $3,540.00 to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $27,140.00 for Parcel 150, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Although the offer does not include attorney's fees, if Respondent accepts, the attorney's fee based on benefit achieved pursuant to ~ 73.092, Fla. Stat., is $706.20. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment ~d has catGttl~ed iD.,Sood faith this offer of full compensation for the property interests taken. - - This office considers-the terms of the Offer of Judgment to De reasonable. FISCAL IMPACT: Funds in the amount of $4,246.20 are available in the FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent; 2. Approve the expenditure of funds as stated, if the offer is accepted; ,- 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Jeffrey C. Clapper, Legal Assistant, County Attorney Agenda Item No. 16K15 November 16. 2004 Page 2 of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K15 Recommendation to authorize the making of an Offer of Judgment to Respondent, TECH Foundation, Inc., for Parcel No. 150 in the amount of $27,140.00 in the lawsuit styled Collier County v. TECH Foundation, Inc., et aI., Case No. 03-2499-CA (Golden Gate Parkway Project 60027). 11/16/20049:00:00 AM Meeting Date Prepared By Date Jeffrey C. Clapper Legal Assistant 10/29/20044:53:57 PM County Attorney County Attorney Office Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportlon Services Transportation Services Admin. 1111120044:30 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 11/1/20044:38 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 11/1/20044:43 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 11/1/20045:09 PM Approved By Ellen T. Chadwell c..:.. A.~~~ta!l~..county Attorney -~~_.-:=--_, Date County Attorney County Attorney Office 1112/20045:04 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportlon Services 11/2/20045:15 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/31200412:54 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/312004 2:24 PM Agenda Item No. 16K15 November 16, 2004 f='age 3 of 6 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/200410:51 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/4/200412:43 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/4/20044:21 PM ---=-~-~.....=-~ . Agenda Item No. 16K15 November 10, 2004 - Page 4 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2499-CA v. Parcel No.: 150 T.E.C.H. FOUNDATION, INC., et aI., Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigne~ attorney, has served Petitioner's Offer of Judgment to the Respondent, T.E.C.H. FOUNDATION, INC., as to Parcel 150 in the above-styled cause. I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment have been furnished via Regular U.S. Mail to Kenneth A. Jones, Esq., ROETZEL & ANDRESS, 2320 First St., Ste. 1000, Ft. Myers, FL 33901-3419 and a copy of this Notice has been sent to Fifth- Third Bank, 999 Vanderbilt Beach Rd., Naples, FL 34108 on this _ day of - - , 2004.-~---~~ OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K15 November 16,2004 Page 5 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2499-CA v. Parcel No.: 150 T.E.C.H. FOUNDATION, INC., et aI., Respondents. / OFFER OF JUDGMENT TO: T.E.C.H Foundation, Inc. C/o Kenneth A. Jones, Esq. ROETZEL & ANDRESS 2320 Firsf~t.; Suite 1000 Fort Myers, FL 33901-3419 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respond!nt, TE.C.H. FOUNDATION, INC. ("Respondent"), for all compensation, includin_g severance damages-,-b~s1l1ess damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcel 150, in the total amount of Twenty-seven Thousand One Hundred Forty and No/I00 Dollars ($27,140.00), for Parcel 150, which includes the amount of $23,600.00 which was deposited pursuant to the Order of Taking dated September 12,2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking and is subject to any Agenda Item No. 16K15 November 16, 2004 Page 6 of6 apportionment claims of STEP BY STEP EARLY CHILDHOOD EDUCA TION AND THERAPY CENTER, INC. This offer does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of such a request. Dated this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER ----.. -:::-~;-~- =-~." 2 - Agenda Item No. 16K16 November 16, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Anna Mongillo, for Parcel No. 840 in the amount of $7,500.00 in the lawsuit styled Collier County v. Nancy L. Johnson Perry, et aL, Case No. 03-2373-CA (Golden Gate Parkway Project 60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Anna Mongillo ("Respondent"), in the amount of $7,500.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 840 in Collier County v. Nancy L. Johnson Perry, et al., Case No. 03-2373-CA. CONSIDERATIONS: On September 12, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 840 for the Golden Gate Parkway Project (Project No. 60027). On September 25,2003, Collier County deposited with the Registry of the Court the sum of$6,000.00 for Parcel 840 in accordance with the Order of Taking. - The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $7,500.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondent to carefully assess her claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If RespOndent accepts, the County will be required to pay $1,500.00 to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $7,500.00 for Parcel 840, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Although the offer does not include attorney's fees, if Respondent accepts, the attorney's fee based on benefit achieved pursuant to S 73.092, Fla. Stat., is $330.00. -- The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this CLffer of fiL~~~~~tion for the property interests taken. -'::;'This office considers the terms of the Offer of Judgment to be'reasonable. -~- FISCAL IMPACT: Funds in the amount of $1,830.00 are available in the FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent; 2. Approve the expenditure of funds as stated, ifthe offer is accepted; _. 3. Approve Stipulated Final Judgment based on an acceptance ofthe Offer of Judgment, and authorize payment accordingly. PREPARED BY: Jeffrey C. Clapper, Legal Assistant, County Attorney Agenda Item No. 16K16 November 16, 2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K16 Recommendation to authorize the making of an Offer of Judgment to Respondent, Anna Mongillo, for Parcel No. 840 in the amount of $7,500.00 in the lawsuit styled Collier County v. Nancy L. Johnson Perry, et aI., Case No. 03-2373-CA (Golden Gate Parkway Project 60027). 11/16/2004 9:00:00 AM Meeting Date Prepared By Date Jeffrey C. Clapper Legal Assistant 10/29/20044:48:11 PM County Attorney County Attorney Office Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 11/1/20043:54 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 11/1/20044:27 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportlon Services Transportation Administration 11/1/20044:43 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 11/2/200411 :30 AM Approved By Ellen T. Chadwell Assistant County Attorney Date -: _ ~~:: CountY.. Attor~ey _ County""*ttorney Qffice .::c.. -_~-=__=_~!2/2004 5:03 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportlon Services 11/2/20045:14 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/3/200412:55 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3/20042:23 PM Agenda Item No. 16K16 November 16, 2004 Page 3 of 6 Approved By Michael Smykowsl<i Management & Budget Director Date County Manager's Office Office of Management & Budget 11/4/2004 10:49 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11/8/2004 8:22 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/8/20049:18 AM --==---=~__---;oo-.. Agenda Item No. 16K16 November 16, 2004 Page 4 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2373-CA v. Parcel No.: 840 NANCY L. JOHNSON PERRY, Individually, and as Successor Trustee, et aI., Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, has served Petitioner's Offer of "Judgment to the Respondent ANNA MONGILLO, Individually, and as Personal Representative of the Estate of Dominick J. Mongillo, as to Parcel 840 in the above-styled cause. I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment have been furnished via Regular U.S. Mail to Brian P. Patchen, Esq., EARLE & PATCHEN, fOQ,DRii-cRell Ave., Suite 1112, Miami, FlorLda 33131 on this (lay of=. --__~ _ -.- -. -- .:.. -::----- -. - -. ----... -~~_._:;;----< 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER Agenda Item No. 16K16 November 16, 2004 Page 5 of 6 IN THE CIRCUlT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2373-CA v. Parcel No.: 840 NANCY L. JOHNSON PERRY, Individually, and as Successor Trustee, et aI., Respondents. / OFFER OF JUDGMENT TO: Anna Mongillo, Individually, and as Personal Representative of the Estate of Dominick 1. Mongillo c/o Brian P. Patchen, Esquire EARLE & PATCHEN 1000 Brickell Ave., Suite 1112 Miami, Florida 33131 Plaintiff, COLLIER COUNTY, FLORIDA, pursu~nt to Section 73.032, Florida Statues, ~~- - - - - - - ~ - --= -:::::;~"-~--~., and Fla: R. tN. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, ANNA MONGILLO, Individually, and as Personal Representative of the Estate of Dominick J. Mongillo ("Respondent"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcel 840, in the total amount of Seven Thousand Five Hundred and No/I00 Dollars ($7,500.00), for Parcel 840, which includes the amount of $6,000.00 which was deposited pursuant to the Order of Taking dated September 12,2003. Agenda Item No. 16K16 November 16, 2004 Page 6 of 6 There are no non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of such a request. Dated this _ day of ,2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8~00 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER ~~-- - - -----... ~~=-~--=-~., 2 ,- Agenda Item No. 16K17 November 16, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to direct the Office of County Attorney to prepare an ordinance for the establishment of the Rock Road Improvement MSTU. OBJECTIVE: To direct the Office of County Attorney to prepare an ordinance for the Board's future consideration establishing the Rock Road Improvement MSTU. CONSIDERATIONS: In accordance with the Resolution 96-134, citizens may petition the Board of Collier County Commissioners to approve and establish a Municipal Service Taxing Unit (MSTU) to levy taxes annually for certain improvements within a defined area. The Rock Road Civic Association has initiated this petition process in order to create an MSTU for purposes of road improvements and ongoing maintenance to Rock Road and connecting private roads in their neighborhood, and has recently submitted a proposed petition to the Office of County Attorney and County Manager's Office for approval. ,,,...