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Agenda 12/14/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 14, 2004 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. ,- LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Dr. Kathleen Kircher, St. Monica's Episcopal Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. November 10, 2004 - BCC/Land Development Code Meeting C. November 15, 2004 - Special Value Adjustment Board Meeting D. November 16,2004 - BCC Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. Advisory Committee Service Awards. 4. PROCLAMATIONS A. Proclamation to acknowledge that December 7, 2004 was celebrated as Golden Gate High School Junior Civitan Club Day. To be accepted by: Mrs. Connie Pinckney, Faculty Adviser. 5. PRESENTATIONS A. Presentation by the Lake Park Elementary School 4th Grade Panther Posse regarding the Florida Panther Poster Contest. B. Recommendation to recognize Heriberto (Eddie) Hartnack, County Veteran Services Officer, Public Services Division, as Employee of the Year for 2004. C. Presentation of Status Report by the Caribbean Gardens Blue Ribbon Committee. To be presented by Kathy Prosser, Committee Chairman. 6. PUBLIC PETITIONS A. This item continued from the November 16,2004 BCC Meeting. 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. B. Public Petition request by Robert France to discuss parcel exchange 3681 4th Avenue Northeast. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation by the Community Redevelopment Agency (CRA) to the Board of County Commissioners (BCC) to expand the boundaries of the Immokalee Community Redevelopment Area to include the entirety of parcels inadvertently bisected by the present boundary. ,,- B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004-AR-5220 Land Development Group, LLC, represented by Ronald Nino, AICP, of Vanasse Daylor, LLP, requesting a rezone from Rural Agricultural (A) zoning to Mixed Use Planned Unit Development (MUPUD) for a project to be known as the Buckley Mixed Use PUD to allow for mixed-use commercial and residential development. The PUD is proposed for a maximum of 251 residential dwelling units, a maximum of 74,230 square feet of retail commercial, and a maximum of 97,070 square feet of office commercial uses. The property is located at 7501 Airport-Pulling Road, in the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, north of the Collier County Regional Library, in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 22.84± acres. C. Adoption of an Ordinance amending Chapter 74 of The Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13, The Collier County Consolidated Impact Fee Ordinance, providing for annual mid-cycle year indexing adjustments to water and sewer impact fee rates. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Library Advisory Board. B. Appointment of member to the Ochopee Fire Control District Advisory Committee. C. Appointment of members to the Golden Gate Community Center Advisory Committee. D. Appointment of member to the Golden Gate Beautification Advisory Committee. E. Appointment of members to the Development Services Advisory Committee. F. The Annual Peñormance Appraisal for the County Attorney. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:00 a.m. Recommendation to approve a Resolution authorizing the issuance of captial improvements and refunding revenue bonds Series 2005 in an amount not to exceed $180,000,000. (Sales Tax Bond Issue) (Mike Smykowski, Director, Office of Management and Budget) B. This item to be heard immediately following Item 10A. Recommendation to approve a Resolution authorizing the issuance of limited general obligation bonds in a not to exceed amount of $75,000,000. (Conservation Collier Program) (Mike Smykowski, Director, Office of Management and Budget) C. This item continued indefinitely. Consideration of Multi-County Agricultural Extension position. Due to Sheriffs budget appeal, no consideration of Unfinanced Requirements (UFR) list will be considered at this time. (Jim Mudd, County Manager) D. Approve and Adopt by Resolution a Hazard Mitigation Plan for Collier County also applicable to its Municipalities. Copies of the Hazard Mitigation Plan are available for review at the County Manager's Office, 3rd Floor W. Harmon Turner Building, 3301 Tamlami Trail East, Naples, FL and all Collier County Public Libraries. (Dan Summers, Director, Emergency Management) E. Recommendation to approve the Selection Committee's recommendation and approve a Professional Services Agreement with Carollo Engineers in the amount of $11,725,020.00 pursuant to RFP # 043673 for design and resident engineering services through the warranty period related to the construction of the Northeast Water Reclamation Facility and the Northeast Water Treatment Plant, Project Numbers 70902 and 73156. (Jim DeLony, Administrator, Public Utilities) F. This item to be heard at 1:00 p.m. Recommendation to allow a presentation of the construction options for the Golden Gate High School Bridge Study alternatives conducted by the Collier County School Board and the preferred alternative selected by the School Board at their November 18,2004 Board meeting. (Norman Feder, Administrator, Transportation Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ---------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. --------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ,.-. 1. Recommendation to approve for recording the final plat of "Mediterra Parcel 125," approval of the standard form Construction and Maintenance Agreement and approval of the amount of the peñormance security. 2. 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. (Changes to the PUD monitoring fees) 3. Recommendation to approve the application for the Property Tax Stimulus Program, Advanced Broadband Infrastructure Investment Program and the Job Creation Investment Program by Advocate Aircraft Taxation Company. 4. Approval of the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program by Guadalupe Center, Incorporated and provide for the waiver to pay the upfront fifty-percent of the estimated Transportation Impact Fees at Final Site Development Plan approval, but instead pay all impact fees, in full, at issuance of the Building Permit through the Fee Payment Assistance Deferral Agreement. ~. -_.,-_._-'-"',~- ,",_.,.,-...-""-~.,.-. 5. Recommendation to approve for recording the final plat of "Veronawalk Phase 2B," and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the peñormance security. 6. Approval of Satisfactions of Lien. 7. Recommendation to grant final approval of the roadway (Public) and drainage improvements for the final plat of "Saba I Bay Commercial Plat - Phase One." The drainage improvements will be privately maintained. Collier County will maintain the roadway improvements within Thomasson Drive and Xeric Lane. 8. Recommendation to approve for recording the final plat of "Britney Estates," approval of the standard form Construction and Maintenance Agreement and approval of the amount of the peñormance security. 9. Request that the Board approve the reinstatement of the PUD Amendment Process by the Department of Zoning and Land Development Review in order to allow for a PUD amendment to be processed in the form of a substantial modification to the PUD rather than through a total PUD to PUD rezoning process. 10. A recommendation to release and authorize the County Manager to execute a Satisfaction for an Impact Fee Deferral Agreement for Brittany Bay Apartments, Phase II upon receipt of a legally sufficient irrevocable letter of credit in the amount of $1,210,626.56 on behalf of CED Capital Holdings 2001 B, LLC. 11. Request approval by the Board of County Commissioners for an additional amendment cycle for the 2005 calendar year to address urgent amendments to the Land Development Code regarding Sidewalk issues pursuant to the requirements of Chapter 10 of the Collier County Land Development Code. B. TRANSPORTATION SERVICES 1. Recommendation to Approve Award of Bid #05-3691, "Roadway Lighting Components" to Multiple Vendors. 2. Recommendation for Board approval to reject all bids received under Bid #04- 3595R "Clearing, Grubbing and Tree Trimming Removal Services." 3. Recommendation to approve a Resolution to reduce the speed limit on New Market Road to 35 miles per hour for the section from Jerome Drive to Hendry Street and 40 miles per hour for the section from Hendry Street to State Road 29 (North 15th Street) at a cost of approximately $400. 4. Recommendation to approve award of Bid #05-3690, "Electrical Components," to multiple vendors. 5. Recommendation to Award Contract #04-3588 "Fixed Term Material Testing Services" to the following firms: Allied Engineering & Testing, Inc.; Ardaman & Associates, Inc.; ASC Geosciences, Inc.; Forge engineering, Inc.; and Professional Engineering and Inspection Company, Inc. (Estimated Annual Amount $750,000) 6. Recommendation to award bid #05-3741 "Mowing of Grassed or Vegetated Roadside Areas" for the estimated annual amount of $276,000.00 to Southern Services. 7. Recommendation to approve Supplemental Agreement No.2 to the Professional Services Agreement with American Consulting Engineers of Florida, LLC, in the amount of $357,735 for the design of Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road, Project No. 60005. 8. Recommendation to approve a Donation Agreement and to accept the conveyance of a Temporary Construction Easement required for the replacement of a drainage pipe under Blocks 260 and 261, Golden Gate Unit 7 (Project No. 60016). Estimated Fiscal Impact: $18.50 --_."---,.~,.~.,"----------'~-- 9. Recommendation for the Board's approval of Adopt-a-Road Agreement for the following: Naples Bay Rotary Club. 10. Recommendation to award a construction contract In the amount of $34,500 to Stemic Enterprises, Inc. and allocate $3,450 (10% of the construction cost) for contingency purposes to dredge the outfall at Wiggins Pass located off of Pan American Avenue, Project Number 51212, Bid No. 05-3734. 11. Recommendation to award Bid #05-3687 "Vanderbilt Beach Beautification MSTU Roadway Grounds Maintenance" contract to Commercial Land Maintenance in the amount of $34,697.00. 12. Recommendation that the Board of County Commissioners (1) approve a Resolution approving and authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida State Department of Transportation, in which Collier County would be reimbursed up to $24,500 of the total estimated cost of $28,000 for construction of a sidewalk segment on 53rd St. SW from 28th Place SW to 30th Ave. SW in Golden Gate; (2) authorize the advance of $24,500 from the Gas Tax Fund; and (3) approve future fiscal year annual costs of sidewalk maintenance and all necessary budget amendments 13. Recommendation to award bid #05-3750 "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" to Ground Zero Landscaping Services in the amount of $30,781.90. 14. Recommendation to award bid #05-3751 "Pine Ridge Road (Airport Pulling- Logan Blvd.) Roadway Grounds Maintenance" to Commercial Land Maintenance, Inc. in the amount of $104,270.25. 15. Recommendation that the Board accept a donation from Florida Power & Light in the amount of $155,000. . 16. Recommendation that the Board accept a donation from WCI Communities, Inc. up to the amount of $100,640.00 for landscaping along Livingston Road adjacent to Tuscany Reserve. 17. Recommendation to approve a budget amendment to reallocate $28,000 from the Golden Gate City Outfall- Project Number 512181 to the Fish Branch Creek Box Culvert - Project Number 510211; Both are part of the Water Management Department Capital Projects. 18. Recommendation to approve Contract Amendment No. 03-3473-A01 with HDR Engineering, Inc. -"Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District" to include civil engineering design services in the amount of $156,071.40 for the Gateway Triangle Drainage Improvement Project, Project Number 518032. C. PUBLIC UTILITIES 1. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 2. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. - " _""'""""^c..",,.",.. ----"'.,^ 3. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 4. Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $20.00 to record the Satisfactions of Lien. 5. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $20.00 to record the Satisfactions of Lien. 6. Recommendation to approve Work Order JEI-FT-05-01 to Johnson Engineering (JEI) in the Amount of $163,364 for Engineering Service for the Design, construction plans and Construction Inspection of a Master Pump Station under Contract 01-3290 - Fixed Term Professional Engineering Services, Project 73079. 7. Recommendation to approve FY 04-05 Innovative Waste Reduction and Recycling Grant Agreement from the Florida Department of Environmental Protection to fund construction of the Innovative Recycling Fitness Walk, and associated Budget Amendment. 8. Recommendation to award Bid #04-3721 for the hauling and disposal of lime sludge in the estimated annual amount of $200,000 for the South Regional Water Treatment Plant. 9. Recommendation to approve a South Florida Water Management District LocalGovernmental Agreement No. OT050868 for partial funding of the 16-inch Reclaimed Water System Interconnect, Davis Boulevard to Radio Road. D. PUBLIC SERVICES 1. Recommendation to approve the purchase of two residential lots from Kenneth and Eileen Clawson for expansion of the County's Bayview Park at a cost not to exceed $22,070. Project 80060. 2. Recommendation to approve the purchase of two residential lots from Bernadette M. Lemelin for expansion of the County's Bayview Park at a cost not to exceed $16,365, Project 80060. 3. Recommendation to approve the purchase of two residential lots from Andrew and Anne Lena for expansion of the County's Bayview Park at a cost not to exceed $22,070, Project 80060. 4. Recommendation to approve an Agreement to Transfer Assets and Release Sanctuary Skate Parks-Collier, Inc. from an existing Skate Park Concession Agreement. 5. Recommendation to enter into agreement to provide existing funding of $50,000 for operational expenses associated with the Collier County Medical Society development of the American Project Access Network of Collier County a coordinated, integrated system of accessing health care for uninsured citizens of Collier County. 6. Recommendation to approve a budget amendment in the amount of $300,183 to ensure continuous funding of the Older Americans Act grant. 7. Recommendation to approve a Lease Agreement with Southwest Heritage, Inc. for use of the Naples Railroad Depot as a branch facility of the Collier County Museum at an annual rent of $1, staffing and operations cost of $200,800, building improvements and repairs of $250,000, and exhibit development costs of $85,000. ~,- 8. Recommendation to approve agreement between Collier County Veterinary Society, Inc., and Collier County for neuter, spay and general physical examination services. E. ADMINISTRATIVE SERVICES 1. Recommendation to authorize the additional expenditure of a sum not to exceed $7,500.00, for additional overtime payments as a result of the Fair Labor Standards Act Audit. 2. That the Board of County Commissioners approve award of Bid #05-3758, "Parts for Fleet," in two categories as follows: Heavy Trucks, Heavy Equipment and School Buses - award to Naples Truck Parts as primary vendor and to Bonita Auto Supply, Inc.-NAPA and NAPA Auto Parts as secondary vendors; Automobiles and Small Trucks - award to Bumper to Bumper Parts Depot, Inc. #540 as primary vendor and to Bonita Auto Supply, Inc.-NAPA and NAPA Auto Parts as secondary vendors. 3. Recommendation to approve a budget amendment in the amount of $32,000 to prepare and secure an alternative site for the storage and sale of surplus vehicles at future surplus property auctions. 4. Recommendation to retain from active sales various properties obtained from Avatar Properties, Inc., and which are part of the GAC Land Trust. 5. Recommendation to approve Amendments to two existing Lease Agreements with Alan and Patricia Boole for the continued use of garage space by the Sheriffs Office, at a total cost of $85,800. 6. Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. 7. Confirm and consent to the re-assignment of RFP No. 00-3113 "Department of Utility Billing Services Integrated Software System" from IMS of Tech, Inc. to N. Harris Computer Corporation. 8. That the Board of County Commissioners award Bid No. 05-3746 for Temporary Clerical Services to Manpower Temporary Services, Inc. as primary vendor, and Kelly Services, Inc., as secondary vendor. 9. Recommendation to approve an increase to the cost of work in the amount of $45,000 to Contract No. 04-3694, for the remodeling of the Collier County Clerk's MIS Department located on the 5th floor of the County Administration Building. F. COUNTY MANAGER 1. Recommendation to Approve the Award of Bid #05-3744, Hideaway Beach Jetty and T-Groin Construction, to Marine Contracting Group, Inc., in the Amount of $2,140,880 and authorize a $180,000 time and materials engineering services work order with Humiston & Moore Engineers for construction observations and monitoring, Hideaway Beach Renourishment, Project 90502. 2. Recommendation to Approve Work Order Amendment #1 to TE-FT -03-02 with Taylor Engineering for additional design/permitting efforts for Marco South Beach Renourishment, project 90500, in the amount of $36,610. 3. Recommendation to approve an engineering services work order with Coastal Planning & Engineering, Inc., under contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, for designing and permitting an artificial reef and for completing requirements established by the U.S. Minerals Management Service for a borrow area lease, in an amount not to exceed $153,160. ...._._,~._--_.'-- 4. Recommendation to Approve the Award of Bid # 05-3753, Maintenance Dredging of Wiggins Pass, to Snyder Industries, Inc., in the Amount of $380,000, and authorize a $44,149 time and materials engineering services work order wIth Humiston & Moore Engineers for construction observations and monitoring, Wiggins Pass Dredging 2005, Project 90522. 5. Recommend the Board approve a Memorandum of Understanding with the Southwest Florida Professional Firefighters Local 1826 International Association of Firefighters Inc to include a career progression matrix to the current collective bargaining agreement. 6. Approve sole source purchase of "Audicor" for placement on Collier County Emergency Medical Services Department units in the amount of $225,000. 7. Award Bid #04-3715 for Self-Contained Breathing Apparatus to Porche Fire Equipment, Inc. in the Amount of $90,000. 8. Recommendation that the Board of County Commissioners award Bid #05-3749 in the amount of $67,840.00 for Clam Bay Interior Channel Construction Phase III, to Floraquatics, Inc. 9. Recommendation to approve a Lease Agreement with the City of Naples for shared use of Fire Station 2 at a first year's total cost of $146,600. 10. Approve a Florida Emergency Medical Service County Grant Application, Grant Distribution Form, and Resolution for training and medical/rescue equipment in the amount of $112,672.82 11. Approve the sole source purchase of one SimBaby for training purposes of Collier County Paramedics and EMT's to maximize and enhance the current delivery of care to infant patients. This is a previous awarded grant from the State of Florida. 12. Recommendation that the Board of County Commissioners Approve and Ratify the Collective Bargaining Agreement with the Firefighters of the Everglades International Association of Firefighters, Local 3670. The Agreement is available for public viewing at the Collier County Manager's Office or Bureau of Emergency Services Office, 3301 East Tamiami Trail, W. Harmon Turner Bldg, Naples, FL. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests Board approval for reimbursement for attending the Hospice of Naples Open House Reception serving on December 16, 2004; $20.00 to be paid from Commissioner Coletta's travel budget. 2. Commissioner Coletta requests Board approval for payment of an overnight stay between Southwest Florida Regional Legislative Delegation Reception on December 9th and the Issues '05 Southwest Regional Delegtion Forum on December 10th; $79.00 to be paid from Commissioner Coletta's travel budget. 3. Commissioner Coletta requests Board approval for reimbursement for attending the Naples Hispanic Chamber of Commerce's First Annual Christmas Party; $30.00 to be paid from Commissioner Coletta's travel budget. 4. Commissioner Coletta requests Board approval for reimbursement for his attending the Kiwanis Club Luncheon featuring Dr. Gene Landrum as its speaker on December 8,2004; $10 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE ,-' 1. Miscellaneous Items to file for record with action as directed. >.-.--.--.---.-.---- J. OTHER CONSTITUTIONAL OFFICERS 1. 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. A copy of the Detailed Report is on display in the County Manager's Office, 3301 East Tamiami Trail, W. Harmon Turner Building, 2nd Floor, Naples, Florida. 2. In compliance with the purchasing policy, report to the Board of County Commissioners the total dollar amount of interest payments that were made during the preceding fiscal year for violations of the Florida Prompt Payment Act. K. COUNTY ATTORNEY 1. Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary Lou Adsit, for Parcel No. 181 in the amount of $163,900 in the lawsuit styled Collier County v. Mary Lou Adsit, et aI., Vanderbilt Beach Road Project 63051. 2. Recommendation for the Board of County Commissioners to Approve an Agreed Order and Authorize Payment of Engineering Fees for Parcels 117, 133, 717A, 717B and 733 in the Lawsuit Styled Collier County v. Calusa Bay Master Association, Inc., et. aI., Case No. 02-2040-CA (Goodlette-Frank Road Project #60134). 3. Recommendation to approve the Mediated Settlement Agreement as to Parcel 116 in the lawsuit styled Collier County v. Northside Construction Company, et aI., Case No. 00-0136-CA, Pine Ridge Road Project 60111. 4. Recommendation to authorize the making of an Offer of Judgment to Respondents, Jack V. Harrison and Juanita Harrison, for Parcel No. 122 in the amount of $12,500 in the lawsuit styled Collier County v. Village Walk Homeowner's Assoc. of Naples, Inc., et aI., Case No. 04-345-CA (Vanderbilt Beach Road Project 63051). 5. Recommendation to approve a Stipulated Final Judgment as to Parcel 102 in the lawsuit styled Collier County v. Pelican Marsh Community Development District, et aI., Case No. 04-1532-CA (Vanderbilt Beach Road Project 63051). 6. Recommendation to authorize the making of an Offer of Judgment to Respondent, Walnut Farms, Inc., for Parcel No. 166A in the amount of $36,150.00 in the lawsuit styled Collier County v. Juan Ramirez, et al., Case No. 02-5166-CA (Immokalee Road Project 60018). . 7. Recommendation to authorize the making of an Offer of Judgment to Respondent, Walnut Farms, Inc., for Parcel No. 166B in the amount of $207,100.00 in the lawsuit styled Collier County v. Juan Ramirez, et aI., Case No. 02-5166-CA (Immokalee Road Project 60018). 8. Recommendation for consideration and Approval of Agreement and Budget for Partial Funding of Legal Aid services to assist qualified indigent residents of Collier County with civil legal problems. ,- 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, 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 AVROW2001-AR1388 to renounce and disclaim all rights and interests of the public to access (ingress/egress) and travel upon the following road rights-of- way located within Boyne South subdivision. Those road rights-of-way depicted and described in the plat of "Royal Palm Golf Estates Unit One", as recorded in Plat Book 12, Pages 13 through 18, Public Records of Collier County, Florida; providing for the continuing and unaffected rights of easement holders, emergency medical and fire services, Collier County water management vehicles and personnel, Collier County transportation vehicles and personnel and Collier County water-sewer district vehicles and personnel; providing an effective date. Located in Section 20, Township 51 South, Range 27 East. B. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Petition VA-2004-AR-6140, Pine Ridge Center and Pine Ridge Center West PUDs, represented by D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A., requesting two 15-foot variances, one from the required 15-foot setback for the western boundary of the Pine Ridge Center Planned Unit Development (PUD), and a 15-foot variance from the required 15-foot setback for the eastern boundary of the Pine Ridge Center West PUD, to permit a O-foot setback from the common boundary between the two PUDs. It is the applicant's intent, if these variances are granted, to construct a single office building across the common property line. C. SE-2004-AR-5861, An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, by specifically amending Ordinance 03-51, pertaining to the Wentworth Estates PUD, to correct a Scrivener's Error due to inclusion of an incorrect Zoning Atlas Map Number for Wentworth Estates PUD; and by providing for an effective date. D. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members Pinnacle Towers, LLC, represented by Deborah L. Martohue, Esquire, of Hayes & Martohue, P.A., requesting Conditional Use 13 of the (A) Agricultural zoning district for a 518-foot replacement guyed tower and associated facilities, prior existing 524-foot guyed tower destroyed July 12, 2004. The property, consisting of 14.55 acres, is located at 305 Tower Road, northwest intersection of U.S. 41 and S.R. 951, in Section 3, Township 51 South, Range 26 East, Collier County, Florida ~-~~._------'--_-.-"._--- E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DRI-04-AR-6469, Lucky Strike MK, Inc., represented by R. Bruce Anderson, of Roetzel & Andress, LPA, requesting an amendment to the Green Heron Development of Regional Impact (DRI) Development Order by extending the termination date from February 7, 1999 to January 1, 2009 for property located on the north side of Radio Road (C.R. 856) and approximately one-half mile east of Santa Barbara Boulevard in Section 33, Township 49 South, Range 26 East, Collier County, Florida. F. Recommendation To Consider Adoption Of An Ordinance Of Collier County Florida, Amending Collier County Ordinance No. 91-65, To Add A Position Of Alternate Member On The Affordable Housing Commission. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. .-_._,,~. .,._.~,.,- Advisory Board Members Awards Participation Agenda Item No. 3A 1 Board of County Commissioners Meeting 12/14104 December 14, 2004 Page 1 of 2 ,- Last Name First Name Advisory Board # of Years Abemath Kenneth 5 Carlson Alice 5 Crews Flo 5 Erickson William 5 E inar Marco 5 Fole Blair 5 Gutierrez Maurice 5 Holland Ra mond 5 Hum hre Jack 5 Jones Robert 5 Janes Brian 5 Louis Marris Mr. 5 Masters Thomas 5 Minch Rosenbe Barbara 5 ,"-- Neuhaus Pennell Rand Saum Vase ,,-- COLLIER COUNTY Agenda Item No. 3A 1 December 14, 2004 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Item Number 3E1 Item Summary Meeting Date Advisory Committee Service Awards. 12/14/2004 9:00:00 AM Prepared By Date Paula Springs Board of County Commissioners Executive Aide to the BCC 12/6/2004 10:31 :39 AM BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 12/6120041:14 PM - Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/6/2004 5:02 PM PROCLAMA TION Agenda Item No. 4A Nove mber 30, 2004 Page 1 of 2 -, WHEREAS, the Neapolitan Civitan Club is sponsoring the Golden Gate High School junior Civltan Club, a part of an Intemøtlonal organlzatlDfl dedicated to helping our youth units to make a difference In our society; and, WHEREAS, junior Civitan teaches our youth to be "Builders of Good Citizenship", being centered on helping the communities while supporting their members to live fuller and unselfish lives; and, WHEREAS, junior Civitan is progressive In a world of change, and their members have pledged to be aware citizens, seeing to meet the needs of the world In order to insure a better future for all people; and, WHEREAS, the Golden Gate High School junior Clvitan Club has made a commitment to help other citizens of the world that are In need in their desire to make this a better world in which we live; and, WHEREAS, a group of dedicated local youths are founding the Golden Gate High School junior Clvitan club by directing their energies to help the Collier County community and their fellow citizens; and, ~ WHEREAS, the Golden Gate High School junior Civitan Club's pledge will further benefit the Collier County community and have a positive effect on its citizens. NOW THEREFORE, be it proclaimed by the Boørd of County Commissioners of Collier County, Florida that Oecember 7, 2004 was ce/ebf'Gted as SOLDEN GAn: HIGH SCHOOL JUNIOR CIVITAN CLUB DAY OONE ANO OROEREO THIS 1¿f" Oay of Oecember BOARO OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA l>ONNA FIAL.A, CHAIRMAN ATTEST: OWISHT E. BROCK, CLERK ~ , '''"·...,.,~,.._..._·_,..·'·e.'·''·'·,,·,·_..···__·_···~ Agenda Item No. 4A November 30, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 4A Proclamation to acknowledge that December 7, 2004 was celebrated as Golden Gate High School Junior Civitan Club Day. To be accepted by: Mrs, Connie Pinckney, Faculty Adviser. 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Kathleen Martinson Administrative Aide to BCC 12/3/20049:50:51 AM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners Bce Office 12/3/2004 10:03 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/3/20043:42 PM - Agenda Item No, 58 December 14, 2004 Page 1 of 2 EXECUTIVE SUMMARY - Recommendation to recognize Herberto (Eddie) Hartnack, County Veteran Services Officer, Public Services Division, as Employee of the Year 2004 OBJECTIVE: To recognize Eddie Hartnack as "Employee of the Year" for 2004. CONSIDERATIONS: Eddie Hartnack always encourages the Veterans he meets to visit the Veteran Services Department to explore any benefits that they may be entitled to. for serving our country - from WWII to current day soldiers. This has resulted in an outstanding network of Veterans who are currently being served by the Veterans Services Department in the Naples, Bonita Springs. Immokalee. Everglades City area. and areas in other parts of Florida and the Country . Ed always goes the extra mile to visit Veterans in the hospital or if a client has tried and cannot get a ride to a VA medical appointment, he takes the Veteran himself - when possible; If a Veteran is in need of a cane, walker, wheelchair, etc.. Ed searches any and all resources to get one for him/her. Ed is very active in his church and through it, has helped Veterans in dire need receive money for their utility bills, rent, etc. He is also active in Habitat for Humanity and with toys for indigent children at Christmas time. He speaks, when asked, at nursing homes and clubs on benefits available to Veterans. .;-- Twice a year Ed attends intensive CVSOA (County Veteran Service Officers Association) training conferences. His file has many certificates of his achievements at these classes. Even though Ed is a retired (20-year) Armv man, he has been given "Honorary Membership" in the Marine Corps League for exemplary service in the interests of the US Marine Corps and The Marine Corps League. Ed also visits widows of his Veteran clients when they request it - his personnel file is filled with letters of gratitude. But, most of all. Ed has been in the newspaper more than any other County employee in recent years for his exemplary service in our community. Almost always in the articles. there is a reference to the fact that because Eddie persevered through the "system" (VA-Federal Government) and fought vehemently for his clients, that through this effort they received benefits when no one else was able to procure them. Ed's diligence to his clients has acquired them over $1,000,000 in benefits. Ed is truly a Collier County employee passionate about his work and a superior role model in customer service for all employees. FISCAL IMPACT: "Employee of the Year" selected receives a $250.00 cash award. Funds for this award are available in the Department's Budget Cost Center, RECOMMENDATION: That Eddie Hartnack, Public Services Division. is recognized as the "Employee ofthe Year" for 2004. PREPARED BY: Dawn Ragone. Administrative Assistant, Human Resources Department ".;-- n.""'".;,_._"_,,,_,,,_~_,,,;···,,,,·,·,···,,···· .._...'.·,··.·._·'....."".1····'_.""'·,·'-"·,···'''··" ."",;.."._,--_..'-~"- Agenda Item No. 58 December 14, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 58 Recommendation to recognize Heriberto (Eddie) Hartnack, County Veteran Services Officer, Public Services Division, as Employee of the Year for 2004, 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Dawn Ragone Administrative Assistant 12/1120041:47:38 PM Administrative Services Human Resources Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 12/1/20041:52 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12121200410:14 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/2/20043:14 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/200410:31 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 8:28 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/8/2004 9:38 AM -- Agenda Item No. 6A M'1LM.~./ ~.~ ~ "¡::'~'l~r2 00\h If, ~ )t- Navcmber16CoUllt!CommissioncrSMeeting ~.E: ~ -l~~- ~~, ~,I Iteml ~ð~ srtJ'-11'7,,6 Lorenzo WaUcer InS11~ of Technology Foundation will receive a .ytlt Y s-.,r; $2.000 cbeck based OD the Antique Automobile Club of America's use of /qU 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. . JœaphÐ...... 103 XIIdIwoo4 cc. N..... FL 34101-1232 --"---- - ___,,,. -..-".--, Item 2 FAA Safety Seminars for local pilots will be conducted for the 91h year (a total of eight). Local Safety Counselors have won regional and national recognition for 3 out of 4 recent years. Safety subjects inolude mainØmance advice, as weD as operational '-èsSQDS, all at no local taxes to our residents but to users of the system ( me) in~.øf__on fuel tax. tax on ~tenance and parts. etc. Pilots fly low and slow over 4 centerS in our county so we all benefit. -f~ f~ ~ ~aWY~ ~ ~.J' 7 F~~(~~~ ~~~ ~ ~~.~. W,jt~~oVt~~ ~.~ (J ð) It I 1 de..¡ . t... - 10 39~d ~INnQM~ ~ ~ Q..JtfJ tV -- ~ 9L61865 '[1;06 6E:tt P00~/1~/0t . ._.'. ' . . -,. . ~,. -,.... -.,..,.-.----.,-.---.-.- 0"_'_"'_"""._" Agenda Item No. 6A Decernber 14, 2004 Page 2 of 2 ~.,..., .~ ---."'" COlLIER COUNlY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 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 Boa rd 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 G (~ . .,. c ø K Jt t ;f .----.-...------- Agenda Item No. 68 Decernber14, 2004 Page 1 of 2 ~ ~ ~~ COLLIER COUNfY MANAGER'S OFFIæ 3301 East Tamiami Trail _ Naples, FL 34112 . 239-774-8383 - Fax 239-774-4010 November 30,2004 Mr. Robert G. France c/o Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite #200 Naples, FL 34103 Re: Public Petition Request to Discuss Parcel Exchange 3681 4th Avenue Northeast Dear Mr. France: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 14, 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/jb cc: David Weigel, County Attorney Chuck Carrington, Manager, Real Estate Services ,,-- c ø L~ . , c ø It " t .y · ------ Agenda Item No. 68 December 14, 2004 Page 2 of 2 November 17, 2004 .... ~ I~.¢:J 1\1 ......J~ Commissioner Jim Coletta 310 Aluchua Street Immokalee, FL 34142 RE: Public Petition; Parcel Exchange 3681 4th Avenue Northeast Dear Commissioner Coletta: Thank you for the excellent job that you have done to represent my interests as well as\' the District's interests as a whole within Collier County. 1 am writing as a concerned owner of a certain piece of property which borders Collier County parcel #407691120003. The County's parcel is a one-acre parcel located in the northeast corner of my property. My problem arises from a pending Code Enforcement case concerning a garage that encroaches on the County land. This garage was built prior to my possession of the property however, the County Code Enforcement Order requires me to destroy the garage, or pay a daily fine until the encroachment is gone. I have attempted many different options to solve this problem including offering to purchase the County's property as well as to trying to sell my property to the County. However, the County staff has rejected both offers. In hopes that you might be able to help me, I would like to propose a possible solution; an opportunity for the County and myself to exchange one acre parcels. I propose to convey to the County a one acre portion of the northwest corner of my tract, in exchange for the County's conveying its one-acre parcel located in the northeast comer. This exchange of the one-acre parcels would not harm the County's interests and would allow me to keep my garage. __7 I would like to present this workable opportunity to the Board. Attached is a drawing showing the current parcels and ownership interests as well as the proposed exchange parcel. 1 optimistically look forward to working with you in the future to resolve my predicament. Very truly yours, Cc: County Manager, Jim Mudd Robert G. Franre ~, .' ~~~/ne:-'- Agenda Item No. 8A December 14. 2004 Page 1 of 9 ,- EXECUTIVE SUMMARY Recommendation by the Community Redevelopment Agency (CRA) that the Board of County Commissioners (BCC) expand the boundaries of the Immokalee Community Redevelopment Area to include the entirety of parcels inadvertently bisected by the present boundary. OBJECTIVE: Recommendation by the Community Redevelopment Agency (CRA) to the Board of County Commissioners (BCC) to expand the boundaries of the Immokalee Community Redevelopment Area to include the entirety of parcels inadvertently bisected by the present boundary. CONSIDERATIONS: On March 14,2000 the Board of County Commissioners adopted Resolution 2000-82, determining that two areas in unincorporated Collier County-the Bayshore/Gateway Triangle area and the Immokalee area-suffered from conditions of blight, as defined in Section 163.340 (8) of Florida Statutes. According to the Board, the rehabilitation, conservation· or redevelopment of these areas, or a combination thereof, was necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County. ,-... As a result of this finding, Resolution 2000-83 was adopted, establishing the Collier County Community Redevelopment Agency (CRA), which, in accordance with Section 163.357 of Florida Statutes, declared the Board of County Commissioners the CRA Board. This resolution also provided for the creation of two advisory boards for each of the newly designated community redevelopment areas, to be composed of citizens, residents, property owners and business owners (or persons engaged in business) in these areas. On May 25, 2004, finding the presence of blighted conditions (as defined in Section 163.340 (8), Florida Statutes) in adjacent areas, the BCC approved the expansion of the boundaries of the Immokalee Community Redevelopment Area. As a result of this expansion, however, the new boundary line inadvertently bisected a total of four parcels located along the western portion of the redevelopment area. Consequently, the Property Appraiser is uncertain whether to deposit the ad valorem taxes generated by these four properties into the Immokalee CRA fund (186) for redevelopment use, or into the County's General Fund. To rectify this situation, the Property Appraiser has asked that the parcels in question either be completely included or excluded from the Redevelopment Area. For the same reason, the Property Appraiser has also asked that four other parcels located along the southeastern portion of the redevelopment area, bisected when the original boundmy was established in 2000, be either completely included or excluded from the Redevelopment Area. ,-.. ..".·,·..."..._..·..._..";-,,,..··,"."..'·e··,,."""'~··, Agenda Item No. 8A December 14, 2004 Page 2 of 9 ,....--...... Because a large portion of all of these properties was already determined to meet the statutory criteria for blight, staff recommends the inclusion of the entirety of each of these parcels into the Immokalee Community Redevelopment Area, as set forth in Exhibit A, as a "housecleaning" measure. To further verify the presence of blighted conditions in the areas proposed for inclusion, staff made a site visit on October 25, 2004. On October 27, 2004, the Immokalee Local Redevelopment Advisory Board met and recommended the proposed expansion of the boundary of the Community Redevelopment Area. FISCAL IMPACT: If the proposed Resolution is adopted by the BCC, all future ad valorem tax increments for the parcels bisected by the Redevelopment Area boundary line will be deposited into the Immokalee CRA fund (186). The taxable value for these properties is approximately $302,764. If the proposed Resolution is not adopted, the Property Appraiser will remain unable to determine whether to deposit the future ad valorem tax increments for these parcels into the Immokalee CRA fund (186) or the County's General Fund. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. "...- ADVISORY BOARD RECOMMENDATION: As previously stated, the Immokalee Local Redevelopment Advisory Board met on October 27, 2004 to recommend an expansion of the boundaries of the CRA to incorporate the adjacent areas depicted in Exhibit A. RECOMMENDATION: That the CRA recommend to the BCC the expansion of the boundaries of the Immokalee Redevelopment Area to incorporate the areas depicted as hatched marks in Exhibit A because of the presence of blighted conditions (as defined in Section 163.340 (8), Florida Statutes) in these areas; and because the BCC has previously determined that portions of these same parcels warranted inclusion in the Immokalee Redevelopment Area. This expansion of the Redevelopment Area is in the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida. Prepared by: John-David Moss, Senior Planner, Comprehensive Planning ,.-- Item Number Item Summary Meeting Date Approved By Patric.k G, White County Attorney Agenda Item No, SA Decemher 14, 2004 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8,1\ Recomrnendatlon by the CommunIty RedBvelopment Agtmcy (CRA) to the Board of County CornrnU'isioners (BCG) to expand t.he boundaries ot the Invnokalee Cornmunily Redevelopment Area to ìnclude the entirety of parceLS madvertently bisected by tn'3 present boundary 12/Î4/2004 9.00:00 AM Assistant County Attorney Date County AttDrney Office 11/61200410:25 AM Compretle l~ìve Planning Direc10r Date Approved By Stal1 Utsinger Commul1íty D~lJelopment & Environmental Sl!:rvíces Cornpreh'imslve Planning 11/3/20041:45 AM Constance Ä. Johnson Date A pproved By Comm\Jnity Development & Environmel1tal Servic;es Operations Analyst Communìty Development &. EnvironmetUal Sendees Admin. 11/91200411;31 AM Sandra Lea Executiv€ Secretary Date Approved By Community Development & Environmental Services Community Development &. E.nvironmental Services Admin. 11/9120043:30 PM Approved By Date Randall J. Cohen Community Development & Envjronm~ntal St.'rvì<:es Commulnty Pllmnìng and Red(!vc opm~nt Manager Comprehensive Planning 11110/200411 :15 AM Date A pproved By JOSl!ph K Schmitt Commun.ity Development & Envirol)n1ental Services Conll'flunlty Development & Environmental Service'!> Adminstrator Community Developmcnt & Environmental SCl'iìces Admin. 11116120'0411:01 AM OMB Coordinator Administrative Assistant Date Approved By County Manager's Otfic.e Dffke of Management & Budget 1212120049:51 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Offic~ of Man~gement & Budget 12'6/20049:34 AM Michael Srnyko"v<Jki ManagE!rnen1: & Budge-t Director Date Approved By Coun1y Manager's Oftïce OffìCÐ 01 Management & B\.tdget 1216120044;31 PM James V. Mudd County Ma.nager Date Approved By Board of County Commíssioners County Managar'r> Offic~ 12/6120044:57 PM -, .....----.--,...-.." IJ) ~ Æ 0 0 0 0 0 0 0 ~ .~ MO M '" MN ;:'.Il) ~IX) M..... 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V V D:: 6 D:: [---.:0 ,,' LL__", en ~ . LL. _..:....:.,:7 c: ml__n~ ¡ g 'ë IX) IX) ex> IX) ex> 1:1 NV Nil) i! ,·L~.t¡- ,CD N NN NM IX) en <{ <DN WN ,"",0 , W,-U ..... .....~ .....~ NV Qj <{ ... V ;_,~..i,.....".,.~¡ 11 ....: l" V V V .....N 0 a:: ~ V (;j U ~v 111 D- 1:1 u (-'----~! ' 1:1 '" 0"> '" en .!: .~ ts 0 "- 1ñ '" 0 "t: tI= ct ~. r-1 <( I: IX) ex> IX) ~I Q ~ D NM NW Nil) IX) IX) IX) C) WN WN WM N~ N... NM Q N V V V .....~ .....~ .....N ..J ,'\:, 1 ¡ V V ... .-J I '" ",I !. ~'~ IX) :~ NN ~~ Nv IX) IX) IX) WN <DM NO Nil) NN ... ... I ..., .....~ .....~ .....N L"·,-___.Lj P V .". .". . IX) IX) IX) IX) N~ NIX) Nt') ~... IX) IX) IX) W N WN WM ~'" NW N~ .". .". .". .". .....~ ....N .". ... .". Agenda Item No. 8A December 14, 2004 Page 5 of 9 RESOLUTION NO. 2004 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FINDING A BLIGHTED AREA TO EXIST, AND EXPANDING THE BOUNDARIES OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA. WHEREAS, on March 14,2000, the Board of County Commissioners of Collier County, Florida (Board) adopted Resolution No. 2000-82, finding a specified area of Immokalee to be blighted and creating the Immokalee Community Redevelopment Area (Area); and WHEREAS, on May 25, 2004, finding adjacent portions of the Immokalee Community Redevelopment Area to be blighted, the Board adopted Resolution No. 2004-179, expanding the boundaries of the Area; and WHEREAS, on October 27, 2004, the Immokalee Local Redevelopment Advisory Board met and recommended further expansion of the boundaries of the Immokalee Community Redevelopment Area, as set forth in Exhibit A (Expanded Area); and WHEREAS, on December 14, 2004, the Community Redevelopment Area Board received and considered a report and presentation by County staff identifying current economic conditions within this Expanded Area; and WHEREAS, after having considered the determinations and the facts and evidence of conditions in the Expanded Area and having received and considered such other evidence of the conditions in the Expanded Area presented to it, the Board now desires to proceed in accordance with the authorization and powers granted by Part III, Chapter 163, Florida Statutes, to establish the necessary means by which redevelopment can be accomplished in the Expanded Area and that certain actions are appropriate and necessary and should be taken to address the conditions now present and expected to be present in the Expanded Area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: Section 1. Findings. The Board of County Commissioners, consistent with § 163.355, Fla. Stat. (2003), does hereby find: (a) Based upon the facts and evidence presented to and considered by the .,~ Page 1 of 3 ~._-- Agenda Item No. 8A December 14, 2004 Page 6 of 9 Board that the following conditions exist in the Expanded Area proposed to be added to the existing Immokalee Community Redevelopment Area: 1. Past conditions continue to be present in the Expanded Area that are detrimental to the sound growth of the County and which substantially impair or arrest the growth within the Expanded Area, and present conditions and uses in the Expanded Area are detrimental to the public health, safety, morals and public welfare; and 2. There is a faulty and inadequate lot layout in relation to size, adequacy, accessibility, or usefulness to the Expanded Area; and 3. The aggregate assessed values of real property in the Expanded Area for ad valorem tax purposes have failed to show any appreciable increase over the past five years; and 4. There are inadequate and outdated building density patterns in the Expanded Area; and 5. There are unsanitary and unsafe conditions in the Expanded Area. (b) The notices required by Section 163.346 and Section 163.361 (3), Florida Statutes (2003), have been timely published or mailed in accordance with said statutes. (c) Action must be taken immediately to prevent further blight and deterioration and to protect and enhance public expenditures previously made in the Expanded Area. Section 2. FindinQ of Necessitv. The Board of County Commissioners, based upon the evidence presented to it and in the public record with respect to the conditions found in Section 1 (a), above, finds that a "blighted area" as defined in Section 163.340 (8), Florida Statutes, exists within the boundaries of Collier County in the area identified, described, and depicted on Exhibits A and B, attached hereto and made a part of this Resolution (the Expanded Area), and further finds that the rehabilitation, conservation, or redevelopment, or a combination thereof, of such Expanded Area described is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida. Section 3. Community Redevelopment Area. Based upon the facts presented and contained in the public record, the Board of County Commissioners finds the Expanded Area constitutes a "community redevelopment area" as defined in Section 163.340 (10), Florida Statutes (2003), and hereby adds the Expanded Area to the Immokalee Community Redevelopment Area. Page 2 of 3 Agenda Item No. 8A December 14,2004 Page 7 of 9 -, Section 4. Conflicts. All resolutions and parts of resolutions in conflict with any of the provisions of this resolution are hereby repealed, provided, however, nothing herein is intended nor should be applied to affect, repeal, alter, amend or supersede any previous resolutions adopted by the Board of County Commissioners finding any other area or areas within Collier County to be a "blighted area" for purposes of the Community Redevelopment Act, specifically including Resolution 2000-82. Section 5. Severabilitv. If any section or portion of a section of this Resolution, including any part of Exhibits A and B, proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this resolution. Should any area constituting part of the Expanded Area be severed from the Expanded Area by a court of competent jurisdiction, the remainder shall constitute part of the Immokalee Community Redevelopment Area for purposes of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. This Resolution adopted after motion, second and majority vote this _ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Patrick G. 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W U) o "- o D: « a:: ü '" ,!;; 1ñ 'x 'w ~ N I\';' o .. Agenda Item No. 8A December 14,2004 Page 9 of 9 EXHIBIT B Description of the Expanded Areas of the Immokalee Community Redevelopment Area In addition to the area described in Exhibit B of Resolution 2000-82, the Immokalee Community Redevelopment Area shall be expanded to include the following areas: The southern halves of Sections 2 and 3, Township 47 South, Range 28 East; and the portions not already included in the Redevelopment Area of Sections 12, 13, and 14, Township 47 South, Range 29 East. ".;,-" - ...~.._,~._---- Agendå Item No. 88 December 14,2004 Page 1 of 107 ---- EXECUTIVE SUMMARY Petition: POOZ-2004-AR-5220: Land Development Group, LLC, represented by Ronald Nino, AlCP, of Vanasse Daylor, LLP, requesting a rezone from Rural Agricultural (A) zoning to Mixed Use Planned Unit Development (MUPOO) for a project to be known as the Buckley Mixed Use POO to aDow for mixed-use commercial and residential development. The POO is proposed for a muimum of 251 residential dwelling units, a muimum of 74,230 square feet of retail commercial, and a muimum of 97,070 square feet of office commercial uses. The property is located at 7501 Airport-Pulling Road, in the northwest quadrant of the intersection of Airport- PulUng Road and Orange Blossom Drive, north of the Collier County Regional Library, In Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 21.84::1::: acres. OBJECTIVE: That the Board of County Commissioners review the request to rezone the subject site from Rural Agricultural (A) to Mixed Use Planned Unit Development (MUPUD) to allow for the development of a maximum of 251 residential dwelling units, a maximum of 74,230 square feet of retail commercial, and a maximum of 97,070 square feet of office commercial uses, and to detennine whether the requested rezoning for the Buckley Mixed Use PUD is consistent with the Collier County Growth Management Plan and the Land Development Code (LDC) and is in the best interest of the community. ---- CONSIDERATIONS: The petitioner wishes to rezone 22.84± acres of land cUITently zoned Rural Agricultural (A) to Mixed Use Planned Unit Development (MUPUD) for a project to be known as the Buckley Mixed Use PUD. The PUD docWnent provides for a maximum of251 dwelling units, 74,230 square feet of retail space and 97,070 square feet of office space. As depicted on the attached Master Plan, letter designations have been added to reflect the uses proposed for the areas of the site. This includes building footprint details for each tract with specific square footage use detail for each structure. Along the north perimeter boundary, the "A" section proposes two, 2-story (over parking) structures that will house 30 residential units. To the south is the "B" section that proposes 76,270 square feet of office space within four 2- or 3-story structures (over parking). West of the "B" section is the "C" section showing five buildings to be developed with a combination of medical office space, a restaurant, and 40 dwelling units. Section "D" is located along the Airport Road ftontage, and proposed 34,000 square feet of retail space within six buildings, with 48 dwelling units placed above the retail space. Section "E", located between Section "D" and the western perimeter property boundary proposes seven buildings that are to be developed with 5,000 square feet of restaurant space, 34,000 square feet of retail space and 56 dwelling units. Section "F" consists of two buildings (two stories over parking) that will house 30 dwelling units. Three access points along Airport-Pulling Road are shown to serve this project. The north and south access points are limited to right in/right out only, and the middle access point is shown as a full access point. The developer will be required to provide right turn lanes at the primary access point and at the southerly entrance. ~ Buckley Mixed Use PUD, PUDZ-2004-AR-5220 PUDZ-2004-AR-5220.doc Page 1 d5 ,., '~""""''''''''',''·I'~·'''''''····· '...... "'_"'~"'d"_""""'''''''"''''''''' Agenda Item No. 88 December 14, 2004 Page 2 of 107 . .- 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 wiH result in an impact on Collier County public facilities. The County collects impact fees before 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 are required to be paid simultaneously with the approval of each final local development order. Other fees collected before 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 PLAN CONSISTENCY: ~ Future Land Use Element: The subject property is located within the Urban Mixed Use District- Buckley Mixed-Use Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (OMP). This Subdistrict promotes small-scale, mixed-use development with pedestrian orientation to serve existing and future residential deveJopment and is intended to be an example for future mixed-use nodes while reducing trip lengths for small-scale commercial services. This Subdistrict allows for limited small-scale retail, and office use, and generally allows the uses listed in the C-1, C-2 and C-3 zoning districts, with some exceptions. The Subdistrict has specific criteria to ensure development of a bona fide mixed-use project. Comprehensive Planning staff evaluated the specific mixed-use criteria and provided a detailed synopsis. That evaluation is included in the staff report. Comprehensive Planning staff recommends that this petition be deemed consistent with the FLUM of the OMP. Transportation staff has determined that this petition is consistent with the OMP Transportation Element Policies 5.1 and 5.2 because there are no roadways that are projected to operate below the adopted level of service standard with the proposed improvements, therefore the project will not have an adverse impact on any roadway. Zoning staff has evaluated Future Land Use (FLUE) Policy 5.4 that requires new land uses to be compatible with, and complementary to, the surrounding land uses. Zoning staff believes that the PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in the neighborhood, and therefore recommends that the petition be deemed consistent with that FLUE policy and the overall OMP. ENVIRONMENTAL ISSUES: ,,--. The Environmental Review staff has reviewed the petition and the PUD document and has addressed Buckley Mixed Use PUD, PUDZ-2004-AR-5220 PUDZ-20Q4-AR-5220.doc Page 2 of 5 Agenda Item No. 8B December 14,2004 Page 3 of 107 .~ any concerns within the PUD document and the Master Plan. ENVIRONMENTAL ADVISORY COUNCIL (EAc) RECOMMENDATION: This petition qualified for a waiver from submitting an Environmental Impact Statement (EIS), therefore this petition was not required to be heard by the Environmental Advisory Council. ÇOLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard by the CCPC on November 18, 2004. Commissioner Strain made a motion to approve this petition with several changes, and Commissioner Adelstein seconded the motion. The motion passed 9 to O. The changes have been incOlporated into the PUD document forwarded to the Board of County Commissioners. Those changes are explained below. 1. The staff version of the PUD document entitled, "PUD Clean Copy 11-17-04" is the approved PUD document. That PUD document must be revised to include the following stipulations: 2. The first paragraph in Section 4.4 must be removed. ,,-.. 3. Development of this project must be in compliance with the plans submitted at the CCPC hearing, specifically a two sheet set of plans, entitled, "Buckley Parcel-- PUD Master Concept Plan," sheet 1 of 1, last revised November 17, 2004, and "Buckley Parcel - West Buffer Conceptual Landscape Plan- (Zoning) Phase", dated November 15, 2004 except for that area between Buildings D-6/D-7 and the lake to the north of Buildings F-l/F-2, for which the plan entitled, Buckley Parcel- Master Plan," last revised November 17, 2004 will be the governing site plan. 4. Insubstantial changes to this PUD, as described in LDC Section 10.02.03.E., and to further include reductions from what is depicted on the Master Plan identified above in perimeter setbacks along Airport-Pulling Ro~ must be reviewed and approved by the Collier County Planning Commission. 5. Balconies on the west façade of buildings A-2, C-I through C-5 and E-1 through C-7, and F-2 are prohibited. 6. This project must comply with the architectural requirements of the LDC, and further, actual height, as that tenn is defined in the LDC, is limited to a maximum of SS feet. 7. If the Emerald Lakes HomeownerlProperty Owners' Association decides a pedestrian interconnection from this project is desired, the developer of Buckley MUPUD must coordinate with that entity to accommodate that pedestrian interconnect. 8. This project is limited to a maximum Floor Area Ratio (FAR) ofO.SI8. 9. The developer is encouraged to provide a traffic signal at this project's access that aligns with Lakeside of Naples at Citrus Gardens. 10. This project's northernmost access point on Airport-Pulling Road is limited to right in only. ,,-.. Buckley Mixed Use PUD, PUDZ-2004-AR-5220 PUDZ-2004-AR·5220.doc Pege 3 of 5 Agenda Item No. 8B December 14, 2004 Page 40f 107 .-.' RECOMMENDATION: That the Board of County Commissioners approve petition PUDZ-2004-AR-S220 with the limitations contained in the PUD document as amended by the CCPC, except as noted below in items 9 and 11. Staffhas made the changes requested by the CCPC and lists them below with, except for Items 1 and 2 which are self explanatory, a reference to where the change requests are addressed in the revised PUD document. 1. The staff version of the PUD document entitled, "PUD Clean Copy 11-17-04" is the approved PUD document. That PUD document must be revised to include the following stipulations: 2. The first paragraph in Section 4.4 must be removed. 3. Development of this project must be in compliance with the plans submitted at the CCPC hearing, specifically a two sheet set of plans, entitled, "Buckley Parcel -- PUD Master Concept Plan," sheet 1 of 1, last revised November 17, 2004, and "Buckley Parcel - West Buffer Conceptual Landscape Plan- (Zoning) Phase", dated November 15, 2004 except for that area between Buildings D-6/D-7 and the lake to the north of Buildings F-l/F-2, for which the plan entitled, Buckley Parcel- Master Plan," last revised November 17, 2004 will be the governing site plan. CHANGE MADE IN POO SECTIONS 3.4.F.5 AND 4.3 4. Insubstantial changes to this PUD, as described in LDC Section 1O.02.03.E., and to further include reductions from what is depicted on the Master Plan identified above in perimeter setbacks along Airport-Pulling Road, must be reviewed and approved by the Collier County Planning Commission. CHANGE MADE IN SECTION 4.3.C. ,.-- 5. Balconies on the west façade of buildings A-2, C-l through C-S and E-l through C-7, and F-2 are prohibited. CHANGE MADE IN SECTION 3.4.1.11. 6. This project must comply with the architectural requirements of the LDC, and further, actual height, as that term is defined in the LDC, is limited to a maximum of 55 feet. CHANGE MADE IN "SUMMARY OF SETBACKS TABLE. 7. If the Emerald Lakes Homeowner/Property Owners' Association decides a pedestrian interconnection from this project is desired, the developer of Buckley MUPUD must coordinate with that entity to accommodate that pedestrian interconnect. CHANGE MADE IN SECTION 2.4., PARAGRAPH 2. 8. This project is limited to a maximum Floor Area Ratio (FAR) of 0.518. CHANGE MADE IN SECTION 2.4. 9. The developer is encouraged to provide a traffic signal at this project's access that aligns with Lakeside of Naples at Citrus Gardens. CHANGE MADE IN SECTION 4.6.L. Staff, however does not support this stipulation. Additionally, there is no guarantee that Buckley Mixed Use PUD will be granted a full median cut on Airport Pulling Road that could utilize a traffic signal; the decision whether to allow a full median cut will be made by Transportation staff when development approvals are sought and the decision will be based upon regulations in effect at that time. It is noted that a signal would not meet spacing standards. ,,-..- 10. This project's northernmost access point on Airport-Pulling Road is limited to right in only. CHANGE MADE IN SECTION 4.6.M. Buckley Mixed Use PUD, PUDZ-2004-AR-5220 PUDZ-2004-AR-5220.doc Pege 4 01' 5 Agenda Item No. 88 December 14, 2004 Page 5 of 107 11. At the direction of Transportation Planning staff, Zoning Staff has added a stipulation to the PUD Document to encourage the developer to seek an interconnection from this project to Orange Blossom Drive. CHANGE MADE IN SECTION 4.6.N. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review - -- Buckley Mixed Use PUD, PUDZ-2004-AR-5220 PUDZ·2004-AR-5220.doc Page 5 of 5 Item Number Item Summlry Meeting Dele Agenda Ilem No. 8B - December 14. 2004 Page 6 of 107 COLLIER COUNTY BOARD"OF COUNTY COMMISSIONERS 88 This item requires thlllt aU participants be &Worn in IImi ex parte diaclosure be provided by Commi..ion members, PUOZ·2004-AR·5220 Land Development Group. LLC, repre.ented by Ronald Nino, AICP, of Vans sse Daylor, LLP, requesting a rezone fram Rural Agriculturel (A) zoning 10 Mixed U.e Planned Unl!. Development (MUPUD) for a projecllo b. krl<>wn as lhe Bl,.lcklsy Mixed Use PUD to allcrw fer mixedMuse commercial and rosidential devolopment. ThC!! PUD is proposed for I!I ma)amLlm of 251 residential dwelling uníts, a maXlml"Jm ct' 74,230 square feet of retøíJ commercìsl, end a maximum of 97.070 square feet of office commercial uses. The property is located at 7501 Airport·PulHng Road, in the northwest quadrant af the intersection of A!rport-Pulling Road and Orange Btossom Drive, norlh of the Collier County RegIonal Library, In Seclion 2, Towm\Np 49 SouU" Range 25 East, Collier County, Florida, consisting o122.84:t aCTes. 12/1412004 9:00:00 AM Prepared By Chier Planner 11/22/~004 4:15:44 PM Ray BetloWli Community DeveloprM"t & Environmental SONlces Date 20"1"9 & Land Devolopment Revie-w Date Approved By Constance A. Johnaon Cømmunfty Developlnont & Environmental Services Operations Anatyat Community Development & Env ronmental Services Adm n. 11/22/20045:10 PM Zoning & Land Development Director Date Approved By Susan Murf1lY. AICP Community Development & Environmental SIIr¥Îcos Zoning & Land Development Roview 11/231200410:30 AM Date Approved By JOMph K. Schmitt Community Development & Environmental Service, Community Development & Environmental Services Admln&trator CommunIty Oevelopment & EnvirQnment.,1 Services Adn1in, 11/24/2004 2:12 PM OMB Coordinator Adn}lníatrltlve Allista"t eate Approved By County Manager'a Qff¡Ctt Office of Management & Budgot 1212/200410:33 AM Transportation Dlvl.slon AdminJstrator Date Approved By No"" E. Feoder, AICP Transponlcm SeNlcl!s Transportatlun Services Admin. 12/6/200.1 2:46 PM Mark Isackson Budget Analya! Date Approved By County Manager's Office Office of M~magement 8. Budget 12/6/20045:02 PM Approved By M¡ch~el Smykowskl County Manager'.. Office O.te Management & Budgut Director OfficQ of M.nage."ent & Budget 1217120048:18 AM County Manager Date Approved By James v, Mudd Board of County Commissioners County MRl1ager'a Office 12/7/200411:38 AM e- "'..--- Agenda Item No. 88 December 14, 2004 Page 7 of 107 eo1llr County ~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVEWPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: NOVEMBER 4,2004 SUBJECT: PETITION PUDZ-2004-AR-5220-BUCKLEY MIXED USE CENTER MUPUD APPLICANT: Land Development Group, LLC 9130 Corsea del Fontana Way Naples, FL 34109 AGENTS: Ron Nino, AICP Vanasse Daylor LLP 12730 New Brittany Boulevard, Suite 600 Fort Myers, FL 33907 Richard D. Y ovanovich Goodlette, Coleman, & Johnson, P .A. 4011 Tamiami Trail North, Suite 300 Naples,FL 34103 REOUESTED ACTION: The petitioner wishes to rezone 22.84± acres of land currently zoned Rural Agricultural (A) to Mixed Use Planned Unit Development (MUPUD) for a project to be known as the Buckley Mixed Use PUD. GEOGRAPmC LOCATION: The subject property is located at 7501 Airport-Pulling Road, in the northwest quadrant of the intersection of Airport-Pulling Road (CR 31) and Orange Blossom Drive, north of the Collier C01mty Regional Library, in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (see location map on the following page) PURPOSEIDESCRIPTION OF PROJECT: The subject site is currently being used as a commercial plant nursery, consisting of landscape cloth areas used for container plants, greenhouses and mobi1e office buildings. The site is devoid of native vegetation, the only vegetation actually planted on site consists of a few shade trees around the modular office bui1dings. Access is currently gained ftom one access point on Airport-Pulling Road. G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-522O\STAFF REPORT 2.doc Page 1 ct 12 Agenda Item No. 88 Decernber14,2004 Page 8 of 107 The PUD document proposed a maximum of 251 dwelling units, 74,230 square feet of retail space and 97,070 square feet of office space. As depicted on the attached Master Plan, letter designations have been added to reflect the uses proposed for the areas of the site. This includes building footprint details for each tract with spec.ific square footage use detail for each structure. Along the north perimeter boundary, the "A" section proposes two, 2-story (over parking) structures that will house 30 residential units. To the south is the "B" section that proposes 76,270 square feet of office space within four 2- or 3-story structures (over parking). West of the "B" section is the "c" section showing five buildings to be developed with a combination of medical office space, a restaurant, and 40 dwelling units. Section "D" is located along the Airport Road frontage, and proposed 34,000 square feet of retail space within six buildings, with 48 dwelling units placed above the retail space. Section "E", located between Section "D" and the western perimeter property boundary proposes seven buildings that are to be developed with 5,000 square feet of restaurant space, 34,000 square feet of retail space and 56 dwelling units. Section "F" consists of two buildings (two stories over parking) that will house 30 dwelling units. Three access points along Airport-Pulling Road are shown to serve this project. The north and south access points are limited to right in/right out only, and the middle access point is shown as a full access point. The developer will be required to provide right turn lanes at the primary access point and at the southerly entrance. SURROUNDING LAND USE AND ZONING: North: Brighton Gardens PUD, a 5:1: acre tract approved for a maximum of 117 assisted living units and a 4O-bed nursing home, which is developed as Harbor Chase Assisted Living Facility East: Airport Pulling Road, then Lakeside of Naples at Citrus Gardens, zoned PUD as Citrus Gardens, approved for four units per acre, developed with multi-family residential development South: County regional library, zoned Agricultural with a Conditional Use to allow the library West: Emerald Lakes, a single-fàmily home subdivision, zoned PUD, approved for a density of 3.5 units per acre G:\Current\DeselemIPUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-522O\STAFF REPORT 2.doc Page 2 d 12 ~ a: ~ Excerpt fÌ'om Zoning Map G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-522(1STAFF REPORT 2.doc pege 3 of 12 Agenc!a Item No. 88 December 14, 2004 Page 9 of 107 Agenda Item No. 88 December 14,2004 Page 10 of 107 by the petitioner is 251 dwelling units or 11 dwelling units per acre per Statement of Compliance #9, and Sections 3.2, 3.4.D and 3.4.1. It is suggested that the minimum number of dwelling units be substantially in excess of the 25 percent required in criterion "j" in the FLUE (#10 below) - perhaps the 204 units depicted on the Master Plan. 6. Maximum lot coverøge for buildings is capped at 35 percent for the total project. Criterion met in Section 3.4.C. 7. No more than 25 percent of the total built square footage wiU be devoted to single- story buildings. Criterion met in Section 3.4.1 (2). 8. Primary entrances to all retaU and commercial uses shøll be designed for access from the interior of the site. Buildings fronting on Airport Road will provide secondary accesses facing the street. Criterion met in Section 3.4.1 (3). 9. All four sides of each buNding must be utilized in a common architectural theme. Criterion met in Section 3.4.1 (4). 10. A residentiøl component equal to at least 25 percent of the allowøble maximum density must be constructed before completion of an aggregate total of 40,000 square feet of retail or ofJice uses. Criterion met in Section 3.4.1 (5). 11. Residentiøl units may be located throughout the Subdistrict. Section 3.3 lists the pennitted uses throughout this PUD including multi-family dwelling units. 12. Integration of residential and ofJice or retail uses in the same building is encouraged. A minimum of 40 percent of the commercial square footage shall be within mixed-use buildings (residentifll and commercial). Criterion met in Section 3.2. 13. Pedestrian connections are encouraged to all perimeter properties. Interconnection criterion provided for in Section 2.4. However, it is suggested that this text be moved to, or repeated in, Section 3 or Section 5. 14. No building footprint will exceed 15,000 square feet. Common stairs, breezeways, or elevators may join individual buUdings. Criterion met in Section 3.4.1 (7). 15. No building shøll exceed three stories in height with no øllowancefor under building parking. The petitioner's PUD document Section 3.4.B and "Summary of Setbacks..." Table on page 18 references "below grade." That reference is vague and does not specify defmite heights. That language is not consistent with the OMP Subdistrict. However, the criterion is met in section 3.4.B of the staff's PUD document. 16. Drive-thru establishments will be limited to banks with no more than three (3) drive- thru lanes. These drive-thru lanes must be architecturally integrated into the main building. Criterion met in Section 3.4.1 (8). 17. No gasoline service stations will be permitted. Criterion met in Section 3.3.A (2)(b). 18. All buildings will be connected with pedestrian features. Criterion met in Sections 3.4.1 (6) and 5.5 (4). 19. A twenty-foot wide landscape Type D buffer shall be required along Airport-Pulling Road. A twenty-foot wide Type C landscape buffer shøll be required along all other perimeter property lines. Section 3.4.F describes the landscape buffers and compliance with the Airport- Pulling Road Type D buffer. This project must adhere to all development and design standards set forth for the Buckley Mixed-Use Subdistrict and shall be reviewed once an SDP is submitted to the County. The Buckley Mixed-Use Subdistrict specifically requires a twenty-foot wide Type C landscape buffer along all other perimeter property lines. 20. Parking areas must be screened from Airport-Pulling Road and from any properties adjacent to this property. Criterion met in Section 3.4.1 (9). ,...- G:\Current\Deøelem\PUD Rezones\Buckley Mixed Use PUD, PUDZ·2004-AR·522O\STAFF REPORT 2.doc Page 4 of 12 Agenda Item No. 88_ Decennber14,2004 Page 11 of 107 FLUE Policy 5.4 requires new land uses to be compatible with, and complimentary to, the surrounding land uses. Zoning staff believes that the staff PUD document contains appropriate Hmitations to ensure that this project will be compatible with the existing development in the neighborhood, and therefore recommends that the petition be deemed consistent with that FLUE poHcy and the overall GMP. Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS). The TIS indicates that the project's impacts are significant on Orange Blossom Drive west of Airport-Pulling Road westbound, Orange Blossom Drive east of the project, Airport-Pulling Road north of the project and Airport-Pulling Road south of Orange Blossom Drive southbound. (Significance test or significant impact is used as those tenns are defined in the GMP.) This project will be required to maintain existing turn lanes (at main entrance) and provide 185-foot long (with a 50 foot taper) southbound right turn lane at the project's north access point. The TIS further proposes a full-movement signalized intersection at the project's main entrance on AiIport-Pulling Road; however, Transportation Planning staff will make a decision regarding signalization when development approvals are sought. The TIS concludes that dual left turn lanes are indicated on the eastbound approach on Orange Blossom Drive where it intersects with Airport-PulHng Road The TIS does note, however, that roadway intersection improvements currently underway (Airport Road and Vanderbilt Beach Road intersection) may resolve the dual left turn lane issue before the development of this project. The PUD document has been reviewed by Transportation Planning staff and it contains language in Section 5.6 to adequately address this project's transportation impacts, noting that improvements that may be required as part of this project's buildout will be detennined by Transportation staff based upon the relevant data when development approvals are sought. Transportation staff has detennined that this petition is consistent with the GMP Transportation Element Policies 5.1 and 5.2 because there are no roadways that are projected to operate below the adopted level of service standard with the proposed improvements, therefore the project will not have an adverse impact on any roadway. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable detennination must be based. These criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPe) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCe), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B"). Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. This site is devoid of any native vegetation; therefore, there are no indigenous vegetation requirements. G:\Current\Deeelem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-522O\STAFF REPORT 2.doc Page 5 d 12 Agenda Item No. 88 December 14, 2004 Page 12 of 107 Transportation Review: Transportation Department staff has reviewed the petition and the PUD document that accompanies the request. The applicant has incorporated Transportation staff's revisions within the PUD document. Utility Review: The Utilities Department staff has reviewed the petition and has stated that approval of this petition is subject to application for, and conditions associated with a "Water and Sewer Availability Letter" ftom the Collier County Utilities Division. The Utilities Department notes that a l6-inch water transmission line and a 20-inch sewer force main exist along Airport- Pulling Road. Zoning Review: Relationship to Existing and Future Land Uses: A discussion ofthis relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be pennitted if the proposed zoning action is approved, to the requirement or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed uses, as limited in the staffs PUD document, are consistent with the GMP, as previously noted. The actual uses proposed, as limited in the PUD document, should be compatible with the land uses that have been developed on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the site will be separated ftom other development by a twenty-foot wide type C buffer to the north and south, a roadway to the east (Airport-Pulling Road), and a twenty-foot wide type C buffer to the west, that is augmented with a combined eight-foot high bennlwall (See Section 3.4.F.2.) Deviation Discussion: The petitioner is seeking one deviation and has included another section in the PUD document entitled "Substitutions," which in essence, are deviations as well. The petitioner has provided justification in support of the deviation in an April 30, 2004, letter to staff. Staff has analyzed the deviation and the substitutions and provides the analyses and recommendations below. Deviation 1 seeks relief from LDC Section 2.4.7.4 [UDC 4.06] for internal buffers which requires a ten-foot wide type D buffer to be placed adjacent to all internal roadways (driveways), to allow an equivalent amount of landscaped area and planting materials to be massed and provided as open space and green areas throughout the site. The extent of this deviation shaH be detennined at the time of SDP application in the manner required by Collier County. (This deviation is listed in the PUD document in Section 3.4.F.4.) The petitioner provided the justification for this deviation in an April 4, 2004, letter to staff stating the following: "The regulations. while appropriate in the conventional sense, do not equally apply when dealing with a mixed-use project with closely integrated use components in a highly urbanized type of setting. The goal of landscaping ought to be one that allows the best support for the overall urban design strategy of which landscaping is only one ..- G:\Current\D88elem\PUD Rez0n88\Buckley Mixed U8e PUD, PUDZ-20Q4-AR-5220\STAFF REPORT 2.doc Page 6 of 12 Agenda Item No. 88 December 14, 2004 Page 13 of 107 component. Landscaping does not necessarily have to be short changed by provision that change the inherent inflexibility of regulations meant for general application. " The deviation is a rather open-ended request to provide some undefined alternative internal landscaping plan. Staff is somewhat hesitant to endorse that concept but recognizes that the GMP has adopted a separate sub-district for the subject tract; therefore, there may be some merit to allow some discretion in the landscape design. However, staff wants to ensure that whatever is proposed meets or exceeds the normal standards, thus the following condition has been included to ensure that the minimum standards are met. Approval of this deviation is subject to further review and comment during the development order process (SDP); at which time the developer must provide evidence acceptable to Collier County to show that the alternatives proposed meet or exceed the requirements of the LDC to a degree at least equivalent to the literal application of such regulations (LDC Section 10.02.13.B.5.h.) The PUD document lists the following substitutions (pUD Section 5.5): 1. Subsection 3.2.8.4.16.5 of the LOC, or successor provision, Street Right-of Way Width-- With the exception of a signature entryway with throat distance as required by Collier County, rights-of-way for platted streets may be forty (40) feet in width. 2. Subsection 3.2.8.4.16.8 of the LDC, or successor provision, Intersection Radii--Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all project streets and a thirty-five (35) foot radius for intersection at entryway. 3. Subsection 3.2.8.4.16.10 of the LDC, or successor provision, Reverse Curves--Tangents shall not be required between reverse curves on any project street 4. Subsection 3.2.8.3.17 of the LOC, or successor provision, Sidewalks--SidewaJks may vary fÌ'om the literal application of requirements of this Subsection, recognizing the fact that a traditional platted streets system is inconsistent with the integrated and clustered nature of the planned mixed uses. Nevertheless, all land uses will be interconnected with a pedestrian walkway with a width of five feet that may be independent of any street right-of-way. Zoning staff is uncertain as to the applicability of these provisions because the petitioner's agents have indicated that the project is not to be platted. According to the agents, all internal accessways are to function as driveways. Therefore, no platted streets seem to be planned that would require compliance with the street requirements of the LDC. It does not appear that item 2 would be acceptable because the proposed substitutions will not meet fire code. Fire code requires a 25-foot inside radius and a 49-foot outside radius. Zoning cannot and would not grant any approvals that would lessen the fire code standards. However, zoning staff wants to ensure compliance with at least an equivalent to minimum standards to ensure safety, and is therefore including the condition listed below: As part of SDP approval for any substitution, the developer must submit each request for a substitution in writing to Community Development & Environmental Services, and he G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\STAFF REPORT 2.doc Page 7 of 12 Agenda Item No. 8B December 14, 2004 Page 14 of 107 must provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering sources to substantiate the substitutions and he must show that the substitution is based on generally accepted, sound and safe, professional engineering principles and practices. Furthermore, no reductions from fire code requirements are approved. (Based upon LDC Section 10.02.04.3). DIFFERENCE BETWEEN THE PETITIONER'S PUD DOCUMENT AND THE STAFF POO DOCUMENT: In some instances, staff and the petitioner are not in agreement. Staff approached the petitioner's agent, but he declined the opportunity to revise his PUD document to incorporate staffs suggestions, stating that he would rather take his PUD document to hearing and argue the validity of it. Therefore, staff has provided the petitioner's PUD document as part of the application package, and created a "Staff PUD document" to reflect the differences. Staff is recommending that the staffs version of the PUD document be adopted. With the exception of the Comprehensive Planning issue regarding height, the differences do not seem monumental and do not affect staffs overall recommendation of approval, however staff believes it is important to clarify any areas that could cause misunderstanding as the project develops. To assist in discerning the differences in the two PUD documents, staff has prepared a strike through and underline version of the PUD document that shows what language to be deleted in strike through and language to be added in double underline modes. With the except of several minor changes that remove extraneous language, add punctuation, or change LDC citations to conform to the newly-adopted LDC which are readily apparent, staff has summarized the proposed changes below, referencing sections and page numbers in the strike through and underline PUD document, as noted below: 1. Section 4: The major difference in the staffs PUD document is the removal of Section 4, Common Areas and Amenities. Staff has removed this section for several reasons. One, the Master Plan does not show where the uses in this section would be applicable. Two, the property development regulations that are proposed are not detailed enough to satisfactorily address the uses. All uses are listed as principal uses, but no limits for size, scope, height, lot coverage, or parking are included. No buffering standards are provided. The petitioner's PUD document offers only one setback limitation for one use - a 50-foot setback for the west boundary for recreational uses. The petitioner's PUD document lists all uses in this section as principal uses. Therefore, the uses could be open to the public since no limitations are proposed to the contrary. The uses should be limited to use by the project's residents otherwise the project's scope could change. Staff believes that some of the uses would be appropriate if identified as accessory uses within the overall Mixed Use Area in Section 3 of the petitioner's PUD document, where some of those uses are already listed. Therefore, staff has added most of the uses from Common Areas and Amenities as accessory uses. A kiosk, a use listed in Common Areas and Amenities and the Mixed Use Land Use sections, is not a defined use; it is more a building type not a use. No limits are proposed for it as a "use." However, both listings reference retail and service uses that may be conducted within the kiosks - G:\Current\Deeelem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\STAFF REPORT 2.doc PBge8d12 ---'- Agenda Item No. 88 December 14, 2004 Page 15 of 107 without a specific limit to the scope of those uses within the kiosks. It is not known whether the kiosks are to be pennanent structures or whether the kiosks are to be temporary facilities, such as hot dog or ice cream vendor carts. Staff therefore does not believe it is appropriate to list Kiosk as a principal use in any section. Staff has however, listed a Kiosk as an allowable accessory use in the Mixed Use area because as an accessory use, a kiosk will be limited by the LDC limitations for and setbacks. The limitations for scope in the LDC for accessory structures are not applicable to a kiosk because the use would be limited to 5 percent of the total lot area. If the project is not subdivided., the entire subject property would count as the lot, so perhaps another measure would be appropriate to limit the kiosk if a permanent structure is planned. Temporary kiosks would most likely be limited by mobility constraints. Additionally, the petitioner proposes to place kiosks within landscape and streetscape areas (Section 3.3.B.4). Staff is concerned about placing any permanent structure within a landscape area, but would support this placement if the landscape area were increased in size by a proportionate amount. 3. Model Units: The petitioner's PUD document requests model units be allowed to operate at this site for 10 years or until 95 percent of the units are sold. Most PUD zoned projects adhere to the three-year model use allowance of the LDC (Section 5.04.04), recognizing that model homes are to "be of a temporary nature" (Section 5.04.04.A), and should serve only the subject site. It may be reasonable to seek a longer time in a very large project that has a proposed build out date well beyond three years, however this project only encompasses 23 acres. Furthennore, the TIS (page 9) indicates that the project will be built out in 2008. Staff believes three years is an adequate amount of time for the model use within this project, absent a deviation request providing justification to support a longer time. The list of permitted uses would allow a real estate sales office to sell units in other projects, but model units for other projects should be located on those other properties. Staff therefore is limiting the model use to three years, and has limited the model use to the promotion of units within this project only. In addition, model units were not listed as a use, so staff added model units as an accessory use in Section 3.3. 4. Section 2.7: Staff eliminated the last paragraph because the LDC cited in the section provides clear distinctions about what constitutes and amendment, therefore further description is not required. 5. Section 2.9: Staff corrected the section to reflect that the Master Plan does not show any open space areas; the open space size is listed in the table but the areas are not shown. 6. Section 2.12.A: Staff has clarified the scope or intent of some uses to avoid confusion later. It needs to be clear that no matter what the PUD document says, if a deviation was not sought and approved from a specific section of the LDC, then the general requirements of the LDC will be applicable. 7. Section 3.2: The PUD docwnent did not include the limiting language shown on the Master Plan; staff incorporated it into the document. 8. Section 3.3: As noted above, many of the uses that were listed in Section 4, Common Areas and Amenities, would be appropriate if they were relegated to accessory uses within the overall project. Staff therefore has combined similar items, such as the embellishing features proposed- G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ·2004-AR-5220\STAFF REPORT 2.doc Page 9 of 12 Agenda Item No. 86 December 14, 2004 Page 16 of 107 clock tower, water fountains, street sculptures and street furniture-into one itern, and residential recreational facilities such as swimming pools and shuffleboard courts-into another item, and limited both types to use by residents and their guests only. Staff also removed references to allow a parking garage because the Master Plan indicates that parking needs can be adequately accommodated on site in the current configuration. 