- Rock Road is currently a dirt road located approximately two miles east of CR 951 (Collier Blvd.) on Immokalee Road and extending south approximately two miles. Residents using Rock Road to access their properties have attempted to address the poor condition of the road for over two years. Rock Road is not a County-owned or maintained road and therefore not eligible for funds. The creation of an MSTU will provide a local, private funding mechanism to improve the condition of Rock Road and intersecting side streets and ultimately the property values in the area. A map of the proposed MSTU area is attached. In accordance with Florida law, Rock Road Civic Association will need the signatures of over 50% of the affected property owners. Their organization has been gathering signatures in anticipation of ultimately presenting a MSTU Ordinance for the Board's consideration before the year's end. In light of the two remaining Board meetings before the end of-:the calendar year, we are requesting that the Board authorize Ol1r o!fice-to . ~ - - ,- '",-- - prepare t~rdinal1'Ce. Thereafter" once and if the requisite number or-signed pelitiOll~r--~-~ are received and the proposed ordinance advertised in accordance with law, an ordinance may be presented to the Board December 14, 2004 for consideration. FISCAL IMPACT: None. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Direct the Office of County Attorney to prepare an ordinance establishing the Rock Road Improvement MSTU and present this ordinance to the Board only after receipt of the requisite number of valid petitions, proper advertisement and notice, for its consideration. ,.--' Item Number Item Summary Meeting Date Agenda Item No. 16K17 November 16, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K17 Recommendation to direct the Office of County Attorney to prepare an ordinance for the establishment of the Rock Road Improvement MSTU. 11/16/20049:oo:00AM Prepared By Ellen T. Chadwell County Attorney Date Assistant County Attorney 11/3/200411 :53:44 AM Approved By David C. Weigel County Attorney County Attorney Office County Attorney Date Approved By Ellen T. Chadwell County Attorney County Attorney Office 11/3/20041:12 PM Approved By OMB Coordinator County Manager's Office Assistant County Attorney Date Approved By Michael Smykowski County Manager's Office County Attorney Office 11/3/2004 1 :25 PM Approved. By James V. Mudd Board of County Commissioners Administrative Assistant Date Office of Management & Budget 11/3/20042:48 PM Management & Budget Director Date Office of Management & Budget 11/4/20048:57 AM County Manager Date GountyMan~er's Office ~~- 11/4/20045:27 PM - "-::~-:~~=--.:?;-, Agenda ItemNo. 16K17 November 16, 2004 Page 3 of 3 . PROPOSED ROCK ROAD MSTU :E r= ~ o o o OJ @J tIt ,-- .~ ::::';:;.j.I... ;: \ Lj~I~0~";=:..~ r;:' ", I ;.. '. ".? .___ '-:::::: ~;f~~L j \~~:t~~!~,,1 . I~~I~ ~Ht i' .: .'~ ! iii \1 I". ,'1' ~ .' ,,' :~~Ttj~+E~~ Iii , '; ..\;: ~ ,".', " ~,.t .. , !!2 .. .. "><'<' ' I ; " ~... ,\.\;ij t;-' '!, 'ii" , WI 'I .i... .~: - ,~-\ h~r~ONEiLVP I; , i II '~r ~-,!~j ': I , Ii' 11 AVE ~ ._, " i , I /1] i .; I :rL '1...mJU~diJLv6 vJi , , ,I. ." . ,Iii '.'~T' . I. ~\iE! I JiW-~ i, i ,,'~ ,'11 MV, I'~ , ,I' . .' ...m : 'm . . : I I.' I . . . ,'. ; ". ..1 i I, , .; , :i L I I um ! - ..., I' N ..' m'.' ..s , I,:." , > , ! -. ! i , : t i , . , :1 i ,:1, " ; ~,.,l.:.T~i".'j".P::"li"..iJ,~. - i i Iii' II : -jr-'Al-'\-tr'T"'!""" 110' T' IiJlii'VE Nil I^~ , I ! , ' Ill;,", I , : :v'( ; j , I I ' 'm. .m.... ..... u,.. ..... . ... . I "'''''' _..u .. .. ? ,i!'........... ,,- Agenda Item No. 16K18 November 16,2004 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve a satisfaction and release of lien in Code Enforcement Board Case No. 2003-055 and direct the County Attorney Office to file a stipulated notice of dismissal in Aljo, Inc. v County Commissioners, Collier County, Florida, Case No. 04-1679 CA. OBJECTIVE: To obtain Board of County Commissioner (Board) approval of a Satisfaction and Release of a Lien resulting from Aljo, Inc. v. Board of County Commissioners Collier County, Collier County, Florida, Code Enforcement Board Case Number 2003-055 (Code Case), and to obtain BOARD direction to file a Stipulated Notice of Dismissal in Aljo, Inc. v. Board of County Commissioners, Collier County, Florida, Case Number 04-1679 CA (Appeal Case). CONSIDERATIONS: On December 15, 2003, after public hearing, the Collier County Code Enforcement Board (CEB) rendered its Findings of Fact, Conclusions of Law and Order afthe Board finding Aljo, Inc. (Aljo) in violation of Ordinance 99-58 because each of its forty two (42) units at Diamond Shores were being leased and were not registered as rental units. This Order required Aljo to "complete" and "submit" a rental registration application to the County for each of the 42 units by December 18, 2003 or a fine of $30 per day per unit would begin to accrue. On January 12, 2004, Aljo complied with the CEB's Order and an Affidavit of Compliance was filed in the public records. On January 22, 2004, the CEB imposed fines in the amount of $30,240 for twenty-four (24) days of non-compliance and $7721 for operational costs. ,- On February 26, 2004, Aljo moved the CEB to reduce or abate the $30,240 fine. At this hearing, Aljo paid the County $7,721 in full for its operational costs. Although Code Enforcement staff at hearing advised the CEB that it had no objection to the full abatement of the fine, the CEB only reduced the fine to ten thousand dollars ($10,000), plus operational costs. On March 28, 2004, Aljo filed the Appeal Case to challenge the CEB's Order on Motion to Reduce/Abate Fine. To date, Aljo has expended $7,721 for operational costs and $ I 260 for rental registration fees and has complied with the CEB' s order to correct. FISCAL IMPACT: If the lien is satisfied and released and the Appeal Case is dismissed, the County will not expend any costs in the pursuitof ~ollec~ion of the lien. Further, the County will be relieved of anrrfsk of adverse rulings in.,.the ~C~, such. as the. potential of a remand to the Code Enforcement Board, which would require the utilization of-additional County resources to again impose the fine. The fiscal impact relating to the recording fees will be approximately $27. This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. RECOMMENDATION: That the Board eliminate the claim of lien in the amount of$17,721 by approving a Satisfaction and Release of Lien in the Code Case and authorizing its Chairman to execute same and that the Board direct the County Attorney Office to file the Stipulated Notice of Dismissal in the Appeal Case. - PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney Item Number Item Summary 16K18 Agenda Item No. 16K18 November 16, 2004 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Recommendation to approve a satisfaction and release of lien in Code Enforcement Board Case No. 2003-055 and direct the County Attorney Office to file a stipulated notice of dismissal in Aljo, Inc. v County Commissioners, Collier County, Florida, Case No. 04-1679 CA. 11/16/2004 9 00:00 AM Meeting Date Prepared By Date Jennifer A. Belpedio County Attorney Assistant County Attorney 10/25/20043:53:33 PM County Attorney Office Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 10/25/20044:20 PM Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Date Code Enforcement 10/25/20045:34 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 10/26/20044:02 PM Approved By Joseph K. Schmitt Community ~evelopment & Environmental Services Approved By OMB Coordinator County Manager's Office Community Development & Environmental Services Adminstrator Date Community Development &c Environmental Services Admin: ~~- 10/26/20044:40 PM . ... - Administrative Assistant Date Office of Management & Budget 10/28/20049:09 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 10/29/2004 1: 26 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 11/3/2004 1 :53 PM Approved By Agenda Item No. 16K18 November 16, 2004 Page 3 of 5 James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/4/20043:53 PM ~~- ~ '- Agenda Item No. 16K18 November 16, 2004 Page 4 of 5 SATISFACTION AND RELEASE OF LIEN This is to certify that the claim of lien in the amount of seventeen thousand seven hundred and twenty one dollars ($17,721.00) collectively arising out of the Code Enforcement Board Order Imposing Fine/Lien recorded in O.R. Book 3495, Page 0779, et seq. of the Public Records of Collier County, Florida, and Code Enforcement Board Order on Motion to Reduce/Abate Fines recorded in O.R. Book 3515, Page 1419, et seq., of the Public Records of Collier County, Florida, and against the following described real property, and all other real and personal property, located in Collier County, which is owned by Aljo, Inc. has been satisfied by Aljo, Inc.' s payment of $7,721 for operational costs and is hereby released in full. The real property described in Exhibit "A" attached hereto and hereby made part hereto, as if fully rewritten herein, describing forty-two (42) condominium units located at Diamond Shores f/kla W oodlake. The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Aljo, Inc., and consents to this lien being discharged of record. Dated this day of ,2004. 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 .1 .' j - I !- ! I I I I I I J.~- Agend51.l1e.m N.,g. 16K18 - November 1~, 2004 OR: 3461 PG: 33V1age 5 of 5 '/OR:3495 PG: 0183 / EDlblt II A It 8treetA&ke.. 11' AcaeLt 102 Acacia 101 ~i.& 21) .... 2Ui BI:UtIl Unit No. Phase A-S I A-12 I A-14 I ~-2 1 B-S 1 B-9 B-13 C-4 CaS C-25 'I... c-n P-3 0-12 o-t. 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S 1'1 ....u 51' _u 521 _is Pare.l JO 2"'1510010) ~""5 1 OD2.~ 2..7S100214 29"51D03'5 2"'75100.20 2.875100501 2'.'7S10QStS 2'.'5101121 "."S101".. ., 2t.'7S101144 29.'7S'lOUE 1 2917510156'F.. 2'."511:11'46 2""'S1 O~ 'IE 29B7S10l!fC. .29"S~Oap~ :2 91B"fS 1C19~~ 29'''7S1(\1~::4 29'''51(\194(\ .291'4&101"6 ;"e7S101"L; ;2"15'70;:004 2'.""02020 2"1S"020"t. 2""75 '0206:Z 291''71)'1020U 2.""'5 '1021.D 1 2,.,57021::"1' 298'5'0214'3 291 '5 "02,. 4 ~ 2'87S'029'S 2""7S'02'!] 29S"?S'HllOIH 291'!S"03(l:~ ,.,..,,:,c:.'20!t\4; II II %1 II II S23 'In..ia S::S Bnai. 527 la.ai. 529 en8i.. 521 8ftsi.. ~-~- - -- - - ". .52Ei BUt.. 524 ...1. 522 In.. i. 520 IIIIla ,Oft Pl"eh { 04 II II II II n Agenda Item No. 17 A November 16. 2004 Page 1 of 44 Sheet 1 of 3 A VROW2004-AR6011 EXECUTIVE SUMMARY Recommendation to approve Petition A VROW2004-AR6011 to disclaim, renounce and vacate the County's and the Public's interest in the road right of way which was granted to the Public by the Deed of Easement recorded in Official Record Book 321, Page 277, Public Records of Collier County, Florida. Located in Section 22, Township 49 South, Range 25 East. OBJECTIVE: To adopt a resolution to vacate the 50 foot wide by 302 foot long parcel for road right of way along U.S. 41 North granted to the Public by the Deed of Easement recorded in O.R. Book 321, Page 277. -. CONSIDERA TIONS: Petition A VROW2004-AR60 11 has been received by Engineering Services from James H. Siesky, Esq., from Siesky, Pilon & Wood, Attorneys at Law, as agent for the petitioner, Tennessee Family Properties, LLC, requesting the vacation of the right of way that was granted to the Public by the Deed of Easement recorded in O.R. Book 321, Page 277. The general location of the subject property is shown in the Property Appraiser's aerial photo (Exhibit 1). In 1957, E.E. Snell and S.B. Allendorf, created the Gulf Acres subdivision by replatting Lots 75 and 76 of Naples Improvement Company Little Farms (Exhibit 2). As it relates to Lots I, 2, 3' and 4, Blocks A & B, the plat for Gulf Acres appears to contain a scrivener's error (see Exhibit 3). The plat shows a "construction setback" line that is 50 feet from the property line. This line also appears to create the Western boundary of these lots. However, if it is interpreted as so doing, a hLatus is created between the Western end of the lots and the Western boundary of the property. In 1962, Mr. ~nd Mrs. Hodges acquired Lot ], Block A, GulfA.cres, frpm Philip N. Keyes and Joan A. Keyes, husband anawHe (Exhibit 4). At the saple tiJlle..-rt1'eaaelopeJ1) of -Gulf Acres corrected their error and conveyed the 50 foot area between the pUrported Westerly boundary of Lot 1, Block A, and the Westerly boundary line of the Gulf Acres subdivision to Mr. and Mrs. Hodges (Exhibit 5). Mr. and Mrs. Hodges subsequently purchased Lots 2, 3 and 4, Block A, Gulf Acres in 1967 (Exhibit 6). However, their legal representative at the time did not secure a conveyance of the questioned 50 feet to the West of these lots. - Agenda Item No. 17 A November 16, 2004 Page 2 of 44 Sheet 2 on A VROW2004-AR6011 In ] 966, Leona E. Allendorf, individually and as Executrix of the Estate of Spencer B. Allendorf issued a "Bill of Sale Absolute" to the Bank of Naples, as trustee, for "any and all other property and rights. . . which in any way pertain to the Gulf Acres subdivision property" (Exhibit 7). The Bank of Naples subsequently issued a Deed of Easement to "the GENERAL PUBLIC" for the "west fifty feet of Lots 75 and 76 of Naples Improvement Company's Little Farms. . . " (Exhibit ,ID. This is the easement that the petitioners seek to vacate by this petition. In 1989, faced with a similar problem for the owner of Lot 4, Block B, Gulf Acres, Mr. Tom Conroy, Esquire, brought a quiet title action against all of the beneficiaries of the Trust for which the Bank of Naples was trustee. Eventually, the Collier County Circuit Court issued its Final Judgment quieting the title in Mr. Conroy's clients (Exhibit 9). Those clients subsequently sought and received a vacation of the easement to the GENERAL PUBLIC from the ColIier County Board of County Commissioners in ] 989 (Exhibit 10). The fifty feet in question has been continuously used by Hodges Funeral Home for patron parking since approximately 1962, and the use has been open, notorious and adverse to all other interests. Further, the existing building was built in the early ] 950s and occupied by Keyes Electric. That company used the front for parking at that time and it has been continuously so used since. On December 29, 1993, Mr. and Mrs. Hodges deeded Lot 1, Block A, Gulf Acres, to the Trustee of the Earl and Thelma Hodges Charitable Remainder Unitrust dated 12/29/93 (Exhibit ] ]); on December ]6, 200], the successor Trustee deeded Lot ], Block A, Gulf Acres to Tennessee Family Properties, LLC (Exhibit ]2). A site plan prepared by Bruns & Bruns, dated May 6, 2004, depicting the area of the proposed extinguishment is attached (Exhibit] 3). The Petitioners are in the process of commencing their own quiet title action regarding the property and expect that a final judgment q!!ieting the title in them will be ~ntered~ Therefore, they request that Collier County receive and process their application.~' =---:-~= ~ Letters of no objection have been received from the following Collier County offices: Engineering Services Department, Transportation Services Division, Comprehensive Planning Department and Zoning and Land Development Review Department. Letters of no objection have also been received from FPL, Sprint and Comcast. Agenda Item No. 17A November 16, 2004 Page 3 of 44 Sheet 3 of 3 A VROW2004-AR60 11 FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. STAFF RECOMMENDATION: Recommendation to: 1. Adopt the Resolution for Petition A VROW2004-AR6011 for the vacation of the 50 foot wide by 302 foot long parcel for road right of way along U.S. 41 North granted to the Public by the Deed of Easement recorded in O.R. Book 321, Page 277; and 2. Authorize the execution of the Resolution by the Chairman of the Board of County Commissioners and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Grigg, Land Surveyor, Engineering Services Department. - ~~- - .- It.." Number ttem Summ.ry Meeting D.t. A'ff~~.~~b':.71 ~02b~ Page 4 of 44 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A Tflis. Item ,equires that "II plllrticipa/"1t.b tift sworn in and Ell Parte OiecloelUfil! bfl providfld by CommlsslOo Member$. ReCOr'flmUlldation to approve PetUwll AVR'_0W2004.-AReOl i to di1;.cJ8HTI, renf)lIfl(;~ and ',iftc:"tf' th~ CQUlltY'fi ~"tJ tnt! Public', inttHt!$! in the J"Dild .righl Df w~y which wai. granted to the Public by the Deed of Eaum~nt recorded in Offic.iBI Record Book 32', PagEl 277, Public Re"(lrd~ 01 Cottier County, Florida. Located ill Sectinn 22. To.....m:hip 49 South, "Illlye ]5 EB!>t. 11/16120049:00:00 AM Prepared By 1015/20048;07:44 AM Rick Grigg Commtlfuty O.vlfltlpftumt & EnvitDnmMtl'l1 Sdrvicfl. Oate Laod Surveyor Engineering: S.ervi~!tS Oateo Approved By Thoma. E. Kuck, P ,E. Cornmulltty O"vl:!Iloprnent & En\/Ironmerrtal SorvicCl'IO COES E"gin~eotltlQ Servict"s Director COf.5 F,l1ginocring Sntvlc:ea 10ffi/2004 3:.\6 AM f)~fI Approved By 5illldra Le-a CC'lmmunlty Dtlvelopmen1 & En"ir(lo"m~nltll s~,-...h';t'll c:ltecutiye 5-e('.n!t..,V ,':a"",,,.,unrty Oevelopml!!nt & F.:nvlr~nment,11 Sf!f..,I~p.* Admin 10/22/20043:13 PM O..tn Approved By Cons.l:anell: A. .~()t'""O" Community OltVtllopmltnt 8, Ell\lltolllJ'wlrtlllServlcltB O~llrahDnll AnalY41 Communi1y DCI'veiopmltllt & Envlronmltnt.aJ S(1fvi(~el\: Admm, 10126120042:56 PM t:l.l~ Approved By .kHlel'lh K. St.hmltt eommlmlty Do!lv(!lopm~"ll\. F.:nvlron",,~nl;11 SllIryir,iflII; CommUNity D(N~lopFne-"t,& [n...lronmCl'nhl SlIrviclft& Adrnin.tr"tQr Community D~Velopml!!n' Ii. Envlronmllnt;ll SCll"\'tC"$ Admin 10'28/;2004.4:2.1 PM O.llttt Approved By OMS Coordlnalof CDunty Manlllger'& Office Adminllitr.1ti\le Aul.tal'lt Office of Ma'u;gement & Budget 10128/2004 9:U:I AM Date Approved By Mark Is~ck.oll CQuntv Mftn.ll1rlr'. Offir.fl Budget Analyst Qffi..tt nf M.".IlI~m~l1t &. BUdUm 10129/200410:29 AM Oa!fI- Approved By Michael SmykowBkl Cuunty M.,uger's Office Mnniluemtent & Budgtlr Ojrnctor Office of MlIIl'lagemenl & 8udget 1115/2U0411:.40 AM Dote Approved By JameM V. Mudd Board of Cou nty COMmis$ionf'" COUllty M::U1agl!!r Cnunty MJll1ngl!lr'ti O"icl!l 11/512.0041.<':08 PM ~.;-~~=-~.. ---~_.~- Agenda Item No~ 17 A November 16,2004 Page 5 of 44 RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VROW2004-AR6011 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE ROAD RIGHT OF WAY WHICH WAS GRANTED TO THE PUBLIC BY THE DEED OF EASEMENT RECORDED IN OFFICIAL RECORD BOOK 321, PAGE 277, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, James H. Siesky, Esq., from Siesky, Pilon & Wood, Attorneys at Law, as agent for the petitioner, Tennessee Family Properties, LLC, does hereby request the vacation of the right of way that was granted to the Public by the Deed of Easement recorded in O.R. Book 32 I, Page 277; and WHEREAS, the Board has this day held a public hearing to consider vacating said road right of way that was granted to the Public by the Deed of Easement recorded in O.R. Book 321, Page 277, as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's and the Public's Right ~f Way interests over and across the right of way-tnat was granted to the Public by.the Deed of Easement recorded in O.R. Book 321, Page 277, are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. ~~- - -- Agenda Item No. 17A November 16, 2004 Page 6 of 44 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution, the proof of publication ofthe notice of public hearing and the proof of publication of the notice of adoption of this Resolution in the Official Records ofColIier County, Florida. 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 - -~- - --=--=-~__ ----;:r-_, ~....",.------ ~- Agenda Item No. 17 A I November 16,2004 f44 SKETCH OF UNPLATTED PARCEL OHIO DRIVE - (61)' RfQ<T-OF-WA Y.l - -- w E RIGHT -OF- WA y UNE ~ I 100' 50.00' EXHIBIT "A" SHEET I OF 2 A VROW2004-AR:6011 '- ~ 8 ~~ U "'- ~ i'i i ~ I Q 8 ~ :t 0: l!! ~ (1);::- l~ ....., ~~ o~ I ~?5 S~ 08 I 0:':::- ~ I ~ i i ~ LOTf BLOCK A ------------- LOT2 BLOCK A ~ ..... ..... --------------,~ ~~ .... LOT3 ~ BLOCK A - . l( ---------..;::;;;..---- - ~~ --=--- - - LOT4 BLOCK A '50.00' HKJH PDfNT 8tIIIDMSION I'UT8tXJK8 PAt'lE H DA TE: MA Y 06,2004 ~ ~ & f,8 '7'UITtO>, :J'1U:.o. y~ &' :ltJrMi, !I'~ :3 ~ fOrt fiu... .J..-- X-'I. 5. :. '6.. ......... K.. ~ 3ll/( X ofti- ~l...ld.t. 