9. Section 3.4: Staff removed the language that would allow increased height fur certain parking spaces provided below grade because that proposal is inconsistent with the GMP Buckley Mixed Use Subdistrict requirements as noted in the GMP analysis of this report. In Item I, staff added number 10, which specifies that the accessory structure standards apply if there is no limit within the PUD. 10. An additional sentence was added in Section 2.2.A, to address the newly amended LDC and recently adopted Codes of Laws and Ordinances. The repeated references in the PUD document to a successor document were removed. NEIGHBORHOOD INFORMATION MEETING: Agents for the applicant, Ron Nino, of Vanasse Daylor, LLP and Richard Yovanovich of Goodlette, Coleman and Johnson, P A, representing the Land Development Group held the required Neighborhood Information Meeting on June 29, 2004 at the Italian American Club at 5:30 P.M. Approximately twenty individuals along with the applicant's team and county staff attended. Mr. Y ovanovich presented the proposed conceptual plan to the audience amid several comments and questions. In accordance with a settlement agreement reached between the developer and the Emerald Lakes Homeowners Association last fall, he stated the maximum amount of development units per acre will be eleven. As another element of the agreement, Mr. Y ovanovich also stated that an eight-fuot high masonry wall would be constructed on the western boundary of the development. Ms. Claire Goff, spokesperson for Emerald Lakes Homeowner's Association said, "The developer will be a good neighbor." The concept of "Mixed Use Center" was adopted from the Community Character Plan, which the BCC approved in April 2001. This will be the first rezoning project to make use of the mixture of residential and commercial space (office and retail, including restaurant) over parking as a contained, compact, upscale neighborhood design, similar to Bayfront on the Gordon River in the City of Naples. The developer and his team stated the following in response to audience questions/comments: . Height limitation: maximum 3-stories (parking below dwelling space) . This is not an "Affordable Housing" project, "I assure you that as developer of Galleria on Vanderbilt Beach Road, that landscaping will be at least up to code," Mr. Ron Nino stated that "J.E.D. (of SW Florida) goes above and beyond code" (regulations for landscaping/buffering). - G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\STAFF REPORT 2.doc Page 10 rl12 .. .._-_.......'-,.~.._..- Agenda Item No. 88 December 14, .2004 Page 17 of 107 · Rich Sherwood, property manager for Lakeside Homeowners Association, questioned whether access from Orange Blossom Road might be possible and the response iÌ'om applicant's representatives was that discussions held with the Greek Orthodox Church have concluded that there is no agreement with that idea. · Mr. Reed Jarvi, transportation planner for the applicant, addressed questions regarding the possibility of a traffic signal on Airport (point of ingress/egress), saying he's been in discussion with the county's transportation planners, and "more than likely, there won't be a signal." It was also stated that interconnectivity with the library at Orange Blossom is not an option. Agents for the applicant also provided written copies entitled ''Project Smnmary Description, Buckley Mixed Use Center" for meeting attendees. (Synopsis of the NIM provided by Linda Bedtelyon, Cormmmity Planning Coordinator) STAFF RECOMMENDATION: Zoning & Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-2004-AR-S220 to the Board of County Commissioners with a recommendation that this petition be deemed consistent with the GMP, and further that the rezoning request from the Rural Agricultural zoning district to MUPUD be approved, with the limitations contained in the PUD document. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR·5220\STAFF REPORT 2.doc Page 11 r:l12 Agenda Item No. 88 December 14, 2004 Page 18 of 107 APPROVED BY: JOSEPH K. SCHMITI ADMINISTRA TOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the December 14, 2004 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A BUDD, CHAIRMAN DATE Exhibits: A. B. Rezone Findings PUD Findings G:\Current\Deselem\PUD Rezon8s\Buckley Mixed Use PUD, PUDZ-20Q4-AR-5220\STAFF REPORT 2.doc Page 12 cl12 REZONE FINDINGS PETITION PUDZ-2004-AR-S220 Agenda Item No. 88 December 14, 2004 Pag~ 19 of 107 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed PUD is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP), including the Buckley Mixed Use Subdistrict, which was adopted specifically for this tract. 2. The existing land use pattern; This project will be consistent with the existing and proposed land use patterns as explained in the staff report. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also compatible with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD district boundaries are logically drawn and they are consistent with the FLUE Buckley Mixed-Use Subdistrict designation of the FLUM in the GMP. S. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends, changing market conditions, specifically the development of the sWTounding area, necessitate the proposed rezone. Staff believes this rezone is appropriate, noting that there are no longer agricultural uses remaining in the north half of this Section. The new regional library located immediately south of the subject site further indicates that growth is expected to occur in this area. The site is located within an urban area (per the GMP) thus increased intensity via rezone requests such as this one, can reasonably be expected. The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. EXHIBIT ""AN G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-522O\Findings, Rezone.doc Page 1 of 3 Agenda Item No. 88 December 14,2004 Page 20 of 107 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The development standards and landscaping requirements contained in the PUD document are intended to mitigate any adverse impact to the living conditions in this neighborhood if the proposed change is approved. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed PUD and has incorporated language into the PUD document which renders the PUD compatible with the Traffic Circulation Element. Therefore, the proposed PUD will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem; The project will be required to obtain a pennit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 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 apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area; Property valuation is affected by a host of factors including zoning, however zoning by itself mayor may not affect values, since value detennination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone is approved.U EXHIBIT "Air G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\Findings. Rezone.doc Page 2 of 3 Agenda Item No. 8B· December 14, 2004 Page 21 of 107 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact, the proposed PUD does not constitute a grant of special privilege. Consistency with the FLUE is further detennined 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 property is cwrently used in compliance with the existing zoning, and that use could remain if so desired by the property owner. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD is designed in a manner that is compatible with surrounding property in size and scale. It is also consistent with the FLUE of the Growth Management Plan, as further limited in the PUD document. IS. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. As noted above, this site is the subject of a specific GMP sub district designation. That Subdistrict was designed to accommodate this specific rezone request, there is no other site in Collier County with that same designation; therefore this is the only site that will accommodate this rezone request. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-discipJined 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 detennined that required infrastructure meets with GMP established relationships. EXHIBIT ftAW G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\Findings. Rezone.doc Page 3 of 3 Agenda Item No. 88 December 14, 2004 Page 22 of 107 FINDINGS FOR PUD PUD~2004-AùR-5220 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utllities. The subject site is developed with an commercial nursery operation which has altered the natural characteristics of the land. The site is located where it has access to Airport-Pulling Road near its intersection with Orange Blossom Drive. The petitioner has agreed to connect to county utility service, and the drainage will be provided in compliance with all applicable codes. 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 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 (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP, as provided for in the Ordinance. Please see the staff report for a more detailed discussion. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. EXHIBIT "Bit' G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\Findings, PUD.doc Page 1 of 2 Agenda Item No. 88 December 14, 2004 Page 23 of 107 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. Infrastructure is or will be in place in the vicinity and its adequacy will be determined at the time of SDP approval. 8. Conformity with POO 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 criterion 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. EXHIBIT "B'" G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\Findings, PUD.doc Page 2 of 2 .-co I"- avo 'Q 0 .i .... z. Õ E -:r N Æ Q) OJ ctI ctI ; "'0 a.. ~ c i ~ Q) ~I Jf II ! c.. ......,,, <C It -.»1> 0't'01II t)NlTlnd-.L*,cWl'f' ~ ! ! w ! I- ~ ~ i 5 - ~ . en ,., I ~ ~ I ~ ~ ~ ~. ~~ 3~::IS OJ lON / - -.- « t , N r o N N It) ~ < I "'" o o N N Q ::;) 0. '*"Z o l- I- W 0. c.. <C ~ ~~~ Z o - I- <C Ü o ...J ¡j ¡; !!)vl'- COOO .0..- ON_ Z .0 V E..-lt") (1)L-N _(1)(1) -.00) roEro "O(1)C1. Cu (1)(1) ~O .- " .~ .. '\ Agenda ItemNo. 88 Decernber14,2004 . Page 26 of 107 APPLICATION FOR PUBLIC HEARING FOR: []PUD REZONE (PUDZ) []PUD TO PUD REZONE (PUDZ-A) Petition No.: Planner Assigned: PUDZ-2004-AR-5220 - PROJECT #2003090040 Commission District' DATE: 1/23/04 . - FRED REISCHL Date Received: ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s) Land Development Group, LLC Applicant's Mailing Address 9130 Corsea del Fontana Way City Naples State Florida Zip 34109_ Applicant's Telephone # 239-596-2733 Fax # 239-596-3686 Applicant's E-Mail Addressrussweyer@jedflorida.com Name of Agent Ronald Nino, AICP Finn Vanasse Daylor, LLP Agent's Mailing Address 12730 New Brittany Boulevard, Suite 600 City Fort Myers State Florida Zip 33907 Agent's Telephone # 239-437-4601 Fax # 239-437-4636 Agent's È-Mail Address: rnino@vanday.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 ADDllcatlon For Public Hearlnl! For PUD Rezone 8/29/03 --.- .-.--.-.----..- .' Agenda Item No. 88 December 14, 2004 . . Page 27 of 107 *Be aware that Collier County has lobbyist regulations. GUide yourself accordmgly and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner 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 INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. CO se additional sheets if necessary). ... Name and Address Percentage of Ownership ADDllcatlon For Public Hunn!!' For pun Rezone 8/29/03 L "- -, Agenda Item No. 88 December 14,2004 Page 28 of 107 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 tIUstwith 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 Percentage of Ownership Buckley Enterprise H.M Buckley, ill Ronald & E. Buckley Thomas E. Buckley 100% 1/3 1/3 1/3 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 Land Development Group, LLC 100% Joseph D' Jamoos 100% Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address ApDllcatlon For Public Hearlnl! For roo Rezone 8129/03 ._--"-- --...-..- Agenda Item No. 88 December 14, 2004 Page 29 of 107 g. Date subject property acquired ( X) leased ():_I986 yrs.lmos. Term oflease If, Petitioner has option to buy, indicate date of option: tenninates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed leeal descriotion of the orooertv covered bv the aoolication: (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: 2 Township: 49 South Range: 25 East, Collier County, Florida Lot: Block: Subdivision: PropertyI.D.#: t>O~?lg3,"~4 f bOcE81dOOðe @lolt/!1I Plat Book_ Page #: Metes & Bounds Description: See Attached Exhibit "A" 4. Size oforooertv: 1990±ft. X 500±ft. = Total Sq. Ft. Acres 22.84± 5. Address/eenerallocation of subiect orooertv: 7501 Airport-Pulling Road, West side lying north of the Collier County Regional Library and Orange Blossom Road. ... 6. PUD District (LDC 2.2.20.4): X MI YED v$ê:" . @ Ie), fè \0+ xD Residential 0 Community Facilities xD Commercial 0 Industrial 7. Adiacent zonine and land use: Zoning Land use N PUD Brighton Gardens ALF Housing ADDllcBtlon For Public Hearißl! For PUD Rezone 8/29/03 S AG (CU) Collier County Regional Library Agenda Item No. 8S December 14,2004 Page 30 of 107 .~ E PUD & AG Nurseries and Garden supplies W PUD Residential single family Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book_ Page #: Property LD.#: Metes & Bounds Description: 8. Rezone Reauest: This application is requesting a rezone ftom the Agricultural zoning district(s) to the PUD Planned Unit Development zoning district(s). Present Use of the Property: Wholesale Nursery Proposed Use (or range of uses) of the property: Mixed Commercial and Residential Multi- family . Original PUD Name: N/A Ordinance No. N/A 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commissi;n, and the Plamring 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. . PUD Rezone Considerations fLDC 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. Auulic:atioft For Public: He.rift!! For PUD Rezone 8/29103 _._--~.._.- Agenda Item No. 88 . December 14, 2004 . Page 31 of 107 Recently the BuckJey Mixed Use Subdistrict was created by an amendment to the Collier County Growth Management Plan (GMP), Future Land Use Element(FLUE). This made it possible for the subject property to receive consideration for rezoning to a mixed use commercial and residential development. Rezoning actions consistent with the Comprehensive Plan are presumed to be compatible with surrounding land uses. Relative to the criteria noted above the physical characteristics of the site by virtue of its frontage on Airport Road, a six lane arterial highway makes the property unsuitable for low density residential uses and suitable for high density and commercial uses as encouraged by the BuckJey Mixed Use subdistrict of the GMP. Application of the development criteria contained within the Buckley Mixed Use subdistrict will insure a harmonious interlace with adjacent residential development. Relative to traffic and access relationships the subjects conti~ous location on a major county highway certainly makes the proposed uses the best use of this land. The subject site is served with all essential infrastructure and therefore responds favorably to the requirements for positive drainage, sewer and water utilities and other quasi public 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. To be completed following review of unified control documents. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. A. The subject property is located within the Buckley Mixed-Use Subdistrict. This Subdistrict provides for a specific distribution of land uses and requires a percentage of the allowable residential component to be in place prior to non- residential development reaching a certain threshold. The PUD has been crafted to include these provisions and is therefore in compliance with Objective 1, Policy 5.1 and 5.3 specifically of the FLUE. B. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity and density as required by Objective 2, and Policy 5.5 of the FLUE. C. The project's mixed-use composition is compatible and complimentary to existing and future surrounding land uses as required by Policy 5.4 of the FLUE. D. Proposed improvements utilizing best land use planning practices are planned to be in compliance with Objective 3 of the FLUE. E. The project will be connected to the County's utility system (i.e., sewer and water) and is therefore consistent with Objective 1.5, Policies 1.5.1 and 1.5.2 of the Sanitary Sewer and Potable Water Sub Elements of the GMP. Annllcatlon For Public Hearln2 For PUD Rezone 8/29103 L Agenda Item No. 88 December 14, 2004 Page 32 of 107 F. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub Element. G. At the time of development, the project will be consistent with Policy 1.3 of the transportation element. Airport Road is a six-lane facility and is not expected to function below the Level of Service required to meet concurrency requirements, nevertheless development of the subject land remains subject to concurrency requirements throughout its construction phases. H. In all other aspects, the project development as regulated by provisions of the PUD document shall be in compliance with applicable elements of the GMP. I. The projected intensity and density of this required mixed-use project is in compliance with the FLUE based on the following relationships to required criteria: Criteria Max. IntensitvlDensitv Residential 15 d.u's/ac 343 dwelling units Retail 3,250 s.flac. 74,230 s.f. Office 4,250 s.flac. 97,070 s.f. ProÐosed IntensitvlDensitv 251 dwelling units 74,230 s.f. 97,070 s.f. All other required design elements and criteria of the Buckley Mixed-Use Subdistrict have been included in Section 3 of the PUD document or otherwise illustrated on the Master 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. The PUD regulations have bee~ designed in the manner directed by development criteria contained in the Buckley mixed Use Subdistrict. This criteria was presumably developed to insure that the scale and mass of the proposed development plan is in harmony with the scale and mass of nearby development or as may otherwise be ameliorated by landscape improvements. Development regulations are crafted to insure internal compatibility between uses and massing scale. All of the development criteria contained in the Buckley Mixed Use subdistrict to insure that the project makes the most pleasing visual statement has been built into the PUD regulatory document. These include regulations for architectural uniformity, spatial relationships of buildings to buildings, buffering and screening to insure that adjacent properties aré not adversely affected and to reduce the visual impact of large parking areas. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As required by provIsions of the Land Development Code 30% of the subject property will be set aside as qualifying open space. Auulic.don For Public Dearlm! For PUD Rezone 8/Z9/03 , ._-~--_..".,,-_. Agenda Item No. 88 December 14,2004 . Page 33 of 107 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequacy of public facilities are not a critical factors in determining the timing or sequence of development, notwithstanding the fact that development may be affected at any stage in the development process based on concurrency requirements, unless development plans are vested as provided by rule making. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Development of the subject property is presumed to be appropriate and timely relative to accommodating expansion of the county's land use inventory when said rezoning actions are consistent with the GMP and have met all of the criteria that shapes the character and type of development in relationship to surrounding properties. The regulatory document that comprises the PUD and its associated Master Plan has been crafted to make a positive contribution to the area to which it is being introduced. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The PUD has been crafted to include all of the development emphasis and design Standards contained in the Buckley mixed Use Subdistrict. Having done this is to presume that PUD regulations are justified because when consistent with the GMP they implicitly meet a public purpose to a degree at least equivalent to a 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 Detitions on the subiect DrODertv: To your knowledge, has a pubÌic hearing been held on this property within the last year? If so, what was the nature of that hearing? 11. 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. AUDlle.don For Public Hearlnll For PUD Rezone 8/29/03 - a. A copy of the pre-application meeting notes; Agenda Item No. 88 December 14, 2004 Page 34 of 107 b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and ImmokaleelWater Sewer District, if in Immokalee) ofa 24" x 36" conceptual site plan [and one reduced 8W' x II" copy of site plan], drawn to a maximmn scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPe]; · all existing and proposed structures and the dimensions 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, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimmn 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.). f. Statement of utility provisions (with all required attachments and sketches); ADDlleation For Public Hearinl! For PUD Rezone 8f29/03 ------ Agenda Item No. 88 g. A Traffic Impact Statement (TIS), unless waived at the pre-application m~~~r 31\t~gi . h. 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); 1. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. J. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove tbeir public bearing advertising sign (s) after Îmal action is taken by tbe Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. ÁDDIIC:ldon For Public Hearin2 For PUD Rezone 8129/03 ·'--..-...--- Agenda Item No. 8B PUD REZONE APPLICA TION Dec~~~r 3~\f~gj .SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REOUlRED REQUIRED 1. Completed ApplicationIPUD documents 24* ..7 2. Copy of Deed(s) and list identifying Owner(s) and all 2* V' Partners if a Corooration 3. Completed Owner/ Agent Affidavit, Notarized 2* .V' 4. Pre-application notes/minutes 24* ,; 5. Conceptual Site Plans 24* (, 6. Environmental Impact Statement - (EIS) 4 tI 7. Aerial Photograph - (with habitat areas identified) 5* ./ 8. Completed Utility Provisions Statement (with required 4 vi attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 V ' ' 10. Historical & Archaeological Surveyor Waiver Application 4 V 11. Copies of State and/or Federal Permits 4 V 12. Architectural Rendering of Proposed Structure(s) 4 V- 13. ~Application Fee - "PUD Rezone" = $5000 + $25 per acre ~Data Conversion = $25 DApplication Fee - "PUD to PUD Rezone" = $3000 DData Conversion (pUD to PUD) = $15 Fire Code Review = $150 EIS Review = $1600 - W A..lvS."1::> Check shall be made payable to: Collier County Board of Commissioners . 14. An electronic version of the PUD on a disk as part of the V submittal packet. 15. Affordable Housing Density Bonus Agreement including all 4 V Appendices and Exhibits. .. 16. Boundary Survey (no more than 6 months old) 5 V 17. OTHER REQUIREMENTS: /'""'\ ... Documents re1td fei Long-Range Plamúng Review *1 additional copy iffor affordable housing . As the authorized gent/¡ pplicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal )ackage I understanc¡\that failure to include all necessary submittal information may result in the delay of J"oc...ing tIris ~\\. \ \ 1_ () ~ \ 1\ '\ -11... 0 ;.. t1 ~ ~en17 Ãpplicãrl.i Signature Date ,- ADDlication For Public Hearln!! For PUD Rezone 8129/03 " ,,~-«"'---_..., ..-.-- Agenda Item No. 8B AFFIDA VIT December 14, 2004 Page 37 of 107 .We, the Land Development Group, LLC, beingfirsi duly sworn, depose and say that we are the contract purchaser of the property described herein and which is the subject of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to a made a part of this application, are honest and true to the best of our knowledge and belief We understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As contract owner, we further authorize Vanasse and Daylor, UP to act as our representative in any matters regarding this Petition. As contract owner, we further authorize Goodlette, Coleman & Johnson, P.A. to act as our representative in any matters regarding this Petition. /! /j -- . . 'y< / r1 ----- '" 1/ ;.h).f}i·Z¿·---- Sigr;aiu51e of Contract Purchaser Signature of Contract Purchaser y / V Josevh E. D 'Jamoos, Mana~inJ! Member Typed or Printed Name of Contract Purchaser Typed or Printed Name of Contract Purchaser ThefQLf?going instrument was acknowledged before me this 2.?JL'. day of l&..tL4lu"-' 200L by .J CS t¡Jh V .:J ~ 0'> who is personally known tQ me or has produced as identificatio,!. F~.Y. ~~t> LOAI D. 00IfW) ...'W. . MY COMI.IISSION . DD 252321 "~lt EXPIRES: May 1, 2005 ~>t OF "r1-~ BOIIded Thru B~t Nøllry Semen State of Florida County of Collier XilM' ~.~J- (Signature of Notary Public - State of Florida) LDr<" u. CI7¡¿d-d Print, Type. or Stamp Commissioned Name of Notary Public) . __H..___ -...-- - Agenda Item No. 88 December 14, 2004 Page 38 of 107 ,- A.FFIDA. JIlT Well. 'T'H()M~ ~ 'F. õ BUCKLEY being first duly sworn. depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information. all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form. whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete. and all required information has been submitted. As property owner Well fUrther authorize v r- I\Tla ~ ~ F. n ~ VT. crR our/my representative in any matters regarding this Petition. to act as ~~~ eß~£& Signature of Property Owner r- Signature of Property Owner THOMAS E. BUCKLEY Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 24 by THOMAS E. BUCKLEY who is personally known to as identification. day of October . 200~ or has produced (Signature of Notary Public - State of Fl ..~~ JOYCE A. NOY A ~ . .ß MY COMMISSION fþ DD 045092 ""to,,,,f;¡~ EXPIRES: AU8U1120.2005 1-8OC»-NOTAAY 1'1. NCIUIy StIM8t "oneil tnc. (print, Type, or Stamp mmisslonéd Name of Notary Public) . State of Florida County of Collier ADallcaØoa 'er hhlle A_rl.. lor PUÐ RezoDe 112'103 e···___ Agenda Item No. 88 December 14, 2004 Page 39 of 107 ·AFFIDA VIT We/I, _H.M BUCKLEY III being first duly sworn, depose and say that we/I am/are the owners of the property described herein and·which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information. all slœtches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize VANASSE & DAYLOR to act as our/my representative in any matters regarding this Petition. Signature of Property Owner HM. BUCKLEY, ~ ~.13Vcj(l~ yped or Printe Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this /2 ~ day of :r 1'1"""'1f~ y , 200 ~ by II.,.,. IJN~KI.E." 7Jr who is personally known to me or has produced as identification. State of a" ¡d<,. :zu.:z""IÞ.S~ County of ~. /~~.,.., (Signatu e of Notary Public - tate of ~(l) Z(t.Z-D~J (Print, Type, or Stamp Commissioned Name of Notary Public) OFFICIAL SEAL DOUGLAS B. BUCKLEY NOTARY PUBUC, STATE OF IWNOIS MTV ~MMISSlON EXfI RES 8-29-2005 G1DOClIME-1\OOUG¡.A-PJ,OCOLS' r,T6IIÌpW'FlDAVlT>UI BUCKl.EYcJoc [ Agenda Item No. 88 December 14,2004 Page 40 of 107 AFFIDAVIT Well _DONALD E. BUCKLEY being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the d isclosure of interest information, a II sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be 'complete and accurate and that the content of this form, whether computer generated or. County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize VANASSE &DAYLOR to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner DONALD E. BUCKLEY J)Ot'1~IJ E.:BLKJ~Y Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 12 ~ day of ;r~~ r ' 200 £.., by I';),~ E. dlt/cl<t£ t' who is personally known to . me or has produced as· identification. State of~. ¡do .zt.l..:t~J County of Q.JJJJ!y ~"....",...,,.... (Signature óf Notary Public - Stat FJœ:idrl.) ;~z.1 (Print, Type. or Stamp Commissioned Name of Notary Public) 'OFFIOIAL SEAL . DOUG1.AS B. BUCKLEY NOTARY Pl!8Uo. STATE OF IWNOIS MY COMMISSION bJIIRES 1·28-2005 ""...............~ ,,_... G\DOCUMé·I\DOUGtA-1IL.OCAL&-I\T.",pIAFI'IOAVlT DONALD E 8UCKLEY.cfÐc ~ ......_._~-- ",..-----'-"'...-~ Division of Corporations Agenda 1?~q.fu.ot~ December 14,2004 Page 41 of 107 Florida Limited Liability LAND DEVELOPMENT GROUP, L.L.C. I... PRINCIPAL ADDRESS 9130 CORSEA DEL FONTANA WAY NAPLES FL 34109 Changed 05/05/2003 MAILING ADDRESS 9130 CORSEA DEL FONTANA WAY NAPLES FL 34109 Changed 05/05/2003 Document Number L02000016078 FEI Number 043697548 Date Filed 06/26/2002 State FL Status ACTIVE Effective Date NONE Total Contribution 0.00 .... . .'.".,... ,.".-." e glstere .gent I Name & Address I D'JAMOOS. JOSEPH E 9130 CORSEA DEL FONTANA WAY NAPLES FL 34109 I Address Cbanged: 05/0512003 I R dA .... M 1M b D tal anager em er e 1 I Name & Address II Title I D'JAMOOS. JOSEPH B B 9130 CORSEA DEL FONTANA WAY NAPLES FL 34109 ¡.-..'"'..., . .. ... .-.- ,---_.". http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&nl =L02oo0016078&n2=NAMFW... 6/11/2004 Division of Corporations - Agenda 1?~Pis December 14,2004 Page 42 of 107· I Report Year II Filed Date I I 2003 II 05/0512003 I I 2004 II 04/2812004 I Annual Reports - ..... .... er~vigµ$¡=inng.,., .1 ·....J~~j\ti.6:~9<q~.,'.i¡ No Events No Name History Information ·Ni:JxtFllì~ig. I ''¡':'':''''''"',''.:',-ð", ,.,." Document Images Listed below are the images available for this filing. I:;:_~NNU~~: 05/05/2003 -. A: RE~IF~~. B~S REP 06/26/2002 -- Flonda Lutl1ted Llab1l1tes THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&nl =L020000 16078&n2=NAMFW... 6/11/2004 Division of Corporations Agenda K~eJo~!~ December 14, 2004 Page 43 of 107 Foreign Profit H. M. BUCKLEY & SONS, INC. PRINCIPAL ADDRESS RR 6 MEADOWBROOK RD POBOX 1237 SPRINGFIELD IL 62705 Changed 03/29/1991 MAILING ADDRESS RR 6 MEADOWBROOK RD POBOX 1237 SPRINGFIELD IL 62705 Changed 03/29/1991 Document Number P10315 FEI Number 370872914 Date Filed 06/03/1986 State IL Status ACTIVE Effective Date NONE Last Event NAME CHANGE AMENDMENT Event Date Filed 05/1 0/1993 Event Effective Date NONE Re istered A ent Name & Address BUCKLEY THOMAS E 7S01 NORTH AIRPORT ROAD NAPLES FL 33942 Name Clanged: 03/2511993 Address Changed: 03/2S/1993 .... - .~ -.. -. ,.. ~ '.' -,' ., - .... Officer/Director Detail Name & Address II Title I I~ BUCKLEY, HARRY M.,III SO S MEADOWBROOK RD http://www.sunbiz.orglscripts/cordet.exe?al=DETFIL&nl =Pl 0315&n2=OFFFWD&n3=O... 6/11/2004 I SPRINGFIELD IL.62707 II I BUCKLEY, DONALD E. e:] 1931 CARDINAL DRIVE SPRINGFIELD IL BUCKLEY. DONALD E. G ] 93 I CARDINAL DRIVE SPRINGFIELD IL BUCKLEY, THOMAS E. e:] 1900 TILLER TERRACE NAPLESFL BUCKLEY. ILEUS N. [J 34 TURNBERRY SPRINGFIBLD IL Agenda h~~eJo?!~ . December 14,2004 Page 44 of 107 Division of Corporations nnua epo s I Report Year II Filed Date I I 2002 II 05/1712002 I I 2003 II 04/2812003 I I 2004 II 0510512004 I A lR rt Prevl()us Filing , Ret~1TI ,tØl.J~t. '\ Y~w_EY~nl~ Yi~w.N ame History .;~èx:t filing '.- .'-~ Document Images Listed below are the images available for this filing. 05/05/2004 -- ANNUAL REPORT 04/28/2003 -- ANN REPIUNIFORM BUS REP 05/17/2002 -- COR - ANN REPIUNIFORM BUS REP 06/08/2001 -- ANN REPIUNIFORM BUS REP 04120/2000 -- ANN REPIUNIFORM BUS REP 01/27/1999 -- ANNUAL REPORT I02124/1Q98 -- A~-~' .. 05/0111997 -- ANNUAL..REf.OJil 03/20/1996 -1996 ANNUAL REPORT TIDS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .._., ... "'_""'W' ...._...~·_'"~4........_'·~" ,,,..,_...,- ..~_"..,,,..."'~' ,.._.' .___~<,",. ._. ,,_,.... '.' ,_...,........~__.~. ·....N ,'. ,._... _." ".""'''''~,.''_' .-.,~.,."... ...~.- ,... .,,- http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&nl=P 10315&n2=OFFFWD&n3=O... 6/11/2004 Division of Corporations Agenda ft~~eJo~ê~ December 14, 2004 Page 45 of 107 Florida Profit H. M. BUCKLEY & SONS, WHOLESALE FLORISTS, INC. PRINCIPAL ADDRESS 7501 AIRPORT & PULLING RD. NAPLES FL 33940 '-... MAILING ADDRESS 7501 AIRPORT & PULLING RD. NAPLES FL 33940 Document Number 536524 FEI Number 591754001 Date Filed 06/0711977 State FL Status INACTIVE Effective Date NONE Last Event INVOLUNTARILY DISSOLVED Event Date Filed 12/16/1981 Event Effective Date NONE Registered A~ent Name & Address BUCKLEY, TOM 7501 N. AIRPORT RD. NAPLES FL 33942 ~.... I Name & Address II Title I BUCKLEY. HARRY M. II [J 3000 GULF SHORE BLVD. NAPLESFL BUCKLEY, H. M. 1II D 3000 GULF SHORE BLVD. NAPLESFL I BUCKLEY, TOM Ir-:l 3000 GULF SHORE BLVD. Officer/Director Detail http://www .sunbiz.orglscripts/cordet.exe?al =D ETFIL&n 1 =5 36524&n2=OFFFWD&n3=O... 6/11/2004 Division of Corporations Agenda ~~~e~o?~~ December 14, 2004 Page 46 of 107 .,'- II NAPLES PL II Ir t,,·~.· .... nnua epo s I Report Year II Filed Date I I 1978 II 06123/1978 I I 1979 II OS/21/1979 I I 1980 II 02125/1980 I A lR rt ,PrevióÚ!i:Flling J "" RetllnitQl.ist' Next Filing I ViewE:veº-~ No Name History Information Document Images Listed below are the images available for this filing. ~INO images are available for this filing. It THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT '..,. - http://www .sunbiz.org/scripts/cordet.exe?a1 =D ETFIL&n 1 =5365 24&n2=OFFFWD&n3=O... 6/11/2004 .~ "'-~"'~""'--'-"----- ~,_.-_.,",,~.~~---,-- ..', Details 00238120008 MIIR Agenda ~é\itNbqfB December 14,2004 Page 47 of 107 BUCKLEY III, HARRY M DONALD E BUCKLEY THOMAS E BUCKLEY 7501 AIRPORT PUlUNG RD N NAPLES State Fl ZI 34109.1720 Legal 2 49 25 N 1/2 OF FOll: COMM NE CNR SEC, S 1589.89FT, W 100 FT TO RIW U SR 31. POB S ALG RIW 1989.05FT,W 500.33FT "For more than four lines of L al Desert tJon lea.. call the Pro e Acree 11.42 Strap No. 492502 043.0004A02 Section 02 Sub No. I -'e Use Code ~ 100 69 I -t MI~:' Area I .." Mlllaae 13.1244 ~ AGRICULTURAL 2003 Final Tax Roll Values S 913,600.00 S 209,757.00 S 1,123,357.00 S 892,701.00 S 230,656.00 $ 0.00 Date I Latest Sales History ß Book - Page Amount I11III The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetai1.asp?F olioID=OOOOOO023 8120008 6/11/2004 Details Agenda fé\8~b.Qfa1 December 14, 2004 Page 48 of 107 Folio NO.~ 00238360004 _ II liliiii Current Ownership Property Add.....1I7501 AIRPORT RD N Owner Name BUCKLEY, ILUES M Addre.... % TOM BUCKLEY 7501 AIRPORT PULLING RD N City NAPLES I StateD FL R Zløl34109 ·1720 leg.1 24925 S1/2 OF FOLl: COMM NE CNR SEC 2,S 2DEG E 1589.69FT, N 89 DEG W 100.08FT POB,S 2DEG E 1989.05FT,S 89DEO W 500.33FT "For more than four line, of Legal De,crlptlon plea.e call the Property Appraiser's Office. Section 02 Ac.... 11.42 Map No. 4A02 Sub No. I ~ Use Code n -t Mlllaae 13.1244 100 69 ~ AGRICULTURAL I ~ MI~;;' A.... 2003 Final Tax Roll Values Latest Sales History Land V.lue S 913,600.00 . f+) Improved V.lue S 51,553.00 (-) Market Value S 965,153.00 H SOH Exempt Value $892,701.00 fa) As.e..ed Value S 72,452.00 t-) Home.tead and other Exempt Value S 0.00 (-) Taxable Value S 72,452.00 Date Book· Page ~ Amount SOH = 'Save Our Homes' exempt value due to cap on assessment increases. - The Information is Updated Weekly. "........-- http://www.collierappraiser.comlRecordDetail.asp?F olioID=OOO000023 83 60004 6/11/2004 J.~I J.OI U.J U1U J.¡¡: ~3 I'A1 :. .- ~ ~oo:¿ Agenda Item No.8 December 1{ 200 . . Page 49 of 10 ,.... ........- - .........., ... ,. 1Øanutg .1- ..... L ........ -....-.. ....... ---. - ... -- ..... ~~". -Mode'" "87'~~ ILEUS t¡. BUCICLEY. 1udJ.viðu&lly &Qd the Est:ate of B. H. BUCItLEY ~d 1HOMÂS E. BUCItEY. as 'er.DDal r...ntat ve of the E.~.te ofHa~ K. J'i.~JI.cë:itier ... Flc Ua . ..--. ..... HAJl.Ja K. B~. 111, DONALD E. BE.: I and 0lUS E. BUCKLEY co-partners doi.Q.g buaineu under the fina name d 8tyle 0 Buckley Enterprb.. ....... .... eM. ...... II 7501 Iforl:b ~t'poE'C It.o r 0 ~.pl.., Fl r1da 33942 þ 01 .... c:...., fIf Co1l1.r . ~ ., FlaX' de . ........ WIh-_~ no...w....-............. ~ _ _ _ ef TEQ aDd ~/~OO------------__~~J __________,____________________ ~ ....d ..... .... .... ....... _"'11" l1li_ to ... 1ft ...... poid ..... ......... the ....... ......... It ......., vd- oJ .~ A. .... ......... ......... fIft4 ..w ... ... .-.. ... " ~ -.I ....... -..-. ... ........... ~.... ....,.......... ... CollJ. . c.v...,. rso.w.. '-'It. . l.t. See .1:tachað. 1_18.1 d.acX'1.pt1on ;1 '164582 01: 2300 PG: 1998 II .-nca __ If CIII4Da -.r, II 1& ":I",,, I. ... GIS - ...... DC .. II.. ".ff Jut.. -' .... ........ ... ~ fwIr ....... .. .... lit.. ; ..... ....A~~ __ · ~ and ........ _ -.I .. .Ib-- ~ 0...- No ........ -_...~~- ~~~- l~A~~~~ STATE Of E1.ŒJDtL COUNIY Of' tnI TÇ I HEEIY CERTIfY that till ... day ...-.. _. _ ~ ~ .~ ... ...... - E. .....,.,.. .. ......... ~t of me '" II> - "- to boI .... ~ ~ In acwJ .... ..... r..NQCIÏng ... -.........-. wnNESS ..., loa.... ond .,.., ..or 1ft .... County ..... s.- ~ !W, '" 8'JII . . - _ . ~- "'w@©~ ~Wù@~@ ~~~::'P~:~:: :o:,:~:.PL ..'.....·.0....... "..."j, ...., 1 .l .... - ..... .. ...."" ..... ., till -' .... .., ond ~, I,.. oa-.. ....t"". ~ CSeoI\ ($Mft ($eaI .... _..-i d. ~JL"" ...... ~....-, .. of Barty K. Budtl.ay ond ...:IL...._. -'a f ~ _ that ~~ ~t\~~~\ PUDZ-2004-AR-5220 . PROJECT #2003090040 DATE: 1/23/04 FRED REISCHL 12/18/03 THU 15:24 FAX Agenda Item No. al003 December 14, 2004 01: 2300 PG: 19" - Page 50 of 107 oa ... STAn OF :tLt.DlOXS coWrY OJ' ~t\J4.nJ ~ t bEUBY CEUt" thaI: aD cb. . day balo a me. aD oflf.eel: duly qualf.ff.ed to caka aCkDowlac!sm&D'C . per.ouel y appearad l1eua N. Buckl.,.. 1D.cUvt.c!I.I&11Y &Ad as Exa tor ot ¡;.c:.c. of It. K. Buckley co 1118 known to be. tha p-ar.oD d...1 r1b.d. in 4 ¥bo executed the fore- ¡aiq W'arrAl\ty Deed ani! acknO'rlesecS 1>.£or. me thee abe executed met aema. I: WI.T1ŒSS ø:r ba~d and offici. .ed in . Coun. t{ð ~ca~. 1.at: ~or...1d chi. I~ "7 of I ~IJT I (SUI.) I Expi.r_. ; I 11 I ! , i ! ! I; ~. "" ~FFJCIAL SEAL" . -.- --.. ......., .... .. ..... _ 1: 1 h ......... ,,.. ...'.'.'!. II I I , pescriptionl Collier,FL Document-Sook,PAge ~300.¡99 PAge, 3 o~ 3 ........ L...I _~ ..........,.,..,...... Nf' ....w. _ - ......~ ~ ............ ---..... I~ ""'10 ,i (,. Agenda Item No. 88 December 14, 2004 Vanå~§~1. Daylor . December 16, 2003 Urban Planning Landscape Architecture Plnß~2004-AJl-S220 , PROJECT #2003090040 DATE: 1/23/04 Mr. Fred Reischl, AICP FRED REISCHL Principal Planner CUlTent Planning Department Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida, 34104 Civil Engineering Traffic Engineering EnYÌronmental Science FL 366 RE: Application For Public Hearing For Buckley Mixed Use Planned Unit Development (MUPUD) Rezoning, 5220 Airport-Pulling Road, Naples, Florida Dear Mr. Reisch!: Please find enclosed our rezoning application for property referenced as the Buckley Mixed Use district based on the Future Land Use Element (FLUE) of the Growth Management plan (GMP). The Planned Unit Development regulatory document and the Master Plan have been crafted and designed to incorporate all of the design parameters required of the Buckley Mixed Use district as described in the FLUE. It should be noted that while the Buckley Mixed Use Subdistrict allows the applicant to apply for 15 dwelling units per, and thus would allow us to construct 243 dwelling units, are requesting a maximum of 251 dwelling units for a project density of 11 dwelling units per acre. This decision on our part is the result of an agreement with adjacent property owners and constitutes a settlement agreement that should set aside cUITent litigation regarding the approval of the Buckley Mixed Use Subdistrict amendment to the Comprehensive Plan. Internal development standards are established to promote a traditional urban design environment. This is accomplished by essentially establishing a space between buildings regulation and dispensing with traditional setbacks from streets. In all other respects, our Master Plan is consistent with provisions of the Land Development Code particularly as this relates to the requirement for a minimum of 30% open space for mixed-use projects. The site does not contain any native vegetation, and consequently the provision for native vegetation retention does not apply. We have been particularly sensitive to the concerns of residents of Emerald Lakes residents and to that extent we have included in our design of the Master Plan a detail that illus1rates how there will be no ability on the part of Emerald Lakes residents to view any building sky line on the Buckley Mixed Use PUD site. Additionally, provisions of the PUD specifically contain regulations that were agreed to by a settlement agreement between Emerald Residents Association, Inc. and ¥ Buckley Enterprises as interveners. /,1Ptojoc:I¡\606\8068n~lrIItl$JftllJal/elltr.rJoc 12730 New Brittany Boulevard, Suite 600, Fort Myers. Rorida 33907 T 239,437.-4601 ,239.437..04636 w vanclay.com Fort l1yen . Naples L ,M Agenda Item No. 8B December 14, 2004 Page 52_ ~. We hope your review will reveal that we have presented your office with an innovative mixed-use project that will serve as a benchmark for future projects to strive to emulate. cc. Scott Klein J.E.D. ofS.W. Florida ,- I~Pro¡ec/sI8ON068~onll1!/WJØk/J/lollI""lõInltlaf IoIlW.ctoc ,-- I Agenda Item No. 88 December 14, 2004 Vanåsrè3_ Daylor . June 30, 2004 Urban Planning Landsape ArchítectlJrI! Civil Engineering Traffic Engineering Summary Notes from June 29, 2004 NIM for Buckley Mixed Use Application Environmental Science Fred Reischl opened the meeting at 5.30 PM.. He explained the purpose of the meeting Fl 366 and laid out a sequence of events, under which interested parties will have other opportunities to affect the outcome of the petition for the Buckley Mixed Use Zoning District. Richard Yovanovich, representing the applicant, gave a description of the project and noted that the development plans are responsive to a legal settlement agreement that was the outcome of a lawsuit filed by the Emerald Lakes PO A. He further noted, that a proj ect summary was made available to all attendees and that they could discern ITom this summary specific design components of the master plan. Representatives of the Lakeside POA expressed concerns over the conflicts that will be created by turning movements ITom various entry points and in particular the resulting impact to the turn lane configuration at the main entrance to Lakeside and the project. Emerald Lake property owners expressed concern that housing is not for affordable income households. This question was answered by several members representing the applicant, each of whom gave assurances that housing would be beyond the reach of that considered appropriate for affordable housing. There was also concern addressed over the degree of view blockage that would be established along the west boundary. They were advised that a wall and benn would be constructed along the west boundary within an additional20-foot buffer. This will effectively block the views of Emerald Lake residents at street level. The height of the areca palms is such that Emerald Lake residents should not be able to see building structures on the property. Sid Showalter, a resident of Emerald Lakes, expressed concern that a three story building would not be compatible with the one story homes parallel and contiguous to the project's west boundary and challenged the veracity of the graphic illustration that showed a line of sight that prevented the view of any buildings. Two property owners representing Emerald Lakes POA recounted the process leading to the legal settlement agreement and indicted that the plans presented this evening were entirely consistent with the agreement and Emerald Lakes POA should embrace the plans and not object. The meeting was concluded at 6:30 PM. 1.~~30.MMdoc.doc 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 December 14, 2004 Page 54 of 107 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST 1. NAME OF APPLICANT: Land Development Group. LLC 2 . MAILING ADDRESS: 9130 Corsea del Fontana Way CITY Naples STATE Florida ZIP 34109 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 7501 Airport Road. Naples. Florida 4. LEGAL DESCRIPTION: Section: 02 Township: 49S Range: 25E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: See attached Ie2al description 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM r8J b. CITY UTILITY SYSTEM . 0 c. FRANCmSED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 .. 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) r8J D D D ,.-- Auullc_don For Public He_rln!! For PUD Rezone 8129/03 -..---...- Agenda Item No. 88 ,. December 14, 2004 Page 55 of 107 7. TOTAL POPULATION TO BE SERVED: 1051 (residentiaI+off"lCe+retam 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 218.588 end B. SEWER-PEAK 245.868 2Dd AVERAGE DAILY 87.435 2nd AVERAGE DAILY 70.248 2Dd 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Januarv.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 afiluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided ftom tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system. written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable. the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting. if the project is to receive sewer or potable water services iTom any provider other than the County. a statement iTom that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/fJ7 ADDlIcation For Public: Hearlnl!' For PUD Rezone 8/29/03 - - Agenda Item No. 88 V December 1~ ana~!e5 .... Daylor L -ri'_ ~zc.. ~,2003 Urban Planning landlc¡pe Architecture Civil Engineering Traffic Engineering Environment¡ Science Ms. Barbara S. Burgeson Sr. Environmental Specialist .. Planning Services Department 2800 N. Horseshoe Dr. Naples, FL 34101 FL 366 RE: EIS Waiver Request, Buckley Mixed-pse PUD Airport-Pulling Road, Naples, Florida. Dear Ms. Burgeson The above referenced property consists of the existing Buckley nursery on the west side of Airport-Pulling Road, just north of Orange Blossom Road, that includes 22.± acres of land. A copy of an aerial photograph is enclosed with the boundary of the property shown as well as an indication of FLUCCS information. As the aerial clearly shows there is no native vegetation on the property or trees of special significance. Neither are there, any wetland associations with the property. We respectfully request a waiver of the requirement to submit an Environmental Impact Analysis with our proposed application to rezone the property to a R TPPUD zoning classification. We will subnùt an aerial map showing FLUCCS indicators and soil characteristics. It should be noted th~t all of the property is in an X zone for flood purposes. will appreciate your expeditious processing of this request. .. ,- 1.\PIvifCtIIB0NC6BJ\ZØllfilgIE/S w..."'" L'/Itf,dcc 12730 New Brittany Boulevard, Suite 600, Fort Myers. Florida 33907 T 239.'137,460 I F 239.'137.4636 w vanday.com Fort Hym . Naples Agenda Item No. 88 Dece_mber 14 2004 . Vanasse - 7 Daylor - -= TRAFFIC ANALYSIS AND ISSUES BUCKLEY PARCEL November 26, 2003 PUDZ-2004-AR-S220 PROJECT #2003090040 DATE: 1/23/04 FRED REISCHL BUCKLEY PARCEL Airport Pulling Road & Orange Blossom Drive Naples, Florida Prepared By: Vanasse & Daylor LLP Job # 80685.10 : 12730 New Brittany Boulevard, Suite 600, Fort Hyers, Florida 33907 T 239.437.460 I f 239.437.4636 w vanday.com J. STATEMENT OF CERTIFICATION Agenda Item No. 88 December 14, 2004 Page 58 of 107 I certify that this TRAFFIC ANALYSIS 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. I ø_· Reed Jarvi P.E. Florida Registration #40156 VanasseDaylor, LLP 12730 New Brittany Boulevard, Suite 600 Fort Myers, Florida 33907 (239) 437-4601 Collaborators Randy Spradling, Nelson Galeano. Jim Palmer. __ _ __u__ ._ Agenda Item No. 88 December 14,2004 Page 59 oU 07 Table of Contents INTRODUCTION AND SU1vß1AR Y ................ ........ ........... ......... ........... ......... ........................... 1 . PROPOSED DEVELOPMENT........................... .................................................. ................ ......... 3 EXISTING AND PROPOSED LAND USE ....................................:......................................... 3 AREA CONDITIONS. ........................................................ ................ ...... ......... .................. .......... 3 . . SITE ACCESSIBILITy....................................................................... ....................................... 3 PROJECTED TRAFFIC ....... ..... ..... ............ .............. ........... ........ ... ... .......................... ............. ...... 5 PROJECTED TRAFFIC ....................... ......... ....... ........... .................... .................... ......... .......... 8 ANALySES.......................................................................... .......... ............... ......... .:..:................... 9 CAPACITY AND LEVEL OF SERVICE ................................................................................. 9 SITE ACCESS............... ;.............................................................. ...... ........... ............. .............. 11 TRAFFIC ThfP ACTS..................................................................................... ...........:............... 12 Th1PROVEMENT ANALYSIS .... .......... ......... ...... .... ........................... ......................,......:. ......... 12 ,CONCLUSION.. ....... ......................... ......................................................... ........... ....................... 13 Buckley Parcel Page i Table of Contents ---_.---_.~ Agenda Item No. 88 Decernber14, 2004 Page 60 of 107 '.-". INTRODUCTION AND SUMMARY VanasseDaylor is providing this Traffic Analysis and Issues Study for the Buckley Parcel. The purpose of this study is to provide to the Collier County Transportation Operations Review Department adequate information to show assuring that the traffic-related problems are anticipated and that effective mitigation measures are identified. The Buckley Parcel is located on the west side of Airport Pulling Road just north of the County Regional Library in the Collier County (see Exhiþit I-A Location Map). The site is approximately 23 acres in size and is currently used as a nursery. The projected intensity and density of this required mixed-use project is in complianQe with -the - Future Land Use Element (FLUE) based on the following relationships to required criteria: 1- Criteria. Residential 15 d.u'slac Retail 3.250 s.flac. Office 4,250 s.f/ac. Max. Intensi~/Densi~ 343 dwelling units 74.230 d. 97,070 sJ. Proposed Intensi~/Den5i~ 2S I dwelling units 74.230 s.f. 97,070 5J.* (* with 25% for Medical Office) The project's impacts are significant on Orange Blossom Drive west of Airport-Pulling Road westbound, Orange Blossom Drive east of the project, Airport-Pulling Road north of the project and Airport-Pulling Road south of Orange Blossom Drive southbound. (Greater than 3% of the LOS Standard), and none of the segments in the vicinity of the project are adversely impacted (LOS below standards). Following improvements are recommended on Airport-Pulling Road at: Pii9 Orange Blossom Drive: Dual left turn on eastbound approach. .. Pii9 Project Main Entrance: Full-movement signalized intersection. Maintain the existing northbound left turn, and the addition of a 185 foot (including a 50 foot taper) southbound exclusive right turn lane. Pii9 A 185 foot (including a 50 foot taper) southbound exclusive right turn lane at the Project North Access. Buckley Parcel Pale I 1:\Projeas\806\8068S\Traffic\80685TAlOO4.doc Agenda Item No. 88 December 14, 2004 Page 61 of 107 PROPOSED DEVELOPMENT EXISTING AND PROPOSED LAND USE The Buckley Parcel is located on the west side of Airport-Pulling Road just north of the County Regional Library in Collier County (see Exhibit I-A Location Map). The site is approximately 23 acres in size and is currently used as a nursery. The proposed Land Use for the site includes Retail Uses at 3,250 sf per acre (LU 820: 74,230 SF), Office Uses at 4,250 sf per acre (LU 710: 72,803 SF and LU 720: 24,268 SF), and Multi- Family Uses at 11 DU per acre (LU 230: 251 DU), based on total acreage. AREA CONDITIONS SITE ACCESSIBILITY Area Roadway System Airoort-PulJina Road Airport-Pulling Road in the vicinity of the project is a six-lane divided arterial. It is under county jurisdiction and has a speed limit of 45 mph. Oranae Blossom Drive Orange Blossom Drive in the vicinity of the project is a two-lane undivided collector. It is also .. under county jurisdiction, and has a posted speed limit of35 mph. TRAFFIC VOLUMES Average growth rates were estimated for every segment of the arterial and major collector roadway network in the study area using 1998 to 2002 historical traffic volume data published by Collier County. These growth rates ranged between 3.9% for Airport-Pulling Road and 12.6% Buckley Parcel Pille 3 1:\Projec:ts\806 \8068S\T raflìc:\8068ST AIOO4.doc: Agenda Item No. 88 Decernber14,2004 Page 62 of 107 ,- for Orange Blossom Drive. VanasseDaylor considered that these high growth rates will not continue due to the construction of Livingston Road, Goodlette-Frank Road and improvements on Vanderbilt B each Road. VanasseDaylor reviewed available data and model projections to estimate background and future traffic volumes for the study area. Data used came from the 2005 Financially Feasible Florida Standard Urban Transportation Model Structure (FSUTMS), Collier County Transnortation Planning D~artment 2002 Traffic Count Report and Florida Department of Transportation (FDOT) Florida Traffic Information 2002. These data were used to develop an average growth rate for use in projecting traffic volumes on the study area network. Table I presents the projected Average Daily Traffic volumes that are' derived for this study. Appendix A contains the methodology used in this study to derive the growth rates. Table I PROJECTED TRAFFIC VOLUMES - 2008 ADT Average 2008 Airport-Pulling Road N of Orange Blossom Drive Livingston Road N of Orange Blossom Drive Goodlette-Frank Rd. N of Orange Blossom Drive US 4 J S of Vanderbilt Beach Road 1·75 N of Pine Ridge Road 51,900 22,500 19,700 49,200 53,700 COMMITTED ROADWAY IMPROVEMENTS Roadway improvements that are currently under construction or are scheduled to be constructeã. within the next three years were considered to be conunitted improvements. These were identified in the Collier County Transportation Improvement Plan and Florida Department of Transportation FDOT Adopted ~ork Programs for Collier County. Fiscal Year 2002/2003- 2007/2008. Roadway improvements are committed for construction in order to help alleviate current area road deficiencies and to support future area development. Buckley Parcel Pale 4 J:\Pro ec:u\80 6\B06B5 \Trafflc\B068ST AlOO<l.doc ~..-^"~., '''<~'''"''-'' O"~'-"'""_"'~_~_'___~_>_L'''_ Agenda Item No. 88 December 14, 2004 Page 63 of 107 The committed improvements in the area include: A) Goodlette-Frank Road four-lane expansion from Pine Ridge Road to Vanderbilt Beach Road in 2004; B) Livingston Road construction of a six-lane arterial in 2003 from Pine Ridge Road to Vanderbilt Beach Road, and from Vanderbilt Beach Road to Immokalee Road in 2004; and C) Vanderbilt Beach Road six-lane expansion from Airport-Pulling Road to Logan Boulevard in 2004. PROJECTED TRAFFIC TRIP GENERATION Site-generated trips were estimated using Institute of Transportation Engineers (ITE) Trip Generation (6th Edition), in accordance with the cUITent Collier County policy. The following trip generation fonnulas were used, and the trips generation res~ts are shown in Table 2: Multi-family (LU 230): ADT: Ln (T) = 0.850 Ln (X) + 2.564 AM Peak Hour: Ln (T) = 0.790 Ln (X) + 0.298 PM Peak Hour: Ln (T) = 0.827 Ln (X) + 0.309 Shopping Center (LU 820): ADT: Ln (T) = 0.643 Ln (X) + 5.866 AM Peak Hour: Ln (T) = 0.596 Ln (X) + 2.329 PM Peak Hour: Ln (T) = 0.660 Ln (X) + 3.403 PASS-BY T=% Ln (T) = 0.291 Ln (X) + 5.00 I Genera! Office Building (LU 71 Q) ADT: Ln (T) = 0.768 Ln (X) + 3.654 AM Peak Hour: Ln (T) = 0.797 Ln (X) + 1.558 PM Peak Hour (Average Rate): T = 1.49(X) Buckley Parcel Pa¡eS 1:\Projecu\806\8068S\ T raffic\8068ST AI004.doc ---.----------- ~ Agenda Item No. 88 December 14,2004 Page 64 of 107 Medical Office (LU 720): ADT: T = 40.892(X) - 214.97 AM Peak Hour: T = 2A3(X) PM Peak Hour: Ln(T) = 0.921 Ln(X) + 1.476 Table 2 PROJECT TRIP GENERATION (Mixed Land Use) AM PM Land Use AQI flak .Eam œ f.uk ~ hI1. MultI-Family (LU 230): 2.5 I DU 1,423 106 18 B8 131 BS 43 Office (LU 710): n,B02 SF 1,040 145 127 1'7 lOB 18 90 Medical Office (LU nO) 24,26B SF 777 59 47 12 83 22 60 Retail (LU 820): 74,230 SF 5,628 134 B2 52 516 248 268 Totals 8,869 40 274 169 838 376 462 , Since the proposed development will have dissimilar land uses, a percentage of the site- generated traffic will be captured by the land uses inside the development and not be introduced to the external roadway network. Internal capture trips were estimated using rate and summary sheets shown in the ITE Trip Generation Handbook An ITE 'Recommended Practice (see Appendix B). In addition, the retail land use will capture pass-by from the adjacent traffic stream on Airport - Pulling Road. The ITE Trip Generation Handbook An ITE Recommended Practic~ was used to determine the Pass-By Capture reduction of 42% (see Appendix B); however, Collier County Staff suggested using a lower Pass-By Capture reduction of 25%. Table 3 presents the resulting PM Peak Hour net external site-generated trips. Table 3 NET EXTERNAL PM PEAK HOUR SITE-GENERATED TRIPS 8~hrcel Page 6 .. PM Peak Enter Exit 131 B8 43 -55 -32 -23 108 18 90 ·15 -7 -3 83 22 60 -16 -8 -3 516 248 26B -74 ·33 -41 ·110 -54 -57 568 243 325 I :\Projecu\806\806B5\ Trafflc\806BST AI004.doc J.aosl...Ua Multi-Family (LU 230): Mixed Use Internal Capture Office (LU 710): Mixed Use Int.-nil Capture Medical Office (LU nO) Mixed Use Internal Capture Retail (LU 820); Mixed Use InternaJ Capture Passby Capture 25% 251 DU 72.B02 SF 24.268 SF 74.230 SF TRIP DISTRIBUTION AND ASSIGNMENT Agenda Item No. 88 December 14, 2004 Page 65 of 107 The pattern of site traffic distribution is based on locations of generators and attractors in the study area of the project. The traffic distribution was divided in three distributions based on land use: residential, office, and retail. The distributions for the project are shown in Exhibit 2 and Table 4. Buckley Parcel Residential Commercial Office 5% ~ 5% 10% 0% 5% 15% 100% 10% 100% 10% 100% Exhibit 2 10% 15% 20% ;.- --r-:::_ _ _ _ ..._ I :__ _ ~J~ ~~£.I:-~ .--.._ 15% 10% 10% 5% 10% 0% 5% lli 0% 5% lli '5% ~ ;Q%~ 50% 40% 40% 50% Vanderbilt 'Beach Road 15% Q% 20% Uvi~gston Road North -$- 5% .lli 10% 15% lli 10% Page 7 Orange Blossom Drive 10% ~ 5% 20% Airport-Pullin~ Road 5% 10% 0% lli 0% J&C Boulevard 0% lli ... 0% Naples Boulevard 25% 10% 5% 20% lli 5% Pine R.idge R.oad 1:\Projecu\806\80685\Trnfic\80685T AI004.doc .-. Agenda Item No. 88 December 14, 2004 Page 66 of 107 The trip distribution percentages of each land use were applied to the site-generated traffic volumes to determine the site-generated vehicle trip assignment. The following table shows the distribution percentages for each land use. Table .. TRAFFIC DISTRIBUTION-PM PEAK HOUR (NEW TRIPS) land Use Orange Blossom west of Airport-Pulling Rd. Orange Blossom east of Airport-Pulling Rd. Airport-Pulling Rd. north of project Airport-Pulling Rd. south of project Airport-Pulling Rd. south of Orange Blossom Airport-Pulling Rd. north of Vanderbilt B. Rd. Airport-Pulling Rd. south of J&C Blvd. . Airport-Pulling Rd. south of Naples Blvd. Airport-Pulling Rd. south of Pine Ridge Rd. Goodlette-Frank Rd. south of Orange B. Dr. Goodlette-Frank Rd. north of Orange B. Dr. Uvingstong Rd. south of Oran¡e B. Dr. Uvingnong Rd. north of Orange B. Dr. Vanderbilt B. Rd west of Airport-P. Rd. Vanderbilt B. Rd east of Airport-P. Rd. Pine Ridge Road west of Airport-P. Rd. Pine Ridge Road east of AirpOrt-P. Rd. Traffic Distribution Residential Commerc. /5% 10% 10% 20% 40% 40% 60% 60% 35% 30% 10% 15% 30% 15% 25% 10% 15% 4% 10% 0% 5% 0% 5% 5% 5% 5% IS% 10% 15% 5% 5% 2% 5% 4% OffIce 10% 20% 50% 50% 20% 20% 20% 20% 10% 5% 5% 10% 10% 10% 20% 5% 5% The proposed commercial retail use is of a "neighborhood: nature rather than "regional" in scope. For this reason, the area of influen~e will likely be confined to residential developments along Orange Blossom north and south of the Buckley parcel. The radius of influence was assumed to be not higher than 1.5 miles from the site. PROJECTED TRAFFIC .. The Projected Daily Average traffic volumes were converted into 2008 Peak Hour Two-Way background traffic using historic~ traffic data published by Collier CO\U1ty. This included the . Truck Factor (95.24%) and K250 (9.2%). The Directional Factor (53.0%) for Airport-Pulling Road, from Pine Ridge Road to Vanderbilt Beach Road, was used to establish the 2008 Peak Hour Directional Traffic Volumes. The data sources used for this analysis are shown in Appendix A. Table 5 shows the projected 2008 directional Peak Hour volumes. Buckley Parcel PageS 1:\Projecu\806\80685\Traffic\80685T Al004 .doc Agenda Item No. 88 December 14,2004 Page 67 of 107 ANAL YSES CAPACITY AND LEVEL OF SERVICE The roadway segments analyzed consist of Airport-Pulling Road and Orange Blossom Drive. The site-generated vehicle-1rip assignments were added to the proj ected build-out year background traffic to calculate total projected traffic volumes. The project is expected to be built out by year 2008. Table 5 .presents the link LOS analyses for the projected background and total traffic conditions. Appendix C contains the tables used in these analyses Table 5 LEVEL OF SERVICE (2008. tM PEAK SEASON tEAK HOUR DIRECTIONAL) 2008 PM PrQject Peak 2008 PM PM Peak J;ak LOS Traflicu Dlrect- Peak Bade Project Total LOS Back LOS ';of ROADWAY ion &"ound Traffic Traffic LOS C LOSD LOSE Std FOund wlProj LOS Std 0...",. Blossom Dr. W of Airport-Pullin¡ EB 507 . 27 534 690 950 950 950 C C 2.9" Rd. WB 58B 34 622 690 950 950 950 C C 3.5" Oranze Blossom Dr. E of Airport-Pullin, EB 507 63 570 690 950 9S0 950 C C 6.6" Rd. WB 588 43 631 690 950 950 950 C C 4.5" Airport.Pulling Rd. N of Orange Blossom NB 2.+42 143 2.585 1.120 2.530 2.590 2.590 D E 5.5" SB 2,106 182 2.287 1.120 2.530 2.590 2,S9O D D 7.0" Alrport.Pulllng Rd. S of Orange Blossom NB 2.+42 73 2,515 1.120 2.530 2,590 2,590 D D 2,ß SB 2.106 85 2,191 1.120 2,530 2.590 2.590 D D 3.3" Airport.Pullin¡ Rd. N of Vanderilllt B. Rd. NB 1.9B9 54 2, 0+4 2,530 2,530 2,530 2.530 C C 2.2" 5B 1.764 35 1.799 2,530 2,530 2,530 2.530 C C 1.4" Airport-Pullin¡ Rd. S of IlcC Blvd. NB 2.+42 . ~ 2.488 1.120 2.530 2.590 2,590 D D 1.8" 5B 2.106 S9 2,164 1.120 2,530 2,590 2,590 D D 2.3" Airport-Pullin¡ Rd. 5 of Naples Blvd N8 2.+42 35 2.477 1.120 2,530 2,590 2,590 D D 1.4" 5B 2,106 49 2.154 1.120 2,530 2.590 2,590 D D 1.9" Airport-Pullin& Rd. 5 of Pine flidge Rd. NB 2.691 17 2,70B 3.180 3.200 3,200 3.200 C C 0.5'; SB 2.202 23 2,225 3.180 3.200 3.200 3,200 C C 0.7" Goddleue-Frank Rd N of Oranp Blossom ... NB 1.001 B 1.009 1.700 1.900 1.900 1.900 C C 0.4" Dr SB ns 'I 729 1.700 1.900 1,900 \,900 C C 0.2'; Goddlette- Frank Rd S of Oranp Blossom NB 9B6 7 993 1.390 1.850 1.900 1.900 C C 0.4'; Dr 5B 714 9 723 1.390 1.850 1.900 1.900 C C 0.5" Uvingston Rd. N of Oranp Blossom Dr. NB 1.084 23 1.107 2,880 3.630 3.630 3,630 C C 0.2" SB 887 13 901 2.880 3.630 3.630 3.630 C C 0.4" Livtn¡non Rd. 5 of Oran&e Blossom Dr. NB 1.084 13 1,098 2,880 3,630 3.630 3,630 C C 0.4" SB 887 23 910 2.880 3,630 3.630 3.630 C C 0.6" Vanderbilt Beach Rd. W of Alrport-P. Rd. EB 1,464 34 1.498 1.310 1.520 1.520 1.520 D D 1.8" WB 1.151 27 1,178 1.310 1.520 1.520 1.520 t C 2.5" Vanderbilt Beach Rd. E of Airport-P. Rd. EB 2.172 38 2,210 2,720 2,720 2,720 2.720 C C I."" WB 1.119 22 1.141 2.720 2.720 2.720 2. 720 C C 0.8" * Bold denotes 'si¡nificant' Impact or "advers." Impact Buckley Parcel Pap 9 1:\Projecu\806\806B5\Trafflc\B068ST AIOO4.doc Agenda Item No. 88 December 14,2004 Page 68 of 107 ',- Table 6 presents the buildout year PM Peak Hour background and total traffic levels of service at the analyzed intersections. Four different scenarios were analyzed for the buildout year: The background scenario without project; the total traffic scenario with project and network in existing conditi.ons; the mitigation scenario with network improvements; and the mitigation scenario with network improvements and full intersection at the main entrance of the project. Descriptions of the improvements will be presented elsewhere in this study. Table 6 INTERSECTION LEVEL OF SERVICE (100a-PM PEAK SEASON PEAK HOUR DIRECTIONAL) Without prol~ WIth Prolect. Exlstin, WIth Proiect. ~ ImDt'OYed Network ~n~ LOS Defay ~ LOS Delay ~ LOS Deray SlInlllzed Ac<~n LOS Delay Airport·Pullin, Rd. " Orance Blossom Livlnpton Rd. "Orance Blossom Goodleue·Fran k Rd "0 rance Blossom Airport·PuU1nr Rd. A JAC Blvd. Airport.puIHrc Rd. " Naples Blvd. Airport·Pulftnr Rd." Vanderbilt Beacl1 Rd. Airport-PulOn, Rd. A MaJn Entrance E A B F D E NlA (seelveh) 72.5 3.7 18.~ 92.2 39.9 7U (secJvel1) F 102.6 A ~.2 C 25.0 F 93.1 D ~1.2 E 78.0 N/A (seclvel1) F 92.8 A ~.2 C 25.0 F 82.0 D 41.2 E 69.0 NlA E A C F D 'E C (seelveh) 70.0 4.2 25.0 82.0 41.2 69.0 24.7 SIGNIFICANCE TEST ANALYSES According to Co~lier County Ordinance 03-01 Sections 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." I I -" I The project's impacts are significant on Orange Blossom Drive west of Airport-Pulling Road westbound, Orange Blossom Drive east of the project, Airport-Pulling Road north of the project and Airport-Pulling Road south of Orange Blossom Drive southbound. The project's impacts on others segments of the study network are not significant. Buckley Parcel l'a¡e 10 J:\Projecu\S06\80685 \ T raffic\S0685T AI004 .doc Agenda Item No. 88 December 14,2004 Page 69 of 107 SITE ACCESS TURN LANE ANALYSES Turn Lane analyses were completed using SYNCHRO~ computer modeling software applied to Build-out year traffic. The project will have one proposed access point on Airport Pulling Road. Appendix D contains the SYNCHRO~ computer printouts. The level of service of the main entrance is C with an average delay of 3.4 sec/veh. In order to analyze the turn lanes, it is necessary to review related ordinances. According to the Collier County Right-of Way Ordinance #93-64, left turn lanes must be provided whenever the left turn volume into a development is two percent (2%) of the Level of Service "C" daily volume, or whenever the highest hourly volumes are equal or greater that 20 vehicles. The same ordinance establishes that right turn lanes must be provided whenever the right turn volume into a development is four percent (4%) of the Level of Service "C" daily volume, or whenever the highest hourly volumes are eqtial or greater than 40 vehicles. The FDOT Index 301 dated December 6, 2002 was used for conceptual geometric design. Airport-Pulling Road & Main Site Access Left Turn Analvsis (Northbound Approach) This project is expected to generate 143 northbound left turning movements during the P.M. Peak hour. This exceeds the 20 VPH threshold value. sÝNCHRO~ computed a 116 foot queue length. Based on this information, a northbound left turn lane will be warranted at the Airport- Pulling Road & Main Site Access. This turn lane should be 310 feet long (125 feet + 185 feet, including a 50 foot taper) (See FDOT Index 301 in Appendix E). The existing northbound left 'Þ turn lane is approximately 520 feet long. Since the existing turn lane length exceeds the computed length of need, no improvements are needed on the lane. All Site Accesses Riaht Turn Analysis (Southbound Approaches) Three different accesses are projected for the development: 1) The right-inlright-out north access, 2) the right-inlright-out/left-in main access and 3) the right-inlright-out south access. This project will generate 108 southbound right turning movements during the P.M. peak hour. The Buckley Parcel Page II 1:\Pro ecu\806\8068S\ T rafficl806BST AIOOo4 .doc: Agenda Item No. 88 Decennber14,2004 Page 70 of 107 north and main access will contain around 85% of the right in movements. Based on this infonnation the number of right turning trips will exceed the 40. VPH threshold value for each access. For this reason. a westbound right turn lane will be warranted not only at the Airport- Pulling Road & North Access but also at the Airport-Pulling Road & Main Site Access. Each turn lane should be 185 feet long (including a 50 foot taper). TRAFFIC IMPACTS A project will have a significant and adverse impact on a state or regionally significant roadway 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 projeoted to operate below the adopted level of service standard. A review of Table 6 indicates that none of the roadway segments in the adjacent area that will be both significantly and adversely impacted by the project in year 2008 for the proposed land use. IMPROVEMENT ANALYSIS As shown in Table 6. the levels of service at Airport-Pulling Road & Orange Blossom Drive. Airport-Pulling Road & J&C Boulevard. and Airport-Pulling Road & Vanderbilt Beach Road . will not meet the required level of service standard for the PM Peak Hour with background traffic. Improvements will be needed on these intersections because of anticipated deficiencies that are associated with the projected background traffic: · Airport-Pulling Road & Orange Blossom Drive (dual left turn lanes on the west-, and northbound approaches) · Airport-Pulling Road & Vanderbilt Beach Road Intersection (eastbound dual left turn lane) · Airport-Pulling and J&C (southbound and eastbound dual left turn lanes, and additional southbound U-turn lane) The site-generated traffic will exacerbate the anticipated poor operations at the Airport Pulling Road & Orange Blossom Drive intersection. In order to reach the standard level of service. an eastbound dual left turn lane and a dedicated southbound V-turn. lane would be needed. The Buckley Parcel Pale 12 l:\Projects\806\806BS\T rafIIc\80685T AI00.4.doc Agenda Item No. 88 December 14, 2004 Page 71 of 107 additional V-turn volumes that create the need are site-related. As shown in Table 6t the improvement results in decreased delaYt although the LOS will remain the same: this alternative would still not attain the required standard because of the heavy southbound V-turn movement. In order to minimize the V-turn on the Airport-Pulling Road & Orange Blossom Drive, the Main Entrance should be provided with a full-movement signalized intersection. It should be noted that the Airport-Pulling Road & Vanderbilt Beach Road intersection is currently under construction. This construction will most probably resolve the turn lane issue. Table 7 shows the recommended improvements. Table 7 IMPROVEMENTS Airport-Pulling Rd. & Orange Blossom Dr. Airport-Pulling ReI. & J&C Blvd. Airport-Pulling Rd. & Vanderbilt I?each Rd. Airport-PuUing Rd. & Full-movement signalized Main Entrance intersection* * Either solution addresses the problem Site-related Improvements Second left turn on eastbound & Southbound* Non-site-related improvements. Second left turn on west-, and northbound N/A Additional U-turn on the southbound N/A Additional left turn on eastbound N/A CONCLUSION . The following improvements are recommended on Airport-Pulling Road at: 2 Orange Blossom Drive: Dual left turn on eastbound approach. 2 Project Main Entrance: Full-movement signalized intersection. Maintain the existing northbound left turn, and the addition of a 185 foot (including a 50 foot taper) southbound exclusive right turn lane. 2 A 185 foot (including a 50 foot taper) southbound exclusive right turn lane at the . Project North Access. Buckley Parcel Page I:! :\Pro e<:cs\806\806B5\ Tn.ffic\8068ST AIOO4.doc ~ c;) PRE-APPLICATION MEETING NOTES REZONE - STANDARD Agenda Item No. 88 Decennber14,2004 Page 72 of 107 ,.-..:. Date: c¡.....;;. 5"- 03Time: 8": 30 Finn: Project Name: ßVCI<.L-e:t-( pc..; z:> AppUC8Dt Name: If OAJ Þ I NO Owner Name: Owner Address: MA/ASSe b,.<J~LoR . Phone: Phone: Meeting Attendees: Planner: ¿1µl>A g LAu£..4 12. FK!ez> £. ¿us 5 ,.# . IWIIt)'P S' ALAN e Submittal Requirements (reter to application tor additional requirements) 20 Copies of the foUowiDg: a Completed Application J8J Pre-application Meeting Notes 1ã. Conceptual Site PIan 24X 36" and One 8 Ya X .11" copy ø PUD document and Master Plan 2 Copies of the foUowiol: J DeedslLegals &. Survey (if boundary of original PUD is amended) List identifying Owner & all parties of corporation Ownerl Agent Affidavit signed &. notarized Completed Addressing Checklist 4 Copies of the fonowing: . o NjA-Environmental Impact.~ ment (BIS) or waiver '5i Historical Survey 0 aive request E Utility Provisions nt w/sketches D Arctùtectural rendering of proposed structures R9 Survey, signed &. sealed . iI. Seven (7) Traffic Impact Statement (TIS) or waiver % Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400' Jg' ODe (1) Electronic version of PUD document in Word format ~: ¡.1 j Application Fee: $2,500 + $25 per acre ç'~ I r.JC (Z.e..4 96 II .:3/0:5 $25 Data Conversion $100.00 Fue Code Review o rp.~300.00 Pre-application fee (to be credited toward application fee upon submittal). o /JIlt $1600.00 Environmental Impact Statement review fee Fee Total $ PUDZ-2004-AR_5220 PROJECT #2003090040 DATE: 1/23/04 . FRED REISCHL Meeting Notes Cf,l~ c~b.. 2) _~( M~ 'F U.(}CS - (()(\p. .fw- Ctc:r(r:(,('~ Agenda Item No. 88 December 14,2004 Page 73 of 107 G:\Current\Pre-App fonns\PUD pre-app.doc Revtaed March 28, 2003 October 27,2004 RECEIVED NOV 2 2004 ZONING DEPARTMENT Agenda Item No. 88 December 14, 2004 Päge 74 of 107 Collier County Gonernment Community Development & Environmental Services Division Department Of Zoning & Land Development Review Dear Kay Deselem: Location, location, an important factor to a real estate Investor or a home buyer. Under any circumstances, residential & commercial development should never be mixed. Certainly, this is poor judgement, which is bad for property value, not to mention environmental & safety impact. Traffic conjestion & car noise will definitely be a nightmare. Please provide peace & tranquility to the residents of this neighborhood. We, the undersigned, strongly object The Buckley Mixed Use Pud. ~ ~Î~t.e~ ~e' ~ ~7ú1 ~ ~ .§ry A?d o~;lt ~~~ ,~~sq~~ ~~ ~'1~~.»[, ~ ~ '£··.;¡r¡7ð ~~ßv' 21~r ~L~~r~l - \~ ~"t, :¿€>Jf Shlp"s . - ,- )I~ d(J?Év ú ß~<¡c¡jdf>t~ ·-f'¥6~.x ..'_..'~._._--- Agenda Item No. 88 December 14, 2004 Page 75 of 107 Collier County Government Community Development & Environmental Service Division Department Of Zoning & Land Development Review 2800 North Horseshoe Dr. Naples, Florida 34109 RECEIVED OCT 2 6 2004 ZONING DEPARTMENT October 25,2004 Dear Kay Deselem: Location. location, an important factor to a real estate investor or a home buyer. Under any circumstances, residential & commercial development should never be mixed. Certainly this is poor judgement, which is bad for property value, not to mention environmental & safety impact. Traffic congestion & car noise will definitely be a nightmare. Please provide peace & tranquility to the residents of this neighborhood. We, the undersigned, strongly object The Buckley Mixed Use Pud. Sincerely ~()V ìJ. ~~ Ludivina V. Gracilis 11!tvW-- J~ - .:¿S-t>3 5-1,"JDP'J /¡}>4// ¡J1r, f ¡;?~;-,¡r ~ ~ ð7 £'1/-; {,,1£<WI9¡, I~ ~ .4~.....A'-JS~1J7J.d-.-., W,;/ ¡VI ':ffL ~ /JJ:-.- ~ yl7 ~ Irt'! ¿J'1 r ¡J'f/eJ ~lÞxJ-: '251) S:lì\~s. ~- f\)orÞSJ FL ~h ö1-k J;ì -J f\\¿j:J ?- {1 t ~ -s. tþt'. 4 J,Jq,f~5 f L ?, I( I:: A ~ \ \~ ;z. ~~ tJ S'r} l",gtR, S- 1t 6"'-~ . R. -z-~4 OtJ ~k/ / ~ 0 ~ ¿) 5"ðd- So./Clr:s tury 3t/ (oct ;fi 'I e. I4l a r rob, æ ~- () I {'¡lie. (,( S Lt;. K. i! J) r-, Agenda Item No. 88 December 14,2004 Page 76 of 107 " MR & MRS CHOYCE JOHNSON October 20, 2004 RECEIVE OCT 2 6 200. ZONING DEPARn., Collier County Government Community Development & Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Dr. Naples, Fla.. 34104 Ref: Petition: PUDZ-2004-AR-5220/7501 Airport Pulling Road Dear Ms. Kay Deselem: Please let it be known for the record and for any count that will be taken, that m husband and I are totalty opposed to the reqµested re-7'..nning of 7501 Aù::port PnUin: ß&ad from rural agriculture to "mixed-use commercial and residential developmen~ - , Weare abSolutely ~gainst,)~. further commercial-development in this area. Th commercial enterprise of this area hà.s been more than fully develop~d bver;th~ la.st 2 year: As a result, our section of Airport Pulling Road has been made into an interstate highwa with all-the resclmnttn,~~.c?~~tion, noise and pollution. If this land is not destined to remain rural, then the very least that should be considere is re-zoning for strictly upscale residential development. Any development other than tbj will make the area a most inhospitable pla.ce to live and will ultimately drive down th property values of those who are already established in this area. We need to maintain a primarily residence based territory complete with the green grae and beautiful plantings that are indigenous to Horida. That iswhy we live in Horida. W are not living in Florida to get yet another paved parking lot. We appreciate your m!lking this letter heard at the public heating of whicþ. we will b unable to attend. We appreciate YOut submitting this letter as a permanent part of th record on this subject Relatedly, we ask that you supply us with a record #, and tb specifics of the disclosure of this letter at the hearing. ,Tha.nk you very much" ;'/',h;~ ~h.oYët!as;tdCb,~~Joþp~?~" . "', ..... " .,1 '. :. ,:\.~~,... 'ì.':r~... . Of- .r ", ;./. '.''''¡¡!''';' " - j' '.. .~ k,._., :,' , , . ; "..... LAKE':SIDE~':;UN:lij3id2,' . ';f", ,NAPLES, FLA 34109 " . ~ ;:J . ; ~" ",' '" ..,..... ',' , .'. ,,0(' .: -.. . (.' '.. -'<"':'" '.' -. . PHoNE:it',91'{:ázs'-:2'542 ~' ; H_, .,j.. ". ~.. ;'j:'..::" ". I ,.,: '" Agenda Item No. 88 Decennber14,2004 Page 77 of 107 April 16,2004 Dear Collier County Commissioners, I am a resident of Emerald Lakes, a community located behind the Buckley Property on Airport Road between Orange Blossom Road and Vanderbilt Road. I recently obtained a preliminary copy of the proposed Buckley Mixed Use PUD and Site Plan which has caused me great concern. The PUD proposes to develop the site at 11 dwelling units per acre plus 171,300 s.f. of commercial space, in the center of a community that is primarily one and two story residential dwellings whose density is only 3~4 dwelling units per acre The site is presently zoned Rural Agricultural with the present Master Plan zoning of Residential and a maximum density of 3 dwelling units per acre. The surrounding area h devoted entirely to low density residential units. The only exceptions to this are the Brighton Gardens ALF and the Collier County Library and the commercial corner at Vanderbilt Road and Airport Road. All buildings within the area are 35 feet maximum height or less including Brighton Gardens ALP and the commercial comer. The homes directly adjacent to the Buckley property are primarily one story homes with a height of 18.5 feet and a few two story homes with a height of24.5 feet. The proposed buildings on the Buckley site are to have a maximum height of 45 feet and would dwarf all the other buildings in the area and tower over the adjacent residential homes. An examination of the site plan reveals two rows of buildings, plus what appear to be +-"( residential hotel like structures at each end of the site. The buildings in the front ro\\ would be office and retail space with rental apartment units above. The second row ot buildings are a tenement type structure. All of these buildings are a continuous line of structures, interconnected by walkways and breezeways between the buildings, bringing to mind the tenements in Philadelphia in the twenties and thirties. All of the units would be rental units. A model sales and rental office is proposed along with model dwelling units for a period not to exceed ten years. The internal roadways and parking areas are the primary open space. The only plant life on the site appears to be relegated to the setback areas. It is not apparent from the site plan how water management with be handled. Only one small pond is proposed a one end of the site. As the site is essential all roadway, parking lot and buildings, some allowance must be made to handle water runoff, if the proposal is to be seriously considered. The entire site is surrounded by 1027 parking spaces and is devoid of any amenities for the future residents. There are three propose entrances/exits to Airport Road. All traffic entering the site must be southbound and all traffic exiting the site must be southbound. The additional 700-800 cars on Airport Road during the day and especially at rush hour will certainly have an impact on traffic congestion in the area. In addition, the PUD takes exception to Design Standards for Subdivision Practice/Regulations and substitutes site specific standards by the developer. These Agenda Item No. 88 December 14,2004 Page 78 of 107 include exceptions to Street ROW, Pavement Width, Sidewalks and other specific . infrastructure as may be specified. The PUD developer has defined the development of the site as a concept and once approved, reserves the right to amend it as the developer sees fit as long as it falls within their general definition of intent for development of the site by the developer. What is being proposed in this PUD could possibly be appropriate for Fifth Ave. or some other high density city location, although it would have to be modified for traffic impact, water management and site standards. It is an abomination of the zoning process to consider this in the midst of an existing entirely low density residential community. The Buckley site is comparable to the Banyan Woods site further south below Pine Ridge Road on Airport Road and should be handled similarly. Additionally, there should be no consideration for commercial zoning in the center of a residential section not bounded by a major road intersection. It should be noted that the Pulling site on Airport Road, south of Orange Blossom Road was recently rezoned and remained with the density requirements of 4 dwelling units per acre with only limited commercial space at the intersection of the two roads. ¡<-. I am not opposed to future development of the Buckley but pray that the County Commissioners adhere to the Master Plan and zone it accordingly. A residential community similar to Banyan Woods would certainly be acceptable. Sincerely, Forest H. Wainscott II 7527 Mill Pond Circle Naples, FL 34109 239-513-9543 cc: Fred Reisch! 0., Agenda Item No. 88 December 14, 2004 Page 79 of 107 To: Fred Reischt, Planner, Collier County Collier County Planning Commission Board of County Commisssioners Subject: Buckley Mixed Use PUD The undersigned are all· property owners living on the east side of the subdivision Emerald Lakes. We are concerned about the Buckley Mixed Use PUD because our property either faces or backs up to the mentioned property. The main thing we are concerned about is the height ofthe buildings on the west side of the Buckley property that backs up to our homes. The present proposal calls for a height of 45', which probably means a 3-story building. Ifthey are allowed to do that, we would be the only homes in Emerald Lakes impacted by 3-story buildings on adjoining property. Since a precedent has been set, we don't feet that we should be affected any differently than the other homes on the border of our development. On the west side of Emerald Lakes we are bordered by another residential community, The Villages of Monterey. On the north side, where we have two story condos, they are bordered by Marker Lakes, a residential community and a commercial development that has one-story buildings bordering our development. On the east side just north ofthe Buckley Property we have Brighton Gardens. If you will look at it closely, you will find that the buildings that backup to our property are one-story buildings. Granted we have Areca Palms planted on our property, which buffer us trom the Buckley property but they are 15 years old and starting to thin out and will continue to do so as they get older. An 8' fence is not going to do much to buffer sound ftom cars coming and going and the trees would have to be 25' tall and planted in two staggered rows to block out the building. When we bought our properties 15 years ago there was no such thing as mixed use and we assumed that the Buckley property would be commercial maybe a maximum of 18', with no residential units so there would be no noise of cars coming and going at night. It is for this reason that we ask you to limit the height ofthe buildings that back up to our property to still be 100' away and no more than a single story and buffered by ample landscaping. That would follow a precedent that has already been set by other developers around our residential subdivision Respectfully Homeowners on the east property line of the development Emerald Lakes (Signatures below) f_ ~, ....... "-.' Name - Address 7343 Mill Pond Cir. - 7351 Mill Pond Cir 7359 Mill Pond Cir ·R~ 7Jt-" 7367 Mill Pond Cir 7375 Mill Pond Cir 7383 Mill Pond Cir 7391 Mill Pond Cir 7399 Mill Pond Cir 7407 Mill Pond Cir 7415 Mill Pond Cir ;.'1 "I,'í~ $1.1.-- ,,::= (, v~jl-: I 7423 Mill Pond Cir ~, 7431 Mill Pond Cir 7439 Mill Pond Cir 7447 Mill Pond Cir 7455 Mill Pond Cir '~r-J 7463 Mill Pond Cir ~ 7~71 ryliII Pond C!r t- 7479 Mill Pond Cir \I M( 1\1 v II (.J CU1-1 NÇJ ßt:!.k~ - ~V/ / ~/..,("~ - " 7487 Mill Pond Cir 7495 Mill Pond Cir 7503 Mill Pond Cir 7550 Mill Stream Dr . 7566 Mill Stream Dr 7582 Mill Stream Dr 7598 Mill Stream Dr 7614 Mill Stream Dr 7630 Mill Stream Dr .. ---,-- ----- ORDINANCE NO: 04-_ Agenda Item No. 88 December 14, 2004 Page 81 of 107 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41 THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE BUCKLEY MIXED USE PUD, WHICH IS LOCATED AT 7501 AIRPORT -PULLING ROAD IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF AIRPORT-PULLING ROAD (CR 31) AND ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 2S EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 22.84± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Ronald Nino, AICP, of Vanasse Daylor, LLP., representing llues M. Buckley, Harry M. Buckley III, Donald E. Buckley, and Thomas E. Buckley petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed ftom Rural Agricultural (A) to Mixed Use Planned Unit Development (MUPUD) in accordance with the Bucldey Mixed Use PUD Docmnent, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Nmnber 2004-41, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Fonn and Legal Sufficiency Mllljorie M. Student Assistant County Attorney PUDZ-2004-AR-5220IFRlIo Page 1 of 1 Agenda Item No. 88 December 14,2004 Page 82 of 107 BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT A REGULATORY DOCUMENT CONTAINING A CONCEPTIlAL MASTER PLAN OF LAND USES GOVERNING THE BUCKLEY MIXED USE, A PLANNED UNIT DEVELOPMENT CRAFTED AND DESIGNED AS REQUIRED BY APPLICABLE PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. PREPARED FOR Land Development Group, LLC. 9130 Corsea del Fontana Way Naples, F1orida, 34109 PREPARED BY VANASSE & DAYLOR, LLP 12730 New Brittany Boulevard, Suite 600 Fort Myen, F10rida 33907 Tel. 239-437-4601, Fax 239-437-4636 E-Mail rnino@vanday.com Date Reviewed By CCPC Date Reviewed By BCC Ordinance Number Amendments and Repeal EXHIBIT" A" G:\CU/T9fIt\Døse/C/mIPUD RC/zOI'I8SI&1ckl6y MixC/d Use PUD, PUDZ·2004·AR·52201PUD docum9flt.,IPUD Document fflvìSfKi 12..(J6.C4 w-ccPC & Trans CÍJ3fIg8$ cJC/8n version.doc Agenda Item No. 88 December 14, 2004 Page 83 of107 TABLE OF CONTENTS Page # LIST OF EXHIBITS AND TABLES 2 STATEMENT OF COMPLIANCE 3 SECTION 1 LEGAL DESCRIPTION, PROPERTY OWNERSHIP, 5 AND GENERAL PROJECT DESCRIPTION, SHORT TITLE SECTION 2 PROJECT DEVELOPMENT REQUIREMENTS 8 SECTION 3 MIXED USE LAND USE DISTRICT 13 SECTION 4 DEVELOPMENT COMMITMENTS 19 EXHIBITS EXHIBIT" A " MIXED USE PUD (MUPUD) MASTER PLAN G:\CummtlDegel6m\PUD RelOl18S\Buckfey Mixed Uæ PUD, PUDZ·20Q4·AR·522tJ\PUD docum9llts\PUD DoclJll1fll t revised 12..00.G4 w. 2 cCPe & Trans changes clean version.doc Agenda Item No. 88 Decernber14,2004 Page 84 of 107 STATEMENT OF COMPLIANCE The development of approximately 22.84 acres, more or less, of property in Collier County, as a mixed use Planned Unit Development (PUD) to be hereinafter referred to as the Buckley Mixed Use PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). All of the land uses and special application of development standards and design guidelines enumerated in the Future Land Use Element (FLUE) relative to the Buckley Mixed-Use Subdistrict shall be in compliance with those stated provisions and in compliance with other applicable elements of the GMP. Compliance with goals, objectives, and policies is achieved in the following manner: Mixed-Use Proiect 1. The subject property is located within the Buckley Mixed-Use Subdistrict. This Subdistrict provides for a specific distribution of land uses and requires a percentage of the allowable residential component to be in place prior to non- residential development reaching a certain threshold The PUD has been crafted to include these provisions and is therefore in compliance with Objective 1, Policy 5.1, and 5.3 specifically of the FLUE. 2. The subject property's location in relation to existing or proposed community facilities and services pennits the development's intensity and density as required by Objective 2, and Policy 5.5 of the FLUE. 3. The project's mixed-use composition is compatible and complimentary to existing and future sWTounding land uses as required by Policy 5.4 of the FLUE. 4. Proposed improvements utilizing best land use planning practices are planned to be in compliance with Objective 3 of the FLUE. 5. The project will be connected to the County's utility system (i.e., sewer and water) and is therefore consistent with Objective 1.5, Policies 1.5.1 and 1.5.2 of the Sanitary Sewer and Potable Water Sub Elements of the GMP. 6. The project development is planned to incorporate natural systems for water management in accordance with their natura.1 functions and capabilities as required by Objective 1.5 of the Drainage Sub Element. 7. At the time of development, the project will be consistent with Policy 1.3 of the Transportation Element. AitpOrt Road is a six-lane facility and is not expected to function below the level of service required to meet concWTency requirements, G:\Ci.smHlt\DeselemIPUD RelOfl8slBl.lcklÐy M!x8d Use PUD, PUDZ·20Q4·AR-52201PUD dooum/J/'lts\PUD Document mvJs8d fU¡6-Q4 w· 3 cCPe & Trans changøs clean 'l6l'Sion.doc Agenda 1tem No. 8B December 14,2004 Page 85 of 107 nevertheless development of the subject land remains subject to concurrency requirements throughout its construction phases. 8. The projected intensity and density of this required mixed-use project IS In compliance with the FLUE based on the following relationships to required criteria: Criteria Maximum Intensity/Density Proposed IntensitylDensity 251 du's 74,230 sq. ft. 97,070 sq.ft. Residential 15 du'slac Retail 3,250 sq.ft.lac. Office 4,250 sq.ft./ac. 15 X 22.84 ac = 343 dwelling units 3,250 sq. ft. X 22.84ac. = 74,230 sq.ft. 4,250 sq.ft X 22.84 ac. = 97,070 sq.ft. G:\Cummtlt-esslemIPUD R8Z0n8s\Buck16y Mixed Use PUD, PUDZ-2004-AR-5220'PUD documentslPUD Document revised 12-00.04 w- 4 cCPe & Trans changes clean version. doc Agenda Item No. 88 December 14, 2004 Page 86 of 107 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The pwpose of this section is to set forth the location and ownership of the property and to describe the existing conditions of the property to be developed pursuant to the regulations and other development provisions contained within this PUD Document. 