's Jf( 01 ( tfJ g) 16 { - 5$)6 5 ... I ~ i Agend;3 Item No. 17 A November 16-, 2004 - Page 8 of 44 LEGAL DESCRIPTION OF PARCEL EXHIBIT "AU SlmET 2 OF 2 A VR0W2004.AMGJ I That strip of land being fifty feet (50') by three hWlC:lred and two feet (302') lying West of Lots 1, 2, 3 and 4, Block A, Gulf Acres; East of the road right of way for Tamiami Trail (U.S. 41); South of a Westerly extension of the Northerly line of Lot I, Block A, Gulf Acres, to the road right of way for Tamiami Trail (U.S. 41); and North ofa Westerly extension of the Southerly line of Lot 4, Block A, Gulf Acres, to the road right of way for Tamiami Trail (U.S. 41); according to the plat for Gulf Acres recorded in Plat Book 1, Page 111, Public Records of Collier County, Florida. ~~~---~., Agenda Item No. 17 A I November 16, 2004 . Page 9 of 44 Ci) Attacbment "C" PETITION FORM FOR THE EXTINGUJSIIMltNT 01' PUBUC DEDICATED EASEMENTS RECORDED BY SEPARATE :mfSTaUMEM'T IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDMSlON PLAT) ONPLATl'ED OR UNPLATrED LAND, EXCEPT FOR PUBLIC ROADS I RVlZoId2004--RJZ.~O/ Date Received: e; ../3 . 0 4 Petitio. II: 1-6 A 1 4 , ~~~'r~ PetltioDer (QwDer): _Tennessee Family Propert ies, LLC, Earl G. Hodges & Thelma T. Hodges Address: 2140 Coach House Lane Teleplaoae: 239,...262-8617 City/State: Naples, FL 34105 ZlpCocIe: 34105-2713 Agent: James H. Siesky; EsquTre Address: City/State: 1000 North Tarniami Trail, Suite 201 Naples, FL Telep.......: 239-263-8282 ZlpCode: 34102 Loutlon ofSubjeet Property: 3520 Tarniami Trail North, Naples, FL Location: Section 22 TOWDShlp 49 Ruge 25 2945 2751 omclal R~ord Book 1 9 nn Page (s) 7 h. h earreat zo....C: Lots 1, 2, 3 & 4, Block A, Gulf Acres ])oM tIab affect "'ky'I~ Lepl Descrlptlola: Reason for Rlqaat: I hereby antborize Ag_t above to represaal me for this petitIoa: ~~lQ,~ Signature ofPetitlonu Me aging Member Ves ONO~ rl.:!t1 M- No M- e::> ::CJ Release easement granted to general public ~---.:=-~--=-~-, Tennessee Family Properties, LLC Print Name Managing Member (TItIet ~ .,. c:::o .- ""=' ~ ~---~ Please see "Policy ad Procedure for tile EDiapiIImaeaI of !'abBe J1'~ by s.p.... ~....... for the list of sapportive materials wbich mast aecompaay Ibis petitio., ad delIYer or .... to: ~ ~ c:::> Cl:> ~ * 11+ CommaDity Developmeat " EDviro.....1al Serrices Dh1IioII PIanDiD& Services nepartlDe1at %800 Norda Boneslaoe Dr. Napleli, J'Iorlda 34104 (1) If .ppBaat Is .1aacI trut, ........ tile..... .,..dc:lar*. (2) If appUeut Is a corporadon otber tUa a puUe corpontioa, iadlade tbe IUlIDe ef....... ud major Itocklaolden. (3) If .ppUeat Is . partDenlllp, IiDUted p......nblp or otller b.... cadty, ~ tIae .... of priDelp. (4) List aU other OWller&. AtbCmr-t "'C" Page 4 of4 Agenda Item No, 17A November 16, 2004 Page 10 oi44 Tennessee Family Properties, LLC a Florida limited liability company BY: --~~-6~ ~s 'e H. King, ill, aging Member Mc~ ~,-- Earl G. Hodges 51/// /6r I Date ~ ~r u~.~ r' m $.. . W6l.re~-> Thelma T. Hodges c.,J 5'--// --D~' Date Tennessee Family Properties, LLC consist of the following members: Leslie H.-King, ill, Managing Member Earl G. H9dges Leslie I[ King, Jr. ~ - - -:::-......:;.~-~__~---;;r-., Agenda Item No. 17 A November 16,2004 _Page 11 of 44 Official Receipt - Collier County Board of County Commissioners CDPR1103. Official Receipt T F= EEo 'E::~.E.1 PT J 1~~~~.;..~~~ Nbr.___~ ~r~~~~~umb-~!.---------+~~~004 4:36:~~-E11 Post Date 5/31/2004 Appl Name: JAMES H SIESKY, ESQUIRE Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 1000 NORTH TAMIAMI TRAIL SUITE 201 NAPLES FL 34102 proj Name: HODGES FUNERAL CHAPEL Type: COM T AZ: 84 Subdiv Nbr: 839 Project Nbr: 2001110025 Payor: HODG ES Fee Information [iEj~~~j-~~~~~MENT-ROW ___...__-~~~J-GC-Account I 131138326~~910000000 Total Amount Waived 1000.00 $1000.00 Payments Pa ment Code Account/Check Number ._9_HEC!L..._______ 331L_______.____.____________. ..----.--------------- ------- Amount: ______.____ ___.__..$1999~QQJ Total Cash Total Non-Cash f----.-$1~~&~ Total Paid -- l~-' "'-$1000:00! ~~--:: -=-~-, Memo: Cashier/location: GARRETT _S / 1 User: WILLOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:5/28/2004 4:37:18 PM &~N''''''' J ~.t.i ~ f ~~'it~.r ~ ' ,t f \~ ) "i ~ N. ~"\ t, ~ i ~ ~ ~ ! "t ~. 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That ,Jt~ ~n;d pcft1u 0/ tho!!,.,: part,/or '''''4 In c.."ufd.I'OUon: I ':1/ Oi, Jim, ut Ten Me! no/lOOt-h. . - - .. .. - - . .. . - - - . .. - - . - - ...DoUG"', [ il/ 111l/HI paid 1)11 (/t~ ~(J;tJ I,art!.. of Ou ue,,"<t part, tlUl r~tclpC'Whc'fol t. hlt,...bJl 1.u:J..ollurd("'ellrJ. 11tI'f'O rembrd, rclr:lutd and qu'U.e!C1fmod, an. hW thUG /,t'uell.h_ 10 1,<'I1IJ$ 'i rcfeme alld qfif/daim lIntn t..llt: 'rslfll'lrrCho 01 ~'": .otlal'ld po,.t. .r\.(4 . i tho~' Ittlr. nlld (Jut!!IU loUt'tl, tIU tile litht, ettlo, 'rtt,m:IIl., I:lalm ~JIId (JCIIrO},rJ u'//l'(.JJ l h C Jlr:,ftl partlu 01 L1!.c jtrd po,." M.,... 11'10 IUlll to a,t lollowt~t -1rH~/JtJ foe ",""~e 01' pal'cel nf la..,<<, JfluaLe tvlTlt Cimd bchl.i III t/.o Ccurttv 01 ~ Callbr S/.Qt. 01 FlrJrlda, to ~t.' llei1M.1n(, ..t.. th., )lo1'~lI'Jut c:omer or Lot 1, lle-ex A., Cult' AC1'O., pel' ,ua" 1" 111lt Dool(: 1, P~e 111, Public: ""eor!!. of CflU1ol' Ccunt1, Flotida: t.Mlle. 11.l a ItUwrl.r r.. d!.l"Oi:ttan, ..lona t.ho north lb. or ..if! Let. 1 CI:l:U!ndd 'iellt.e:r17. 50 -r..t 'too ... ;:lO~,tJ, I thc:'lc" "in /I IlOlJeherly ~1'\lct1ol\r 'PlU"lllol \11th 't.hll vut l1na of said te~ :t, "., -! I ~ r"otl :tOr.. 0: lcu to II. point 1r. tJ1, .000th Hn" ot 1I&i!! Lo~ 1 ~xtotldo~ IIOft",,:,l,., thance 1~ an. Ull~crl,. dlror.:t.:!.Oll. alone tht IOI.'.t.h 11~ of III.ld tot. 1 nt.oncl4d WIt.- cr~r SO teot 1:4 th. SoYUI.....t. t01':lor' or uil! toQt 1, thenco it! II not'thn-l:r t!1roc:- '1:1"n, lIlon:J ~l1a \lut 11no 01' u1r! .Lot 1, ".3 !'Ollt more 0:' :11111 ~ th\ll 7iorUi....:S.~ ~l" .r .otd "', l """ <b. ""., or """"'n;. ;, ~I To Rll,;-'e llnd lo llold the ,ome, t6letllt:r with aU IIrsd .1"111.1., U.e . apprL.,ttJIUlICe:1 t}leJ:e,,1f.to lJ~Lolflint 0" ill ol'l-1J1.t:l,e appueaJnfnl1, a.gd ",rl life c,t4C~, j ."'I.'liLt, flU", in IU~'L o.nd r:rQim i:i:hQ1IOlll~' 01 ate $aid pGrts... of ULr: ttl'd pr;rt, cUker bt 1cI(: or- equity. fo "tt: 0"'1/ PI"';)/'c,. JI.s;., lJ~nrftt arwl lId/ool of ~he '(lid por'~.. 0/ tlte 'e~o"d pore, t.."oir hei" o''4~#ltlU forcver. in Wilnces '~The~eor., t1l'. ,aid !>fUl-it:J 01 tiLe /I"d pori. Jt4n 'LC:reunto Jilt I t....,.~r J~nd.. tlncl u41. tht dOli Qnd 1i~tU'II.T'#t IlIbove Wr1tt.en. II. Sip~cd. ~tcd Ilt'ld Dc:lI~ in '"""~ oCr R t-, /~~ . . . . S~A 4.d;S.. a, ~. II~:"" .a: 7' ".s .5~.de::'-..' ~ -, .. I ...~ .. ~' Wi '1 rA ~~... ...d;,{" !!t..~ /U: ~~t!~d~ _ } ;1:1 --: ,1 1IF.P.EIl1' ~..~Mt em. thl., dOli per,,,naUv cpP<<Jrtd be/-O,. nLts, em Ot!t04' duf!: ~uLho~t~lJd (0 a4m.in(der oa'h4 and ~.\cr, r:.ok1JowltclI".,e,."" S. J. Ult'.!'t. 1 ,l.s~;at. .'Uld f'I:I ~ll 1 nlj.l.V'1dul.l , fl1ld Vloca .lJ.hndo\'t', h1.' vito I t.n4 t, 2. SneU, Ajsont. I r.n~i "..; K.Q in::livic!u...l, ll.o.,c! lo'.4rt1"o Snell', hill ,1'11"(0. , II 10 me u.:ell ktl.ow1'I. (0 b(! th, pl:r~on.a rJeurilr~.f in OM whe d%lO~tut the !ort/olnf! , 'll-trllnt:l.t a.:d t.hlt)' oeknow1utled tu/or. Mil tMt t.hq. . : e.!<.~i:...L.'cJ au, tam., frU!I'; ond L'O/U.r:.tarilV {o,' t~G plLrpo,r:, 'lhO,.d~ "":!i~~Y'" '. II WITi"F...;S m!1 }I.4M ortd o"Lcta./ .eal at H."la. !. .' ...... ~.?"':.':'-., , Cou J't 01 01 Co llh I" , ClrtG ,st.4LtJ QI FkI1'l4o, ~hU I,;.,..... ';'.. . ". .....,. I', ,jay, 0/ H~r.::h d. D. 1962 . ~ ~ f ':;'Q"'j).;'.: '.:-.~. i .' ff~ . ~~~~~i:)" \1 ......,,~ ....\...:..:.~.'~.. ~(-rADtC! .',. ,. ... .,.-. "Fr'.... 'r' ::~r ~~~r. .V],' CUllUnJ.tIlCn F.~pfN" ':-: ". .::.~ . ,. .. .,..,......~t.-:.,.4.1 .,.:;~ ~:Il' ':,,;,::. ~. -' .Nor...,." rll" 10 r.:, ,. . ~fft 21 \ 311 PH ~t =,,;:.m'~~Ii::n;=.:,: n. ~':",' /. j -.-. -' :. .:. '::':3 ,.' r: '.. (l :-1l;::~ . , . -, -I': ..'" ." '. ,., rl\" . f " I~.,".I ,. l'::.~' . .~"''''''~.I'W'1! .' ." I . [;., Or. i " .. ','./: ~!.. r I ....... ."-'" ..-"::"-: , .. ~ ~(.~' l""'_~l" ':'.: I_I ,Li ::C\.i:,,:C cl.c.o.~ ',' 1.\',' r~u:lrJ4 C;:;I.....\I.II c.~U'" \l, ft....... 100011'1"''''' - - ..-.:::~~'M__J .J ." n,~;'\l.~."'i?l) I Hl.: t)~ FAX. .9H2at9325' COLLIER TITLE ...,.....~~r..~~I'~(.;; lpJ',.~......~....1'" . ,'.' . :,;...., .. ~"'t.' ,'.~ I", '. '. I . '1L' .. '.. ,,,,. . ~-="'-"'''=--n-;rtlJiT5'~'-'"''''."''.''' tal 02.J .o",. (. ;. I, . '. " r f ; :i I i. ,; ~ ' .:, ",^"t..~1 I J I ('C\.<:" T" /"'t Agend Item l' 17Af.. . "Nove ber 1 12OO4f\, age 1 'Of 44i .', . t 1{" . " . 11 I: " " 'I h i < il ;.~ ju~~1'!, " , . ( "'~11" I l74- t '; '~ s",.l ...... - \o.';,fiPf,!, 1 ~ lJll[J . ..' ~ \' j 1<(; n II. il.M'(;( r. h lJ!.bllndlltidwif e the trant"'''' " ,.:". "~ ' ' ; , ' . . .nd LuClUE LLAAGtR, len )Iol,hn 011':: ~7<~;?'!-.' ,', _ _, '," ,__' . oflil!i[(F,A':T .~ODGtS. husband ':.~t,~,. (r> ti rl' ths , rf.;', ;',: ",~" ,ami;:l ra tl:,~;"Naflle$. Fi ori de ""<\'''>'Wf~:{I'::;''' County. Florida. ,,-,' '\": .'~,;-' ::','" ',' 'd. . . . ~. .---:.it:LC'll7::9~:d:4r hIb"&: ;, ,"GUi.F tCRf::. Qf' r';.;;f'J.l"P>~".,Jll,:l.Zat t.'ooF1 ,ra;'.~ II], Df ,1 b', "'u,b Z I~C;;,1.fCC!C1'='C .;f eel!' i t yo t::-",I.'; ti'. r lc l'ida, ---- '-<--."', , " ..,.:<;.,:~W:trH,";"(-<~;;;" use're,strie:~toris'iommon to the sub~ivlsicn and that l"'.>!'~"" particuhr,mO(tgage',rei6rdedin OR Cook 218, pages 3tZ-314. ,- -. .,.' P~bl'ic Ile(:'lrds of coll'ier Cour.ty, Flodda; and subject to current ad valorem t4xr~, and ~rant~rs covenant that t.ie.--1Hopf'rty is free Of 111 otllt'r enculT.bra'lces. that lawful !.el$ln of ant.! good ri9ht to con,,(':' that ~ropcrty ;~ vested in I ~ thc' C.rclnt()r~. and th"t Gr..r.tor!; 11. r(;D\ fully wcnar.t trf' title to .1 ,ai~ lend and ,;;11 defend thr r.i!~r ar.i.l'.n'.t thf' lawful claims cd .1 i all p{'r~o"'~, whomsoever. 1 I Ii .r Ii I ~ I I: ., I \ Ii ';,ir!n~,j in Uc' rHc,t:nce of: _.~..:.._._-~--- .- G-r-a'r,tir ' " __./. {J:.~AL _..J,~~" '-"'-r--. ... -= ~"""';:--=:, _=---;;:or-.. I - Z;ranto';- .- ,.. __~ .:_~_: Sr:V \ I .. _. ~ ,- - .---"-'-'" --.-. ...-- --. .-.---- .~, i / I! n r ......-. -... -~ ..._._--_._,,-~'- r(l U; l ~"t (I f _ 0 ' \. (. " ~ I ... ::- '~,,~. I H L f: E"'" C r. f' j ~ ~' \ t I', 2 t rl n t I', i ~. ;. f' ~ (,~ r '. t; :' 1 i ( l.~ U l' (i. '... t H (J r 1 '1 :::' J i f\ t. (.t ~,t f) t 4 (.~~.' C. ~(t.\~(~ i:c1""c:...:lt.,:{:::.I.I,t'.. [It: '.:[;n(Jl:\; ,J: n;,' (:r' l ;~r:tC!'" 1.,t,11 ~ i;(:.\r> :'!