1.2 LEGAL DESCRIPTION North half (Tract I) That part of the east half of Section 2, Township 49 South, Range 25 East, Collier County, Florida, described as follows: Commencing at the northeast comer of Section 2, Township 49 South, Range 2S East, Collier County, Florida; thence along the east line of said Section 2, south 2° - 13' - 05" east 1589.69 feet; thence north 89° - 59' - 01" west 100.08 feet to the west right of way line of State Road 31 (Pulling Road), and the point of beginning of the parcel herein described: Thence along the west right of way line of State Road 31, south 2°.13' - OS" east 994.53 feet; thence south 8~ - 56' - 19" west 500.36 feet; thence north 2°· 13' - 05" west 995.21 feet; thence south 89° - 59' - 01" east 500.38 feet to the point of beginning. Containing 11.42 acres of land more or less. Together with South half (Tract 2) That part of the east half of section 2, Township 49 south, Range 2S east, Collier County, Florida, described as follows: Commencing at the northeast comer of Section 2, Township 49 south, Range 25 East, Collier County, Florida: I) thence along the east line of said Section 2, south 2° . 13' - OS" east 1589.69 feet; 2) thence north 89° - 59' - 01" west 100.08 feet to the west right of way line of State Road 31 (Pulling Road), G:\CurrentlDeselem'PUD RelOfl8sì&Jckley Mixed Use PUD. PUDZ-20Q4..AR-622O\PUD docum/1fltsIPUD Document revised 12.()&.()4 w- 5 cePe & Trans changes clean \lØl'SiQn.doc -""..,,"-^ _._~"_._--,..,..,,- Agenda Item No. 8B December 14, 2004 Page 87 of 107 3) thence along the west right of way of State Road 31 south 2° - 13' - 05" east 994.53 feet; to the point of beginning of the parcel of land herein descn'bed; 4) thence continue along the west right of way line of State Road 31, south 02°- 13' - 05" east 994.52 feet; 5) thence south 89° - 50' - 40" west 500.33 feet; 6) 1hence north 2° - 13' - 05" east 995.20; 7) thence south 89° - 59' - 01" east 500.38 feet to the point of beginning. Containing 11.42 acres of land more or less. 1.3 PROPERTY OWNERSIDP The subject property is currently under the ownership of Buckley Enterprises. Through this common ownership of the subject land, a unified and integrated plan of development has been designed to achieve the development criteria set forth by the Buckley Mixed-Use Subdistrict. 1.4 GENERAL DESCRIPTION OF SUBJECT PROPERTY A. The property is located on the west side of Airport-Pulling Road (CR 31) in Naples, Collier County, Florida immediately north of the Collier County Regional Library Center located on the northwest comer of Airport-Pulling Road and Orange Blossom Road. The property is rectangular in shape with a frontage of 1,99o± feet on Airport Road and a depth of 500± feet. B. The zoning classification of the subject property prior to the date of this approved PUD Document was Rural Agricultural. 1.5 PHYSICAL DESCRIPTION Elevations within the project site range from 11.4 to 12.6 feet above mean sea level. Most of the site is more than 12 feet above MSL. The entire site is in Flood Zone X according to the Finn Map panel12oo67-0385D. The vast majority of the site is designated FLUCCS Codes 241 (Tree Nursery) or 243 (Ornamentals Nursery). A small body of water, fonnerly a borrow area, is located in the northeast portion of the northeast parcel. 1.6 PROJECT DESCRIPTION The Buckley Mixed Use PUD shall consist of a mixed-use development of commercial (retail, service and offices) and residential uses with design and use limitations required by the Buckley Mixed-Use Subdistrict from the FLUE of the Collier County GMP. G:\CwrentlDesel6mIPUD R&zones\Buckley Mixed Use PUD, PUDZ·2004-AR-522O\PUD documents\PUD DoclJf1JMt revised 12~ w· 6 cCPe & r''afl:> ch~s clean versiQn.doc Agenda Item No. 88 December 14, 2004 Page 88 of 107 SHORT TITLE This Ordinance shall be known and cited as the "Buckley Mixed Use Planned Unit Development Ordinance" G:\Cu1T9fI/\Des8lemIPUD Rezones\BucId6y Mixed Use PUD, PUDZ·2004-AR.fj22O\PUD documsntslPUD Docuf1JfJfI/ rovlsed 12-00-04 w- 7 CCPC & Trans changes clean 'MSion.doo Agenda Item No. 8B Decennber14,2004- Page 89 of 107 SECTION 2 PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally descn'be the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development for the Buckley Mixed Use PUD shall be in accordance with the contents of this Document, PUD-Planned Unit Development District, and other applicable sections and parts of the Collier County Land Development Code (LOC), or its successor, and GMP in effect at the time of a building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County LDC shall apply. In every instance within this PUD where the LDC is cited or referenced, it shall mean the Collier County Code of Laws and Ordinances, the Collier County LDC, and any amendments thereto, or successor document or regulations. B. Unless otherwise noted, the definitions of all tenns shall be the same as the definitions set forth in Collier County LDC in effect at the time of building penn.it application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Buckley Mixed Use PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless modified, waived, or accepted by this PUD, the provisions of other portions of the LOC, where applicable, remain in full force and effect with respect to the development of the land, which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of LDC Section 6.02.00, Adequate Public Facilities, upon application for approval of any subsequent development order. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including schematic layout of automobile and pedestrian access ways and land uses by various tracts, is illustrated G1CurrentlDeselemIPUD Rezones\BuckJey Mixed Use PUD. PUDZ·2004·AR-.fi22OlPUD docum8llts\PUD DoCIIJ'IJ8lJt rrwlsed 12.ofX14 w· 8 cCPe: & Trans changes clean version. doc Agenda Item No. 88 Decernber 14, 2004 Page 'gO of 107 graphically by Exhibit "A," PUD Master Development Plan. Representations of building footprints and access ways are intended to illustrate a clustering concept and are in keeping with the development criteria contained in the Buckley Mixed-Use Subdistrict. 2.4 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USE A mixed-use development including a residential component and mixed commercial uses are design components of the PUD and Master Plan as required by provisions of the Buckley Mixed-Use Subdistrict of the FLUE to the GMP. Up to 251 residential dwelling units may be constructed above the first floor of commercial buildings or in fteestanding buildings (as limited by the note on the Master Plan for any units above 204). A maximum of 74,230 square feet of mixed retail and service uses and up to 97,070 square feet of medical and/or general office space as described in Section 3.3 of this Document will occupy the site generally as depicted on Exhibit "A" of the PUD Master Plan. Development intensity of the entire project must not exceed a Floor Area Ratio of 0.518. The developer must provide calculations for all development applications, such as Site Development Plan, Site Development Plan Amendments, or Site Development Plan Insubstantial change applications, or their successor provisions, to demonstrate compliance with this requirement. Design elements include a common architectural theme and a pedestrian friendly clustered design. Sidewalks and access drives will extend to the boundaries of the Buckley Mixed Use Subdistrict to interconnect with the CoUier County Public Library to the south and if possible, to the Brighton Gardens ALF facility to the north, notwithstanding the fact that a sidewalk exists along Airport Road that does allow pedestrian access to project retail and office uses. The developer must coordinate with the Emerald Lakes Homeowner/Property Owners' Association and provide a pedestrian access to that development if such access is deemed appropriate and desired by the Emerald Lakes HomeownerlProperty Owners' Association. 2.5 RELATED PROJECT APPROVAL REOUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Co11ier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A," PUD Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with, PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with the Collier County LDC and the platting laws of the State of Florida. G:\Curroot\DeselemIPUD RelOl19slEJuckley Mixed Use PUD, PUDZ,2004-AR·I)22CJ\PUD documsn/sIPUD DoculTJf)()/ ffiv/Sed 12..06-04 w- 9 cCPe & Trans changes clean verskm.doc '~"~--,.._,_........... Agenda Item No. 88 December 14,2004 Page 91 öf 107 C. The Collier CO\U1ty LDC shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building pennit or other development order. D. The development of any tract or parcel approved for residential development in the fonn of fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in confonnance with requirements of the Collier County LDC prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL SALES FACILmES A maximum of three residential Model \U1its and a development sales office shall be pennitted in conjunction with the marketing of retail andlor service andlor office spaces and dwelling units within this project only. Model spaces used for marketing dwelling units or commercial space shall continue until 95 percent of project dwelling units or commercial space is sold, but not to exceed three years. Thereafter, continuance of such model spaces shall be subject to the receipt of a conditional use approval. 2.7 AMENDMENTS TO POO DOCUMENT OR MASTER PLAN Amendments may be made to the PUD as provided in Section IO.02.13.E.of the Collier County LOC. 2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owner or condominium association or otherwise establish a Comm\U1ity Development District (CDD). The functions of the Association or CDD shall include provisions for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of the Collier County LOC. G:\CurmntlD9StìtemIPUD RezoneslBuckley MIx9d Use PUD. PUDZ-20Q4-AR-52201PUD docllmlNltslPUD Documønt revised 12-œ.04 w- 10 cCPC '" Trans changes clean versio/!.óoc Agenda Item No. 88 December 14, 2004 Page 92 of 107 1.9 OPEN SPACE REOUIREMENTS Mixed use projects are required to provide 30 percent of the land area as open space. The Buckley Mixed Use PUD Master Plan design provides 30 percent or more of its land area as open space as listed in the "Summary of Land use Table" on the PUD Master Plan, Exhibit "A". 2.10 NATIVE VEGETATION RETENTION A native vegetation survey of the property shows that the entire property is devoted to nursery plants and associated support buildings and no area of native vegetation exists except for sporadic small olumps of wild vegetation that occur at some point on the boundary of the property and may straddle property lines. Some native vegetation, too small to represent a mapped significance, is located on the property and is less than 1 percent of the PUD area. It consists of mostly undesirable weedy species such as torpedo grass. Suffice to indicate that for all practical pwposes the intent of Section 3.05.07 of the LDC does not apply to the subject property. 2.11 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL ,.-. The excavation of earthen material and its stock piling in preparation of water management facilities, or to prepare the site for construction activities, is hereby pennitted. If after consideration of fill activities on those buildable portions of the project site there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Collier County Code of Laws and Ordinances, Section 22-106 through 22-119 whereby off-site removal shall be limited to 10 percent of the total up to a maximum of 20,000 cubic yards. B. All other provisions of said Collier County Code of Laws and Ordinances, Section 22-106 through 22-119 are applicable. 1.11 GENERALLY PERMITTED USES Certain. uses shall be considered general pennitted uses throughout the Buckley Mixed Use PUD. Generally pennitted uses are those uses that apply throughout all of the lands and are typically part of the common infrastructure inclusive of landscape functions or community services. A. General Pennitted Uses: 1. Essential services, pursuant to Sections 2.01.03 and 2.04.03 of the LOC. 2. Water management facilities and related structures. G:\Currønt\DeseI$mIPUD RezonÐs\8uckley Mixed Use PUD, PtIDZ-2OQ4..AR-522O\PUD dooum/NltsIPUD Document revised 12-$04 11'- 1 ] CCPC & Trans changes clean IIfNBÎOII.doc Agenda Item No. 88 Decernber14,2004 Page 93 of 107 3. Lakes including lakes with bulkheads or other architectural or structural bank treatment, in compliance with the LDC. No deviations have been granted for lake design. 4. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, subject to the issuance of a temporary pennit pursuant to Chapter 5 of the LOC. 5. Landscape features including, but not limited to, landscape buffers, benns, fences, and walls. Walls or fences shall be erected when non-residential uses are contiguous to or opposite a residentially zoned district as required by Section 5.03.02.E of the LDC. 6. Any other use, which is comparable in nature with the foregoing, uses, consistent with the permitted uses and purpose and intent statement of this PUD, as detennined by the Zoning Director. G:\Cummt'.DeselemIPUD RezOfIesIBuckkly Mixed Use put), PUDZ·2004·AR-52201PUD doc/JmentslPUD Document revised 12~1).04 w· 12 cCPe & Trans changes clean vørsion.doo Agenda Item No. 88 December 14,2004 Page 94 of 107 SECTION 3 MIXED USE LAND USE DISTRICT 3.1 PURPOSE AND INTENT The purpose and intent of this section is to set forth the uses and development reguJations for a mixed-use development consisting of retail, service, office, and residential uses. A portion of the residential uses shall be located on upper floors of commercial buiJdings. Buildings that singularly contain residential dwelling units shaH be allowed. The Master Site Development Plan shall be designed to ensure the harmonious placement of all of the uses in a manner that achieves a unified and integrated land use system, and one that incorporates a unifonn architectural theme enhanced by complimentary landscape improvements, both soft and hard. To the greatest extent possible, the design is intended to create a village-like environment, reflecting on historic mixed-use neighborhoods that provide the opportunity for project residents to be employed within the same environment as they live. This also affords project residents with ready access to commercial activities, that meet their daily living requirements and thus have the least impact on the areas transportation system. Commercial uses for the purpose of this section are limited to those allowed in the C-l, C-2 and C-3 Zoning Districts of the LDC in effect as of the date of adoption of this PUD. 3.2 MAXIMUM DENSITY AND INTENSITY OF DEVELOPMENT Residential Component-- The maximum number of dweJIing unit is 251 based on a density of 11 dwelling units per acre. A minimum of 40 percent of the allowable aggregate commercial floor space shall be contained in buildings that include some number (undefined) of dwe1ling units. If the total number of dwelling units exceeds 204 units, the parking spaces provided must be increased above what is depicted on the Summary of Automobile Parking Spaces table shown on the Master Plan. A reduction in overall project development intensity may therefore be required, to accommodate the project's parking space needs. Commercial Component--A maximum of 74,230 square feet of mixed commercial uses including both retail and services uses, and a maximum of 97,070 square feet of office uses, both medical and general shall be pennitted in accordance with the list of pennitted uses identified in this Document. 3.3 USES PERMITTED No building or structure or part thereof, shaH be erected or used, or land used, in whole or in part, for other than the following: G:\CumHlt\DesslemIPUD Rezon8$\Buckløy Mixed Use PUD. PUDZ-200+AR-522O\PUD documlJfltslPUD Document røvised 12.(J64f w· 13 cCPe & Trans changø$ clean version.doc Agenda Item No. 88 December 14_, 2004 Page 95 of 107 A. Principal Uses: 1. Multi-family dwellings units above commercial uses or in stand-alone buildings. 2. Unless otherwise provided for in this Section, all pennitted and conditional uses of the following districts: a. C-1, commercial professional and general office District in effect as of the date of adoption of this PUD Ordinance except homeless shelters and soup kitchens b. C-2, commercial convenience District, in effect as of the date of adoption of this PUD Ordinance except gasoline service stations (SIC 5541), homeless shelters and soup kitchen. c. C-3, commercial intermediate District, in effect as of the adoption of this PUD Ordinance except marinas (SIC 4493), automotive services (SIC 7549), homeless shelters, hospitals (SIC groups 8062-8069), and soup kitchens. B. Accessory Uses: 1. Parking lots to accommodate on-site uses only. 2. Project signage pursuant to Division 5.06.00 of the LOC. 3. Essential services, pursuant to Sections 2.01.03 and 2.04.03 of the LOC. 4. Kiosks as part of streetscape and landscape plans which may be used for retail purposes or provide site related services within the square footage allowance for retail purposes and otherwise subject to integrated parking requirements for all commercial space, however if a kiosk is located in a buffer or landscape area, the developer must provide an equivalent increase in planting area within the area to offset that kiosk. 5. Temporary events on common elements, such as the band shell/stage, are subject to temporary use pennit procedures. ' 6. Water management facilities. 7. Model homes and model units, and project development sales facility to serve this project only. 8. Residential recreation facilities, such as swimming pools; bocce-, shuffleboard-, and lawn bowling courts, limited to use of residents and their guests. 9. Clock tower, band she IV stage, water fountain, street sculpture, and street furniture, however if a feature is located in a landscape or buffer area, the G:\Cu.'T9ntIDe!Jl1lemIPUD RezonesIBuckls}' Mixed Use PUD, PUDZ-2004-AR-5220\PUD docurnentsIPUD Document revised 1 U)6-{J4 w- 14 cCPC & Trans changes clean vmion.doo Agenda Item No. 88 Decernber14,2004 Page 96 of 107 developer must provide an equivalent increase in planting area within the buffer area to offset that feature. All features must be sized to accommodate residents and their guests only. 10. Use of the band shell/stage shall be limited to the hours of 12 p.m. to 9 p.m. 3.4 DEVELOPMENT STANDARDS FOR PRINCIPAL AND ACCESSORY JJUa A. PUD Perimeter Boundary and Road Minimum Setback Requirements 1. From Allport-Pulling Road--------------------------- Twenty (20) feet 2. From South Boundary (Library)--------------------- Twenty (20) feet 3. From the West Boundary (Emerald Lakes)--------One Hundred (100) feet 4. From North Boundary (Brighton Gardens ALF)-- Twenty (20) feet 5. Space Between Buildings---------------------------- Twenty (20) feet B. Building Height Maximum building height shall be three floors with a maximum of 45 feet. Under story parking, if utilized, shall count as one floor. C. Lot Coverage The maximum lot coverage by all buildings shall not exceed 35 percent. D. Maximum Density The maximum density of residential dwelling units is 11 dwelling units per acre. E. Off-Street Parking and Loading 1. Off-street parking and loading requirements shall be provided in accordance with Division 4.05.00 of the LDC, in effect at the time of adoption of this PUD Ordinance. Cross-access easements or shared parking commitments will be required if separately owned tracts are established, so that all parking facilities serve as common facilities to both commercial and residential development. 2. Residential parking requirements shall be computed based on 1.5 parking spaces for each dwelling unit. F. Landscape Buffers 1. AitpOrt-Pulling Road-- Twenty (20) feet, Type D Buffer. G:\CUl'f1'NI/lDeseIemIJ'UD Rez0n8S\Buckf9y Mixed Use PUD, PUDZ-2(}()4·AR·52201PUD documerrtslJ'UD Docunwnt revised 12..{}6.()4 w- 15 coPe & Tmns changes clean vÐfSion.doc Agenda Item No. 88 Decennber14,2004 Pag~ 97 of 107 2. All other perimeter boundary lines shall have a twenty (20) foot wide Type C Buffer, except that the west landscape buffer adjacent to the Emerald Lakes development shall contain a finished masonry wall and benn, or combination thereof, at least 8 feet in height and vegetation that provides 80 percent opacity within one (1) year of installation of any site related buildings. This screening improvement is further illustrated on the Master Plan. 5. A six (6) foot finished masonry wall shall be constructed at the northwest comer for a distance of 80 feet along the north limit within the north landscape buffer. 4. Buffer Deviation: Deviation ftom LDC Section UDC 4.06 for internal buffers which requires a ten-foot wide type D buffer to be placed adjacent to all internal roadways (driveways), to allow an equivalent amount of landscaped area and planting materials to be massed and provided as open space and green areas throughout the site. The extent of this deviation shall be detennined at the time of SDP application in the manner required by Collier County. Approval of this deviation is subject to further review and comment during the development order process (SDP); at which time the developer must provide evidence acceptable to Collier County to show that the alternatives proposed meet or exceed the requirements of the LDC to a degree at least equivalent to the literal application of such regulations (LDC Section 10.02. 13.B.5.h.) 5. Landscape buffering for this project must be in compliance with the plan entitled, "Buckley Parcel, West Buffer Conceptual Landscape Plan - (Zoning) Phase," Sheet 1 of 1, dated November 15, 2004, except for that area between Buildings D-6/D-7 and the lake to the north of Buildings F- 1/F-2, for which the plan entitled, "Buckley Parcel - Master Plan," last revised November 17, 2004 will be the governing site plan. G. Advertising and Project Signs 1. All advertising and project signs shall be subject to the requirements of Division 5.06.00 of the LDC. 2. All site related signage shall be of a unifonn design, color, and material. H. Garbage Dumpsters No garbage dumpster shall be located within 60 feet of the connnon boundary line with the Emerald Lakes development and the Brighton Gardens ALF facility. G:\CummtlDeselemIPUD ReZ0n8sIBuckf.9y Mixed Use PUG. PUDZ-2004-AR-522VIPUD documentslPUD Document revised 12..()tK)4 w· 16 CCPC & Trans changøs clean version_doc Agenda Item No. 88 December 14, 2004 Page 98 of 107 I. Additional Design Requirements 1. A unified architectural theme will govern the development of all buildings, and all four sides of each building must comply with the architectural standards of the LDC. 2. No more than 25 percent of the total built square footage will be devoted to single story buildings. 3. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings fronting on Airport Road shall provide secondary accesses facing the street. 4. All four sides of each building shall reflect a common architectural theme. 5. A residential component equal to at least 25 percent of the GMP's allowable maximum density (ie., 343 units x 25% = 86 dwelling units) shall be constructed before completion of an aggregate total of 40,000 square feet of retail or office uses is completed. Site Development Plans for the initial phase(s) of development shall include a residential component based upon a ratio of eleven (11) dwelling units for each 5,000 square feet of gross commercial floor area, rounded to the nearest 5,000 square feet, until 86 dwelling units are constructed; thereafter, no residential component is required for approval of commercial floor area. At no time can any of these residential units be converted to a non-residential use without first constructing this same minimum number of dwelling units elsewhere in the POO, unless a GMP amendment allowing such change is approved and becomes effective. 6. All buildings shall be interconnected with pedestrian walkways. 7. No building footprint shall exceed 15,000 square feet. Common stairs, breezeways, or elevators may join individual buildings. 8. Drive-through establishments shall be limited to banks with no more than three drive-through lanes; the drive-through lanes shall be architecturally integrated into the main building. 9. Parking areas shall be screened from Airport-Pulling Road and from any properties adjacent to this development. 10. For any accessory structure without specific requirements within this PUD document, the accessory standards in LDC Section 4.02.03 shall apply. 11. Balconies on the west façade of buildings A-2, C-l through C-5 and E-I through C-7, and F - 2 are prohibited. G:\Cu1l'!ll'l/\D9slJIemIPUD Re:zone!\BuckIey Mixed Use PUD, PlJDZ-2004-AR../;22Q\PUD documfll'lls\PUD Docu.rnent rev/sed 12-00-04 w- 17 CCPe & Trans changes clean vers!oo.doo ."".--..-..---" Agenda Item No. 88 December 14,2004 Page 99 of 107 Summary of Setbacks, Space Between Buildings, Bunding Height, and Lot Coverage Develo ment Criteria Airport Road South BoUD West BoUD North Bound Building Height All Uses 20 feet 20 feet 100 feet 20 feet 3 stories 45 feet zoning height and actual hei ht of 55 feet 35 ercent Lot Area Cove e G:'lCurrorr/\DeselemlPUD R810118S\BuckJey MlxlJd Use PUD, PUDZ-2()()4..AR-52201PUD docum9flts\PUD DocUl1J9r t revised 12..()6.Q4 w- 18 cCPe & Trans changes cI/iIOO vørsion.doo Agenda Item No. 88 December 14, 2004 Page 100 of 107 SECTION 4 DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the project. 4.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC Chapters 1 and 10 shall apply to this project even if the land within the PUD is not to be platted. The developer, its successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the PUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer and any successor or assignee in title is bounded commitments within this Document. 4.3 POO MASTER PLAN A. Exhibit A, a two sheet set of plans, entitled, "Buckley Parcel -- PUD Master Concept Plan," sheet 1 of 1, last revised November 17, 2004, and "Buckley Parcel - West Buffer Conceptual Landscape Plan-(Zoning) Phase", dated November 15, 2004, illustrate the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of 1O.02.13.E of the LDC amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. C. Insubstantial changes to this PUD, as described in LDC Section 10.02.03.E., and to further include reductions from what is depicted on the Master Plan identified above in perimeter setbacks along Airport-Pulling Road, must be reviewed and approved by the Collier County Planning Commission. G:\Curmnt\Deseløm\PUD Rezone8\Buck/ey Mixed Use PUD, PUDZ·2004-AR·522fJ1PUD documentstpUD Document !9v1sed 12.()6.()4 w· 19 CCPe & Trans changes cJean \l9J'8Jon.doc Agenda Item No. 88 December 14,2004 Page 101 of 107 4.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISIONS The PUD shall be subject to the Sunset Provisions of Subsection I 0.02.13.D of the Collier County LOC. An annual monitoring report shall be submitted pursuant to Section 10.02.13.F of the Collier County LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 4.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDMSION REGULATIONS The Master Plan for the Buckley Mixed Use PUD is intended to achieve the goal of establishing a hannonious integration of residential and commercial development. This is to be achieved, largely through a common architectural theme but just as importantly, a spatial configuration that demands interaction between aU of the uses. The interaction is partly achieved by a strong pedestrian linkage system, and vehicular circulation plan. All requirements, relative to the design, and infrastructure improvements, remain applicable as provided by the LDC, with the exception that the surface of vehicular access ways may be constructed of brick pavers or other decorative material, and access way cross sections may differ from those required in the LDC and the Construction Standards Manual, so long as construction standards and materials employed are approved by the Engineering Review Services Department. Where the nature of development within the PUD provides for development standards which may be different from those required by the County's LDC, this section shall identify the development standards unique to this PUD, limited to: street right-of-way, pavement width, sidewalks, and other infrastructure requirements of the LDC and the Construction Standards Manual. The subdivision improvement standard substitutions are as follows: A. The Construction Standards Manual, Street Right-of Way Width--With the exception of a signature entryway with throat distance as required by Collier County, rights-of-way for platted streets may be forty (40) feet in width. B. The Construction Standards Manual, Intersection Radii--Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all project streets and a thirty-five (35) foot radius for intersection at entryway. C. The Construction Standards Manual, Reverse Curves-- Tangents shall not be required between reverse curves on any project street D. Section 6.06.02 of the LOC, Sidewalks--Sidewalks may vary :fÌ'om the literal application of requirements of this Subsection, recognizing the fact that a traditional platted streets system is inconsistent with the integrated and G:\Currt1flflDeselemIPUD Rezones\8m:kl9y Mixed Use PUD. PUDZ-2tXJ4..AR-522W'UD documents\PUD Document f9VÍsed 12-0fH)4 w- 20 cCPC & Tr7JfIs changes clean version.doc Agenda Item No. 88 December 14, 2004 Page 102 of 107 clustered nature of the planned mixed uses. Nevertheless, all land uses will be interconnected with a pedestrian walkway with a width of five feet that may be independent of any street right-of-way. As part of SDP approval for any substitution, the developer must submit each request for a substitution in writing to Community Development & Environmental Services, and he must provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering sources to substantiate the substitutions and he must show that the substitution is based on generally accepted, sound and safe, professional engineering principles and practices. Furthennore, no reductions from fire code requirements are approved. (Based upon LDC Section 10.02.04.3). 4.6 TRANSPORTATION The development of the land within this PUD 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 shaH be consistent with and as required by the Collier County LOC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Chapter 6 of the LDC. E. All work within Collier County rights-of-way or public easements shall require a right-of-way pennit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LOC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of G:\CurrentlDeSfJI9f11\PUD RezoneslBlJckley Mixed Use PUD, PUDZ"2004"AR"52201PUD cIocumentslPUD Document røvlsed 12~ w" 21 CCPC & TrIlfIs changes clean VfJfsío/!.doc Agenda Item No. 8B December 14, 2004 Page 103 of 107 the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier Country shall have no responsibility for maintenance of any such facilities. 1. If any required turn lane improvement requires the use of an 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. A southbound right turn lane at the primary access point and at the southerly entrance shan be required. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right- of-way or easement is detennined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K.. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or its assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. L. The developer, by Collier County Planning Commission direction, is encouraged to investigate the provision of a traffic signal at the project's main access point at the point that aligns with Lakeside of Naples at Citrus Gardens, the residential project located across Airport-Pulling Road. M. The northerly most access point shall be limited to right-in only. N. The developer shall, in cooperation with Transportation Planning staff, seek an interconnection for this project to Orange Blossom Drive, unless the interconnection is deemed by infeasible in a joint decision by the developer and the county. G:\CUl7'ef/tlDesetemIPUD Røz0n6s\Bucktey Mixed Use PUD, PUDZ·2004·AR·5mpUD oocumentsIPUD Document f9Vised 12..()6.{)4 w· 22 cCPe & Trans changøs clean version. doc Agenda Item No. 88 December 14, 2004 Page 104 of 107 4.7 ENVIRONMENTAL The development of the land within this PUD shall be subject to and governed by the following conditions: A. All provisions of the Environmental Sections of the Collier County GMP, Conservation and Coastal Management Element, and the LDC in effect at the time offinal development order approval shaH apply. B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas shaH be submitted prior to final planlconstmction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above plan. C. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and shall be subject to review and approval by Environmental Services Staff. D. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. E. All approved agency (SFFWMD, ACOE, FFWCC) pennits shall be submitted prior to final plat/construction plan approval. 4.8 WATER MANAGEMENT The development of the land within this PUD shall be subject to and governed by the fol1owing condition: Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction pennits shall be issued unless and until the Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. 4.9 UTILmES The development of the land within this PUD shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance Number 01-57, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. G:\Q¡l7OOtlDesel6mIPUD R810l18SIBuckley Mixed Use PUD, PUDZ-2004·AR.fj22O\PUD documøntsIPUD Document revised 12..()5.{)4 w- 23 cCPe & Trans changes cItan vtmion.doc Agenda Item No. 88 December 14, 2004 Page 105 of 107 4.10 COMMUNITY FACILITIES The development of the land within this PUD shall be subject to community facility improvements under the following condition: Recreational and/or leisure space improvements shall be constructed in the common spaces which will be used by project residents and the general public visiting the various business activities on the property, or otherwise attending a special event. 4.11 POLLING PLACES Pursuant to Section 2.01.04 of the LDC, provisions shall be made for the future use of building space within common areas for the pwposes of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas, including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if detennined to be necessary by the Supervisor of Elections. G:\CUlT9f!tlDeselemIPUD RelomJS\Buckf6yMixed Use PUD. PUDZ·2004·AR-52W.PUD documems'PUD DocfJl1l4)fltfflvlsed 12-ÆJ6-(J4 w- 24 CCPC & Trans changes clean version. doc I n'! II'I II' 11'1 ~¡!ll ¡lìf Ulí[ [[I ¡¡! ¡ ¡! I ¡¡! 1'tt }fl{ I· 111' iI t If, 1'1 J , H¡f-- f!1 Y11 ii ~ JI' I'~ Iff t, I . ~ f-. I !~ì!1 í í ~ '1' 'J I . . - ! II m í í í I ~ .. . r I- Üt I~tl ~ ¡Ii ~ !r! AI .. ..: ; ~ ~ ~ . , , ~ i . . ~ . ii , ., - I i ii If!' . '- ., - lìlt i ¡¡i ·'1 ' , 'fl. " - i, Ii n 11' t! .' 1" :: l- I! i i 1 ' I'" -'- r:. l- . . ° 1 j j, I C " l- i n " ~ ., - i ¡¡ · II - ¡¡ ~ L- " I- i ii ~ · ' , .J i-----' · , - I" ° I i i I . ~ ~ - i H " . .. f- ,i ii · .. l- i · .' I ii · " I ;;- l- i n · I " '- ii I I. l- I if · , - "1' · ii I " - I" :¡ -i L ,- I I ' I '. , , ,ii I~ "T I- ~ lIP § " ¡i . . I 'I' ¡', ,I ~ !:~ @ -, ! . ~ ! G:\p,o ecI.\806\80685\806BkpOS,dY.g, 11/1812004 043800 PM Agenda Item No. 88 December 14,2004 Page 106 of 107 'H' rtW i' ' · ,f ! I. :: qr ' , , " 'J III ...0. II . fl I I? i¡ , " ",1 ~ fill I ! J If f- I- It! , !IIi If t Jll 1"1 ¡ Ir II~ f h " ! II Ii · ¡j ! 1~', ~~ ¡ tí : ,~, i I ~ j II IfH 1 f ~ 1'00 10 0 II r r I ~ I f . ¡ : I r H Vanasse _ :::"'''':1_ I~ -- - - .. " - J.E.D. SOImIWEST FLORItM, ¡NC, ""--..- , ().-11·Of - RtMstD PClI coweR t:OIJNrr SlJl77ClCNCI' ".. -"-"-." . H-"-Df "'. "nt'U'D f'C1 COUP cølJNrr SIJmC1£NC'f 'Daylor :::=.. I JO CnIO all' FonIofIØ troy .__ ~\O ____10 ., I .. !$c:-:-__ NopIn, flfmsø J41fJØ .- .... -.-- -- ... ·"IO' e. Bucldey Pett:M S.ctiGrI 02. T~ 495. Røng,2St - .., / -rJ...oJ .... "" Ij.,J-4J _"'-",,"·~A Colier Ccutty. r/ol'ldt1 -"" 'l-l,J-{ J G:\prOiects\806\8Oð8S\Landscape\8068S-la-exhlbit01,cI\Yg, 11/1812004 04:30:03 PM fl· ¡Ii I ¡ ¡:~ ! @ ~r ~, ~"'I I -1. ¡ ~l :1..1 @~ .~.~ "0 O'~r ---I','. C. --1' ~ --=..:::.¡ r' >..~"...... "". ~ """ -..".:>"" '..,...-. -........'1:. - w_~ - .'-........,.-..- 11\ ~ ¡ , , t I I ¡ Agenda Item No. 88 December 14, 2004 Page 107 of 107 I4J?OO® I i -0 r Þ z -t r m (;I m z 1] ~ ¡[fi2f.'~'-'---- .......= . ,,: ¡ Œ I ...J ¡ '''''_'''''''" ..-1 : ¡ i ~'I Ii! -->-'--~I-~ g. ~:. Q i [ f ¡ f [< ft ~ ~ . l i j -- - . .. n. - ~ 'Iv _-- ,...- JE.D. SOUTHWEST F'ORIDA tHe. ....--..- !I. t anasse =- --"',:-i': -.-..-. "JO COI'N'CI tift Fontana Wøy .... -.. Ii Daylor - ~~:';:: ----.. ~ HopIu, F/ølida J.H09 .... ,--.- - '-.10' -.-- -- .- .., P"J-CO e. llucldey PI'" Sft:tiol! 02. TrttmMtip 495, llan9ø 25[ - ,...,-() . .... - __~/~I'IIiI·(Z«IifVII_ Coif_ CoutIIy. Florida -"" ,,_IJ--Df Agenda Item No. 8C December 14, 2004 Page 1 of 5 EXECUTIVE SUMMARY Adoption of an Ordinance amending Chapter 74 of The Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13, The Collier County Consolidated Impact Fee Ordinance, providing for annual mid-cycle year indexing adjustments to water and sewer impact fee rates. OBJECTIVE: Board of County Commissioners adoption of an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, thereby establishing methodologies for adjusting Water and Sewer Impact Fee rates in the two mid-cycle years between full-scale impact fee update studies. Said mid-cycle adjustments shall be conducted by means of indexation to incorporate changes in the relevant costs of construction of the subject public facilities. ,- CONSIDERATIONS: Collier County has used impact fees as a funding source for growth-related water and sewer capital improvements since March 21, 1978. On May 25,2004, the Board adopted Resolution No. 2004-184, establishing the current Water and Sewer Impact Fee rates based on recommendations from the consultant as a result of the 2004 Water Impact Fee Study Update and the Sewer Impact Fee Study Update. This most recent change increased the Water Impact Fee by 3.5 percent and the Sewer Impact Fee by 2.0 percent from prior rates in effect as of April 1, 2003. Adoption of these new Impact Fee rates marked the commencement of three-year update cycles pursuant to Collier County Ordinance No. 2001-13, as amended, Section 74-502. With this proposal, the current Water and Sewer Impact Fee rates, which took effect June I, 2004, win remain in effect until approximately June I, 2005, at which time the first mid-cycle adjustment will become effective. Beginning on or about June 1, 2005, the County will implement mid-cycle adjustments to Water and Sewer Impact Fee rates based upon the "Consumer Price Index (CPI) - Miami-Ft. Lauderdale MSA, FL, All Items," as reported by the United States Bureau of Labor Statistics, for the most recent period for which figures are then available compared to the same CPI figure reported for the same period one year prior: This practice is consistent with the Parks and Recreational Facilities Impact Fee Rate Indexing methodology adopted by the Board of County Commissioners in Section Two of Ordinance No. 2002-66 on December 3, 2002. Section One of Ordinance No. 2002-66 also approved a three-year Road Impact Fee update cycle in each of the two mid-cycle years between the fonnal three-year updates. - GROWTH MANAGEMENT IMP ACT: Impact Fees provide funding for capital improvements to public facilities as indicated by the Capital Improvement Element of the Collier County Growth Management Plan. The proposed indexation methodology is designed to enhance predictability of revenue receipts while reducing consultant costs and avoiding large, unforeseen rate increases every three years. 1 k'~">""'_~"~'_' Ordinance Amendment-Mid-Cycle Indexing of Water and Sewer Impact Fee Rates Agenda Item No. BC December 14, 2004 Page 2 of 5 FISCAL IMP ACT: The proposed indexation methodology is designed to be implemented each year in order to ensure that impact fee rates keep pace with capital construction costs while avoiding large impact fee increases at the end of each three-year update cycle and the resulting economic disruptions affecting the County's building industry. The most recent change to the Water and Sewer Impact Fees, in effect since June 1, 2004, increased the Water Impact Fee from $2,570 to $2,660 per ERC, an increase of 3.5% and increased the Sewer Impact Fee from $2,950 to $3,010 per ERC, an increase of 2.0010. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, adopt an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, thereby establishing a methodology for adjusting Water and Sewer Impact Fee rates in the two mid-cycle years between full-scale impact fee update studies; and that the Board authorize an effective date of said Ordinance to occur upon filing with the Office of the Florida Secretary of State. Prepared by: Joseph Bellone, Operations Supervisor, Public Utilities Division 2 Agenca Item No. BC December 14. 2004 Page 3 of 5 COLLIER COUNTY .'- BOARD OF COUNTY COMMISSIONERS Item Number Item Summary BC Adoption of an Ordinance amending Chapter 74 af The CQliier County Code of Law and OrdInances, as amended by Ordinance No. 2001A13. The Colher County Consolidated Impact Fee Ordinance. providing for annual míd~cyr.:le year indexing adjustments to water and sewer 1IT\pact fee rates Meeting Date 12/14/20049:00.00 AM Approved By Joseph Bellone Operatíons Supervisor Data Publíc Utilitíes Publìc Utilities Operations 1119120043:35 PM Approved By John A. Yonkosky Utility BIlling Olrnctor Date Public UtH/tles UBes 11112/2004 2:08 PM Approved By Amy Patterson Impact Fee Manager Date Community Development & Financial Admin. & Housing 11115120049:23 AM Envlroome-ntal Services Approved By Thomas Wides Operations Director Oat. Public Utilities Public:: Utilities Operations 11/18/20048:32 AM Approved By James W. Delony Public Utilities; Administrator Date- Public Utilities Public Utilities Administration 1111912004 4:31 PM Approved By OMB Coordinator Admínistrative Assistant Date: County Manager's Office Offic!l of Management & Budget 12/212004 9:53 AM Approved By r"-' Susan Usher Senior Mana.gementIBudget Analyst Date County ManSiger's Office Office of Management & Budget 12/3/20043:36 PM Approved By Michael 5lnykowski Management & Budget Director Date County Manager's Office Office of Management &. Budget 12/6/20041:16 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12/6/2004 4: 31 PM Commissioner", ,. *- sc., tx}4ofS ORDINANCE NO. 2004- _ AN ORDINANCE OF COLLIER COUNTY, FLORIDA, ADDING A NEW SECTION (g) TO SECTION 74-303 (IN ARTICLE III) OF ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE)t TO REQillRE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO THE WATER AND SEWER IMPACT FEE RATES; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LA WS AND ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board adopted Ordinance No. 2001-13, the "Consolidated Impact Fee Ordinance," (Chapter 74 of the County's Code of Laws and Ordinances) which requires fonnal updates of all Collier County impact fee rates in three- year cycles adopted by Resolutions of the Board following public hearings; and WHEREAS, in accord with that direction, staff retained Public Resources Management Group, Inc. (Consultant) to undertake a Water and Wastewater Impact Fee Study Update to review the existing water and sewer impact fees and to recommend changes to those fees when appropriate; and WHEREAS, in a report issued on March 9, 2004, the Consultant recommended a water impact fee rate increase from $2,570 per ERC to $2,660 per ERC; and a sewer impact fee rate increase from $2,950 per ERC to $3,010; and WHEREAS, on May 25, 2004, the Board of County Commissioners adopted Resolution No. 2004-183, to amend schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances as amended, the County's Consolidated Impact Fee Ordinance, and thereby to authorize the recommended increase in the water and sewer impact fee rates, with an effective date of June 1,2004; and WHEREAS, in each of the two interim years (between the three-year updates) the Board desires, by indexing, to incorporate changes in the relevant costs into the Water and Sewer Impact Fee Rates. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. A new Section (g) is hereby added to Section 74-303 (in Article ill) of the Collier County Code of Law and Ordinances (the same being Collier County Ordinance No. 2001-13), as follows: (e) Annual Mid-Cvcle Water and Sewer Imoad Fee Rate Indexine. Beginninsz January 1. 2005. the County shall commence a three-year Water and Sewer Impact Fee update cycle pursuant to Subsections 74-201.B. and 74-502.A. of this Ordinance. In each of the two mid-cvcle vears (between the fonnal three-year uooates) and beginning on or about June 1. 2005. the Count v shall implement indexing adiustments to each Water and Sewer Impact Fee amount by multiµlying the then current Water and Sewer Impact Fee rates by a fraction. the numerator of which 1 -48L ~Sc.ç.5 " shall be the "Consumer Price Index - Miami-Ft. Lauderdale MSA. FL. All Items." as reported bv the United States Bureau of Labor Statistics. for the most recent period for which figures are then available. and the denominator of which fraction shall be the "Consumer Price Index - Miami-Ft. Lauderdale MSA. FL. An Items" as reoorted by the United States Bureau of Labor Statistics. for one year prior to the period specified in the numerator. Mid-cycle indexed rate change adiustments shall be adopted by a Resolution of the Board pursuant to Subsection 74-201.B. of this Chapter. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section", "article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOYfED 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: By: Donna Fiala, Chairman Deputy Clerk Approved as to fonn And legal sufficiency: 30\1'^ r~ Thomas C. Palmer, Assistant County Attorney 2 ..--...~,._._---_.-,.__......_.....,-"..._~-_.~.~._' EXECUTIVE SUMMARY Recommendation to adopt an ordinance authorizing the issuance of limited general obligation bonds (Conservation Collier Program) from time to time payable from the levy of an ad valorem tax levied upon all taxable real property in the County in an amount not to exceed one-quarter of one mill for the principal purpose of acquiring certain environmentally sensitive lands within the County; providing for various rights and remedies of the bondholders; providing that the bonds authorized hereunder will be limited general obligations of the county; and providing an effective date. OBJECTIVE: That the Board of County Commissioners adopts an ordinance exercising its home rule powers to issue bonds secured by the levy of an ad valorem tax levied upon all taxable real property in the county in an amount not to exceed one-quarter of one mill (the "limited ad valorem tax") for the principal purpose of acquiring certain environmentally sensitive lands within the county. CONSIDERATIONS: On November 5, 2002, a bond referendum election was held and the issuance of not exceeding $75,000,000 principal amount of limited general obligation bonds payable from the Limited Ad Valorem Tax was approved by a majority of the qualified electors of the County voting in said referendum election. On December 14, 2004 (Agenda Item lOB) the Board is being requested to adopt a resolution that authorizes the issuance of limited general obligation bonds to finance the acquisition of environmentally sensitive land within Collier County in a not-to-exceed amount of $75,000,000. To maximize the County's legal standing, bond counsel further recommends the adoption of a "home rule powers" ordinance that recognizes the Board of County Commissioner's authority to issue debt and to secure the debt with the levy of the limited ad valorem tax. The draft ordinance was advertised on December 3, 2004. The adoption of a "home rule powers" ordinance is also consistent with previous Board action when pledging gas taxes. FISCAL IMPACT: On December 14, 2004 (Agenda Item lOB) the Board is being requested to adopt a resolution that authorizes the issuance of limited general obligation bonds to finance the acquisition of environmentally sensitive land within Collier County in a not-to-exceed amount of $75,000,000. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance exercising the County's home rule powers to issue limited general obligation bonds secured by a countywide tax levy in an amount not to exceed one-quarter of one mill for the principal purpose of acquiring certain environmentally sensitive lands within the County. Prepared by: Michael Smykowski, OMB Director P8.. ORDINANCE NO. 2004- AN ORDINANŒ AtITHORIZINO THE ISSUANCE OF LIMITED GENERAL OBLIGATION BONDS (CONSERVATION COLLlER PROGRAM) FROM TIME TO TIME PAYABLE FROM THE LEVY OF AN AD VALOREM TAX LEVIED UPON ALL TAXABLE REAL PROPERTY IN TIlE COUNTY IN AN AMOUNT NOT TO EXCEED ONE-QUARTER OF ONE MIlL FOR THE PRINCIPAL PURPoSE OF ACQUIRING CERTAIN ENVIRONMENTALLY SENSITIVE LANDS WITHIN THE COUNTY; PROVIDING FOR VARIOUS RIOms AND REMEDIES OF TIlE BONDHOLDERS; PROVIDING THAT THE BONDS AUTHORIZED HEREUNDER WILL BE lJMITED GENERAL OBLIGATIONS OF THE COUNTY; AND PROVIDING AN E.F'FECrIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMIsSIONERS OF COLLIER COUNTY, FLORIDA: SECl'ION 1. DEFINITIONS. When used in dùs Ordinance, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Act" shall mean Chapter 125, Florida Stattltes, Article VII, Section 12 of the Florida Constitution. and other applicable proviaions of law. "Boørd" shall mean the Board of County Commissioners of Collier County, FIorida. and any succeasor thereto. "BoD.d Re8oIu1ioa" shall mean the resolution of the County providing for the security for the Bonds, the flow of funds, the rights and remedies of the Bon<D.toldc:cs and various other tcm1s and details re.1at:ing to the Bonds, as the same may be amended 01' supplemented from time to time. "Boods" shall mean limited genenl obligation bonds relating to "Conservation Collier" (as described in the Referendum Resoluâon) issued by the County pursuant to this Ordinance, payable from the Linrlted Ad Valorem Tax. "Cost" when used in connection with a Project, shaJ1, to the extent permitted by the Act, mean (1) the County's of physical CODBtruction; (2) costs of acquisition by 01' for the County of such Project any portion thereof; (3)-äny costs of land and interests therein and the cost of the Co ty incidental to such acquisition (including, without limitation. title insurance and re ated costs and costs associated with. the examination, survey and any remediation re' with respect to such land); (4) the cost of. any indemnity and surety bonds premiums for .insurance during CODStmction; (5) all interest due to be paid on BOOdsË. other obligations relating to the Project durin. . g the period of CODBtIucbon of the Proj t and a reasonable period subsequent to completion of construction as the County may '; (6) engineering. architectural. legal, financial advisory and other consultant fe and expenses: (7) costs and expenses of the rmancing incurred for the Project, including fees and expenses of any paying agent, registrar, municipal bond insurer, credit bank or depository; (8) payments, when due (whether at the maturity of principal or the due date of intereat or upon redemption) on any interim or 1 .---"",.--..,-.- ---"'-'--,-"--~-".~^..,..,, iSb ~.2. temporary indebtedness of the County incurred for the Project; (9) costs of machinery. equipment, technology, supplies, spare parts, furniture and any olber items required by the County for the commencement of operation of the Project; and (10) any other costs properly attributable to such construction or acquisition or to the issuance of the Bonds which finance the Project, as determined by generally accepted accounting principles and shall include reimbursement to the County for any such items of Cost heretofore paid by the County prior to the issuance of the Bonds or other obligations issued to finance the Project. The Bond Resolution may provide for additional items to be included in the aforesaid Costs. "COUDty" shall mean Collier County, Fl.orida, a political subdivision of the State of Florida. "Limited Ad Valorem Tax" &b.all mean the ad valorem tax levied on all taxable property witlún the County in an amouDt not to exceed one-quarter (114) of one mill to pay the annual debt service on the Bonds as approved by the qualified electors of the County voting in the November 5, 2002 bond. Iderendum election. "Project" shaU mean the acquisition of certain enviromnentally sensitive lands by the COWlty and any additional capital improvements or working capital costs related thereto which may be fmanced with proceeds of the Bonds under the Act The description of each Project shall be set forth in the Bond Resolution or supplemental re&Olution authorizing the issuance of Bonds which shall finance the Costs of such Project. "Rdereødum Resolution" shall mean Resolution No. 2002-265 adopted by the Board on June II, 2002. The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms shall refer to this Ordinance. Words importing the singular numbe.r include the plural number, and vice versa. SECTION 2- follows: FINDINGS. The Boaed hereby finds and. determines as (a) Pursuant to the Referendum Resolution, the County ordered the holding of a bond referendum election to detemriDe if the qualified electors of the County would approve the issuance of not exceeding $75.000,000 principal amount of limited general obligation bonds payable from ad valorem tax to be levied in an amount not to exceed onc-quarter (1/4) of one mill on all taxable property within the County for the principal purpose of fiDancing the acquisition of certain enviroomentally sensitive landa within the County in order to protect water resources, wildlife habitat and public open space suitable for resource based recreation. . (b) On November 5, 2002, a bond referendt.ún election was held and the issuance of not exceeding $75,000,000 principal amount of limited genera) obligation bonds payable from the Umited Ad VaIorem Tax WBS approved by a majority of the qualified elector" of the County voting in said referendum election. (c) It is in the best interests of the citizens and consistent with the goals and purposes of "Conservation Collier" 88 desaibed in the Referendum Resolution to acquire enVÚ'onmentalIy sensitive lands from time to time to protect water resources, wildlife habilat and/or public open space suirable for resource based recreation. 2 *8b p~.3 .,-"~~,--,~.......----"'-~._.,."",. ,.,.,._"-,~._......._---,- (d.) It shall be necessary and desirable to issue Bonds from time to time to finance and refinance the Costs of Projects and such Bonds shall be payable from the Limited Ad Valorem Tax as provided herein and in the Bond Resolution. SECI'ION 3. ISSUANCE OF BONDS. (a) The Board shall have the power and it is hereby authorized to provide pursuant to the Bond Resolution, at one time or from. time to time in series, far the issuance of Bonds of the County payable from the Umited Ad VaIorem Tax as provided in the Bond Resolution far one or mare of the following purposes: (1) paying aU or a part of the Cost of one or more Projects, (2) refunding Bonds or refinancing other indebtedness of the County incurred to finance or refinance Projects. (3) funding a debt service reserve account. (4) capitaIizjng interest on the Bonds, and (5) paying costs of issuance relating to the Bonds. The principal of and interest on each series of Bonds shaII be payable from the Limited Ad Valorem Tax, as detennined pIJ1'SUaDt to the Bond Resolution. The County may secW'e each series of Bonds with the Limited Ad Valomn, Tax in tile manner and to the extent provided in the Bond Resolution. Sucb Limited Ad Valorem Tax shaII immediate1y be subject to the pledge granted in the Bond Resolution without any physical deJivety thereof and such pledge shall be valid and binding as against all parties having claims of any kind. in tort. contract or otherwise against the County. (b) The Bonds of each series shall be dated, shall bear interest a.t such rate or rates. shall mantte a.t such time or times oot exceediog the time periods allowed under the Referendum.-Resolution, may be made redeemable before maturity, at the option of the County, at sucl1 price or prices and uDder such terms and condítions, all as shall be determined by the Board pursuant to the Bond Resolution. The Board sba1I determine the form of the Bonds. the manner of executing such Bonds, and s.hal1 fix the denomination or denominations of suc.b Bonds and tire place or places of payment of the principal and interest. whicb may be at any bank or trust company within or without the State of Florida. In case any officer whose signatDre or a facsimile of whose signature &hall appear OD any Bonds shall cease to be sucb officer before the delivery of such Bonds, such signature or such fac.simile shaIl nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. The Board may seU such Bonds in such manner and for such price as it may determine to be in the best interests of the County in accordance with the tenns of the Bond Resolution. In addition to the Limited Ad Valorem Tax, the Bonds may be sCCW"ed. by such credit enhancement as the Board determines to be appropriate pursuant to the Bond Resolution. The Bonds may be issued as capital appreciation bonda, current interest bonds. term bonds. serial bonds. variable rate bonds or any combination thereof, aU as shall be determined ptmuant to the Bond Resolution. (c) Prior to the preparation of deñnitive Bonds of any series, the Board may, uuder like restrictions, issue interim receipts, interim certificates or temporary Bonds exchangeable for definitive Bonds when sucl1 Bonds -Wive been execntcd and are available for delivery. The Board. may also provide for tbe replacement of any Bonds which shall become mutilated, or be destroyed or lost. Bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedi.ngs, conditions or things which are SpeciÏ1Ca1Jy required by this Ordinance. (d) The proceeds of any series of Bonds shall be used for such purposes, and shaU be disbursed in such manner and under such res1rictions, iÌany. as the Board may provide p1Jl'BUaOt to the Bond Resolution. (e) The Bond Resolution may also contain such limitationa upon the issuance of additional Bonds as the Board may deem proper. and such addit.iooaJ. Bonds shall be issued under such reslIictions and limitations as may be prescribed by such Bond 3 ::tab ~.q -"",,.--~,,~..~..-. -------- Resolution. The Bond Resolution may contain such provisions and terms relating to the Bonds and Limited Ad Valorem Tax as shall not be inconsistent herewith. SECfION 4. LIMITED GENERAL OBLIGATIONS OF THE COUNTY. The faith, credit and taxing power of the County shall be pledged for the full and prompt payment of the principal of and interest on the Bonds; provided, that such pledge 18 a limited obligation of the County which shall not exceed one quarter (l/4) of one mill of ad valorem taxes. A direct annual tax not in excess of one quarter (114) of one miU shaÌl be levied upon aU taxable property of the County to make such payments. No Holder or Holders of the Bonds shall ever have the right to compel the full faith, credit and taxing power of the County in amount greater than the Limited Ad Valorem Tax. Provision shall be included and made in the annual budget and tax levy for the levy of the Limited Ad Valorem Tax hereinbefore provided. Whenever the County shall, in any fiscal year, have irrevocably deposited in the sinking fund established under the Bond Resolution any moneys derived from. sources other than the aforementioned Limited Ad Valorem Tax, said Limited Ad Valorem Tax: may be correspondtngly diminished; but any such diminution must leave availabl.e an amount of such I..Jm.ited Ad Valorem Tax, after allowance for anticipated delinquencies in collection, fully sufficient, with such moneys so deposited from other sources, to assure the prompt payment of principal, interest and other related charges falling due prior to the time that the proceeds of the next annual Limited Ad Valorem Tax levy will be available. Such Limited Ad Valorem Tax shall be levied and collected at the same time, and in the same manner, as other ad valorem taxes of the County arc assessed, levied and coUected. SECTION S. TRUST FUNDS. All moneys received pursuant to the authority of this Ordinance, whether as proceeds from the sale of Bonds aT the Limited Ad Valorem Tax, shall be deemed to be IrUSt funds, to be held and applied solely as provided in this Ordinance and in the Bond Resolution. Such Limited Ad VaIorem Tax may be invested by the County. or its designee, in such manner as provided in the Bond Resolution. SECTION 6. REMEDIES OF BONDHOLDERS. Any holder of Bonds, except to the extent the rights herein given may be restricted by the Bond Resolution, may, either at law or in equity, by suit, action, mandamus or other proCeeding. protect and enforce any and all rights under the laws of the State of Florida. or granted hereunder or under such resolution, and may enforcc and compel the performance of a1l duties required. by this part, or by such resolution, to be performed by the County or the Board or by any offiœr thereof. SECTION 7. ALTERNATIVE METHOD. This Ordinance shan be deemed to pcovic1e an additional and altemative method for the doing of the things authorized hereby and shall be zegarcled as supplemental and additional to powers conferred by other laws, and shall not be regarded as in-œrogation of any powers now existing or which may hereafter come into existence. ~s OrdiJUlllCr;, being necessary for the welfare of the inhabitants of the County, sha1l be liberalJy constmed to effect the purposes hereof. SEmON 8. SEVERABn.ITY. If any section, paragraph, clause or provision of this Ordinance sba11 be held to be invalid for any zeason, such invalidity shall not effect the validity 01" enforcement of any of the remaining provisions hereof. This Ordinance shall take precedence over and supersede any other ordinance or resoJution of the County to the extent of any conflict or inconsistency therewith. SECI'ION 9. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed in tbe Department of State by the Clerk within ten days after enacfmcnt by the Board and shaI1 take effect upon filing. 4 ~8b f9.5 ---_..._"",-" - . ._'-,.._~-----,.-_._--,~,.,-~~~.,~-~ PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, tJùs 14th day of December, 2004. ATTEST: Dwight E. Brock:., CLERK BOARD OF COUN'IY COMMISSIONERS COILIER COUNTY, FLORIDA BY; DEPUTY CLERK BY: Donna Fiala, CHAIRMAN Approved as to form and legal sufficiency: l~ j,./ M£ Michaer W. Pettit Chief Assistant County Attorney 5 >.-<------ *8.b ~.b .....-- ------_.---- EXECUTIVE SUMMARY Agenda Item No. 9A December 14, 2004 Page 1 of 24 .~. A$t'Ø~NT OFMEMBER(S) TO THE LffiRARY ADVISORY BOARD OBJECTIVE: To re-appoint 2 members to serve 4-year terms, expiring on December 31, 2008, on the Library Advisory Board. CONSIDERATIONS: The Library Advisory Board has 3 terms expiring on December 31, 2004, representing Commission Districts 2, 4, and 5. This 5-member board acts on behalf of the Board of County Commissioners to establish policies of the Library Department including, but not limited to, policies relating to materials acquisition and circulation, collection development, and eligibility of individuals for library services. They also act in an advisory capacity to the Board of County Commissioners for all Library Department issues regarding the establishment of fees, the budget, capital planning, staffing levels, and other library related programs. A list of the current membership is included in the backup. The terms for Doris J. Lewis (District 4), Andrew H. Reiss (District 2), and Diane Williams (District 5) will expire on December 3l, 2004. A press release was issued and resumes were received from the following 8 interested citizens: APPlJCANT CATEGORY mn ELECTOR ADV. COMM. ,,-- District 2 District 2 District 2 District 3 District 3 District 4 District 4 District 4 2 2 2 3 3 4 4 4 Yes None Yes None Yes Library Advisory Board Yes None Yes None Yes None Yes None Yes Lib COMMlTI'EE RECOMMENDATION: Andrew H. Reiss - District 2, re-appointment Doris J. Lewis - District 4, re-appointment NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on anyone Board. .." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, both Doris J. Lewis and Andrew H. Reiss have served 2 full terms. Should the Board wish to re-appoint Ms. Lewis and Mr. Reiss, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMP ACT: 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 confinning the appointments. ~' Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 14, 2004 Agenda Item No. 9A December 14, 2004 Page 2 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9A Meeting Date Appointment of members to the Library Advisory Board 12/14/2004 9:0000 AM Date Prepared By Sue Filson Executive Manager to the BGG 11/18/200410:55:47 AM Board of County Commissioners BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/2/20045:11 PM ,.. Agenda Item No. 9A ..tPecember 14, 2004 ~J-"' Page 3 of 24 October 27,2004 Ms. Sue Filson Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 RE: Library Advisory Board Dear Ms. Filson: Marilyn Matthes distributed the packet of Library Advisory Committee resumes/applications today during our October Library Advisory Board. The Board Members reviewed all the applications and have voted unanimously to keep the present board members for an additional four-year tenn. Andrew H. Reiss - District 2 Doris J. Lewis - District 4 We received two applications for District 3, but this position is filled until 2006 by Sabina Musci. Will you need to put another announcement in the Naples Daily News to advertise the upcoming District 5 vacancy? We will wait to hear from you upon Board approval. Thank you for your consideration and both Andrew and I look forward to serving on the Library Advisory Board. Sincerely, OQ'Ú.o ~. ~ Doris J. Lewis Library Advisory Board, Chair Agenda Item No. 9A December 14, 2004 Page 4 of 24 Library Advisory Board Nøm.e Work Phone Appt'd Exp. Date Term No,. Phone DøJeJœ-appt 2ndEJrpDtlte 2nd Term Ms. Doris J. Lewis 403-8702 01114/97 12131/00 4 Years 645 Yucca Road 261~754 01109101 12131104 4 Years V' Naples, FL 34102 E-Mail: District: 4 Category: Mr. Andrew H. Reiss 261-9300 01/13/04 12/31/04 1 Year / 7085 Timberland Circle 596-2187 Naple~ FL 34109 E-Mail: ahreiss@napleslaw.com District: 2 Category: Ms. Diane WiUiams 06117/97 12131/00 4 Years 451 Widgeon Pt. 213-1396 01/09/01 12131104 4 Years /' r- Naples, FL 34105 E-Mail: District: 5 Category: Ms. Loretta Murray 01/13/04 12/31/06 3 Years 9087 Michael Circle, #1 417-9915 Naples, FL 34113 E-Mail: bobsails@msn.com District: 1 Category: Ms. Sabina Musci 643-2324 12/13/94 12131198 4 Years 4470 32nd Avenue, S.W. 12/17/02 12131106 4 Years Naples, FL 34116 E-Mail: District: 3 Category: 'I7uusday, J_uaFy 15, 2()(J4 Page 1 of:J Agenda Item No. 9A December 14, 2004 Page 5 of 24 library Advisory Board Nøme Work PlrOlle A.ppt'd Exp. Dote Tom HOIIIt! Phone Datdl~ 2tulExpDate 2"d Tom This 5 member commitl8e was ~lla.tt by On:l No. 88-7110 advise the 8oan:t d County Commissioners on the opet'IIItiot. and ~ budget for the Collier County Ubrary System. Members are composed d 5 members reprtlsanti.., the 5 commission ~ Terms are 4 years. FL STAT trl~ ..: L IA fl'IA1th-éS Stilffi ~i~ Director: 774-8488 Thundilp, JonUMyl5, 2004 Pøg~2of2 ~.-. Agenda Item No. 9A December 14, 2004 Page 6 of 24 MEMORANDUM DATE: October 25, 2004 TO: Elections Office Sue Filson. Executive Manai ~~ \ Board of County Commissio::2A FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Co¡nmi ¡.'JÏoners 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. LIBRARY ADVISORY BOARD COMMISSION DISTRICT Marci Seamples pS '3 5762 Lago ViUaggio Way Naples, FL 34104 Phyllis Willdnson f's 2 6496 Hex Circle Naples, FL 34109 '3 (eS Greg Borden 14780 Indigo Lakes Circle Naples, FL 34119 U Jeanne Alexander Feight y¿<; 4255 Gulf Shore Blvd., N., #205 Naples, FL 34103 Suzanne Hawley (¿s ;) 1921 Princess Ct. Naples, FL 34110 Andrew H. Reiss j¿~ ~ 7085 Timberland Circle Naples, FL 34109 Stephanie B. Spell itS ¿¡ 3050 Buena Vista Lane Naples, FL 34105 Doris J. Lewis 645 Yucca Road Naples, FL 34102 1t'~ Agenda Item No. 9A December 14,2004 Page 7 of 24 L/ Thank you for your help. MEMORANDUM, Agenda Item No. 9A December 14, 2004 Page 8 of 24 DATE: October 25. 2004 TO: Marilyn Matthes. Interim LibraryTr Sue Fi1so~ Executive Manag · Board of County Commissio · FROM: RE: Library Advisory Board As you know. we currently have vacancies on the above-refereri.ced advisory committee. A press release was issued requesting citiæns interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Marci Seamp1es 5762 Lago Villaggio Way Naples, FL 34104 Phyllis WiIkiœon 6496 Ilex Circle Naples, FL 34109 Greg Borden 14780 Indigo Lakes Circle Naples, FL 34119 Jeanne Alexander Feight 4255 GuIfSbore Blvd.,N.. #205 Nap~, FL 34103 Suzanne Hawley 1921 Princess Ct. Naples, FL 3411 0 Andrew H. Reiss 7085 TmiberJand Circle Naples. FL 34109 Stephanie B. spen 3050 Buena Vista Lane Naples. FL 34105 I I Doris J. Lewis 64S Yucca Road Naples, FL 34102 _..~----..,.~,"- Agenda Item No. 9A December 14, 2004 Page 9 of 24 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 4 I day time-ftame, and I will prepare an executive summary for the Board's consideration. Please categorize the appBeauts in areas of expertise. If you have any questions, please call me at 774-8097. 1bank you for your attention to this matter. SF Attachments e Agenda Item No. '9Ä 1 December 14, 2004 Page 10 of 24 Board of County .Cø~~issioners ~ 3301 EaSt Tamlan;ai' Trail .' . I Naples, FI.. 34HZ, ..~,.... P1J\" (139) 774-8~7 RECE\VFC/:", :4 Fax: (139) 77~~601 . ;. ~ . .J . ^ -" -" f ' . I ..... r'o ....' '~I" ". .....' . .. _..~'.. ~? i.;'.?~:'.: ., ... I Oct 20 04 11:17p Application for Advisory Committe~iB~¡a~d~ë,VY· ê i..' ",~( Home PboDe: 455 -'7l.øCf(¿; , Name:l'1a.~d 5~'(Op\~~ Ho~e Address: 5'7{,)' L~"ï \\~~ Way Fax No. '7'1Lf -3$ 3\ Business Phone: 79'1- 3'71~ Zip Code: ':1.&i 10'1 e-mail address:M 5~éJ"'r\e~@aot (<.0"" Business: Cð-nnon Bvb;'n~~ -6et'''\4;.e~ Board or com~ittee Applied for: L'b("ð("l· Ad.\J~~CX1 Boa~ Category (if applicable): EDtIllJlIc: Com........n DIJIrict. DlfftIoper. em1ntn_.......I.y pencm. de. Are you a registered voter in Collier County: Yes)( No Do you clII'reatly bold public ofl'"ace? Yes NO)(.. If so. what I. dlat eflIee1 e Do you ._ sel'Ve. or have you ner served, 08 . Collier COIIaty boant or comMittee? Yes If yes, pleue lid .he _..miue~ No )<: . . " nc ~.\. ~ \u'> p~ ~ ~+iCA. ""'"I"i97: . ........i/o.,~ ~':"'!:ft.J¡).¡ ~~ (! ,¡~ \ " 0"'''''·;<1 01. Ao.--\,,,...... ~A <.~~y_-=-=-~----.--: ~_!I.ri_' -,-:"__'+y J MA l.~ H~rw!M'I"") I Esperiellce: Pk;:l~ ":;l~ ...*a.::.~ re}C,.úmP. . ~~ÿ+l.. 71!~'''i:;' ~~:t.:r;~ f.:ì.,l~~¡i'~"~<e~B:~«kr . -/. "1· ."',: - p,- tlllllt:lløy _lItlhiMlIII in/ørrrulfiMt)1tlØ.f«I pminøt. Tfril II Iplfc/IIIM ",.,tlb« ftNWØt'IUd . SUe plb/tRl, /!:Jm:rldIIe MIIIUIgU to dw lIøIW t1/0nnttI c-.~ 3301 EiIt T_1II#mfi TlWiI, Nql.. FL Ull1. lf7P" wiII/I,pl#IIUføJ1f1#ll.",mnzdtm · (239'J714-JfIJ1l1r -ml to l..m¡",.rúI,,,,'~.II6. nøk ytIfI/ør II(J/...~ to -,,,, cII/uIu o/CoIIiø CØIUIly. ."t'" e e - Oct 20 04 11:1?p p-.2 Agenda Item No. 9A December 14,2004 Page 11 of 24 Marci-Nicole Seamples 5762 Lago Villaggio Way Naples, FL 34-~ 04 239-455-7696 . MSea.mples@ao!:com .. EDUCATION Carnegie Mellon University. Pittsburgh, Pennsylvania H. John Heinz III School of Public Policy and Management Masters of Arts Management (with Distinction), May 2003 University of Rochester. Rochester, New York Bachelor of Arts in Psychology, May 1998 Interlochen Arb Academy, Interlochen, Michigan Diploma, Voice Major, May 1994 {" \. EXPERIENCE Cannon Business Services, Naples, Florida Accounting/Bookkeeping Associate. 1/04 - present · Complete monthly. quarterly and yearly bookkeeping work for business clients · Prepare payroll coupons, sales tax and unemployment tax fonns · Provide support and explanation of fOnTts and tax payments to cJients East Naples Civic Association, Naples, Florida Editor, East Naples Civic Association Monthly Newsletter. 02/04 - present · Research and attend community and government meetings that impact the communities of East and South Naples · Report and write articles for the monthly newsletter · Solicit articles from other community members · Edit and oftentimes help with composing of articles by guest writers · Assist with the distribution of the publication throughout the community Carnegie MeUou Uoiversi1y, Pittsburgh. Pennsylvania Systems Project Manager, Strategic Marketing Research in Festival Settings, 8/02 - 1/03 · Managed team of 13 graduate students (unanimously elected by team) · Team developed a methodology for acquiring demographic and psychographic infonnation on patrons in outdoor non-ticketed festivals (specifically collaborated with First Night Pittsburgh and the Three Rivers Arts Festival) Florida Sports Park, Naples. Florida Assistant to the President, seasonal, 1998-present · Act as customer relatjons point person and manage ticketing personnel · Assist with cash out and balance sheets for ticketing and concessions · Manage beverage concessions, ordering and personnel Pittsburgh Symphony Orchestra, Pittsburgh, Pennsylvania Operations Apprentice, 9/01 - 5/03 .. " · Wrote and designed tour management books for the symphony's Far Eà'St Tour 2002, East Coast Tour 2002 and European Tour 20031/· .~, . · Coordinated audition infonnation using MS Access databases Ordway Center for the PeñormÏJlf:Arts, St. Paul, Minnesota Marketing and Promotions Apprentice. Summer 2002 · Wrote all marketing plans for the planet Ordway 2002-2003 season .. Developed and ran promotions '/ , !o". Oct 20 04 11:1?p p'.3 Agenda Item No. 9A December 14'~2 Page 12 Marcl Seamples Pbilbannonh: Center for tbe Arts, Naples, F.orida Assistant, Education & Outreach/Group Sales 6199 - SIt) 1'. · Developed and implemented performing and visual 8J"fs'education programs · Identified and contracted potential group buyers ,', · Assisted with the creation of marketing strategies for 8Ìtracting families and young audiences - e - PbUbarmoDÌc Center for the Arts, Naples, Florida Intern, 6/98-5/99 . Worked for three months in each department: Development, Marketing/Customer Service, Programming/Operations and Finance. . Participated in grant writing research activities, organized donor databases, designed customer service manual. developed study guides, designed, organized and maintained school payment spreadsheet, provided hospitality needs for visiting artists and assisted with budget writing. SKILLS COIOp.ten: MSWord, MSExcel, MSAccess, MSPowerpoint, Visio, MSWorks, Lotus Notes, Oracle, WinFq, PASS Ticketing System, Paciolan Ticketing System. Photoshop. lI1ustrator. Macromedia Director, Drembweaver. SQL. HTML, Windows and Mac operating systems Langdages~ Conversational German HONORS/AWARDS Graduate Degree Distinction Who's Who Among Students in American Universities and Colleges, 1998 University of Rochester Student Life Award, 1997 Dean's List National Dean's List LEADERSHIPNOLUNTEER ACI1VITIES A.aeaty IDtenaatio~ 1992 -present Naples Chapter Coordinator, 03/04 - present Nashville Group #149 member/trainer, 6/03-01/03 Carnegie Me1l0n Executive Board Graduate Representative, 8/01-5/03 SW Florida Group #509 Media Coordinator, 9/99-5/00 University of Rochester Publicity Chair, 11/94-8/96;Student Coordinator, 9/96-5/98 Florida Sports Park/Swamp Buggy Jac., 2004-present Swamp Buggy Queen Scholarship Pageant Gift CoordinatorlProgram Coordinator, 2(}M Parade Committee, 2004 Kiwaais aub, East Naples Chapter, 20M-present Treasurer. 2004-2005 Univer.sity of Rochester Alumni Association, 1998-present Class of 1998 Council Member, present Class of 1998 Reunion Chairperson. 2003 UR-Involved Alumni Representative 2001-present Ioterlochen Alumui OrgaDlzadon, 1998 - present SW Florida Alumni Event Coordinator 2004-present SW Florida Admissions Ambassador 2004-present'" Class of 1994 Representative 2003-present , ¡'. '.' pbilbanRonk Center Cborale, 1999-2001, 2004-present Naples Pb.ilharmonic League, I ~200 I, 2004-present Festival of Trees Road Race Chairperson, 2000-2001 Friends of Arts (Naples Museum of Art), t 999-200 1, 2004-present ',/ 6" . e e e Board of County Commissioners 3301 East TamilJDi Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-36œFC':H',Jrr, Agenda Item No. 9A December 14. 2004 P- 13 of 24 I "': .'.~.' , Applica tion for AdvisdryCommittee'slBoWfðs N....,~LL:.", Lùì L k¡ ^"'=>Q~ H...Pbone: ,~.rr~o Home Address: 64 c¡ (p X/ex ar. Zip Code: '3 " I ð Cf Fu No. Business Phone: e-mail address: Busi.ess: ~ir-~ tv\eo\.\ a.... ~ ~ c.1a.l, st Board or Committee Applied for: L ~ b rtt.V' i A-d V.- oS 0 "1 Category (ifapplicable): En.-ple: Co...iaio. Diatrict, Developer, ellViro._.taJlH. lay pena., eta:. ßo t:L~ Are you a registered voter in Collier Couaty: Yes X No Do you curreDtly "old public: ofliee? Yes No X If so, wIIat is tltat of6c:e! Du YOll -- serve, or ave )'011 ever served, 011 . Collier COIIDty ....rd ... CGIIUIIittee! Y IS .ryes, please list tlte co.mitteesIboards: No X Edae.tio.: N"\ A- -t 30 EIpe~:.~rS~~5~ ~ ~n ,L11.......l Akisor~ · P~~r f\ "b~ ð~"~l.)rorA.. ~cr\ PIeØlle IItúdt l1li}' udiliølllll IlIfo""lIIIoII 101f feel pertÚlellL Tltú .""uclllloll sllOIfIll be f_detl to S"e r.&oll, EucMtlN MII...,e, to the Board ofColIIftJ COlftlftiøloners, 3381 Eat r_iMtl Trd, Nøpln. FL 3~1 /2. 1/10" ",1611, plellU I" 1011r IIJ1PIJCtltiDn to (94/) 774-36ð2 or NIUIll to suefiØon(iì)colliertttIP.trd. 71raIk ytlflfor ~.d¡r ", _ lite ~ ø.f CølIi#r C".,.. e -e fi18OO_8 Agenda Item No. 9A December 14,2004 Page 14 of 24 From: adviSOrYboard8CDcoliergov.net Sent: Monday, October 18, 2004 2:46 PM To: filson_s Cc: RegulaJeson SUbject: New On-Ine AdViSOry Board Application Subnitted. ~~"\Y Board of County Commissioners 3301 Eat T8mtMnl Trail NapleS, FL 34112 Tel: (239) 77..-z Fo: (231) 774-3802 . ~.I f(Jt. . , , , ' . . :¡. .~.. - ".. ~ / Do you curNntly bOld public oIIc:e? No Do you now .....,., or hne you ..... on . Coller County board or No .-v........? ----'.- ~: B.S. ~ .....gement (MarUtIng t.Inor) Pwdue UnivenIIty 'MIlt Lafllyetle. IN experience / Bacqround: Senior Kay Account Ma..ger. AWrnatic OIIta Proce8aInØ, Inc. (1989 - prnent)- manage HR outaourdng contrads of Fortune 500 die.. SeniOr ProInalon81 In Human RMOUI'CM (SPHR) CeItllleclPayroll ProfeMIon8I (CPP) _. ...noIaI biIdV'OUf1d In inYetlmenta. ....1..... financing. etc. reœnCIy permananlly relocated to N8pIn from A*nt8. Georgill ...nIad, th.... nail children pIIII8Ionñl colWUmer of IItnIY I1IIIØUIœS during my IItttIme Qctober18,2004 Application for Advisory Committees I Boards NIme: Greg Borden HanePboM: 2:39-48-4144 tton. AcIdIeø: 14780 Indigo LaIon Cirde CIty: Naples ZIp Code: 3411 ~ Fax NIImber. ~ ...............: ~ I!IMtI Ac:IIhsa: gbofdenCÞoIlhome...t ....., c-........ ApplIed far: LtInIry AcMIOry bnl category: (If appJIIMIe) No Infon'/MItiOn provldad. Are you . t........ va6ar in Collar County? V_ .......1111 ~ community actIvItIeS: No Inførm8tIon provldMi. e t 0/18/2004 Agenda Item No. 9A December 14,2004 Page 15 of 24 fil8Ol1_s e From: advlsoryboerds@cotlergov.net Sent: Monday, October 18, 2004 12:04 PM To: filson_s Cc: ReguleJason Subject: New On-lne Advisory Board Application Sutmtted. ~ Board of County Commissioners 3301 Eat Tam""'l Trait Naples, FL 34112 Tel: (238) 774-3102 Fax: (239) 774-3802 A.-tþl i..' ....... , "',1 "/ Oåober18,2Q04 Application for Advisory Committees I Boards NMIe: Jeanne Alexander Feight Home Phone: 239-«)3.3012 Home AdcINss: 4255 Gulf Shore Blvd. N. ~ CIty: Naples ZIp Code: 34103 - Fa NuIMer. ~2 ...... Phone: 239-272-4255 ElMII Address: BayShorePlaCM4Þol.com ..... J Cu....__ AppIed tar:: library AcMIory 80Mt CIIIegary: (If~) No information provkIIId. Ale you . ,...~ VOW In Coller County? Y.. Do you c:urrentIy hold public allies? No Do you now serve. or hew you -.wet on . CoI..... County board or No COl.........? PINse list yaw community 1ICtIvftIes: The Conservancy of South West Florida - Dodcrneater CoorcIIneIior Colier County Alumnae of Kappe Kappa Gemma - Treaarer Finance Commftfee of Bay Shore PIece Condo Asen. EdueMaon: Pennsylvania SIB.. U. B.A. History San Jo8e State U. Ce/Ifomle, M.A. Ulnrlellllhip MillersvlUe U. Penmly/Yanla , Accounting Major C8rtIIIed Public AccounIant 1ic8~ in PennsytveniI - Experie-¡ Background: Middle IIChooI EngIi8h and Soc::Ie/ studIea T..cher Utnrlen for Fedel'8l1y funded project School UbrBrlan Certified Public Accountant with . regional Accounting linn in PA. 10/18/2004 Agenda Item No. 9A December 14,2004 Page 16 of 24 Currently . ReeltOr' with DownInG..frye R..ty. Inc. e - e 10/1812004 e e e Agenda Item No. 9A December 14,2004 Page 17 of 24 filsan_s From: advisoryboardsQcollergov.net Sent: Monday, October 18, 2004 7:20 AM To: filson_s Cc: RegulaJason Subject: New On-108 Advisory Board Applcation SUbnitted. ~ Board of County Commissioners Å;. ~~ifæ· ~J.t Odober 18, 2004 Application for Advisory Committees I Boards - tMme: SUzanne Hawley Harne Phone: 2»ð91-88Q9· tIoIM AddrHa: 1821 PrincIee Cl CIy: NIl'" ZIp Code: 34110 Fa .........: 239-S91-G722 BuIIs_ Pbane: 239-S92..oeeo !md Address: Ih8wteyQholllMmlrQ.com 80Md I Coìha."'" AppW for: LInry Addory Board CIiIegoty: (If .~bIe) No Informej on provided. Are you . .......... war In ec.m.r County? Yes Do JOII c:urnntIy hold public ofIIc:e? No Do you now serve, or ..". you ..".. on . Collar County ....... or No Oútllll.........? Please list your COIIWIaInIty ac:IIvtties: No Information provided. 15ducation: . MLS. library Certlfic:atlon K-12, Our lIIdy of the Lake Unlverwlty, San Antonio, TX 1978 . SA Enghh LiteratIn,UniYeIWIy of RochHIIIr, 1985 Eaperteœe , Bllckground: . Florida Gulf eoalt UnivenIIty. Fat, 1997- 2003. Llerñn In ChIchxxf EœIcatIon. SUmmer, 1999. Graduate cou..... In CnNdIve Drama In the Elementary School. Summer, 1988. Adolescent LleI1lUe. . UniYerwlly of South Florida. Sprtng,1994-Summer, 1997. Ut....tul1l in Childhood Educüon' George Muon Unlver8lty. Summer, 1989. Pl888n18d seminara on integramg language arts Into the elementary cl81&rOO11'1. Spring, 10/18/2004 Agenda Item No. 9A December 14, 2004 Page 18 of 24 e 1989. GradUate COII'M In Learrmg Stylasllaft-RIght Brain Techniques. Manager of Corporate Tra~. 19G9-praaeM. HOLT Leanmg Company, 2<45 Fifth Ave...., New Vork. NV, 10016 Media SpeQiaIIllt· 7/1993-2000. Laura! Oak Elementary School, COllier CoWlty, He.... FL . 7SO-7/r13. \1neyarda ElemeråIY Sd1ooI, Coller CoWlty, ....pIes, FL .8189-&'90. Egypt lAke E\ementIIry SchOol. HIIIIbOrough County, Tampa, FL.8I8O-6I89. G&øton EJeme'*'Y School, Falffax County, Lorton, VA· Peer ObServer. Fairfax County EvaluMion Syltem. 1S188-89. PUBLICA110NS . Hawley, Suzanne and Carolyn V. SpIllman. Llt8ra~ and Laaming: An ExpedItIOnarY DlaccMtry Through Cl'IIIdren'. Uteratura: Scaraa'OW. SchedUled for publ\clltlonS May, 2003. PROFESSIONAL ACTIVITIES: . Developer of BrodIIrt'a Core Coleclion for MIddta SchooIa 2002 - pre.nt . Selector BrodIIrt's Elementary School LIbrIIry Collection (Blographlea, 200', and 30Ch) . ContrI;)utlng edItOr for 'M!aon'. Junior Authors and IIUIII'IItors, 8th edIIIOn, 2001. 9th edition 2005 (040 author biographical aketchea) . Member of AdVI8oI'Y Committee for \/IftIaOn'. Children" Catalog, 18th edition. 2001. (Easy R- T, Fiction R- T, 398.2) . Member of AdWIory Committee for WIeon'a Children's Catalog, 11th edition. 1.. (Easy R-T, Fiction R-T.398.2) . RevIewW for SchoOl Llnry Jown", 1993-19ge. . RevieW for JOYA 1W7-19QQ. . Opened mecIa cer*lrs In two new f8ciItIe8: Vlneyal'å Elementary and LauIWl OIIk Elemenlal'y echOøIa. . Implemented a ftexI)Iy acceeeec:t media center In four elemenatry echoOIS: IAtnl Oak Elementary, \IIney8rda EJementIIry, Egypt IA. Elernent8ry, GunlltOn Elementary. . Team Leader for Relnld Art8 T.am, 1993-1998. . Chair. Technology Team, lain' Oak Elementary, 1993-pre118nt. . Member ofb Amertcan AaeodatIon of School librarians' Mati. Program of the Vear Award Committee, Spring, 1993. . Member of ALA/ALSC Newbery Commlttae,1993.· PraMnter. MSL PIe-confenance on Aexibla Scheduling, Bellmore. October, 1992. Topic: CurricUlIm InIBgnIIIon and Flexible Scheduling. . Speaker. implementing Flexible SdIed~. OIdIIhomII EncyclOmacßI. Seplember.1992. . Chair, AlA Flexible ~ ,,*R'IIII Group, 1991.· p.......r, AlA Conference, June 1991, san Frandsco. Fleldble SdleduHng. . Member of HIIIeborough County Material Selection Poley Review Commilte8, 1989-80. . Member of American AlI8Odation of School UbnIrlana (ALA) Material Selection Committee. 1987-89. -e . \ 10/18/2004 ~ CHEFFY PASSIDOMO WILSON & JOHNSON ATroJI.NJ!YS AT LAw, UP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES. FlORIDA 34102 TELEPHONE: (239) 261-9300 FAX: (239) 261-9782 E-MAil: CPWJOnapleslaw.com Agenda Item No. 9A December 14, 2004 Page 19 of 24 eDWARD K. CHEFFY BOAAO CERTIFIED CML TRIAl. ATroRNEY BOMD CERTIFIED BUSINESS LITIGATION ATTORNEY JOHN M. PASSIDOMO IICWID CERIlFIED REAL ESTATE ATTORNEY GEORGE A. WILSON BOAAO CERTIFIED WIlLS, TRUStS & ESTATES ATTORNEY F. EDWARD JOHNSON I!Oo\RD CERTlFIED WILlS. TRUSTS & ESTATES ATlORNEY JOHN D. KEHOE BCWID CERnRED CIVIl TRIAl ATroRNEY LDUIS D. D~NO IIOAAD CERTIFIED APPEU.ATE PRACTICE AT10RNEY JEFF M NOVATr DAVID A. ZUUAN 80ar Ii \,'( KE'VlN A. DENT! JEFFREY S. HOFFMAN I!Oo\RD CERTIFIED WlUS. TRUS'IS & ESTATES ATICRNEY LOUIS W. CHEFFY IICWID CEFmFlED REAL ESTATE ATroRNEY RECEt\?rr, CLAYC. BROOKER LISA H. BARNETT IIOAAO CERTIFIED REAL ESTATE AT1CRNEY , -, .:-.~, ANDREW H. REISS WllUAM J. DEMPSEY srAtJl,l£ ,A. BUNNER. JR. . . OF COUNSEl: GEORGE L. VARNADOE R. SCOTT PRICE October 12,2004 Sue Filson, Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Re: Library Advisory Board Dear Ms. Filson: e I am currently a member of the Library Advisory Board, and my tenn expires on December 31, 2004. I am applying for reappointment, and my updated application is enclosed. As I was only appointed in January 2004 to complete the term of a board member who resigned, I would appreciate the opportunity to continue my work on the board for the next full term. Please contact me if you have any questions, and thank you for consideration of my application. Sincerely t "1 r; ('" /+-=->Z.~ ¿_ . Andrew H. Reiss ahreiss@napleslaw.com For the Firm AHRI Enclosure F·Iwpdoc:a\l.fTWw'ocarr04\FlIIon.1.wpd - I I~. _e - Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9A December 14, 2004 Page 20 of 24 Application for Advisory CommitteeslBoards Name: A~(('~ H. Qp;sc- Home Phone: Sc:¡ lø'O ð'~( Home Address: '1 0 ~ S ,,~ (\-. ~QI I CI ^ ~ C .'/ <~ Zip Code: :3 4 101 Fax No. Business Phone: ;) ~ I r "f0 3CT-::. e-mail address: O-G;.^ ~ j (' ~ ; S s- @ k.o t/4..-:.-,I. ~'"'" Business: A. -l+õl , Board or Committee Applied for: L ,i:, f <v y A ¿) v ;. or ¿ý y CS ~ 0./ ,p Category (if applicable): Co """1'- ; .s ~ I 0- r) : ~ -+ / · c t J... Example: Commission District, Developer, environmentalillt, lay penon, etc. Are you a registered voter in Collier County: Yes X No No x Do you currently hold public office? Yes If so. what is that office? Do you now serve, or have you ever served. on a Collier County board or committee? Yes X No If yes, please list the committeeslboards: L. 1",. lo.r:>, A. J '" ,w y SOc:....;'!) -- Tc. - ...,.-..í y .jðO« - Pi ~.\..Jl ~-t. F<>i crs,--t- LQ~!;;. a.:J} \,0'''''' l J DIe::... - ....~I> {'~.MN-~-J-N2.Ç - ~"'-ðO- ~ f Please list your communi~ activities (civic clubs, neighborhood associations, etc. and positions held: l..- o' . C t - vP G C.d'S¿;u- ~..,è--:-'""; , f'\.a.-. ~..I n¡ r I_or' :-+r-. 6 I~ Education: A ~ 0".", D- ùt'\;". Experience: L.ðv:l.....,.~ ,·.l) I "i'<t I - I <:f q 4- ~4 ( ; -Sol".., -+~ .,.Y-...s,/ - I )...... 'oN./Ç ;.~ Y S~ L.....v {f+- A~~ ~I - r:-~-+:,,/ I k."C)a .. L ~(k,-k.- L J.+,___~ LfDt/-t-I--J A~) _ (" I..... -fÇy pc ç:,,;~)~ i). j~ ,t- 1 ;Jc~~~:~) ~-~~~.~ 1 "I'1ì- À~ - ~- ç>1"'';.J:'~ Pleøse IUtJIch øny tu/JlitionøllnfortfUltÛJn you feel pertinent. This øppllcøtum shoulll be forwørded ÚÞ Sue FilsoII, ExecutiW! MøMrer ÚÞ the BOGrd of County Commissioners. 3301 ElIst Tllmlømi Trøil, Nøples, FL 34111. lfyøø wish, pleø8e føx your øppücøtion tD (139)774-3601 or e-møil to suef'dsomiìJ.colliel'f!ov.net. Thllnkyo/lfor volunteering ÚÞ seru the cltl:.ens ofCt1IUer COJllfty. ---- Agenda Item No. 9A December 14, 2004 Page 21 of 24 filson_s _ From: advisoryboardsQcolliergov.net Sent: Wednnday, October 13, 2004 11:48 AM To: fileon_s Cc: RegulaJason Subject: New On-lne Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3802 Fax: (239) 774-3802 I.-t~1 k" ,~ '} f(" -) OcIober 13,2004 Application for Advisory Committees I Boards NMIe; Stephanie B. Spell Hame Phone: 239-ð43-e151 Hame AdcIreu: 3050 Buena VIII8 Lane CIty: Naples ZIp Code: 34105 e Fa PMnber: 239-S3().86+4 BUH!.... Phane: ~783-æ98 EnId Addre..: IIbIpeIICÞoI.com ao.d / C\A.IIo.1ll1IIk AppIed far: UbnIry AdvIiIory Board CIågDry: (II.""nc.bIe) DIet 2 ...t Are you . "'-11 lrad voller.. CoIHIr County? V.. Do you cumntIy hold public oIIce? No Do you now ..... or line you ....... on . Callier County boaId or No ~.........? PluM .... your community 1ICtivItIes: PotncIane Homeowner's AaeodIItiolHllember NatIo.... EmergellC;Y Number ~-member AaIocIallon Of PublIc Sefety Cornmunicallona OIfià8l&-member Un... Projed~r Ect.1Cdon: CuneÆly enrolled In Bachelor of ScIence degree eMllanee IeIImIng pragnIm .s a senior cIaaa member- Jaclalorwllle SIIItia UnMr'8Iy (AlablllM). Emergeno¡ Manegelnllnt IMjor. FEMA Emergency Management Inlltltute'. ProfHaio.., DeYelopment Series Certification e Experience I ø.ctground: PubllIIhed Author: VkmrtII magazine, Southwest Florida Parent & ChId magutne, Arts 10/13/2004 Agenda Item No. 9A December 14, 2004 Page 22 of 24 e AlIve! United Arts CounctI newsIMter EdltDrilll Board member- Emergency ProfeøIon_1 maglZlne 27 year resident of CollIer County, 17 yeer member of Coller County Sheri,,"s omce (Communications Dlvlalon) - e 10/13/2004 - - e Agenda Item No. 9A December 14, 2004 Page 23 of 24 filson_s From: advisoryboards@coINergoy.net Sent: Tuesday, October OS, 2004 12:19 PM To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Subnitted. ~ ...t~: i..1 .'" I 's . . ' f1 "<1/ Board of County Commissioners 3301 East Tamiami Tra" Naples, FL 34112 Tel: (239) 774-3802 Fax: (239) 774-3602 October OS, 2004 Application for Advisory Committees I Boards N....: Doria J. Lewis Horne Phone: 239-253-9241 Horne Address: 645 Yucca Road CIty: Naples ZIp Code: 34102 Fax Number: 239-417-0320 Busi.... Phone: No information proYidecl. Email Address:dori&ofnaplee@8OI.com Bo8rd , CoImtittee Applied for: library Advisory Board . DIstrIct 4 C8teg0ry: (If applicable) No information provided. Are you a regt.... voter In Coller County? Yes Do you currently hold public oftic:e? No Do you now serve, or heve you set'Wd on a Collier County bo8rd or Yes c:amrnJItee? If yes, pIeII.. list the bo8rds' c:ornnllteu: Currenlly serving as Chairman on Library Advisory Board - Dislric:t 4 Please I" your community ac:tlvitles: No Information provided. Education: Graduate BS from Bowling Green University, Bowling Green, OH ExperIence' Background: I have been asked to be on !he review board to 1111 the vacant Libl'llry Director position. 