-' ('.t t(1 t.c- tLe . ~ 4 C ~. v' (, f'" 'I"~' I" \; r, t '. . (' E' < 0 r, d r: ': k r ('\'" 1 (I C I I' \ , '\ It, '. ( .. t f' C ~!.,~ t. .... (~1 ..,~ r. t ~~ ) (: ~~ d - "1 (' c -:..,ur,ty r-3rr.(~O , ", t: at; OVf ,;,,;. f' u~c Lite ci t. A, c: ,-~') ~,':t~ t 'i C t I ! , " L !: ',~: U II \- n "'\ C I ..iC~I.~ Jr~(. :; E C: c11 t: ~ i : I 1 ~ .(, ,._... 'd d j :.~ f; 7 ~ ',' ',<. " ~.. ~" (E 1,.i 1 ) .."Hlel T ~ .' ., ; :: . ~ : !': t_ .. .. ... .. ,. r - ., ; .1;,J , . . .. ... ur ')1'1 . .1....) .,~~.. ,~..tv:>'" Agen€/;a:-lt~~ No.1 A Noverob~/16, 20 '* ~ge 18 of 4 121177 lULL ()f .~A.L:t, '.I\:e;$OI..'Olfl t; NOW I<l ~ 1.'cN fiy flll 5E f'l(L~l J"'T~, 1hat LEONA. E. ALLENDORf, cs b.c:"trix of Ih~ C'ute.1 ~lfNct~ II. ALU:NOO'~, Decca,ed, orld pc>rsonclll' as on lIn"''''''l'fi~d widow, "I r[,,, C, ~( d N"I'\"" i" ,I." C"'./Illy of Collie, and the !llahr of Florlde, porty of Ih_ fi~' porI, lor and in con,.j~"I",tio" of the wm 01 TEN (SlO.OO) DOLlARS, lowful monI'l' or the Uniled 5101CI, to lI"r I aid I,y TliL &ANK OF NAP1.fS, Nople~, Florida, os .""le', under 0 <:.enoi" land to_.:,,~ ~,"c,,1 dOl"d }larch:) , 1966 and recorded In Orndol R"cord B:>ok ~L, Poge~. Collier Co 'y, Florida, Rceorch, party of the second port I rhe receipl whereof is hereby acknowle-dged, hc. ~;o"ted, borge:N'd, IoOld, lransfctrCcl and .fcl:v,'rcd, and by these I "sCI.ls does grc:nl, bargain, sell, transfer end callver unto ft.e Y.Iid p:lrty of the ~cond pert, illSUC:C:cuors end C1ulgns, Ihe following goods orKl chattels, All noles, mortgogel, a9rcelllCn~ for deed, allllounr. receivable, cvid""ce~ of indebtedness, ciha bnyClhal:tfl'tllh"tP~cif.yal\i/ll4,tiiH in pn'p<!tly, nothe",tarore comttyed 10 THEe.A.NKOFN.-,t!Sf, Nuplc6, HCI'idc, al tl'\Jlfca aforesaid, which In Or'tf way pl!r/<Iln to 11Il! Gulf Subdlvisianproprrty . AC1'I1S Te.:) HA'.'E At'. r) 10 110LO the some ""to Ihe ...id porI')' of Ih~ lecand porI, its ..UC.Cl.'~'~O~ OJl.J a~:.i~ns f Ofevet. It~ Wln:ES~ . '/HEREOF ,sold porty of Ihe fjr>1 por" hel hereunto sel he" hand C1nd 'Jci :I.i~ _~ doy of JunQ , Ol'Iethoulcmd 111M hl.tndr~Cl otld .i..iy.si.... s:~,..~'Jt :,.."f\:d n....d dl,'I iver<>d in prcscnc.e of: _~.G,.._a~_1:.jd~. L.S. L'1.o;n: !:.. All "",.)C,rf , 0 !:..nutriA 01 t Ltcl" of Sr"""c"r B. Alillldorf, f'lc;:<:o" I end p'cn.~ncllt c', ~~n unrt',norricd "ido . \ \.D ~\. ~ . ~..~--~... .-'--....--. -~_. \_~ '--:- )~~/~~ ~~- ~ :/d( OF fLOR:OA C()'.:~JTY OF C-e~LlI[R_ _ --= --..c:_"'-::'-=___ I H['~( ~I,y :::LR"Ir-Y~ thel on -tlJ,"ooy p"r>~nclll' cPi"-ord lcfore m", a" dfia' duly c.: ..ri",.J to" i,,,;,,j,,,,, ""tn. end take otk"owled'J'~.n"" Li:ONA [. I<LV t.jDORF, oS r... ,,',j,. of t;,., ["c:I" ,r ~f'!:NCER n. ALLENDORF, Dcc""'';, "".J ,....,..,,,oil{ <:. on ":.1' ,'-:':H:"~ v. :l.k...... ~o rue ,-d,di known to be H.e in-i;"id'Jof -:Ja~ct;~c'J in end ......ho fJ,..t'<:Jh,'O the r ..~' ,;:-;Ir,.:; f : ()f Selt. I (' 'd ~hC' or::kno'l','Ie:cgcd before (""(' '"0::11 ~;-,(: (;,(t!,,;,ut(.c ~tll' ~Ot"~('" tl(.'c.:ly OM .' "'\~'.Jdl,... Ih'" r;'.II;.o~.n!l t~c:t,;'in exprtH~ed.. \'/ITt ~~.)) tr'i h:md on1 eff. :iol ~leQI at ~..zple>, ((1\,,1",:'/ of Colli i'I,. ..'n, ti,;, ;,,:1 dOl ",f Jun" , A, D.tS'66. .. r,,~ Sf!':!!:! of "- .>~\,j.?:::: :::'"~,~" ~~: ~ to...t~,!crr rut.IlC .._J .-...,~.) (:> \....~ ~ ....,1:::" -;""lU.-.-:-:::.:<1.. !' C')rn~;'.:...-:l ('Pl! . ~ to '..) ::', ,'.. ~ I" "" . '4 _. . " I ~ t .'~ I ~ MI."'.,' ,-II'}. " ~I,~ I'" ~~,J 0;;.'. _ ,,' .' ,'" ,_....<"t _~N'elr 1 .. . '~I' fcC 3211JrE 2n , ~ ,;:" ,.\0;.: 'f .. .:~:,,>~~:',< , ., , , . ,. . . ...~ ., "".' ~...," "1 ~'IIeb " , ;\ , . ~,' NOlt T~' i.z. r:=as'hrdba 8' t.ht, aboTe &124 or the ~,~ or teD Dol~a.ra t.o it ~d. the ror:rl,t Dr 1tId~ i. Ilenbr a.kA o\tlt'd sed . tile oaid '1'lU: RlJ"'; OF' It"PLES. Xapl.II, n.or.1c1... .. 'It'll&ho _toru01d. (!~IS kr:reb,. sn=t an4 r:Cll:lTII;)' t.o tho G<::l!JU,.L PtnlUC,tllo r1pl t.o 1llI' all a flll'blle r1t;t1t-cr.....', tor tl:le P\IZ'JlO~' or lllsreC:D &1\11 OSTII" aDd tn the se~or-l unll or Lh. publir:, lb., roUow1:J.6-cellel'.1bd "'1Ll"!.. th, wut jUt7 teot or Loto 75 Il.Illl ?~ oC ""r'lu lopTonll\..at COClJ4ll1'a 14ttl, r~lS, Slor Pll\t 1ll Plt.t Boolt 2, I..S' 2., cr tho PloIbll0 lleeor-U-or Collier C.. \111 t.]' , nanda: c:r..:.d projICrt.7 betA, tbat clr1&l..ll: r1rt:-root.-1I'14e strip or ) '.Il4 lyin<< 1=.- d1ahl,. "an ot aDd C:OIltlCVO\ll1 h 1310Cr.ll A """ :a ad Ohio I>ri..e, .. 1.\:" 0ll.211 arl 1l~,oW'U Oll the Pl~ L oC C\I.ll' Aer...., re- eClnl"cl :l.a Plat BODle 1, 1'050 1J.1, 1'"bUe Ilc...ru or CoU.1..r COUlltl, non-u. 'to I!.I.vt AltO 'to IIOUl to the GEl'.1JUJ.. POIU.IC. ILD III public r~l;ht-or-.IlJ'. r"r lh. PI.Irp06W or 1D&ro,. ILlld "nllo W the cor..ral \lr~1 o! tbe PIJ1UJC. III ilITKI:S.S VIlIJUXlFt tG~ "'1(\ nu; IWIli C.F NWI.I:S, r;,,;:1cfi, norida. ILG ::-uatn .r....CIUa., bIoA bc,..l:Ilto let ltc: he.n41 w.1l 1.~...J. tl'.h Utb d.e,. DC ...,......a.t 1;.6,. WitD~coell to tbe s1~lur. of E. L. Braekeb, T~ _orua!: !or "b.e 5e:U . or lfar\n ,.If_pJ.u, ~~~ =_=- floridA, Il4 'I'NlI\": . - - - \~.;(0~-r' \: ,,. \ .\,., L. ~1 'T&: Il,.l.;;r. or IIAFU:::, /'I. phI , Flo..H_ aJ; Tr""taa () r t' ~ . \ . Yl ""') \. . __I .')/.-!,.\,.~........ t. I.. I:;",,',,=>. ":rWot ~U1: t.I.' \', :'11r"l :. ~ 1~~1 ". t" . '.. ','\1 L. . ~ll~,r~;;H:'~~ c.t.~""..."" \ .... IJ; -. ~,." tJlT .. '~~~~,r,~'n~~,'_ r~1 ~~'tO ~J~'~~ Agenda Item No. 17 A November 1~ 2604 , Page 1 9 of 44 .....:.. I~. ~;:: .:it: '.r ,',. &.lie! ~~I' I n~~~IU~ ~~ l~:O~ ~~~~ C~ ~nN ..~ e -------- .... I f-.j POi Agenda Iteml~.HAi November 16~'2004 Page 20 of 44 . O. 132 B ~ 9 2 t:a.lERtWNTY ,... ..-8 .1:11 .. .:,\ - \'" -' '?J..... D lJBII CDCUI!! COllJH or ~ \lWlftSSft .nJDXCLU. ClltC'Ult III .IJID .... ~~'I''' COUIftr, I'LGRlDA. CIVSJ. AClrX.. DefeD4aDt.a. ) ) ) ) ) ) ) ) ) ) ) ) 0<:::) :::0<:::) a:J.... o ~::: WILLIM ftlLLtPS ..us .... PBu.Lxn, Pla1atlffa, Y. ca.. 10. 87-310t~-Ol DE BSD.U or sppcn 8. a1'.1'.JIeWDOlt;F, .t. .1., Q:t "'C 2.: ..... --'>' ~ -c - C"') ." ,;:;5 . - , - 1.:.- -. Q ....; " ....... ~= - ~ Q ... ..0 G') 0) ....., "' -- h4....t en -, :\ ,,; S'hi. BOtlo. Il.Y1D9 cc.e oa upoIl ~. Hot.loA for Fbal of P1a1atUfa, _4 tbe Defea.duu b.av1aV"fau1ta4 1D t.b.la oaus., PI1IIiL .JIJlllf'WBlIj! ~--- it i. Ilonby onU'e4 ... di.,ed u. to11oviDV1 I.. tft.a~ .1Aia~i~t.* w:tLLl&lit pII'I''t.J.Tn' aD4 aD nU.LU8' rJ.gbt:. to tile real pro>>ert.! il..c:dbe4 ~. at.t.ac1ae4 BJdalblt -,... &J:e .ape~101:' to Uat o~ DefeJldu.ta, f,fBB UBn Ol' II'DCBIl .. atrWfll'eDRl', ~ 8. "1'.'I'''~''1 DOUQI.IlS CLa.Y, DAItL'I1I B.. CIA!', IIOMaIlD c. oaoe_ID&a, .u.J:C8 GItOS_BlnDD, GBOItGZ au.L, ~ BaLL, DaVID a.oIft'l, IIIUS. atJft JttA)D!S, Q. W. LaDUE, lOLl. G. La'DUB, GIIORCR MRCB, UlOID. Mr*CH, BSD!S or It.. J.. DCURIIUI, p.avr., J. ~.., BUIIICE H.. 1'Ok1SK, IE..... _:t~-J~.J.. SlUU, ... 1IU.IUtBL1t, - - --- --::;=;.-~--;::::-~., ::'-.IDa SUJtULL, :r..anaCS IS.. SlDm.IR, BLIuae:B C. DDDLD., ItVDY IIC*.-.a.o. aBa.ftXCB ~. 8 ..C.. ~, JaIlS 'rU'LliB'f, a. A. 1f'".ltoa'.. 208-. WT1-6Ot', C&JtL ....~II'Iq.. &VaL'" ~, JBaQMB J. BaD.. aun.a c. 1IABIt.. ea.su.aa. KOBQBL, 'II. a.. ~-, _""" 1:;0 \0 l\-\\ w@~~ ~OUU@@@ &W@D~@~~@ ----IbNJI5I'r ., .~.J. Description: Collier,FL Document-BookPage 1482.1676 Page: 1 of 3 Order: 200305831 Comment: . . fa Agenda Item No. 17 A November 16, 2004 Page 21 of 44 - th .pK'6-i-J:'ty ~ La ~"e .~tac1M4 IzIIlbi~ -..- 1. ..~ qalet:ed 1a ~..or of Plaiat.iff., wn.t.t&II PIIU.iLn1I aU. :uar PmLLI.. . a. Bat u. P1.aiD~lff., lIXLJ.UK nxu.xps ud .... PlItLLXPS, are d~ to be the OW1lera 111 f_ .tapl. of f:be propeR}' ".sed.beet 1.D bJaJblt "A- aa4 tIlat all c:lau., rlgbt., tlt:.1e., lAt.l:'eat., or equities of ..ch of the DefQdaDt:. &Ad. all peraou clalld.Jag, by, through, wacSel: or agaia..t t:.hea or &D1" of th_ shee t:IM fU~ ~ t:Jd.. actioa. ill this .-a.it be ~oreftr cance1.l.cl aDd. tb.. c:leccw. to be Dull ..d .01.4; 0':::> ::oC) a;, o <::) :;:II: .... co roo.) 3. (:) c::::l ~at. b~ t.b.at. ~e decree u'. DeI.DelaAt.. ud .ach of 'thee i2 C'J "' aDcI aJ.l penema clailllag b}', t:h1:'01l9h, UDa.U:- O&" agaiD.t. tb_ or aIlr or ~ be ..rpe~aal1~ raata:al.... IIIlcl IUl.joiJuHI fJ:Ca h.rea.t:ter _..rt:.lag bJ 4..4 o&" ot:JaezvJ.a. their cla1as, laten.ta, ~191ata or ......cIa as_hat: t.he property, c1..od.be4 .us IS1ddJalt. -a- 01:' f~ ill .., .aF J.aterfar1A9 .1~ P1aiD.t.lff.' po.se.sloat, aa. or 41.po..l o~ .1Icb propel:1:y; 4. 'rhat. t:Jd.a COaJ:t:. nt-aha. jQrJ.a41cd.on ~or tile ~.-I....t.loa of E'e&SODabl. a~t:orae,., fee. and ooats upoIllaOtloD eft ...... ....... ~ ~. Pla.J.at.J.~f'.. DOIIB~.... I.a ~1.'" ~-:r. P10ri4a - l:IIia" 1Ia:r of . . _ _.' . 1t~ ~ . ~ ~3a. I,/,/n f'A____' CCI, R1fJtS ar ~ .lKJ/".tl.3 -2- E.~Hl.lMT 9- ~ Description: COllier,FL Document-Book. Page 1482.1676 Page: 2 of 3 Order: 200305831 Comment: {' - Agenda Item No. 17 A November 16, 2004 Page 22 of 44 . ..un -.- ~~ ca o o ~ 41'" (>> ~ '.....nll?S. , 'Nt of t:h. .Nt:. SO f.ttftof kft.a '75 .... 16 of ..pla.. ~t:. ~ftl... L1.t1:1a P......, per plat: 1.. Plat Book 2 # ..ge 2, Pa.bUc: "corda of ColLier Co..._" Florida, ...i4 p:opert:r lM1A9 tJae 1Iort.b 75.5 f..t. of . .trlp of 1..4 betw..n the .e.t cor~r liD. lIIlet . cel:'taJ.o ~t.:nactloA ..t:. 1.I.ae aboIra _ t.M plat: of ..If acres, . ceJ;:1:aJ.a. aubdlYldoD ,.corel.a at. P~.t:. Book 1, Page 11~, hbU.c aec:orct. of Collier CoWl_!", rlo~l4a. c::::J Co::) ~ G') CJ7 1"'11 ..... Q) ~~--- ~~~::----;:r-., ....~-M ~~~ ~.(,.~ .1'fC/4pl0250 e~q ~ _ ___ _._._._ _..._.......,.,......~:.;..~-=...:--~::'.::=:':':~.:'":':':~.~.~.:-.-==...: . ...;-::;:;---=-.:.~~"'".~.~,iW,.-:~~~D;;p Description: Collier,FL Document-Book.Page 1482.1676 Page: 3 of 3 Order: 200305831 Comment: . .",:,-~.:..~:.'I, .~.._". ~. .,-..._-=--;;;..:......:;.:.~;:.,.::;r~~-~:-~~~~"7'""":."l\.;.;..... 0,'t0183 colIS eouMn' . lEI 11 AI "I is lJ , 4 7 5 .RftOlUJED OR BOOK 001962 PAGE '-'l"""".. ... ......1U AfC~.. ._r'~~JdlI".. _ .....M . - 1'IfJI" (10') ",~.""'.aY w..... ~ CS = 4, IDXS", ,... ooc- ...tJt"~M ,..~...JJllUr...~.... U1tJt INT _ .'DllJIBIC~ at (J"II'nwD aarzr, IUBI1L IND_ 1iBISIIA8, i"1?"a.,(t to ~ 8(-' ,,~, 1.77.101, JIbIll, JiIIU,m, DciJ!18 · ~th _ ~ f'al' QIaS, ~.,14_ m1 AlII~, ~ ~ ~ tIla ~.... ~ a pect1c:In at b t1:ftV ~ (150') ~ -r - .....It, 1l::lCIIta:1 00 · ~ or t:!Ia plat of QlU' JIl::I:88 . ).