10/5/2004 Agenda Item No. 9A December 14, 2004 Page 24 of 24 filson_s From: Marilyn Matthes [mmatthesOcollier-Hb.org] Sent: Thursday, June 17, 2004 9:39 AM To: filson_s Subject: lab Guess I'm it for a while. thanks, Marilyn Matthes Assistant Library Director Collier County Public Library 2385 Orange Blossom Drive Naples, Florida 34109 239-593-3511 239-254-8167 (fax) ..- 6/17/2004 EXECUTIVE SUMMARY Agenda Item No. 98 December 14, 2004 Page 1 of 8 /~ þJ)~()~OFMEMBER(S) TO THE OCHOPEE FIRE CONTROL DISTRICT APV1~OR¥.cOMMITTEE OBJECTIVE: To re-appoint 1 member to serve a 2-year tenn, expiring on December 31, 2006, on the Ochopee Fire Control District Advisory Committee. CONSIDERATIONS: The Ochopee Fire Control District Advisory Committee has 2 tenns expiring on December 31, 2004, representing the Chokoloskee and Copeland areas. This 5- member committee advises the Board on the budget and operation of the Ochopee Fire Control District. Members must reside within the taxing district. Tenns are 2 years. A list of the current membership is included in the backup. The tenns for Kent L. Orner, Sr. and Jane Bee will expire on December 31,2004. Apress release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY m.n ELECTOR ADV. COMM. Kent L. Orner, Sr. Re-a t Chokoloskee COMMITTEE RECOMMENDATION: No Quorum - no recommendation ,,-.. NOTE: Section Seven (B) of Ordinance 2001-55 states ''Tenus of office for Board members shall be limited to two consecutive tenus of service on anyone Board. . ." Under (D) of the same section, it is noted that ''By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Kent L. Orner, Sr. has served 4 tenus. Should the Board wish to re-appoint Mr. Orner, the limitations on two consecutive terms will need to be waived. nSCALIMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMEND A TION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confinning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners AgmdaDaœ: DECEMBERl~2~ ,,-- Agenda Item No. 98 December 14, 2004 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 98 Appointment of member to the Ochopee Fire Control District Advisory Committee. 12/14/20049:00:00 AM Date Prepared By Sue Filson Executive Manager to the BCC 111181200410:55:47 AM Board of County Commissioners Bce Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 121212004 5:24 PM ------ - Agenda Item No. 98 December 14, 2004 Page 3 of 8 Memorandum Date: 11-19-04 To: Sue Filson, Board of County Commissioners From: Linda Swisher, Ochopee Fire Control District RE: Renewal of Kent Orner to the Ochopee Fire Control District Advisory Board Please be advised that tbe Ocbopee Fire Control District Advisory Board did not prepare a letter of recommendation for Kent Oruer due to the fact that they did not meet on 11-16-04 because they were unable to attain a quorum. Thank you for your attention regarding this matter. Sincerely, Linda Swisber Ocbopee Fire Control District Emergency Services Division Agenda Item No. 98 December 14, 2004 Page 4 of 8 ,~ Ochopee Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Julianne Ballard 394-3101 12/16/03 12/31/05 2 Years 390 Newport Drive, #107 389-0752 Naples, FL 34114 E-Mail: Dist1'ict: 5 Category: Port of the Islands Mr. Kent L. Orner, Sr. 01/07/97 12/31/98 2 Years ,/ P.O. Box 659 695-3546 12/17/02 12/31/04 2 Years Chokoloskee Island, FL 34138 E-Mail: District: 5 Category: Chokoloskee Councilman David Loving 695-3781 03/28/00 12/31/01 2 Years P.O. Box 110 12/16/03 12/31/05 2 Years Everglades City, FL 34139 E-Mail: District: 5 Category: Everglades City Council Ms. Jane Bee 394-3101 12/16/03 12/31/04 1 Year /' P.O. Box 87 Web Road 695-4346 Copebnd,FL 34137 E-Mail: beesidesthat@aol.com District: 5 Category: Copeland Mr. John L. Pennell 12/14/99 12/31/01 2 Years 32 E. Flamingo Drive 12/16/03 12/31/05 2 Years Everglades City, FL 34139 E-Mail: District: 5 Category: Plantation Island Wednøday, December 17, Z003 Pagel of2 ---- Agenda Item No. 98 December 14,2004 Page 5 of 8 ,- Ochopee Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member oommitlee was aeaIed by Ord. No. 89-9810 advise the Board œ County Commissioners on the opet'8tions ... budget f:A 1118 Ochopee Fire Control Disbict. Members must reside wiUlin the boundaries f:A 1he Ochopea Area Fife Control Special Taxing District, 1 member from Everglades City (appointed by the Mayor), 1 member from Plantation Island, 1 member from Chokoloskee, 1 m8'nber from lee Cypres (CopeIanc:J) and 1 member from Ochopee. Terms are 2 years. Ochopee Fire Control Disbict - 695-4114 Amended by Old. No. 89-98 FL STAT ]25.0] Staff: Chief Paul Wilson, Ochopee Fire Department 695-4114 Wednesday, December 17, 2003 Pøge2o/2 Agenda Item No, 98 December 14,2004 Page 6 of 8 MEMORANDUM DATE: October 25,2004 TO: Elections Office & Sue Filson, Executive Manager II Board of County Commissioner FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Co1DD'i~ners will soon consider the following individuals for appointment to one of the countYs 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. OCHOPEE FCD ADV COMMITIEE Kent L. Orner P.O. Box 659 Chololoskee, FL 34138 COMMISSION DISTRICT fs s- Thank you for your help. , ,'1""" ",--'- \ MEMORANDUM Agenda Item No. 98 December 14, 2004 Page 7 of 8 DATE: October 25, 2004 TO: Chief Paul Wilson Ochopee Fire Control District.,. sR.. \ Sue Filson, Executive Manag~:\ Board of County Commissioners FROM: RE: Ochopee Fire Control District Advisory Committee As you know, we currently have vacaricies on the above-refèreoced advisory committee. A press release was issued requesting c~ interest~ in serving on this committee to submit a resume for consideration. I ~~ attached the resumes received for your review as follows: Kent L. Orner P.O. Box 659 Cbololoskee. FL 34138 Please let me know, in writing, the reco~ation for appo;"'"~ of the advisory committee within the 41 day time-ftame, and I will prepare an executive surnmæy for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Atta:chments L-n e -e - Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 98 December 14, 2004 Page 8 of 8 \ i, ßor:¡"(' " < \ ,~ ,.', Application for Advisory CommitteeslBoards Name: )¡EN'l' L. OR}IER Home Address: P.O. Box 659 Chokoloskee. FL Home Phone: "9-695- 3546 7Äp Code: 34138 Fax No. Business Phone: e-mail address:kdtree~peqanet.com Business: Board or Committee Applied for: Ochopee Fire Control District Adv. Board Category (if applicable): Example: Commission District, Developer, environmentalis.. lay penon, ete. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes If so, wbat is tbat office? No x Do you now serve, or bave you ever served. on a Collier County board or committee? Yes X No If yes, please Usttbe committeeS/boards: OCb9p88 Fire Cgatrsl AQ~:'iÐ9ry BgarE!. 4Ií t~S. Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Parkway Villaqe Condo Assn. (PYesident) Education: High School & Trade School Experience: Retired Airline pilot. Schoolinq on fire prevention ill" ~af~ty PIetJse øJtM:h fillY ruldltiolUll info17lltlliøll Y4H' ful pertinent. This qplicllDOII should be forwørded tlJ Sue Filsoll, ExøcuJlve MtUUller to the JùGrd of County C_",iøWllus, 3301 Eøst TlUfliø",¡ TrøJl, Nqln. FL 34112. qyo" wish, plase føx you, øpplktllúÞII to (239)"4-36lJ2 0' _11 to suefUuÞIf{¡ì>.cøllie1'flov.llet. Th"ltk you fo, 'IOlulltUmr, tlJ tlerw 1M c1tiu1lS of Cølliu CoUltty. EXECUTIVE SUMMARY Agenda Item No. 9C December 14, 2004 Page 1 of 14 ~ APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE OBJECTIVE: To re-appoint 2 members to serve 2-year tenns, expiring on December 31, 2006, to the Golden Gate Community Center Advisory Committee. CONSIDERATIONS: The Golden Gate Community Center Advisory Committee has 3 terms expiring on December 31,2004. This 5-member committee assists the Board of County Commissioners by reviewing and making recommendations regarding the budget and operation of the community center. Applicants must reside within the Golden Gate Community Center MSTU District. Terms are 2 years. A list of the current membership is included in the backup. The tenns for Cheryle L. Newman, William E. Arthur, and James J. Hennink will expire on December 31,2004. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY Ill§! ELECTOR ADV. COMM. Cheryle L. Newman-re-appt. Resident within MSTU 3 Yes Golden Gate Community Center Golden Gate Beautification I-75/Golden Gate Parkway William E. Arthur-re-appt Resident within MSTU 3 Yes Golden Gate Community Center ~ COMMITTEE RECOMMENDATION: Cheryle L. Newman - re-appointment William E. Arthur - re-appointment NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive tenns of service on anyone Board. . ." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Cheryle L. Newman has served 4 two-year tenns. Should the Board wish to re-appoint Ms. Newman, the limitations on two consecutive tenns will need to be waived. ~SCALIMœACT: 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 confinning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 14,2004 ,.-- Agenda Item No. 9C December 14, 2004 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9C Meeting Date Appointment of members to the Golden Gate Community Center Advisory Committee. 12/14/20049:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 11/18/200410:55:47 AM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/2/20046:13 PM filson s - Agenda Item No. 9C December 14, 2004 Page 3 of 14 From: Sent: To: Subject: larson k Mondãÿ, November 29,2004 11:10 AM fj son_s GGCC Advisory Board Sue, Good morning. I hope you had a great Thanksgiving! At this month's GGCC Advisory Board meeting (11/1/04), the board nominated and voted unanimously to accept Bill Arthur and Cherlye Newman to another two year tenn. Their tenns will begin in January. Was there to be another tenn to expire? No other member mentioned they received any info. Was Jim Hennink's term up as well? If so, can he apply as well? I have not seen any apps for the board. Thanks, Keith Agenda Item No. 9C December 14, 2004 ,- Page 4 of 14 Golden Gate Community Center Advisory Committee Name Work Phone Appt'd Exp. Date Term Ho,* Pltone DtdeRe-appt 2ndExpDaJe 2nd Term Ms. Kaydee Tuff 03128/00 12131101 2 Years 2642 44th Terrace, S. W. 4S5-3496 12/16/03 12/31105 2 Years Naples, FL 34116 E-Mail: newsroom@goldengategazette.com District: 3 Category: Ms. Cheryle L. Newman 12/03/96 12131198 2 Years ,,/ 5101 31st Avenue, S.W. 353-7969 01/28103 1213 1104 2 Years Naples, FL 34116 E-Mail: District: 3 Category: Mr. William E. Arthur 09126100 12131/00 3 Months ^- r-., 4200 22nd Place, S.W. 455-41503 01/28/03 12131104 2 Years ,/ Naples, FL 34116 E-Mail: District: 3 Category: Mr. James I. Hennink 09126/00 12131100 3 Months 4397 21st Avenue, S.W. 353-3697 01/28/03 12131/04 2 Years V Naples, FL 34116 E-Mail: District: 3 Category: Ms. Vicki A. Clavelo 06108199 12131/99 6 months 3610 21st Avenue, S.W. 455-1475 12/16103 12131105 2 Years Naples, FL 34117 E-Mail: vclavelo@aoI.com District: 3 Category: Wed1u:rdap, December 17, 2003 Page 1 0/2 Agenda Item No. 9C December 14, 2004 Page 5 of 14 .-. Golden Gate Community Center Advisory Committee Name Work PIrone Appt'd Exp. Date Term Home PIrone DateRe-øppt 2ndExpDale 2nd Term This 5 member commi1lee was created by On:!. No. 75-4 to advise the Soan:! of Ccxø1ty Commissioners on the budget .-.d operation of the Golden Gate Community Center. Members must reside within the boundaries of the Golden Gate Community Center Municipøl Services Special Taxing District. Terms are 2 years. Keith larson, Golden Gate Community Center Supervisor 455-2343 r ' FL STAT ]25.01 Staff: Marla Ramsey, Parks and Recreation Director: 353-0404 Wednesday, December 17, 2003 Page2of2 Agenda Item No. 9C December 14, 2004 Page 6 of 14 MEMORANDUM DATE: October 25, 2004 TO: Elections Office J Sue Füson, Executive Manager \ Board of County Commissio 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. GO COMMUNITY CENTER ADV COMM COMMISSION DISTRICT Cheryle L. Newman 5101 3111 Avenue, S.W. Naples, FL 34116 (eS leS ~ William E. Arthur 4200 2tld Place, S. W. Naples. FL 34116 s Thank you for your help. '0",<- ,... '.1,. \....'~ 1- '.... ---~---_..... MEMORANDUM Agenda Item No. 9C December 14, 2004 Page 7 of 14 DATE: October 25, 2004 TO: Keith Larson, Supervisor. Golden Gate Community Center FROM: Sue Filson, Executive Manager~ · Board ofCoumy Commissio~ RE: Golden Gate Community <;enter Advisory Committee As you know, we currently have vacancies on the above-re1èrenced 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: William E. Arthui 4200 2211d PJace, S. w. Naples. FL 34116 Cberyle L. Newman 5101 311t Avenue, S.W. Naples, FL 34116 Please let me know, in writing, the reco~on for appointment oftbe advisory committee within the 41 day time-ftame, and I will prepare an executive summary for the Board's consideration. Pleue categorize tile appHaa.a ia areas of expertise. If you have any questions. please call me at 714-8097. Thank you for your attention to this matter. SF Attachments - - e Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9C December 14,2004 Page 8 of 14 "' .~~: - Application for Advisory Committees/Boards Name: WA1. Ii. A 1L'i7lt/¡L Home Phone: .¡~- '5t'!-S Zip Code: '1'11/ ? e-mail address: IJ4/M £ A/!tPUiSIf), CÞI1 Home Address: 1fJ.IH 2.J..vf) ¡~ 5i ~ Fax No. "15- 3'1 J- t Business Phone: ¡f57-t 71)' ð Business: ~O/...Þb# tM'l1f ÐÃIJtY (j)vñì'/ Board or Committee Applied for: 6WJ:JìI)m ~A-n (.. (l ~.M i+Vt rI ( (!" A/Tl11f. "'Oll~ ÚJ1Øf.¡nt/f' Category (if applicable): Example: CommlssloD District. Developer. envlroDmentallst, lay perIOD, de. Are you a registered voter in Collier County: Yes / No Do you currently bold public office? Yes If so, what is that office? No / Do you BOW serve, or have you ever served, OB a Collier COBDty board or committee? Yes If yes. please list the committeeslboards: '-"'Dm un r¿IIJI/MVI4/I/'Ý ~ ~. No '^~ .. Please list your community activities (civic clubs, neighborbood associations, etc. and positions bdd: fj!~.lr~::g1j'. 8/004 c.tV~. f/r';'T I'¡ß. '7IJ(I'/1J~fIH ~1nL¥. ~. . ~ . ~~. ~7::/;J:;;:J'5f¡l:::";~~ :~~i~ Education: &MDvA,..I) tJlFN ,5tllftl¿. I'JYY Experience: ~ ~~ ~tl r-h Ct;f.¡( c.. t.þe15 ~ .f~ t.- YfrtJtS, IJ W,.v' -..f- AI ~ M~ -;;;:w. A Vi 7itw ~~ WI TN 1JV1Jt.JC.,'" AhM/ ~ '" MIIi¥ 4:V. ; þl) ð~Yf#F of "!ûD VC~, nh¥Â' '+" ~AA/AAr ~M",ft-- fP>!IA"fY , PIau ønøch /lilY IUldJtiðIUÚ ÙJlomultlolt you leel ~rtiultL This appliclltion should be fo'l'H1tUtled to SlIt! FUson. Executive Mfllf46t!r to the B( fIrd 01 County CtHfI",isswners, 3301 Eat T/Ulfituni TI'fIiJ. Naples. FL 34112. If you wish. J1k_I_your øppUcøtiÐn to (239)774-3601 or e-IffflU to .~uefilsollÍli>£ollien!o~.net. Thtullcyoul"" IIfIlullleering to serve the cld:e1U olCol/Je,. Coullly. - e - Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Agenda Item No. 9C December 14, 2004 Page 9 of 14 Application for Advisory Committees/Boards Name: Cheryle L. Newman Home Phone: 353-7969 Home Address: 510131'1. Avenue. S.W. Zip Code: 34116-8105 Fax No. Business Phone: e-mail address: Birdldv2úVaol.com Business: Board or Committee Applied for: Golden Gate Communitv Center Advisory Committee Category (if applicable): Example: Commission District, Developer, environmentalist, lay penon, ete. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes If so, what is that office? No X Do you now serve, or have you ever served, on a CoUier County board or committee? Yes X No If yes, please list the committeeslboards: Golden Gate Beautification Advisorv Committee. Golden Gate Community Center Advisorv Committee. Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Golden Gate Civic Association - Secretary. Kiwanis Club of Golden Gate- President., Golden Gate Womens Club. Messiah Lutheran Church Councål- Publicitv. Golden Gate Communitv Stakeholders Ad Hoc Committee. 1-75 Intercbane:e Ad Hoc Committee (Completed). Golden Gate Certified Emereencv Response Team. Collier Countv Sheriff (COP) Communitv Observer Patrol. Golden Gate Festival Committee- Cbairman and Golden Gate Communitv Center Advisory Committee Education: See resume Experience: The experience I brine: to this committee is wbat 1 have learned the last 4 vears on the committee. I am involved in manv additional on!:anizations in mv communitv and feel I have alwavs been a eood soundine: board and listen to wbat the other residents of our communitv want and need. Manv times 1 have been referred to as a "Communitv Activist". I consider mvself a resident involved in !!!I communitv and someone thev can come to with concerns and issues. L e - e I Agenda Item No. 9C December 14,2004 Pletlse øttøch tiny llIidiIWtUÙ ùrlor",øt/on yolllul pertinent. This øpplicøtJon sholÚll be lorwørtúd to SIUI FUson, Executil>ll M"~ tÂP of 14 Boørd ofCøllnty Com",issiÐners, 3301 EIISt Tømùurci Trrùl, NIIples, FL 34112. If you wish, pleaef/IXyour øppIicIdiørc to (941)774-3601 or e-",ail to suefi/son(à).cqflieff!ov.net. Th"rck YOlllur vølllnWrùrg to serve tJu citi::ens 01 Collier CUllnty. Agenda Item No. 9C Decernber14,2004 Page 11 of14 - Cheryle L. Newman 510131&1. Avenue, S.w. Naples, Florida 34116 Birdldv2(iiJjloLcom 239-353-7969 October 7,2004 Ms. Sue Filson Administrative Assistant Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 RE: Golden Gate Community Center Advisorv Committee - Term Exoiration Dear Ms. Filson, - Please use this correspondence as my "Letter of Interest" in continuing my participation with the Golden Gate Community Center Advisory Committee. I realize December 31, 2004 will complete another consecutive term on this BCC appointed board. I feel I can continue to provide this service to my community, but will understand if additional applications are received for this opening. I have included, per your request the application and a copy of my latest resume. Thank you in advance for your consideration. If you have questions regarding this request, please feel iÌ"ee to contact me at 353-7969. Sincerely, Cheryle L. Newman - L Agenda Item No. 9C December 14, 2004 Page 12 of 14 e Cheryle L. Newman 5101 31st Avenue, S.W. Naples, Florida 34116 941-353-7969 E-Mail Birdldy2@aol.com EDUCATION Grade School - Fraser Public Schools Fraser, Michigan High School - Fraser Public Schools Fraser, Michigan Graduation - June 1964 College· Ferris State University Big Rapids, Michigan Associates e WORK EXPERIENCE BUDD COMPANY· DETROIT. MICHIGAN NOV.1965- JULY 1968 CLERK TYPISTIFILE CLERKlST A TIONERY STORES· SALES & ENGINEERING DEPT. Order and supply all stationery items to the Sales and Engineering Departments. All central filing of Sales Orders, etc. for the Sales Department. DESIGN PRODUCTION INCORPORATED· ALEXANDRIA. VIRGINIA SEPT. 1968 . APRIL 1969 "One Girl Office" ASSISTANT TO: PRODUCTION MANAGER TRAFFIC MANAGER PURCHASING MANAGER ART DEPARTMENT MANAGER e I -,-.",..". e - - Agenda Item No. 9C December 14,2004 Page 13 of 14 BUDD COMPANY - DETROIT, MICHIGAN FEB. 1970 - JAN. 1971 STENOGRAPHER - PURCHASING DEPARTMENT Secretary to the Capital Equipment Buyer, Head Steel Buyer and Head Tooling Buyer. BUDD COMPANY - DETROIT, MICHIGAN NOV. 1973 - DEC. 1993 PURCHASING DEPARTMENT 1973~981-SECRETARY 1981-1984 - WHEEL & BRAKE DIVISION CONFIDENTIAL SECRETARY 1984-1985 - ADMINISTRATIVE SECRETARY 1985-1989 - SENIOR BUYER MAY 1989-NOV. 1989 - CONFIDENTIAL SECRETARY TO THE PRESIDENT. NOV. 1989-DEC. 1993 - ADMINISTRATIVE ASSISTANT-SENIOR BUYER Purchasing items of responsibility have consisted of stationery supplies, perishable tooling, nuts and bolts (small fasteners), bearing cups, hubs and forgings, office equipment (faxes, copy machines, etc.) offICe services üanitorial, temporary employees, equipment services, etc.) telephone system, vehicles and all M.R.O. items for the Farmington Hills Offices. TUFF PUBLICATIONS - NAPLES, FLORIDA MAY 2000 - FEBRUARY 2001 OFFICE MANAGER MARCH 2001 - MAY 2002 GENERAL MANAGER Oraanizatlons Affiliated with: Past President - Golden Gate Area Civic Association Golden Gate Area Civic Association - Board of Directors Golden Gate Area Civic Association - Vice President Golden Gate Volunteer Code Enforcement Group Co-Chairman Golden Gate Beautification Advisory Committee Past Chairman - Golden Gate Civic Adopt-A-Road Program Past Chairman - Golden Gate Community Center Advisory Board "Citizens on Patrol" Volunteer Civic Association Golden Gate Womens Club - President - 2000/01 Sheriffs Golden Gate Community Advisory Committee Agenda Item No. 9C December 14, 2004 Page 14 of 14 - State Rep. Dudley Goodlette Advisory Committee Graduate of Collier County Sheriffs Citizens Academy C.E.R.T. Graduate - First Team· Golden Gate Fire & Rescue District Sheriffs Community Observer Patrol Volunteer - Golden Gate City Golden Gate Festival Committee - Co-chair 2003105 Kiwanis Club of Golden Gate - President 2004105 Messiah Lutheran Church - Church Council - Publicity Recommendation letters available upon reQuest. e e , ~---^-."~ EXECUTIVE SUMMARY Agenda Item No. 9D December 14, 2004 Page 1 of 7 ~ APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE BEAUTIFICA nON ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 5, 2007, on the Golden Gate Beautification Advisory Committee. CONSIDERATIONS: The Golden Gate Beautification Advisory Committee has 1 vacancy due to a resignation with the term expiring on October 6, 2007, representing Precinct #326. This 5-member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing district which was formed for the purpose of beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. Terms are 4 years. A list of the current membership is included in the backup. We currently have 2 vacancies due to the resignations of Phillip E. Mudrak: and Norma Lees- Davis. A press release was issued and resumes were received from the following interested citizen: APPLICANT I Ginger Martin CATEGORY !!!§! ELECTOR ADV. COMM. I Precinct 326 ~I None COMMITI'EE RECOMMENDATION: Ginger Martin /""'"" ~SCALIMæACT: 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: DECEMBER 14, 2004 . ,..-- Agenda Item No. 90 December 14, 2004 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 90 Meeting Date Appointment of member to the Golden Gate Beautification Advisory Committee, 12/14/20049:00:00 AM Date Prepared By Sue Filson Executive Manager to the BCC 111181200410:55:47 AM Board of County Commissioners BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/2/20045:28 PM .-- Agenda Item No. 90 December 14, 2004 Page 3 of 7 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Bob Petersen, Project Manager Landscape Maintenance Date: November 22, 2004 Subject: Golden Gate Beautification MSTU Committee Member Applicant At their November 9, 2004 regularly scheduled meeting, the members ofthe Golden Gate Beautification MSTU Advisory Committee voted to reconunend applicant Ginger Martin. 5040 31 st. Ave. S. W. Naples, Fl. 34 116 to the Board of County Commissioners for appointment to this committee. . .Þ 3 ~Ú ýe r¡Ylt7 f Transportation Services Division Road Maintenance Department Agenda Item No. 90 December 14,2004 Page 4 of 7 Golden Gate Beautification Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-aPpt 2ndExpDate 2nd Term - t/ Mr. Phillip E. Mudrak r~~~ 12/12100 10/06/03 3 Years 4396 20th Avenue, S.W. .;1-~~'3 352-4472 lð/ØÚ! 07 Naples, FL 34116 District: 3 Category: Precinct 625 Ms. Barbara Segura 821-3601 12/17/02 10/06/06 4 Years 2343 41st Terrace, S.W. 348-8863 Naples, FL 34116 District: 3 Category: Precinct 625 Ms. Nonna Lees-Davis (.e:J\5~:' 455-1712 12/17/02 10106106 4 Years /' 1 ~, ,\ 455-6368 725 45th Terrace, S.W. Naples, FL 34116 District: 3 Category: Precinct 625 Ms. Patricia Spencer 03/11/03 10/06/05 2 1/2 Year 5401 25th Place, S.W. 304-6886 Naples, FL 34116 District: 3 Category: Precinct 626 Ms. Cheryle L. Newman 11107/95 10/06/97 2 Years 5101 31st Avenue, S.W. 353-7969 11/13/01 10/06/05 4 Years Naples, FL 34116 District: 3 Category: Precinct 626 , ' I Wednesday, March 12, 2003 Pagel of 2 ._..~--_.....~.~ Agenda Item No. 90 December 14, 2004 Page 5 of 7 Golden Gate Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the beautification and maintenance of Iandscap& improvements within the road right of way as described by ordinance boundaries. The committee shall prepare an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. Amended on September 3,1996, by Ord. No. 96-50 and 96-51. Precincts arefiS; 624,~, 828,~ and part of iI!i! J~' -3~ J;1(;("~~ ð~?- FL STAT 125.01 Staff: Bob Petersen, Project Manager, Landscape Maintenance: 213-5853 .---. Wednesday, March 12,2003 Page2of2 MEMORANDUM Agenda Item No. 90 December 14,2004 Page 6 of 7 DATE: October 25, 2004 TO: Bob Petersen, Úlnd~ Engineer II Transportation Department ¿it Sue Filson. Executive Manager Board of County Comm1~iO . FROM: RE: Golden Gate Beautification Advisory Committee As you know, we currently bave vacancies on the above-reièrenced advisory committee. A press release was issued requesting citizens interested ht serving on this committee to submit a resume for consideration. I !)ave attached the resumes received for your review as follows: OingerMartht 50403111 Avenue, S.W. Naples, FL 34116 Please let me know, in writing, tbe reco~Ation for appointment oftbe advisory committee within tbe 41 day time-frame. and I wm prepare an executive summary fur the Board's consideration. Please eategorize the applieants iD areas 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. 90 December 14, 2004 Page 7 of 7 filson_s From: advlsOfyboardsOcollergov .net Sent: Sunday, October 24, 2004 9:38 AM To: ftlson_s Cc: ReguJaJason Subject: New On-ln8 Advisory Board Application Subnitted. ~~Of,!!!?' Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 Tel: (231) 774-3802 Fax:(239)77~602 ,~~? ~rr Odober24,2004 Application for Advisory Committees I Boards .....: Ginger Martin tton. Phone: 239-'155-1664 HGme Address: 5040 3111 Avenue SW City: Naples ZIp Code: 34116 Fa NInber: 239-354œ12 BusInea PIIane: 239-<455-1654 em.. Address: XTRMOM(I aol.com 8cNIrd , Como.... ApplIed far: Bealdlallon AdYIeory Comm.... eat.gory: (If~) Golden Gate Are you . AlgI""" voter in Collier County? V.. Do you CUINnlIy hoed public crfIIc:e? No Do you nøw serve. or haw you 8efvad on . Coller County bon or No COIlt..lIIItae? Please IØt ~ community ac:thIties: Golden Gate CIvic Aesoc:ietion. Trea..rer, 2001 - prøent Education: High School GrHuate Expertence , BIIcIcground: No informlltlon provided. 10/25/2004 EXECUTIVE SUMMARY Agenda Item No. 9E December 14,2004 Page 1 of 34 ~ APPoINTMENT OF MEMBER(S) TO THE DEVELOPMENT SERVICES ADVISORY COMMITIEE OBJECTIVE: To appoint 5 members to serve 4-year tenns, expiring on December 14, 2008, to the Development Services Advisory Committee. CONSIDERATIONS: The Development Services Advisory Committee has 5 tenns expiring on December 14, 2004. This committee is composed of 15 members and represent the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Members are required to file a Fonn 1 Statement of Financial Interest each year with the Supervisor of Elections. A list of the current membership is included in the backup. ~, The terms for Dalas D. Disney (Architect), Robert J. Mulhere (Land Planner), Robert L. Duane (Land Planner), Bryan P. Milk (Land Planner), and Thomas R. Peek (Engineer) will expire on December 14, 2004. A press release was issued and resumes were received from the following 9 interested citizens: APPLICANT CATEGORY mn ELECTOR ADV. COMM. Ronald E. Nino Land Planner 2 Yes None Robert J. Mulhere - RE-APPT Land Planner 1 Yes DSAC Kenneth R. Rech Engineer 5 Yes Bd of Adj and Appeals Jason Hamilton Mikes Attorney 2 Yes None Aldo Rosa Wall Street Commodities 2 Yes None Geome H. Hermanson Engineer 2 Yes None Robert L. Duane - WITHDREW Land Planner 3 Yes DSAC Dalas D. Disnev - RE-APPT Architect 4 Yes DSAC David B. Dunnavant Attorney 3 Yes None COMMITTEE RECOMMENDATION: Robert J. Mulhere - re-appointment Jason Hamilton Mikes - new appointment George H. Hennanson - new appointment Dalas D. Disney - re-appointment David B. Dunnavant - new appointment ,"--' NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive tenns of service on anyone Board. . ." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Dalas D. Disney has served 2 plus tenns. Should the Board wish to re-appoint Mr. Disney, the limitations on two consecutive terms will need to be waived. ,--- ,,-- .'-' Agenda Item No. 9E December 14, 2004 Page 2 of 34 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 5 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: DECEMBER 14, 2004 Kenneth Rech Agenda Item No. 9E December 14, 2004 Page 5 of 34 Planning Consultant; experience includes 40+ years of planning in the public and private sector MS in Urban Planning, diploma - Architectural Technology Professional Engineer; experience includes 22 years as a FL Professional Engineer with extensive experience in public health as Civil Engineering, FL Professional Engineer Ronald Nino Aldo Rosa Semi-retired; experience includes work with commodities on Wall Street College - 2 years At the December 1, 2004 meeting of the Development Services Advisory Committee, the following applicants were recommended to fill the vacancies on the Development Services Advisory Committee: Robert Mulhere, Jason Mikes, George Hermanson, Dalas Disney and David Dunnavant. Please note that Robert Duane withdrew his name from consideration for re-appointment to the Development Services Advisory Committee. Community Development and Environmental Services Division Office of the Administrator Agenda Item No. 9E December 14,2004 Page 6 of 34 Development Services Advisory Committee Name Work Phone Appt'd Exp. DaLe Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William J. Varian 289-8013 12/16/03 12/14/07 4 Years 210 31st Street, N.W. 352-7392 Naples, FL 34120 E-Mail: wjvl992@aol.com District: 5 Category: General Contractor Mr. Herbert Rosser Savage 394-1580 12/14/93 12/14/97 4 Years 651 S. Collier Blvd., #B2 394-2918 02/12/02 12/14/05 4 Years Marco Island, FL 34145 E-Mail: shelif6by@peganet.com District: 1 Category: Architect Mr. Dalas D. Disney 261-3399 10/18/94 12/14/96 2 Years /' 125 Airport Road, N. Suite 200 455-2300 02/27/01 12/1 4/04 4 Years Naples, FL 34104 E-Mail: D.Disney@earthlink.net District: 3 Category: Architect Mr. Blair A. Foley 263-1222 12/14/99 12/14/03 4 Years 120 Edgemere Way South 289-4900 12/16/03 12/14/07 4 Years Naples, FL 34105 E-Mail: folsOOO@aol.com District: 3 Category: Engineer Mr. Robert J. Mulhere 649-1509 09/10/02 12/14/04 ·2 Years /' 1946 Sheffield A venue Marco Island, FL 34145 E-Mail: rjm@consuIt-rwa.com District: 1 Category: Land P1anner Monda)', January 12, 200~ Page 1 of~ Agenda Item No. 9E December 14, 2004 Page 7 of 34 Development Services Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Peter Van Arsdale 64~112 11/14/00 12/14/03 3 Years 123 11th Avenue South 253-8246 12/16/03 12/14/07 4 Years Naples, FL 34102 E-Mail: petervana@earthlink.net District: 4 Category: Construction Mr. Clay C. Brooker 261~9300 09/10/03 12/14/05 2 Years 271 Broad A venue South, #201 213-0910 Naples, FL 34102 E~Mail: cbrooker@yvvaJaw.com District: 4 Category: Attorney Mr. Robert L. Duane 254-2000 10/18/94 12/14/96 2 Years /' P.O. Box 111629 353-4167 02/27/01 12/14104 4 Years - -" Naples, FL 34110 E-Mail: bobduane@holemontes.com District: 3 Category: Land Planner Mr. Bryan P. Milk 389-4359 02/27/01 12/14/04 4 Years ~ SO Bald Eagle Drive Marco Island, FL 34145 E-Mail: bmilk@cityofinarcoisland.com District: 1 Category: Professional Land Planner Mr. Thomas R. Peek 597-8800 12/14/93 12/14/96 3 Years /' 90 East A venue 597~9644 02/27/01 12/14/04 4 Years Naples, FL 34108 E-Mail: tompeek@aol.com District: 2 Category: professional Engineer Monday, January 12, 2004 Pøgl! 2 of 4 .- Agenda Item No. 9E December 14, 2004 Page 8 of 34 Development Services Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Thomas Masters 353-1551 02/23/99 12/14/99 1 Year 4401 Pond Apple Drive 592-5853 12/16/03 ] 2/14/07 4 Years Naples, FL 34119 E-Mail: tommastersofVineyardS@naples.com District: 5 Category: Professional Engineer Mr. Marco A. Espinar 263-2687 12/14/99 12/1 4/03 4 Years 3880 Estey Avenue 12116/03 12/14/07 4 Years Naples, FL 34104 E-Mail: marcoe@prodigy.net District: 3 Calegory: Environmental Planner Mr. Charles Morgan Abbott 649-6565 12/14/93 12/14/97 4 Years 1306 28th Avenue North 649-4286 02/] 2/02 12/14105 4 years Naples, FL 34103 E-Mail: captabbott@aoLcom District: 4 Category: General Contractor Mr. Justin Martin 649-4040 02/12/02 12/14/05 4 Years 5353 23rd Avenue, S.W. 455--1535 Naples, FL 34116 E-Mail: justinmartin@wilsonmiller.com District: 3 Category: Professional Engineer Mr. Brian E. Jones 793-1133 12/14/99 12/] 4/03 4 Years 2121 Heritage Tr. 643-5100 12/16/03 12/14/07 4 Years Naples, FL 34112 E-Mail: tamiamibld@aol.com District: 1 Category: General Contractor Mcmda)', January 12.2004 Page 3 0/4 Agenda Item No. 9E December 14, 2004 Page 9 of 34 ,_. Development Services Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 15 member committee was created on 10/12/93 by Ord. No. 93-76, amended on 11/07195 by Onl. No. 95-60 to add additional categories of industry membership representation. This committee represents the various aspects of the development industry such as architøct. general contractor. residential or builder ",¡ubactor. environmenl8list. land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing OOhtractor, electrical \õOIltractor, structural engineer, and attorney. The purpose of ttis committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational effICiency and budgetary acoountability within the Community Development Services Division and to serve as a primarycammunication link between the Community Development Services Division, the development industry and the citizens of Collier County. Terms are 4 years. FL STA T Staff: Joseph Schmitt. Comm Dev & Env Services Administrator: 403-2385 Monday, January 12, 2004 Page 40/4 MEMORANDUM Agenda Item No, 9E December 14, 2004 Page 10 of 34 RECEIVED ;\10V 0 4 2004 DATE: October 25, 2004 Boarà of Countj Com.issioners TO: Elections Office 6l/ ~ Sue Filson, Executive ~ 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. DEVELOPMENT SERVICES AnV COMM COMMISSION DISTRICT ~ U o-i-vv )'}9' ~ r Ronald E. Nino 33 5th Street Bonita Springs, FL 34134 Robert J. MuJhere 1946 Sheffield Avenue Marco Island, FL 34145 o "1~,t. I vr Kenneth R Rech 1491 251b Street, S.W. Naples, FL 34117 'Ù~ì~~ 6 Jason Hamilton Mikes 3225 Cypress Glen Way, #101 Naples. FL 34109 Ù ,,:J- J- r - ~ Aldo Rosa 9815 Clearlake Circle Naples, FL 34109 V'¡Y' ¡ -,~ c 'F' George H. Hermanson 140 West Street Naples, FL 34108 Robert t· Duane /µ-t../ ~. f{tol '.(.. J.'- 48806 Avenue,S.W. q-ð.80 'í4þr)I\rì",pt:7 J 3 Naples,FL34119 /l~'~' ?1i//7 I:);~ Ù'i~~ r ~ l Da1as D. Disney 4745 Stratford Ct., #2303 Naples, FL 34105 David B. Dunnavant 6441 Sandalwood Lane Naples, FL 34109 1bank you for your help. ùÞJ 4 r l)ìJ ~ Lr Agenda Item No. 9E December 14, 2004 Page 11 of 34 -~--_.~-.-..- MEMORANDUM Agenda Item No. 9E December 14, 2004 Page 12 of 34 DATE: October 25,2004 FROM: Joseph K.. Schmitt, CoIJDIlUDÏty~Deve~pment &. Environmental Services .Administrator Sue Fi1so~ Executive Manager Board of County Commissio TO: RE: Development Services Advisory Committee As you know, we currently have vacancies on the above-retèrenced advisory committee. A press release was issued requesting citizens interested in serving on this comnñttee to submit a resume for consideration. I have attached the resumes received for your review as foUows: RonaJd E. Nino 33 5th Street Bonita Springs, FL 34134 Robert J. MuJhere 1946 Sheffield Avenue Marco Island. FL 34145 Kenneth R. Rech 1491 25th Street, S.W. Naples, FL 34117 Jason Hamihon Mikes 3225 Cypress Glen Way, #101 Naples, FL 34109 Aldo Rosa 9815 Clear1ake Circle Naples, FL 34109 George H. Hermanson 140 West Street Naples, FL 34108 Robert L. Duane 4880 6th Avenue, S.W. Naples, FL 34119 Dalas D. Disney 4745 Stratford Ct., #2303 Naples, FL 34105 r~ Agenda Item No. 9E December 14,2004 Page 13 of 34 David B. Dunnavant . 6441 Sandalwood Lane Naples, FL 34109 Please let me know, in writing, the recommendation for appointmeDt of the advisory committee Within the 41 day time-ftame, and I will prepare an executive summary for the Board's consideration. Please eategorize the applicaatt ia areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments --. . 12/19/213133 16: 42 239-4374636 V~SSE DAYLOR C4 ( f-ecl I~I¡;¡-t» PAGE 132/62 . Co . ~ID_"""'#\~ Ol'Jøn 'nt:r A~nda.1It~~No. 9E Collier County Home I Bee I App1ication faT AdVIsory rmmtt~uutllwr "V r--" o.r ~é~ðMl-m, 2004 (/ Page 14 of 34 Board of Coanty Commissioners 3301 Ea. Tamiami Trail Naples, FL 341 n (239) 17~ Fu: (139) 774-3602 .Lt~!.'.., ". ,'.. :? . ,.. C., I '/ C"'-- Name: 0 Home Add.....: Fu No. BuslDes.: Board or Committee AppUed for: Cata~ory (Jf~: Ihaatple: c....... DIm1ct. ~" _""""_tallllt, .., perMit, de. An yea a .....erat vwter In CDII5er COIIIIty: Yes V No Do you currently hold public omc:e ? Yes No""'" If to, "'hat is tlutt .mcc T Application for Advisory CommitteelBoards Home PhOM: -9-'1 ~ -14. i''' ZIp Code: ~I ~'"" tH"J -&J.I. () , ..mall addreu: I"'ft:~ (;) \M..~. c.e~ C A(I!.D Do you now 1ICrVe, .r It.". you ever -"eel, on a CoWer Couacy board or COJIIIDittee? Yes U'ya, pIase ..lite _lIIiIteellboanls! No ......- Please list yo.r comm.nhy aetlvitics (chrte dabs, nc.hboorhood a.lOdatloa., etc.) aad a~::~~~: ~l~ c:~~ ~:~~-::: ~~:~~·f~~~U'Û Education: "'M.~C W UAf'.I. i..t ~N ~I~ f M~ç.Te2 ðF S(:1tø.,1æ ~ÅGl.\tLlJlt. ~f ~, .a,,-t:M' I n\PLoMa AJL~'~TIlD..A.i_ ~UðL:õ Gay EXPp~C~~ !..~~~~:-; ~~~~ ~JCP~~\.~Ck - n- ølJød rmy ØdiJilro"'} ilffønruztiøn)lO/' pel fHrliIteItt. T1ù... Ø/Jplicøtion ~ht1tIJd be /orwørtIøi to Sw FíJsOll, &øttive Mø~ tD ~ '.,~ ~ ('.o_lni"M1'~. ."01 E4Ú TØllti( pp , TNt/I. Naplrs, FL 3.,1/2. I/)JÐII. .",im. pktl$efø}'OlU oppI,Clltfon ('UJ) 77....J6I)] "..",1111 to PHlfIbon@col/icrgøIUtflL 1JtaM)Þttv for voItmt_i"6 fØ _ IIw dÞwn.s tJ/CoIIifJr ('-".. http://www.colliergov.netlbcc/adviso~/.2Oapplication.h1m 1211912003 ~ - Board of County Commissioners 3301 Eat Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9E December 14,2004 Page 15 of 34 ~. . f(-'þ .~ ' r.. <__.'. .1 ../ Application for Advisory Committees/Boards Name: Robert 1. MuJJ::1c::R:. AlCP Home Add....: 1946 Sheffield Avenue. Marco Island FL Fa. N0.239-649-7056 ....... PIaooe: 239-649-1509 lit... PheBe: 239-642-6425 7Jp Code: 34145 ..maD "'dl'ell:rimrãlconsu1t -rwa.~ BUlm.IS: RWA. Inc.. 3050 North HoJ:sc:shoe Drive. NlIDlcs. FL 34104 Board or Co....... Appled for: Development Services Advisorv Committee (DSAC) Category (if applicable): LaodICommuoity Plønnc:r ~: CI...' , 1IIIÞtct,.......,...... ""'-1.t~~"'-7........ Are YOII . reprtered voter" Coller ComIty: Yes X No Do yoa aarrendy IIoId pùlle olllœ? Yes No X U 110, what '- that oIIœt e Do you now IIeI'ft, or 1uIft,.. _ øerved, _ . CollIer eo.ty...... or~' Yes X Uyes, pIeaIe list lite _..~ DcvelO9lD0nt Sorviœl Advisorv Board iDSAC) No Plea.. lilt yoar eemmalÙty .divitieI (dvie dIIbs, .....bo....ood .aoeiatlou, ete. ød poaitiou held: I have been involved in numerous civic, community IUOUDS. md professionallUOUDS. Please refer to the attached resume for details. EduadioD: SA Political Seåence: Saint Miobae1s CoUcae. Winooski Parle Vermont. 1977 MPA (Masters Public Administration): Florida Gulf Coat University. 2001 EsperieDee: Please refer to attached resuJl'Ie for sunnnarv of professional c:xoe:rieocc to date. - PIM#.... ..1If1tIIIIMftI.,.. b4IIl JJ,...fwI,."".. 71* wi Jlir~""'" Ñ~" S. ,.... ~ II......",. 1IHd"'c.., c. r' -. JJll ,., r".""., TNII, ~ FL 11112. ",.. willi, 1*-t/ttX,..,." r1r....-rr.. (2Jf)714-JW.hr ......... ...m'.~-..« n-t,../fr 1M .. .._... ~.,~C..OO. - - - D'XT^I~C. Agenda Item No. 9E December 14, 2004 Page 16 of 34 ..... ~, , .L .... October 21, 2004 The Honorable Commissioner Donna Fiala, Chair The Honorable Commissioner Fred W. Coyle, Vice Chair The Honorable Commissioner Jim Coletta The Honorable Commissioner Frank Halas The Honorable Commissioner Tom Henning Collier County Board of Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Re: Reappointment to Development Services Advisory Committee (DSAC) Honorable Members of the Board of County Commissioners: Attached, please find a completed application for appointment to a Collier County Advisory CommitteelBoard. I have also attached an updated resume for the Board's consideration. I have served on the DSAC for two years, filing a tenn created by a vacancy. Over these two years, I have enjoyed working with my colleagues on the committee and with Development Services staff on various issues. I currently serve as the vice chair of the Committee and as a member of its Land Development Code Subcommittee. I believe that I have contributed to the Committee's work, particularly given my past professional experience in Collier County, and more recent experience in numerous other jurisdictions. My attendance record is good, as I have only missed a few meetings due to unavoidable conflicts. I would like to have the opportunity to continue as a Committee Member for another term (which wouJd actually be a full term in as much as I was appointed to fill a vacancy previously). Accordingly, I respectfully request reappointment so that I may complete a full term of service. Thank you for you consideration in this matter. Sincerely 1 I.,... { /' I . ". _,_,-_. .......----.--. Robert J. Mulhere, AICP cc: Ms. Sue Filson, Executive Manager .I 3050 North HoI'seshoe Drive. SUite 270. Naples. Florida 34104' (239) 649-1509. fu;; (239) 649-7056 .J 1542 Carson Street. Fort Myers, Florida 33901 . (239) 278·52201. fax: (239) 278-54 19 www.conauIt-rwø.com Agenda Item No. 9E December 14, 2004 Page 17 of 34 e D'lJA ~ ~=- (O!\Sl:UI'I (j ~ .L '" U. .I. S\r4C)lIIJ ROBERT J. MULBERE, AlCP Plaaaiag Direetor RW A, IDe. 3050 Nortla Honeshoe Drive, Suite 170 Napleø, Florida 34104 TelephoDe (139) 649-1509 Faesimile (139) 649-7056 Emu): rjm@coDlult-rwa.coDl Mr. Robert J. Mulhere is a principal with the firm, and Director of Planning Services. He has more than 16 years of professional planning experience and has long been involved in community service in Southwest Florida. Prior to commencing employment with RWA, Inc., Mr. Mulhere was employed as Planning Director for Collier County Government. Mr. Mulhere holds a B.A. in Political Science and a master's degree in Public Adminlstratlonfrom Florida Gulf Coast University. He has been a member of the American Institute of Certified PÙ1.1'II'rers (AlCP) since 1994. Mr. Mulhere \mS retained by Collier County in 200] to oversee the planning aspects of the County's vast Rural and Agricultural Assessment covering nearly 300,000 of acres of agricultW"al and environmentally sensitive lands In eastern Collier County. The result of this three-year plus assessment was the development of the award winning Rural lAnds Stewardship Area and Rural Fringe Area Programs. These are incentive based programs focusing on protection of critically important listed species habitat areas, wetlands and jIowways, while balancing these incentive based protection measures to ensure protection of private property rights. As a result of his significant planning experience in this fast -growing region of the country, Mr. Mulhere Is considered a leader in his field, with particular expertise in growth management, including rural lands issues and transfer of development rights programs; site planning and development; urban design and neighborhood planning; zoning regulations and ordinance writing; and, conflict resolution, expert testimony, and public facilitation. - PROFESSIONAL EXPERIENCE; 200 I - Present: Principal and Director of Planning, R W A, Ine., Naples, Florida. Responsible for initial start up and development of a Planning Division in order to offer the full spectrum of development and professional planning consulting services on local, regional and statewide basis. Consultation services include: zoning and site planning; visioning; comprehensive and strategic planning; community and neighborhood plans; ordinance writing, public facilitation and participation; master planned communities, and expert testimony. - .- e D'lTA N( ~~~.~ CO!\Sllll\fi ~~ ~ "'" ,¿ .&. Sun'c),,, Agenda Item No. 9E December 14, 2004 Page 18 of 34 1997 - 2001: Planning Director, Collier County Government, Community Development and Environmental Services Division, Naples, Florida. Direct supervision over a staff of 65, including professional planning, environmental, landscape architecture. transportation planning (MPO), engineering review services and support staff. Responsibilities included budget preparation and administration of all aspects of planning, engineering and development review. Responsible for administration and interpretation of the Collier County Comprehensive Plan and the Collier County Land Development Code. Staff liaison to the Collier County Planning Commission, the Collier County Environmental Advisory Council, and several other advisory boards, committees and subcommittees. 1994 - 1997: Current Planning at Technical Services Section Manager, Collier County Government, Community Development, Environmental Services Divisbn, Naples, Florida. 1992 - 1994: Planner II, Collier County Government, Community Development, Environmental Services Division, Naples, Florida. 1989 - 1992: Planner 1, Collier County Government, Community Development, Environmental Services Division, Naples, Florida. - EDUCATION: · Postgraduate - MPA -Florida Gulf Coast University (May 2001). Undergraduate - B. A. Political Science - St Michael's College, Winooski Part, Vt. (May 1977) · High School- Clarkstown H. S. No., New City, N. Y., 1969 - 1973. (May 1973) PROFESSIONAL ..cIVIC AFFILIATIONS: · Member American Institute of Certified Planners (AlCP) (1994 - Present) · Member American Planning Association (APA) (1989 - Present) · Member Florida Chapter American Planning Association (F AP A) (1989- Present) · Appoimed to Collier County Development Services Advisory Council (2002 - present) · FAPA Executive Committee (2001-2002, Secretary, 2004:- present) · Chairperson, Promised Land Section of the Florida Chapter APA (2001..02) · Member, Untied Way of Comer County Board of Directors, Executive Committee (2002 - Present) · Past President, Marco Island Charter Middle School Board (2001-02) · Member, Urban Land Institute (ULI), Southwest Florida District Council Member · Past Member, Marco Island YMCA Board of Directors, (Pres.I996, 1999) · Past Member, Tommie Barfield Elementary School Advisory (1996-2002) · Past Member, Marco Island Parks at Recreation Advisory Board (1999, 2000) · Member, Marco Island Sunrise Rotary e 2 e Ð'lJA ~ ~~~~.~ CO!\SI I 11'10(, ~ .&. ~, U.. ... ~~~111J. Agenda Item No. 9E December 14, 2004 Page 19 of 34 ACCOMPLISHMENTS: · Named 1997 "Marco Island Citizen of the Year Award" by the Naples Daily News · Named one of Marco Island's "Top 30 Leaders of 20th Century" by Marco Island Eagle · Appointed to U. S. Army Corps of Engineers Southwest Florida Environmental Impact Statement Alternatives Development Group (ADO) · Member Southwest Florida Ecosystem Recovery Taskforce Working Group · Instructor, Florida Chamber of Commence Growth Management Short Course · Received FAPA "Award of Merit" in 2000 (while with Collier County) · Received FAPA "Award of ExceUence" in 1997, 2001(while with Collier County) · Planning Consultant for Collier County's award winning Rural/Agricultural Assessment (200 1 - 2004), (recipient of F AP A " Award of Excellence" in 2003), · Received Distinguished Leadership Service Award from YMCA of the USA in 1997 · Received Distinguished Fundraising Service Award from YMCA of the USA in 1998 REFERENCES FURNISHED UPON REQUEST e e 3 Agenda Item No. 9E December 14, 2004 Page 20 of 34 filson_s e From: advisoryboardsOcoIlergov.net Sent: Tuesday, October 19, 2004 9:53 PM To: filson_s Cc: RegulaJeson Subject: New On-line Advisory Board Application Subrritted. ~K\Y Board of County Commissioners 3301 East Tamlaml Trail Naples, FL 34112 Tel: (231) 774-3102 Fax:(231)77~802 J.-~~I i..1 '" # ,. , ~ -1 ",,1 -} Odober 19, 2004 Application for Advisory Committees I Boards NmMt: Kenneth R Rec:h Home Phone: ~5-1119 Home Address: 1<191 25th St SW CIty: Naples ZIp Code: 34117 e Fa Number: ~70 ......... Phone: ~ ElM. AcIdntss: IœrvechCÞwfta.rT.com B«*d I Cud.,..... ApplIed for: The DevelOpment SeMœa AdvIIory CGmmllile CaI8gory: (if app/IcM1Ie) No Informaöon provided. Are you . ........... voeer In Coller County? V.. Do you currently hold public oftIce? No Do you now ...-ve, or line you serwd on. Coller County bcNIrd or No. c:ommIIIae? P.....11st your community activities: No irtformMion provided. Educ8tIon: BSCE Civil EnglnMrIng FIorIdII PE 134712 Envlrorvnenllll Health Pro......1 certified in Food Protection and 0n8Ite Sewage Treatment & DIsposal - Experience 18IIcIIground: Twenty~ yea.. regiItIIred.. Florida ProfHllon8l EngIneer. ExteneIYe Exper\eIa in puÞllc heafth, building development, onllte IMIWage 8Y*ma. water treatment planta and dlllñbutlon ~Iœ, sMmmlng pool COMtNctIon, and .mooIa and commercial buildings. Twenty-two years of service for the Depertment of HeIIIh In leverallocal healll departments. I am the Dlvlsïon Dlrec:lor for Environmental Haalth and 10120/2004 Agenda Item No. 9E December 14, 2004 Page 21 of 34 Engineering for the Collier County HIIIIth Oep8rtmert. I hBve been employed In ttQ po&ition IIInce october 2002. FlorIda Profeellionlll EngI...... 34712 e e _e 10/20/2004 - - - Agenda Item No. 9E December 14, 2004 Page 22 of 34 filson s From: advIsoryboards@collergov.net Sent: Monday, October 18. 2004 3:30 PM To: tilson_s cc: Regu~son Subject: New On-line Advisory Board Application Submtted. ~ ...tþl ..1 /'..... ' Cd) Board of County Commissioners 3301 East Tamiaml TraØ Naples, FL 34112 Tel: (238) 774-3802 Fax: (239) 774-.3602 Odober18.2004 Application for Advisory Committees I Boards NMIe: Jaeon Hamlllon MUata Home Phone: 239-597-7371 ttama Address: 322S Cyprøa Glen WIy 101 CIty: Nllples ZIp Code: 34109 Fu NwnbeI. 239-281-&7+4 ....... Phone: 239-281.æ55 em.I Addreu: jlnlkeeObecker-pollllkolf.com 8oM'd I Cui...... Appt.d far: [Melopmellt ~ AdvIay Commltlee c.Iagorr. (If eppNcableJ No Infonn8tIon proYlded. AnI you e ............ ¥IIIIIr In ~ County? Yea Do J'OU cunentIy ItoId public oIIIce? No Do you now Mfft, or hew you _rwd on. Coller County board or No canl....MtiI.c? Please list your c:ommuntly ec:IhIIties: Collier County Bar ~n UrÞ8n Land InstituIe Yowtg Prarl'lr~..."1 YP CharIly of Naples, In<:. EduceOon: StetIon University CoIege of Law Jurta DocIar, December 2002 SIB*" Unlverelty GnadUlte School of BuII_ Admlnlllration Maler of BusInea8 Adrnlnlstnltlon, December 2002 The Florida Sta. University Bachelor of ScIence (Political ScIence). July 2000 Experience , Bec:kground: I am e graduate of The FIoI1dII StIde Unlverelty (B.S.) end SIet80n untYtIt'1IIIy'. joint J.D.IM.B.A. program. During law echooI, I clerlc8d for a SarallCllB law firm that 10/18/2004 e e e - 10/18/2004 ~ dients In the sale and acqulllion of rnldentlaland c:ommerátl prvpatty and lenders and bonowera In ...1-eIItate-.cured tra....... The Fim al80 ret:II.......d lI11a. buetneea owners In the ..Ie and acqulllllon of bueInna __ I was fortunate enough 110 condUct a number of loan, ....1 ...., and bUllne. CIoIings. WhIle eervtng a. a law derlt at tMt Firm, I al80 volunteered my time providing PfO.œno legal eervtoee to indigent cllenlll at Gulf 00_ legal Servloetl, Inc. and received SteI1Ion UniYel'llty's Wlllam F. BIew8 Pro Bono Service Award for the .troIl I joined fJeçJœr & PoIiIIkoft', P A. aa an a.-:l8. In AprIl of 2003. My predice Is focuaed on counMIlng condominium. cooperative, and homeowner .-oclaJlona In aU aapecta of their operations. I al80 coUMeI a number of mobile home and R.V. perk propriatonl, marina, country clube and dev.1opers of relidential planned oommunllle8. In my endnYcn on behalf oflhe.. clents, I have ~rully handled zoning and IInckI8e mattere Þefonl local plamlng and zoning authorltJn In SoLthWeet Florida. lhav. ably III8iII8d clients with rnolYlng boundery dI8put.. and conetruction defect claims. I have requested and sucoe8afu1ly obtlllned the vacation of public roadwaya Ind ....mentI. I hive repreaented dlenta on both sides of _låIry way of necellity negotiation&. I have worked with the FDEP to obtain. modify. and renew eov.tre!gn 8\.Jbn'Iergec:J lend .... and ....menta. I have Þecome filmiliar with lUl'faoe weier management permitting procedures and have helped alenta molYe ..rface water managemant concerns. I have allo argued In drcul and amll dalma cowtll on a tIW occaalone. In addition to eerving my clients at Becker & Pollakoft', P.A., I am currently pnIYidIng pro-bono legel atIIiItance to a newly formed charitable organiZBtlon that plena to provide college 8Cholanshlpa to ColDer County high 8Choo1 students. Thus filr, I have helped them incorporate, draft governing ctocwnenta, tie a regllntlon sta.ment wfth the DIYI8Ion of Consumer Services to obIain authorization to 8011c1t contributions. and qualify tor tax- exempt statue with the Internal Revenue Service. Agenda Item No. 9E December 14, 2004 Page 23 of 34 Agenda Item No. 9E December 14,2004 Page 24 of 34 filson_s _ From: acMsoryboardsGcoliergov.net Sent: Monday, October 18,2004 9:22 AM To: tilson_s Cc: RegulaJøson Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiaml Trail Naple., FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 .Ltþ'.., r. ,A. . '.J ~ .' ~d) October 18, 2004 Application for Advisory Committees I Boards N8me: AIdo Rosa Home Pbone: 239-514-8850 Home Addnta: 9815 CIe8rtake CIrcle CIty: Neples FL ZIp Code: 34109 - Fu Number: 239-514-0951 ....... PIIone: 239-614-8860 EIœI Addrus: al'08825199Oaol.com ...., Coi...\l11tM ApplIed for: The OeveIopnent SeMen A.ci'Mory CommItIIe CaIiegory: (If ~bIe) No Inform8tlon provtded. Are you . NgI........ voIM' In CoIIIIr County? v.. Do you currently hold pubUc: oftice? No Do you now .."., or _WI you ..... on a Coller County bNnI or No ......i.nIttee? Please list your community acllYities: Advillory Committee Pllicam MIIr8h Golf Club, Transition CommItIee Pellcam Mlr8h EducatIon: 2 years coIege new yor1t ,ny - Eapertenc:. , Bactlglound: 88rn1 retired !\'om wall Itreet in 1992. prnIdent 1'018 commodities !\'om 19ff1-1978 ¡nllident aIco commod.... 1978 - ¡nunt.on the new yor1e board oftl1lde Mrwd on board of manege... on aclmIMIon. ad ucallon."',.on,new products,bu8ineee condud. on the new yor1c mercantile exc:henge aervacl on the board of manage.... adjucatlon, Idrniselon, arid bu8ines8 (XInduc.t 10/18/2004 - -e :,- ftlson_s Agenda Item No. 9E December 14, 2004 Page 25 of 34 From: advlsoryboardsOcoliergov .net Sent: Wednesdey, October 13, 2004 4:52 PM To: filson_s Cc: Regu~n Subject: New On-ine Advisory Board Application Subrritted. ~K~ Board of County Commissioners 3301 East Tamlaml Trail Naples, FL 34112 Tel: (238) 774-3102 Fax: (238' 774-3602 J-tJi.~ "py; Do you curnllltlJ bold public otIce? No Do you now ..... or hlive you served on a Coller County bMrd or Yes ..on.......? If yes. pIN_list the bona' c:omnIItHs: Environmental Advieory BoMd October 13. 2004 Application for Advisory Committees I Boards NIme: George H. Hermaneon Home Phone: 239-597-41896 Home AdcInHI8: 1«> Weet Street City: Naples ZIp Code: 34108 Fa Number. 239-254-20ge 8u11i_ PhoM: 239-254-2000 emal Addreø: georgehennaMOnOholemontes.com ..... f CoAo...... ApplIed for. DeYeIOpmenI Servo. AdviIory Com"'" ~ (If .~) ContIUItIng Engineer AN you a ,.......... "'*' In Coller CGunIy? Yes PIMM list yaw community Kltvllles: Big eyprn. BnIn (pelt) Development ServiceS Advleory CommlttH (pelt) cay of Nliplls BOIIrdof Appeå ( IIIIt) CollIer County Envlronme.....1 Advllory Board (p8st) Pelic8n Bey ServIces AdvIlOry Board (pat) EIder-Mooflngs Pntlbylilrl8n ChIRh e EducIdIan: B.S. and M.S. In CIVI EngIneetIng Michigan TechnOlogical Unlvel8lty Experience' Background: 10/14/2004 e - . 10/14/2004 Over 25 years of con8U/tlng engineering experience. of which 20+ yea... were spent In CoBler County. .' '-- Agenda Item No. 9E December 14, 2004 Page 26 of 34 Agenda Item No. 9E December 14, 2004 Page 27 of 34 ftlson_s e From: advisoryboaniS@colliergov.net Sent: Tuesday, October 12, 2004 4:32 PM To: ftlson_s Cc: RegulaJa80n Subject: New On-line Advisory Board Application SUbnitted. ~ÇoKK0' Board of County Commissioners 3301 e.st T.miami Trail Naples, FL 34112 Tel: (239) 774-3102 Fax: (239) 774-3102 ...~þl .~.I. ,~ ' ~d/ October 12, 2004 Application for Advisory Committees I Boards ....: Robert L. c..ne, A.I.C.P. Home Phone: 239-353-4187 Home Address: <1880 eth Avenue SW cay: N8p1ee ZIp COde: 34119 e Fu Number: 238-254-2098 ......... Phone: 239-2S4-2OOO I!IMII AddraS: bobduaneOholemontea.com BOIIId I eon.øMIIe AfIIIIId fer: Development S41rVIcea AdYIaoIy Board CIItegorJ: (If .~) No InfoI'm8tlOn provided. Ale JOU . ........ \fOt ar In CoIHer County? v.. Do you CUINItIJ hold public oftIc:e? No Do JOU now ...... or haw you MI'ftd on. CollIer County board or Y.. ............1 If yea. pIea_ list the boards I c:onwnItteeS: Environmental TechriCIIl PolIcy Advleory Board Please list your community acIIYIIIea: No InformatiOn provlQad. Educ"lon: B.S. øu.Ine_Admlnilllrellon, M.S. ....... of ~I & CommunIty PlMnIng _e Experie"- IlIacIIgrvuncl: 13 years public MCtrJr planning ~Iona, 16 yea,.. Planning Director wtItt Hole Montee, Inc. 10/12/2004 HNI HOLE MONTES ENGINEERS PLANNERS SURVEYORS 950 Encore Way' Naples Flonda 34110· Phone 239254.2000' Fax 239.2542099 November 4, 2004 Ms. Sue Filson Executive Manager Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 RECE\V£O NOV Û 8 2GG4 f County Commissioners ~arð 0 Re: DSAC Committee Dear Ms. Filson: Please accept this letter as official notification of my intent tò withdraw my name as consideration for another tenn on the Development Services Advisory Committee. It has been a pleasure to serve on DSAC, and I wish you well in your search for new committee members. Sincerely, HOLE MONTES, INC. k~·X·~.C_ Robert L. Duane, A.I.C.P. {'. . -- / Planning Director RLD/nbj Napies . Fon Myers· Veo'ce e e - .-- Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9E December 14,2004 Page 29 of 34 Name: Application for Advisory Committees/Boards D a 1 a s D. D i s n e y Home Phone: 2 3 9 - 4 5 5 - 2 3 8 4 Home Address: 4745 Stratford Ct.t #2303 34105 Zip Code: Fax No. 2 6 1 - 94 1 4 Business Phone: 2 6 1 - 3 3 99 e-mailaddress:d.disney@earthlink.net Business: Disney & Associatest Architects/125 Airport Rd.tN. Ste. 200 Naples FL 34104 Board or Committee Applied for: Development Services Advisory Committee Architect Category (if applicable): Enmple: Commission Dlstriet, Developer, environmentalist, lay person, ete. Are you a registered voter in Collier County: Yes X No Do you currently bold public office? Yes If so, what is that offiee? No x Do you oow serve, or have you ever served, 00 a Collier COUDty board or committee? Yes X If yes, please list the eommitteeslboards: No Development Services Advisorv Committee Please list your community activities (civic dubs, neighborhood associations, etc. and positions held: American Institute of Architects Education: See Attacbed 'cv' Experience: See Attached 'cv' Pletlse dIlCh .IIY tuldJtiølltÚ iIIforllUlJion you feel perlÏllent. This øpp/ù:øtúnI slwuld be forwuded to Sue Filson, &ecuth>e MlIIUIIler to the Boønl of County Commissioners, 3301 &uJ r"",¡"mi Tnù/, Nøp/es, FL 34112. lfyou wish,p/mIseftIJCyolUøpp/lctltion to (239)774-3602 or e-møil to .~"efllsollÎØi£o/liel'flo".net. tluutlc youfor volllnleerlng to serve tire dtJ:e1fS ofCollJer Collnty. e e Agenda Item No. 9E December 14, 2004 Page 30 of 34 Disney & Associates, RA. Architecture and Planning 125 Airport Road North Suite 200 Naples, Florida 34104-3500 Phone 239-261-3399 Fax 239-26]-9414 Email d.disney@earthlink.nel v~--''-'''r-!"\. ;rcr~ ~ ":.L ~._....C..: '.~~. ,.~ AA 0002502 October 7,2004 ¿QQ~ Board of County Commission Collier County Florida 3301 East Tamiami Trail Naples, Florida 34112 Boarr',; ";;ih',, ;:-~; ¡ '.': ",; J onerJ Attn: Ms. Sue Filson, Executive Manager Re: Development Services Advisory Committee Member Reappointment Request Dear Ms. Filson: e This letter is to respectfully request reappointment as a member of the Development Services Advisory Committee (DSAC) and in response to the recent advertisement. My tenure on this committee as been most rewarding and I believe an assist to Collier County. During the past few years my involvement in the activities of the DSAC and the related sub-committees provide for me new insights into the operations of CDES and it is my desire to continue working with Collier County on this volunteer basis. I feel the my continued involvement will eliminate the 6-12 month learning curve for any person not previously initiated in the CDES method of business and thus will be a continued assist to the DSAC at large. Thank you in advance for the consideration and the time required in reviewing this request. Attached is a resume of my recent professional activities and the completed application form as required by your notice. Sincerely, ~ Dalas D. Disney, AlA ,- e - Agenda Item No. 9E December 14, 2004 Page 31 of 34 CURRICULUM VITAE Dalas D. Disney, AlA Disney & Associates, P .A. 125 Airport Road N., Suite 200 Naples, Florida 34104 (239) 261-3399 PROFESSIONAL Registered Architect State of Colorado, 1983 State of Florida, 1987 National Council of Architectural Registration Boards, 1987 Code Inspector Florida Department of Education, Uniform Building Code Inspector Certified Inspector, 1990, 1994 Professional~enaber Florida Educational Facility Planners Association Anaerican Institute of Architects Former Member St. John Newnann Catholic High School, School Board, Naples, Florida Developnaent Services Advisory Conunittee, Collier County, Florida EXPERIENCE April 1994 Disney & Associates, PA, Architects and Planners, Naples, Florida 1993 to 1994 Latavish, Disney & Associates, P.A., Architects, Naples, Florida Principal 1988 to 1993 Interina Director, Office of Facilities Planning and Construction, School Board Architect, and Project ~anager, Collier County Public Schools, Naples, Florida 1986 to 1988 W. R. Frizzell Architects, Fort ~yers, Florida Principal, Director of Construction Adminismtion 1985 to 1986 The ~ulhem Group, Denver, Colorado Director of Construction Services and Project Manager 1984 to 1985 C. W. Fentress and Associates, Denver, Colorado Project Architect and Construction Administrator 1981 to 1983 The Luckman Partnership, Los Angeles and Denver Project Captain 1978 to 1981 HHCP Architects, Inc., Maitland, Florida Project Captain 1973 to 1978 W. R. Frizzell Architects, Fort Myers, Florida Job Captain and Architectural Draftsman - -".~"."---~"-- e e Agenda Item No. 9E December 14, 2004 Page 32 of 34 e CURRICULUM VITAE Dalas D. Disney, AlA continued AWARDS 1985 Broadview Animal Clinic, Aurora, Colorado Veterinary Economics Merit Design Award 1986 One DTC, Dever, Colorado Western Region! AIA Merit Design Award and Pacific Coast Builders Conference Gold Nugget Award, Best Commercial Building EDUCATION Continuing Education Edison Community College, Fort Myers, Florida Comnwnity College of Denver, Denver, Colorado Certificate Fort Myers/Lee County VocationaVTecbnical School, 1970 Architectural and General Drafting QUALIFICATIONS Mr. Disney earned his professional Architectural License through direct experience, motivation, intensive study, and extensive state board examination. His extraordinarily extensive and varied background in all aspects of project management, contract documents, specifications, and construction adnúnistration, includes work on major projects ranging from offices and banks to correctional institutions and recreational projects. Recently his specialization has been in educational facilities. Highlights of his work experience include the following projects: ST. PETER THE APOSTLE ROMAN CATHOLIC CHURCH Master plan, programming, site planning and Architect of Record for a new, permanent church in Naples, Florida. The innovative design has been recommended by the Building COInnÚssion in Venice to serve as a 'prototype' and example of preferred site design for future work in the Diocese of Venice in Florida. ORANGE COUNTY CONVENTION CENTER Involvement in all aspects of major convention center project from end of design development phase through construction documents and into construction phases. WALT DISNEY WORLD, EPCOT CENTER PAVILIONS Team member involvement in three high-visibility entertainment pavilions at Walt Disney World, Florida; the American Adventure Pavilion for World Showcase, and the Land and the Imagination Pavilions for Future World. Working with a Maitland, Florida firm for the first and with a Los Angeles firm on the latter two, responsibilities included coordination, research, and technical documentation for the three show piece pavilions at the EPCOT complex. e e _e Agenda Item No. 9E December 14, 2004 Page 33 of 34 CURRICULUM VITAE Dalas D. Disney, AlA continued ExmBITIONS Architecture as Art, Lee County Alliance of the Arts, 1988, One DTC Office Building RELATED PROFESSIONAL ACTIVITIES Member, Professional Regulation Committee, Florida Southwest Chapter, American Institute of Architects Member, Contractors Examining Board - 1992 City of Naples, Florida, Member, Development Services Advisory Committee - 1994 Collier County, Florida (Vice Chair 1999 I Chairman 20(0) American Institute of Architects - Florida Southwest Chapter - Treasurer -1995 NaplesIFt Myers, Florida CONTINUING EDUCATION » Public Construction in the Southeast: Preventing Problems and Resolving Disputes, National Construction Law Center, Inc., Atlanta, Georgia, 1993 » Wind Resistance in Low Rise Construction, Florida Department of Educational Facilities, Boca Raton, Florida, 1993 » Energy Conscious Arcmtecture, 1997 » Indoor Enviromnent, 1997 » Subsurface Conditions, 1998 » Fire Safety in Buildings, 1998 ~ Wind Forces, 1999 » Low Slope Roofing, 2001 » Florida UBC/Structural Technical Core Training, 2001 » Professional Conduct - NCARB, 2003 » PGT Wind-Borne Debris Protection, 2004 ~ Fabric as Building Product, 2004 ~ Principles of Waterproofing, Preventing Cladding System Failures, 2004 Agenda Item No. 9E December 14, 2004 Page 34 of 34 filson_s __ From: advisoryboards@colliergov.net Sent: Friday, August 27, 2004 3:28 PM To: filson_s Cc: RegulaJason Subject: New On-Hne Advisory Board Application Subt1itted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax:(23')77~02 ,,- ~~I ¡..' .IL,.'£~ . r, ..~, ;'1 . 60. .' '. .. . :~ ~ '. . '" 4, ~ .... August 27, 2004 Application for Advisory Committees I Boards NM1e: David B. Dunnavant Home Phone: 239-597-7145 Home Address: 6441 Sandalwood Lane Cfty: Naples Zip Code: 34109 - Fax. Number: 239-403-68OB Business Phone: 239--403-6875 EmaH Address: DDunnavantObammcoUler.com Bo8rd , C<¡e"n..... Applied for: Development Services Advieory Committee CIItegory: (If applicable) No ¡nfoRnation provided. Are you a registered YONr In Collier County? Yes Do you currently hold public oIIic:e? No Do you now serve, or have you served on a Collier County bMrd or No c:onwniItee? Please list your community activities: No Information provided. Education: Naples High 1977 Bachelor's, Building Contltruction, Univ. of Florida 1981 Juris Doctor, law, Florida state UniY. 1991 e Experience' B8ckground: - Construction manager, hotel and otTice con&trudion, 9 years - Attorney, construction law, 3 years - Commercial real estate development manager, 9 years 8/27/2004 Agenda Item No. 9E December 14, 2004 Page 3 of 34 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9E Meeting Date Appointment of members to the Development Services Advisory Committee. 12/14/2004 9: 00: 00 AM Prepared By Date Sue Filson Executíve Manager to the BCC 11/18/2004 10:55:47 AM Board of County Commissioners BCC Offíce Approved By James V. Mudd Board of County Commíssioners County Manager Date County Manager's Offíce 12/3/20044:37 PM Agenda Item No. 9E December 14,2004 Page 4 of 34 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Joseph K. Schmitt, Administrator Community Development and Environmental Services Date: December 2, 2004 Subject: Development Services Advisory Committee Listed below are the applicants for the Development Services Advisory Committee. All applicants have been categorized in their area of expertise. Dalas Disney, AlA Architect; experience includes project management and construction administration, contract documents Professional Architectural License Robert Duane Planning Consultant; planning experience includes13 years in public sector and 16 years in the private sector MS Regional & Community Planning David Dunnavant Attorney; experience includes construction management, construction law, commercial real estate development Juris Doctorate George Hermanson Consulting Engineer; experience includes 25+ years of engineering experience with 20+ in Collier County BS & MS in Civil Engineering Jason Mikes Attorney; experience includes sales and acquisition of residential and commercial property, counseling for condos, co-ops and homeowner associations Juris Doctorate and MBA Robert Mulhere, AICP Land/Community Planner; experience includes 16+ years of planning experience in the public and private sector MS in Public Administration Community Development and Environmental Services Division Office of the Administrator Agenda Item No. 9F December 14,2004 Page 1 of 12 EXECUTfVESU~ARY THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY OBJECTIVE: To complete the performance appraisal of the County Attorney. CONSIDERATIONS: The County Attorney reports directly to the Board of County Commissioners. In order to ensure that the work performance is coordinated with the direction of the fuJl Board an annual appraisaJ and merit consideration are provided in the County Attorney Employment Agreement. Typically, an annual work plan (Action Plan) is developed with the Board. The plan provided has been adjusted, to cover the past two (2) years and has been simplified to a 1 - 3 rating guide rather than the former 1 - 5 evaluation criteria of past years. Previous discussions with commissioners indicated that a I.mifonn knowledge of "exceeds standards" and "far exceeds standards" was not readily applicable on legal review areas such as bond issues, etc. 111e County Attorney has met individually with commissioners and has provided a self-appraisal relating to the performance standards for review. The Action Plan submitted, unless modified, will serve as the 2005 Action Plan as well. - The County Attorney's contract provides that on the date general wage adjustments are granted gencrally to Comer County employces, the County Attorney's base salary shall be modified to reflcct the general wage adjustment granted to other County employees. Merit pay is also available if the Board feels that the County Attorney has "met" or "exceeded" the Board's expectations. Merit pay can be awarded from 3% minimwn to a 10% maximum. By the existing contract, all such merit adjustments shall be included in the County Attorney's base salary. It is noted that following surgery, David did not apply for merit review at the end of 2003 and he did not receive a merit pay increase for FY03. Although this has saved the County money over the past year, it is appropriate to review his performance for FY03 & FY04 under the Action Plan and apply a perfonnance merit pay adjustment for each year now to bring the contract requirements current. FISCAL IMPACT: Depending on the percent of merit pay awarded by the Board, the approximatc cost to the general fund, for each year, may range from $4,500.00 to $17,000.00. General (001) Funds are available to support this range of award. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. RECOMMENDATION: The Board of County Commissioners complete the annual performance appraisal process for the County Attorney and determine the mcrit pay award for FY03 and FY04. J _ Submitted bY'~ ~ Donna lala, ChaIrman Board of County Commissioners --- Item Number Item Summary Meeting Date Approved By David C. Weigel County Attorney COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9F The Annual Performance Appraisal for the County Attorney. 12/14/20049:00:00 AM County Attorney County Attorney Office Agenda Item No. 9F December 14,2004 Page 2 of 12 Date 12/8/200410:24 AM Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget Date 12/8/200410:39 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 12/8/2004 1 :17 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 12/8/20041:31 PM --.< Agenda Item No. 9F December 14, 2004 Page 3 of 12 FY 2002 I 2004 Action Plan David C. Weigel, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace I personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan was developed to illustrate and review Board expectations for the County Attorney for the period from October 2002 through September 2004. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership I organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners is to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale. The simplified evaluation rating scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective evaluation position. Thank you for your time and consideration in this regard. Page 1 of 10 LEGAL ADVICE L.1 The County Attomey will provide effective advice, and assure timely responses to both written and oral questions from the Board of County Commissioners, County Manager, his agencies and employees. Agenda Item No. 9F December 14, 2004 Page 4 of 12 MEASURES Rating [J Communication skills (written and oral> are effective, clear and concise [J Responsive to questions [J Advice demonstrates that the issues have been thoroughly analyzed [J Advice and ideas are solution-oriented Self Analysis of L.1 : The County Attomey Office attomeys have initiated contacts, schedules and worked closely with Commissioners, the County Manager and staff to counsel and provide solutions to the County's complex legal issues. Some of these issues or projects include Ave Maria, Eastern Lands, Special Master program, Transfer of Development Rights Program, Impact Fee matters, and significant Land Development Code and Growth Management Plan updates. My office endeavors to provide timely, accurate, thoroughly researched responses to the Board of County Commissioners, the County Manager and his agencies. The maximum tumaround for a llrigorousu or complicated Request for Legal Services is 5-10 business days by Office rule. However, more typically, staff and Board Requests for Legal Services are responded to promptly, otten within 24 hours or within the desired time. Additionally, weekly staff meetings are held to review agenda packages prior to Board of County Commissioners' meetings to address any potential legal issues that may arise during the Board meeting. Attomeys in the office routinely assist at the following advisory board meetings: CCPC, EAC, Airport Authority, PVAC, CLB, CEB, VAB, MPO, TOC, HAAB (Note: In addition to acting as legal advisor to the Hispanic Affairs Advisory Board, Chief Assistant County Attomey Michael Pettit is also the liaison for this committee), Conservation Collier (this office was integrally involved in the initial and ongoing stages of the County's green space program, including local legislation and assisting in the successful voter referendum and the committee's review of available lands and recommendations for acquisition and financing options). L.2 The County Attomey will assure that the County is provided the best possible representation in all litigation. matters. [J Best utilization of in-house and outside counsel [J Effective selection of outside counsell expertise in specialized fields [J Well chosen litigation communication techniques, e.g. public meetings, shade meetings, written and spoken communiqués Page 2 of 10 Agenda Item No. 9F December 14, 2004 Page 5 of 12 Self Analysis of l.2: The County Attomey Office beoomes involved in a variety of types of lawsuits on behalf of or against the County, such as: eminent domain, personal injury, labor law, employment law, contract disputes, lien enforcement, and animal control. Annually the Board is provided a compilation of and status report on all open cases. Most of the cases filed by or against Collier County are handled by in-house counsel when we have the expertise in the area and the personnel available to handle them. In keeping with the Board strategic goal of developing reliable public infrastructure, a multitude of eminent domain cases were filed in this past two-year period, mostly relating to road and utility projects. Nearly all of these cases have five separate parcels/owners as defendants in each case filed. The County Attomey working closely with the Clerk and the Court received authorization to combine up to 5 separate defendants in each eminent domain case, which saves multiple case filing fees (a five-fold reduction in filing fees and great reductions in the number of separate hearings that otherwise would be required and the extra hours of our legal staff time and extra materials required for creating, managing and going to court hearings for literally hundreds of additional separate cases. This County Attomey-developed procedure is an example of our proactive practice of law to the benefit of taxpayers and "working smarter". So not only are tax and/or impact fee dollars being saved. but also a lot of parcels/owners are being handled more quickly in the eminent domain cases of record. County Attomey achieved through lawsuit or settlement over $860,000.00 in collections and savings for the School Board and Collier County in the adult living facility impact fee cases - (Jacqueline Hubbard). The County decisively won its critical lawsuits with the Clerk over the 6-lane Immokalee Road contract dispute (outside counsel Paul Ullom), assisted by Michael Pettit and Scott Teach. Aquaport cases - Individual commissioners case and federal claims won in federal court; adverse Bert Harris Act trial court decision settled via insurance and (reduced) County payment (outside counsel-Ted Tripp), with substantial assistance provided by Chief Assistant County Attomey Michael Pettit and his assigned Legal Assistant Marian Colli. County won initial lawsuit by Clerk against Ochopee Fire District and 2 Fire District / County employees; Motions to dismiss filed in new-filed case by Clerk (County Attomey - Jacqueline Hubbard). Other cases such as South County Water Reclamation Facility lawsuit, (Paul Ullom), FEMA Flood Insurance Rate Maps (County Attomey - Patrick White), terminated employee lawsuits - Thampi, Douglass, (County Attomey - Jacqueline Hubbard); Pelican Bay/Cap d'Antibes lawsuits (County Attorney - Patrick White, Jacqueline Hubbard) are assigned with cost, strategy and efficiencies in mind. l.3 The County Attomey services to Board/County Manager re: County legislative needs and concems. D Assists the Board/County Manager with advice, review and writing of legislative initiatives and bills; participation and interaction with local legislators / legislative delegation. D Assists the Board in Florida Association of Counties (FAC) matters; attends FAC meetings and actively interacts with FAC officials, including developing Tallahassee and around-the-state contacts; and working well with counsel to FAC. Page 3 of 10 Agenda Item No. 9F December 14, 2004 Page 6 of 12 Self Analysis of L.3: The County Attorney staff works closely with our legislators and the legislative delegation on oounty-related issues. There is also significant coordination with the County Manager and his staff regarding legislative updates and recommendations to the BCC. Additionally, these past 2 years, the County Attorney has developed doser working relationships with our local legislators and support staff and the FAC Executive Director and her support staff. The County Attorney has traveled to Tallahassee with individual commissioners and been actively involved in FAC matters of county concern. I (and my support staff) have worked closely with County Manager and FAC General Counsel Ginger Delegal re: Department of Juvenile Justice state / county funding concerns including County vs. State DJJ legislation litigation and the long-wonisome Article V costs legislation / implementation resulting in a new Collier County court fee county funding ordinance. L.4 The County Attomey shall advise the Board or its members to make Attorney General Opinion requests, or Commission on Ethics opinion requests, and inform the Board of pertinent opinions and case law. The County Attorney shall be evaluated for opinions (J provided relating to Chapter 112, Part III, Florida Statutes and the Collier County Ethics Ordinance. (J Communication skills (written and oral) are effective. clear and concise (J Responsive to questions (J Advice demonstrates that the issues have been thoroughly analyzed Provides creative and proactive responses (solution-oriented advice), if possible Self Analysis of L.4: The County Attomey Office has developed and maintains a close working relationship with the Sunshine Law/Public Records Law, Deputy Attorney General and the Counsel to the Commission on Ethics, both located in Tallahassee. Educational seminars have continued to be provided by attorneys to staff and advisory boards relating to Ethics, Sunshine Law, Public Records Law and Ex Parte oommunications issues. The County Attorney Manual and seminar videotapes have been requested and provided to other government units. During 2003, we proactively worked with the chairs of the local Republican and Democratic committees, the State Attorney's Office, County Manager staff and the Board of County Commissioners to develop a better- defined local Ethics Ordinance. After the revision of the Ethics Ordinance and the Manager's Employee Procedure Manual, Chief Assistant County Attorney Michael Pettit has devoted numerous sessions educating employees on the do's and don'ts of the Ordinance and County Manager policies. This educational, advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the workplace. "An ounce of prevention..." COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating OUTREACH C.1 (Internal) The County Attorney will be (J Provide interim workshops / seminars to expected to educate and update county staff to county staff covering work-related issues reduce creation of legal issues and lawsuits in to reduce county liability the workplace and from work as performed. (J Proactive review of division / department policies and suggest possible updates. (J Maintain open lines of communication with County Manager, Division Administrators, and Department Directors Page 4 of 1 0 . ...."..* ,..,.,'-"" Self Analysis of C.1 : Agenda Item No. 9F December 14, 2004 Page 7 of12 The County Attorney has taken a proactive, preventative, educative approach to assist in reducing the number of legal issue and lawsuits in the workplace. As stated in Self Analysis LA - Mer the revision of the Ethics Ordinance and the Manager's Employee Procedure Manual, Chief Assistant County Attorney Michael Pettit has devoted numerous sessions educating employees on the do's and don'ts of the Ordinance and County Manager policies. This educational, advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the workplace. "An ounce of prevention..." The push has continued in the area of Public Records maintenance and responding to public records requests, some of which are extensive, complex and require search and production from several departments, Board records, and diverse locations including archived materials. Chief Assistant County Attorney Michael Pettit and Certified Legal Assistant Marian Colli have continued to administer, counsel and assist staff with such requests and provide staff with informational and educational programs in this area. I am proud that Collier County government, through my assistance has a fine record in the Public Records and Sunshine Law area. We are also working with the County Manager's Office to develop a records retention policy for the County. This will ultimately save the County countless dollars on storage and staff time in responding to public records requests. C.2 (Intemal) The County Attomey will be expected to regularly communicate with the County Manager, his Division Administrators and Department Directors, and the Constitutional Officers to better ensure that operations between these agencies and the Board of County Commissioners are effectively coordinated. Self Analysis of C.2: D Provide responsive and solution-oriented advice to questions or issues that arise or have the potential of arising D Maintain effective working relationships with County Manager staff and Constitutional Officers The County Attorney and/or Chief Assistant County Attorney continue to attend the County Manager Division staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues that may be on the horizon. Some of the projects that this office has worked closely with the County Manager staff are: Airport Authority options; updating impact fee ordinances; Finance Committee for issuance of bonds; road projects such as Livingston Road extension, Goodlette Road expansion; the County / City of Naples Golden Gate Parkway Overpass Project proceedings; capital projects teams to develop capital project assignments, budget and schedules. In keeping with the strategic goal of revising the Growth Management Plan and Land Development Code to improve the County's ability to manage and control the rate and quality of future development, there are three attorneys currently assigned to the Community Development and Environmental Services Division full time to handle these and the myriad of land use petition and permit-related items. Additionally, various other attorneys (including me) work on issues and handle lawsuits as they arise from this division. Regarding Constitutional Officers, I am proud of maintaining a professional rapport with them all, even while advancing the concerns and desires of the Board and County Manager through legal procedures upon occasion. I refrain from public personal comments, even in difficult times. C.3 (External) The County Attomey will be expected to provide information to the public through public speaking engagements, seminars, print and electronic media. D Communication skills (written and oral) are effective, clear and concise D County Attorney / attorneys available to attend meetings day or night at offices or out in the community as requested. Page 5 ofJO Agenda Item No. 9F December 14, 2004 Page 8 of 12 - HelDful: effective I Self Analysis of C.3: The County Attomey has been the Vice-President. and then President of the Florida Association of County Attorneys over the past two years. The Florida Association of County Attomeys has been actively involved in writing and filing amicus curiae briefs in these court cases where County home rule powers are at issue or threatened. Our County's interests, positions and initiatives are communicated to other County Attomeys and their opinions and suggestions are provided to me on our issues. The County Attorney and assistant county attomeys assist commissioners at commission meetings with the public, both at govemment offices at homeowner association meetings, including commissioner initiated organizational meetings and numerous Town Hall meetings. Assistant County Attorney Ma~orie Student has been invited and lectured repeatedly at Florida Bar Continuing Legal Education seminars re: growth management I land use, a flattering but sincere recognition of our legal expertise and advanced work in cutting-edge growth management. As stated previously, the County Attorney Office lectures on Ethics laws, the Public Records Act and the Govemment-In-The-Sunshine Law, and we've revised our thick reference manual two times in the last two years so that it is case law and local rule current. These are available upon request. Mr. Pettit has lectured on Public Records to the Florida Association of County Attomeys at their statewide seminar. C.4 The County Attorney will be expected to administer the office to assure that the general public is responded to in a timely and accurate manner. o Ability to communicate effectively, tactfully, and courteously o Responsive to questions Self Analysis of C.4: Timely, helpful response to the public is a high priority within the office. We have established a good record and reputation for providing prompt, courteous, responses to questions and issues that arise from the public sector relating to county matters. The office is significantly involved in assisting Board and County Manager Office public records requests and is very cognizant of the duty to work with the appropriate departments to provide prompt, accurate responses. This is an area where I believe that County Attomey staff shines by expeditiously communicating with the requestor and the offices affected by such requests, completing the projects and exceeding expectations. Additionally, when our office receives a call or visit from a member of the public where our office is not the correct office. it is my policy for our attomeys and support staff to assist the caller with the way to obtain the answer or make a call for the public to assist in some way even if our office isn't in a position to answer, and certainly not provide client-type legal advice. It's a type of public relation that can change the bad mood of someone who's gotten "the runaround" contacting government offices. FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an 0 Compile and analyze financial, annual budget for the Office of the County budgetary, and statistical data and Attorney that will be presented to the Board of present a realistic, cost effective budget County Commissioners for review and 0 Ability to prepare an annual pay plan for approval through the budget process the Office of the County Attorney developed by the County Manager. Page 6 of 10 Self Analysis of F.1: Agenda Item No. 9F December 14, 2004 Page 9 of 12 Fiscal responsibility and well-analyzed, cost-effective budgets have been a bulwark of the County Attorney for many years. Increases are requested only when the ever-increasing level of legal demands dictate additional resources. The goal is to provide the Board with the most efficient, effective legal representation possible. As indicated in my response to L.2, we've made arrangements with the Clerk and Judge that have saved tremendous expenses, clerical time and court time in eminent domain cases. We do more with less when we can, and achieve efficiency along the way. The Board's approval of my request for reconfiguration of County Attorney Office space earlier this year already allows for in-office mediations, reducing off-site expenses and reducing time issues in our litigation. Assistant County Attomeys can therefore access their support staff for multiple projects and requests at the office while the starts and stops of litigation mediation eat up a day. Another example of management vision to achieve savings and efficiencies for now and the future. F.2 The County Attorney will assure that the budget for the Office of the County Attomey is effectively administered and the Board is timely informed on any extraordinary matters arising throughout the year. Self Analysis of F .2: Q Prudent administration of County Attorney Office budget; fiscally responsible Q Communicate in a prompt, timely manner any extraordinary issues that arise during the fiscal year. My record indicates my conservative approach to administration of the County Attomey's budget. Increases are sought only in extraordinary circumstances, and then only when all other avenues have been exhausted. I've developed a revenue component to the office budget. When significant issues or matters I deem necessary to inform the client arise, I communicate with the Board either during the board meeting or individually, as appropriate. F.3 The County Attomey will assure that bond issues and other financing matters of a legal nature are coordinated through the County Manager, Clerk, Financial Advisor, Bond Counsel, and Disclosure Counsel (the "players"). Self Analysis of F .3: o Responsive to questions of the "players" o Performance demonstrates that the issues have been thoroughly analyzed (bond issues) o Demonstrates a comprehensive understanding of bond issues and related financing matters (advises and assists Board/Chairman, as appropriately in transactions and closings) The financing issues that come to this office are responded to and handled in a coordinated manner with all participants (Clerk, FinancialAdvisor, Bond Counsel, Disclosure Counsel and county staff). An attomey in this office also attends and participates in the Finance Committee meetings. The County Attomey reviews and provides document revision comments to Bond Counsel, provides a County Attomey opinion letter for all bond issues. The County's fiscal and financing transactions in this area have been successful, routine and legally proficient. Page 7 of 1 0 Agenda Item No. 9F December 14, 2004 Page10of12 LEADERSHIP I PERSONNEL MANAGEMENT MEASURES Rating P.1 The County Attorney will assure that there are clear goals and objectives established and that they are effectively communicated throughout the County Attomey Office. [J Planning & organization: establish goals and priorities, analyze and evaluate organizational effectiveness and make sound decisions. [J Application of management techniques to ensure compliance with organizational policies and directives, to control quality, quantity, time and costs. Self Analysis of P.i: The County Attorney has developed its own hybrid Policies and Procedures Manual that covers the nuances of County Attomey employees professional responsibilities, the needs of the client and personnel conduct. [Mandatory review] County Attomey holds biweekly office staff meetings to review agenda materials and prepare for Board meetings, share legal news and views and make new office assignments in a group setting, where appropriate. Project and departmental assignments are made pursuant to the particular aptitude, interest and expertise of each attomey. "High profile" assignments are made upon particular requests of the client (Board, County Manager, Division Administrators, etc.) and/or by the County Attomey or Chief Assistant, who retain a "monitoring"/advisoral position of the assistant county attomeys, as appropriate. Time Sheet and other administrative review techniques are applied to determine work demands, fairness in assignment and timely response to Board and departmental legal demands. P.2 The goals of the Board of County Commissioners and County Manager are effectively understood and proper assistance is provided by the County Attomey Office in pursuit of said goals. [J Application of management techniques to assure effective assistance to respective clients. [J Guide and direct staff to maximize legal resources with client needs. Page 8 ofl0 Self Analysis of P.2: Agenda Item No. 9F Decembe¡' 14. 2004 Page 11 of 12 A satellite County Attorney Office with a staff of three attorneys and support staff dedicated to the Comrnunity Development and Environmental Services Division assists the Board and County Manager in achieving their objective in revising the Growth Management Plan and Land Development Code to improve the county's ability to manage and control the rate and quality of future developments. Particularly, Assistant County Attorney Patrick White has been instrumental in the update, revision and re-codification of the Land Development Code. Many attorneys in the office have been integrally involved in most aspects of the Growth Management issues and projects (Le. attorney workshops, EAR, Eastern Lands & Rural Fringe, Growth Management Plan, Land Development Code, Transportation Concurrency issues, Transfer of Development Rights, Community Redevelopment Agencies, and Overlays) worked on in the County Manager agency. The County Attorney Office has been an effective team player with the Board and County Manager on important road, overpass and boat speed regulation matters. The litigation component has been important (Immokalee Road 6-laning project, Golden Gate Parkway Overpass Project. public utilities contracts, etc.) to help the county's public health, safety and welfare goals to be achieved. The foregoing infolTl'lation and our extensive Ethics and Sunshine Law work discussed earlier are illustrative that the County Attomey has been an integral part of the County Strategic Goal to Rebuild and Maintain Public Trust. P.3 The County Attomey will assure that employees are provided performance expectations and peñormance evaluations that are designed to enhance peñormance. Self Analysis of P.3: [J Provide encouragement, guidance and direction to subordinates with regard to their development and improvement. Coaching, counseling and helping employees overcome job problems and develop career plans. [J Assess peñormance strengths and deficiencies, encourage and reward employees and/or exercise appropriate discipline. Action Plans are developed with staff and annual evaluations are done in late summer annually. In addition to these annual peñormance evaluations, meetings with each of my employees are scheduled three separate times per year to give and receive feedback from staff and to assure that there is a mutual understanding of expectations. From these meetings, employees receive coaching and/or counseling to assist them in achieving their peñormance of goals and professional development. I also maintain an open door policy and encourage people to share suggestions, ideas and concerns. The fresh ideas for innovative change and ongoing dialogue assist me in striving to improve efficiencies, morale, and effectiveness of the office. PA The County Attorney will assure that qualified applicants are recruited and selected to provide the Board with superior legal advice and representation. [J Understanding of effective interviewing techniques [J Thorough awareness of organizational needs and desires [J Knowledge of market conditions relating to comoensation and benefit packages Page 9 of 1 0 Agenda Item No. 9F December 14, 2004 Page 12 of 12 Self Analysis of P.4: Surveys of other comparable counties are done periodically to assure that the compensation and benefit package stays within the market ranges. Standards are set high through job descriptions to ensure that the most qualified applicants are recruited and selected. This office has maintained a very good record on applicant recruitment, selection and retention. Currently within the office there are three (3) Board Certified Florida Local Government Law Attorneys, three (3) Certified Legal Assistants one (1) legal assistant has a law degree, and one (1) legal assistant is a trial attorney that has practiced law twenty-plus years in another state and his trial expertise assists our litigators. P.5 The County Attorney will assure that training is provided to all staff to assure that the Board is being provided with the best legal advice and representation possible. [J Encourage employees to attend training to better enhance knowledge and skills [J Periodic in-house training for updates and uniformity of legal peñormance by staff Self Analysis of P.5: In-house training sessions are held periodically to keep staff current on new legislation, ordinances, practices, and technological advances. All employees within the office are encouraged to attend training classes provided by the Human Resources Department that will enhance their knowledge and skills. Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective areas of practice. The Florida Assodation of County Attorneys information - hot topics Web list assists us with research, legislative issues affecting counties and legal opinions. Ma~orie Student is a frequent lecturer on land use matters at Florida Bar seminars throughout the state. ,- Page 10 oflO L .. . --. - "Agenda Item No. 10A December 14, 2004 Page 1 of 124 EXECUTIVE SUMMARY L Resolution of the Board of County Commissioners of Collier County, Florida, supplementing Resolution No. 85-107, as previously amended and supplemented; Authorizing the refunding of certain of the County's outstanding Capital Improvement Revenue Refunding Bonds, Series 1994; Authorizing the financing of various capital improvements within the County; Authorizing the refinancing of certain outstanding interim indebtedness of the County; Authorizing the issuance of not exceeding $180,000,000 in aggregate principal amount of Collier County, Florida Capital Improvement and Refunding Revenue Bonds, Series 2005 in order to refund such series 1994 bonds, rmance such capital improvements within the County and refmance such outstanding interim indebtedness; Making certain covenants and agreements with respect to said bonds; Authorizing the awarding of said bonds pursuant to a public bid; Delegating certain authority to the chair for the award of the bonds and the approval of the terms and details of said bonds; Appointing the paying agent and registrar for said bonds; Authorizing the distribution of a preliminary official statement and the execution and delivery of an omcial statement with respect thereto; Authorizing the execution and delivery of an escrow deposit agreement and the appointment of an escrow agent thereto; Establishing a book- entry system of registration for the bonds; Authorizing municipal bond insurance for the bonds; authorizing a reserve account [Surety Bond) with respect to the bonds; Authorizing the execution and delivery of a continuing disclosure certificate; and providing an effective date. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing the issuance of Collier County, Florida Capital Improvement and Refunding Revenue Bonds, Series 2005 in an amount not to exceed $180,000,000. CONSIDERATIONS: New Proiects Reautrine: Financine: Collier County currently has financing needs for five specific capital projects. The Board has already approved the guaranteed maximum price (GMP) contract with Kraft Construction for the North Naples Regional Park. It was further noted that this project was ultimately dependent upon securing financing through the issuance of a revenue bond. In addition, the financing required for the Courthouse Annex and parking garage projects as noted in the following table is based on the GMP just recently received. The financing amounts for the EOC project and the Fleet Facility are based on the most current construction estimates available and also include an additional 10% contingency. It must be noted that prices are highly volatile due to rapid escalation in the cost of concrete and steel. Agenda Item No.1 OA December 14,2004 Page 2 of 124 .;- FY OS Budget Estimate of Financin Re uired $43,000,000 $15,450,000 $13,000,000 $28,600,000 $8,243,000 $108293000 Current Estimate of Financin Re uired $43,000,000 $22,844,000 $18,232000 $40,156,000 $9,570,000 $133 802 000 Commercial Paper Refinancin2 This bond issue also assumes the refinancing of commercial paper debt used to acquire the Arthrex building to house the Transportation Services Division and the acquisition of the Fleischmann property. The commercial paper loan program is used optimally for short- tenn borrowings or as an interim financing mechanism until a long-tenn financing instrument, such as a bond issue, is secured. Commercial paper is also variable rate debt, subject to interest rate risk. The table below identifies the amount of commercial paper debt to be refinanced in this bond issue. Amount $15,555000 $5,990,000 $21 545 000 Refundin2 ODPortunitv According to the County's Financial Advisor, market conditions are at a desirable level to warrant refunding the outstanding Capital Improvement Refunding Revenue Bonds, Series 1994 in the amount of $16,560,000. Based on current market conditions, the refunding would generate net present value savings in excess of$l,lOO,OOO or 7.04%. The County's Finance Committee has reviewed this infonnation and has recommended that the Board of County Commissioners authorize this refunding. As a general rule, staff recommends refunding bonds only where the net present value savings is in excess of 5.0%. Fitch's Rating Services and Standard and Poor's have assigned underlying "AA-" ratings on this bond issue. The 'AA_' rating on the county's capital improvement revenue bonds is based on the relatively stable nature of the pledged revenue stream, adequate coverage by pledged revenues, sound legal provisions and the county's general credit characteristics. It is anticipated that this bond issue will close in early February 2005. I Agenda Item No.1 OA December 14, 2004 Page 30f 124 FISCAL IMPACT: Each of the capital projects requiring new money was included in the FY 05 adopted budget. The bonds have a tenn of thirty years and the repayment pledge is revenue from the Local Government Half-Cents Sales Tax. However, the pro- rata debt service associated with the North Naples Regional Park will be paid from park impact fees. The balance of new money projects are eligible expenses of the Government Building impact fee and any debt service requirement above the funds available in the government building impact fee will be absorbed within the General Fund allocation for capital projects. Assuming level debt service and 4% annual revenue growth, the remaining estimated sales tax bonding capacity for the next 30 years is approximately $84 million. The following projects are already potential obligations against the remaining bonding capacity: Roads - Courthouse Annex (phase II) - Sheriff Special Operations Facility - Total Future Obligations $84,000,000 $45,000,000 $22,540,000 $ 11.550.000 $79,090,000 Estimated Remaining Bonding Capacity - ,,-.. By back loading the debt service in this bond issue, the remaining sales tax bonding capacity could be increased to approximately $129,000,000 (an increase of $45 million). However, the cumulative debt service expense on the Series 2005 bond issue (due to back loading principal) would increase by approximately $48 million. Bonding the remaining sales tax capacity would also result in additional interest expense on the $45 million principal amount. GROWTH MANAGEMENT IMPACT: The North Naples Regional Park is a Category A facility in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: . Adopt the attached Resolution authorizing the issuance of Collier County, Florida Capital Improvement and Refunding Revenue Bonds, Series, 2005 in an amount not to exceed $180,000,000 using a competitive sale with a level debt service structure; . Authorize staff to approve necessary budget amendments. Prepared by: Michael Smykowski, OMB Director I 1,- I Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No.1 OA December 14, 2004 Page 4 of 124 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A This item to be heard at 10:00 a.m. Recommendation to approve a Resolution authorizing the issuance of captial improvements and refunding revenue bonds Series 2005 in an amount not to exceed $180.000,000. (Sales Tax Bond Issue) (Mike Smykowski, Director, Office of Management and Budget) 12/14/20049:00:00 AM Management & Budget Director Date Approved By Office of Management & Budget 12/812004 2:31 PM James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1218/2004 3:64 PM · DRAFI' #[^]~: 12/[^].1JJ04 OOl-00045.B r^]~ RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPLEMENTING RESOLUTION NO. 85-107, AS PREVIOUSL Y AMENDED AND SUPPLEMENTED; AUTHORIZING THE REFUNDING OF CERTAIN OF THE COUNTY'S OUTSTANDING CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 1994; AUTHORlZING THE FINANCING OF VARIOUS CAPITAL IMPROVEMENTS WITHIN THE COUNTY; AUTHORIZING THE REFINANCING OF CERTAIN OUTSTANDING INTERIM INDEBTEDNESS OF THE COUNTY; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $180,000,000 IN AGGREGATE PRlNCIP AL AMOUNT OF COLLIER COUNTY, FLORlDA CAPITAL IMPROVEMENT AND REFUNDING REVENUE BONDS, SERIES 2005 IN ORDER TO REFUND SUCH SERlES 1994 BONDS, FINANCE SUCH CAPITAL IMPROVEMENTS WITHIN THE COUNTY AND REFINANCE SUCH OUTSTANDING INTERIM INDEBTEDNESS; MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT TO SAID BONDS; AUTHORlZING THE A WARDING OF SAID BONDS PURSUANT TO A PUBLIC BID; DELEGATING CERTAIN AUTHORlTY TO THE CHAIR FOR THE .... AWARD OF THE BONDS AND THE APPROVAL OF THE TERMS AND DETAILS. OF SAID BONDS; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT WITH RESPECT THERETO; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND THE APPOINTMENT OF AN ESCROW AGENT THERETO; ESTABLISHING A BOOK-ENTRY SYSTEM OF REGISTRATION FOR THE BONDS; AUTHORlZING MUNICIPAL BOND INSURANCE FOR THE BONDS; AUTHORIZING A RESERVE ACCOUNT SURETY BOND WITH RESPECT TO THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING , '"." -".. ...._._""_....,--"',.---~.,.-.. - _.,.'"-_.._--_...~ ,,~..,. Agenda Item No. 10A December 14, 2004 Page 6 of 124 DISCLOSURE CERTIFICATE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. FINDINGS. It is hereby found and detennined that: (A) On April 30, 1985, the Board of County Commissioners (the "Board") of Collier County, Florida (the "Issuer") duly adopted Resolution No. 85-107, as amended and supplemented (collectively the "Resolution"), for the purposes described therein, authorizing, among other things, the issuance of $29,625,000 Capital Improvement Revenue Refunding Bonds, Series 1985 (the "Series 1985 Bonds"), which Series 1985 Bonds were issued for the principal purpose of refunding the Issuer's outstanding Capital Improvement Revenue Bonds, Series 1982. The Series 1985 Bonds are no longer outstanding under the Resolution. (B) Pursuant to the Resolution the Issuer has heretofore issued its $30,415,000 Capital Improvement Revenue Refunding Bonds, Series 1994 (the "Series 1994 Bonds") for the principal purpose of refunding the County's outstanding Capital Improvement Revenue Bonds, Series 1986. (C) Pursuant to the Resolution, the Issuer has heretofore issued its $47,430,000 Capital Improvement Revenue Bonds, Series 2002 (the "Series 2002 Bonds") for the principal purpose of financing various capital improvements and refunding certain indebtedness of the Issuer. (D) Pursuant to the Resolution, the Issuer has heretofore issued its $49,360,000 Capital Improvement and Refunding Revenue Bonds, Series 2003 (the "Series 2003 Bonds") for the principal purpose of refunding the County's outstanding Capital Improvement Revenue Refunding Bonds, Series 1992 and financing various capital improvements within the Issuer. (E) In order to finance the acquisition, construction and equipping of certain capital improvements (the "Prior Projects") on an interim basis, the Issuer previously issued its Collier County, Florida Revenue Note, Draw No. A-27-1 and Collier County, Florida Revenue Note Draw No. A-29-l (collectively, the "Prior Notes") in the aggregate principal amount of $21,545,000, to the Florida Local Government Finance Commission (the "Finance Commission") to evidence borrowings under the Finance Còmmission's Pooled Commercial Paper Loan Program. The Prior Projects are generally described on Exhibit A hereto. - 2 ,---~ -- - Agenda Item No. 10A December 14,2004 Page 7 of 124 (F) The Issuer hereby determines that certain capital improvements should be acquired, constructed and equipped within the Issuer in order to improve the health, safety and welfare of the inhabitants within the Issuer's geographic boundaries. Such capital improvements are generally described in Exhibit A hereto and are more particularly described in the records, plans and specifications on file with the Issuer (the "Project"). The Project may be amended or supplemented from time to time by the Board without the consent of any Bondholder (as defined in the Resolution) or Insurer (as defined in the Resolution). (G) The Issuer hereby deems it in its best interest to refund, on a current basis, that portion of the outstanding Series 1994 Bonds maturing on or after October I, 2006 (the "Refunded Bonds") in order to achieve debt service savings. The Series 1994 Bonds maturing on October 1,2005 shall be paid at their scheduled maturity. (H) In order to provide pennanent financing with respect to the Prior Projects originally fmanced with proceeds of the Prior Notes and to eliminate interest rate risk inherent with variable interest rate debt obligations such as the Prior Notes, it is in the best interests of the issuer to refund the Prior Notes with the proceeds of a longer term, fixed interest rate obligation. (1) The Resolution provides for the issuance of Additional Parity Bonds on a parity with tJ.e then outstanding Series 2002 Bonds, Series 2003 Bonds and the Series 1994 Bonds maturing on October I, 2005 (collectively, the "Parity Bonds") for the purpose of financing the acquisition, construction and equipping of the Project, refunding, on a current basis, the Refunded Bonds and refinancing the Prior Notes upon meeting the requirements set forth therein. (J) There is hereby authorized the fmancing and/or reimbursing of the costs of the acquisition, construction and equipping of the Project, the refunding of the Refunded Bonds and the refinancing the Prior Notes, all in the manner as provided by this Supplemental Resolution. (K) The Issuer deems it to be in its best interest to issue its Collier County, Florida Capital Improvement and Refunding Revenue Bonds, Series 2005 (the "Series 2005 Bonds") for the principal purpose of fmancing and/or reimbursing the costs of the acquisition, construction and equipping of the Project, refunding, on a current basis, the Refunded Bonds and refinancing the Prior Notes. The Series 2005 Bonds shall be issued on parity in all respects with the Parity Bonds pursuant to the tenns of the Resolution. (L) A portion of the proceeds derived from the sale of the Series 2005 Bonds, together with other legally available moneys of the Issuer, shall be deposited to a special escrow deposit trust fund to purchase certain direct non-callable U.S. Treasury obligations (the "Escrow Securities"), which shall be sufficient, together with the investment earnings therefrom and a cash de posit, if any, to pay the principal of, 3 I Agenda Item No.1 OA December 14.2004 Page 8 of 124 premium, if any, and interest on the Refunded Bonds as the same become due and payable or are redeemed prior to maturity, all as provided herein and in the hereinafter described Escrow Deposit Agreement. (M) In accordance with Section 218.385, Florida Statutes, and pursuant to this Resolution, the Series 2005 Bonds shall be advertised for competitive bids pursuant to the Official Notice of Sale, the fonn of which is attached hereto as Exhibit C (the "Official Notice ofSalen). (N) Pursuant to the Official Notice of Sale, any competitive bids received in accordance with the Official Notice of Sale on or prior to 10:00 a.m., Eastern time, on January 11, 2005 or such other date or time as is detennined by the Chair in accordance with the terms and provisions of the Official Notice of Sale, shall be publicly opened and announced. (0) Due to the present volatility and uncertainty of the market for tax-exempt obligations such as the Series 2005 Bonds, it is desirable for the Issuer to be able to advertise and award the Series 2005 Bonds at the most advantageous time and date which shall be determined by the Chair; and, accordingly, the Issuer hereby detennines to delegate the advertising and awarding of the Series 2005 Bonds to the Chair within the parameters described herein. ~. (P) It is necessary and appropriate that the Board detennine certain parameters for the terms and details of the Series 2005 Bonds and to delegate certain authority to the Chair for the award of the Series 2005 Bonds and the approval of the terms of the Series 2005 Bonds in accordance with the provisions hereof, of the Resolution and of the Official Notice of Sale. (Q) In the event Bond Counsel to the Issuer shall determine that the Series 2005 Bonds have not been awarded competitively in accordance with the provisions of Section 218.385, Florida Statutes, the Board shall adopt such resolutions and make such findings as shall be necessary to authorize and ratify a negotiated sale of the Series 2005 Bonds in accordance with said Section 218.385, Florida Statutes. (R) The Issuer hereby certifies that it is not in default in performing any of the covenants and obligations assumed under the Resolution and all of the covenants contained in the Resolution shall apply to the Series 2005 Bonds. (S) The report required by Section 19(1)( 1) of the Resolution is set forth as Exhibit B hereto and the Board hereby accepts such report. In connection therewith, the actual debt service for the Series 2005 Bonds shall be detennined in connection with the competitive sale of such Series 2005 Bonds within the parameters set forth herein and shall be set forth in the Award Certificate and the final Official Statement, each described herein. 4 Agenda Item No. 10A December 14,2004 Page 9 of 124 . (1) The Project is of the nature and type that is beneficial to, or available to, all of the citizens of the Issuer. (U) The Resolution provides that the Series 2005 Bonds shall mature on such dates and in such amounts, shall bear such rates of interest, shall be payable in such places and shall be subject to such redemption provisions as shall be detennined by Supplemental Resolution adopted by the Issuer; and it is now appropriate that the Issuer set forth the parameters and mechanism to determine such terms and details. (V) The Series 2005 Bonds shall not constitute a general obligation or a pledge of the faith, credit or taxing power of the Issuer, the State of Florida, or any political subdivision thereof, within the meaning of any constitutional or statutory provisions. Neither the Issuer, the State of Florida, nor any political subdivision thereof shall be obligated (i) to exercise its ad valorem taxing power in any form on any real or personal property of or in the Issuer to pay the principal of the Series 2005 Bonds, the interest thereon, or other costs incidental thereto, or (ii) to pay the same from any other funds of the Issuer except from the Pledged Revenues, in the manner provided in the Resolution. SECTION 2. DEFINITIONS. When used in this Supplemental Resolution, the terms defined in the Resolution shall have the meanings therein stated, except as such definitions may be hereinafter amended or defmed. SECTION 3. AUTHORITY FOR THIS SUPPLEMENTAL RESOLUTION. This Supplemental Resolution is adopted pursuant to the provisions of the Act and the Resolution. SECTION 4. AUTHORIZATION OF THE FINANCING OF THE PROJECT, THE REFUNDING OF THE REFUNDED BONDS AND THE REFINANCING OF THE PRIOR NOTES. The Issuer hereby authorizes the financing and/or reimbursing of all or a portion of the Cost of the Project subject in all respects to the award of the Series 2005 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale. The Issuer hereby authorizes the refunding, on a current basis, of the Refunded Bonds, in accordance with the tenns of the Resolution and the Escrow Deposit Agreement, subject in all respects to the award of the Series 2005 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale. The Issuer hereby authorizes the refinancing of the Prior Notes, subject in all respects to the award of the Series 2005 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale. SECTION S. DESCRIPTION OF THE SERIES 200S BONDS. The Issuer hereby authorizes the issuance of a Series of Bonds in the aggregate principal amount of not exceeding $180,000,000 to be known as the "Collier County, Florida Capital Improvement and Refunding Revenue Bonds, Series 2005" (or such other series designation as the Chair may determine), for the principal purposes of financing and/or 5 , -- - . Agenda Item No.1 OA - December 14, 2004 Page 10 of 124 reimbursing all or a portion of the costs of the acquisition, construction and equipping of the Proj ect, refunding, on a current basis, the Refunded Bonds and refinancing the Prior Notes. The aggregate principal amount of the Series 2005 Bonds to be issued pursuant to the Resolution shall be determined by the Chair provided such aggregate principal amount does not exceed $180,000,000. The Series 2005 Bonds shall be dated as of the date of their delivery or such other date as the Chair may detennine, shall be issued in the form of fully registered Bonds in the denomination of $5,000 or any integral multiple thereof, shall be numbered consecutively from one upward in order of maturity preceded by the letter R", shall bear interest from the dated date determined therefor, payable semi-annually, on April 1 and October I of each year (the "Interest Dates"), commencing on April 1 , 2005, or such other date as may be determined by the Chair. Interest on the Series 2005 Bonds shall be payable by check or draft of U.S. Bank National Association, Fort Lauderdale, Florida, as Paying Agent (the "Paying Agent"), made payable and mailed to the Holder in whose name such Series 2005 Bonds shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding the applicable Interest Date, or, at the request of such Holder, by bank wire transfer to the account of such Holder. Principal of the Series 2005 Bonds is payable to the Holder upon presentation, when due, at the designated corporate trust office of the Paying Agent. The principal of, redemption premium, if any, and interest on the Series 2005 Bonds are payable in lawful money of the United States of America. The Series 2005 Bonds shall bear interest at such rates and prices or yields, shall mature on October 1 of each of the years and in the principal amounts corresponding to such years, and shall have such redemption provisions as determined by the Chair subject to the conditions set forth in Sections 5, 6 and 7 hereof and the provisions of the Official Notice of Sale. The final maturity of the Series 2005 Bonds shall not be later than October 1, 2035. All of the terms of the Series 2005 Bonds will be included in a certificate to be executed by the Chair following the award of the Series 2005 Bonds (the "Award Certificate") and shall be set forth in the final Official Statement, as described herein. SECTION 6. AWARD OF SERIES 2003 BONDS. The Chair, on behalf of the Issuer and only in accordance with the terms hereof and of the Official Notice of Sale, shall award the Series 2005 Bonds to the underwriter or underwriters (the "Underwriters") that submit a bid proposal which complies in all respects with the Resolution, this Supplemental Resolution and the Official Notice of Sale and offers to purchase the Series 2005 Bonds at the lowest true interest cost to the Issuer, as calculated by the Issuer's Financial Advisor in accordance with the terms and provisions of the Official Notice of Sale; provided, however, the Series 2005 Bonds shall not be awarded to any bidder unless the true interest cost set forth in the winning bid (as calculated by the Issuer's Financial Advisor) is equal to or less than 6.00%; provided, further, that such ,.,-.<- 6 Agenda Item No. 10A December 14, 2004 Page 11 of 124 winning bid shall result in a net present value debt service savings of no less than 5.00% of the outstanding par amount of the Refunded Bonds, as determined by the Issuer's Financial Advisor. In accordance with the provisions of the Official Notice of Sale, the Chair may, in her sole discretion, reject any and all bids. SECTION 7. REDEMPTION PROVISIONS FOR SERIES 200S BONDS. The Series 2005 Bonds may be redeemed prior to their respective maturities from any moneys legally available therefor, upon notice as provided in the Resolution, upon the tenns and provisions as determined by the Chair, in rer discretion and upon the advice of the Issuer's Financial Advisor; provided, however, with respect to optional redemption terms for the Series 2005 Bonds, if any, the first optional redemption date may be no later than October I, 2014 and no call premium may exceed 1.00% of the par amount of that portion of the Series 2005 Bonds to be redeemed. Tenn Bonds may be established with such Amortization Installments as the Chair deems appropriate and upon the advice of the Issuer's Financial Advisor. The Chair may detennine, in her discretion and upon the advice of the Issuer's Financial Advisor, that the Series 2005 Bonds shall not be subject to any optional or mandatory redemption provisions. The redemption provisions for the Series 2005 Bonds, if any, shall be set forth in the Award Certificate and in the final Official Statement. SECTION 8. FULL BOOK-ENTRY. Notwithstanding the provisions set forth in Section 13 of the Resolution, the Series 2005 Bonds shall be initially issued in the form of a separate single certificated fully registered Series 2005 Bond for each of the maturities of the Series 2005 Bonds. Upon iIitial issuance, the ownership of each such Series 2005 Bond shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of The Depository Trust Company C'DTC"). As long as the Series 2005 Bonds are registered in the name of Cede & Co., all of the Outstanding Series 2005 Bonds shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. As long as the Series 2005 Bonds shall be registered in the name of Cede & Co., all payments of principal on the Series 2005 Bonds shall be made by the Paying Agent by check or draft or by bank wire transfer to Cede & Co., as Holder of the Series 2005 Bonds, upon presentation of the Series 2005 Bonds to be paid, to the Paying Agent. With respect to Series 2005 Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation to any direct or indirect participant in the DTC book-entry program (the "Participants"). Without limiting the immediately preceding sentence, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation with respect to (A) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest on the Series 2005 Bonds, (B) the delivery to any Participant or any other Person other than a Bondholder, as shown in the registration books kept by the Registrar, of any notice with 7 - - - - Agenda Item No. 10A December 1~, 2004 Page 12 of 124 r- respect to the Series 2005 Bonds, including any notice of redemption, or (C) the payment to any Participant or any other Person, other than a Bondholder, as shown in the registration books kept by the Registrar, of any amount with respect to principal of, Redemption Price, if any, or interest on the Series 200S Bonds. The Issuer, the Registrar and the Paying Agent may treat and consider the Person in whose name each Series 2005 Bond is registered in the registration books kept by the Registrar as the Holder and absolute owner of such Bond for the purpose of payment of principal, Redemption Price, if any, and interest with respect to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of, Redemption Price, if any, and interest on the Series 2005 Bonds only to or upon the order of the respective Holders, as shown in the registration books kept by the Registrar, or their respective attorneys duly authorized in writing, as provided herein and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of, Redemption Price, if any, and interest on the Series 2005 Bonds to the extent of the sum or sums so paid. No Person other than a Holder, as shown in the registration books kept by the Registrar, shall receive a certificated Bond evidencing the obligation of the Issuer to make payments of principal, Redemption Price, if any, and interest pursuant to the provisions of the Resolution. Upon delivery by DTC to the Issuer of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in the Resolution with respect to transfers during the 15 days next preceding an Interest Date or first mailing of notice of redemption, the words "Cede & Co." in this Supplemental Resolution shall refer to such new nominee of DTC; and upon receipt of such notice, the Issuer shall promptly deliver a copy of the same to the Registrar and the Paying Agent. Upon (A) receipt by the Issuer of written notice from DTC (i) to the effect that a continuation of the requirement that all of the outstanding Series 2005 Bonds be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, is not in the best interest of the beneficial owners of the Series 2005 Bonds or (ii) to the effect that DTC is unable or unwilling to discharge its responsibilities and no substitute depository willing to undertake the functions of DTC hereunder can be found which is willing and able to undertake such functions upon reasonable and customary tenns, or (B) detennination by the Issuer that such book-entry only system is burdensome or undesirable to the Issuer and compliance by the Issuer with all applicable policies and procedures of DTC regarding discontinuing of the book entry registration system, the Series 200S Bonds shall no longer be restricted to being registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names Holders shall designate, in accordance with the provisions of the Resolution. In such event, the Issuer shall issue and the Registrar shall authenticate, transfer and exchange the Series 2005 Bonds of like principal amount and maturity, in denominations of $5,000 or any integral multiple 8 .' --'-;".---~..'.,- -"---. -- Agenda Item No. -10A December 14, 2004 Page 13 of 124 thereof to the Holders thereof. The foregoing notwithstanding, until such time as participation in the book-entry only system is discontinued, the provisions set forth in the Blanket Issuer Letter of Representations previously executed by the Issuer and delivered to DTC shall apply to the payment of principal of, premium, if any, and interest on the Series 2005 Bonds. SECTION 9. APPLICATION OF SERIES 200S OOND PROCEEDS; USE OF OTHER MONEYS. (A) The proceeds derived from the sale of 1he Series 2005 Bonds shall be applied by the Issuer as follows; (i) A sufficient amount of the Series 2005 Bond proceeds shall be applied to the payment of the premium for the hereinafter described Reserve Account Surety Bond, and to the payment of costs md expenses relating to the issuance of the Series 2005 Bonds, including the premium for the Bond Insurance Policy applicable to the Series 2005 Bonds and described herein. (ii) A sufficient amount of the Series 2005 Bond proceeds shall be deposited to the escrow deposit trust fund established pursuant to the hereinafter described Escrow Deposit Agreement and shall be applied in accordance with the provisions of the Escrow Deposit Agreement to refund the Refunded Bonds. (iii) A sufficient amount of the Series 2005 Bond proceeds shall be paid to the Finance Commission to refinance the outstanding Prior Notes. (iv) The remainder of the proceeds of the Series 2005 Bonds shall be deposited to the Construction Fund and applied to pay the Cost of the Project. (B) The Refunded Bonds will be refunded from a portion of the proceeds of the Series 2005 Bonds and other legally available moneys of the Issuer. Any excess moneys on deposit in the funds and accounts established for the Refunded Bonds under the Resolution shall be transferred to the escrow deposit trust fund established pursuant to the hereinafter described Escrow Deposit Agreement. SECTION 10. PRELIMINARY OFFICIAL STATEMENT. The Issuer hereby authorizes the distribution and use of the Preliminary Official Statement in substantially the fonn attached hereto as Exhibit D in connection with the offering of the Series 2005 Bonds for sale. If between the date hereof and the mailing of the Preliminary Official Statement, it is necessary to make insertions, modifications or changes in the Preliminary Official Statement, the Chair is hereby authorized to approve such insertions, changes and modifications. The Chair is hereby authorized to deem the Preliminary Official Statement "final" within the meaning of Rule 15c2-l2(b)(I) under the Securities Exchange Act of 1934 in the form as mailed. Execution of a certificate by the Chair deeming the Preliminary Official Statement "final" as described above shall be conclusive evidence of the approval of any insertions, changes or modifications. 9 I Agenda Item No.1 OA December14,2004 Page 14 of 124 SECTION 11. OFFICIAL STATEMENT. The form, terms and provisions of the Official Statement relating to the Series 2005 Bonds shall be substantially as set forth in the Preliminary Official Statement and shall include all of the specific financial terms of the Series 2005 Bonds. Subject in all respects to the award of the Series 2005 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale, the Chair is hereby authorized and directed to execute and deliver said Official Statement in the name and on behalf of the Issuer, and thereupon to cause such Official Statement to be delivered to the Underwriters with such changes, amendments, modifications, omissions and additions as may be approved by the Chair. Said Official Statement, including any such changes, amendments, modifications, omissions and additions as approved by the Chair and the infonnation contained therein are hereby authorized to be used in connection with the sale of the Series 2005 Bonds to the public. Execution by the Chair of the Official Statement shall be deemed to be conclusive evidence of approval of such changes. ~ SECTION 12. OFFICIAL NOTICE OF SALE. The fonn of the Official Notice of Sale attached hereto as Exhibit C and the tenns and provisions thereof are hereby authorized and approved. The Chair is hereby authorized to make such changes, insertions and modifications as she shall deem necessary prior to the advertisement of such Official Notice of Sale or a summary thereof. The Chair is hereby authorized to advertise and publish the Official Notice of Sale or a summary thereof at such time as she shall deem necessary and appropriate, upon the advice of the Issuer's Financial Advisor, to accomplish the competitive sale of the Series 2005 Bonds. SECTION 13. AUTHORIZATION TO EXECUTE ESCROW DEPOSIT AGREEMENT. Subject in all respects to the award of the Series 2005 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale, the Issuer hereby authorizes the Chair to execute and the Clerk to attest an Escrow Deposit Agreement (the "Escrow Deposit Agreement") and to deliver the Escrow Deposit Agreement to U.S. Bank National Association, Fort Lauderdale, Florida, which is hereby appointed as escrow agent thereunder (the "Escrow Agent"). All of the provisions of the Escrow Deposit Agreement when executed and delivered by the Issuer as authorized herein and when duly authorized, executed and delivered by the Escrow Agent, shall be deemed to be a part of this supplemental resolution as fully and to the same extent as if incorporated verbatim herein, and the Escrow Deposit Agreement shall be in substantially the fonn attached hereto as Exhibit E, with such changes, amendments, modifications, omissions and additions, including the date of such Escrow Deposit Agreement, as may be approved by the Chair and the Clerk. Execution by the Chair and the Clerk of the Escrow Deposit Agreement shall be deemed to be conclusive evidence of approval of such changes. SECTION 14. APPOINTMENT OF PAYING AGENT AND REGISTRAR. Subject in all respects to the award of the Series 2005 Bonds in 10 Agenda Item No. 10A December 14,2004 Page 15 of 124 accordance with this Supplemental Resolution and the Official Notice of Sale, U.S. Bank National Association, Fort Lauderdale, Florida, is hereby designated Registrar and Paying Agent for the Series 2005 Bonds. The Chair and/or the Clerk are hereby authorized to enter into any agreement which may be necessary to effect the transactions contemplated by this Section 14 and by the Resolution. SECTION IS. MUNICIPAL BOND INSURANCE; RESERVE ACCOUNT SURETY BOND. (A) Subject in all respects to the award of the Series 2005 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale, the Issuer hereby authorizes the payment of the principal of and interest on the Series 2005 Bonds to be insured pursuant to a financial guaranty insurance policy (the "Bond Insurance Policy") insuring the payment when due of the principal of and interest on the Series 2005 Bonds issued by MBIA Insurance Corporation ("MBlA" or the "Insurer"). The Chair and Clerk are hereby authorized to execute such documents and instruments necessary to cause MBIA to insure the Series 2005 Bonds. With respect to the Series 2005 Bonds, MBIA shall be deemed to be an "Insurer" as suc h tenn is used and defined in the Resolution. (B) Subject in all respects to the award of the Series 2005 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale, the Issuer shall deposit to the Reserve Account a surety bond (the "Reserve Account Surety Bond") issued by MBlA guaranteeing certain payments into the Reserve Account with respect to Bonds as provided therein and subject to the limitations therein. The face amount of the Reserve Account Surety Bond, together with any other cash amounts and the face amounts of any other reserve policies or surety bonds on deposit in the Reserve Account, shall equal to the Maximum Bond Service Requirement for all Outstanding Bonds. The Chair is hereby authorized to enter into a Financial Guaranty Agreement substantially in the form attached hereto as Exhibit G (the ''Financial Guaranty Agreement " in order to cause MBIA to issue such Reserve Account Surety Bond The provisions of such Financial Guaranty Agreement, when executed and delivered, shall be incorporated herein by reference and to the extent there are any conflicts between the Financial Guaranty Agreement and the Resolution, the provisions of the Financial Guaranty Agreement shall control. SECTION 16. PROVISIONS RELATING TO BOND INSURANCE POLICY AND RESERVE ACCOUNT SURETY BOND. (A) The commitment from MBIA to issue its Bond Insurance Policy and Reserve Account Surety Bond with respect to the Series 2005 Bonds is hereby approved and authorized and payme nt for the premiums therefor is hereby authorized from proceeds of the Series 2005 Bonds. A statement of insurance is hereby authorized to be printed on or attached to the Series 2005 Bonds for the benefit and information of the holders of the Series 2005 Bonds. (B) Subject in all respects to the award of the Series 2005 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale, so long as the Bond 11 I - -~ - Agenda Item NO.1 OA December 14,2004 Page 16 of 124 Insurance Policy issued by MBIA is in full force and effect and MBIA has not defaulted in its payment obligations under the Bond Insurance Policy, the Issuer agrees to comply with the following provisions: (1) In the event that, on the second business day, and again on the business day, prior to an Interest Date on the Series 2005 Bonds, the Paying Agent has not received sufficient moneys to pay all principal of and interest on the Series 2005 Bonds due on the second following or following, as the case may be, business day, the Paying Agent shall immediately notify MBIA or its designee on the same business day by telephone or telegraph, confIrmed in writing by registered or certifIed mail, of the amount of the defIciency. (2) If the defIciency is made up in whole or in part prior to or on the Interest Date, the Paying Agent shall so notify MBIA or its designee. (3) In addition, if the Paying Agent has notice that any Series 2005 Bondholder has been required to disgorge payments of principal or interest on a Series 2005 Bond to a trustee in bankruptcy or creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes a voidable preference to such Series 2005 Bondholder within the meaning of any applicable bankruptcy laws, then the Paying Agent shall notify MBIA or its designee of such fact by telephone or telegraphic notice, confInned in writing by registered or certified mail. (4) The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to act as attorney-in-fact for Series 2005 Bondholders as follows: (a) If and to the extent there is a defIciency in amounts required to pay interest on the Series 2005 Bonds, the Paying Agent shall (i) execute and deliver to U.S. Bank Trust National Association, or its successors under the Bond Insurance Policy (the "Insurance Paying Agent"), in fonn satisfactory to the Insurance Paying Agent, an instrument appointing MBIA as agent for such Series 200S Bondholders in any legal proceeding related to the payment of such interest and an assignment to MBIA of the claims for interest to which such deficiency relates and which are paid by MBIA, (ii) receive as designee of the respective Series 2005 Bondholders (and not as Paying Agent) in accordance with the tenor of the Bond Insurance Policy payment from the Insurance Paying Agent with respect to the claims for interest so assigned, and (iii) disburse the same to such respective Series 2005 Bondholders; and (b) If and to the extent of a deficiency in amounts required to pay principal of the Series 2005 Bonds, the Paying Agent shall (i) execute and .- 12 _._-~<..~-- Agenda Item No. 10A Decennber14,2004 Page 17 of 124 deliver to the Insurance Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing MBIA as agent for such Series 2005 Bondholder in any legal proceeding relating to the payment of such principal and an assignment to MBIA of any of the Series 2005 Bonds surrendered to the Insurance Paying Agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Paying Agent and available for such payment (but such assignment shall be delivered only if payment from the Insurance Paying Agent is received), (ii) receive as designee of the respective Series 2005 Bondholders (and not as Paying Agent) in accordance with the tenor of the Bond Insurance Policy payment therefor from the Insurance Paying Agent, and (iii) disburse the same to such Series 2005 Bondholders. (5) Payments with respect to claims for interest on and principal of Series 2005 Bonds disbursed by the Paying Agent from proceeds of the Bond Insurance Policy shall not be considered to discharge the obligation of the Issuer with respect to such Series 2005 Bonds, and MBIA shall become the owner of such unpaid Series 2005 Bond and claims for the interest in accordance with the tenor of the assignment made to it under the provisions of this subsection or otherwise. (6) Irrespective of whether any such assignment is executed and delivered, the Issuer and the Paying Agent agree for the benefit of MBIA that: (a) They recognize that to the extent MBIA makes payments, directly or indirectly (as by paying through the Paying Agent), on account of principal of or interest on the Series 2005 Bonds, MBIA will be subrogated to the rights of such Series 2005 Bondholders to receive the amount of such principal and interest from the Issuer, with interest thereon as provided and solely from the sources stated in the Resolution and the Series 2005 Bonds; and (b) They will accordingly pay to MBIA the amount of such principal and interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the Bond Insurance Policy, which principal and interest shall be deemed past due and not to have been paid), with interest thereon as provided in the Resolution and the Series 2005 Bonds, but only from the sources and in the manner provided in the Resolution for the payment of principal of and interest on the Series 2005 Bonds to Series 2005 Bondholders, and will otherwise treat MBIA as the owner of such rights to the amount of such principal and interest. l3 --. -_.. -. -- Agenda Item No.·1 OA Decennber14,2004 Page 18 of 124 ",--. (7) In connection with the issuance of Additional Parity Bonds, the Issuer shall deliver to MBIA a copy of the disclosure document, if any, circulated with respect to such Additional Bonds. (8) Copies of any amendments made to the documents executed in connection with the issuance of the Series 2005 Bonds which are required to be consented to by MBIA shall be sent to Standard & Poor's. Copies of any other amendments not requiring MBIA's consent shall be delivered to MBIA. (9) The Issuer shall provide MBIA with IDtice of the resignation or removal of the Paying Agent and the appointment of a successor thereto. (10) The Issuer shall provide MBIA with copies of all notices required to be delivered to Series 2005 Bondholders under the Resolution and, on an annual basis, copies of the Issuer's audited financial statements and annual budget. (11) Any notice required to be given to or by any party, including, but not limited to, a Series 2005 Bondholder or the Paying Agent, pursuant to the Resolution shall also be provided to MBIA. All notices required to be given to MBIA shall be in writing and shall be sent by registered or certified mail addressed to MBIA Insurance Corporation, 113 King Street, Armonk., New York 10504, Attention: Insured Portfolio Management. (12) The Issuer agrees to reimburse MBIA immediately and unconditionally upon demand, to the extent permitted by law, for all reasonable expenses, including attorneys' fees and expenses, incurred by MBIA in connection with (a) enforcement by MBIA of the Issuer's obligations, or the preservation or defense of any rights of MBIA, under the Resolution and any other document executed in connection with the issuance of the Series 2005 Bonds, and (b) any consent, amendment, waiver or other action with respect to the Resolution or any related document, whether or not granted or approved, together with interest on all such expenses from and including the date incurred to the date of payment of Citibank's prime rate plus 3% or the maximum interest rate pennitted by law, whichever is less. In addition, MBIA reserves the right to charge a fee in connection with its review of any such consent, amendment or waiver, whether or not granted or approved. (13) Except as otherwise provided in this Section 16(B)(13), the Issuer agrees not to use MBIA's name in any public document including, without limitation, a press release or presentation, announcement or forum without MBIA's prior consent. Notwithstanding the immediately preceding sentence, the Issuer may use, refer to and disclose MBIA's name in its ordinary course of business and government activity. Such use, reference or disclosure includes, but is not limited to, publishing MBIA's name in the Issuer's Comprehensive Annual Financial 14 . -,_..,._-~"=._.."'.. Report, any Preliminary or final Official Statement, any continuing disclosure document, or any other document or instrument that is prepared by the Issuer in the ordinary course of its business and government activity. In addition, the Issuer may disclose MBIA's name in accordance with any applicable public records or other laws. In the event that the Issuer is proposing to disclose MBIA's name in any press release, public announcement or other public document outside of its ordinary course of business and governmental activity, the Issuer shall provide MBIA with at least three (3) business days' prior written notice of its intent to use MBIA's name together with a copy of the proposed use of MBIA's name and of any description of a transaction with MBIA and shall obtain MBIA's prior consent as to the form and substance of the proposed use of MBIA's name and any such description. ( 14) The Issuer shall not enter into any agreement nor shall it consent to or participate in any arrangement pursuant to which Series 2005 Bonds are tendered or purchased for any purpose other than the redemption and cancellation or legal defeasance of such Series 2005 Bonds without the prior written consent of MBIA. (15) The Resolution may not be terminated until all amounts owed to MBIA under the terms of the Financial Guaranty Agreement have been satisfied. (16) There may be no optional redemption of the Series 2005 Bonds or distribution of funds to the Issuer unless all amounts owed to MBIA under the terms of the Financial Guaranty Agreement have been paid in full. (17) Notwithstanding any other provision of the Resolution to the contrary, it shall be considered an event of default under the Resolution if any of the foregoing occurs and is 20ntinuing: (a) the Issuer fails to pay principal or interest on the Series 2005 Bonds when due; (b) the Issuer fails to observe any other covenant or condition of the Resolution and such failure continues for 30 days; provided, however, if such failure cannot reasonably be cured within 30 days and the Issuer is diligently taking action to cure the failure, then it shall not be considered a default under the Resolution unless such failure continues for 90 days; or c) the Issuer files for bankruptcy. (18) MBIA. actin~ alone. shall have the ri~ht to direct all remedies with reSDect to the Series 2004 Bonds in the event of a defl;\ult. MBIA shall be reco~nized as the re~istered owner of each Series 2004 Bond which it insures for 15 the Durooses of exercisin£!: all ri£!:hts and Drivile£!:es availaQle to Series 2004 Bondholders. For Series 2004 Bonds which it insures. MBIA shall have the ri¡;¡:ht to institute anv suit. action. or Droceedinlz at law or in eQuity under the same terms as a Series 2004 Bondholder in a,ccQrdance with aUDlicable Drovisions of the Resolution. Other than the standard redemption provisions set forth in the Resolution, any acceleration of principal payments on the Series 2005 Bonds shall be subject to MBIA's prior written consent. SECTION 17. SECONDARY MARKET DISCLOSURE. Subject in all respects to the award of the Series 2005 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale, the Issuer hereby covenants and agrees that, in order to provide for compliance by the Issuer with the secondary market disclosure requirements of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate to be executed by the Issuer and dated the date of delivery of the Series 2005 Bonds, as it may be amended from time to time in accordance with the tenns thereof. The Continuing Disclosure Certificate shall be substantially in the fonn attached hereto as Exhibit F with such changes, amendments, modifications, omissions and additions as shall be approved by the Chair who is hereby authorized to execute and deliver such Certificate. Notwithstanding any other provision of the Resolution, failure of the Issuer to comply with such Continuing Disclosure Certificate shall not be considered an event of default under the Resolution; provided, however, any Series 2005 Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific perfonnance by court order, to cause the Issuer to comply with its obligations under this Section 17 and the Continuing Disclosure Certificate. For purposes of this Section 17, "Series 2005 Bondholder" shall mean any person who (A) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2005 Bonds (including--persons holding Series 2005 Bonds through nominees, depositories or other intermediaries), or (B) is treated as the owner of any Series 2005 Bonds for federal income tax purposes. SECTION 18. GENERAL AUTHORITY. The members of the Board, the Clerk and the officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Supplemental Resolution, the Resolution, the Series 2005 Bonds, the Official Statement, the Continuing Disclosure Certificate, the Financial Guaranty Agreement or the Escrow Deposit Agreement or desirable or consistent with the requirements hereof or the Resolution, the Series 2005 Bonds, the Official Statement, the Continuing Disclosure Certificate, the Financial Guaranty Agreement or the Escrow Deposit Agreement for the full punctual and complete perfonnance of all the tenns, covenants and agreements contained herein or in the Series 2005 Bonds, the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Financial Guaranty Agreement and the Escrow Deposit Agreement and each member, employee, attorney and officer of the Issuer or the Board and the Clerk is 16 Agenda Item No.1 OA December 14, 2004 Page 21 of 124 SECTION 19. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Series 2005 Bonds. SECTION 20. RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Resolution and all the terms and provisions thereof are and shall remain in full force and effect. SECTION 21. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately upon its adoption. DULY ADOPTED, in Regular Session this 14th day of December, 2004. COLLIER COUNTY, FLORIDA (SEAL) By: Chair ATTEST: Clerk Approved as to Fonn and Legal Sufficiency: County Attorney 17 Agenda Item No. 10A December 14, 2004 Page 22 of 124 EXHIBIT A GENERAL DESCRIPTION OF THE PROJECT The Project generally includes the following, as more particularly described in the plans and specifications on file with the Issuer, and as the same may be amended or supplemented from time to time: · Acquisition and construction of the North Naples Regional Park · Acquisition, construction and equipping of the County's Courthouse Annex Phase I · Acquisition, construction and equipping of the Courthouse Annex Parking Garage · Acquisition, construction and equipping of the County's Emergency Operations Center ,..- · Acquisition, construction and equipping of the County's Fleet Facility GENERAL DESCRIPTION OF THE PRIOR PROJECTS The Prior Projects generally includes the following, as more particularly described in the plans and specifications on file with the Issuer: · Acquisition of approximately 50 acres of real property located in the northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway and commonly known as the Fleishman property. · Acquisition of a certain building and property located at 2885 South Horseshoe Drive, Naples, Florida, commonly referred to as the Arthrex Building Agenda Item No.1 OA December 14,2004 Page 23 of 124 REPORT REQUIRED BY SECTION 191(1) OF THE RESOLUTION r.?-^ ~6:~{. '",,~~, ,,;, ~':»~~~~~~;,I ,."'1~!1f'''··-" ~\'" :<~~t,~~;,~~fff:¡'''fN .. J, 1" HÞj;,,"ll ,,'~~rH~' 1':','<- I ,r¡'-¡}ry" ,1~ ,;,)1,1' í"¡õ"\ I. ~ii1~: ,~\ l~:t. - ~ ¡'w.:,,¡< (1'1;:1.. , ; ~ 'ii' "1' J~' . ! I,,, 11' 1 ~ '''! ~~~(r''~t" ~r;¡~~~f.'~~}r""I{L ~r~;{~!i''~~r', t~\''''.-a'~i} i,¡l!'-.¡".'1{'~¡( on ~ J¡ ,i.a: ~1 ~~" ~1 ,,1.. ,,~¡ "f¡, ¡' , )1.'1 j,: ;"~:'~lJ':: r't ¡:,), ,t'U.,:t; ~~~,.:.~ ~":r;2,,£ _..i'):.~ ':;L~ ~;u ~. ..... ,A, J,,".J.J.;:Jf.~~!t_~~W r, I I., ~- ;,)~ 'H: '..~¡,.z\':ftJ. ~,r I ..".: 'L'" A:" 1;)\::', ¡' "j... New Money North Naples Regional Park $ 66,608,771 $ 43,000,000 Spring 06 $ 800,000 1st Year 1,500,000 Future Years Courthouse Annex Parking Garage 19,131,783 18,232,000 Feb-06 n/a Courthouse Annex (Phase 1) 23,625,815 22,844,000 Aug-06 n/a Emergency Operations Center 45,851,000 40,156,000 Ju1-06 n/a Fleet Facility 10,170,000 9,570,000 Oct-06 n/a Fleischman Property Acquisition 20,300,000 15,555,000 Mar-04 n/a Arthrex Building Acquisition 6,309,000 5,990,000 Aug-04 nla Total New Money $ 155,347,000 Agenda Item No. 10A December 14, 2004 Page 24 of 124 r-- EXHIBIT C FORM OF OFFICIAL NOTICE OF SALE ~. .- Agenda Item No. 10A I Decennber14,2004 Page 25 of 124 . OFFICIAL NOTICE OF SALE $160,165,000* Collier County, Florida Capital Improvement Revenue and Refunding Bonds, Series 2005 Electronic Bids, as Described Herein Will Be Accepted Until 10:00 a.m., Eastern Daylight Savings Time, January 11,2005* Collier Co"nry - Capital Improvement Revenue Bonds - NOS Page 1 ... Preliminary, subject to change. I -...-- -..... - - Agenda Item NO.1 OA December 14,2004 Page 26 of 124 OFFICIAL NOTICE OF SALE $160,165,000* Collier County, Florida Capital Improvement Revenue and Refunding Bonds, Series 2005 NOTICE IS HEREBY GIVEN that electronic bids will be received in the manner, on the date and up to the time specified below: DATE: TIME: ELECTRONIC BIDS: Tuesday, January 11,2005* 10:00 A.M. Eastern Daylight Savings Time· May be submitted only through BidcomplParity Competitive Bidding System ("PARiTY") as described below. No other form of bid or provider of electronic bidding services will be accepted. - GENERAL Bids will be received for the purchase of all, but not less than all, of the $160,165,000· Capital Improvement Revenue and Refunding Bonds, Series 2005 (the "Bonds') to be issued by Collier County, Florida (the "County') pursuant to the terms and conditions of a resolution adopted by the Board of County Commissioners of the County (the "Board") on , 2005 (the ''Bond Resolution'). The Bond proceeds will be used to current refund the Capital Improvement Refunding Revenue Bonds, Series 1994, to fimd the North Naples regional Park, the Courthouse Annex Parking Garage and Phase 1, Emergency Operations Center and Fleet Facility projects, to refund tœ County's Revenue Note draws form the Florida Association of Counties Commercial Paper Program, and to fund all or a portion of issuance expenses incurred with this issuance. The Bonds are more particularly described in the Preliminary Official Statement dated January _, 2005 (the "Preliminary Official Statement'') relating to the Bonds, available at I-deal's website, www.i-dea/prospectus.com.This Official Notice of Sale contains certain information for quick reference only. It is not, and is not intended to be, a summary of the Bonds. Each bidder is required to read the entire Preliminary Official Statement to obtain information essential to making an informed investment decision. Prior to accepting bids, the County reserves the right to change the princ ipal amount of the Bonds being offered and the terms of the Bonds, to postpone the sale. to a later date or time, or cancel the sale. Notice of a change or cancellation will be announced via The Bond Buyer news service at the internet website address www.tm3.com not later than Noon, Eastern Daylight Savings Time, on the day preceding the bid opening or as soon as practicable. Such notice will specify the revised principal amount or terms, if any, and any later date or time selected for the sale, which may be postponed or cancelled in the same manner. If the sale is postponed, a later public sale may be held at the hour, in the manner, and on such date as communicated upon at least twenty-four (24) hours notice via The Bond Buyer news service at the internet website address www.tm3.com. The County reserves the right, after the bids are opened, to adjust the principal amount of the Bonds, as further described herein. See "ADJUSTMENT OF AMOUNTS AND MATURITIES." · Preliminary, subject to change. - Col1ier County - Capital Improvement RevenueBonds - NOS Pare 2 Agenda Item No. 10A December 14, 2004 Page 27 of 124 To the extent any instructions or directions set forth in P ARlTY conflict with this Official Notice of Sale, the tenns of this Official Notice of Sale shall control. For further information about PARITY and to subscribe in advance of the bid, potential bidders may contact P ARlTY at (212) 404-8102. Each prospective electronic bidder must be a subscriber to PARITY. Each qualified prospective electronic bidder shall be solely responsible to make necessary arrangements to view the bid fonn on P ARJTY and to access PARITY for the purposes of submitting its bid in a timely manner and in compliance with the requirements of the Official Notice of Sale. Neither the County nor P ARlTY shall have any duty or obligation to provide or assure access to P ARlIT to any prospective bidder, and neither the County nor P ARlTY shall be responsible for a bidder's failure to register to bid or for proper operation of; or have any liability for any delays or interruptions of, or any damages caused by, PARiTY. The County is using PARITY as a communication mechanism, and not as the County's agent, to conduct the electronic bidding for the Bonds. The County is not bound by any advice and detennination of P ARlTY to the effect that any particular bid complies with the terms of this Official Notice of Sale and, in particular, the bid specifications hereinafter set forth. All costs and expenses incurred by prospective bidders in connection with their registration and submission of bids via PARITY are the sole responsibility of such biiders and the County shall not be responsible, directly or indirectly, for any such costs or expenses. If a prospective bidder encounters any difficulty in submitting, modifying or withdrawing a bid for the Bonds, the prospective bidder should immediately telephone PARITY at 212-404-8102 and notify the Count)'s Financial Advisor, Public Financial Management, Inc., at 239-939-3009. The County shall have no responsibility for technological or transmission errors that any bidder may experience in transmitting a bid. THE BONDS The Bonds will be issued in fully registered, book-entry only fonn, without coupons, will be dated as of their date of delivery (currently anticipated to be February 2, 2005), will be issued in denominations of $5,000 or integral multiples thereof, will bear interest from their dated date until paid at the annual rate or rates specified by the successful bidder, subject to the limitations specified below, payable as shown on the Summary Table. Interest will be computed on the basis of a 360-day year of twelve 30- day months. The Bonds must meet the minimum and maximum coupon and reoffering price criteria shown in the Summary Table on a maturity and aggregate basis. . The Bonds will mature on the month and day, in the years and principal amount s shown on the Summary Table as serial bonds. STRUCTURE Any two to four consecutive maturities of the Series 2005 Bonds maturing on or after October 1,2015 bearing interest at the same rate may be combined into up to four term bonds with mandatory sinking fund installments equal to the amounts specified in the Official Notice of Sale for the years combined to fonn a tenn bond. CoIJiu County - Cllpllill Improvemønt Revenue Bonds - NOS PageJ ---.- /,.-, Summary Table* Agenda Item No. 10A December 14, 2004 Page 28 of 124 Ifnumerical or date references contained in the body ofthis Official Notice of Sale conflict with this Summary Table, the body of this Official Notice of Sale shall control. Consult the body of this Official Notice of Sale for a detailed explanation of the items contained in the Summary Table, including interpretation of such items and methodologies used to determine such items. Prospective purchasers of the bonds must read the entire official notice of sale. Terms of the Bonds Dated Date Anticipated Delivery Date Interest Payment Dates Principal Payment Dates (October I): Yar Principal Amount· 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 .- Interest Calculation Ratings: Biddin2 Parameters Sale Date Bidding Method All or none vs. Maturity-by Maturity Bid Award Method Bid Confirmation Bid Award Good Faith Deposit Coupon Multiples Maxill1lm Coupon Minimum Coupon Optional Redemption Term Bonds Maximum Reoffering Price: Minimum Reoffering Price: Insurance Adiustment Parameters Principal Increases: Principal Reductions: .Y= 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Moody's s&P Fitch Maturity Aggregate Maturity Aggregate Maturity Aggregate Maturity Aggregate Date of Delivery February 2, 200S· April I and October I, commencing April 1, 200S Principal Amount· Ya&: Principal Amount· 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 360·day year of twelve 3<klay months Al AA· AA- CoUkr County - Capital Improvement RevenueBonds - NOS January 11, 200S· PARITY All-o r·none Lowest true interest cost Fax signed Official Conftrmation of Bid Form As soon as practicable on day of sale $1,600,000; Surety bond required prior to bid 1/8 or 1/20 of 1% 5.50"A. None Yes, 10 year par call is described herein. Yes, at bidder's option as described herein. Unlimited Unlimited 98.0"A. 99.0% Yes, all maturities, by premium to be paid by the County (As required to optimize refunding savings and fund projects) Unlimited Unlimited Unlimited Unlimited - Pøge " ------- Agenda Item No. 10A December 14,2004 Page 29 of 124 REDEMPTION The Series 2005 Bonds maturing prior to October 1, 2015 are not subject to optional redemption prior to maturity. The Series 2005 Bonds maturing on or after October I, 2015 are subject to redemption prior to their respective maturities, at the option of the County on or after October 1, 2015, as a whole or in part at any time, and if in part, by maturities to be selected by the County and by lot within a maturity if less than a full maturity, at a redemption price equal to 100% of the principal amount of the Series 2005 Bonds to be redeemed plus accrued interest to the date fixed &0 redemption. SECURITY Payment of the principal of and interest on the Bonds will be secured by sales tax revenue received by the County &om the Local Government Half Cent Sales tax collected by the State of Florida on parity with unrefunded portion of the Series 1994 Bonds, Capital Improvement Revenue Bonds, Series 2002, and the Capital Improvemert Bonds, Series 2003. ADJUSTMENT OF AMOUNT AND MATURITIES The aggregate principal amount of each maturity of Bonds is subject to adjustment by the County after the receipt and opening of the bids for their purchase. Changes to be made after the opening of the bids will be communicated to the successful bidder directly prior to 8:00 a.m., Eastern Daylight Savings Time on the date following the sale date. The County may cancel the sale of the Bonds or adjust the aggregate principal amount. The County may iœrease or decrease the principal amount of the Bonds or any maturity thereof by no more than the individual maturity or aggregate principal percentages, if any, shown in the Summary Table. The County will consult with the successful bidder before adjusting the amount of any maturity of the Bonds or canceling the Bonds; however, the County reserves the sole right to make adjustments, within the limits described above, or cancel the sale of the Bonds. Adjustment to the size of the Bonds within the limits described above does not relieve the purchaser &om its obligation to purchase all of the Bonds offered by the County. Each bid must specify the initial reoffering prices to the public of each maturity of Bonds. Adjustments may be made to the principal amounts based on the reoffering prices shown on P ARlTY. In determining whether there wiH be any revision to the principal amount of or maturity of the Bonds subsequent to the bid opening and award, the County expects that changes may be made that are necessary t> increase or decrease the principal amount of the Bonds to meet the County's project funding objectives, all subject to the limitations set forth above. In the event that the principal amount of any maturity of the Bonds is revised after the award, the interest rate and reoffering price for each maturity and the Underwriter's Discount on the Bonds as submitted by the successful bidder shaU be held constant. The "Underwriter's Discount" shaH be defmed as the difference between the purchase price of the Ibnds submitted by tœ bidder and the price at which the Bonds will be issued to the public, calculated fom information provided by the bidder, divided by the par amount of the Bonds bid. FORM AND PAYMENT The Bonds will. be issued in fully registered, book-entry only form and a bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York Collier County - CapitallmprovemenJ RevurueBonds - NOS Ptlfe 5 Agenda Item No.1 OA December 14, 2004 Page 30 of 124 I I I l- ("DTC''), registered in the name of its nominee, Cede & Co. A book-entry system will be employed, evidencing ownership of the Bonds, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures adopted by DTC and its participants. The successful bidder, as a condition to delivery of the Bonds, will be required to deposit the Bond certificates with DTC or the Registrar (as defmed below), registered in the name of Cede & Co. Principal of, premium, if any, and interest on the Bonds will be payable by US Bank, the paying agent and registrar (the "Registrar") for the Bonds by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds. Transfer of principal, premium, if any, and interest payments to the beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. Neither the County nor the Registrar will be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. Principal of, and premium, if any, on the Bonds will be payable on surrender thereof at the principal office of the Registrar on the month and day, in the years and amounts established in accordance with the award of the Bonds. Interest on the Bonds is payable on the dates shown in the Summary Table. The Registrar will mail interest payments on the Bonds on each interest payment date to the owners of the Bonds at the addresses listed on the registration books maintained by the Registrar for such purpose on the fifteenth day of the calendar month prior to payment, as described in the Bond Resolution. So long as DTC or its nominee is the registered owner of the Bonds, payments of principal, interest and any redemption premium on the Bonds will be made to DTC or its nominee. PRELIMINARY OFFICIAL STATEMENT AND FINAL OFFICIAL STATEMENT The County has authorized the preparation and electronic distribution of a Preliminary Official Statement containing inforrmtion relating to the Bonds. The Preliminary Official Statement has been deemed final by the County as required by Rule 15c2-12 of the Securities and Exchange Commission. The County will furnish the successful bidder on the date of closing, with its certificate as to the completeness and accuracy of the Official Statement. The Preliminary Official Statement, this Official Notice of Sale and the Official Confinnation of Bid Fonn and any other infonnation concerning the proposed financing will be available eJectronically at I-Dears website, www.i-dealprospectus.com Assistance in obtaining the documents will be provided by I-Deal customer service at 212-404-8102 or from Public Financial Management, Inc., Financ ial Advisor to the County, 13350 Metro Parkway, Suite 302, Fort Myers, FL 33912, 239-939- 3009,239-939-1220 fax, sheltonl@publicfm.com. The Preliminary Official Statement, when amended to reflect the actual amount of the Bonds sold, the interest rates specified by the successful bidder and the price or yield at which the successful bidder will reoffer the Bonds to the public, together with any other infonnation required by law, will constitute a fmal "Official Statement" with respect to the Bonds as that tenn is defmed in Rule 15c2-12. No more than seven business days after the date of the sale, the County will provide without cost to the respective successful bidder up to 200 copies of the Official Statement. If the Bonds are awarded to a syndicate, the County will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. Any underwriter submitting a bid with respect to the Bonds agrees thereby that if its bid is accepted, it shall accept such designation and CoUJ., CØllnIJI- Caplløllmprovement Revenue Bomb - NOS Pille 6 Agenda Item No.1 OA Decennber14,2004 Page 31 of 124 shall enter into a contractual relationship with all participating underwriters for the purpose of assuring the receipt and distribution by each participating underwriter of the Official Statement. LEGAL OPINIONS The Bonds will be sold subject to the opinion of Nabors, Giblin & Nickerson, P.A., the County's Bond Counsel, as to the legality thereof and such opinion will be furnished without cost to the purchaser and all bids will be so conditioned. A form of Bond Counsel's opinion is attached to the Preliminary Official Statement as Appendix _. Certain matters will be passed on for the County by David C. Weigel, County Attorney. A legal opinion (or reliance letter thereon) of Bryant Miller & Olive P.A., Tampa, Florida, Disclosure Counsel, and a legal opinion of David C. Weigel, County Attorney, with respect to certain matters concerning the Official Statement will be furnished without charge to the successful bidder at the time of delivery of the Bonds. BIDDING PROCEDURE; OFFICIAL BID FORMS Only electronic bids submitted via PARITY will be accepted. No other provider of electronic bidding services will be accepted. No bid delivered in person or by facsimile directly to the County will be accepted. Bidders are permitted to submit bids for the Bonds during the bidding time period, provided they are eligible to bid as described under "GENERAL" above. Each electronic bid submitted via PARITY shall be deemed an irrevocable offer in response to this Official Notice of Sale and shall be binding upon the bidder as if made by a signed, sealed bid delivered to the County. All bids remain firm until an award is made. The successful bidder must confirm the details of such bid by a signed Official Confirmation of Bid Form delivered by fax to Public Financial Management, Inc. at 239-939-1220 no later than one hour after being notified by the County of being the winning bidder, the original of which must be received by Public Financial Management, Inc., Financial Advisor to the County on the following business day at 13350 Metro Parkway, Suite 302, Fort Myers, FL 33912. Failure to deliver does not relieve the bidder of the obligation to purchase the Bonds. FORM OF BID Bidders must bid to purchase all maturities of the Bonds. Each bid must specify (1) an annual rate of interest for each maturity, (2) reoffering price or yield for each maturity and (3) a dollar purchase price for the entire issue of the Bonds. No more than one (1) bid from any bidder will be considered. A bidder must specify the rate or rates of interest per annum (with no more than one rate of interest per maturity), which the Bonds are to bear, to be expressed in multiples of 1/8 or 1120 of I %. Any number of interest rates may be named, but the Bonds of each maturity must bear interest at the same single rate for all bonds of that maturity. Each bid for the Bonds must meet the minimum and maximum coupon criteria and minimum and maximum reoffering price criteria shown in the Summary Table on a maturity and aggregate basis. Each bidder must specify, as part of its bid, the prices or yields at which a substantial amount (i.e., at least 10%) of the Bonds of each maturity will be offered and sold to the public. Reoffering prices presented as a part of the bids will not be used in computing the bidder's true OJUier OJunty - Capitlll Improvement Revenue Bonds - NOS Page 7 I Agenda Item No. 10A Decernber14,2004 Page 32 of 124 interest cost. As promptly as reasonably possible after bids are received, the County will notify the successful bidder that it is the apparent winner. MUNICIPAL BOND INSURANCE The County has received a commitment fÌ'om of its intent to issue a municipal bond insurance policy insuring payment of principal and interest on the Bonds, when due. The cost of municipal bond insurance will be paid by the County. Information regarding the bond insurance commitment may be obtained fÌ'om the Public Financial Management, Inc., Financial Advisor to the County, 13350 Metro Parkway, Suite 302, Fort Myers, FL 33912, 239-939-3009, shelton@publicfm.com /- AWARD OF BID The County expects to award the Bonds to the winning bidder as soon as practicable after the bids are opened on the sale date. Bids may not be withdrawn prior to the award. Unless all bids are rejected, the Bonds will be awarded by the County on the sale date to the bidder whose bid complies with this Official Notice of Sale and results in the lowest True Interest Cost ("TIC') to the County. The lowest TIC will be determined by doubling the semi-annual interest rate, compounded semi-annually, necessary to discount the debt service payments from the payment dates to the dated date of the Bonds and to the aggregate purchase price of the Bonds. If two or more responsible bidders offer to purchase the Bonds at the same lowest TIC, the County will award the Bonds to one of such bidders by lot. Only the fmal bid submitted by any bidder through P ARlTY will be considered. The right reserved to the County shall be fInal and binding upon all bidders with respect to the form and adequacy of any proposal received and as in its confonnityto the tenns of this Official Notice of Sale. RIGHT OF REJECTION The County reserves the right, in its discretion, to reject any and all bids and to waive irregularity or informality in any bid. DELIVERY AND PAYMENT Delivery of the Bonds will be made by the County to DTC in book-entry only form, in New York, New York on or about the delivery date shown in the Summary Table, or such other date agreed upon by the County and the successful bidder. Payment for the Bonds must be made in Federal Funds or other funds immediately available to the County at the time of delivery of the Bonds. Any expenses incurred in providing immediate funds, whether by transfer of Federal Funds or otherwise, will be borne by the purchaser. The County intends to conduct the closing in Naples, Florida. RIGHT OF CANCELLATION The successful bidder will have the right, at its option, to cancel its obligation to purchase the Bonds if the Registrar fails to authenticate the Bonds and tender the same for delivery within 60 days fÌ'om the date of sale thereof, and in such event the successful bidder will be entitled to the return of the Good Faith Deposit accompanying its bid. GOOD FAITH DEPOSIT Each bid for the purchase of the Bonds must be accompanied by a financial surety bond which guarantees payment to the County of the Good Faith Deposit amount shown in the -- Collier COIInty - CapltIII Improvement RevelUle Bonds - NOS PøgeB Agenda Item No.1 OA December 14, 2004 Page 33 of 124 Summary Table to secure the County against any loss resulting ftom a failure of the successful bidder to take up and pay for the Bonds in accordance with the terms of this Official Notice of Sale and of their bids. Each financial surety bond must be ftom an insurance company acceptable to the County and licensed to issue such a bond in the State of Florida. Each financial surety bond must be submitted to Public Financial Management, Inc., Financial Advisor to the County, 13350 Metro Parkway, Suite 302, Fort Myers, FL 33912, or by facsimile to 239-939-1220, prior to the time bids are required to be submitted and must be in form and substance acceptable to the County. Each fmancial surety bond must identify each bidder whose deposit is guaranteed by such financial surety bond. The successful bidder for the Bonds is required to submit its Good Faith Deposit to the County in the form of a wire transfer in federal funds not later than 12:30 p.m., Eastern Daylight Savings Time, on the next business day following the award. If such deposit is not received by that time, the relevant fmancial surety bond will be drawn upon by the County to satisfy the deposit requirement. The Good Faith Deposit so wired will be retained by the County until the delivery of such Bonds, at which time the good faith deposit will be applied against the purchase price of such Bonds or the good faith deposit will be retained by the County as partial liquidated damages in the event of the failure of the successful bidder to take up and pay for such Bonds in compliance with the terms of the Official Notice of Sale and of its bid. The County will pay no interest on the good faith deposit. The bala nce of the purchase price must be wired in federal funds to the account detailed in the closing memorandum provided by the County to the successful purchaser, simultaneously with delivery of such Bonds. CUSIP NUMBERS It is anticipated that CUSIP numbers will be printed on the Bonds, but neither failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for the Bonds. Bond Counsel will not review or express any opinion as to the correctness of such CUSIP numbers. The policies of the CUSIP Service Bureau will govern the assignment of specific numbers to the Bonds. The successful bidder will be responsible for applying for and obtaining CUSIP numbers for the Bonds. All expenses in relation to the printing of CUSIP numbers on the Bonds will be paid for by the County; provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers will be the responsibility of and will be paid for by the successful bidder. BLUE SKY The County has not undertaken to register the Bonds under the securities laws of any state, nor investigated the eligibility of any institution or person to purchaser or participate in the underwriting of the Bonds under any applicable legal investment, insurance, banking or other laws. By submitting a bid for the Bonds, the successful bidder represents that the sale of the Bonds in states other than Florida will be made only under exemptions ftom registration or, wherever necessary, the successful bidder will register the Bonds in accordance with the securities laws of the state in which the Bonds are offered or sold. The County agrees to cooperate with the successful bidder, at the bidder's written request am expense, in registering the Bonds or obtaining an exemption ftom registration in any state where such action is necessary; provided, however, that the County shall not be required to consent to suit or to service of process in any jurisdiction. Collie Cou1U)l- Capital Improvement Revenu e Bonds - NOS Pøge9 Agenda Item No.1 OA Decen1ber14,2004 Page 34 of 124 DISCLOSURE OBLIGATIONS OF THE PURCHASER Section 218.38(1)(b)(2), Florida Statutes, requires that the successful purchaser file a statement with the County containing information with respect to any fee, bonus or gratuity paid, in connection with the Bonds, by any underwriter or financial consultant to any person not regularly employed or engaged by such underwriter or consultant. Receipt of such statement is a condition precedent to the delivery of the Bonds to such successful bidder. The winning bidder must (1) con:plete the Trutb-in-Bonding Statement provided by Bond Counsel (the form of which is attached hereto as Exhibit A) and (2) indicate whether such bidder has paid any fmder's fee to any person in connection with the sale of the Bonds in accordance with Sectbn 218.386, Florida Statutes. The successful purchaser will be required to submit to the County prior to closing a certification to the effect that (i) all of the Bonds have been subject of a bona fide initial offering to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices no higher than those shown on the cover of the Official Statement relating to the Bonds, (ii) to the best of their knowledge, and based on their records and other information available to them which they believe to be correct, at least 10 percent of each maturity of the Bonds were sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at initial offering prices not greater than or yields not lower than the respective prices or yields shown on the cover of the Official Statement, and (Hi) at the time they agreed to purchase the Bonds, based upon their assessment ofthe then prevailing market conditions, they had no reason to believe any of the Bonds would be sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices greater than or yields no lower than the respective prices or yields shown on the cover of the Official Statement. .