~ m P.I.at: Bcclk 1, J-.a U1, c::rf tb8 ~ 1iIICX:II:da at 0::l11.ier o::mnt:::y, ftor;lda, mS IIII!IIM, tM 1DmlJm8 tb18 _ blt1d. a pMic blllllZ:'JDlr 1>> ~..... vacat::1r4 a pstkla at R1d plat _ 1llX'e fUUy ~J-' b81ar, aid l1CIt:ke c::rf .u4 pmlJ.a bo--I"'9 to ..... .. gtMI 88 ~ by ., CI4 1IISBI8, tha ~Yl!J at 'tba woat:1cn w1l1 nat llMII:IIe1y aB8c:lt tba ;.... ....tp CII:' 1dIjIbt c::rf ~ ~ of ~ ~~t:J CMaW. 'D, ~, 1B 1!f ~ Dr mB BUD rR aomr t.Y.t.-......- CJl (Y'lt{:rJI!i aua, m:RIIA, tbst tba 1>>".....t"'9 patt:ia1 or aa14 plat I:Ia cd .1a ~ ~ !D>>..... ftftri ~ (!50') or tba >>::ctb ..4.I.tntr nv. cd.CI:l8 taU tilt (75.5') aE ~ 75 of tIla:plat: tIIIaat, ~.. - . ~p~ 0:JIPl'W Ut:t1e.--. ~1<Jt4 In ~ IlDck 2, 1liIgIl I, mS e1*) tIilmiI ~ .,...WIIt IU!tI' ~ .(10') CI/!..fa", _... ae.tbajAllt..tt.-r a1:f ~. .$'...o'III! m. PJat Bcdt 1, ~ 111, crt tba ~ ~ ot QIl.lW a:.mtr, 7,l.OIdda. . 'J!l' JOIl'.DIIll_IJN, ~ the CI.edt 1& bu.~ to ~ this Jl1r'C',............ ill tha ~ ..-...,. of Q:I1.lJsr o:amtv, erd to -- tba ~~CII!~~~-.14.~ . ... 'DDs ___'~ca atcptalS aftc: ~, -=xu! 8nIS ~ wte ~ ~ uasDI October 10. 1989 .~. -~-mi~' azmr: . .","- .' ~. \J . ". ,~ ~~ 8 ? ~ iiP~.tal:m anS legll1 J ",' ~:r:"...... ;' ~. i C" '.: ':..... .. Ii ~~~~~~.~~ ~ a:dlJa" ~ ~. I a ! - ~~--- JI:II8) aI crJJIJS- <- - J -'1-4~ _ cmuJR CJ:SJIN, ~:c-:-~ _;-~ @"~@ GIRIU j].)r,I2!89 -,;, ;". ..~~J ~.o::: 1.',""116 c.,',.. :,'. .,''''''.....". ,,- .'1.., ,f)' m: 'f n ...~IOA .'/,'." c C,'.I.~ C:l~'1~ I.~NI_,r 10 Description: Col/ier,FL Oocument-BookPage 1475.1962 Page' 1 f 1 Order: 200305831 Comment: . 0 genda Item No. 17A Novernber16,2004 Page 23 of 44 . ... - - ---,.- I "po ,I . ._ .1..",.. . ;', . ..................--, . - ' 8 'IU' I........" ..Ii.. Ull. D9*' <la, ...C lI...:4IlIiwr, ",.::.. urr~ .:::.-.-' eARL O. JIODClU 1.,15 '1'IIIIM " IIOOOIB. lIQablnd. 1M WIU vila.. add"," hI :U... cnollllou" 1AIl', IIlpl.., 1101'141, H'U h.relnlf"t' ul114 t!le Grlntor, t.o 1~!l3. ~t...ten DAJllIoL I. COlll.lY, AI '.I'R1Ift'I1 01 'l'K1 !ARt. NIP TULlIA IlOIlIlU C'IIAIIl 'I'~'LI RJCIIA1111)J:1t UJl1'1'1W1'l' DA'I'KO tllt_a...J.l,.... 1"', 111 t.h rull "'1' Ind IlIthodtf .1ttl.r to prot.et., eon..rv. Ind tn ..11, or co l..... or to .ncUJlbl.I'. or C1tJ1erVl... to ..nI91 Ind. dh'PCI'. af t.tI. rail pro'Pft'ty hueln d..cn:iMd, whol. l.dr.l. 11l Zl. Mentor Drl.ve, ",pl.a, ,lorldl 2194a "aruinett.r .al1a1S tha Gran"11 (Vb."..,. ulld lIftaln, till t.u.. Or.ROt .n4 arent.ee lIhall lnclll,a elnt}\llU anI! plural, hdl1t, \1I911 rapnselltIlU",,/ an4 1..I.,n. of lllll1vlc11lah, aNI UllI IUOO"'ore .114 ae.J9nIJ af oorparaUolll, "tier_VeT thl ClI'/ltllrt. 8e .etllU or raqu1.t'I'.) .1......'.1 'l'IIat add Grantor, for Ind in condo,rltlon of tl11 1111 of uO. DO aml ot.l1lr qool1 11Id VllUllb1. aonal.4lrllUonl tll ..14 Grantor tll hind pllld by laid Grant.., the rlol1.1: whtlreot 1. ...r.b)' ..alcncwl-.lqed, lul' "ranted, ba!'IJai_. .I'd 8,,1d to the alld orlllt.., t.he follllWlnq Yo .cdW land .1tult:l. lyll\lJ al'lt!l pln; in 'coUiu clNnty, "lor-iela. to Il1tl t.rrt:. 1 Ind If and t.he North 1& r_t. lit LOU a and " .lock A, Gulf "'crtU '\lb:l1vll1o", reJ' plat. t.httr:aof J'laord.ecl in 'lit took i 0 \D 1, Plq. 111, of the PIlbl 0 JlellDrdI of ColUer county, '10r1dl, 0 Cl l/k'l !520 North T..La.L Trall. "apl.., ,lorida in Ci aJ '" 5 W Mil 0 C Cl 0 0::: :::-: 0 0 .'9~nnLIIlJ at tlul er..n.nt retu.nce lIC1nl.l..nt an tb, ~d lint' n Co) u W of .In" "rbara IIllvan' end tbl 1I.1t Una at Block nl, I' ~ a::: .hown on thl Pllt. at aol~ln Glte Unit. 6 ... recardld in 'lat. .~ aoak 5, ,.,. 125 of the Public ~ecDrd. or collier county, Florida; till no. alan9 thl a:.,t. 11n. of 81111'1:.a slrbaon elNlIl'Vud NOD14'4'". 11.11 t..t.; th.na. 31.S2 (..t. along the .re ot · oircl1lu OIIrv. concav. to thl south..t rIIUU. liS t..t, chord beari", '4401"S2~1 34.19 f.~ t.o t.h. lOUt.h llne of 21th court B. II.: t.h.ne. Ilon9 t.ldI 10IIttI Un. at 27th Co\lrt S .w. C! 1f1l8024'Il.-r; 175.98 feet: th,nce IlOClU'll"W 150.0' flDtr th..,ce )- sse!)~ 4 '1106'11 2 00.1:1 flot. t.o thl fout Un.. or S.nt.a ll~rlllrll )l C I- Boulavard) thlngl alon; the tAat I1ne of ..nt. ~.rb.r6 C) ..!1' :: bOlllevan' "o~aZ'3B.E 114.76 C.et to the Pl.c, of aeqinnlnq. In .., I"'" ~ 111 r c balll; part of .Iid Block 221, 001 den aata unlt 6, .J~/. 11'1 .::I' u D\ . I"'" l:5 Santi Slrbar. BOUlevard, Naples, Florida. ,... ~ SUIJ~~ TO ra.trlctlon. and ......nt. conmon to the 1ub41vlatcn. Ct IlIftln9 In4 wildl", 00:11, an" 0",",1' uee restriction. J.e,poaad bY' qOVllrnlllntal lIuthodt.y I outltandlnq oil, ... IIl'lct linud lnhc..t ot rIcard, If lIlIYI 1"...1 prop..rty .ct valot.1Il UK.. for 19'" llnl1 IIUbtlequ.nt y.ar.. Property Idlntltlcatlol'l Hu.blr., 4'910160004/47"0040001 and lGHliG9t1"fl" III w !~And laid arantDI:' dOlI' hlreby rully vanant the title ta ..il!. 16nd, ImI vUl .. lIetend th. .... .;dut the l."Cul old.' of dl per.one 1I11000.Hv.r. - """ -- ~~_ :11:_, .Z....... 11111110., Grantoc hll h.nunto =-, _ -. -t.II. C\aV~lnc5 y~ar tint ."OYl "ritten, CI -, - - --,' ' u - Signed, ...1Id .nd dallv.red i t.hIl p1'1... 0 DC : ~ let orlntor" lIanll and ...1 ~.,{ -,"..J ,.j,."'r-- 1. G. !lODGES ~"t: H~~!~r " ,... "1_!.l.~_ ';.,. ., :::....ru '. A/J , ();,j;" ~ :.:. ..-. -......-..-.-.-.. .............~.. f Ii! ~ UI ",''' II genda Item No. 17 A November 16, 2004 Page 24 of 44 ~-=- -= -=-~-. l 1\ t. IMAGEO! FL-03-25582-2 12/02/2003 lC:36:34Am ,\ft.. recordlq mum tAl: Goodman &. Breen 3838 T.mi.mi Tr. N.. '300 Naples. F1. 34103 2902946 01: 2'f5 PG: 2751 IIClIINII1 orr%em UCIIH tf ClIl.WI CllIm I~ l2/11nm .1 12:1111 .tell'l. Iller, CSlII ' IllU mitt." utnJ II," ac-. 'I "II ,n --~...,. __ II. .llI.n, 11QIn" lIn'IIClIP.I Cl.mc.r ClI' 'fnUl 'E'llIll' I .I.IAM , 1IO<XI 11100 D.lCI:NU 'r$A%J. ~. UXft 201 !lULl', n.oaxllA !U02 ","oIION..., (._ at.t.ac::Md 1....11 o.-'11'IN Gr_ f1 T1loI lilt: lIGlIIIU , tWJ un tuWll ft I I no UPW 11. Jutl Special Warranty Deed Tld.IDdc.atllf't. Wtdctlri. j(;"'" dlyof Dea.-ber . ZOOl ".I). Bctwee. QJlQLDI x.. :auJCKa. . .1Ilfl. __.XDCUvU\laUy IUUl .. '"Dellar t'lN&tM OJ' t'III &u.L MI) 'fBJIL1a IOOGU CUJ\:I'lULI UN'A11ltlD aIII'l'llU1'1' DUZl) D&C1NaIa 2'. 1"3 << Iho c.....,. 01 Call!..r ,SIll< 01 narida I raaaor. oM nllllKlsa I1lHI1or n.ol'P.'Z'Ia', u.c. . rlod.da l~ted lill1lUity CIClIIIIpIAl _ _ .. noo GIIlf Shore .1V'll. N.. 1309, Napl.., rlod.s. 34102 .r fit C_ or ..... of rloricla . valet. Wlftlealtth lIl&llllo Gu.NTOIl. r..., 1D _iOlItliao .rlk_of -----------.---.--.--...fSJ ~ (.10)----------------------- ~~~~ IJlII ... p4 .... -. ___ '" CIIlA~ ;. hooI .... __ 0RA1lTU. ... ... _ II ..., ........... .... .._ ...... .... ..w '" 1M .... GaAlfn& I0Il ClIAh'l1!n .... _I0Il.... r_. ... -.. -- ..... - lJllll_.....IilfC_'..r eoiUu _ or J'lodcla II.... (CD ~ DlIDlJ:'1' ~A.I """C'1' to ____lit., AIItd.ot10M IUUl n._tion of Hoard. Top4tatf _ oil --. _... .... _- _ ....... ... .. """'.W.,,......I To Hln..d to Hokl, ... _ ill Iloc .... _. AJId III .- ....., __ _ loll( ... IIlII ..... II Iuo6IIIr _ ", uld 1ft iot r. --. all ...- ... ... """ .. 11_ .-, .. IolII ... _lIlY ... ..... IloI/. _ ...., IooIlr _ .... oiIk .. toil 1ft ... .,,11 ..... ill _ .... ... .... .... iii .. _ .... lor, ...... << - .-. -- ~c 111 WII:aIaI Wkcrw~....- .... -... _....., "" ... ..,.., .... --- ~~ad~"lUr!,..1C ..L~:;?t J~ Upatue .~. '1 . pd-at _: .lmJ/f ,Lf .);,'7'11' !If: (~,.r.Jl..t).., ,j; ,161l,;4 0 (SuI} CUOLtJf l.. uu:a.. lA&U....i4N11r &lid .. I_.o~ "nl~ rd Uo" w..~ '.0. _II.C_ _ Lul, NoJIoo,n.MI.m3 J" ,r ,-), 1/" .z,'/Ii.1Li~ ~ -', (,....;.... ...tue 'tiC-I' ,~ pd.~ _tll.ld,..ll.- '. ~i' (I" StATE 01 rJ.odda COUNTY 0' CoU.1.~ 'H- "'" ........ __ _ --... _ _.. / ,} .... or o.c..bec .2001., c.uo:Et1ll L. UJUlD. IIKU.~Y Md .. '~.aoc 'fnlIt:A of tM lIUl ancl fte1aa 10.. Cba..l'1tll1l1. a-uaclou' l1DLtn.t _ted ~c U. 1ft! . ~.. *1I_.......II'l........,....... / ....- I. (Ltc_ '/!":d : . CD _101._ ;-;:_ct~l'~'"r/ jv. ".. II!~= - 1Io~ Publ10 __"'_111< ""c-a.,.... UntOI I! ..c uliJtr='-1~'- Page 1 of 2 -:::-~~-----~.. Agenda Item No. 17A Novennber16,2004 Page 25 of 44 -I .. ~C-. ~...,... .......,... Ir-'.AGE01 rL-03-25582-2 12/02/2003 10:36:34am t** OR: 2945 PG: 2752 tU HXlIlBIT "!\" LEGAl. DESCRfPTION LoIS I and.. and !he Nonh I S 1~1 "I' Lots 2 Im17. Block A, GIllf ACR' Subdivision. pel' pllll \11':1\.'01'. 1I."\.'\wed in Plat Book I. Paae III. of !he Publie llec:ord:l uf Cllllier County, Florid.. aIkIa :1520 North TlIl'Iiami Trail. NlIpl~~. Florida. TlllclclltffiaatlO1l Numhm: 4'79,/,OO4QOOI (Lot lIt 4'19100lO003 (LOI 2)\ 47971)120001 (Lol1); 4797016OOCW{LoI8). AND BqiMilll al!he pel'llWltl11 rcli.'NIIe.: mO/llllllCll1 Olllbc East line OfSlDlI Barba Boulcwrd llIW tbe W\:lillinc of Block 221, u shown on tbe PIa' oCOolclctl (iuIe iJni16. u recorded in Pill Book S. pqe 12', of1be Public Itcwnh ofCullicr CO\lllly. Floriu; lbeIIculoDi rile East line Dr Sanll Barban Boulevard N 0"14'49" E 11.11 feet lhence )1.52 fWllliOllillhe lIR: oh eirculan:ul'YC conu..c co the Soulbcut IlIdIIlK 25 Ii:.:t. chonl bearinl N 44 '19'52' E 34.79 feel 10 Ihc SouIb lint.! Ill' 27c. ('oUlt. S. W.; thence aIona Ihc Sollth lint of27111 Court S.W. N U '24'S6' E 175.91 feel; Ibalcc S 0'22'31. W 150.00 filet: th~N:': S 11'24'56. W 200.12 feet 101M Eul line of San.. BlI'bIn Bo~h:vlll'4; ,hence aIonlthe Eulline of SaIllll Ba/'barr. Boulevard N 011'JR' f. 114.76 feet III the ~ of Bepllllins. laInll pIr\ of sw Uluck 221. Colden O. Unit 6. a.1cIl 2771. SUlta Barbara BoulevanJ. NllplCll. ~'lorIda. Tu.ld"CUlutloll NUlIIbt'l'll: 3632669000l(ONLY) ~~- 0-,",11,",-, _..... _........ If!~''''alr IZ Page 2 of 2 Agenda Item No. 17A November 16, 2004 Page 26 of 44 ~~~~-- --~. Agenda Item No. 17 A November 16, 2004 Page 27 of 44 SKETCH OF UNPLATTED PARCEL i ,i Q i ~ j!! (I)~ ~i ~~ i.!. ~~ ! l nc,*~~ - I ~ ... I 1= :l 50.00' "- it ~\ll f~ 50.00' OHIO /JRIYE - (111 RlQ/T-U'-WlotJ - ~ t ~ 8 2! f1I(jHT -Of-1t'A y IN --::::-- I 100' w E LOT 1 BLOCK A ------------- LOTR BLOCK A ~ ~ , ..... ~ 13'(5 --------------~~ ~I ~.... ~ LOT 3 BLOCK A - ~ - -- - - - - ---- -.- ~ - - --- -::----...