- CONTINUING DISCLOSURE The County has covenanted to provide ongoing disclosure in accordance with Rule ISc2- 12 of the Securities and Exchange Commission. The specific nature of the information to be contained in the Annual Report and the notices of material events are set forth in the Continuing Disclosure Certificate which is reproduced in its entirety in Appendix _ attached to the Preliminary Official Statement for the Bonds. The covenants have been undertaken by the County in order to assist the successful purchaser in complying with clause (bXS) of Rule ISc2- 12 of the Securities and Exchange Commission. CERTIFICATE The County will deliver to the purchaser of the Bonds a certificate of an official of the County, dated the date of delivery of said Bonds, stating that as of the date thereof: to the best of the knowledge and belief of said official, the Official Statement does not contain an untrue statement of a material fact or omit to state any material fact necessary in order to make the statement made, in light of the circumstances under which they were made, not misleading, and further certifying that the signatory knows of no material adverse change in the fmancial condition of the County. COLLIER COUNTY, FLORIDA By: Chair, Board of County Commissioners of Collier County, Florida Dated: January _, 2005 CoUler County - Cøpitøllmprovenwu RevÐlu,Bonds - NOS PageJO Agenda Item No.1 OA Decennber14,2004 Page 35 of 124 EXlDBIT A TRUTH-IN-BONDING STATEMENT January _, 2005 Board of County Commissioners CoHier County, Florida Re: $160,165,000 Collier County, Florida Capital Improvement Revenue and Refunding Bonds, Series 2005 Dear Commissioners: The purpose of the following two paragraphs is to furnish, pursuant to the provisions of Sections 218.385(2) and (3), Florida Statutes, as amended, the troth-in-bonding statement required thereby, as follows: (a) The County is proposing to issue $ principal amount of the above- referenced Bonds for the principal puposes of (i) to current refund the Capital Improvement Refunding Revenue Bonds, Series 1994, (ii) to fund the North Naples Regional Park, the Courthouse Annex Parking Garage, the Courthouse Annex Phase 1, Emergency Operations Center and Fleet Facility projects, (iii) to refund the County's Revenue Note draws from the Florida Association of Counties Commercial Paper Program for land acquisitions of the Fleischman property and Athrex Building by the Conservation Collier Program, and such other projects approved by the Board of County Commissioners and (iv) to fund all or portion of issuance expenses incurred with this issuance. This obligation is expected to be repaid over a period of approximately _ years. At a true interest cost of %, total interest paid over the life of the obligation will be approximately $ (b) The Bonds are limited obligations of the County. The source of repayment or security for the Bonds is the sales tax revenue received by the County (as described in the Official Statement for the Bonds). Authorizing this debt will result in approximately $ (representing the average annual debt service with respect to the Bonds) of such moneys being used to pay debt service on the Bonds each year for _ years. The foregoing is provided for infonnation purposes only and shall not affect or control the actual terms and conditions of the Bonds. Very truly yours, Underwriter By: Authorized Signatory CoUhr county - Capital Improvement Rev",ue Bonds - NOS Page 11 Agenda Item No.1 OA Decernber14,2004 Page 36 of 124 OFFICIAL CONFIRMATION OF BID FORM $160,165,000* Collier County, F10rida Capital Improvement Revenue and Refunding Bonds, Series 2005 The undersigned hereby offer to purchase all of the Collier County, Florida Capital Improvement Revenue and Refunding Bonds, Series 2005, to be dated as of the date of delivery (expected to be February 2, 2005), described in the attached Official Notice of Sale and the Preliminary Official Statement referred to therein, which by reference is made part of this bid, for all but not less than all of said Series 2005 Bonds and will pay therefor, at the time of delivery, in immediately available Federal Reserve Funds Dollars ($ ), bearing interest at the following rates per annum: ~-,,- Year Principal Interest Reofl'ering (October 1) Amount Rate Price or Yield 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Coll/ø COllIII}' - Capital Improvement RevmueBonds - NOS Pagel2 _..>-~-~..,-- Agenda Item No. 10A December 14,2004 Page 37 of 124 2035 I I I OFFICIAL CONFIRMATION OF BID FORM - continued Any two to four consecutive maturities of the Series 2005 Bonds maturing on or after October 1,2015 bearing interest at the same rate may be combined into up to four term bonds with mandatory sinking fund installments equal to the amounts specified in the Official Notice of Sale for the years combined to fo rm a term bond. The principal installments for the Series 2005 Bonds indicated on the pervious page shall be applied for the mandatory retirement of up to four Term Bonds maturing in the years and amounts and bearing interest as follows: $ Term Bonds maturing on October 1, _at_% per annum to yield _% per annum $ Term Bonds maturing on October 1, _at _% per annum to yield _% per annum $ Term Bonds maturing on October 1, _at _% per annum to yield _% per annum $ Term Bonds maturing on October 1, _at _% per annum to yield _% per annum GOOD FAITH DEPOSIT In accordance with the attached Official Notice of Sale, we are the authorized principal of a Financial Surety Bond in the amount of Three Hundred Fifty Thousand Dollars ($350,000) with respect to this bid as described in the attached Official Notice of Sale. This proposal is not subject to any conditions not expressly stated herein or in the attached Official Notice of Sale. Receipt of the Preliminary Official Statement relating to the Series 2005 Bonds is hereby acknowledged. The names of the underwriters or member of the account or joint bidding account, if any, who are associated for the purpose of this Proposal are listed either below or on a separate sheet attached hereto. CoIJhr COIInJy - Cøpibú ImprovllnIent Revenu~ Bmrdl - NOS Pøg~1J Agendå Item No.1 OA December 14, 2004 Page 38 of 124 TRUTH IN BONDING STATEMENT The successful bidder must complete, sign and deliver with this Official Confmnation of Bid Fonn the Truth in Bonding Statement which is attached to the Official Notice of Sale as Exhibit A. The County reserves the right to assist the bidder in correcting any inconsistencies or inaccuracies set forth in such Truth in Bonding Statement. The County may waive any inconsistencies or inaccuracies relating to such Statements and any such waived inconsistencies or inaccuracies shall not adversely affect the bid. Furthermore, pursuant to Section 218.386, Florida Statutes, the names, addresses and estimated amounts of compensation of any person who has entered into an understanding with the underwriters or, to the managing underwriter's knowledge, the County, or both, for any paid or promised compensation or valuable consideration, directly or indirectly, expressly or implied, to act solely as an intennediary between the County and managing underwriter or who exercises or attempts to exercise any influence to effect any transaction in the pW'chase of the Series 2005 Bonds are set forth below in the space provided. If no infonnation is provided below, the County shalt presmne no compensation was or will be paid. Senior Manager: Address Authorized Signature: State Zip Code City Printed Name: Telephone Nmnber Facsimile Number ...- CoUlu County - CIIplIiú Improvement RevenueBondl - NOS PøgeU Agenda Item No.1 OA December 14,2004 Page 39 of 124 EXHIBIT D FORM OF PRELIMINARY OFFICIAL STATEMENT Agenda Item No.1 OA Decennber14, 2004 Page 40 of 124 PRELIMINARY OFFICIAL STATEMENT DATED JANUARY --' 2005 NEW ISSUE -BOOK ENTRY ONLY ANTICIPATED RATINGS: Fitch: "AAA" (Insured) and "AA·" (Underlying) Moody's: "Aaa" (Insured) and "Al" (Underlying) Standard & Poor's: "AAA" (Insured) and "AA·" (Underlying) ( Insured) (See "RATINGS" herein) In the opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel, interest on the Series 2005 Bonds (as hereinafter defin£d) is, under existing statutes, reguÙltions, rulings and court decisions: (a) excludable from gross income for federal income tax purposes except as otherwise described herein under the caption "TAX EXEMPTION" and (b) not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. Such interest, however, will be includable in the calcuÙltion of a corporation's alternative minimum taxable income and may be subject to other federal income tax consequences referred to herein under the caption "1 AX EXEMPTION." Bond Counsel is further of the opinion that the Series 2005 Bonds and the interest thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. See "TAX EXEMPTION" herein for a discussion of Bond Counsel's opinion. $160,150,000· COLLIER COUNTY, FLORIDA Capital Improvement and Refunding Revenue Bonds, Series 2005 /'-' Dated: Date of Delivery Due: October 1, as shown below The Capital Improvement and Refunding Revenue Bonds, Series 2005 (the "Series 2005 Bonds") are being issued by Collier County, Florida (the "County") as fully registered bonds, which initially will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). Individual purchases will be made in book-entry form only through Participants (defined herein) in denominations of $5,000 and integral multiples thereof. Purchasers of the Series 2005 Bonds (the "Beneficial Owners") will not receive physical delivery of certificates. Transfers of ownership interests in the Series 2005 Bonds will be effected by the DTC book-entry system as described herein. As long as Cede & Co. is the registered owner as nominee of DTC, principal and interest payments will be made directly to such registered owner which will in tum remit such payments to the Participants (as defined herein) for subsequent disbursement to the Beneficial Owners. Interest on the Series 2005 Bonds is payable on Aprill, 2005 and semiannually on each October 1 and April 1 thereafter. Principal of, premium, if any, and interest on the Series 2005 Bonds will be payable by U.S. Bank National Association, Atlanta, Georgia, as Paying Agent and Registrar. This cover page contains certain information for quick reference only. It is not, and is not intended to be, a summary of the issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. The Series 2005 Bonds are being issued for the purpose of providing funds, together with other legally available funds of the County, to (i) reimburse or finance the costs of acquisition, construction and equipping of various capital improvements as more fully described herein (the "Project"), (ii) refund, on a current basis, that portion of the County's outstanding Capital Improvement Revenue Refunding Bonds, Agenda Item No.1 OA December 14, 2004 . Page 41 of 124 Series 1994, maturing on and after October I, 2006, (ill) refinance the County's outstanding Revenue Note Draw No. A-27-1 and Revenue Note Draw No. A·29-1 issued to the Florida Local Government Finance Commission in the aggregate principal amount of $21,545,000, all of which is currently outstanding, and (iv) pay certain costs of issuance of the Series 2005 Bonds, including the municipal bond insurance premium and the reserve account insurance policy premium.. The Series 2005 Bonds are subject to optional and mandatory redemption prior to their stated maturities as described herein. The Series 2005 Bonds are payable from and secured by a lien upon the proceeds of the local government half-cent sales tax, as defined and described in, and distributed to the County under, Chapter 218, Part VI, Florida Statutes, and certain other investment earnings under the Resolution (as defined herein) (collectively, the "Pledged Revenues"), on a parity in all respects with certain other outstanding obligations of the County as more fully described herein. THE SERIES 2005 BONDS SHALL NEITHER CONSTlTIITE GENERAL INDEBTEDNESS OF THE COUNTY NOR A PLEDGE OF ITS FULL FAI'I1-L CREDIT OR TAXING POWER WITIiIN THE MEANING OF ANY CONSTITUTIONAL OR STATIlTORY PROVISION OR LIMITATION, BUT SHALL BE PAY ABLE SOLELY FROM AND SECURED BY A LIEN UPON AND PLEDGE OF THE PLEDGED REVENUES AS PROVIDED IN THE RESOLUTION. NO HOLDER OR HOLDERS OF THE SERIES 2005 BONDS SHALL EVER HAVE THE RIGHT TO REQUIRE OR COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE COUNTY TO PAY THE SERIES 2005 BONDS OR THE INTEREST THEREON OR TO MAKE ANY OTHER PAYMENTS PROVIDED IN THE RESOLUTION. THE SERIES 2005 BONDS AND THE INDEBTEDNESS EVIDENCED THEREBY SHALL NOT CONSTITIITE A LIEN UPON THE PROJECf OR ANY OTHER PROPERTY OF THE COUNTY, BUT SHALL CONSTITUTE A LIEN UPON mE PLEDGED REVENUES TO THE EXTENT AND IN THE MANNER PROVIDED IN THE RESOLUTION. Payment of the principal of and interest on the Series 2005 Bonds when due will be insured by a municipal bond insurance policy to be issued simultaneously with the delivery of the Series 2005 Bonds by . See "MUNIOP AL BOND INSURANCE" herein. [Insurer Logo] -.... .-. - -- ~ - 1- Agenda Item No.1 OA . December 14, 2004 Page 42 of 124 AMOUNTS, MATURmES, INTEREST RATES, PRICES OR YIELDS AND INITIAL CUSIP NUMBERS $ Serial Bonds" Maturity (October 1'" Amount" Interest Rak Price or ïiJilii Initial Cusip Numbers Maturity (October 1)" Amount" Interest &K Price or ïWsl Initial Cusip Numbers $ Ok % $ % % $ · _% Term Bonds due October 1, _. - Price or Yield _ok -lrùtia1 Cusip No._ $ · _ % Term Bonds due October 1, _. . Price or Yield _ % - Initial Cusip No. _ $ · _ % Term Bonds due October 1, _. - Price or Yield _ % - Initial Cusip No. _ ",--.. The Series 2005 Bonds are offered when, as and if issued and received by the Underwriter, subject to the approval as to legality by Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel. Certain legal matters will be passed on for the County by David C. Weigel, Esq., County Attorney, and by Bryant Miller & Olive P.A.. Tampa, Florida, Disclosure Counsel. Public Financial Management, Inc., Fort Myers, Florida is acting as financial Advisor to the County. It is expected that the Series 2005 Bonds will be delivered to the facilities of DYC in New York, New York on or about February --J 2005. Electronic bids for the Series 2005 Bonds will be received through the P ~ Competitive Bidding System as described in the Official Notice of Sale. Dated: January --J 2005 "Preliminary, subject to change. Agenda Item No. 10A December 14, 2004 Page 43 of 124 RED HERRING LANGUAGE: TIús Preliminary Official Statement and the information contained herein are subject to completion or amendment. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of the Series 2005 Bonds in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration, qualification or exemption under the securities laws of such jurisdiction. The County has deemed this Preliminary Official Statement "finaL" except for certain permitted omissions, within the contemplation of Rule 15c2-12 promulgated by the Securities and Exchange Commission. I Agenda Item No.1 OA December 14, 2004 Page 44 of 124 COLLIER COUNTY, FLORIDA Government Complex 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8097 BOARD OF COUNTY COMMISSIONERS Donna Fiala, Chair Fred W. Coyle, Vice Chair Jim Coletta, Commissioner Frank Halas, Commissioner Tom Henning, Commissioner COUNTY MANAGER James V. Mudd CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY AND CHIEF FINANCIAL OFFICER Dwight E. Brock, Esq. ,- DIRECTOR OF FINANCE AND ACCOUNTING James L. Mitchell, CIA, CFE, CBA COUNTY ATIORNEY David C. WeigeL Esq. BOND COUNSEL Nabors, Giblin cSt Nickerson, P.A Tampa, Florida DISCLOSURE COUNSEL Bryant Miller cSt Olive P.A. Tampa, Florida FINANCIAL ADVISOR Public Financial Management, Inc. Fort Myers, Florida -, -, - Agenda Item No.1 OA Decernber14,2004 Page 45 of 124 No dealer, broker, salesman or other person has been authorized by the County or the Underwriter to give any information or to make any representations in connection with the Series 2005 Bonds, other than as contained in this Official Statement and. if given or made, such information or representations must not be relied upon as having been authorized by the County. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Series 2005 Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the County, the Insurer, DTC and other sources that are believed to be reliable, but is not guaranteed as to accuracy or completeness by, and is not to be construed as a representation by, the Underwriter. The information and expressions of opinion stated herein are subject to change, and neither the delivery of this Official Statement nor any sale made hereunder shall create, under any circumstances, any implication that there has been no change in the matters described herein since the date hereof. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVERALLOT OR EFFECf TRANSACTIONS THA T STABILIZE OR MAINTAIN TIlE MARKET PRICE OF THE SERIES 2005 BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. All summaries herein of documents and agreements are qualified in their entirety by reference to such documents and agreements, and all summaries herein of the Series 2005 Bonds are qualified in their entirety by reference to the form thereof included in the aforesaid documents and agreements. NO REGISTRATION STATEMENT RELATING TO TIfE SERIES 2005 BONDS HAS BEEN FILED WITH mE SECURITIES AND EXCHANGE COMMISSION (THE "COMMISSION") OR WI1H ANY STATE SECURITIES COMMISSION. IN MAKING ANY INVESTMENT DEOSION, INVESTORS MUST RELY ON THEIR. OWN EXAMINATIONS OF THE COUNTY AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. THE SERIES 2005 BONDS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION OR ANY STATE SECURITIES COMMISSION OR REGULATORY AUTHORITY. THE FOREGOING AUTHORfTIES HAVE NOT PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAYBE A CRlMINAL OFFENSE. , Contents TABLE OF CONTENTS Agenda Item No.1 OA December 14, 2004 Page 46 of 124 ~ INTRODUCTION ......................................................... .................................. ................ ..... .................................... ...1 General.... ....... ........... ..... ............. ..................... ........................ ......... ........ ..... ..................................... ...... ..... .........1 The County ........ ........ ............. .......... ................... ............ ........ ........... ...... ...... ..... .................. ...........,............. ........1 Purpose of the Series 2005 Bonds ........................................................................................................................1 Security for the Bonds ... ... .......... ....... ........... ...... ........... ........ ......................................... ...... ........ ..... ..... ............ ...2 Redemption Provisions ....................................... ..... ................ .... .................. ............. .................... ........ ...... ........2 Municipal Bond Insurance ...... ........ .............................. ......... ............................ ............. .... ... .................... ..........2 Additional Parity Bonds .... ................................ ...... ............................... .......................................... ..... ..... ..........2 Tax Exemption ............................................................................................... ........................................................2 Continuing Disclosure .......... ................ ....... ..... ................... ............. ............ ......................................... ..... ..........3 Amendment of Resolution.................................................................................................., .................................3 Additional Inforxnation............ ......... ......... .............. ........ .... ..... ............. ....... ...... ...... ..... ...... ..... .... ......... ....... ........3 AUTHORITY FOR ISSUANCE............................................................··...............·..·........................... .....................4 THE PROJECT.............................................................................................................................................................4 PLAN OF REFUNDING ............................................................................................................................. ".............4 DESCRIPTION OF THE SERIES 2005 BONDS........................................·......................·..···..···............,................5 General ..................... ........................... ................................., ........ ....................... ...... .......... .................... ..... ..........5 Book-Entry Only System................. ...,. ........................ ...... .............................................. ...,.. ...............................5 Payment of the Series 2005 Bonds .......................................................................................................................7 Ownership of Series 2005 Bonds.... .................. ............. ..... ................... ...... ................... ...... ..... ................. ....... ...7 Optional Redemption ............................................................................................................................................7 Mandatory Redemption........................................................................................................................................7 Notice of Redemption ................................................... ............................................................. ...........................8 Transfer and Exchange. ..... ................... ......................... ....... ............. .... ........................ ................... .......... ...........9 SECURITY FOR THE BONDS ................................................................................................................................10 General.............. ........ ....... ...... ...................... ............ ............ ............ .................... .............................. ...... ..... ........10 Uniform Commercial Code ................ ........................................... ,............................................................ ........10 Funds and Accounts ............ ,.... ...... .................... ,.............................................. ......... ....... ..................................11 Construction Fund. ............ .......................... ......................... ..... ..... ............. ...... ..................................... .............11 Reserve Account ......... .................................................................... ........................................., ............ ............. ..12 Disposition of Sales Tax Revenues ....................................................................................................................12 Additional Parity Bonds .......;........ ....... ..... ........... ........ ...... ............ ....................... ........................ ... .,. ...............14 Subordinated Indebtedness.. ........ ............ ....... ....... ......................... ...... ...... ...................... ...... ................... ....... .14 Books and Records........ .... ................... ............ .......... ........ .......................... ...... ...... ...... ...... ......... ......... ..............15 Collection of Sales Tax Revenues; No Impairment .........................................................................................15 Invesbnents.... .......... .... ....... ..... ...................... ..... ........ .................... .............. ............ ...... ..... ............. .................. ..15 Amendment of Resolution without Consent of Bondholders; Control by Insurer in Case of Event of Default........ ....................... ............. .................... ............ .................................... ......... ........ ....... ............ ...... ........ .15 SALES TAX REVENUES ..............................................,.,.................................................,...,..................................16 General............. .......... ............. ................... ........ .................................... ....... ....................., ...........,.............. ....... .16 Eligibility.................,............. ......... .................... .......... ........ ............................... ............................ ..................... .17 Distribution........................,......,.... ....... ................................ .................. ..............................................., ..............18 ESTIMATED SOURCES AND USES OF FUNDS ................................................................................................21 DEBT SERVICE SCHEDULE ............................................................................................................,.....................22 ,..,.- -- --- ----.- - -- ..- - -.."- .- -- .--." .-.,- -- -' -.-.---- .--..-,- ,.- ..-----..- --.-. Agenda Item No. 10A Decernber14, 2004 Page 47 of124 MUNICIPAL BOND INSURANCE .......................................................................................................................23 RESERVE PRODUCfS.............................................................................................................................................23 2005 Reserve Account Insurance Policy ...........................................................................................................23 2003 Reserve Account Insurance Policy ...........................................................................................................24 2002 Reserve Account Insurance Policy ...........................................................................................................24 INVESTMENT POLICY ...........................................................................................................................................24 LEGAL MA TIERS..........:.........................................................................................................................................26 LITIGATION .................. ................................................... .......................................... ....... ....... ............................ ....26 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS...........................................................27 TAX EXEMPTION ....................................................................................................................................................28 Opinion of Bond Counsel .............................. .................................................................................................. ...28 Internal Revenue Code of 1986 ..........................................................................................................................28 Collateral Tax Consequences.. .... ........ ..... .... .......... .......... ..... ............. ........... ....... ........ ... ....... ...... ....... ............. ..28 Florida Taxes ..... ......... ..... ........ ............................. ....... ..... .............. ...... ....... .... ................... ...... ..... ........ ...... ...... ...29 Other Tax Matters................................................................................................................................................29 Tax TreatJnent of Original Issue Discount........................................................................................................29 Tax Treabnent of Bond Premium ......................................................................................................................29 RATINGS ........................... ....................... .................................................................................................................30 VERIFICATION OF MA TIiEMATICAL COMPUT ATIONS.............................................................................30 FINANCIAL ADVISOR...........................................................................................................................................30 AUDITED FINANCIAL STATEMENTS ...............................................................................................................31 UNDERWRfTING ....................................................................................................................................................31 CONTINGENT FEES .... ............ ........................................................................................ ........... ............................31 ENFORCEABILITY OF REMEDIES.......................................................................................................................31 CONTINUING DISCLOSURE................................................................................................................................32 ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT................................................................32 AUfHORIZA TION OF OFFlOAL ST A TEMENT...............................................................................................33 APPENDIX A - GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA APPENDIX B - AUDITED FINANOAL STATEMENTS OF COLUER COUNTY FOR FISCAL YEAR ENDED SEPTEMBER 30, 2003 APPENDIX C - SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION APPENDIX D - SPEOMEN MUNIClP AL BOND INSURANCE POLICY APPENDIX E - SPECIMEN 2005 RESERVE ACCOUNT INSURANCE POLICY APPENDIX F - 2003 RESERVE ACCOUNT INSURANCE POLICY APPENDIX G - 2002 RESERVE ACCOUNT INSURANCE POUCY APPENDIX H - FORM OF BOND COUNSEL OPINION APPENDIX I - FORM OF CONTINUING DISCLOSURE CERTIFICATE ii I Agenda Item No.1 OA December 14, 2004 Page 48 of 124 ".- OFFICIAL STATEMENT relating to $160,150,000- COLUER COUNTY, FLORIDA Capital Improvement and Refunding Revenue Bonds, Series 2005 INTRODUcrlON General This introduction is subject in all respects to the more complete information and definitions contained or incorporated in this Official Statement and should not be considered to be a complete statement of the facts material to making an informed investment decision. The offering by Collier County, Florida (the "County"), of its $160,150,000'" Capital Improvement and Refunding Revenue Bonds, Series 2005 (the "Series 2005 Bonds") to potential investors is made only by means of the entire Official Statement, including all appendices attached hereto. All capitalized undefined terms used in this introduction shall have the meaning set forth in "APPENDIX C - SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION" attached hereto. The County --- The County was established in 1923 by the legislature of the State of Florida (the "State") from portions of Lee and Monroe Counties. Its territorial limits, as they presently exist, contain approximately 2,026 square miles. In terms of land area, it is the largest county in the State. The County is located on the southwest coast of the Florida peninsula directly west of the Miami-Fort Lauderdale area. In 2003, the County had a population of 284,918. Principal industries within the County include wholesale and retail trade, tourism, agriculture, forestry, fishing, cattle ranching and construction. The 2000 U.S. Census showed an increase in the population of the County of 65% between the years 1990 and 2000. Part of the Everglades National Park, the United States' only subtropical national park, comprises a portion of the County. See "APPENDIX A - GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA" attached hereto for more information about the County. Purpose of the Series 2005 Bonds The County proposes to issue the Series 2005 Bonds for the purpose of providing funds, together with other legally available funds of the County, to (i) reimburse or finance the costs of acquisition, construction and equipping of various capital improvements within the County as more fully described herein in the section entitled 'THE PROJECT," (ii) refund, on a current basis, that portion of the County's outstanding Capital Improvement Revenue Refunding Bonds, Series 1994 (the "Series 1994 Bonds"), maturing on and after October 1,2006 (collectively, the "Refunded Bonds"), (ill) refinance the County's outstanding Revenue Note Draw No. A-27-1 and Revenue Note Draw No. A-29-1 issued to the Florida Local Government Finance Commission (the "Finance Commission") in the aggregate principal amount of $21,545,000, all of which is currently outstanding, and (iv) pay certain costs of issuance of the Series 2005 Bonds, including the municipal bond insurance premium and the reserve account insurance policy premium. The Series 2005 Bonds will be issued on a parity as to the lien on and security with the Series .Pre1iminary, subject to change -- ,.--- Agenda Item No.1 OA December 14, 2004 Page 49 of 124 1994 Bonds maturing on October 1, 2005 (the "Unrefunded Series 1994 Bonds") outstanding in the principal amount of $1,890,000 as of October 2, 2004, the County's Capital Improvement Revenue Bonds, Series 2002 (the "Series 2002 Bonds'), outstanding in the principal amount of $40,220,000 as of October 2, 2004, and the County's Capital Improvement and Refunding Revenue Bonds, Series 2003 (the "Series 2003 Bonds"), outstanding in the principal amount of $48,035,000 as of October 2, 2004 (collectively, the "Outstanding Parity Bonds"). The Series 2005 Bonds, the Outstanding Parity Bonds, and any Additional Parity Bonds (as defmed in the hereinafter described Resolution) subsequently issued pursuant to the Resolution (as hereinafter defined) are herein collectively referred to as the "Bonds." See "SECURITY FOR THE BONDS - Additional Parity Bonds" herein. Security for the Bonds Pursuant to Resolution No. 85-107 adopted by the Board of County Commissioners (the "Board') of the County on April 30, 1985, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 04-_ adopted by the Board on [December 14],2004 (collectively, the "Resolution"), the Series 2005 Bonds will be payable from and will be secured by, on a parity with the Outstanding Parity Bonds and any Additional Parity Bonds subsequently issued pursuant to the Resolution, the proceeds of the local government haH-cent sales tax, as defined and described in, and distributed to the County under Chapter 218, Part VI, Florida Statutes ("Sales Tax Revenues') and all investment income deriVed from the investment of moneys in the Reserve Account established by the Resolution, if any (collectively, the "Pledged Revenues"). See "SALES TAX REVENUES" herein. Pursuant to the Resolution, upon the issuance of the Series 2005 Bonds, there will be on deposit in the Reserve Account three reserve account insurance policies in an aggregate amount equal to the Maximum Bond Service Requirement with respect to the Series 2005 Bonds and the Outstanding Parity Bonds. See "SECURITY FOR TIlE BONDS" and "RESERVE PRODUcrs " herein. Redemption Provisions The Series 2005 Bonds are subject to optional and mandatory redemption prior to their stated maturities as described herein. See "DESCRIPTION OF THE SERIES 2005 BONDS" herein. Municipal Bond Insurance Payment of the principal of and interest on the Series 2005 Bonds when due will be insured by a municipal bond insurance policy (the "Municipal Bond Insurance Policy") to be issued by (the "Insurer") simultaneously with the delivery of the Series 2005 Bonds. See ''MUNICIPAL BOND INSURANCE" herein. Additional Parity Bonds The County may issue Additional Parity Bonds on a parity with the Series 2005 Bonds and the Outstanding Parity Bonds, subject to compliance with certain conditions set forth in the Resolution. See "SECURITY FOR THE BONDS - Additional Parity Bonds" herein. Tax Exemption In the opinion of Nabors, Giblin & Nickerson, P .A., Tampa, Florida, Bond Counsel, interest on the Series 2005 Bonds is, under existing statutes, regulations, rulings and court decisions: (a) excludable from gross income for federal income tax purposes except as otherwise described herein under the caption 2 I Agenda Item No.1 OA - December 14, 2004 Page 50 of 124 "TAX EXEMPTION" and (b) not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. Such interest, however, will be includable in the calculation of a corporation's alternative minimum taxable income and may be subject to other federal income tax consequences referred to herein under the caption "TAX EXEMPTION." Bond Counsel is further of the opinion that the Series 2005 Bonds and the interest thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. See "TAX EXEMPTION" herein for a discussion of Bond Counsel's opinion. Continuing Disclosure The County has agreed and undertaken, for the benefit of Series 2005 Bondholders, to provide certain financial information and operating data relating to the County, the Pledged Revenues and the Series 2005 Bonds pursuant to Rule 15c2-12 of the Securities and Exchange Commission. See "CONTINUING DISCLOSURE" herein. Amendment of Resolution Pursuant to the Resolution, the County is granted the right to make certain amendments to the Resolution without the consent of the Holders of the Series 2005 Bonds. See "APPENDIX C - SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION" attached hereto. Additional Information .-- This Official Statement speaks only as of its date, and the information contained herein is subject to change. This Official Statement contains certain information concerning the Insurer, its Municipal Bond Insurance Policy and its reserve account insurance policy on the Bonds, issued in conjunction with delivery of the Series 2005 Bonds, Ambac Assurance Corporation and its reserve account insurance policy on the Bonds, issued in conjunction with delivery of the Series 2003 Bonds, Financial Guaranty Insurance Company and its reserve account insurance policy on the Bonds, issued in conjunction with delivery of the Series 2002 Bonds, and contains certain information concerning The Depository Trust Company, New York, New York ("DTC"), and its book-entry-only system of registration. Such information has not been provided by the County and the County does not certify as to the accuracy or sufficiency of the disclosure practices or content of information provided by such parties and is not responsible for the information provided by such parties. A copy of the Resolution and all documents of the County referred to herein may be obtained from Dwight E. Brock, Clerk of Circuit Court and Chief Financial Officer of Collier County, Government Complex, 3301 East Tamiami Trail, Building L, Naples, Florida 34112, Phone (239) 732-2646. Capitalized terms used but not defined herein have the same meaning as when used in the Resolution unless the context clearly indicates otherwise. See "APPENDIX C - SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION" attached hereto. All information included herein has been provided by the County, except where attributed to other sources. Copies of such documents, reports and statements referred to herein that are not included in their entirety in this Official Statement may be obtained from the County. 3 ----"-- · -"~'- - . Agenda Item No. 10A December 14, 2004 Page 51 of 124 AUTHORITY FOR ISSUANCE The Series 2005 Bonds are being issued pursuant to the authority of and in full compliance with the Constitution and laws of the State of Florida. including Otapter 125, Florida Statutes, as amended and supplemented, Home Rule Ordinance No. 82-47 duly enacted by the Board on June 18, 1982, and other applicable provisions of law (the "Act"), and pursuant to the Resolution. mE PROJECT The Project consists of the acquisition, construction and equipping of various capital improvements witlûn the County including. but not limited to, acquisition, construction and equipping of the North Naples Regional Park, the County Courthouse Annex Phase L the Courthouse Annex Parking Garage, an Emergency Operations Center and the County's Fleet Facility (collectively, the "Project"). The Prior Notes were issued to finance on an interim basis the acquisition of real property commonly known as the Fleishman property and of a building and property commonly referred to as the Arthrex Building. PLAN OF REFUNDING Concurrently with the delivery of the Series 2005 Bonds, a portion of the proceeds of the Series 2005 Bonds, together with other legally available funds of the County, shall be deposited into an escrow deposit trust fund (the "Escrow Fund") pursuant to the terms and provisions of the Escrow Deposit Agreement between the County and U.S. Bank National Association, Atlanta, Georgia, as Escrow Holder (the "Escrow Agreement"). The moneys deposited pursuant to the Escrow Agreement shall be applied to the purchase of Obligations of the United States of America (as such terms are defined in the Resolution), so as to produce sufficient funds to pay the principal of, redemption premium, and interest on the Refunded Bonds, as the same become due and payable, whether at maturity or redemption prior to maturity. The Refunded Bonds are expected to be redeemed on March 9, 2005 at a redemption price equal to 102% of the principal amount thereof plus interest accrued to the redemption date. See "VERIFICATION OF MATHEMATICAL COMPUTATIONS" herein. The deposit of such moneys. and investment thereof, in the opinion of Bond Counsel and in reliance on the Verification Report of Causey Demgen & Moore, Inc., Denver, Colorado, will cause the pledge of the Pledged Revenues and all covenants, agreements and other obligations of the County to the holders of the Refunded Bonds to cease, terminate and become void and be discharged and satisfied in accordance with the Resolution. The holders of the Refunded Bonds shall be entitled to payment solely out of the moneys or Obligations of the United States of America deposited pursuant to the Escrow Agreement. The moneys and Obligations of the United States of America on deposit in the Escrow Fund will not be available for payment of the Series 2005 Bonds. Concurrently with the delivery of the Series 2005 Bonds, a portion of the proceeds of the Series 2005 Bonds in sufficient amount shall be paid to the Finance Commission in order to refinance the Prior Notes. 4 , Agenda Item No.1 OA December 14, 2004 - Page 52 of 124 The Unrefunded Series 1994 Bonds (which mature on October 1, 200s) shall be paid by the County at maturity without premium. DESCRImON OF THE SERIES 2005 BONDS General The Series 2005 Bonds will be dated and will mature in the years, and in the amounts and bear interest at the rates and be payable on the dates set forth on the cover page hereof. Interest on the Series 2005 Bonds is payable on April 1, 2005, and semiannually on each October 1 and April 1 thereafter (each an "Interest Date"). Principal of, premium, if any, and interest on the Series 200s Bonds will be payable by U.S. Bank National Association, Atlanta, Georgia, as Paying Agent and Registrar. Book-Entry Only System THE FOLLOWING INFORMATION CONCERNING THE DEPOSITORY TRUST COMPANY ("DTC") AND DTC'S BOOK-ENfRY ONLY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE COUNTY BELIEVES TO BE RELIABLE, BUT THE COUNTY TAKES NO RESPONSIBILITY FOR THE ACCURACY THEREOF. .~ DTC will act as securities depository for the Series 2005 Bonds. The Series 2005 Bonds will be registered in the name of Cede & Co. (DTC's partnership nominee). Purchases of beneficial ownership interests in the Series 2005 Bonds will be made in book-entry only form, in the denoI1Ùßations hereinbefore described. Purchasers of beneficial ownership interests in the Series 2005 Bonds (''Beneficial Owners") will not receive bond certificates representing their ownership interests in the Series 2005 Bonds, except in the event that use of the book-entry only system for the Series 2005 Bonds is discontinued. One fully registered certificate will be issued for each maturity of the Series 2005 Bonds and deposited with DTC. DTC, the world's largest depository, is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17 A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2.2 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments from over 100 countries that DTC's participants (the "Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of securities transactions, in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust and Oearing Corporation ("DTCC"). DTCC, in tum is owned by a number of Direct Participants of DTC and Members of the National Securities Oearing Corporation, Fixed Income Clearing Corporation, and Emerging Markets Clearing Corporation, as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as both U.S. and non-U.s. securities brokers, dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (the "Indirect Participants"). DTC has Standard and Poor's - 5 Agenda Item No.1 OA December 14,2004 Page 53 of 124 highest rating: AAA. The DTC rules applicable to DTC and its Direct and Indirect Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.or~. Purchases of Series 2005 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for such Series 2005 Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 2005 Bond (the ''Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership ÏJ1terests in the Series 2005 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of the Beneficial Owners. Beneficial Owners will not receive certificates representing their beneficial interests in the Series 2005 Bonds, except in the event that use of the book-entry system for the Series 2005 Bonds is discontinued To facilitate subsequent transfers, all Series 2005 Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. or such other name as may be requested by an authorized representative of Dre. The deposit of Series 2005 Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DrC has no knowledge of the actual Beneficial Owners of the Series 2005 Bonds. DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 2005 Bonds are credited, which mayor may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping an account of their holdings on behalf of their customers. Conveyance of notices and other communications by Drc to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners wiU be governed by arrangements made among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to Dre. If less than all of a maturity of the Series 2005 Bonds are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such Series 2005 Bonds, as the case may be, to be redeemed. Neither DrC nor Cede & Co. (nor any other DrC nominee) will consent or vote with respect to the Series 2005 Bonds unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, Drc mails an Omnibus Proxy to the County as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co. 's consenting or voting rights to those Direct Participants to whose accounts the Series 2005 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Series 2005 Bonds will be made to DTe. DTC's practice is to credit Direct Participants' accounts, upon DTC's receipt of funds and corresponding detail infonnation from the County, or the Registrar on the payable date in accordance with their respective holdings shown on DTC's records. Payments by Direct or Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer fonn or with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Direct or Indirect Participants and not of DTC, the Registrar, the Paying Agent, or the County, subject to any statutory and regulatory requirements as may be in effect from time to time. Payment of principal and interest to Drc is the 6 Agenda Item No.1 OA December 14,2004 Page 54 of 124 responsibility of the County and/or the Paying Agent for the Series 2005 Bonds. Disbursement of such payments to Direct Participants is the responsibility of DTC, and disbursement of such payments to the Beneficial Owners is the responsibility of the Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Series 2005 Bonds at any time by giving reasonable notice to the County. Under such circumstances, in the event that a successor securities depository is not obtained, certificates are required to be printed and delivered. The County may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, certificates will be printed and delivered. Payment of the Series 2005 Bonds Interest on the Series 2005 Bonds is payable by the Paying Agent by check or draft mailed to the holder in whose name such Series 2005 Bond shall be registered at the close of business on the date which shall be the fifteenth day of the calendar month next preceding each Interest Date, whether or not such day is a business day, or at the request of such holder, by bank wire transfer to the account of such holder. The principal of and premium, if any, on the Series 2005 Bonds is payable at maturity or redemption to the registered owner at the designated corporate trust office of the Paying Agent. l- I For so long as the Series 2005 Bonds shall be held in the DTC book-entry system (without certificates), all such payments of principal of, redemption premium, if any, and interest on the Series 2005 Bonds will be made to Cede & Co., as registered owner thereof, by the Paying Agent and payments to Beneficial Owners will be the responsibility of DTC and the DTC participants. See "DESCRIPTION OF THE SERIES 2005 BONDS - Book-Entry Only System" herein. Ownership of Series 2005 Bonds The County, the Paying Agent, and the Registrar shall deem and treat the person in whose name any Series 2005 Bond is registered on the books maintained by the Registrar as the absolute owner of such Series 2005 Bond, whether or not such Series 2005 Bond is overdue, for the purpose of receiving payment thereof and for all other purposes whatsoever, and neither the County, the Paying Agent, nor the Registrar will be affected by any notice to the contrary. All such payments will be valid and effectual to satisfy and discharge the liability upon such Series 2005 Bond to the extent of the sum or sums so paid. Optional Redemption The Series 2005 Bonds maturing prior to October 1, 20_ are not subject to optional redemption prior to maturity. The Series 2005 Bonds maturing on or after October 1, 20_ are subject to redemption prior to their respective maturities, at the option of the County on or after October 1, 20-, as a whole or in part at any time, and if in part, by maturities to be selected by the County and by lot within a maturity if less than a fun maturity, at a redemption price equal to 100% of the principal amount of the Series 2005 Bonds to be redeemed plus accrued interest to the date fixed for redemption. Mandatory Redemption The Series 2005 Bonds maturing on October 1, 20-, are subject to mandatory sinking fund redemption, prior to maturity in part, by lot on October 1, 20_ and on each October 1 thereafter, at a .- 7 Agenda Item No. 10A December 14,2004 ·Page 55 of 124 redemption price equal to the principal amount of such Series 2005 Bonds or portions thereof to be redeemed, plus interest accrued thereon to the date of redemption, on October 1 in the following years and in the following Amortization Installments: Year Amortization Installments 20_ 20_ 20_ 20_" $- "Maturity The Series 2005 Bonds maturing on October 1, 20--, are subject to mandatory sinking fund redemption, prior to maturity in part, by lot on October 1, 20_ and on each October 1 thereafter, at a redemption price equal to the principal amount of such Series 2005 Bonds or portions thereof to be redeemed, plus interest accrued thereon to the date of redemption, on October 1 in the following years and in the following Amortization Installments: ïw: Amortization Installments 20_ 20_ 20_ 20_" $- 'Maturity The Series 2005 Bonds maturing on October 1, 20--, are subject to mandatory sinking fund redemption, prior to maturity in part, by lot on October 1, 20_ and on each October 1 thereafter, at a redemption price equal to the principal amount of such Series 2005 Bonds or portions thereof to be redeemed, plus interest accrued thereon to the date of redemption, on October 1 in the following years and in the following Amortization Installments: Ym Amortization Installments 20_ 20_ 20_ 20_" $- "Maturity Notice of Redemption Notice of redemption shall be (i) filed with the Paying Agent and Registrar; and (ü) mailed, first class, postage prepaid, at least 30 days prior to the redemption date to all registered owners of Series 2005 Bonds to be redeemed at their addresses as they appear on the registration books of the County. Interest shall cease to accrue on any Series 2005 Bond duly called for redemption on the redemption date, 8 Agenda Item No.1 OA December 14,2004 Page 56 of 124 provided provision for the payment thereof shall have been duly provided. Failure to mail notice to the registered owners of the Series 2005 Bonds to be redeemed. or any defect in such notice, shall not affect the proceedings of redemption of such SerieS 2005 Bonds. As described above under "DESCRIPTION OF TIiE SERIES 2005 BONDS - Book-Entry Only System," for so long as the Series 2005 Bonds are registered in the name of DTC or its nominee, notice of redemption of any Series 2005 Bond will be given by the Registrar to DTC or such nominee only, who will then be solely responsible for selecting and notifying those DTC Participants and Beneficial Owners (as defined herein) to be affected by such redemption. Transfer and Exchange So long as the Series 2005 Bonds are registered in the name of DTC or its nominee, the following paragraphs relating to transfer and exchange of Series 2005 Bonds do not apply to the Series 2005 Bonds. Series 2005 Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or hisattomey duly authorized in writing, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amQUnt of registered Series 2005 Bonds and of the same maturity of any other authorized denominations. The Registrar shall act as registrar and transfer agent for all Series 2005 Bonds. The Series 2005 Bonds issued under the Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commeràa1 Code of the State of Florida, subject to the provisions for registration and transfer contained in the Resolution and in the Series 2005 Bonds. So long as any of the Series 2005 Bonds shall remain outstanding, the County shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Series 2005 Bonds; and, upon presentation thereof for such purpose at said office, the County shall register or cause to be registered therein, and permit to be transferred thereon, under such reasonable regulations as it or the Registrar may prescribe, any Series 2005 Bond entitled to registration or transfer. Each Series 2005 Bond shall be transferable only upon the books of the County, at the office of the Registrar, by the registered owner thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his duly authorized attorney. Upon the transfer of any such Series 2005 Bond, the County shall issue in the name of the transferee a new Series 2005 Bond or Series 2005 Bonds of the same aggregate principal amount and maturity as the surrendered Series 2005 Bond. The County and any paying agent or fiduciary of the County may deem and treat the person in whose name any outstanding Series 2005 Bond shall be registered upon the books of the County as the absolute owner of such Series 2005 Bond, whether such Series 2005 Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal, redemption premium, if any, and interest on such Series 2005 Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Series 2005 Bond to the extent of the sum or sums so paid and neither the County nor any paying agent or other fiduciary of the County shall be affected by any notice to the contrary. In all cases in which the privilege of exchanging Series 2005 Bonds or transferring Series 2005 Bonds is exercised, the County shall execute and deliver Series 2005 Bonds in accordance with the .- 9 Agenda Item No.1 OA D~cember 14, 2004 Page 57 of 124 provisions of the Resolution. Execution of Series 2005 Bonds by the Chair and Clerk for purposes of exchanging, replacing or transferring Series 2005 Bonds may occur at the time of the original delivery of the Series 2005 Bonds. All Series 2005 Bonds surrendered in any such exchanges or transfers shall be held by the Registrar in safekeeping until directed by the County to be cancelled by the Registrar. For every such exchange or transfer of Series 2005 Bonds, the County or the Registrar may make a charge sufficient to reimburse it for any tax. fee, expense or other governmental charge required to be paid with respect to such exchange or transfer. The County shall not be obligated to make any such exchange or transfer of Series 2005 Bonds during the fifteen (15) days next preceding an interest payment date on the Series 2005 Bonds, or in the case of any proposed redemption of Series 2005 Bonds, then during the fIfteen (15) days next preceding the date of the first mailing of notice of such redemption and continuing until such redemption date. SECURITY FOR TIlE BONDS General The principal of, redemption premium, if any, and interest on Bonds issued under the Resolution, including the Series 2005 Bonds, the Outstanding Parity Bonds, and any Additional Parity Bonds hereafter issued, will be payable on a parity with one another from and secured by a pledge of and first lien upon (i) the proceeds of the local government half-œnt sales tax, as defined and described in, and distributed to the County under Chapter 218, Part VI, Florida Statutes (the "Sales Tax Revenues"), and (ii) the investment income derived from the investment of moneys in the Reserve Account established under the Resolution, if any ("Investment Earnings") which shall be transferred to the Sinking Fund in accordance with the Resolution (collectively, the "Pledged Revenues"). For more information regarding Sales Tax Revenues, see "SALES TAX REVENUES" herein. THE SERIES 2005 BONDS SHALL NEITHER CONSTITUTE GENERAL INDEBTEDNESS OF mE COUNTY NOR A PLEDGE OF ITS FULL FAITH, CREDIT OR TAXING POWER WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION, BUT SHALL BE PAYABLE SOLELY FROM AND SECURED BY A LIEN UPON AND PLEDGE OF THE PLEDGED REVENUES AS PROVIDED IN mE RESOLUTION. NO HOLDER OR HOLDERS OF THE SERIES 2005 BONDS SHALL EVER HAVE THE RIGHT TO REQUIRE OR COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE COUNTY TO PAY mE SERIES 2005 BONDS OR THE INTEREST TIfEREON OR TO MAKE ANY SINKING FUND, RESERVE ACCOUNT OR OTHER PAYMENTS PROVIDED IN THE RESOLUTION. THE SERIES 2005 BONDS AND THE INDEBTEDNESS EVIDENCED THEREBY SHALL NOT CONSTII1JTE A UEN UPON THE PROJECT OR ANY OTHER PROPERTY OF THE COUNTY, BUT SHALL CONSTITUTE A LIEN UPON THE PLEDGED REVENUES TO THE EXTENT AND IN THE MANNER PROVIDED IN THE RESOLUTION. Uniform Commercial Code The Series 2005 Bonds will have all the qualities and incidents of negotiable instruments under the law merchant and under the Uniform Commercial Code of the State of Florida, subject to the provisions for registration of transfer contained in the Resolution and in the Series 2005 Bonds and provided that the County's pledge of the Pledged Revenues is exempt from the provisions of such law relating to perfection of security interests. 10 Agenda Item No. 10A Decennber14,2004 Page 58 of 124 Funds and Accounts The County covenanted and agreed in the Resolution to establish with a bank or trust company in the State of Florida, which is eligible under the laws of such State to receive County funds, special funds to be known as the "Construction Fund," the "Sales Tax Fund," the "Rebate Fund," and the "Sinking Fund," and within the Sinking Fund, the "Interest Account," the "Principal Account," the "Bond Amortization Account," and the "Reserve Account." Such Funds and Accounts constitute trust funds for the purposes provided in the Resolution for such Funds and Accounts. All such Funds and Accounts shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the Laws of the State of Florida. The cash required to be accounted for in each of the funds and accounts established in the Resolution may be deposited in a single bank account, and funds allocated to the various accounts established in the Resolution may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the cash on deposit therein and such investments for the various purposes of such funds and accounts as provided in the Resolution. The designation and establishment of the various funds and accounts in and by the Resolution shall not be construed to require the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as provided in the Resolution. - Construction Fund The moneys in the Construction Fund, until applied for payment of any item of the Cost of the Project in the manner provided in the Resolution, shall be held in trust by the County and shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. The County covenanted and agreed in the Resolution to commence and proceed with completion of the Project with due diligence and all practicable dispatch. If for any reason such proceeds or any part thereof are not necessary for or are not applied to the payment of such Cost, then the unapplied proceeds shall be deposited by the County into the Reserve Account in an amount equal to any deficiency therein and thereafter the unapplied proceeds shall be deposited, at the discretion of the County, into the Interest Account or Principal Account and applied to the payment of principal of and interest on the Bonds. All income derived from investment of moneys in the Construction Fund shall be retained in the Construction Fund; provided, that upon certification by the County Representative that the balance of funds on deposit and a stated amount of income to be received on investments will be sufficient to pay all remaining Cost of the Project when due, the balance of such investment income shall be deposited in the Sinking Fund as described in the preceding paragraph. All expenditures or disbursements from the Construction Fund shall be made only after such expenditures or disbursements shall have been approved in writing by the County Representative. The date of completion of the Project shall be determined by the County Representative who shall certify such fact in writing to the Board. ~' 11 Agenda Item No.1 OA December 14,2004 Page 59 of 124 Reserve Account Upon the issuance of the Series 2005 Bonds, there shall be on deposit in the Reserve Account a sum [at least] equal to the Maximum Bond Service Requirement for the Bonds ($ ), which sum shall be maintained for the benefit of the holders of the Bonds. No further payments shall be required to be made into the Reserve Account as long as the amount on deposit therein shall equal the Maximum Bond Service Requirement on the outstanding Bonds. The Maximum Bond Service Requirement is defined in the Resolution to be, as of any particular date of calculation, the greatest amount of aggregate Bond Service Requirements for all outstanding Bonds for the then current or any future Bond Year. See "APPENDIX C - SUMMARY OF CERTAIN PROVISIONS OF THE RF.5OLUTION" attached hereto. Moneys in the Reserve Account shall be used only for the purpose of paying principal, Amortization Installments and interest on the Bonds when moneys in the Sinking Fund are insufficient therefore. Any moneys withdrawn from the Reserve Account must be restored from the first Pledged Revenues available therefore after all required payments have been made for the payment of debt service, including deficiencies for prior payments, on the Bonds on the next payment date. The Maximum Bond Service Requirement will be satisfied in whole by three reserve account insurance policies which will be on deposit in the Reserve Account upon the issuance of the Series 2005 Bonds. See "RESERVE PRODUCfS" herein and "APPENDIX C - SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION" attached hereto for a description of the reserve account insurance policies which will be on deposit in the Reserve Account following the issuance of the Series 2005 Bonds. Disposition of Sales Tax Revenues Pursuant to the Resolution, the County promptly deposits upon receipt from the State the Sales Tax Revenues into the Sales Tax Fund on or before the fifteenth day of each month, in the following manner and in the following order of priority: (1) The County shall deposit in the Interest Account the sum which, together with Investment Earnings and with moneys therein not theretofore allocated to supplement any previous monthly deposit, will be sufficient to pay one-sixth (1/6) of all interest becoming due on the Bonds on the next semi-annual interest payment date. Moneys in the Interest Account shall be used to pay interest on the Bonds as and when the same shall become due, and for no other purpose. All such payments, as provided above, shall include an amount sufficient to pay the fees and charges of the Registrars and the Paying Agents. Such monthly payments shall be increased or decreased proportionately to the extent required to pay interest becoming due each Bond Year, after making allowance for the amounts of money, if any, which will be deposited in the Interest Account out of proceeds from the sale of the Bonds, or which will be on deposit therein from other sources. (2) On a parity with the deposits under paragraph (1) above the County shall next deposit in the Principal Account the sum which, together with Investment Earnings and with moneys therein not theretofore allocated to supplement any previous monthly deposit, will be sufficient to pay one-twelfth (1/12) of all principal maturing on the Bonds which are serial bonds on the next maturity date. Moneys in the Principal Account shall be used to pay the principal of the Bonds as and when the same shall mature, and for no other purpose. Such monthly payments shall be increased or decreased proportionately to the extent required to pay principal becOming due each Bond Year, after making allowance for the amounts of money, if any, which will be on deposit in the Principal Account. 12 , Agenda Item No, 10A December 14,2004 Page 60 of 124 (3) On a parity with the deposits under paragraphs (1) and (2) above, the County shall next deposit into the Bond Amortization Account, if and to the extent required, the sum which, together with Investment Earnings and with moneys therein not theretofore allocated to supplement any previous monthly deposit, will be sufficient to pay one-twelfth (1/12) of the amount of the Amortization Installment for term Bonds which shall become due and payable during the current Bond Year, plus one- twelfth (1/12) of the redemption premium, if any, on such Amortization Installment. Moneys in such Bond Amortization Account shall be used to purchase or redeem Bonds which are term bonds in the marmer provided in the Resolution, and for no other purpose. (4) The County shall next deposit into the Reserve Account a sum sufficient to maintain therein an amount equal to the Maximum Bond Service Requirement. Any withdrawals from the Reserve Account shall be subsequently restored from the first Pledged Revenues available after all required current payments for the Principal Account, the Interest Account and the Bond Amortization Account, including all deficiencies for prior payments, have been made in full. Moneys in the Reserve Account shall be used only for the purpose of the payment of maturing principal of or interest or Amortization Installments on the Bonds when the other moneys in the Sinking Fund are insufficient therefor, and for no other purpose. However, whenever the moneys on deposit in the Reserve Account exceed the Maximum Bond Service Requirement, such excess may be withdrawn and deposited into the Principal Account, the Interest Account or the Bond Amortization Account, at the discretion of the County. .- Upon the issuance of any Additional Parity Bonds under the terms, limitations and conditions as provided in the Resolution, the County shall increase the sum required to be accumulated and maintained on deposit in the Reserve Account to be at least equal to the Maximum Bond Service Requirement on all outstanding Bonds and on the Additional Parity Bonds becoming due in any ensuing Bond Year. Such required sum may be paid in full or in part from the proceeds of such Additional Parity Bonds or may be accumulated in equal monthly payments in the Reserve Account over a period of years, not to exceed thirty-six months, from the date of delivery of the issuance of Additional Parity Bonds, as determined by the Supplemental Resolution. In the event moneys in the Reserve Account are accumulated as provided above, (a) the amount in said Reserve Account on the date of delivery of the Additional Parity Bonds shall not be less than the Maximum Bond Service Requirement on all Bonds outstanding on such date and (b) the incremental difference between the Maximum Bond Service Requirement on all Bonds outstanding on the date of delivery of the Additional Parity Bonds and the Maximum Bond Service 'Requirement on all such Bonds and the Additional Parity Bonds shall be fifty percent funded upon delivery of the Additional Parity Bonds. (5) Moneys held for the credit of the Bond Amortization Account shaU be applied to the retirement of the Term Bonds as follows: (a) Subject to the provisions of subparagraph (b) below, the County shall endeavor to purchase or redeem Term Bonds then outstanding, at the most advantageous price obtainable with reasonable diligence, such price not to exceed the principal of such Term Bonds plus the amount of the redemption premium, if any, which would be payable on the next redemption date to the Holders of such Term Bonds if such Term Bonds should be called for redemption on such date from moneys in the Bond Amortization Account. The County shall pay the interest accrued on such Term Bonds to the date of redemption or purchase thereof from the Interest Account and the purchase price from the Bond Amortization Account, but no such purchase shall be made by the County within the period of forty-five (45) days immediately preceding any interest payment date on which such Term Bonds are subject to call for redemption except from - 13 Agenda Item No.1 OA December 14, 2004 Page 61 of 124 moneys in excess of the amounts set aside or deposited for the redemption of Term Bonds. As soon as practicable after the 45th day preceding the due date of any such Amortization Installment, the County shall proceed to call for redemption on such due date, by giving notice as provided in the Resolution, Term Bonds of the Series and maturity for which such Amortization Installment was established (except in the case of Term. Bonds maturing on an Amortization Installment date) in such amount as shall be necessary to complete the retirement of the unsatisfied balance of such Amortization Installment. (b) Moneys in the Bond Amortization Account shall be applied by the County in each Bond Year to the retirement of the Term. Bonds of each Series to the extent of the Amortization Installment, if any, for such Bond Year for the Term Bonds of each such Series then outstanding, plus the applicable redemption premium, and, if the amount available in such Bond Year shalJ not be sufficient therefor, then in proportion to the Amortization Installment, if any, for such Bond Year for the Term Bonds of each such Series then outstanding, plus the applicable redemption premium. (6) The balance of any Sales Tax Revenues remaining in the Sales Tax Fund after the above required payments have been made may be transferred to the General Fund of the County and be used for any lawful purpose. (7) The County shall not be required to make any further deposits to any account in the Sinking Fund when the aggregate of the sums deposited in the several accounts in the Sinking Fund equals or exceeds the aggregate principal amount of aU Bonds then outstanding and interest then accrued thereon and which shall thereafter accrue thereon to the maturity thereof. Additional Parity Bonds The County may issue additional bonds ("Additional Parity Bonds") from time to time on a parity with the Series 2005 Bonds and the Outstanding Parity Bonds subject to the satisfaction of certain restrictive conditions set forth in the Resolution. Additional Parity Bonds shall only be issued by the County for the construction and acquisition or completion of additional improvements and facilities of the County or refunding the Bonds (in whole or in part) or obligations which are subordinate thereto. Among other conditions, prior to the issuance of Additional Parity Bonds there shall be filed with the County a certificate of an independent certified public accountant (i) stating that the books and records of the County relating to the collection and receipt of Sales Tax Revenues have been audited by said accountant; (ii) setting forth the amount of Sales Tax Revenues received by the County for any 12 consecutive month period within the 18 consecutive months immediately preceding the date of delivery of such Additional Parity Bonds with respect to which such certification is made; and (ill) stating that Sales Tax Revenues received by the County for such 12 month period equal at least 1.35 times the Maximum Bond Service Requirement on all Bonds then outstanding and the Additional Parity Bonds with respect to which such certification is made. See "APPENDIX C - SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION - Issuance of Additional Parity Bonds" attached hereto. Subordinated Indebtedness The County may at any time or from time to time issue evidences of indebtedness which are not Additional Parity Bonds payable in whole or in part out of the Pledged Revenues and which may be secured by a pledge of the Pledged Revenues; provided, however, that such pledge shall be, and shall 14 I Agenda Item No.1 OA December 14, 2004 Page 62 of 124 contain an express statement that such obligations are junior and subordinate in all respects to the Bonds as to lien on and source and security for payment from the Pledged ReveJUles. Books and Records The County will keep books and records of the receipt of the Pledged Revenues in accordance with generally accepted accounting principles, and the Holders of not less than 5% of the aggregate principal amount of the Bonds then outstanding shall have the right at all reasonable times to inspect the records, accounts and data of the County relating thereto. Collection of Sales Tax Revenues; No Impairment The County covenants to do all things necessary as required by the Act to maintain the levy and the collection of the Sales Tax Revenues. The pledging of the Pledged Revenues in the manner provided in the Resolution shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution or other proceedings of the Board. Investments (,,,.,...-., The Construction Fund., the Sales Tax Fund, the Principal Account, the Interest Account, the Reserve Account, the Bond Amortization Account and any other special funds or accounts established in the Resolution and created shall constitute trust funds for the purposes provided in the Resolution for such funds or accounts. All such funds and accounts shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the Laws of the State of Florida. Moneys on deposit in the Construction Fund, the Sales Tax Fund and the Sinking Fund, except for the Reserve Account, may be invested and reinvested, to the extent lawful, in Authorized Investments maturing not later than the date on which the moneys therein will be needed. Moneys on deposit in the Reserve Account may be invested and reinvested only in such obligations described in clauses (1) through (4) of the definition of Authorized Investments in the Resolution, provided they mature no later than five (5) years from the date of investment. See "APPENDIX C - SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION" attached hereto. Prior to the date of completion of the Project, as certified by the County Representative pursuant to the Resolution, any and all income received by the County from the investment of moneys in the Construction Fund shall be retained in the Construction Fund, except as otherwise provided in the Resolution. After such date of completion of the Project, any and all income received by the County from the investment of moneys in any account or fund created pursuant to the Resolution, except the Reserve Account (to the extent the amount therein is greater than the Maximum Bond Service Requirement), shall be retained in such respective fund or account. Any and all income received by the County from the investment of moneys in the Reserve Account (to the extent the amount therein is greater than the Maximum Bond Service Requirement) shall be deposited in such account of the Sinking Fund as shall be determined by the County. Amendment of Resolution without Consent of Bondholders; Control by Insurer in Case of Event of Default The County may enact one or more Supplemental Resolutions amending certain parts of the Resolution with the written consent of the Insurer and the acknowledgment by said Insurer in lieu of Bondholder consent relating to Bonds for which such Insurer has issued a Murúcipal Bond Insurance -- 15 Agenda Item No. 10A December 14,2004 Page 63 of 124 Policy as long as such Insurer has not failed to honor its payment obligations thereunder. The foregoing right to amend, however, does not apply to amendments to the Resolution with respect to the exemption of interest on Bonds from Federal income taxation nor may any such amendment deprive the Holders of any Bond of the right to payment of the Bonds from, and their lien on, the Pledged Revenues. Upon filing with the Clerk of evidence of such consent of the Insurer, the County may adopt such Supplemental Resolution. After the adoption by the County of such Supplemental Resolution, notice thereof shall be mailed in the same manner as notice of an amendment under the Resolution. Upon the occurrence and continuance of an Event of Default, the Insurer, if such Insurer shall not have defaulted under its Municipal Bond Insurance Policy, shall be considered to be the Holder of all Bonds to wmch its Municipal Bond Insurance Policy relates (except for purposes of receipt of notices), and shall be entitled to direct and control the enforcement of all rights and remedies with respect to such Bonds, including, with limitation, any waiver of an Event of Default SALES TAX REVENUES General The State of Florida (the "State") levies and collects a sales tax on, among other t1ùngs, the sales price of each item or article of tangible personal property sold at retail in the State of Florida, subject to certain exceptions and dealer allowances. In 1982, the Florida legislature created the Local Government Half-Cent Sales Tax Program (the "Half-Cent Sales Tax Program") which distributes a portion of the sales tax revenue and money from the State's General Revenue Fund to counties and municipalities that meet strict eligibility requirements. In 1982, when the Half-Cent Sales Tax Program was created, the general rate of sales tax in the State was increased from 4% to 5%, and one-half of the fifth cent was devoted to the Half-Cent Sales Tax Program, thus giving rise to the name "Half-Cent Sales Tax." Although the amount of sales tax revenue deposited into the Half-Cent Sales Tax Program is no longer one-half of the fifth cent of every dollar of the sales price of an item subject to sales tax, the name "Half-Cent Sales Tax" has continued to be utilized. Section 212.20, Florida Statutes, provides for the distribution of sales tax revenues collected by the State of Florida. From 1993 until July I, 2003, the proportion of sales tax revenues deposited in the Local Government Half-Cent Sales Tax Clearing Trust Fund in the State Treasury (the "Trust Fund") had been constant at 9.653% of all state sales tax remitted to the State by a sales tax dealer located wit1ùn a participating county. In 2003, the Florida Legislature, pursuant to Chapter 2003-404, Laws of Florida, amended Section 212.20(6)(d)3., Florida Statutes, to reduce the amount of sales tax revenue transferred to the Trust Fund by 0.1 percent, effective July I, 2003. Therefore, effective July 1, 2003, 9.553% (9.653% prior to July 1, 2003) of the entire sales tax remitted to the State by each sales tax dealer located wit1ùn a particular county (the "Half-Cent Sales Tax Revenues") was deposited in the Trust Fund and is eannarked for distribution to the governing body of such county and each participating municipality wit1ùn that county pursuant to a distribution formula. During the special legislative session ended May 27, 2003, pursuant to Chapter 2003-402, Laws of Florida, the Florida Legislature further amended Section 212.20(6)(d)3., Florida Statutes, to provide that effective July 1, 2004, the base percentage of sales tax proceeds to be deposited in the Trust Fund after certain required deposits to other State funds, would be reduced from 9.653% to 8.814%. The legislative intent of Chapter 2003-402, Laws of Florida, was to freeze for one fiscal year the total amount of Half-Cent Sales Tax Revenues distributed to the counties and municipalities throughout the State at the level of such distributions for the State fiscal year ended June 30, 2004. If the actual effect of Chapter 2003-402, Laws of Florida, achieves such legislative intent, 16 I Agenda Item No.1 OA December 14, 2004 Page 64 of 124 the Hall-Cent Sales Tax Revenues received by the County for the State fiscal year ended June 30, 2005 will be approximately the same as the Half-Cent Sales Tax Revenues received by the County for the State fiscal year ended June 30, 2004, after which the Half-Cent Sales Tax Revenues would be expected to increase or decrease in each subsequent fiscal year relative to fluctuations in total taxable sales in the County, provided no other legislative changes are enacted. The combined effect of Chapter 2003-404, Laws of Florida, and Chapter 2003-402, Laws of Florida, is that, effective July 1, 2004, the percentage of Half-Cent Sales Tax Revenues deposited in the Trust Fund was reduced to 8.814%. The general rate of sales tax in the States is currently 6.00%. Accordingly, for every dollar of taxable sales price of an item, effective July I, 2004, approximately 0.529 cents is deposited into the Trust Fund. The Half-Cent Sales Tax Revenues are distributed from the Trust Fund on a monthly basis to participating units of local government in accordance with Part VI, Chapter 218, Florida Statutes (the "Sales Tax Act"). As of October 1, 2001, the Trust Fund began receiving a portion of certain taxes imposed by the State on the sales of communication services (the "CST Revenues'1 pursuant to Chapter 202, Florida Statutes (the "CST Law"). Accordingly, moneys distributed from the Trust Fund now consist of funds derived from both general sales tax proceeds and CST Revenues required to be deposited into the Trust Fund. All moneys distributed to the County from the Trust Fund (whether derived for the general sales tax or from CST Revenues) constitute Sales Tax Revenues for purposes of the Resolution and are a part of the Pledged Revenues pledged to the payment of the Bonds. Moneys received by the County pursuant to the CST Law that are DQ! deposited in the Trust Fund do nQ1 constitute Sales Tax Revenues and are ill!1 pledged to the payment of the Bonds pursuant to the Resolution. Eligibility To be eligible to participate in the Hall-Cent Sales Tax Program, each municipality and county is required to have: (i) -- reported its finances for its most recently completed fiscal year to the State Department of Financial Services as required by Florida law; (ü) made provisions for annual post audits of financial accounts in accordance with provisions of law; (ill) levied, as shown on its most recent financial report, ad valorem taxes, exclusive of taxes levied for debt service or other special millages authorized by the voters, to produce the revenue equivalent to a millage rate of three (3) mills on the dollar based upon 1973 taxable values or, in order to produce revenue equivalent to that which would otherwise be produced by such three (3) mill ad valorem tax, to have collected an occupational license tax, utility tax, or ad valorem tax, or any combination of those three sources¡ (iv) certified that persons in its employ as law enforcement officers meet certain qualifications for employment, and receive certain compensation;r (v) certified that persons in its employ as firefighters meet certain employment qualifications and are eligible for certain compensation; (vi) certified that each dependent special district that is budgeted separately from the general budget of such county or municipality has met the provisions for annual post audit of its fInancial accounts in accordance with law; and 17 Agenda Item No.1 OA December 14, 2004 Page 65 of 124 (vü) certified. to the Florida Department of Revenue that it has complied with certain procedures regarding the establishment of the ad valorem tax millage of the county Or municipality as required by law. Although the Sales Tax Act does not impose any limitation on the number of years during which a county or municipality may receive distributions of the Half-Cent Sales Tax Revenues from the Trust Fund, there may be amendments to the Sales Tax Act in subsequent years imposing additional requirements of eligibility for counties and municipalities participating in the Half-Cent Sales Tax Revenues, or the distribution formulas in Sections 212.20(6)(d) or 218.62, Florida Statutes, may be revised. To be eligible to participate in the Trust Fund in future years, the County must comply with the financial reporting and other requirements of the Sales Tax Act. Otherwise, the County would lose its Trust Fund distributions for twelve (12) months following a "detennination of noncompliance" by the State Department of Revenue. Pursuant to the Resolution, the County has covenanted to take all action necessary or required to continue to entitle the County to receive its portion of the Half-Cent Sales Tax Revenues (Le., the Sales Tax Revenues). The County has always maintained eligibility to receive the Sales Tax Revenues. Distribution Half-Cent Sales Tax Revenues collected within a county and deposited in the Trust Fund are distributed among such county and the eligible municipalities therein in accordance with the following fonnuIa: County's Share (percentage of total Sales Tax Revenues) unincorporated county population + total county population + 2/3 incorporated area population 2/3 incorporated area population Municipal Share (percentage of total Sales Tax Revenues) total county population municipality population 2/3 incorporated + area population [Remainder of page intentionally left blank] 18 Agenda Item No.1 OA December 14,2004 Page 66 of 124 /- Distribution Percentages Below are the approximate distribution percentages for the County and for the three municipalities within the County (the City of Naples, the City of Marco Island and the City of Everglades City) for the past five years: State Fiscal Year Percentage of Half-Cent Sales Tax Distribution to Collier County PercentageofHal~cent Sales Tax Distribution to Municipalities within Çollier County 2000 2001 2002 2003 2004 85.34% 85.86 86.69 87.08 87.57 14.66% 14.14 13.31 12.92 12.43 Source: State of Florida, Department of Revenue. "Sales Tax Revenues" is defined in the Resolution to mean the proceeds of the local government half-oent sales tax, as defined and described in, and distributed to the County under Part VI, Chapter 218, Florida Statutes. Historical Receipts of Sales Tax Revenues by the County ,,-.. Fiscal Year Ended September 30 Unaudited Sales Tax Revenues Percenta~e O1anie 2000 2001 2002 2003 2004 $23,715,339 25,794,562 26,611,449 27,845,618 31,323,401 8.77% 3.17 4.64 12.50 Source: Collier County Finance Department. [Remainder of page intentionally left blank] ".-. 19 Agenda Item No.1 OA December 14,2004 Page 67 of124 Pro-Forma Debt Service CoveJ'age Maximum Annual Debt Servicew Sales Tax Revenues for the Fiscal Year Ended Scwtember 30. 2004 Pro-Forma Debt Service Coverap! $19,940,823 $31,323,401 l.S7x (I) Includes actual debt service on the Outstanding Parity Bonds and the estimated debt service on the Series 2005 Bonds provided by the County's Financial Advisor based on an estimated issue size of $160,150,000, true interest cost rate of 4.56%, and a final maturity date of October 1, 2035. The amount of Half-Cent Sales Tax Revenues distributed to the County is subject to increase or decrease due to (i) increases or decreases in the dollar volume of taxable sales within the County, (ii) legislative changes relating to the sales tax, which may include changes in the scope of taxable sales, changes in the tax rate and changes in the amount of sales tax revenue deposited into the Trust Fund, and (iii) other factors which may be beyond the control of the County or the Series 2005 Bondholders, including but not limited to the potential for increased use of electrolÚc commerce and other internet- related sales activity that could have a material adverse impact upon the amount of sales tax collected by the State of Florida and then distributed to the County. In particular, the share of the Half-Cent Sales Tax Revenues collected within the County and deposited in the Trust Fund which is to be distributed to the County will be affected by changes in the relative populations of the unincorporated and incorporated areas within the County. Such relative populations are subject to change through normal increases and decreases in population within the existing unincorporated and incorporated areas of the County and are also subject to change by the annexation of previously unincorporated areas of the County by the municipalities within the County. Such annexations would not only increase the population of the incorporated areas but also would, in equaI amount, decrease the population of the unincorporated areas. [Remainder of page intentionally left blank] 20 I Agenda Item No.1 OA December 14, 2004 Page 68 of 124 ESTIMATED SOURCES AND USES OF FUNDS The table that follows summarizes the estimated sources and uses of funds relating to the sale of the Series 2005 Bonds: SOURCES: Principal Amount of Series 2005 Bonds Other Legally Available Moneys(1) Net Original Issue (Discount) $ TOTAL SOURCES $ USES: Deposit to Construction Fund Deposit to Escrow Fund(2) Pa~entofPriorNotes Costs of Issuanc&) $ TOTAL USES $ (3) Includes moneys on deposit in certain funds and accounts established with respect to the Refunded Bonds. Moneys on deposit in the Escrow Fund shall be used to pay the principal of, redemption premium, and interest on the Refunded Bonds. Includes Municipal Bond Insurance Policy premium, 2005 Reserve Account Insurance Policy premium and Underwriter's discount, financial advisory and legal fees and expenses, and miscellaneous costs of issuance. (1) (2) ",-- [Remainder of page intentionally left blank] ..~ 21 Agenda Item No. 10A December 14, 2004 Page 69 of 124 DEBT SERVICE SCHEDULE Series 2005 Bonds Bond Year Combined Ended Annual Outstanding Parity Bonds Annual October 1 Principal InW:ät Debt Service Annual Debt Service Debt Service 2005 $ $ $ $ 9,809,628.76 2006 7,820,528.76 2007 7,156,708.76 2008 7,157,628.76 2009 7,156,428.76 2010 7,157,283.76 2011 7,155,258.76 2012 6,208,121.26 2013 6,205,096.26 2014 5,606,326.26 2015 5,605,656.26 2016 5,600,056.26 2017 5,603,143.76 2018 5,603,543.76 2019 5,604,250,00 2020 5,605,575.00 2021 5,602,800.00 2022 2,692,250.00 2023 2,692,275.00 2024 2,694,150.00 2025 2,695,525.00 2026 2,693,200.00 2027 2,692,175.00 2028 2,694,787.50 2029 2,692,887.50 2030 2,696,475.00 2031 2,695,075.00 2032 2,693,687.50 2033 2,692,075.00 2034 2035 TOTALS $ $ $ $142,982,597.64 $ [Remainder of page intentionally left blank] 22 , Agenda Item No.1 OA December 14,2004 Page 70 of 124 MUNICIPAL BOND INSURANCE The following information under this heading has been furnished by (the "Insurer") for use in this Official Statement. Reference is made to "APPENDIX D _ SPECIMEN MUNICIPAL BOND INSURANCE POUCY" attached hereto for a specimen of the Insurer's policy. [To Come] THE INFORMATION RELATING TO THE INSURER CONTAINED ABOVE HAS BEEN FURNISHED BY THE INSURER. NO REPRESENTATION IS MADE BY mE COUNTY OR THE UNDERWRITER AS TO THE ACCURACY OR ADEQUACY OF SUCH INFORMATION OR THAT THERE HAS NOT BEEN ANY MATERIAL ADVERSE CHANGE IN SUCH INFORMATION SUBSEQUENT TO THE DATE OF SUCH INFORMATION. NEITHER THE COUNTY NOR THE UNDERWRITER MADE ANY INVESTIGATION INTO THE FINANCIAL CONDITION OF THE INSURER, AND NO REPRESENTATION IS MADE AS TO THE ABILITY OF THE INSURER TO MEET ITS OBUGATIONS UNDER THE MUNICIPAL BOND INSURANCE POUCY. RESERVE PRODUcrS 2005 Reserve Account Insurance Policy -- Concurrently with the issuance of the Series 2005 Bonds, the Insurer will issue its surety bond (the "2005 Reserve Account Insurance Policy") for deposit into the Reserve Account. A general description of the Insurer's financial condition is contained under the heading ''MUNICIPAL BOND INSURANCE" herein. A form of the 2005 Reserve Account Insurance Policy is attached hereto as "APPENDIX E _ SPECIMEN 2005 RESERVE ACCOUNT INSURANCE POUCY." The following information under this heading has been furnished by the Insurer for use in this Official Statement. The Resolution requires the establishment of a Reserve Account and the funding thereof in an amount at least equal to $ (the "Maximum Bond Service Requirement"), and authorizes the County to obtain the 2005 Reserve Account Insurance Policy in place of funding the Reserve Account with cash. Taking into account the face amount of the 2002 Reserve Account Insurance Policy hereinafter described (see "-2002 Reserve Account Insurance Policy" herein), the face amount of the 2003 Reserve Account Insurance Policy hereinafter described (see "-2003 Reserve Account Insurance Policy" herein) and the initial face amount of the 2005 Reserve Account Insurance Policy equal to $ . the Reserve Account shall be fully funded upon the issuance of the Series 2005 Bonds. [As of Odober ·1, 2021 through September 30, 2033, the face amount of the 2005 Reserve Account Insurance Policy will be $ , which is the remaining Maximum Bond Service Requirement on the Bonds from and after Odober 1, 2021. As of October I, 2033 through [September 30, 20351 the face amount of the 2005 Reserve Account Insurance Policy will be $ , which is the remaining Maximum Bond Service requirement on the Bonds from and after Odober 1, 2033.1 Accordingly, application has been made to the Insurer for the issuance of the 2005 Reserve Insurance Account Policy in such amount for the purpose of satisfying the requirement to have on deposit in the Reserve Account an amount equal to at least the Maximum Bond Service Requirement. See "APPENDIX C _ stJJ\ß1ARY OF CERTAIN PROVISIONS OF THE RESOLUTION" attached hereto. The Series 201;)5 Bonds will only be delivered upon the issuance of such 2005 Reserve Account Insurance -- 23 Agenda Item No.1 OA Decernber14, 2004 Page 71 of 124 Policy. The premium on the 2005 Reserve Accmmt Insurance Policy is to be fully paid at or prior to the issuance and delivery of the Series 2005 Bonds. [To Come] THE INFORMATION RELATING TO THE INSURER CONTAINED ABOVE HAS BEEN FURNISHED BY THE INSURER NO REPRESENTATION IS MADE BY THE COUNTY OR THE UNDERWRITER AS TO THE ACCURACY OR ADEQUACY OF suœ INFORMATION OR THAT THERE HAS NOT BEEN ANY MATERIAL ADVERSE CHANGE IN SUCH INFORMATION SUBSEQUENT TO THE DATE OF SUCH INFORMATION. NEITHER THE COUNTY NOR THE UNDERWRITER HAS MADE ANY INVESTIGATION INTO THE FINANOAL CONDmON OF THE INSURER, AND NO REPRESENTATION IS MADE AS TO THE ABILITY OF THE INSURER TO MEET ITS OBUGATIONS UNDER THE 2005 RESERVE ACCOUNT INSURANCE POLICY. 2003 Reserve Account Insurance Policy Prior to the issuance of the Series 2005 Bonds, Ambac Assurance Corporation issued its surety bond (the "2003 Reserve Account Insurance Policy") for deposit into the Reserve Account. The 2003 Reserve Account Insurance Policy is an Additional Funding Instrument. A copy of the 2003 Reserve Account Insurance Policy is attached hereto as "APPENDIX F - 2003 RESERVE ACCOUNT INSURANCE POLICY." 2002 Reserve Account Insurance Policy Prior to the issuance of the Series 2005 Bonds, Financial Guaranty Insurance Corporation ("FGIC") issued. its Municipal Bond Debt Service Reserve Account Insurance Policy (the "2002 Reserve Account Insurance Policy") for deposit into the Reserve Account The 2002 Reserve Account Insurance Policy is an Additional Funding Instrument. A copy of the 2002 Reserve Account Insurance Policy is attached hereto as "APPENDIX G - 2002 RESERVE ACCOUNT INSURANCE POLICY." INVESTMENT POLICY The moneys held in the funds and accounts under the Resolution may only be invested in Authorized. Investments (as defined in the Resolution). The investment of surplus funds is currently governed. by the provisions of the County's Ordinance No. 87-65 and Resolution No. 95-552 which authorize investments for surplus public funds in the permitted investments described in Section 218.415, Florida Statutes. Pursuant to Resolution No. 95-552, the Clerk of the Circuit Court (the "Oerk") has established a written investment policy for the such surplus funds. The investment policy establishes guidelines as to the type, maturity, composition and risk relating to the County's investment portfolio. Pennitted investments pursuant to such investment policy include the following: 1. Florida Local Government Surplus Trust Fund (State Board of Administration ("SBA"»; 2. US Government Securities - Direct Obligations; 3. US Federal Agencies - Backed by Full Faith and Credit of US Government; 24 - 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Agenda Item No.1 OA December 14, 2004 Page 72 of 124 US Federal Instrumentalities - US Federal Agency Securities Not Backed by Full Faith and Credit of US Government, except for Student Loan Marketing Association; Certificates of Deposit - Collateralized with US Government Securities or Federal Agencies; Repurchase Agreements; Fixed Income Mutual Funds - Collateralized with US Government Securities or Federal Agencies; Domestic Bankers Acceptances - Rated "AA" or higher, and inventory based; Prime Commercial Paper - Rated "A-I" and "P-l," and backed by a letter of credit rated "AA" or higher; Tax-Exempt Obligations· Rated "AA" or higher and issued by state or local governments; Now Account - Fully collateralized in accordance with Chapter 280, Florida Statutes (limited to Depository Bank/Concentration Bank); Variable.Rate Securities only if the rate is a straight floating rate that is set in a direct, as opposed to inverse, relationship to a single index; and Mortgage Securities (CMOs) only if they are: a. Issued by US Federal Agencies or US Federal Instrumentalities, b. Pass the Federal Financial Investment Examination Council (FFlEC) test at time of purchase, and c. Have an average life of five (5) years or less and have an absolute final maturity of no more than fifteen (15) years at zero PSA. The term "zero PSA" means that all interest and principal payments are guaranteed to be made by the stated final maturity assuming no prepayments. Specifically prohibited investments include the following: 1. Interest only strips of mortgaged backed securities; 2. Leveraged bonds; 3. Structured notes or fmancings other than mortgage securities that meet the provisions of the investment policy (permit callable and step up coupons); 4. Variable rate securities that set a rate based on an inverse relationship to an index; and 5. Variable rate debt that sets a rate based on more than a single index. The objective of the investment policy is to match investment cash flow and maturity with known cash needs and anticipated cash flow requirements (i.e., match assets to liabilities) to the extent possible. Investment of funds shall have final maturities of not more than five (5) years, except for: ,.- 1. 2. 3. 4. 5. 6. SBA - no stated final maturity; Certificates of Deposit· 1 Year; Repurchase Agreements - 90 Days; Bankers Acceptances - 120 Days; Prime Commercial Paper - 120 Days; Fixed Income Mutual Funds - no stated fina1 maturity. However, underlying US Government Securities and Federal Agencies have average maturity of 1 year; Mortgage Securities - average life of 5 years or less and have an absolute final maturity of no more than 15 years at zero PSA; and US Government Securities and Federal Agencies deposited into an escrow account in connection with the refunding of a County bond issue can have a final maturity of more than 5 years. 7. 8. 25 Agenda Item No. 10A December 14,2004 Page 73 of 124 Mortgage securities shall not be used to match liabilities that are reasonably definable as to amount and disbursement date. Mortgage securities can only be used to invest funds associated with reserves or liabilities that are not associated with a specifically identified cash flow schedule. Mortgage securities can be used to prudently enhance the return on the portfolio. Any and all exceptions to the investment policy require a vote of the majority of Board. Furthermore, the Board may revise the aforementioned investment policy from time to time. LEGAL MATI'ERS Certain legal matters incident to the validity of the Series 2005 Bonds are subject to the approval of Nabors, Giblin & Nickerson, P.A., Bond Counsel, Tampa, Florida whose approving opinion in substantially the form attached hereto as "APPENDIX H -FORM OF BOND COUNSEL OPINION" will be furnished without charge to the purchasers of the Series 2005 Bonds at the time of their delivery. The actual legal opinion to be delivered may vary from that text if necessary to reflect facts and law on the date of delivery. The opinion will speak only as of its date, and subsequent distribution of it by recirculation of the Official Statement or otherwise shall create no implication that subsequent to the date of the opinion Bond Counsel has reviewed or expresses any opinion concenùng any of the matters referenced in the opinion. Nabors, Giblin & Nickerson, PA has not undertaken independently to verify and therefore expresses no opinion as to the accuracy, completeness, fairness, or sufficiency of any of the information or statements contained in this Official Statement or any exhibits, schedules or attachments hereto except as to the accuracy of the information under the headings captioned "DESCRIPTION OF THE SERIES 2005 BONDS" (except for the information under the heading "Book-Entry Only System") and "SECURITY FOR THE BONDS" to the extent such information purports to summarize certain provisions of the Resolution and except as to the accuracy of the information under the caption "TAX EXEMPTION" herein. Certain legal matters will be passed upon by David C. Weigel, Esq., County Attorney, and by Bryant Miller & Olive PA, Tampa, Florida, Disclosure Counsel. UTlGA TION There is no pending or, to the knowledge of the County, any threatened litigation against the County of any nature whatsoever which in any way questions or affects the validity of the Series 2005 Bonds, or any proceedings or transactions relating to their issuance, sale, execution, or delivery, or the adoption of the Resolution, or the pledge of the Pledged Revenues. Neither the creation, organization or existence, nor the title of the present members of the Board, or other officers of the County is being contested. The Board has been named as a defendant in a lawsuit originally filed on January 10,2003, in the Circuit Court for the Twentieth Circuit, Collier County. The case is styled Century Development uf Collier County, Inc., et al. v.¡eb Bush, et al., Case No. 03-117-CA-HTH. The suit, which also names the individual members of the State of Florida Administration Commission as defendants, has been brought by Century Development of Collier County, Inc., Joseph DeFrancesco, Ricardo A. Haylock and Mildred Haylock, Francis D. Hussey, Mary Pat Hussey, and Anne Kornfeld, as class representatives for approximately 400 to 500 persons owning property in that area of the County known as North Belle Meade. The plaintiffs 26 Agenda Item No.1 OA December 14,2004 Page 74 of 124 seek monetary relief from the Board for the purported inverse condemnation of property in North Belle Meade that allegedly results from the Board's enactment of an ordinance and comprehensive plan amendments. The plaintiffs contend that the ordinance and comprehensive plan amendments imposed a moratorium on the North Belle Meade properties, the effect of wlúch was a temporary deprivation of all or substantially all beneficial use of such properties, including but not limited to certain mining rights. The plaintiffs did not identify in the Complaint the amount of damages being sought. On February 24, 2004, both the County and the Administration Commission filed motions to dismiss. The lawsuit was subsequently dismissed for lack of prosecution and then was refiled by the plaintiffs on September 8, 2004. On November 19,2004, the County served a motion to dismiss the refiled complaint. Based upon the allegations as currently pled, the Board has a reasonable likelihood of prevailing. At this time, however, the County is unable to predict whether and how the complaint may be amended and, therefore, is unable to predict whether the plaintiffs will be successful in this action and, if successful, the extent of the Board's ultimate liability. However, whether or not the plaintiffs are sucœssfu~ any potential liability is not expected to affect the County's ability to pay the principal and interest on the Series 2005 Bonds. ",.- In addition, the County Manager received approximately 558 purported claims under the Bert J. Harris, Jr. Private Property Protection Act, Chapter 70, Florida Statutes, on or about July 21, 2004. These purported claims potentially relate to the issues in the Century Development lawsuit as well as potential additional issues concerning land use regulations imposed in approximately the same geographic area pursuant to state law. At this very preliminary stage, the County is reviewing these individual purported claims but is unable to predict whether the claims will lead to suits and whether, in such an event, any of the claims might be successful or the potential extent of the County's ultimate liability. However, whether or not claimants are successful in any suits wlúch may be filed, any potential liability is not expected to affect the County's ability to pay the principal and interest on the Series 2005 Bonds. The County experiences other claims, litigation, and various legal proceedings wlúch individually are not expected to have a material adverse effect on the operations or financial condition of the County, but may, in the aggregate, have a material impact thereon. In the opinion of the County Attorney, however, except as noted above, the County will either successfully defend such actions or otherwise resolve such matters without any material adverse consequences on the financial condition of the County. DISCLOSURE REQUŒED BY FLORIDA BLUE SKY REGULATIONS Pursuant to Section 517.051, Florida Statutes, as amended, no person may directly or indirectly offer or sell securities of the County except by an offering circular containing full and fair disclosure of all defaults as to principal or interest on its obligations since December 31, 1975, as provided by rule of the Florida Department of Banking and Finance (the "Department"). Pursuant to Rule 3E-400.003, Florida Administrative Code, the Department has required the disclosure of the amounts and types of defaults, any legal proceedings resulting from such defaults, whether a trustee or receiver has been appointed over the assets of the County, and certain additional financial information, unless the County believes in good faith that such information would not be considered material by a reasonable investor. The County is not and has not been in default on any bond issued since December 31, 1975 wlúch would be considered material by a reasonable investor. 27 Agenda Item No. 10A December 14, 2004 Page 75 of 124 TAX EXEMPTION Opinion of Bond Counsel In the opinion of Bond Counsel, the form of which is included as "APPENDIX H _ FORM OF BOND COUNSEL OPINION" attached hereto, the interest on the Series 2005 Bonds is excludable from gross income for federal income tax purposes and is not a specific item of tax preference for federal income tax purposes under existing statutes, regulations, rulings and court decisions. However, interest on the Series 2005 Bonds is taken into account in determining adjusted current earnings for purposes of computing the federal alternative minimum tax imposed on corporations pursuant to the Internal Revenue Code of 1986, as amended (the "Code"). Failure by the County to comply subsequently to the issuance of the Series 2005 Bonds with certain requirements of the Code, regarding the use, expenditure and investment of Series 2005 Bonds proceeds and the timely payment of certain investment earnings to the Treasury of the United States, may cause interest on the Series 2005 Bonds to become includable in gross income for federal income tax purposes retroactive to their date of issuance. The County has covenanted in the Resolution to comply with all provisions of the Code necessary to, among other things, maintain the exclusion from gross income of interest on the Series 2005 Bonds for purposes of federal income taxation. In rendering its opinion, Bond Counsel has assumed continuing compliance with such covenants. Internal Revenue Code of 1986 The Code contains a number of provisions that apply to the Series 2005 Bonds, including, among other things, restrictions relating to the use or investment of the proceeds of the Series 2005 Bonds and the payment of certain arbitrage earnings in excess of the "yield" on the Series 2005 Bonds to the Treasury of the United States. Noncompliance with such provisions may resuJt in interest on the Series 2005 Bonds being included in gross income for federal income tax purposes retroactive to their date of issuance. Collateral Tax Consequences Except as described above, Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of, the Series 2005 Bonds. Prospective purchasers of Series 2005 Bonds should be aware that the ownership of Series 2005 Bonds may result in other collateral federal tax consequences. For example, ownership of the Series 2005 Bonds may result in collateral tax consequences to various types of corporations relating to (1) denial of interest deduction to purchase or carry such Series 2005 Bonds, (2) the branch profits tax, and (3) the inclusion of interest on the Series 200S Bonds in passive income for certain Subchapter S corporations. In addition. the interest on the Series 200S Bonds may be included in gross income by recipients of certain Social Security and Railroad Retirement benefits. PURCHASE, OWNERSHIP, SALE OR DISPOSmON OF THE SERIES 2005 BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND CORPORATE BONDHOLDERS, INCLUDING, BlIT Nar LIMITED TO, TIlE CONSEQUENCES REFERRED TO ABOVE. PROSPECfIVE SERIES 2005 BONDHOLDERS SHOULD CONSULT WITH THEIR TAXSPECIALISrS FOR INFORMATION IN THAT REGARD. 28 , Agenda Item No.1 OA December 14,2004 . Page 76 of 124 r- Florida Taxes In the opinion of Bond Counsel, the Series 2005 Bonds and the income thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. Other Tax Matters Interest on the Series 2005 Bonds may be subject to state or local income taxation under applicable state or local laws in other jurisdictions. Purchasers of the Series 2005 Bonds should consult their own tax advisors as to the income tax status of interest on the Series 2005 Bonds in their particular state or local jurisdiction. During recent years, legislative proposals have been introduced in Congress, and in some cases enacted, that altered certain federal tax consequences resulting from the ownership of obligations that are similar to the Series 2005 Bonds. In some cases, these proposals have contained provisions that altered these consequences on a retroactive basis. Such alterations of federal tax consequences may have affected the market value of obligations similar to the Series 2005 Bonds. From time to time, legislative proposals are pending which could have an effect on both the federal tax consequences resulting from ownership of the Series 2005 Bonds and their market value. No assurance can be given that additional legislative proposals will not be introduced or enacted that would or might apply to, or have an adverse effect upon, the Series 2005 Bonds. Tax Treatment of Original Issue Discount --- Bond Counsel is further of the opinion that the difference between the principal amount of the Series 2005 Bonds maturing _ through ---J inclusive and on _ (collectively the "Discount Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which price a substantial amount of such Discount Bonds of the same maturity was sold constitutes original issue discount which is excludable from gross income for federal income tax purposes to the same extent as interest on the Series 2005 Bonds. Further, such original issue discount accrues actuarially on a constant interest rate basis over the term of each Discount Bond and the basis of each Discount Bond acquired at such initial offering price by an initial purchaser thereof will be increased by the amount of such accrued original issue discount. The accrual of original issue discount may be taken into account as an increase in the amount of tax- exempt income for purposes of determining various other tax consequences of owning the Discount Bonds, even though there will not be a corresponding cash payment. Owners of the Discount Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Discount Bonds. Tax Treatment of Bond Premium The difference between the principal amount of the Series 2005 Bonds maturing on _ through --J inclusive and on _ (collectively, the "Premium Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which price a substantial amount of such Premium Bonds of the same maturity was sold constitutes to an initial purchaser amortizable bond premium which is not deductible from gross income for Federal income tax purposes. The amount of amortizable bond premium for a taxable year is determined actuarially on a constant interest rate basis over the term of each Premium Bond which term ends on the earlier of the maturity or optional call date for such Premium Bond which - 29 Agenda Item No. 10A December 14, 2004 Page 77 of 124 results in the lowest yield on such Bond to the purchaser thereof. For purposes of determining gain or loss on the sale or other disposition of a Premium Bond, an initial purchaser who acquires such obligation in the initial offering to the public at the initial offering price is required to decrease such purchaser's adjusted basis in such Premium Bond annually by the amount of amortizable bond premium for the taxable year. The amortization of bond premium may be taken into account as a reduction in the amount of tax-exempt income for purposes of determining various other tax consequences of owning such Premium Bonds. Owners of the Premium Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Premium Bonds. RATINGS Fitch Ratings ("Fitch"), Moody's Investors Service, Inc. ("Moody's") and Standard & Poor's Ratings Services ("S&P") are expected to assign their municipal bond ratings of "AAA," "Asa" and "AAA," respectively, to the Series 2005 Bonds with the understanding that upon delivery of the Series 2005 Bonds, the Municipal Bond Insurance Policy will be issued by the Insurer. In addition, Fitch, Moody's and S&P have assigned underlying ratings of "AA-," "A1" and "AA-," respectively, without giving any regard to such Municipal Bond Insurance Policy. The ratings reflect amy the views of said rating agencies and an explanation of the ratings may be obtained amy from said rating agencies. There is no assurance that such ratings will continue for any given period of time or that they will not be lowered or withdrawn entirely by the rating agencies, or any of them, if in their judgment, circumstances so warrant. A downward change in or withdrawal of any of such ratings, may have an adverse effect on the market price of the Series 2005 Bonds. An explanation of the significance of the ratings can be received from the rating agencies, at the following addresses: Fitch Ratings, One State Street Plaza, New York, New York 10004, Moody's Investors Service, Inc., 99 Church Street, New York, New York 10007-2796 and Standard & Poor's Ratings Services, 55 Water Street, New York, New York 10041. VERIFICATION OF MATIlEMA TICAL COMPUTATIONS At the time of the delivery of the Series 2005 Bonds, Causey Demgen & Moore, Inc., Denver, Colorado, a finn of independent certified public accountants, will deliver a report on the mathematical accuracy of the computations contained in schedules provided to them and prepared by Public Financial Management, Inc. on behalf of the County relating to the sufficiency of the anticipated cash and maturing principal amounts of and interest on the Obligations of the United States of America to pay, when due, the principal upon prior redemption, interest and call premium requirements of the Refunded Bonds. FINANCIAL ADVISOR The County has retained Public Financial Management, Inc., Fort Myers, Florida, as Financial Advisor in connection with the County's financing plans and with respect to the authorization and issuance of the Series 2005 Bonds. The Financial Advisor is not obligated to undertake and has not undertaken to make an independent verification or to assume responsibility for the accuracy, completeness, or fairness of the information contained in the Official Statement. The Financial Advisor did not participate in the underwriting of the Series 2005 Bonds. The Financial Advisor may receive a fee for bidding investments for certain proceeds of the Series 2005 Bonds. 30 I Agenda Item No.'10A December 14,2004 Page 78 of 124 AUDITED FINANCIAL STATEMENTS The General Purpose Financial Statements of the County for the fiscal year ending September 30, 2003, and report thereon of KPMG LLP (the "Independent Certified Public Accountant") are attached hereto as "APPENDIX B _ AUDITED FINANCIAL STATEMENTS OF COLLIER COUNTY FOR FISCAL YEAR ENDED SEPTEMBER 3D, 2003." Such statements speak only as of September 30, 2003. Such statements, including the report of the Independent Certified Public Accountant, have been included in this Official Statement as public documents and the consent of the Independent Certified Public Accountant to include such documents herein was not requested. The Series 2005 Bonds are payable solely from the Pledged Revenues as described. in the Resolution and herein and the Series 2005 Bonds are not otherwise secured by, or payable from, the general revenues of the County. See "SECURITY FOR THE BONDS" herein. The General Purpose Financial Statements are presented for general information purposes only. UNDERWRITING ~. The Series 2005 Bonds are being purchased by (the "Underwriter") at an aggregate purchase price of $ (which includes net original issue discount of $ and Underwriter's discount of $ ). The Underwriter's obligations are subject to certain conditions precedent described in the Official Notice of Sale which was prepared by the County, and it will be obligated to purchase all of the Series 2005 Bonds if any Series 2005 Bonds are purchased. The Series 2005 Bonds may be offered and sold to certain dealers (including dealers depositing such Series 2005 Bonds into investment trusts) at prices lower than such public offering prices, and such public offering prices may be changed, from time to time, by the Underwriter. CONTINGENT FEES The County has retained Bond Counsel, the Financial Advisor and Disclosure Counsel with respect to the authorization, sale, execution and delivery of the Series 2005 Bonds. Payment of the fees of such professionals and an underwriting discount to the Underwriter are each contingent upon the issuance of the Series 2005 Bonds. ENFORCEABILITY OF REMEDIES The remedies available to the owners of the Series 2005 Bonds upon an event of default under the Resolution, the MUIÙcipal Bond Insurance Policy, the 2005 Reserve Account Insurance Policy, the 2003 Reserve Account Insurance Policy and the 2002 Reserve Account Insurance Policy are in many respects dependent upon judicial actions which are often subject to discretion and delay. Under existing constitutional and statutory law and judicial decisions, including specifically the federal bankruptcy code, the remedies specified by the Resolution. the Series 2005 Bonds, the Municipal Bond Insurance Policy, the 2005 Reserve Account Insurance Policy, the 2003 Reserve Account Insurance Policy and the 2002 Reserve Account Insurance Policy may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the Series 2005 Bonds, including Bond Counsel's approving opinion, will be qualified, as to the enforceability of the remedies provided in the various legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency or other ;--- 31 Agenda Item No.1 OA December 14, 2004 Page 79 of 124 similar laws affecting th~ rights of creditors enacted before of after such delivery. See "APPENDIX C- SUMMARy OF CERTAIN PROVISIONS OF 'THE RESOLUTION" attached hereto for a description of events of default and remedies. CONTINUING DISCLOSURE The County has covenanted for the benefit of the Series 2005 Bondholders to provide certain financial information and operating data relating to the County and the Series 2005 Bonds in each year, and to provide notices of the occurrence of certain enumerated material events. The County has agreed to file annual financial information and operating data and its audited financial statements with each nationally recognized municipal securities information repository then approved by the Securities and Exchange Commission (the "NRMSIRs"), as well as any state information depository that is established in the State (the "SID"). Currently, there are no such SIDs. The County has agreed to file notices of certain enumerated material events, when and if they occur, with the NRMSIRs or the Municipal Securities Rulemaking Board, and with the SIDs, if any. The specific nature of the financial information, operating data, and of the type of events which trigger a disclosure obligation, and other details of the undertaking are described in "APPENDIX I _ FORM OF CONTINUING DISCLOSURE CERTIFICATE" attached hereto. The Continuing Disclosure Certificate shall be executed by the County prior to the issuance of the Series 2005 Bonds. These covenants have been made in order to assist the Underwriter in complying with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "Rule"). With respect to the Series 2005 Bonds, no party other than the County is obligated to provide, nor is expected to provide, any continuing disclosure information with respect to the Rule. The County has never failed to comply with any prior agreements to provide continuing disclosure information pursuant to the Rule. ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT The references, excerpts, and summaries of all documents, statutes, and information concerning the County and certain reports and statistical data referred to herein do not purport to be complete, comprehensive and definitive and each such summary and reference is qualified in its entirety by reference to each such document for full and complete statements of all matters of fact relating to the Series 2005 Bonds, the security for the payment of the Series 2005 Bonds and the rights and obligations of the owners thereof and to each such statute, report or instrument. Copies of such documents may be obtained from either the office of the Clerk of the Board of County Commissioners, Collier County Government Complex, 3301 East Tamiami Trail, Building F, Naples, Florida 34112, telephone: (239) 774-8383 or the County's Financial Advisor, Public Financial Management, Inc., 13350 Metro Parkway, Suite 302, Fort Myers, Florida 33912, telephone (239) 939-3009. Any statements made in this Official Statement involving matters of opinion or of estimates, whether or not so expressly stated are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized. Neither this Official Statement nor any statement that may have been made verbally or in writing is to be construed as a contract with the owners of the Series 2005 Bonds. 32 Agenda Item No. 1ÓA December 14,2004 Page 80 of 124 The appendices attached hereto are integral parts of this Official Statement and must be read in their entirety together with all foregoing statements. AUTHORIZATION OF OFFICIAL STATEMENT The execution and delivery of this Official Statement has been duly authorized and approved by the County. At the time of delivery of the Series 2005 Bonds, the County will furnish a certificate to the effect that nothing has come to their attention which would lead it to believe that the Official Statement (other than information herein related to the Insurer, the Municipal Bond Insurance Policy, the 2005 Reserve Account Insurance Policy, the 2003 Reserve Account Insurance Policy, FCIC, the 2002 Reserve Account Insurance Policy, DTC, the book-entry only system of registration and the information contained under the caption ''TAX EXEMPTION" as to which no opinion shall be expressed), as of its date and as of the date of delivery of the Series 2005 Bonds, contains an untrue statement of a material fact or omits to state a material fact which should be included therein for the purposes for which the Official Statement is intended to be used, or which is necessary to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. BOARD OF COUNTY COMMISSIONERS COLLIER COUNfY, FLORIDA By: Chair, Board of County Commissioners Collier County, Florida ...- 33 ___.·C^ Agenda Item No. 10A Decemb!,!r 14, 2004 Page 81 of 124 APPENDIX A GENERAL INFORMATION REGARDING COLLŒRCOUNTY,FLORIDA The following information concerning Collier County, Florida (the "County") has been supplied by the County and is included only for purposes of supplying general information regarding the County. The Series 2005 Bonds are secured by the Pledged Revenues as described in the Official Statement. General Information The County was established in 1923 by the legislature of the State of Florida (the "State") from portions of Lee and Monroe Counties. Its territorial limits, as they presently exist. contain approximately 2,026 square miles. In terms of land area, it is the largest county in the State. The County is located on the southwest coast of the Florida peninsula directly west of the Miami-Fort Lauderdale area. The County has a 2003 population of 284,918. Principal industries within the County include wholesale and retail trade, tourism, agriculture, forestry, fishing, cattle ranching and construction. The 2000 U.S. Census showed an increase in the population of the County of 65% between the years 1990 and 2000. Board of County Commissioners The Board of County Commissioners (the "Board") is the principal legislative and governing body of the County. The Board consists of five County Commissioners; one from each of the five districts elected for terms of four years. All of the County Commissioners are residents of the County. The current members of the Board and their expiration of terms of office are: Commissioner Qffig: Term Expires Donna Fiala Fred W. Coyle Jim Coletta Tom Henning Frank Halas Chair Vice Chair Commissioner Commissioner Commissioner November, 2008 November, 2006 November, 2008 November, 2008 November, 2006 County Manager The chief administrative official of the County is the County Manager. This official is directly responsible to the Board for administration and operation of four administrative divisions under the Board and for execution of all Board policies. The County Manager directs the administrative divisions for Community Development, Public Services, Public Utilities and Support Services. The County Manager is also responsible to the Board for the preparation of budgets and for the control of expenditures of departments under his supervision throughout the budget year. Budget Process The Budget Director, as the County's Budget Officer, begins the budget process each February for the ensuing fiscal year (October 1 to September 30) with the distribution of budget request forms and instructions to departments and division heads. County division heads and elected officers submit their proposed expenditures beginning in April for compilation by the Budget Officer no later than July 1 of A-I Agenda Item No.1 OA December 14,2004 Page 82 of 124 each year and each submission is matched against available revenues. A balanced, proposed budget is presented to the Board for review within'15 days of receipt of an assessed value certification from the County's Property Appraiser which is due by July 1. A tentative budget is thereupon adopted within 15 days. Subsequent to public hearings, a final budget is adopted. The final budget for the fiscal year ended September 30, 2005 was adopted by the Board on September 23, 2004. Final millage rates are adopted, usually by late September, and the County's Tax Collector prepares tax bills for mailing on or after November 1. Upon valid adoption. all expenditures in the budget constitute appropriations, and amendments to the budget can be made only in accordance with the provisions of O\apter 129, Florida Statutes, as amended, and such chapter provides that expenditures in excess of total fund budgets are unlawful. Annual Audit Florida law requires that an annual post audit of each county's accounts and records be completed within six months of the end of each fiscal year by a firm of independent certified public accountants retained and paid for by the County. The County retained the firm of KPMG LLP to undertake the audit for the fiscal year ended September 30, 2003, which is included as APPENDIX C - Audited Financial Statements For Fiscal Year Ended September 30, 2003" attached to this Offici.a1 Statement. Population ,- The County has experienced rapid population growth in reœnt decades. The following table presents historical and projected population growth for the County, the State, and the United States for the period of 1960 to 2020: POPULATION TRENDS Population Population United Population County Percentage State Percentage States Percentage Population Increase Population Increase Population Increase 1960 15,753 4,951,560 179,323,175 1970 38,040 141.5% 6,791,418 37.1% 203,302,031 13.4% 1980 85,971 126.0 9,746,961 43.5 226,504,825 11.4 1990 152,099 76.9 12,938,071 32.7 250,410,000 10.6 2000 251,377 65.2 15,982,378 23.5 274,634,000 9.7 2010"" 357,200 42.1 18,978,400 18.7 308,936,000 12.5 2020"" 457,700 28.1 21,807,100 14.9 335,805,000 8.7 .Estimates on County and State population use medium estimates of population growth. Source: Collier County, Florida; Bureau of Census; and the University of Florida, College of Business Administration, Bureau of Economic and Business Research, Division of Population Studies. Most of the growth of Collier County is due to migration. As of April 1, 2002, the estimated median age of the County's population was 45.2 years according to the 2003 Florida Statistical Abstract, -. A-2 Agenda Item No.1 OA Decernber14,2004 Page 83 of 124 University of Florida. The majority of the population is over the age of 18, with the age category 15-44 comprising 33.3% of the overall population. COLLIER COUNTY EMPLOYMENT BY MAJOR INDUSTRY September 30, 2003 IndustIy EiIm5 EmplQyee Count(l) Hotels and Other Lodging 65 4,113 Health Care and Social Services 618 11,697 Professional and Business Services 2,050 13,088 Finance, Insurance and Real Estate 1,172 6,329 Arts, Entertainment and Recreation Services 173 4,460 Services - Other 1,016 ...iZl! Services 5,094 44,398 Eating and Drinking Places 530 7,404 Food Stores 126 4,218 Auto Dealers and Service Stations 187 2,441 Home Furniture and Furnishings 170 1,003 Retail Trade - Other 465 2,791 Apparel and Accessory Stores 271 1,806 General Merchandise Stores 31 2,263 Building Hardware and Garden ....w ~ Retail Trade 1,885 24,055 Federal Government 18 664 State Government 44 851 Local Government ~ ~ Government 84 12,074 Agriculture, Forestry and Fisheries 117 4,473 Construction 1,456 14,121 Manufacturing 275 2,775 Transportation, Communication and Public Utilities 300 3,402 Wholesale Trade 401 2,764 Mining -.Jl --2Z Total Other 2,558 27,592 Total ~ 1œJJ2 (1) Average number of people employed in 2003. Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ended September 30, 2003; Florida Department of Labor & Employment Security; Bureau of Labor Market Information ES-202 Report. A-3 I Agenda Item No.1 OA December 14, 2004 Page 84 of 124 COLLIER COUNTY EMPLOYMENT (1993-2002) State of County Florida Labor Unemployment Unemployment Xw: ~ EJI1ployment UnelI\PlQyment Biœ ßm 1993 78,654 72,078 6,576 8.5% 7.0% 1994 80,566 73,979 6,577 8.2 6.8 1995 81,500 75,839 5,661 6.9 5.4 1996 83,140 78,316 4,824 5.8 5.1 1997 87,526 83,115 4,411 5.0 4.8 1998 92,044 88,224 3,820 4.2 4.3 1999 94,862 91,342 3,250 3.7 3.9 2000 100,339 96,826 3,513 3.5 3.6 2001 112,616 108,201 4,415 3.9 4.8 2002 117,278 112,118 5,160 4.4 5.5 Source: U.S. Department of Labor, Bureau of Labor Statistics; Division of Employment Security, Department of Commerce, State of Florida; and Florida Department of Labor and Employment Security, Bureau of Labor Market Information; 2003 Florida Statistical Abstract, University of Florida. BUILDING PERMIT ACI'IVITlES IN COLUER COUNTY (1993-2002) Xm Single family Units Multi- Family Units 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 1,702 1,964 1,957 2,318 2,718 2,804 3,765 4,065 3,878 4,173 1,957 2,358 2,300 2,585 3,324 4,040 3,777 3,905 4,280 3,109 Residential Valuation(1) $ 385,337 449,254 501,797 447,563 567,883 826,199 931,599 1,188,310 1,093,852 1,113,547 (1) Valuation in thousands of dollars. Source: 2003 Florida Statistical Abstract, University of Florida; Years 1993 through 2002; University of Florida Bureau of Economic and Business Research. BulldÏ1'\l Permit Activity in Florida. A-4 Agenda Item No.1 OA December 14, 2004 Page 85 of 124 Agriculture Agriculture is a dominant factor in the economy of the County. Rainfall averages about 52 inches annually with most of the precipitation occurring during the late spring and summer. The high yearly rainfall and year-round mild temperature enable agriculture to be a productive sector of the County economy. The agricultural industry represents seven percent of the workforce. Farming activities are located approximately 40 miles inland primarily centered around the community of Immokalee. Major crops include tomatoes, peppers, cucumbers, melons and citrus. Beef cattle are also a significant farming commodity. Tourism Tourism is a major factor in the economy of the County. Visitors to the County enjoy its Gulf of Mexico beaches, golf, tennis and other attractions. Everglades National Park, the United States' only subtropical National Park, located near Naples, comprises a substantial portion of the County. Collier- Seminole Park and Corkscrew Swamp are also located nearby. Salt water fishing in the Gulf of Mexico, as well as fresh water fishing, makes the many lakes and waterways popular vacation spots. The County is regarded as one of the largest shelling areas in the United States. Transportation The County is served by U.S. Highway 41 (otherwise known as the Tamiami Trail) and Interstate 75, which links Naples to the east coast of Florida and intersects U.S. Highway 27, providing access to the Florida Turnpike. Interstate 75 also provides access to the County from the North. Greyhound Bus Lines connects the County to all points within the State. Air service is available at the Naples Airport owned by the City of Naples and covers an area of approximately 650 acres. The airport has two lighted 5,000 feet hard surfaced runways, each 150 feet wide. Commuter airlines offer regularly scheduled flights to Miami and Tampa. Air service at the Southwest International Airport near Fort Myers, 35 miles north of Naples, reaches many major cities. In addition, the County owns and operates three public airports: the Marco Island Executive Airport and the Immokalee and Everglades City Airparks. Educational System The County school system serves approximately 42,000 students in 44 schools. The public schools provide a varied adult education program and a special program for pre-school children. There are several private and parochial schools in the County offering classes from kindergarten through the twelfth grade. Edison Community College's main campus in Fort Myers, with a branch campus in Naples, offers technical training as well as college preparation for students. Although not located within the County, Florida GuH Coast College, the tenth college in the State University System, is operating in Lee County, immediately north of the County. Medical Facilities Naples Community Hospital, a non-profit, private corporation provides health services to the residents of the County. It opened as a 50-bed facility in 1956, financed exclusively by contributions from members of the community. Since 1956, Naples Community Hospital has grown to encompass approximately 422,000 square feet and include two six-story towers that house Naples Community A-S I Agenda Item No.1 OA December 14,2004 Page 86 of 124 - Hospital's 408 licensed beds and patient care ancillary services and a two-story support services wing located between the two towers. Hospital services are also provided in the Carpenter-Briggs Radiation Therapy Center located across the street from Naples Community Hospital, at the Golden Gate Urgent Care Center located in leased space approximately seven miles from Naples Community Hospital, and in several other outpatient facilities that provide urgent care, rehabilitation, wellness and infusion services. The Cleveland Clinic operates a hospital in the northern portion of the County. The Collier County Health Department operates in every community in the County under the direction of a licensed physician and with a staff of trained specialists, including public health workers, nurses, sanitarians and clinical psychologists. COLUER COUNTY FINANOAL AND ECONOMIC DATA (1994-2003) Per Bank Fiscal Percent Capita Deposits Xm Popu1ationW Increase !D&!ml!: !.QQQ.:.§lw 1994 180,540 3.4% $30,201 $2,707,107 1995 186,641 3.4 N/A 2,892,389 1996 197,400 5.8 30,201 3,112,346 1997 202,903 2.7 30,906 3,463,731 1998 210,095 3.5 32,878 3,767,516 ,"'-"" 1999 219,685 4.6 34,830 4,102,784 2000 229,821 4.6 36,210 4,658,978 2001 251,377 9.3 38,916 5,153,782 2002 264,475 5.2 40,121 5,844,144 2003 284,918 7.7 41,269 6,7B8,764 (1) Florida Bankers Association. N/A - Data not currently available Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2003. Population figures are estimates used by the County on an annual basis. Actual population according to the 2000 United States Census was 281,422. [Remainder of page intentionally left blank] ,~ A-6 Agenda Item No. 10A December 14, 2004 Page 87 of 124 Assessed Valuation The following table shows the assessed value and taxable value for operating míllage in each of the past ten years. TOTAL ASSESSED AND TAXABLE V ALOE IN COLLIER COUNTY (1994-2003) Ratio of County Taxable County Taxable Taxable Value Fiscal Value Real Value Personal Total T ota! To Total ïm Property Only PropeJ\Y Only Taxable Value(1) Assessed V a1ue(2) Assessed Value 2003 $44,492,425,404 $1,493,184,997 $45,985,727,314 $57,761,717,617 79.60% 2002 38,085,169,570 1,405,140,367 39,490,423,314 49,671,844,946 79.50 2001 32,057,961,136 1,336,930,733 33,395,002,460 41,333,321,441 80.79 2000 26,493,401,264 1,248,512,604 27,742,021,485 33,902,799,%3 81.82 1999 23,271,327,045 1,150,774,033 24,422,201,235 29,830,939,079 81.86 1998 20,304,971,514 1,037,538,724 21,342,594,299 25,777,151,470 82.79 1997 18,547,873,169 981,119,415 19,529,075,510 23,436,330,545 83.33 1996 17,146,475,680 936,566,144 18,083,131,561 21,751,280,540 83.14 1995 16,038,210,161 892,359,888 16,930,661,056 20,463,371,228 82.74 1994 15,130,183,723 851,954,071 15,982,193,801 19,387,178,081 82.44 (1) These figures include Centrally Assessed property. (2) Just Value is the Market or Assessed value. From this you subtract exemptions, classified agricultural property and capped. homestead value to arrive at taxable value. Source: Collier County Property Appraiser's Office. [Remainder of page intentionally left blank] A-7 Agenda Item No.1 OA December 14,~ 2004 Page 88 of 124 ,.....-.. The following table contains the property tax rates for the tax years 1994 through 2003. COLLIER COUNTY, FLORIDA PROPERTY TAX RA TIS - ALL DIRECT AND OVERLAPPING GOVERNMENTS(l) (1993-2002) (Unaudited) COLLIER COUNTY OTHER Special Debt Capital Fiscal General Revenue Service Projects School Independent Year Fund Fund ~ Fund Total Qimi£t Districts Total 1993 3.2580 0.7726 0.1094 0.5474 4.6874 8.0000 1.4455 14.1329 1994(2) 3.6729 0.7823 0.1106 0.0000 4.5658 8.0860 1.5648 14.2166 1995 3.6028 0.6834 0.1062 0.0000 4.3924 8.3227 1.5028 14.2179 1996 3.4918 0.7091 0.0989 0.0000 4.2998 8.6000 1.5353 14.4351 1997 3.7266 0.7567 0.0490 0.0000 4.5323 8.6918 1.5420 14.7661 1998 3.6838 0.7604 0.0452 0.0000 4.4894 8.4298 1.5941 14.5133 1999 3.5540 0.6689 0.0420 0.0000 4.2649 8.5173 1.4801 14.2623 2000 3.5086 0.6419 0.0355 0.0000 4.1860 7.7661 1.4654 13.4175 2001 3.5050 0.6624 0.0318 0.0000 4.1992 7.7334 1.4607 13.3933 2002 3.8797 0.6238 0.0257 0.0000 4.5292 7.1464 1.3813 13.0569 2003 3.8797 0.6182 0.0216 0.0000 4.5195 6.9192 1.3554 12.7941 (1) Basis for property tax rates is 1 mill per $1,000 of assessed value. Property is assessed as of January 1 and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. (2) Beginning with fiscal year 1994 the millage rates for capital projects are included in the General Fund millage rate. Source: CoJlier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2003. : \ bonds \439905\ appendlxa.l.doc .-. A-8 ---....-..-..-.---- Agenda Item No.1 OA Detember 14, 2004 Page 89 of 124 EXHIBIT E FORM OF ESCROW DEPOSIT AGREEMENT Agenda Item No.1 OA December 14, 2D04 Page 90 of 124 DRAFT #1: ll/S/04 00 l..o004S.F 1 ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT, dated as of February 2, 2005, by and between COLLIER COUNTY, FLORIDA (the 'County"), and (the "Escrow Agent"), a [state banking association organized and existing under the laws of the State of ,] having its designated corporate trust office in , as escrow agent hereunder. WHEREAS, the County has heretofore issued its Collier County, Florida Capital Improvement Revenue Refunding Bonds, Series 1994 (the "Series 1994 Bonds") pursuant to Resolution No. 85-107 adopted on April 30, 1985, as amended and supplemented (collectively, the "Resolution"); and WHEREAS, the County has determined to exercise its option under the Resolution to current refund that portion of the Series 1994 Bonds maturing on or after October 1,2006 (the "Refunded Bonds"); and WHEREAS, the County has detennined to issue its $ Collier County, Florida Capital Improvement and Refunding Revenue Bonds, Series 2005 (the "Series 2005 Bonds") pursuant to the Resolution, a portion of the proceeds of which Series 2005 Bonds, together with other legally available moneys of the County, will be used, other than a cash deposit, to purchase certain noncallable United States Treasury obligations in order to provide payment for the Refunded Bonds and discharge and satisfy the pledge of the Pledged Revenues (as defined in the Resolution) and the covenants, agreements and other obligations of the County under the Resolution in regard to such Refunded Bonds; and WHEREAS, the issuance of the Series 2005 Bonds, the purchase by the Escrow Agent of the hereinafter defmed Escrow Securities, the deposit of such Escrow Securities into an escrow deposit trust fund to be held by the Escrow Agent and the discharge and satisfaction of the pledge of the Pledged Revenues and the covenants, agreements and other obligations of the County under the Resolution in regard to the Refunded Bonds shall occur as a simultaneous transaction; and WHEREAS, this Agreement is intended to effectuate such simultaneous transaction; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties hereto agree as follows: _. Agenda Item No. 10A Decernber14,2004 Page 91 of 124 SECTION 1. PREAMBLES. The County represents that the recitals stated above are true and correct, and the same are incorporated herein. SECTION 2. RECEIPT OF RESOLUTION AND VERIFICATION REPORT. Receipt of a true and correct copy of the above-mentioned Resolution and this Agreement is hereby acknowledged by the Escrow Agent. The applicable and necessary provisions of the Resolution, including, without limitation, Sections 12 and 27 thereof, are incorporated herein by reference. The Escrow Agent also acknowledges receipt of the verification report of , dated ,2005 (the "Verification Report"). Reference herein to or citation herein of any provisions of the Resolution or the Verification Report shall be deemed to incorporate the same as a part hereof in the same manner and with the same effect as if the same were fully set forth herein. SECTION 3. DISCHARGE OF PLEDGE OF HOLDERS OF REFUNDED BONDS. In accordance with Section 27 of the Resolution, the County by this writing exercises its option to cause the pledge of the Pledged Revenues and all covenants, agreements and other obligations of the County to the holders of the Refunded Bonds under the Resolution to cease, tenninate and become void and be discharged and satisfied. SECTION 4. ESTABLISHMENT OF ESCROW FUND. There is hereby created and established with the Escrow Agent a special, segregated and irrevocable escrow deposit trust fund designated the "Collier County, Florida Capital Improvement Revenue Refunding Bonds, Series 1994 Escrow Deposit Trust Fund" (the ''Escrow Fund"). The Escrow Fund shall be held in the custody of the Escrow Agent as a trust fund for the benefit of the holders of the Refunded Bonds, separate and apart from other funds and accounts of the County and the Escrow Agent. The Escrow Agent hereby accepts the Escrow Fund and acknowledges the receipt of and deposit to the credit of the Escrow Fund the sum of $ fÌ'om proceeds of the Series 2005 Bonds (the "Bond Proceeds") and the sum of $_ from certain legally available moneys of the County on deposit for the benefit of the holders of the Refunded Bonds (the "County Moneys"). SECTION S. DEPOSIT . OF MONEYS AND SECURITIES IN ESCROW FUND. The County hereby directs the use of the Bond Proceeds and County Moneys as provided in this Section 5. The Escrow Agent represents and acknowledges that, concurrently with the deposit of the Bond Proceeds and County Moneys under Section 4 above, it has used all of the Bond Proceeds and $ of the County Moneys to purchase pn behalf of and for the account of the County certain United States Treasury obligations -- State and Local Government Series (collectively, together with any other securities which may be on deposit, from time to time, in the Escrow Fund, the "Escrow Securities"), which are described in Schedule A hereto, and the Escrow Agent 2 Agenda Item No.1 OA December 14, 2004 Page 92 of 124 will deposit such Escrow Securities and $ of the County Moneys in cash (the "Cash Deposit") in the Escrow Fund. All Escrow Securities shall be noncallable, direct obligations of the United States of America. In the event any of the Escrow Securities described in Schedule A hereto are not available for delivery on February 2, 2005, the Escrow Agent may, at the written direction of the County and with the approval of Bond Counsel, substitute other United States Treasury obligations and shall credit such other obligations to the Escrow Fund and hold such obligations until the aforementioned Escrow Securities have been delivered. Bond Counsel shall, as a condition precedent to giving its approval, require the County to provide it with a revised Verification Report in regard to the adequacy of the Escrow Securities, taking into account the substituted obligations to pay the Refunded Bonds in accordance with the terms hereof. The Escrow Agent shall in no manner be responsible or liable for failure or delay of Bond Counselor the County to promptly approve the substitutions of other United States Treasury obligations for the Escrow Fund. -- SECTION 6. SUFFICIENCY OF ESCROW SECURITIES AND THE CASH DEPOSIT. In reliance upon the Verification Report, the County represents that the Cash Deposit and the interest on and the principal amounts successively maturing on the Escrow Securities in accordance with their tenns (without consideration of any reinvestment of such maturing principal and interest) are sufficient such that moneys will be available to the Escrow Agent in amounts sufficient and at the times required to pay the amounts of principal of, redemption premium, if any, and interest due and to become due on the Refunded Bonds as described in Schedule B attached hereto. If the Escrow Securities and the Cash Deposit shall be insufficient to make such payments, the County shall timely deposit to the Escrow Fund, solely from legally available funds of the County, such additional amounts as may be required to pay the Refunded Bonds as described in Schedule B hereto. Notice of any insufficiency shall be given by the Escrow Agent to the County as promptly as possible, but the Escrow Agent shall in no manner be responsible for the County's failure to make such deposits. SECTION 7. ESCROW SECURITIES AND THE CASH DEPOSIT IN TRUST FOR HOLDERS OF REFUNDED BONDS. The deposit of the Escrow Securities and the Cash Deposit in the Escrow Fund shall constitute an irrevocable deposit of Obligations of the United States of America (as defined in the Resolution) and cash in trust solely for the payment of the principal of, redemption premium, if any, and interest on the Refunded Bonds at such times and in such amounts as set forth in Schedule B hereto, and the principal of and interest earnings on such Escrow Securities and the Cash Deposit shall be used solely for such purpose. 3 ...-- \ --.- --. Agenda Item No. 10A December 14, 2004 Page 93 of 124 SECTION 8. ESCROW AGENT TO PAY REFUNDED BONDS FROM ESCROW FUND. The County hereby directs, and the Escrow Agent hereby agrees, that it will take all actions required to be taken by it under the provisions of the Resolution referenced in this Agreement, including the timely transfer of money to the Paying Agent for the Refunded Bonds (Fifth Third Bank)] as provided in the Resolution, in order to effectuate this Agreement and to pay the Refunded Bonds in the amounts and at the times provided. in Schedule B hereto. The Escrow Securities and the Cash Deposit shall be used to pay the principal of, redemption premium, if any, and interest on the Refunded Bonds as the same may mature or be redeemed. If any payment date shall be a day on which either the Paying Agent for the Refunded Bonds {(Fifth Third Bank)] or the Escrow Agent is not open for the acceptance or delivery of funds, then the Escrow Agent may make payment on the next business day. The liability of the Escrow Agent for the payment of the principal of, redemption premium, if any, and interest on the Refunded Bonds pursuant to this Agreement shall IE limited to the application of the Escrow Securities and the Cash Deposit and the interest earnings thereon available for such purposes in the Escrow Fund. SECTION 9. REINVESTMENT OF MONEYS AND SECURITIES IN ESCROW FUND. Moneys deposited in the Escrow Fund shall be invested only in the Escrow Securities listed in Schedule A hereto and the Cash Deposit and, except as provided in Section 5 hereof and this Section 9, neither the County nor the Escrow Agent shall otherwise invest or reinvest any moneys in tœ Escrow Fund. Except as provided in Section 5 hereof and in this Section 9, the Escrow Agent may not sell or otherwise dispose of any or all of the Escrow Securities or the Cash Deposit in the Escrow Fund and reinvest the proceeds thereof in other securities nor may it substitute securities for any of the Escrow Securities, except upon written direction of the County and where, prior to any such reinvestment or substitution, the Escrow Agent has received from the County the following: (a) a written verification report by a £inn of independent certified public accountants, of recognized standing, appointed by the County and acceptable to the Escrow Agent, to the effect that after such reinvestment or substitution the principal amount of Escrow Securities, together with the interest therein, will be sufficient to pay the Refunded Bonds as described in Schedule B hereto; and (b) a written opinion of nationally recognized Bond Counsel to the effect that (i) such investment will not cause the Series 2005 Bonds or theiRefunded Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code, as amended, and the regulations promulgated thereunder or otherwise cause the interest on the Refunded Bonds or the Series 2005 Bonds to 4 I Agenda Item No.1 OA December 14, 2004 Page 94 of 124 be included as gross income for purposes of federal income taxation, and (ii) such investment does not violate any provision of Florida law or of the Resolution. The above-described verification report need not be provided in the event the County purchases Escrow Securities with the proceeds of maturing Escrow Securities and such purchased Escrow Securities mature on or before the next interest payment date for the Refunded Bonds and have a face amount which is at least equal to the cash amount invested in such Escrow Securities. In the event the above -referenced verification concludes that there are surplus moneys in the Escrow Fund, such surplus moneys shall be released to the County upon its written direction. The Escrow Fund shall continue in effect until the date upon which the Escrow Agent makes the final payment to the Paying Agent for the Refunded Bonds in an amount sufficient to pay the Refunded Bonds as described in Schedule B hereto, whereupon the Escrow Agent shall sell or redeem any Escrow Securities remaining in the Escrow Fund, and shall remit to the County the proceeds thereof, together with all other money, if any, then remaining in the Escrow Fund. -- SECTION 10. REDEMPTION OF CERTAIN REFUNDED BONDS. The County hereby irrevocably instructs the Escrow Agent to direct, on behalf of the Issuer, that the Registrar and Paying Agent for the Refunded Bonds [(Fifth Third Bank)] give at the appropriate times the notice or notices, if any, required by the Resolution in connection with the redemption of the Refunded Bonds. Such notice of redemption shall be given by the Registrar for such Refunded Bonds in accordance with the Resolution. The Refunded Bonds shall be redeemed on , 2005 at a redemption price equal to 102% of the principal amount thereof plus interest accrued to the redemption date. SECTION 11. ESCROW FUND IRREVOCABLE. The Escrow Fund hereby created shall be irrevocable and the holders of the Refunded Bonds shall have an express lien on all Escrow Securities and the Cash Deposit deposited in the Escrow Fund pursuant to the tenns hereof and the interest earnings thereon until paid out, used and applied in accordance with this Agreement and the Resolution. Neither the County nor the Escrow Agent shall cause nor pennit any other lien or interest whatsoever to be imposed upon the Escrow Fund. SECTION 12. AMENDMENTS TO AGREEMENT. This Agreement is made for the benefit of the County and the holders from time to time of the Refunded Bonds and it shall not be repealed, revoked, altered or amended without the written consent of all such holders and the written consent of the Escrow Agent; provided, however, that the County and the Escrow Agent may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not 5 - - - - . Agenda Item No. 10A December 14, 2004 Page 95 of 124 adversely affect the rights of such holders and as shall not be inconsistent with the terms and provisions of this Agreement, for anyone or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Agreement; (b) to grant, or confer upon, the Escrow Agent for the benefit of the holders of the Refunded Bonds, any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holders or the Escrow Agent; and ( c) to subject to this Agreement additional funds, securities or properties. The Escrow Agent shall be entitled to rely exclusively upon an opuuon of nationally recognized Bond Counsel with respect to compliance with this Section 12, including the extent, if any, to which any change, modification or addition affects the rights of the holders of the Refunded Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section 12. SECTION 13. FEES AND EXPENSES OF ESCROW AGENT; INDEMNIFICATION. In consideration of the services rendered by the Escrow Agent under this Agreement, the County agrees to and shall pay to the Escrow Agent the fees and expenses as shall be agreed to in writing by the parties hereto. The Escrow Agent shall have no lien whatsoever upon any of the Escrow Securities in said Escrow Fund for the payment of such proper fees and expenses. The County further agrees to indemnify and save the Escrow Agent hannless, to the extent allowed by law, against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder, and which are not due to its negligence or misconduct. Indemnification provided under this Section 13 shall survive the termination of this Agreement Whene'\er the' Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an æthorized officer of the County. The Escrow Agent may conclusively rely, as to the correctness of statements, conclusions and opinions therein, upon any certificate, report, opinion or other document furnished to the Escrow Agent pursuant to any provision of this Agreement; the Escrow Agent shall be protected and shall not be liable for acting or proceeding, in good faith, upon such reliance; and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Escrow Agent may consult with counsel, who may be counsel to the County or independent counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in 6 , Agenda Item No.1 OA December 14, 2004 Page 96 of 124 . respect of any action taken or suffered by it hereunder in good faith in accordance herewith. Prior to retaining such independent counsel, the Escrow Agent shall notify the County of its intention. The Escrow Agent and its successors, agents and servants shall not be held to any personal liability whatsoever, in tort, contract or otherwise, by reason of the execution and delivery of this Agreement, the establishment of the Escrow Fund, the acceptance and disposition of the various moneys and funds described herein, the purchase, retention or payment, transfer or other application of funds or securities by the Escrow Agent in accordance with the provisions of this Agreement or any nOIrnegligent act, omission or error of the Escrow Agent made in !pod faith in the conduct of its duties. The Escrow Agent shall, however, be liable to the County and to holders of the Refunded Bonds to the extent of their respective damages for negligent or willful acts, omissions or errors of the Escrow Agent which vi olate or fail to comply with the tenns of this Agreement. The duties and obligations of the Escrow Agent shall be determined by the express provisions of this Agreement. SECTION 14. REPORTING REQUIREMENTS OF ESCROW AGENT. As soon as practicable after ,2005, the Escrow Agent shall forward in writing to the County a statement in detail of the activity of the Escrow Fund. SECTION IS. RESIGNATION OR REMOVAL OF ESCROW AGENT. The Escrow Agent, at the time acting hereunder, may at any time resign and be discharged from the duties and obligations hereby created by giving not less than 30 days' written notice to the County and mailing notice thereof, specifying the date when such resignation will take effect to the holders of all Refunded Bonds then outstanding, but no such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the holders of a majority in aggregate principal amount of the Refunded Bonds then outstanding or by the County as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent. The Escrow Agent may be replaced at any time by an instrument <r concurrent instruments in writing, delivered to the Escrow Agent and signed by either the County or the holders of a majority in aggregate principal amount of the Refunded Bonds then outstanding. Such instrument shall provide for the appointment of a successor Escrow Agent, which appointment shall occur simultaneously with the removal of the Escrow Agent. In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwi se become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the 7 ,- Agenda Item No. 10A Decennber14,2004 Page 97 of 124 control of any public officer or officers, or of a receiver appointed by a court, a successor may be appointed by the County or by the holders of a majority in aggregate principal amount of the Refunded Bonds then outstanding by an instrument or concurrent instruments in writing, signed by such holders, or by their attorneys in fact, duly authorized in writing. In the event the holders of the Refunded Bonds shall appoint a successor Escrow Agent, the County may appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders of a majority in aggregate principal amount of the Refunded Bonds then outstanding in tœ manner above provided, and any such temporary Escrow Agent so appointed by the County shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The County shall mail notice of any such appointment made by it at the times and in the manner described in the first paragraph of this Section 15. In the event that no appointment of a successor Escrow Agent or a temporary successor Escrow Agent shall have been made by such holders or the County pursuant to the foregoing provisions of this Section l5 within 30 days after written notice of resignation of the Escrow Agent has been given to the County, the holder of any of the Refunded Bonds or any retiring Escrow Agent may apply to any court of competent jurisdiction for the appointment of a successor Escrow Agent, and such court may thereupon, after such notice, if any, as it shall deem proper, appoint a successor Escrow Agent. In the event of replacement or resignation of the Escrow Agent, the Escrow Agent shall remit to the County the prorated portion of prepaid fees not yet incurred or payable, less any termination fees and expenses at the time of discharge, and shall have no further liability hereunder and the County shall indemnify and hold harmless Escrow Agent from any such liability, including costs or expenses incurred by Escrow Agent or its counsel. No successor Escrow Agent shall be appointed unless such successor Escrow Agent shall be a corporation with trust powers organized under the banking laws of the United States or any State, and shall have at the time of appointment capital and surplus of not less than $30,000,000. Every successor Escrow Agent appointed hereunder shall execute, acknowledge and deliver to its predecessor and to the County an instrwnent in writing accepting such appointment hereunder and thereupon such successor Escrow Agent, without any further act, deed or conveyance, shall become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessor; but such predecessor shall nevertheless, on the written request of such successor Escrow Agent or the County execute and deliver an instrument transferring to such successor Escrow Agent all the estates, properties, rights, powers and trust of such predecessor hereunder; and every predecessor Escrow Agent shall deliver all securities and moneys held by it to its 8 I 1- Agenda Item NQ. 10A December 14, 2004 Page 98 of 124 successor; provided, however, that before any such delivery is required to be made, all fees, advances and expenses of the retiring or removed Escrow Agent shall be paid in full. Should any transfer, assignment or instrument in writing from the County be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escrow Agent the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing shall, on request, be executed, acknowledged and delivered by the County. Any corporation into which the Escrow Agent, or any successor to it in the trusts created by this Agreement, may be merged or converted or with which it or any successor to it may be consolidated, or any corporation resulting from any merger, conversion, consolidation or tax-free reorganization to which the Escrow Agent or any successor to it shall be a party shall be the successor Escrow Agent under this Agreement without the execution or filing of any paper or any other act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. SECTION 16. TERMINATION OF AGREEMENT. This Agreement shall tenninate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Upon such termination, all moneys remaining in the Escrow Fund shall be released to the County. .- SECTION 17. GOVERNING LAW. This Agreement shall be governed by the applicable laws of the State of Florida. SECTION 18. SEVERABILITY. If anyone or more of the covenants or agreements provided in this Agreement on the part of the County or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements œrein contained and shall in no way affect the validity of the remaining provisions of this Agreement. SECTION 19. COUNTERP ARTS. This Agreement may be executed in several counterparts, all or any of which shall· be regarded for all purposes as one original and shall constitute and be but one and the same instrument. 9 -- Agenda Item No. 10A December 14, 2004 Page 99 of 124 SECTION 20. NOTICES. Any notice, authorization, request or demand required or permitted to be given in accordance with the tenns of this Agreement shall be in writing and sent by registered or certified mail addressed to: Collier County, Florida 3301 Tamiami Trail East Naples, Florida 34112 Attn: Finance Director Attn: IN WITNESS WHEREOF, the parties hereto have each caused this Escrow Deposit Agreement to be executed by their duly authorized officers and appointed officials and their seals to be hereunder affixed and attested as of the date first written herein. (SEAL) COLLIER COUNTY, FLORIDA Chair, Board of County Commissioners of Collier County, Florida A ITEST: Deputy Clerk, Board of County Commissioners of Collier County, Florida , as Escrow Agent (SEAL ) By: Authorized Signatory 10 , Agenda Item No.1 OA December 14, 2004 Page 100 of 124 SCHEDULE A ESCROW SECURITIES TVDe Settlement Date Maturity Date Par Amount Interest Rate [TO COpy FROM VERIFICATION REPORT] - A-I - Agenda Item No. 10A Decennber14,2004 Page 191 of 124 SCHEDULE B DEBT SERVICE REQUIREMENTS FOR REFUNDED BONDS Pavment Date PrinciDal Premium Interest Total [TO COpy FROM VERIFICATION REPORT] 8-1 , Agenda Item No. 10A Decennber14,2004 Page 102 of 124 /"- EXHmIT F FORM OF CONTINUING DISCLOSURE CERTIFICATE / ,..-.. Agenda Item No. 10A Decennber14,2004 Page 103 of 124 CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by Collier County, Florida (the "Issuer") in connection with the issuance of its $ Capital Improvement and Refunding Revenue Bonds, Series 2005 (the "Bonds"). The Bonds are being issued pursuant to Resolution No. 85-107 adopted by the Board of County Commissioners of the Issuer on April 30, 1985, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 04-_ adopted by the Board of County Commissioners of the Issuer on [December 141 2004 (collectively, the "Resolution"). SECTION 1. PURPOSE OF TIlE DISCLOSURE CERTIFICATE. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12. SECTION 2. DEFINITIONS. In addition to the definitions set forth in the Resolution which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Central Post Office" shall mean any central filing location described in Exhibit B hereto and any additional central filing location hereafter designated by the SEC as a location that satisfies the Rule. "Dissemination Agent" shall mean the Issuer, or any successor Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Insurer" shall mean .a "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories currently approved by the Securities and Exchange Commission are set forth in Exhibit B. "Participating Underwriters" shall mean the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Repository. Agenda Item No.1 OA Decernber14,2004 Page 104 of 124 "Rule" shall mean the continuing disclosure requirements of Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of Florida. "State Repository" shall mean any public or private repository or entity designated by the State as a state information depository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Certificate, there is no State Repository. SECTION 3. PROVISION OF ANNUAL REPORTS. (a) The Issuer shall, or shall cause the Dissemination Agent to, not later than each April 30th. commencing April 30, 2005 with respect to the report for the 2004 fiscal year, provide to each Repository and the Insurer an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date provided, further, in such event unaudited financial statements are required to be delivered as part of the Annual Report in accordance with Section 4(a) below. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). (b) Not later than fifteen (15) Business Days prior to the date set forth in (a) above, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the Issuer is unable to provide to the Repositories and the Insurer an Annual Report by the date required in subsection (a), the Issuer shall send a notice to (i) each National Repository or the Municipal Securities Rulemaking Board, (ü) the State Repository, and (iii) the Insurer in substantially the form attached as Exhibit A. (c) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository, the State Repository, if any, and the Insurer; provided, however, if the filing is to be made through the Central Post Office pursuant to Section 6 below, the Dissemination Agent need only determine the name and address of the Central Post Office; and (ü) if the Dissemination Agent is other than the Issuer, file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories, or the name of the Central Post Office in the event the filing is made through the Central Post Office, and the Insurer to which it was provided. SECTION 4. CONTENT OF ANNUAL REPORTS. The Issuer's Annual Report shall contain or include by reference the following: _c 2 \ Agenda Item No.1 OA December 14, 2004 Page 105 of 124 (a) the audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the Issuer's audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement dated . 2004 (the "Official Statement"), and the audited financial statements shall be filed in the same manner as the Annual Report when they become available; and (b) updates to the following historical financial information and operating data presented in tabular form in the Official Statement entitled ''Distribution Percentages," ''Historical Receipts of Sales Tax Revenues by the County," and "Pro-Forma Debt Service Coverage." The information provided under Section 4(b) may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories, either directly or through the Central Post Office, or the Securities and Exchange Commission. H the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify each such other document so included by reference. SECTION 5. REPORTING OF SIGNIFICANT EVENTS. (a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: 1. principal and interest payment delinquencies; 2. non-payment related defaults; 3. unscheduled draws on the debt service reserves reflecting financial difficulties; 4. unscheduled draws on credit enhancements reflecting financial difficulties; 5. substitution of credit or liquidity providers, or their failure to perform; 6. adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. modifications to rights of the holders of the Bonds; 8. Bond calls (other than scheduled mandatory redemption); 9. defeasances; 10. release, substitution, or sale of property securing repayment of the Bonds; 11. ratings changes; and 3 Agenda Item No.1 OA December 14, 2004 Page 106 of 124 12. notice of any failure on the part of the Issuer to meet the requirements of Section 3 hereof. (b) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall promptly determine if such event would be material under applicable federal securities laws; provided, however, that any event under clauses 1, 4, 5, 6, 10, 11 and 12 above shall always be deemed to be material. (c) If the Issuer determines that knowledge of the occurrence of a Listed Event would be material under applicable federal securities laws, the Issuer shall promptly file a notice of such occurrence with (i) each National Repository or the Municipal Securities Rulemaking Board, (ü) the Insurer, and (iii) the State Repository. SECTION 6. FILING THROUGH A CENTRAL POST OFFICE. Arty filing made or notice provided by the Issuer in accordance with this Certificate to a Central Post Office by electronic or other means shall satisfy the requirements of this Certificate with respect to filings required to be made to all National Repositories and the State Repository, and the Issuer shall not be required to make separate filings with the National Repositories and the State Repositories. - SECTION 7. TERMINATION OF REPORTING OBLIGATION. The Issuer's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds or if the Rule is repealed or no longer in effect. If such termination occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such termination in the same manner as for a Listed Event under Section 5( c). SECTION 8. DISSEWNATION AGENT. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. SECTION 9. AMENDMENT; WAIVER. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waiv~, provided that the following conditions are satisfied: (a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it may only be made in comection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Issuer, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the holders or Beneficial Owners of the Bonds in the same manner as provided in the Resolution for amendments to the -- 4 -"~--- Agenda Item No. 10A Decernber14,2004 Page 107 of 124 Resolution with the consent of holders or Beneficial Owners, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting prindples, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing finandal statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section S(c), and (ü) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting prindples. SECTION 10. ADDmONAL INFORMATION. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. H the Issuer chooses to include any information in any Annual Report or notice of Occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 11. DEFAULT. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any holder or Benefidal Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate; provided, however, the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with the provisions of this Disclosure Certificate shall be an action to compel performance. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Resolution. SECTION 12. DUTIES, IMMUNITIES AND LIABILmES OF DISSEMINATION AGENT. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. [Remainder of page intentionally left blank] S Agenda Item No.1 OA Decennber14,2004 Page 108 of 124 SECTION 13. BENEFICIARIES. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters, the Insurer and holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Dated: ,2005 COLLIER COUNTY, FLORIDA By: Chair of the Board of County Commissioners \- ,- 6 -_.._~.". Agenda Item No. 10A Decennber14,2004 Page 109 of 124 EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Collier County, Florida Name of Bond Issue: Capital Improvement and Refunding Revenue Bonds, Series 2005 Date of Issuance: .2005 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above-named Bonds as required by Sections 3 and 4(b) of the Continuing Disclosure Certificate dated as of . 2005. The Issuer anticipates that the Annual Report will be filed by Dated: COLLIER COUNTY, FLORIDA By: Name: Title: Exhibit A-I _.~_._-_..- Agenda Item No.1 OA December 14, 2004 Page 110 of 124 EXHIBIT B Any filing under this Certificate to any of the Repositories may be made solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC'1 as the "Central Post Office" as such term is defined in the Certificate and as provided at Þ-tt;;p:llwww.disclosureusa.org unless the United States Securities and Exchange Commission has withdrawn the interpretive advice in its letter to the MAC dated September 7, 2004. Nationally Recognized Municipal Securities Information Repositories approved by the Securities and Exchange Commission: DPC Data Inc. One Executive Drive Fort Lee, NJ 07024 Phone: (201) 346-0701 Fax: (201)947-0107 htt;p://www.dpcdata.com Emai1: nrmsir@dpcdata.com FT Interactive Data Attn: NRMSIR 100 William Street New York, NY 10038 Phone: (212) 771-6999 Fax: (212) 771-7390 (Secondary Market Information) (212) 771-7391 (Primary Market Information) http://www.dpcdata.com EmaH: NRMSIR@FI1Q.com Bloomberg Municipal Repository 100 Business Park Drive Skillman, NJ 08558 Phone: (609) 279-3225 Fax: (609)279-5962 http://www.bloomber~.comlmarkets/muni cont actinfo.html Email: Munis<!PBloomberi·com Standard &t Poor's Securities Evaluations, Inc. 55 Water Street 45th Floor New York, NY 10041 Phone:(212)4~95 Fax:(212)4~3975 www.j.ikenny.comljjJc.enn.y/pser descrip data re ~ Email: nrmsirreposit01::y@sandp.com A list of names and addresses of all designated Nationally Recognized Municipal Securities Information Repositories as of any point in time is available by visiting the SEC's website at www.sec.