=-~-----~.. LOTti BLOCK A NK1H POINT SlISI1MSIION PlAT /lOOK I PIfflE 64 DA TE: : MA Y 06,2004 ~~ & ~~, J'TlIC-. y~ &: :lanul !P~ ~ (OT2 6tJ.. .J._ K..JJ.. 5. '(J~ K... a !Uq{ K"f"- ,t-cJa. . UfOt (tUI) 1M - 5965 Parcel Age~~~Jnp~17A November 16, 2004 Pa e 28 of 44 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2003 Tax Roll Inquiry System OWNER INFORMATION Name:llTENNESSEE FML Y PROPERTIES LLC Address:1l11oo GULF SHORE BLVD N APT 309 Address:lI Address: II Address: II Address:IlNAPLES, FL 34102-5365 VALUE/EXEMPTIONS Taxble value:1I808731 Millage Code:lIo06 Homestd Ex:llo Agricltr Ex:1I0 Widow Ex:llo Blind Ex:1I0 Disabled:llo Veteran Ex:llo Wholly Ex:1I0 Civilian Ex:llo I T AX INFORMATION I County:!l3,365.85 I School 6t:1I3,209.85 I SchOOlloc:112,066.31 I City Tax:llo.OO Dependt: 1652.57 Water: 1425.80 Inde end: 1893.73 Voter Appr:llo.oo Gross Tax:1110,614.11 Appr fee: 110.00 AdvertlSing:l!o.oo PROPERTY INFORMATION Parcel: 147970040001 II Acre:llo.42 ~13520 N TAMIAMI TRl, NAPLES (MJu>> ~IGULF ACRES BLOCK A LOT 1 AND I Legal:IITHE N 15FT OF LOT 2 I Legal:1I I Legal:1I PAY TERMS Nov:1I10,189.55 Dec:1l10,295.69 Jan:1l10,401.83 Feb:1I10,507.97 Mar:1l1o,614.11 Apr:UO.oO May:1I0.00 1,'~:_."';"'J'i'I"."".'.. ~ft~~". ,.' ~ .t' \,' .. ' " : ,,:, . Last Updated: 8/3/2004 5 :OOpm ~~- -=:-. - i1ttl':/ /www.colliertax.com/RecordDetai1.asp ?F olioID=4 7970040001 PAYMENT INFO I Paid Dt :1 02106/04 I Recpt:1I15358 I Mach:llo5 I Paymt:!l10,401.83 I Mort:UO II STATUS INFO. I I Non Ad va:IIN I Installment:IIN I Deferred:IIN I Bankrupt::IIN I TDA:llo ~~~~ =--"?- 8/4/2004 Collier County Tax Collector 3301 T amiami Trail East, Naples, FL 341.12-4997 2003 Tax Roll Inquiry System AgeREm"'.17 A November 16, 2004 Page 29 of 44 r~~;J Parcel I OWNER INFORMATION I Name:IlHODGES, EARL G & THELMA T I Address:1I2140 COACH HOUSE LN I Address:1I Address:1I Address: II Address:IINAPLES. FL 34105.2713 I VALUE/EXEMPTIONS I TAX INFORMATION Taxble Value:!I930600 I County:1I3,873.06 Millage Code:I!OO6 I School St:1I3,693.55 I Homestd Ex:llo I SchOOlloc:1l2,377.68 Agricltr Ex:llo I City Tax:1l0.00 Widow Ex;lIo I Dependt:1I750.90 Blind Ex:llo I Water: 11489.96 Disabled:llo I Independ: 111,028.41 Veteran Ex:llo I Voter Appr:llo.oo Wholly Ex:1I0 I Gross Tax:1l12,213.56 C1vllian Ex:llo I Appr fee:llo.oo Advertising:I!O.OO PROPERTY INFORMATION I Acre:1I0.97 I PA Y TERMS I Nov:1I11 ,725.02 I Dec:1I11 ,847.15 I Jan:1I11 ,969.29 I Feb:1I12,091.42 I Mar:1I12,213.56 I Apr:1I0.00 I May:1I0.00 PAYMENT INFO Paid 01 :1102106104 Recpt:1I15359 Mach:1I05 paymt:1I11 ,969.29 Mort:1I0 STATUS INFO. Non Ad Va:IIN Installmentll N Deferred:IIN Bankrupt::IIN TDA:llo Last Updated: 8/3/2004 5:00pm ~~-- --::=~-~-=-~-< h.ttp://www.colIiertax.comIRecordDetail.asp?FolioID=47970080003 8/4/2004 --- ~~~~~:~ ~ ~l 2<l 111 II: ; )'oR..,r,r AI (,"i \....-, ~1"'1r,;;" I PARK SHORE UNIT 1 ,. 100 FIRST NATIONAl RINGS ~A GOND() I i .. (1:;) I._" " .11 .q.-'" ~.~ ':;~G"'DJZ: a_Df! De.. ;10..... I. Ii r.l;.:.,. ANCHOP. COURl' CON ~) ; . ft.';;, )~:;;,; " ',..l.... , ~ ,~ . - .' ";~.-"" 'I~<J,"~~:, .~ THf' NNACL.E iff; . :. _:,,4 I, ~ .~~~ . ,,' r-.owoo (1':ai "'..,_,.~I "'... ;:,1 2."., , .1......-..:.-& .~ ::. ,..'."'... ""'.; \1.5.' k \' ',.,.... / r .,"', . . ;1iIl.~'; ;':";' ~ , " i ~.. ...., r "," , :R.~: : 1..,. " ! ", . ~ ... ,",. , t / ~~:- .~;..- .~ ,-, . ~..-,-- ' ~C{'~ " vEre. , :' d.~' ;.. ._c:rtU10 ~,~". . ..... ~-:. .. ~ t. I.Jo. ti . ( .... . . . 'fils. s r--\ i,!~; m I 1I .... ~ en ::i - fVW',; .... H. ',L&tiID8lil 001' -'lJ..., ~ r", 6": 7.... a : 9 I : L u ~ ~ ~"-. ~!~) TOV\1:'..R PlAZA NAPLE81MP co UTTLE p.QUA8 J 80 ... . 5 (5'\11 ...:JI! 86 ~ ..... z ;1 ~ ; '" ; ; "'~'. l.,......~ ,,"-. t 2" \ 3 i (~) \...-' '-' l....~\ . (2) 2 1 '....... .. (-'.~ 8 (8'\ ; Iii 11 .~) 1~"./~ ... W iii OHIO DRIVE ~ ~ \U In; 21 ... :;a (11 fj ,~... .... '- ~ \. B'. 1'22\ (21') ,......' ....... e' \~.......- la.1 . \~ , 5C Il ~ ("4) r-) (6'1 ') r.... C-\ ,5 t...~ ( 6 \ ; 9 . " \~ .........- ~I ...........J... -',,'; " coe :s 6 g l2.l r- ....-'" (3') ,......;\ r......,\ (Ii) ("'i'\ (~)~: \,1 ) ( 2 j l. ! \,~) '---., ...."..."".", I'-'~ .,.-1 ......; '..- ~ . ..... .. J i E6 ~ i H i4': 1 - 2- 3. 4 fi 7 l2.1. ~ :NO (!~) ..... ..... 8 :;; j; (1.~\ '.J ('" 2 4 5,~): lID 2ft) tU lfI) , II 1111 t (521 :2 ~ ~ (~~, ~ i "'~"~~~~~N~' ....._,~.,^ PlJ\ZA II! Ie HIGH ?OINT ~ PH I ~NDO. !?t<q~1:~"~~. .---- CEN1ER ... OENNY"S ~ i CONDO Ie' i RESTAUti<<llt ..- 8 (5.3) 1~'~'{ :: (~.':.!; II! '.,J E: It ..., t2D 8CJo (5.11 \'''~' ,. ..J C:! . t- 4llI> I Il: "'''''" ~ (L1! ~ ~NT ;>. ~ ; I,AMF"lON 'I! INN . A R.~ ._~)A"N"" PHASE III n# II (3.1: c. '* -,__..t " ~ l'>Ht\SE U g CIliAl..tNA A" HIGH POk'JT CONO>.") PHII.SEt ...... DRJVE ... S l< (~3 ~ TAACr ! s FICY i\.L iii ".11 .. .. f':'LM ~ iii 11.11' ~ .t..~ ~ " III .. U..M1AMI CEI./TER . SUNITT - " J 'i .::: ", t.- ~, :'":1 lit: (IIi 1,..:1 " POfl',:T (;()fojl)Q ;'2, 1. I 21.... " ~ = i .11/ ;~' i GROUP 1 .. if B ..,."..-... Mil!" ~ I ';: ;' GROUP . ~ f 12 : ~~\"4 ~ 1'IC,.',.1 P'EDER~L 'Ss.,t..A,S~r:.'r(,;. ~ .~ ..., 12UO ; , 1~, I-, ", I.,'" - -:4r1=~ .....-c --::--:.......-_.......:-_ .... nUl ,-,,* ; 14 {4:12 " }, 1QUiO ~ ....10 ~ ,. ", I (-1HOUP 'l (4:2"t ......,1 SIll ~r; :.IlUIl ! Folio No. 50090840000 M.a Page lofT Agenda Item No. 17A November 16,2004 Page 31 of 44 I )etails Owner Name NAP RESTAURANT INe Addresses ATTN: ACCOUNTING 3701 BEE RIDGE RD City SARASOTA II Statell FL I Zlplf 34233 . 0000 Legal HIGH POINT PORT OF TR E DESC AS FOLL; COMM NW CNR CNR TR E, S 153.2FT ALG RJW TO POB, CONT S 146.8FTE 200FT, N 3 "For more than four lines of Legal Description please call the Property Appraiser's Office. Section 22 Township 49 Range 25 Acres 0.69 Strap No. 406300 E 5.34A22 406300 21 HIGH POINT IMPROVED COMMERCIAL -'e M.lllaga 13.1244 2004 Preliminary Tax Roll Values Latest Sales History Land Value (+) Improved Value $ 661,760.00 S 229,805.00 Book. Page Amount .---_.. (=) Market Value S 891,565.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value S 891,565.00 H Homestead and other Exempt Value $ 0.00 1=) Taxable Value $ 891,565.00 - OH = 'Save Our Homes. exempt value due to cap on assessment creases. - . - - ~ - - - - - - - - - ~~-- - - - - -_. .... - - - - - - ~~--?-. - - -'. ... The Information is Updated Weekly. tp://www.collierappraiser.comIRecordDetail.asp?F 0 lioID=OOOO050090840000 8/4/2004 1.d6.2 . 869 $ 0 00 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2003 Tax Roll Inquiry System PagelPfT Agenda Item No. 17 A November 16, 2004 Page 32 of 44 'arcel I OWNER INFORMATION I PROPERTY INFORMATION I I Name:IINAPLES SOUTHERN PLAZA PH I I Parcel :1163200000009 II Acre:llo.73 I I Address:IIA CONDOMINIUM I Loc:1I3400 N TAMIAMI TRL, NAPLES ~ I I Addre8s:11 ~ICB 7-55 4A122 I I Address:! I II Legal:1I I I Address: II I Legal:1I I I Address:ll, . I Legal:1I I VALUE/EXEMPTIONS I TAX INFORMATION I PA Y TERMS II PAYMENT INFO I Taxble value:l~ county:llo.oo I Nov:llo.oo I I Paid Dl :1100/00/00 I Millage Code:l~ School St:llo.oo I Dec:UO.oo I I ReCPt:llo I Homestd Ex:I~ Schoolloc:llo.oo I Jan:lIo.oo I I Mach:1I0o I Agricltr Ex:l~ I City Tax:1I0.00 I Feb:llo.oo I Paymt:l!o.OO I Widow Ex:l~ I Dependt:!I0.00 I Mar:l(o.oo I MortUO I Blind Ex:l~ I Water:llO.Oo I Apr:llo.oo I STATUS INFO. I Disabled:l~ Independ:llo.00 I May:llo.oo I I Veteran Ex:IiO I Voter Appr:1l0.00 Non Ad Va:IIN I Wholly Ex:IIO Gross Tax:1I0.00 Installment:11 N I Civilian Ex:I~ Appr tee:llo.oo Deferred:IIN Advertising:UO.OO Bankrupt::IIN TDA.llo I COMMENTS ITAXES LESS THAN $5.00 WAIVED BY THE BCC ".:'!..~~,~.~l~Q;:$~,~~b.ljf\:;1 Last Updated: 8/3/2004 5:00pm !,.,~ I,' ,. . . ~ ~~- tp:/ /www.colliertax.comlRecordDetail.asp ?F olioID=63 200000009 8/4/2004 Page'ofT Agenda Item No. 17 A Novennber16,2004 Page 33 of 44 )etails Owner Name GULFSHORE ANIMAL HOSPITAL Addresses DAVID R BALL DVM P M 3560 TAMIAMI TRL N C~ NAPLES I StateD Fl n Zlpl34103.3790 legal GULF ACRES BlK BLOT 1 OR 1545 PG 2080 Section Township Range Acres 22 49 25 0.35 Sub No. 389800 GULF ACRES -t Use Code 11 IMPROVED COMMERCIAL Map No. 4A22 Strap No. 389800 B 14A22 2004 Preliminary Tax Roll Values Latest Sales History Date Book - Page Amount $ 332,200.00 $ 127,743.00 $ 459,943.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value S 459,943.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 459,943.00 OH = .Save Our Homes. exempt value due to cap on assessment creases. ..~ The Information is Updated Weekly. tp://www.coHierappraiser.comIRecordDetail.asp?Fo Ii oID=000004 7970200003 8/4/2004 Pag.f'T Agenda Item No. 17A November 16. 2004 Page 34 of 44 )etails Folio No. Own.r Name MC KAY ET UX, GEORGE W Addr..... 3730 14TH ST N CItY NAPLES II Stat.n FL II ZIDII34103 .3812 legalll GULF ACRES BlK BLOT 2 OR 483 PG 119 Section Town.hlp II Range II Acres II Map No. 22 49 25 0.35 4A22 Sub No. 389800 GULF ACRES -t U.. Code 11 IMPROVED COMMERCIAL Strap No. 389800 B 24A22 2004 Preliminary Tax Roll Values Latest Sales History Land Valus $ 332,200.00 (+) Improv.d Value $121,743.00 (=1 Market Value S 453,943.00 (-) SOH Exempt Value $ 0.00 1=) A..essed Value S 453,943.00 (-) Homestead and other Exempt Value S 0.00 (=) Taxable Value S 453,943.00 Date I Amount Book. Page OH = "Save Our Homes" exempt value due to cap on assessment _creases. - ~---- - "- ~-_.' The Information is Updated Weekly. tp:/ /www.co11ierappraiser.com/RecordDetail.asp ?FolioID=000004 7970240005 8/4/2004 Folio No. 47970280007 Page jofT' Agenda Item No. 17A November 16, 2004 Page 35 of 44 )etails Owner Name SOUTHLAND CORP Addresses %TAX DEPT PO BOX 711 City DALLAS U Staten TX II ZlpR 75221 .0711 Legal GULF ACRES BLK BLOT 3, lESS E 140 X 75.45FT OR 1576 PG 1280 Section Township Range Acres 22 49 25 0.08 Sub No. 389800 GULF ACRES ~ Use Code 11 IMPROVED COMMERCIAL Map No. 4A22 Strep No. 389800 B 34A22 2004 Preliminary Tax Roll Values Latest Sales History land Value $ 79,960.00 (+) 1m roved Value $ 74,984.00 (=) Market Value $ 154,944.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $154,944.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 154,944.00 OH ,. .Save Our Homes' exempt value due to cap on assessment creeses, Date Book . Page Amount ~-:----- I ~ 1!IIIfIF- The Information Is Updated Weekly. tp:/ /www.coIlierappraiser.com/RecordDetaiJ.asp ?F olioID=000004 7970280007 8/4/2004 Folio No.1 4797032000e Map Page80n Agenda Item No. 17 A November 16, 2004 Page 36 of 44 )etails Owner Name CASTANO, H JAVIER=& SHERRY L Addre.... 8235 WILSHIRE LAKES BLVD CItY NAPLES H Statell Fl II Z1pH 34109 .0799 Legal GULF ACRES BlK B E 140FT X 75.45FT OF LOT 3 Section Township Range Acre. 22 49 25 0.24 Sub No. 389800 I GULF ACRES ~ Use Code 11 IMPROVED COMMERCIAL 2004 Preliminary Tax Roll Values Latest Sales History I I OH = "Save Our Homes" exempt value due to cap on sllsessmenl -- 'lreases. Land Value S 186,032.00 (+) Improved Value S 55,522.00 (=) Market Value S 241,554.00 (-) SOH Exempt Value S 0.00 (=) Assessed Value S 241,554.00 H Homestead and other Exempt Value $ 0.00 (=) Taxable Value S 241,554.00 Date Book. Page Amount 09/1998 2458 . 1394 $ 225,000.00 02/1997 22.85 . :l1ZB. S 0.00 --- ~~- - -- The Information is Updated Weekly. tp:/ /www.coIlierappraiser.comIRecordDetail.asp ?F 0 lioID=000004 7970320006 8/4/2004 Page" ofT Agenda Item No. 17 A Novennber16,2004 Page 37 of 44 )etaI1s Owner Name D & J LAND ENTERPRISES LLC Addresses 1250TAMIAMI TRL STE 110 City NAPLES 1\ StateU FL U Zlpl34102.0000 Legal GULF ACRES BLK BLOT 4 AND N 75.5FT OF W 50FT OF LOTS 75 + 76 NICLF OR 1570 PG 784 Section ~ Township II Range ~ 22 49 25 Sub No. ~ 389800 I GULF ACRES '1J Use Code SINGLE FAMILY RESIDENTIAL Acres 0.43 Map No. 4A22 Strap No. 389800 B 44A22 -t Mlllaae Area 6 2004 Preliminary Tax Roll Values Latest Sales History land Value $ 415,250.00 I (+) Improved Value $ 157,595.00 I (=) Market Value $ 572,845.00 H SOH Exempt Value $ 0.00 (=) Assessed Value $ 572,845.00 (-) Homestead and other Ellempt Value $ 0.00 (=) Taltable Value $ 572,845.00 OH = "Save Our Homes. exempt value due to cap on assessment cresses. Date II 07 I 200411 Book . Page 3604 .2971 I: Amount I $ 1,200,000.00 I ~_.~~ . - The Information is Updated Weekly. tp:/ /www.collierappraiser.com/RecordDetaiL asp?F 01ioID=000004 7970360008 8/5/2004 Agenda Itern No. 17 A November 16, 2004 Page 3$ of 44 . COl11ERcollNTyGo~ CO~DINELoPMF.Nr ANDENvlRoNMFNrAr.Sl'R\i1cm DlVIsIoN Engineering Sernces Department 28Qo N. Horseshoe Dr. · N"Pks. Florida 34104 . 23%5'1-5744 . fax 239-643-6968 """'CO.colli"'d", ~. L.b~"1..QJ June 1 0, 2004 Mr. James Siesky, Esq. Siesky, Pilon & Wood 1000 Tamiami Trail North Naples, FI. 34102 Re: Letter of No Objection Vacaton of Basement Gulf.lcres, Block A, Lots 1,2,3,4 Dear Mr. Sky: We have rewed the infolDlation submitted to us as justification ror the above referenced request for 'acation of the temporazy cODStnlction "''''''ent and have no objection to the encroachmel.>r the fOlloWing reasons: There are n<tiDage facilities within the easement area This approv'Branted with the fOllowing stiPulations: I. All othe'lDent bolders lDust be notified and written CODCIDTence lDust be obtained frolD them fOTacation If you shoul, any questions, please feel free to COnfact us at 659-5757. Sincerely, jeJ John R. Hoot Senior Engir ~ ~~- ~~- ~ - Cc: Rick at. County Land Surveyor [ ) ~{ <? l~'f e ~ .~ c <> .. ----- ~ Of t Y - - ----- ~ -.'----,.,.------... ." - ~'"'----~ ----------..- p..genoa Item No. H P\ NO'Jernoer ~ 0, 2004 . page 39 o~ M d COLLlER COUNTY GOVERNMENT . ." ---- ---- ------------.---- ----- -- --- \ \ March 24, 2004 '2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (94.1) 774-8494 FAX (941) 659-5787 tr a nsportat\on@colliel.gov.net ~ 'fR N POR'fA'fl0N E V -E, n V 1 '1' RAN SP OR'f!' '1'10 N OPERA'f10NS DEP!'R'fMEN'f Mr. James H. SieskY Siesky pilon & Wood, Attomeys at LaW 1000 Tarniarni Trail North Naples, FL 34102 !te' Vacation of a constJ'UCtion Easement US 41 Nortn, Hodges Funeral Home Dear Mr. Slesky: Thank YOU for stopping in and meeting with me on Fehruary 23, 2()()4. Duringr meeting we discussed the old construction easement fronting the subject prop" After reviewing the plst and some of the recorded instfUIlle1\ts you provided, it is alent to me that this old eaSement was probablY not intended as a permanent easemmhave also requested revieW by our other departments and except for a concern abe'e potential for a future pathway or greenway along this frontage; there were "eetions to your request. Based on the foregoing set oHacts, this Division offers nO objection to thJion of ihat easement.; however, be advised that dnring the Site Development PlaP) review of any future construction, we may require added setback' to offset any pY or greenway needs. pleaSe advise if lhcre are any question~ or if YOU seek any,additiO!lal infn. .' - ~ / .' ----- Yery)1'\llY yours,. ( .'.\ ) ----// -,~,,-' ' - / . //) . v"'"c-7ij' ~/~~ I '.f ,.1t!! ( //ftlj J / ,l/ / ' 1;//,( . :..,j...#"':::"!.- ' Edward 1. ~a P .E. . ~ Transport i . . n Operations Director cc: Norman E. veder, AlCP, Transportation Administrator Gregg Strakaluse, P .E., TEeM Dirtector Donald Scott, AlcP, Transportation Planning DireetoT Diane Flagg, TO & A TM Director John Vliet, Interim Road Maintenance Director File: Yacations (US 41 North) P l7 ("" 'C'T" ". ,~D I ' ! MAR 2 6 2004 I IBY' . ,. --.-~~.~~~ -. ..-::---- ~ - SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW Agenda Item No. 17A November 16, 2004 Page 40 of 44 JAMES A. PILON, P.A. Board Certified Real Estate Attorney SIESKY II: WOOD, P.A. JAMES H. SIESKY DOUGLAS A. WOOD PATRICIA J. POTIER SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TR.AIL NORTH NAPLlllS, FLORIDA 34102-5481 June 3, 2004 ~ Collier County Planning & Zoning 2800 North Horseshoe Drive Naples, FL 34104 RE: HodgesfT ennessee Family Properties, LLC - Petition for Extinguishment ofPublic Dedicated Easements Dear Sir or Madam: Attached is a copy of the Petition submitted to Planning Services Department for Collier County. As a prerequisite to obtaining the extinguishment of the easement. consent, or "no objection" to such vacation by utility services of the area is required by the Department. After you have reviewed the enclosed Petition with its attachments, please sign the "no objection" portion at the bottom and return this letter to me. A self-addressed stamped envelope is included for your convenience. If you wish to discuss any of the details, please do not hesitate to contact me. truly yours, - (~~-f) ~YA es H. Siesky I have no objection to the proposed vacation. TELEPHONE: 239-263-82.82 PACSIMILB: 239-263-7611 Agenda Item No. 17 A November 16, 2004 Page 41 of 44 e I=PL 4105 15th Avenue S.W. Naples, FL. 34116 FAX 353-6082 0- 0 ^-..lQ] June 17.2004 Mr. James H. Siesky Siesky Pilon & Wood 1000 N. Tamiami Trail Suite 201 Naples, Fl., 34102 Re: Lots I, 2, 3 and 4, Block A, Gulf Acres Dear Mr. Siesky. Florida Power & Light Company has reviewed the petition and legal description as described on the attached Legal Description of Parcel ,md has no o~iection to the vacation the easement described as '1hat strip of land heing jij(V (50 'j hy three hundred and two (30] ') lying West ofLOfS 7.2,3 and 4, Block.4, Gulf Acres; East of the road right f.?f way FJr Tamiami Ihlil (U.S. 41); ,)'oUlh of a IT'ester~v e.xten.'i'joll of the Northerly line o.(Lot 1, Block A, Ciu?f Acres, to the road right (?f way for Tamiami hail (U.s. 41): and North ofa lresrer~v extension of the Souther~v line of Lot 4, Block 11, Gu(f Acres, to the road right of....Fay.for Tamiami Trail (U.s. 41): according to the plat/or Ciu?f Acres recorded in Plat Book 1. Page 111, Public Records of Collier County. Florida. ,. If you have any questions. please contact me at 941-353-6047 or 4105 Sw 15 Avenue, Naples Florida 34116 - . Sincerelv.- i~~u~-- Construction Designer ~~- cc:file an FPL Group Company SIESKY, PILON &; WOOD a partnenhip of professional associations . ATIORNEYS AT LAW Agenda Item No. 17A November 16, 2004 Page 42 of 44 JAMES A. PILON, P.A. Board Certified Real Estate Attorney SIBSKY &c WOOD, P.A. JAMES H. SIESKY DOUGLAS A. WOOD PATRlOA J. POTIER SUITE 201, THE FAIRWAY BUILDING 1000 TAMlAMI TRAIL NOKrH NAPLES, FLORIDA 34102.5481 June 3, 2004 [bO^-lQ1 Sprint Telephone P. O. Box 7086 London, KY 40742 RECEIVED JUN 1 8 OPS TEAM RE: HodgesITennessee Family Properties, LLC - Petition for Extinguishment of Public Dedicated Easements Dear Sir or Madam: Attached is a copy of the Petition submitted to Planning Services Department for Collier County. As a prerequisite to obtaining the extinguishment of the easement, consent, or "no objection" to such vacation by utility services of the area is required by the Department. After you have reviewed the enclosed Petition with its attachments, please sign the "no objection" portion at the bottom and return this letter to me. A self-addressed stamped envelope is included for your convenience. If you wish to discuss any of the details, please do not hesitate to contact me. --~. ~~-- I have no objection to the proposed vacation. /~"",........._", ~y:"" ""?~__,,,,,,-"""""'r~;~j< >;/'~":- , ,...._'~ Print ~qme: ,;t(~ F if {(;" ( ~. "".~....,-~.-k. '.../: Title:J /(:. ('{ $' .;;/> At! '" <;.. J ~f . FA.CSJM11.E: 2,39.263-7611 TELEPHONE: 239-263-8282 @omcast Agenda Item No. 17 A November 16, 2004 Page 43 of 44 P.O. Box 413018 Naples, Fl.. 34101 Telephone: 239-732-3819 I'-ON-oj / tt1F Z June 11, 2004 James H. Siesky Siesky, Pilon & Wood, Attorneys At Law 1000 Tarniami Trail North ~~ples, f!gricla 34102-5481 RE: HodgeslTennessee Family Properties, LLC - Petition for Extinguishments of Public Dedicated Easements Dear Mr. Siesky, Comeast has two existing overhead coaxial cables in the above-mentioned easement. One cable crosses Ohio Dr. and terminates at the power pole in the southeast comer of lot 1. Corneast has NO OBJECTION to the removal of this cable. It is not in use and will be removed at no cost to the property owner. The second coaxial cable crosses 10''1 St. N. at the southeast corner of lot 5 and continues along the southern border of lot 5 to the power pole at the southwest corner of lot 5. Comcast has an existing customer being serviced off of this cable. If the perimeter easement is to remain, and this power pole is to remain; Comeast's coaxial cable will remain in place. If you have any questions on these matters, please call me at 732-3816. Sincerely, ft~~ Planning and Design/Comeast Cablevision ,,.. ';"<"~::>;"'" /':t't:::I. I r I . 1;' /"'7t!P r~.,,,&. C'I1JUH r)'; :t.P~/.P..4'/ 7"h/$ ~p_/'$T ",ff. E.tJ.. S~ . . :2 ~F2 c~I'A',t< t/I# .,-"",,1 t::.lllt&,v/r ~~V~.".. ;/71 ~:'~~.~ ~ ~~/I~ CIPUtl'YrY'" ''(f ov-o .tJ, . \ I ~ ~ \ .. .,0 .()~ .~~ NF~r )$ C~~. ~F,r. ZZ-4>,-IS' .. ___ III" ZOO' 1&1' . ..1 ""'~"r'""~"'''''''.~ " ).! ~ ~ ; ~ .. "- 'II ~ ---t ~ ~ I V. ... '- ,/ . ~ ) ~ ~ ~ ~ 11\ ~ " '^ " ~ ,.. ~ ,$'D . , 0 ~ " - ~~--:.~-=--?-.... ;G' A'AtE: ...I ':" /CJCJ ' I..u' ,,-. " ... ~ '0" II ~ ~ \J " " .e 'Q " / ztX!J' S-II- Zoo' '" ~ I ~ ,... 3SZo , ~ . It . Z ~ ~' I""'-::"~"~ ... I I;' 5. .. '" .,," "',. ~ Z"D' ~ ~." t~ I.. <'~~~i':' ;:~ ('J 11:> ~I\ / oJf'i-uJ ~ €~~;~;::; '-;;~1Fj; ..~~~~.. Ol-l/() ~ ~~ f-OI ~'h -" " ~ .-~. 7 . ~ \J ,,-'" II " JI"''' ~ ",;, ~ ",," II 3 ~ " ~ II 7 " I I " S ... ~ /., . o \9 " .. .~. ~ ~ . o " 7'. ., .. .. 1ft / Il\ .... ... 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