¡ov/info/municipallnrmsir.htm. j: \ bonds \ 439905\cdc-3.doc Exhibit B-1 Agenda Item No. 10A December 14, 2004 Page 111 of 124 EXHIBIT G FORM OF FINANCIAL GUARANTY AGREEMENT Agenda Item No.1 OA December 14,2004 Page 112 of 124 FINANCIAL GUARANTY AGREEMENT FINANCIAL GUARANTY AGREEMENT made as of [CLOSJNG DATE], 2000, by and between [ISSUER] (the "Issuerlt) and MBIA Insurance Corporation (the 11Jnsurer"), organized 1.U1der the laws of the state of New Y otk.. WITNESSETH: WHEREAS, the Issuer has or will issue the Obligations; and WHEREAS. pursuant to the tenns of the Document the Issuer agrees to make certain payments on the Obligations; and WHEREAS, the Insurer will issue its Surety Bond, substantially in the fonn set forth in Annex A to this Agreement, guaranteeing certain payments by the Issuer subject to the tenns and limitations of the Surety Bond; and WHEREAS, to induce the Insurer to issue the Surety Bond, the Issuer has agreed to pay the premimn for the Surety Bond and to reimburse the Insurer for all payments made by the Insurer W1der the Surety Bond, all as more fully set forth in this Agreement; and WHEREAS, the Issuer understands that the Insurer expressly requires the delivery of this Agreement as part of the consideration for the execution by the Insurer of the Surety Bond; and NOW, TIIEREFORE, in consideration of the premises and of the agreements herein contained and of the execution of the Surety Bond, the Issuer and the Insurer agree as follows: -- ARTICLE I DEFINITIONS; SURETY BOND Section 1.01. Definitions. The tenns which are capitalized herein shall have the m~ specified in Annex B hereto. Section 1.02. Surety Bond. (a) The Insurer will issue the Surety Bond in accordance with and subject to the terms and conditions of the Commitment. (b) The maximwn liability of the Insurer under the Surety Bond and the coverage and tenn thereof shall be subject to and limited by the tenns and conditions of the Surety Bond. Section 1.03. Premimn. In consideration of the Insurer agreeing to issue the Surety Bond hereunder, the Issuer hereby agrees to pay or cause to be paid the Premium set forth in Annex B hereto. The Premium on the Surety Bond is not refundable for any reason. Section 1.04. Certain Other ~. The Issuer will pay all reasonable fees and disbursements of the Jnsurer's special cotmSCl related to any modification of this Agreement or the Surety Bond. ARTICLE IT REIMBURSEMENT AND INDEMNIFICATION OBLIGATIONS OF ISSUER AND SECURITY THEREFOR Section 2.01. Reimbursement for Pavments Under the Surety Bond and Exoenses: Indemnification. (a) The Issuer will reimburse the Insurer, within the Reimbursement Period, without demand or notice by the Insurer to the Issuer or any other person, to the extent of each Surety Bond Payment with interest on each Surety Bond Payment ftom and including the date made to the date of the reimbursement at the lesser of the Reimbursement Rate or the maximum rate of interest permitted by then applicable law. -- Agenda Item No. 10A Decennber14,2004 Page 113 of 124 (b) The Issuer also ~ to reimburse the Insurer immediately 8:f1d \DlCOnditiOnauy upon demand, to the extent penmtted by state law, for all reasonable expenses mcurred by the Insurer in connection with the Surety Bond and the enforcement by the Insurer of the Issuer's obJigations under this Agreement, the Document, and any other document executed in COIDlection with the issuance of the Obligations, together with interest on all such expenses :&om and including the date incUITed to the date of payment at the rate set forth in subsection (a) of this Section 2.01. (c) The Issuer agrees to indemnify the Insurer, to the extent permitted by state law, against any and all1iability, claims, loss, costs, damages, fees of attorneys and other expenses which the Insurer may sustain or incur by reason of or in consequence of (i) the failure of the Issuer to perfonn or comply with the covenants or conditions of this Agreement or (ü) reliance by the Insurer upon representations made by the Issuer or (ill) a default by the Issuer 1.D1der the terms of the Document or any other documents executed in connection with the issuance of the Obligations. (d) The Issuer agrees that all am01mts owing to the Insurer pursuant to Section 1.03 hereof and this Section 2.01 must be paid in full prior to any optional redemption or refunding of the Obligations. (e) All payments made to the Insurer 1.D1der this Agreement shall be paid in lawful cwrency of the United States in immediately available fimds at the Jnsurer's office at 113 King Street, Annonk, New Yode 10504, Attention: Acco1.D1ting and Insured Portfolio Management Departments, or at such other place as shall be designated by the Insurer. Section 2.02. Allocation of Pavments. The Insurer and the Issuer hereby agree that each payment received by the Insmer ftom or on beha1f of the Issuer as a reimbmsement to the Insurer as required by Section 2.01 hereof shall be applied by the Insurer first, toward payment of any unpaid premium; second, toward repayment of the aggregate Surety Bond Payments made by the Insurer and not yet repaid, payment of which will reinstate all or a portion of the Surety Bond Coverage to the extent of such repayment (but not to exceed the Surety Bond Limit); and third, upon full reinstatement of the Surety Bond Coverage to the Surety Bond Umit, toward other amounts, including, without limitation, any interest payable with respect to any Surety Bond Payments then due to the Insurer. Section 2.03. Security for Payments: Instruments of Further Assurance. To the extent, but only to the extent, that the Document, or any related indenture, trust agreement, ordinance, resolution, mortgage, security agreement or similar ins1rument, if any, pledges to the Owners or any trustee therefor, or grants a secwity interest or lien in or on any collateral, property, revenue or other payments ("Collateral and Revenues") in order to secure the Obligations or provide a source of payment for the Obligations, the Issuer hereby grants to the Insurer a security interest in or lien on, as the case may be, and pledges to the Insurer all such Collateral and Revenues as secwity for payment of all amounts due hereunder and 1.D1der the Document or any other docwnent executed in connection with the issuance of the Obligations, which security interest, lien and/or pledge created or granted under this Section 2.03 shall be subordinate only to the interests of the Owners and any trustee therefor in such Collateral and Revenues, except as otherwise provided. The Issuer agrees that it will, ftom time to time, execute, acknowledge and deliver, or cause to be executed. acknowledged and delivered, any and all financing statements, if applicable, and all other further ins1ruments as may be required by law or as shall reasonably be requested by the Insurer for the perfection of the security interest, if any, granted under this Section 2.03 and for the preservation and protection of all rights of the Insurer under this Section 2.03. Section 2.04. Unconditional Obliszation. The obligations hereunder are absolute and unconditional and will be paid or perfonned strictly in accordance with this Agreement, subject to the limitations of the Document, Ì1Tespective of: . (a) any lack of validity or enfórceability of; or any amendment or other modification of; or waiver with respect to the Obligations, the Document or any other document executed in comection with the issuance of the Obligations; or (b) any exchange, release or nonperfection of any security interest in property securing the Obligations or this Agreement or any obligations herewlCler; or ·------......... ..-.-. 1- Agenda Item No.1 OA December 14, 2004 - Page 114 of 124 . (c) . any cïroumstances that right otheIWise constitute a defense available to, or discharge of: the Issuer with respect to the Obligations, the Document or any other document executed in connection with the issuance of the Obligations; or (d) whether or not such obligations are contingent or matured, disputed or undisputed, liquidated or unliquidated Section 2.05. lnsure1"s RilZhts. The Issuer shall repay the Insurer to the extent of payments made and expenses incurred by the Insurer in connection with the Obligations and this Agreement The obligation of the Issuer to repay such amounts shall be subordinate only to the rights of the Owners to receive regularly scheduled principal and interest on the Obligations. Section 2.06. On-Going Information ObliEations of Issuer. (a) Quarterlv ~. The Issuer will provide to the Insurer within 45 days of the close of each quarter interim financial statements covering all fi.md balances 1.U1der the Document, a statement of operations (income statement), balance sheet and changes in ftmd balances. These statements need not be audited by an independent certified public accountant, but if any audited statements are produced, they must be provided to the Insurer; (b) Annual Reoorts. The Issuer will provide to the Insurer annual financial statements audited by an independent certified public accountant within 90 days of the end of each fiscal year, (c) Access to Facilities. Books and Records. The Issuer will grant the Insurer reasonable access to the project financed by the Obligations and will make available to the Insurer, at reasonable times and upon reasonable notice all books and records relative to the project financed by the Obligations; and (d) Qomp1iance Certificate. On an annual basis the Issuer will provide to the Insurer a certificate confinning compliance with all covenants and obligations hereunder and under the Revenue Agreement, the Document or any other document executed in connection with the issuance of the Obligations. ARTICLE m AMENDMENTS TO DOCUMENT So long as this Agreement is in effect, the Issuer agrees that it will not agree to amend the Document or any other docwnent executed in connection with the issuance of the Obligations, without the prior written consent of the Insurer. ARTICLE IV EVENTS OF DEFAULT; REMEDIES Section 4.01. Events of Default. The following events shall constitute Events of Default hereunder: (a) The Issuer shall fail to pay to the Insurer when due any amount payable under Sections 1.03; or (b) The Issuer shall fail to pay to the Insurer any amount payable under Sections 1.04 and 2.01 hereof and such failure shall have continued for a period in excess of the Reimbursement Period; or (c) Any material representation or warranty made by the Issuer under the Document or herew1der or any statement in the application for the Surety Bond or any report, certificate, financial statement, document or other instrument provided in comection with the Commitment, the Surety Bond, the Obligations, or herewith shall have been materially false at the time when made; or H(dlnEx~Jas_otherwise provided inJhiSS~9n 4.QL1h~~er shall fail to ~onn any of its ø____ (e) The Issuer shall (i) voluntarily commence any proceeding or file any petition seeking relief under the United States Bankruptcy Code or any other Federal, state or foreign bankruptcy, insolvency or similar law, (ü) consent to the institution of: or fail to controvert in a timely and appropriate manner, any such proceeding or the filing of any such petition, (ill) apply for or consent to the appointment of a receiver, trustee, custodian, sequestrator or similar official for such party or for a ("'f..~~,,1 "",,",",, ^Ç1tèt ~r I~"C,\ ~1,Q ~ ,,~~..,ew ~A.......~++i"n +hO """".+......:...1 ...11~h^",",C' ^+". nahh^...... h1~ Agenda Item No. 10A December 14, 2004 Page 115 of 124 (e) The Issuer shall (i) voluntarily commence any ~i"g or file any petition seeking relief under the United States Bankruptcy Code or any othec Federal, state or foreign bankiuptcy, insolvency or similar law, (ü) consent to the institution of; or tàil to controvert in a timely and applupriate manner, any such proceeding or the filing of any such petition, (ill) apply for or consent to the appointment of a receiver, trustee, custodian, sequestrator or similar official for such party or for a substantial part of its property, (iv) file an answer admitting the material allegations of a petition filed against it in any such proceeding, (v) make a general assignment for the benefit of creditors, (vi) become unable, admit in writing its inability or fail generally to pay its debts as they become due or (vii) take action for the pwpose of effecting any of the foregoing; or (f) An involuntary proceeding shall be commenced or an involuntazy petition shall be filed in a court of competent jurisdiction seeking (i) relief in respect of the Issuer, or of a substantial part of its property, under the United States Bankruptcy Code or any other Federal, state or foreign bankruptcy, insolvency or similar law or (ü) the appointment of a receiver, trustee, custodian, sequestrator or similar official for the Issuer or for a substantial part of its property; and such proceeding or petition shall continue undismissed for 60 days or an order or decree approving or ordering any of the foregoing shall continue unstayed and in effect for 30 days. Section 4.02. Remedies. If an Event of Defiwlt shall occur and be continuing. then the Insurer may take whatever action at law or in equity may appear necessæy or desirable to collect the amotmts then due and thereafter to become due under this Agreement or to enforce perfonnance of any obligation of the Issuer to the Insurer under the Document or any related instnunent, and any obligation, agreement or covenant of the Issuer under this Agreement; provided, however, that the Insurer may not take any action to direct or require acceleration or other early redemption of the Obligations or adversely affect the rights of the Owners. In addition, if an Event of Default shall occur due to the fåilure to pay to the Insurer the amounts due under Section 1.03 hereof; the Insurer shall have the right to cancel the Surety Bond in accordance with its tenns. All rights and remedies of the Insurer under this Section 4.02 are cwnulative and the exercise of anyone remedy does not preclude the exercise of one or more of the other available remedies. ARTICLE V SETILEMENT The Insurer shall have the exclusive right to decide and detennine whether any claim, liability, suit or judgment made or brought against the Insurer, the Issuer or any other party on the Surety Bond shall or shall not be paid, compromised, resisted, defended, tried or appealed, and the Insurers decision thereon, if made in good fiùth, shall be final and binding upon the Insurer, the Issuer and any other party on the Surety Bond. An itemized statement of payments made by the Insurer, certified by an officer of the Insurer, or the voucher or vouchers for such payments, shall be prima facie evidence of the liability of the Issuer, and if the Issuer fails to immediately reimburse the Insurer upon the receipt of such statement of payments, interest shalI be computed on such am01.mt ftom the date of any payment made by the Ii1st.n'er at the rate set forth in subsection (a) of Section 2.01 hereof. ARTICLE VI MISCELLANEOUS Section 6.01. Interest Conwutations. All computations of interest due hereunder shall be made on the basis of the actual nwnber of days elapsed over a year of360 days. Section 6.02. Exercise of Ri2hts. No failure or delay on the part of the Insurer to exercise any right, power or privilege W1der this Agreement and no course of dealing between the Insurer and the Issuer or any other party shall operate as a waiver of any such right, power or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Insurer would otherwise have pursuant to law or equity. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in similar or other circtnnstances, or constitute a waiver of the right of the other party to any other or finther action in any circumstances without notice or demand. , ",-. Agenda Item No.1 OA Decernber14,2004 Page 116 of 124 Section6~03. Amendment and Waiver. Any provision of this A.greementmaybe amended, waived, suppleníented. discharged or terminated only with the prior written consent·ofthe Issuer and the Insurer. The Issuer hereby agrees that upon the written request of the Paying Agent, the Insurer may make or consent to issue any substitute for the Surety Bond to cure any ambiguity or fotmal defect or omission in the Surety Bond which does not materially change the terms of the Surety Bond nor adversely affect the rights of the Owners, and this Agreement shall apply to such substituted surety bond. The Insurer agrees to deliver to the Issuer and to the company or companies, if any, rating the Obligations, a copy of such substituted surety bond. Section 6.04. Successors and Assigns; Descrintive Headings. (a) This Agreement shall bind, and the benefits thereof shall inure to, the Issuer and the Insurer and their respective successors and assigns; provided, that the Issuer may not transfer or assign any or all ofits rights and obligations hereunder without the prior written consent of the Insurer. (b) The descriptive beadings of the various provisions of this Agreement are inserted for convenience of reference only and shall not be deemed to affect the meaning or construction of any of the provisions hereof Section 6.05. Other Sureties. If the Insurer shall procure any other surety to reinsure the Surety Bond, this Agreen1e!1t shall inure to the benefit of such other surety, its successors and assigns, so as to give to it a direct right of action againSt the Issuer to enforce this Agreement, and 1t1he Insurer," wherever used herein, shall be deemed to include such reinsuring surety, as its respective interests may appear. Section 6.06. Signature on Bond. The Issuers liability shall not be affected by its failure to sign the Surety Bond nor by any claim that other indemnity or security was to have been obtained nor by the release of any indemnity, nor the return or exchange of any collateral that may have been obtained Section 6.07. Waiver. The Issuer waives any defense that this Agreement was executed subsequent to the date of the Surety Bond, admitting and covenanting that such Surety Bond was executed pursuant to the Issuer's request and in reliance on the Issuers promise to execute this Agreement. Section 6.08. Notices. Requests. Demands. Except as otherwise expressly provided herein, all written notices, requests, demands or other communications to or upon the respective parties œreto shall be deemed to have been given or made when actually received, or in the case of telex or telecopier notice sent over a telex or a telecopier machine owned or operated by a party hereto, when sent, addressed as specified below or at such other address as any of the parties may hereafter specify in writing to the otœrs: !fto the Issuer: [ISSUER] [STREET ADDRESS] [CITY. STATE ZIP] Attention: [pERSON AT ISSUER] If to the Paying Agent: [pAYING AGENT] Attention: CoIporate Trust Officer If to the Insurer: MBIA Insurance Corporation 113 King Street Annonk, New Yorlc 10504 Attention: Insured Portfolio Management Group Section 6.09. Survival of Reoresentations and Wmanties. AIl representations, warranties and obligations contained herein shall survive the execution and delivery of this Agreement and the Surety Bond. Section 6.10. Govemimz Law. This Agreement and the rights and obligations of the parties under this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State. Section 6.11. Counteroarts. This Agreement may be executed in any number of copies and by the different parties hereto on the same or separate counterparts, each of which shall be deemed to be an original instnnnent Complete counterparts of this Agreement shall be lodged with the Issuer and the Insurer. - Agenda Item No. 10A December 14,2004 Page 117 of 124 Section 6.12. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any cowt of competent jurisdiction, such holding shall oot invalidate or render unenforceable any other provision hereof Section 6.13. Survival of Obligations. Notwithstanding anything to the contrary contained in this Agreement, the obligation of the Issuer to pay all amounts due hereunder and the rights of the Insurer to pursue all remedies shall survive the expiration, termination or substitution of the Surety Bond and this Agreement IN WITNESS WHEREOF, each of the parties hereto has caused a COlDlterpart of this Agreement to be duly executed and delivered as of the date first above written. [ISSUER] By: Title: MBIA Insurance Corporation President Attest: Assistant SeaeIary I Agenda Item No.1 OA Decennber14,2004 Page 1180f124 ,--- ANNEXA DEBT SERVICE RESERVE SURETY BOND MBIA Insurance Corporation Armonk, New York 10504 - Surety Bond No. XXXXXX MBlA Insurance Corporation (the "Insurer"), in consideration of the payment of the prenùum and subject to the terms of this Surety Bond, hereby unconditionally and irrevocably guarantees the full and complete payments that are to be applied to payment of principal of and interest on the Obligations (as hereinafter defined) and that are required to be made by or on behalf of [NAME OF ISSUER] (the "Issuer") under the [TITLE OF THE DOCUMENT] (the "Document") to [NAME OF PAYING AGENT], (the "Paying Agent"), as such payments are due but shall not be so paid, in connection with the issuance by the Issuer of [TITLE OF THE OBLIGATIONS] (the "Obligations"), [IF PARITY" together with any bonds issued on a parity therewitb,"], provided, that the amount available hereunder for payment pursuant to anyone Demand for Payment (as hereinafter defined) shall not exceed [a: FIXED COVERAGE [Dollar Amount of Coverage] or the [Debt Service Reserve Fund Requirement] (as defined in the Document) for the Obligations, whichever is less (the "Surety Bond Limit"); provided, further, that the amount available at any particular time to be paid to the Paying Agent under the tenns hereof (the "Surety Bond Coverage") shall be reduced and may be reinstated from time to time as set forth herein.] or [b: VARIABLE COVERAGE the annual amount set forth for the applicable bond year on Exhibit A attached hereto (the "Surety Bond Limit"); provided, ftuther, that the amount available at any particular time to be paid to the Paying Agent under the terms hereof (the "Surety Bond Coverage") shall be reduced and may be reinstated from time to time as set forth herein.] 1. As used herein, the term "Owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the applicable paying agent, the Issuer or any designee of the Issuer for such purpose. The term "Owner" shall not include the Issuer or any person or entity whose obligation or obligations by agreement constitute the underlying security or source of payment for the Obligations. 2. Upon the later of: (i) three (3) days after receipt by the Insurer of a demand for payment in the fonn attached hereto as Attachment 1 (the "Demand for Payment"), duly executed by the Paying Agent, or (ii) the payment date of the Obligations as specified in the Demand for Payment presented by the Paying Agent to the Insurer, the Insurer will make a deposit of funds in an account with U.S. Bank Trust National Association, in New York, New Yode, or its successor, sufficient for the payment to the Paying Agent, of amounts that are then due to the Paying Agent (as specified in the Demand for Payment) subject to the Surety Bond Coverage. 3. Demand for Payment hereunder may be made by prepaid telecopy, telex, TWX or telegram of the executed Demand for Payment c/o the Insurer. If a Demand for Payment made hereunder does not, in any instance, confonn to the terms and conditions of tms Surety Bond, the Insurer shall give notice to the Paying Agent, as promptly as reasonably practicable, that such Demand for Payment was not effected in accordance with the terms and conditions of tms Surety Bond and briefly state the reason(s) therefor. Upon being notified that such Demand for Payment was not effected in accordance with this Surety Bond, the Paying Agent may attempt to correct any such nonconforming Demand for Payment if, and to the extent that, the Paying Agent is entitled and able to do so. 4. The amount payable by the Insurer under this Surety Bond pursuant to a particular Demand for Payment shall be limited to the Surety Bond Coverage. The Surety Bond Coverage shall be reduced automatically to the extent of each payment made- by the Insurer hereunder and will be reinstated to the extent of each reimbursement of the Insurer pursuant to the provisions of Article II of the Financial Guaranty Agreement dated the date hereof between the Insurer and the [ISSUER OR OBLIGOR] (the "Financial Guaranty Agreement"); provided, [ANNUAL PREMWM OPTION: that no premium is due and unpaid on this Surety Bond and] that in no event shall such reinstatement exceed the Surety Bond Limit. The Insurer will notify the Paying Agent, in writing within five (5) days of such reimbursement, that the Surety Bond Coverage has been reinstated to the extent of such reimbursement pursuant to the Financial Guaranty Agreement and such reinstatement shall be effective as of the date the Insurer gives such notice. The notice to the Paying Agent will be substantially in the form attached hereto as Attachment 2. ..- Agenda Item No. 10A Decernber14,2004 Page 119 of 124 5. Any service of process on the Iosmer or notice to the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk, New York 10504 and such service of process shall be valid and binding. 6. The term of this Surety Bond shall expire [ANNUAL PREMIUM OPTION: ,unless cancelled pursuant to paragraph 9 hereof,J on the earlier of ( i) [MATURITY DATE] (the maturity date of the Obligations being currently issued), or (ü) the date on which the Issuer has made all payments required to be made on the Obligations pursuant to the Document. 7. The premium payable on this Surety Bond is not refundable for any reason, including the payment prior to maturity of the Obligations. 8. [OPTIONAL FIRST SENTENCE: This Surety Bond shall be governed by and interpreted under the laws of the State of (STATE) J. Any suit hereunder in connection with any payment may be brought only by the Paying Agent within [1 or 3 years] after (i) a Demand for Payment, with respect to such payment, is made pursuant to the terms of this Surety Bond and the Insurer has failed to make such payment, or (ü) payment would otherwise have been due hereunder but for the failure on the part of the Paying Agent to deliver to the Insurer a Demand for Payment pursuant to the terms of this Surety Bond, whichever is earlier. [NOS. 9 and 11 are OPTIONAL] 9. Subject to the terms of the Document, the Issuer shall have the right, upon 30 days prior written notice to the Insurer and the Paying Agent, to terminate this Surety Bond. In the event of a failure by the Issuer to pay the premium due on this Surety Bond pursuant to the terms of the Financial Guaranty Agreement, the Insurer shall have the right upon [No. of days] days prior written notice to the Issuer and the Paying Agent to cancel this Surety Bond. No Demand for Payment shall be made subsequent to such notice of cancellation unless payments are due but shall not have been so paid in connection with the Obligations. 10. There shall be no acceleration payment due under this Policy unless such acceleration is at the sole option of the Insurer. 11. This policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76 of the New York Insurance Law. In witness whereof, the Insurer has caused this Surety Bond to be executed in facsimile on its behalf by its duly authorized officers, this [DATEJ day of [MONTH, YEAR] MBIA INSURANCE CORPORATION President Assistant Secretary SB-DSRF-9[STATE CODE] 4/95 Agenda Item No.1 OA December 14, 2004 Page 120 of 124 EXHIBIT A Surety Bond No. XXXXXX Bond Year 199 to 199 199 to 199 199 to 199 MaJCinnlm Annual Debt Service $ $ $ /--- -- \ Agenda Item No. 10A Decernber14,2004 Page 121 of 124 Attachment 1 Surety Bond No. XXXXXx DEMAND FOR PAYMENT ,19_ MBIA Insurance Corporation 113 King Street Armonk, New York 10504 Attention: President Reference is made to the Surety Bond No. XXXXXX (the "Surety Bond") issued by the MBIA Insurance Corporation (the "Insurer"). The terms which are capitalized herein and not otherwise defined have the meanings specified in the Surety Bond unless the context otherwise requires. The Paying Agent hereby certifies that: (a) In accordance with the provisions of the Docwnent (attached hereto as Exhibit A), payment is due to the Owners of the Obligations on (the "Due Date") in an amount equal to $ (the "Amount Due"). (b) The [Debt Service Reserve Fund Requirement] for the Obligations is $ (c) The amounts legally available to the Paying Agent on the Due Date will be $_less than the Amount Due (the "Deficiency"). (d) The Paying Agent has not heretofore made demand under the Surety Bond for the Amount Due or any portion thereof. The Paying Agent hereby requests that payment of the Deficiency (subject to the Surety Bond Coverage) be made by the Insurer under the Surety Bond and directs that payment under the Surety Bond be made to the following account by bank: wire transfer of federal or other immediately available funds in accordance with the tenns of the Surety Bond: [paying Agent's Account) [PAYING AGENT] By Its I - Agenda Item No.1 OA Decennber14,2004 Page 122 of 124 Attachment 2 Surety Bond No. XXXXXX NOTICE OF REINSTATEMENT ,19_ [paying Agent) [Address] Reference is made to the Surety Bond No. xxx:xxx (the "Surety Bond") issued by the MBIA Insurance Corporation (the "Insurer"). The terms which are capitalized herein and not otherwise dermed have the meanings specified in the Surety Bond unless the context otherwise requires. The Insurer hereby delivers notice that it is in receipt of payment from the Obligor pursuant to Article IT of the Financial Guaranty Agreement and as of the date hereof the Surety Bond Coverage is $ .~ MBlA Insurance Corporation President Attest: Assistant Secretary - -..-...-- ----_. Agenda Item No.1 OA December 14, 2004 Page 123 of 124 ANNEXB DEFINITIONS For all pUIpOSeS of this Agreement and the Surety Bond, except as otherwise expressly provided herein or unless the context otherwise requires, all capitalized terms shall have the meaning as set out below, which shall be equally applicable to both the singular and pIma] fonns of such tenns. "Agreement" means this Financial Guaranty Agreement. "Closing Date" means [CWSING DATE], 2000. "Commitment" means the connnitment to issue Municipal Bond Guaranty Insurance in the fonn attached hereto as Annex C. "Debt Service Payments" means those payments required to be made by or on behalf of 1he Issuer which will be applied to payment of principal of and interest on the Obligations. "Demand for Payment" means the certificate submitted to the Insurer for payment under the Surety Bond substantially in the fonn attached to the Surety Bond as Attachment 1. ''Docwnent'' means~. "Event ofDefaulf' shall mean those events of default set forth in Section 4.01 of the Agreement. "Insurer" has the same meaning as set forth in the first paragraph of this Agreement "Issuer" means (ISSUER.]. "Obligations" means [LEGAL TIlLE OF ISSUE] [IF APPLICABLE: together with any bonds issued on a parity therewith]. "Owners" means the registered owner of any Obligation as indicated in the books maintained by the Paying Agent, the Issuer or any designee of the Issuer for such purpose. ''Paying Agent" means [PAYING AGENT]. ''Premiwn'' means [PREMIUM} payable to the Insurer on or prior to the Closing Date. "Reimbursement Period" means, with respect to a particuJar Surety Bond Payment, the period commencing on the date of such Surety Bond Payment and ending on the earlier of the date of cancellation of the Surety Bond due to nonpayment of Premium when due or on the expiration of x fullowing such Surety Bond Payment "Reimbursement Rate" means CitJ.òank's prime rate plus three (3) percent per annum, as of the date of such SW'ety Bond Payment, said "prime rate" being the rate of interest announced :&om time to time by Citibank, N.A, New York, New York, as its prime rate. The rate of interest shall be calculated on the basis of the actual nwnber of days elapsed over a 36O-day year. "State" means [STATE]. "Surety Bond" means that surety bond attached hereto as Annex A and issued by the Insurer guaranteeing, subject to the tenns and limitations thereof: Debt Service Payments required to be made by the Issuer under the Document. "Surety Bond Coverage" means the amount available at any particular time to be paid under the tenns of the Surety Bond, which amount shall never exceed the Surety Bond Limit. "Surety Bond Limit" means [SURETY BOND LIMlT]. "Surety Bond Payment" means an amount equal to the Debt Service Payment required to be made by the Issuer pursuant to the Docwnent less (i) that portion of the Debt Service Payment paid by or on behalf of the Issuer, and (ü) other fimds legally available for payment to the Owners, all as certified in a Demand for Payment I Agenda Item No.1 OA December 14, 2004 Page 124 of 124 ANNEX C CO~ [To beprovided.1 ~' EXECUTIVE SUMMARY Agenda Item No.1 08 December 14, 2004 A Resolution of the Board of County Commissioners of Collier County, Page 1 of 136 Florida authorizing the issuance of not exceeding $7S,OOO,OOO in aggregate principal amount of Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program), Series 200SA, to finance the acquisition of certain environmentally sensitive lands within the county; Providing for the issuance of additional limited general obligation bonds from time to time for the principal purpose of financing the acquisition of other environmentally sensitive lands within the county; Providing for the payment of said bonds from ad valorem taxation levied in an amount which shall not exceed one- quarter of one mill on all taxable property in the county; Making certain covenants and agreements in connection therewith; Providing for the rights of the holders of such bonds; authorizing the awarding of said Series 200SA Bonds pursuant to a public bid; Delegating certain authority to the Chair for the award of the Series 200SA Bonds and the approval of the terms and details of said series 2005A Bonds; Authorizing the publication of a notice of sale for the series 200SA Bonds or a summary thereof; Appointing the paying agent and registrar for said series 2005A Bonds; Authorizing the distribution of a preliminary' official statement and the execution and delivery of an official statement with respect to the series 200SA Bonds; Authorizing the execution and delivery of a continuing disclosure certificate with respect to the series 2005A Bonds; Authorizing municipal bond insurance for the series 2005A Bonds; and providing an effective date. ."--- OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing the issuance of Collier County, Florida Limited Obligation General Obligation Bonds, Series 2005A, in an amount not to exceed $75,000,000. CONSIDERATIONS: Collier County voters approved a referendum for the issuance of bonds for the acquisition of environmentally sensitive lands. This is generally known as the Conservation Collier program. The referendum authorized the issuance of general obligation bonds in an amount not to exceed $75 million and to be supported by a maximum tax levy of 0.2500 mills for a maximum term of 10 years. As a 0.2500 mill tax was levied in FY 2004 and FY 2005, the bonds described herein will be repaid with an eight (8) year tenn. The bonds will be sold through a competitive bid process on January 18, 2005. Moody's Investors Service and Standard and Poor's Rating Group are expected to assign ratings of "Aaa" and "AAA", respectively, with the understanding that upon delivery of the Series 2005A Bonds, the bond insurance policy will be issued by AMBAC Assurance Corporation. In addition Moody's and S&P have assigned ratings of "Aa3" and "AA-", respectively, without regard to the insurance. ,,- .--- Proiects Funded Agenda Item No.1 08 December 14, 2004 On June 22, 2004 (agenda item 16A5) the Board of County Commissioners approf~th~ of 136 purchase of the real property collectively known as the America's Business Park. The America's Business Park parcels include a total of77.31 acres located east of Old U.S. 41 on the north side of the proposed East/West Livingston Road extension. Subsequent to the purchase approval, the Board approved a commercial paper loan as an interim financing mechanism to acquire the America's Business Park property. In that Executive Summary, staff noted that this commercial paper loan would be retired upon the issuance of a general obligation bond for the Conservation Collier program. The commercial paper loan was short tenn in nature, in that it must be refinanced by the first week in March 2005. A list of the parcels slated for funding in this bond issue include the following: American Business Park 2nd Cycle A List Malt Property Talon Property Fleischmann Property Total $21,200,050 $ 5,000,000 $ 4,750,000 $ l,870,000 $ 2.000.000 $34,820,050 FISCAL IMPACT: The pledge for this bond is a countywide tax levy as approved by voter referendum not to exceed 0.2500 mills. The term for this bond issue is a period of eight years. --- GROWTH MANAGEMENT IMP ACT: There IS no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: . Adopt the attached Resolution authorizing the issuance of Collier County, Florida Limited General Obligation Bonds, Series 2005A in an amount not to exceed $75,000,000; and, . Authorize staff to approve necessary budget amendments. Prepared by: Michael Smykowski, OMB Director ..--. . ··_____..~'..~__·,,·1"",,·µ..···f"'·'-' -,-". - Item Number lIem Summary Meeting Date Approved By Michael Smykowskl Agenda Item ND. 108 Dec.ember 14. 2004 Page 3 Df 136 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10B TI,is item to be heard immediately following Item 10A. Recommendation to approve a Resolution authorizing the jssuance of limited general obligatIon bonds In a not to exceed amount of $75000.000 (Conservation Collier Program) (Mike Smykowskl, Director, Office of Management and Budget¡ 121141200490000 AM Management & Budget Director Date Office of Management & Budget 121812004 2:32 PM Approved By Date County Manager's Office James V. Mudd Board of CotJnty Commissioners County Manager County Maoager's Office 1218120044:03 PM .- Agenda ftem No. 1 DB Decernber14,2004 Page 4 of 136 COLLIER COUNTY, FLORIDA LIMITED GENERAL OBLIGATION BOND RESOLUTION (Conservation Collier Program) ADOPTED DECEMBER 14,2004 ARTICLE I GENERAL DEFINITIONS. ..................................... .................... ............. .......... ......... 2 AUTHORITY FOR RESOLUTION ...................................................... 9 RESOLUTION TO CONSTITUTE CONTRACT .............................. 9 FINDING S ...................................................... .......... ............... ................. 9 AUTHORIZATION OF THE 2005A PROJECT AND THE REFINANCING OF THE PRIOR NOTE..................................... 1 I ARTICLE II AUTHORIZATION, TERMS, SALE, EXECUTION AND REGISTRATION OF BONDS SECTION 2.0 1. AUTHORIZATION OF BONDS......................................................... 12 SECTION 2.02. AUTHORIZATION AND DESCRIPTION OF THE SERIES 2005A BONDS; AWARD OF THE SERIES 2005A BONDS; NO REDEMPTION FOR SERIES 2005A BOND S ....... ........... ........................................ ......... ...... .......... ........... 12 APPLICATION OF BOND PROCEEDS ...........................................14 EXECUTION OF BONDS ...................................................................14 AUTHENTICATION ................. ............... ....... ..................................... 15 TEMPORARY BONDS ...................... ........................... ....................... 15 BONDS MUTILATED, DESTROYED, STOLEN OR LOST........ 15 INTERCHANGEABILITY, NEGOTIABILITY AND . TRANSFER ............... .......... ........................ ....... .................. ............ 16 SECTION 2.09. FULL BOOK ENTRY FOR SERIES 2005A BONDS .....................17 SECTION 2.10. FORM OF BONDS ..................................... ........................................... 19 ARTICLE III REDEMPTION OF BONDS PRIVILEGE OF REDEMPTION.... ..................................................... 26 SELECTION OF BONDS TO BE REDEEMED ..............................26 NOTICE OF REDEMPTION ............................ ................................... 26 REDEMPTION OF PORTIONS OF BONDS ...................................28 PAYMENT OF REDEEMED BONDS ...............................................28 ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 4.01. LIMITED GENERAL OBLIGATIONS OF THE ISSUER.............29 SECTION 4.02. PROJECT FUND .................. ................. ............ ....... ............................. 29 "..-- SECTION 1.01. SECTION 1.02. SECTION 1.03. SECTION 1.04. SECTION 1.05. SECTION 2.03. SECTION 2.04. SECTION 2.05. SECTION 2.06. SECTION 2.07. SECTION 2.08. SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. SECTION 3.05. TABLE OF CONTENTS Agenda Item No.1 08 December 14,2004 Page 5 of 136 i Age!J..Qa Item No.1 08 SECTION 4.03. CREATION OF SINKING FUND; APPLICATIOND~~mber 14, 2004 LIMITED AD VALOREM TAX ...............................................P..~9~ 6 of 136 REBATE FlJND ......... ..................... ............ ...........................................31 INVESTMENTS......... .......................... ...... ............ ..... ..... ........ ..............32 SEPARATE ACCOlJNTS .................................................................... 32 ARTICLE V ADDITIONAL BONDS AND COVENANTS OF ISSUER SECTION 5.01. ISSUANCE OF ADDITIONAL BONDS........................................... 33 SECTION 5.02. BOOKS AND RECORDS .................................................................... 34 SECTION 5.03. NO IMPAIRMENT............................... .................................................34 SECTION 5.04. FEDERAL INCOME TAX COVENANTS........................................ 34 ARTICLE VI DEFAULTS AND REMEDIES EVENTS OF DEF AUL T....................................................................... 36 REMEDIES........ ............. ....... .......................... ............. ............ ..............36 DIRECTIONS TO RECEIVER AS TO REMEDIAL PROCEED IN as ....... ......................... ............. ........... ............ ........... 37 REMEDIES CUMULATIVE ............................................................... 37 WAIVER OF DEF AUL T...................................................................... 37 APPLICATION OF MONEYS AFTER DEFAULT......................... 37 CONTROL BY CREDIT FACILITY PROVIDER........................... 38 ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT ....... .......... ..................................... 40 SECTION 7 .02. SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND CREDIT FACILITY PROVIDER'S CONSENT...............41 SECTION 7.03. AMENDMENT WITH CONSENT OF CREDIT FACILITY PROVIDER ONLy........................ ........ .......................................... 42 ARTICLE VIII PROVISIONS RELATING TO THE BOND INSURANCE POLICY AND INSURER FOR THE SERIES 2005A BONDS SECTION 8.01 MlJNICIPAL BOND INSURANCE ...................................................43 SECTION 8.02. PROVISIONS .RELA TING TO BOND INSURANCE POLl CY ... ......... ....... ....... ...... ............. ....... .............. ....... ....................43 ARTICLE IX DEFEASANCE SECTION 9.01. DEFEASANCE ...................................................................................... 49 SECTION 4.04. SECTION 4.05. SECTION 4.06. SECTION 6.01. SECTION 6.02. SECTION 6.03. SECTION 6.04. SECTION 6.05. SECTION 6.06. SECTION 6.07. 11 Agenda Item No. 108 . ARTICLE X December 14, 2004 PROVISIONS RELATING TO SERIES 2005A BONDS Page 7 of 136 SECTION 10.01. OFFICIAL NOTICE OF SALE....................·......·..........···......·......·..·.. 51 SECTION 10.02. PRELIMINARY OFFICIAL STATEMENT; OFFICIAL STATEMENT ................................................................................... 51 SECTION 10.03. APPOINTMENT OF PAYING AGENT AND REGISTRAR.........S2 SECTION 10.04. SECONDARY MARKET DISCLOSURE...................·..·........·..·...... S2 ARTICLE XI MISCELLANEOUS CAPITAL APPRECIATION BONDS ................................................ 53 SALE OF BONDS ........ ......... ............. ... .......... ....... ............. ......... ......... 53 GENERAL AUTHORITy........... ........... .............................................. 53 SEVERABILITY OF INVALID PROVISIONS ............................... 53 REPEAL OF INCONSISTENT RESOLUTIONS ............................. 54 EFFECTIVE DATE ........... ................... ................. ............ .................... 54 r SECTION 11.01. SECTION 11.02. SECTION 11.03. SECTION 11.04. SECTION 11.05. SECTION 11.06. EXHIBIT A - EXHIBIT B - EXHIBIT C - EXHIBIT D - EXHIBIT E - .-. ,- GENERAL DESCRIPTION OF THE 2005A PROJECTTFORM OF OFFICIAL NOTICE OF SALE FORM OF PRELIMINARY OFFICIAL STATEMENT FORM OF CONTINUING DISCLOSURE CERTIFICATE GENERAL DESCRIPTION OF THE PRIOR PROJECT iii Memorandum To: Board of County Commissioners fl¡,j 5 Michael Smykowski, ÓMB Director From: Date: December 13,2004 Subject: Minor Revisions to Proposed Bond Resolutions (Agenda items lOA & lOB; December 14, 2004 BCC Meeting) Attached are black-lined pages incorporating final changes to the bond resolution documents (Conservation Collier Limited General Obligation Bonds and the Capital Improvement Bonds), marked to show changes ftom the draft that was provided in the Board agenda package. The changes were required by the rating agencies and the insurance company (Ambac) and they were received late last week and this morning. Please note that the financing timetable for both of these bond issues was very aggressive and commitments ftom the insurer and indications ftom the rating agencies did not begin to come in until the beginning of last week. As is the case in most deals, bond counsel spent the last week negotiating final terms. The aggressive schedule was reQuired in order to minimize any interest rate risk to the County. In the interim, if you have any questioÎis, please feel ftee to contact me at your convenience. attachments cc: James Mudd Leo Ochs County Attorney's Office Office of Management and Budget >"_.""...,..,"-"--<--",,~ ----_.- RESOLUTION NO. Agenda Item No.1 08 Decennber14,2004 Page 8 of 136 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $75,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA LIMITED GENERAL OBLIGATION BONDS (CONSERVATION COLLIER PROGRAM), SERIES 2005A, TO FINANCE THE ACQUISITION OF CERTAIN ENVIRONMENT ALL Y SENSITIVE LANDS WITHIN THE COUNTY; PROVIDING FOR THE ISSUANCE OF ADDITIONAL LIMITED GENERAL OBLIGATION BONDS FROM TIME TO TIME FOR THE PRINCIPAL PURPOSE OF FINANCING THE ACQUISITION OF OTHER ENVIRONMENT ALL Y SENSITIVE LANDS WITHIN THE COUNTY; PROVIDING FOR THE PAYMENT OF SAID BONDS FROM AD VALOREM TAXATION LEVIED IN AN AMOUNT wmCH SHALL NOT EXCEED ONE-QUARTER OF ONE MILL ON ALL TAXABLE PROPERTY IN THE COUNTY; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AUTHORIZING THE A WARDING OF SAID SERIES 2005A BONDS PURSUANT TO A PUBLIC BID; DELEGATING CERTAIN AUTHORITY TO THE CHAIR FOR THE AWARD OF THE SERIES 2005A BONDS AND THE APPROVAL OF THE TERMS AND DETAILS OF SAID SERIES 2005A BONDS; AUTHORIZING THE PUBLICA TION OF A NOTICE OF SALE FOR THE SERIES 2005A BONDS OR A SUMMARY THEREOF; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID SERIES 2005A BONDS; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 2005A BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE WITH RESPECT TO THE SERIES 2005A BONDS; AUTHORIZING MUNICIPAL BOND INSURANCE FOR THE SEREIS 2005A BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: ARTICLE I Agenda Item No.1 08 Decennber14,2004 Page 9 of 136 "....- GENERAL SECTION 1.01. DEFINITIONS. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Accreted Value" shall mean, as of any date of computation with respect to any Capital Appreciation Bond, an amount equal to the principal amount of such Capital Appreciation Bond (the principal amount at its initial offering) plus the interest accrued on such Capital Appreciation Bond from the date of delivery to the original purchasers thereof to the Interest Date next preceding the date of computation, or the date of computation if an Interest Date, such interest to accrue at a rate not exceeding the legal rate, compounded semiannually, plus, with respect to matters related to the payment upon redemption or acceleration of the Capital Appreciation Bonds, if such date of computation shall not be an Interest Date, a portion of the difference between the Accreted Value as of the immediately preceding Interest Date and the Accreted Value as of the immediately succeeding Interest Date, calculated based on the assumption that Accreted Value accrues during any semi-annual period in equal daily amounts on the basis of a 360-day year. "Act" shall mean Chapter 125, Florida Statutes, Article VII, Section 12 of the Florida Constitution, the Ordinance, and other applicable provisions of law. "Additional Bonds" shall mean the obligations issued at any time under the provisions of Section 5.01 hereof on a parity with the Series 2005A Bonds. "Amortization Installment" shall mean an amount designated as such by, or provided for pursuant to, this Resolution or Supplemental Resolution of the Issuer and established with respect to the Tenn Bonds. "Annual Debt Service" shall mean, at any time, the aggregate amount in the then current Fiscal Year of (l) interest required to be paid on the Outstanding Bonds during such Fiscal Year, except to the extent that such interest is to be paid from deposits in the Sinking Fund or Project Fund from Bond proceeds for such purpose, (2) principal of Outstanding Serial Bonds maturing in such Fiscal Year, and (3) the Amortization Installments with respect to such Fiscal Year. For purposes of this defmition, all amounts payable on a Capital Appreciation Bond shall be considered a. principal payment due in the year of its maturity or date of redemption by Amortization Installment. 2 · ) "Authorized Investments" shall mean any investments or obligations in which the Issuer may invest its funds under applicable law and the internal investment policy of the Issuer, as such policy may be amended and supplemented from time to time. "Authorized Issuer Officer" shall mean the Chair, the County Manager, the Clerk or their designee( s), and when used in reference to any act or dQcument also means any other person authorized by ordinance or resolution of the Issuer to perform such act or sign such document. "Board" shall mean the Board of County Commissioners of Collier County, Florida. "Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A. or any other attorney at law or firm of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. "Bond Insurance Policy" shall mean a municipal bond insurance policy or fmancial guaranty insurance policy issued by an Insurer insuring the payment, when due, of the principal of and interest on a Series of Bonds as provided therein. With respect to the Series 2005A Bonds, "Bond Insurance Policy" shall mean the fmancial guaranty insurance policy issued by Ambac Assurance Corporation insuring the payment of the principal of and interest on the Series 2005A Bonds[^ 1 as Drovided th~rein. "Bondholder" or "Holder" or "holder of Bonds" or any similar term, when used with reference to a Bond or Bonds, shall mean any Person who shall be the registered owner of any Outstanding Bond or Bonds as provided in the registration books of the Issuer. ... "Bonds" shall mean the Series 2005A Bonds, together with any Additional Bonds issued pursuant to this Resolution. "Capital Appreciation Bonds" shall mean those Bonds, if any, so designated or provided for by Supplemental Resolution of the Issuer, which may be either Serial Bonds or Term Bonds and which shall bear interest payable at maturity or redemption. "Chair" shall mean the Chair of the Board of County Commissioners of the Issuer and such other person as may be duly authorized to act on his or her behalf. "Continuing Disclosure Certificate" shall mean the Continuing Disclosure Certificate to be executed by the Issuer on or prior to the date of issuance of the Series 2005A Bonds, the substantial fonn of which is attached hereto as Exhibit D. 3 -,..-."-' -"""~<""'''-"-''_''__...q" - ~. _....,"__~,..~o>,,_" .,.,.- Agenda Item No.1 OB Decernber14,2004 "County Manager" shall mean the County Manager of the Issuer and sucfMfter 1 of 136 person as may be duly authorized to act on his or her behalf. "Clerk" shall mean the Clerk of the Circuit Court of Collier County, Florida and Ex- Officio Clerk to the Board, and such other person as may be duly authorized to act on his or her behalf. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations and rules promulgated thereunder. "Cost" when used in connection with a Project and permitted by the Act, shall mean (1) the Issuer's cost of physical construction; (2) costs of acquisition by or for the Issuer of such Project or any portion thereof; (3) any costs of land and interests therein and the costs of the Issuer incidental to such acquisition (including, without limitation, title insurance and related costs and costs associated with the examination, survey and any remediation required with respect to such land); (4) the cost of any indemnity and surety bonds and premiums for insurance during construction; (5) all interest due to be paid on 1he Bonds and other obligations relating to the Project during the period of construction of the Project and a reasonable period subsequent to completion of construction as the Issuer shall detennine; (6) engineering, architectural, legal, fInancial advisory and other consultant fees and expenses; (7) costs and expenses of the fInancing incurred for the Project, including fees and expenses of any Paying Agent, Registrar, Credit Facility Provider or depository; (8) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any interim or temporary indebtedness of the Issuer incurred for the Project; (9) costs of machinery, equipment, technology, supplies, spare parts, furniture and any other items required by tœ Issuer for the commencement of operation of the Project; and (10) any other costs properly attributable to such construction or acquisition or to the issuance of the Bonds which fInance the Project, as determined by generally accepted accounting principles, and shall include reimbursement to the Issuer for any such items of Cost paid by the Issuer prior to the issuance of the Bonds or other obligations issued to fInance the Project. "Credit Facility" shall mean as to any particular Series of Bonds, a Bon! Insurance Policy, a letter of credit, a line of credit or another credit or liquidity enhancement facility, as approved herein or in the Supplemental Resolution providing for the issuance of such Series of Bonds. "Credit Facility Provider" shall mean an Insurer, bank or 'other fmancial institution issuing a Credit Facility for a particular Series of Bonds. 4 _. "Federal Securities" shall mean and include any of the following securities, if and to the extent the same are at the time legal for investment of funds of the Issuer under the laws of the state of Florida: (1) any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United St ates of America, including obligations of any federal agency or corporation which has been or may hereafter be created pursuant to an act of Congress as an agency or instrumentality of the United States of America to the extent unconditionally guaranteed by the United States of America or any other evidences of an ownership interest in obligations or in specified portions thereof (which may consist of specified portions of the interest thereon) of the character described in this clause (1); and (2) any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (a) which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given to the trustee of such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified in such instructions, (b) which are fully secured as to principal and interest an,d redemption premium, if any, by a fund consisting only of cash or bonds or other obligations of the character described in clause (1) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate, and (c) as to which the principal of and interest on the bonds and obligations of the character described in clause (1) hereof which have been deposited in such fund along with any cash on deposit in such fund is sufficient to pay principal of and interest and redemption premium, ifany,..-on the bonds or other obligations described in this clause (2) on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to in subclause (a) of this clause (2), as appropriate[^ 1: orovided. however. such bonds or oblÜmtions must be aDDroved bv the Insurer that then insures the Bonds orooosed to be defeased but only if such Insurer is not in default with resoect to its oavrnent oblie:ations under the aDolicable Bond Insurance Policv. "Finance Commission" shall mean the Florida Local Government Finance Commission, the current holder of the Prior Note. "Financial Advisor" shall mean Public Financial Management, Inc. or such other financial advisory firm of nationally recognized standing in matters pertaining to debt obligations issued by states and political subdivisions. 5 ----"- ~. ____....k~._~__,,_·. ~-_._--_.- "Fiscal Year" shall mean the period commencing on October I of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law. "Insurer" shall mean Ambac Assurance Corporation. a Wisconsin-domiciled stock insurance comDanv. with respect to the Series 2005A Bonds and, with respect to any other Series of Bonds, the Credit Facility Provider, if any, issuing a Bond Insurance Policy with respect to such Series of Bonds. "Interest Date" or "interest payment date" shall be such date or dates for the payment of interest on the Bonds as provided pursuant to Sections 2.01 or 2.02 hereof. "Issuer" or "County" shall mean Collier County, Florida, a political subdivision of the State of Florida. "Limited Ad Valorem Tax" the ad valorem tax levied on all taxable property within the County in an amount not to exceed one-quarter (1/4) of one mill to pay the Annual Debt Service on the Bonds as approved by the qualified electors of the Issuer voting in the November 5, 2002 bond referendum election. "Maximum Annual Debt Service" shall mean the largest aggregate amount of the Annual Debt Service becoming due in any Fiscal Year in which Bonds are Outstanding, excluding all Fiscal Years which shall have ended prior to the Fiscal Year in which the Maximum Annual Debt Service shall at any time be computed. "Maximum Interest Rate" shall mean, with respect to any particular Variable Rate Bonds, a numerical rate of interest, which shall be set forth or provided for in the Supplemental Resolution of the Issuer delineating the details of such Bonds, that shall be the maximum rate of interest such"Bonds may at any particular time bear in the future in accordance with the terms of such Supplemental Resolution. "Official Notice of Sale" shall mean the Official Notice of Sale as described in Section 10.01 hereof, the form of which is attached hereto as Exhibit B. "Official Statement" shall mean the Official Statement to be used in connection with the issuance of the Series 2005A Bonds that shall be substantially in the fonn of the Preliminary Official Statement and which shall contain the fmancial terms and details of the Series 2005A Bonds. "Ordinance" shall mean the ordinance enacted by the Board on the chte hereof authorizing the issuance of Bonds from time to time. as the same may be amended or supplemented from time to time. 6 Agenda Item No. 108 December 14, 2004 (3) Bonds deemed to have been paid pursuant to Section 9.01 rereof, and (4) ~s4 of 136 cancelled after purchase in the open market or because of payment at maturity or upon redemption. "Paying Agent" shall mean for each Series of Bonds, the paying agent appointed by the Issuer for such Series of Bonds and its successors and assigns, if any. With respect to the Series 2005A Bonds, "Paying Agent" shall mean U.S. Bank National Association, Fort Lauderdale, Florida. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization or governmental entity. "Preliminary Official Statement" shall mean the Preliminary Official Statement to be used in connection with the marketing and sale of the Series 2005A Bonds, the form of which is attached hereto as Exhibit C. "Prior Note" shaH mean the Collier County, Florida Revenue Note, Draw No. A- 30-1, dated as of August 25, 2004, issued to the Finance Commission in the aggregate principal amount of $21 ,200,000, all of which is currently outstanding. "Prior Project" shall mean the acquisition of the environmentally sensitive lands generally described in Exhibit E attached hereto and more specifically described in the plans and specifications on file with the Issuer, which acquisition was financed with proceeds of the Prior Note. "Project" shall mean the 2005A Project and the acquisition, construction and/or equipping of such additional capital improvements, properties and facilities and other activities or items that are subsequently approved by the Issuer and which may be lawfully financed with Bonds pursuant to the Act. "Project Fund" shall mean Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program) Project Fund established pursuant to Section 4.02 hereof. "Rebate Fund" shall mean Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program) Rebate Fund established pursuant to Section 4.04 hereof. "Redemption Price" shall mean, with respect to any Bond or portion thereof, the principal amount or portion thereof, plus the applicable premium, if any, payable upon redemption thereof pursuant to such Bond, this Resolution or a Supplemental Resolution. 7 Agenda Item No.1 08 Decennber14, 2004 "Referendum Resolution" shall mean Resolution No. 2002-265, adopted lßy9tb.ê5 of 136 Board on June 11,2002. "Resolution" shall mean this Limited General Obligation Bond Resolution (Conservation Collier Program), as the same may from time to time be amended, modified or supplemented by Supplemental Resolution. "Registrar" shall mean for each Series of Bonds, any registrar ~pointed by the Issuer for such Series of Bonds and its successors and assigns, if any. With respect to the Series 2005A Bonds, "Registrar" shall mean shall mean U.s. Bank National Association, Fort Lauderdale, Florida. "Serial Bonds" shall mean all of the Bonds other than Tenn Bonds. "Series" shall mean all the Bonds delivered on original issuance in a simultaneous transaction and identified pursuant to Sections 2.01 and 2.02 hereof or a Supplemental Resolution authorizing the issuance by the Issuer as a æparate Series, regardless of variations in maturity, interest rate, amortization installments or other provisions. "Series 200SA Bonds" shall mean Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program), Series 2005A, authorized and issued pursuant to Section 2.02 of this Resolution. "Sinking Fund" shall mean Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program) Sinking Fund established pursuant to Section 4.03 hereof. "State" shall mean the State of Florida. "Supplemental Resolution" shall mean any resolution of the Issuer amending or supplementing this Resolution enacted and becoming effective in accordance with the terms of Article VII hereof. "Taxable Bonds" shall mean any Bonds which state, in the body thereof, that the interest income thereon is includable in the gross income of the Holder thereof for federal income taxation purposes or that such interest is subject to federal income taxation. "Term Bonds" shall mean Bonds which shall be designated as or authorized to be Term Bonds by this Resolution or Supplemental Resolution of the Issuer and which are subject to mandatory redemption by Amortization Installment. 8 Agenda Item No.1 08 December 14, 2004 "2005A Project" shall mean the acquisition of the environmentally seifSiti'Vê6 of 136 lands generally described in Exlùbit A attached hereto and more specifically described in the plans and specifications on file with the Issuer. "Variable Rate Bonds" shall mean Bonds issued with a variable, adjustable, convertible or other similar rate which is not fixed in percentage for the entire tenn thereof at the date of issue. The tenns "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the tenn "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution IS adopted pursuant to the provisions of the Act. SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the purchase and acceptance of any or all of the Bonds by those who shall hold the same from time to time, the provisions of this Resolution shall be a part of the contract of the Issuer with the Holders of the Bonds and the Credit Facility Providers and shall be deemed to be and shall constitute a contract between the Issuer and the Holders from time to time of the Bonds and the Credit Facility Providers. The pledge made in this Resolution and the provisions, covenants and agreements herein set forth to be perfonned by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Holders of any and all of said Bonds and for the benefit, protection and security of the Credit Facility Providers. All of the Bonds, regardless of the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof except as expressly provided in or pursuant to this Resolution. SECTION 1.04. FINDINGS. It is hereby ascertained, detennined and declared: (A) Pursuant to the Referendum Resolution. the Issuer ordered the holding of a bond referendum election to determine if the qualified electors of the Issuer would approve the issuance of not exceeding $75,000,000 principal amount of limited general obligation bonds payable from ad valorem tax to be levi ed in an amount not to exceed one-quarter (114) of one mill on all taxable property within the Issuer for the principal 9 Agenda Item No.1 OB December 14, 2004 purpose of financing the acquisition of certain environmentally sensitive lands wi$thF of 136 Issuer in order to protect water resources, wildlife habitat and public open space suitable for resource based recreation. (B) On November 5, 2002, a bond referendum election was held and the issuance of not exceeding $75,000,000 principal amount of limited general obligation bonds payable from the limited Ad Valorem Tax was approved by a majority of the qualified electors of the Issuer voting in said referendum election. (C) On August 25, 2004, the Issuer issued the Prior Note in the principal amount of $21,200,000 in order to finance, on an interim basis, Costs of the Prior Project. (D) It is in the best interests of the citizens and consistent with the goals and purposes of "Conservation Collier" as described in the Referendum Resolution to have acquired the Prior Project, as generally described in Exhibit E attached hereto, and to acquire the 2005A Project, as generally described in Exhibit A attached hereto, and as each is more particularly described in the plans and specifications related thereto which are on file with the Issuer. (E) Acquiring the Prior Project and the 2005A Project shall protect water resources, wildlife habitat and/or public open space suitable for resource based recreation. ,,~ (F) The Prior Note bears interest at a variable rate and was issued to finance Costs of the Prior Project on an interim basis; in order to provide permanent financing with respect to the Prior Project and to eliminate interest rate risk inherent with variable rate debt obligations such as the Prior Note, it is now appropriate and in the Issuer's best interest to refinance the Prior Nate through the issuance of a longer term, fixed interest rate obligation. (G) The most efficient and cost effective method of financing Costs of the 2005A Project and refinancing the Prior Note is through the issuance of not exceeding $75,000,000 aggregate principal amount of Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program), Series 2005A (H) In accordance with Section 218.385, Florida Statutes, and pursuant to this Resolution, the 2005A Bonds shall be advertised for competitive bids pursuant to the Official Notice of Sale, the form of which is attached hereto as Exhibit B, or a summary thereof. (I) Pursuant to the Official Notice of Sale, competitive bids for the purchase of the Series 2005A Bonds received in accordance with the Official Notice of Sale on or 10 ,.,-. Agenda Item No. 10B Decernber14.2004 prior to 10:00 a.m., local time, on January 18, 2004 or such other date or timcfi9ei§8 of 136 detennined by the Chair in accordance with the terms and provisions hereof and of the Official Notice of Sale, shall be publicly opened and announced. (J) Due to the present volatility and uncertainty of the market for tax-exempt obligations such as the Series 2005A Bonds, it is desirable for the Issuer to be able to advertise and award the Series 2005A Bonds at the most advantageous time and date instead of restricting the sale and award to the date of a particular meeting of the Board; and, accordingly, the Issuer hereby detennines to delegate the advertising and awarding of the Series 2005A Bonds to the Chair within the parameters described herein. (K) It is necessary and appropriate that the Issuer determine certain parameters for the tenns and details of the Series 2005A Bonds and to delegate certain authority to the Chair for the award of the Series ;nos A Bonds and the approval of the tenns of the Series 2005A Bonds in accordance with the provisions hereof and of the Official Notice of Sale. (L) In the event Bond Counsel shall detennine that the Series 2005A Bonds have not been awarded competitively in accordance with the provisions of Section 218.385, Florida Statutes, the Issuer shall adopt such resolutions and make such fmdings as shall be necessary to authorize and ratify a negotiated sale of the Series 2005A Bonds in accordance with said Section 218.385. (M) The Costs associated with the refmancing of the Prior Note and the acquisition of the 2005A Project shall be deemed to include legal expenses, underwriting discounts, the premium for the Bond Insurance Policy, financial advisory fees, and such other expenses as may be necessary or incidental for the issuance of the Sereis 2005A Bonds herein authorized. (N) It is necessary at this time that provision be made for the issuance of Bonds, including the Series 2005A Bonds, and for the levy and pledging of the Limited Ad Valorem Tax to pay the same. SECTION 1.0S. AUTHORIZATION OF THE 200SA PROJECT AND THE REFINANCING OF THE PRIOR NOTE. The Issuer hereby authorizes the 2005A Project and the refinancing of the Prior Note. 11 Agenda Item No.1 OB December 14, 2004 Page 19 of 136 ARTICLE II AUTHORIZATION, TERMS, SALE, EXECUTION AND REGISTRATION OF BONDS SECTION 2.01. AUTHORIZATION OF BONDS. This Resolution creates an issue of Bonds of the Issuer to be designated as 'Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program)" which may be issued in one or more Series as hereinafter provided. The aggregate principal amount of Bonds of all Series which may be executed and delivered under this Resolution is not limited except as is or may hereafter be provided in this Resolution or as limited by the Act. The Bonds may, if and when authorized by the Issuer pursuant to this Resolution, be issued in one or more Series, with such further appropriate particular designations added to or incorporated in such title for the Bonds of any particular Series as the Issuer may detennine and as may be necessary to distinguish such Bonds from the Bonds of any other Series. Each Bond shall bear upon its face the designation so detennined for the Series to which it belongs. The Bonds shall be issued for such purpose or purposes~ shall bear interest at such rate or rates not exceeding the maximum rate pennitted by law~ and shall be payable in lawful money of the United States of America on such dates~ all as determined hereby and by Supplemental Resolution. The Bonds shall be issued in such denominations and such fonn, whether coupon or registered; shall be dated such dates; shall bear such numbers~ shall be payable at such place or places; shall be payable on such Interest Dates and principal payment dates; shall contain such redemption provisions; shall have such Paying Agents and Registrars; shall mature in such years and amounts; and the proceeds shall be used in such manner; all as detennined hereby and by Supplemental Resolution of the Issuer in accordance with the provisions of the Act. The Issuer may issue Bonds which may be secured by a Credit Facility all as shall be detennined hereby or by Supplemental Resolution of the Issuer. SECTION 2.02. AUTHORIZATION AND DESCRIPTION OF THE SERIES 200SA BONDS; AWARD OF THE SERIES 200SA BONDS; NO REDEMPTION FOR SERIES 200SA BONDS. (A) In accordance with the Act and the tenns of this Resolution, this Resolution hereby creates an issue of Bonds of the Issuer to be designated as "Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program), Series 2005A" (or such other Series designation as the Chair may determine) to be issued in the aggregate principal amount of not exceeding $75,000,000. The Series 2005A Bonds shall be issued for the principal purposes of 12 ,- Agenda Item No. 10B December 14, 2004 financing Costs of the 2005A Project, refinancing the Prior Note, and paying certaiEièifS~O of 136 and expenses incurred in connection with the issuance of the Series 2005A Bonds. The exact principal amount of the Series 2005A Bonds to be issued by the Issuer shall be detennined by the Chair in accordance with the Official Notice of Sale provided such principal amount does not exceed $75,000,000. The Series 2005A Bonds shall be dated as of the date of their delivery (or such other date as determined by the Chair), shall be issued in the fonn of fully registered bonds in the denominations of $5,000 and any integral multiple thereof, and shall be numbered consecutively from one upward in order of maturity preceded by the letter "R" The Series 2005A Bonds shall bear interest computed on the basis of a 360-day year consisting of twelve. 30-day months, ITom their dated date, payable semiannually, on July 1 and January I of each year (each an "Interest Date"), commencing on July 1,2005 (or such other date as determined by the Chair), at such rates and maturing in such amounts on January 1 of such years as shall be determined by the Chair, subject to the conditions set forth in this Section 2.02 and the provisions of the Official Notice of Sale. The final maturity of the Series 2005ABonds shall not be later than January l, 2013. All of the tenns of the Series 2005A Bonds will be included in a certificate to be executed by the Chair following the award of the Series 2004 Bonds (the "Award Certificate") and shall be set forth in the final Official Statement, as described herein. The principal of the Series 2005A Bonds is payable upon presentation and surrender of the Series 2005A Bonds at the designated corporate trust office of the Paying Agent. Interest payable on the Series 2005A Bonds on any Interest Date will be paid by check or draft mailed to the Holder in whose name such Series 2005A Bond shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Date, or, at the request of such Holder, by bank wire transfer for the account of such Holder. All payments of principal of and interest on the Series 2005A Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. (B) The Chair, on behalf of the Issuer and only in accordance with the terms hereof and of the Official Notice of Sale, shall lIIVard the Series 2005A Bonds to the underwriter or underwriters that submit a bid proposal which complies in all respects with this Resolution and the Official Notice of Sale and offers to purchase the Series 2005A Bonds at the lowest true interest cost to the Issuer, as calculated by the Financial Advisor in accordance with the terms and provisions of the Official Notice of Sale; provided, however, the Series 2005A Bonds shall not be awarded to any bidder unless the true interest cost set forth in the winning bid (as calculated by the Financial Advisor) is 13 Agenda Item No.1 DB December 14, 2004 equal to or less than 6.00%. In accordance with the provisions of the Official Nofiê8Ebf1 of 136 Sale, the Chair may, in his or her sole discretion, reject any and all bids. (C) The Series 200SA Bonds shall not be subject to redemption prior to their respective maturities. SECTION 2.03. APPLICATION OF BOND PROCEEDS. (A) The proceeds received from the sale of the Series 200SA Bonds shall be applied by the Issuer simultaneously with the delivery of such Series 2005A Bonds to the purchaser or purchasers thereof, as follows: (i) A sufficient amount of the Series 2005A Bond proceeds shall be deposited into the Project Fund and shall be used to pay to costs of the 2005A Project. (ii) A sufficient amount of the Series 2005A Bonds shall be transferred to the Finance Commission to pay the Prior Note in full. (iii) A sufficient amount of the Series 2005A Bond proceeds shall be applied to the payment for the premium for the Bond Insurance Policy. (iv) A sufficient amount of the Series 2005A Bond proceeds shall be held by the Issuer to pay costs and expenses associated with the issuance of the Series 2005A Bonds. (v) Any remaining amounts of the Series 2005A Bond proceeds shall be deposited in the Sinking Fund and shall be used to pay interest becoming due on the Series 2005A Bonds. (B) The proceeds of any Series of Additional Bonds shall be applied by the Issuer in accordance with the provisions of the Supplemental Resolution authorizing such Series of Bonds. SECTION 2.04. EXECUTION OF BONDS. The Bonds shall be executed in the name of the Issuer with the manual or facsimile signature of the Chair and the official seal of the Issuer shall be imprinted thereon, and attested with the manual or facsimile signature of the Clerk. In case anyone or more of the officers who shall have signed or sealed any of the Bonds or whose facsimile signature shall appear thereon shall cease to be such officer of the Issuer before the Bonds so signed and sealed have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the Issuer byesuch person who at the actual time of the execution of such Bond shall hold the proper 14 ..- Agenda Item No. 108 Decennber14,2004 office of the Issuer, although at the date of such Bond such person may not havS.è2 of 136 such office or may not have been so authorized. The Issuer may adopt and use for such purposes the facsimile signatures of any such persons who shall have held such offices at any time after the date of the adoption of this Resolution, notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. SECTION 2.0S. AUTHENTICATION. No Bond shall be secured hereunder or entitled to the benefit hereof or shall be valid or obligatory for any purpose unless there shall be manually endorsed on such Bond a certificate of authentication by the Registrar or such other entity as may be approved by the Issuer for such purpose. Such certificate on any Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. The form of such certificate shall be substantially in the form provided in Section 2.10 hereof. SECTION 2.06. TEMPORARY BONDS. Until the definitive Bonds are prepared, the Issuer may execute, in the same manner as is provided in Section 2.04 hereof, and deliver, upon authentication by the Registrar pursuant to Section 2.05 hereof, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds, except as to the denominations thereof, one or more temporary Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in denominations authorized by the Issuer by Supplemental Resolution, and with such omissions, insertions and variations as may be appropriate to temporary Bonds. The Issuer, at its own expense, shall prepare and execute definitive Bonds, which shall be authenticated by the Registrar. Upon the surrender of such temporary Bonds for exchange, the Registrar, without charge to the Holder thereof, shall deliver in exchange therefor definitive Bonds, of the same aggregate principal amount and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued pursuant to this Resolution. All temporary Bonds surrendered in exchange for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith cancelled by the Registrar. SECTION 2.07. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may, in its discretion, issue and deliver, and the Registrar shall authenticate, a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the Issuer and the Registrar proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and 15 Agenda Item No.1 OB December 14, 2004 conditions as the Issuer or the Registrar may prescribe and paying such expenses F¡s9th~3 of 136 Issuer and the Registrar may incur. All Bonds so surrendered or otherwise substituted shall be cancelled by the Registrar. If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same or cause the Bond to be paid, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section 2.07 shall constitute original contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to equal and proportionate benefits and rights provided hereunder to the same extent as all other Bonds issued hereunder. SECTION 2.08. INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER. Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same maturity of any other authorized denominations. ,_.-.. The Bonds issued under this Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Unifonn Commercial Code of the State of Florida, subject to the provisions for registration and transfer contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain Outstanding, the Issuer shall maintain and keep, at the office of the Registrar, books fur the registration and transfer of the Bonds. The transfer of any Bond shall be registered only upon the books of the Issuer, at the office of the Registrar, under such reasonable regulations as the Issuer may prescribe, by the Holder thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or his duly authorized attorney. Upon the registration or transfer of any such Bond, the Issuer shall issue, and cause to be authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The Issuer, the Registrar and any Paying Agent or fiduciary of the Issuer may deem and treat the Person in whose name any Outstanding Bond shall be registered upon the books of the Issuer as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal and interest on such Bond and for all other purposes, and all such payments so made to any such Holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the 16 Agenda Item No.1 08 December 14, 2004 extent of the sum or sums so paid and neither the Issuer nor the Registrar nor any 'i9ihi4 of 136 Agent or other fiduciary of the Issuer shall be affected by any notice to the contrary. The Registrar, in any case where it is not also the Paying Agent with respect to the Bonds, forthwith (A) following the fifteenth day prior to an Interest Date for the Bonds, and (B) at any other time as reasonably requested by the Paying Agent, certify and furnish to the Paying Agent the names, addresses and holdings of the Bondholders and any other relevant infonnation reflected in the registration books. Any Paying Agent of any fully registered Bond shall effect payment of interest on such Bonds by mailing a check to the Holder entitled thereto or may, in lieu thereof, upon the request and at the expense of such Holder, transmit such payment by bank wire transfer for the account of such Holder. In all cases in which the privilege of exchanging Bonds or the transfer of Bonds shall be registered, the Issuer shall execute and the Registrar shall authenticate and deliver such Bonds in accordance with the provisions of this Resolution. Execution of Bonds by the Chair and Clerk for purposes of exchanging, replacing or registering the transfer of Bonds may occur at the time of the original delivery of the Bo nds. All Bonds surrendered in any such exchanges or registration of transfer shall be held by the Registrar for safekeeping until directed by the Issuer to be cancelled by the Registrar. For every such exchange or registration of transfer, the Issuer or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or registration of transfer. The Issuer and the Registrar shall not be obligated to make any &lch exchange or transfer of the Bonds during the period commencing on the fifteenth day of the month immediately preceding an Interest Date on the Bonds and ending on such Interest Date, or, in the case of any proposed redemption of Bonds of such Series, hen, for the Bonds subject to redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption and continuing until such redemption date. The Issuer may elect to issue any Bonds as uncertificated registered public obligations (not represented by instruments), commonly known as book~entry obligations, provided it shall establish a system of registration therefor by Supplemental Resolution In accordance with Section 2.09 hereof, the Issuer elects to initially provide for a book entry only system of registration for the Series 2005A Bonds. SECTION 2.09. FULL BOOK ENTRY FOR SERIES 200SA BONDS. Notwithstanding the provisions set forth in Section 2.08 hereof, the Series 2005A Bonds shall be initially issued in the form of a separate single certificated fully registered Bond for each of the maturities of the Series 2005A Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of The Depository Trust Company 17 ",-- Agenda Item No.1 OB December 14, 2004 ("DTC"). All of the Outstanding Series 2005A Bonds shall be registered ß39tli5 of 136 registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. As long as the Series 2005A Bonds shall be registered in the name of Cede & Co., all payments of principal on the Series 2005A Bonds shall be made by the Paying Agent by check or draft or by bank wire transfer to Cede & Co., as Holder of the Series 2005A Bonds, upon presentation of the Series 2005A Bonds to be paid, to the Paying Agent. With respect to the Series 2005A Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation to any direct or indirect participant in the DTC book-entry program (the "Participants"). Without limiting the immediately preceding sentence, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation with respect to (A) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest on the Series 2005A Bonds, (B) the delivery to any Participant or any other Person other than a Bondholder, as shown in the registration books kept by the Registrar, of any notice with respect to the Series 2005A Bonds, or (C) the payment to any Participant or any other Person, other than a Bondholder, as shown in the registration books kept by the Registrar, of any amount with respect to principal of or interest on the Series 2005A Bonds. The Issuer, the Registrar and the Paying Agent shall treat and consider the Person in whose name each Series 2005A Bond is registered in the registration books kept by the Registrar as the Holder and absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of giving notices and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of and interest on the Series 2005A Bonds only to or upon the order of the respective Holders, as shown in the registration books kept by the Registrar, or their respective attorneys duly authorized in writing, as provided herein and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal and interest on the Series 2005A Bonds to the extent of the sum or sums so paid. No Person other than a Holder, as shown in the registration books kept by the Registrar, shall receive a certificated Bond evidencing the obligation of the Issuer to make payments of principal and interest pursuant to the provisions of this Resolution. Upon delivery by DTC to the Issuer of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in Section 2.08 with respect to transfers during the 15 days next preceding an Interest Date, the words "Cede & Co." shall refer to such new nominee of DTC; and upon receipt of such notice, the Issuer shall promptly deliver a copy of the same to the Registrar and the Paying Agent. 18 1- Agenda Item No.1 08 Decennber14,2004 Upon (A) receipt by the Issuer of written notice from DTC (i) to the effect~i6 of 136 continuation of the requirement that all of the Outstanding Series 2005A Bonds be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, is not in the best interest of the beneficial owners of the Series 2005A Bonds or (ii) to the effect that DTC is unable or unwilling to discharge its responsibilities and no substitute depository willing to undertake the functions of DTC hereunder can be found which is willing and able to undertake such functions upon reasonable and customary tenns, or (B) detennination by the Issuer that such book-entry only system is burdensome or undesirable to the Issuer and compliance by the Issuer with all then applicable rules and procedures of DTC, the Series 2005A Bonds shall no longer be restricted to being registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names Holders shall designate, in accordance vith the provisions of this Resolution. In such event, the Issuer shall issue, and the Registrar shall authenticate, transfer and exchange the Series 2005A Bonds of like principal amount and maturity, in denominations of $5,000 or any integral multiple thereof to the Holders thereof. The foregoing notwithstanding, until such time as participation in the book-entry only system is discontinued, the provisions set forth in the Blanket Letter of Representations previously executed by the Issuer and delivered to DTC shall apply to the payment of principal of and interest on the Series 2005A Bonds. SECTION 2.10. FORM OF BONDS. The text of the Bonds, except for Capital Appreciation Bonds and Variable Rate Bonds, the form of which shall be provided by Supplemental Resolution of the Issuer, shall be in substantially the following fonn with such omissions, insertions and variations as may be necessary and/or desirable and approved by the Chair or the Clerk prior to the issuance thereof (which necessity and/or desirability and approval shall be presumed by such officer's execution of the Bonds and the Issuer's delivery of the Bonds to the purchaser or purchasers thereof): [Remainder of page intentionally left blank] 19 -- No. R-_ Agenda Item No. 108 December 14, 2004 $ Page 27 of 136 UNITED STATES OF AMERICA COLLIER COUNTY, FLORIDA LIMITED GENERAL OBLIGATION BOND (CONSERV ATION COLLIER PROGRAM), SERIES Date of Orie:inal Issue CUSIP Interest Rate Maturity Date _% ,20_ '- Registered Holder: Principal Amount: KNOW ALL MEN BY THESE PRESENTS, that Collier County, Florida, a political subdivision of the State of Florida (the "Issuer"), for value received, hereby promises to pay to the Registered Holder identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest on such Principal Amount from the Date of Original Issue identified above or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum identified above on 1 and 1 of each year, commencing 1, , until such Principal Amount shall have been paid. Such Principal Amount and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. Such Principal Amount is payable at the designated corporate trust office of , as Paying Agent. Payment of each installment of interest shall be made to the person in whose name this Bond shall be registered on the registration books of the Issuer maintained by (the "Registrar"), at the close of business on the fifteenth day (Vllhether or not a business day) of the calendar month next preceding each interest payment date and shall be paid by a check or draft of such Paying Agent mailed to such Registered Holder at the address appearing on such registration books or, at the written request of such 20 -. --_.~--<.. Agenda Item No.1 OB I December 14, 2004 Registered Holder, by bank. wire transfer to an account of such Holder designated iJ[¡gi8 of 136 written request. This Bond is one of an authorized issue of Bonds in the aggregate principal amount of$ (the "Bonds") of like date, tenor and effect, except as to nwnber, maturity, interest rate and redemption provisions, issued to finance [or refinance] the acquisition of certain environmentally sensitive lands within the County, as more particularly described in the hereinafter defined Resolution, and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Florida Statutes, Article VII, Section 12 of the Florida Constitution, Ordinance No._, enacted by the Board of County Commissioners of the County (the "Board") on December 14, 2004, as it may be amended or supplemented from time to time, the Referendum Resolution (as defined in the Resolution) and Resolution No. _ of Collier County, Florida duly adopted by the Board on December 14, 2004 (the "Resolution"), as it may be amended or supplemented from time to time, and is subject to all the terms and conditions of such Resolution. In accordance with the tenns of the Resolution, the Issuer has made a limited pledge of its faith, credit and taxing power for the full and prompt payment of the principal of and interest on the Bonds. A direct annual tax shall be levied, not in excess of one quarter (114) of one mill, upon all taxable property within the Issuer to make such payments. Provision shall be included and made in the annual budget and tax levy for the levy of such taxes, which tax shall be levied and collected at the same time, and in the same manner, as other ad valorem taxes ofthe Issuer are assessed, levied and collected. Reference to the Resolution is hereby made for a description of the funds charged with and pledged to the payment of the principal of and interest on the Bonds, the nature and extent of the security for the payment of the Bonds, a statement of the rights, duties and obligations of the Issuer, the rights of the Holders of the Bonds, to all the provisions of which Resolution the holder hereof by the acceptance of this Bond assents. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be perfonned precedent to and in the issuance of this Bond exist, have happened and have been perfonned in regular and due fonn and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds of this issue does not violate any constitutional, statutory, or charter limitation or provision, and that provision has been made for the collection of a direct annual tax, without limitation, on all property in the Issuer taxable for such purpose sufficient to pay and discharge the principal hereof at maturity. The Issuer has established a book-entry system of registration for the Bonds. Except as specifically provided otherwise in the Resolution, an agent will hold this Bo nd 21 Agenda Item No.1 08 December 14, 2004 on behalf of the beneficial owner hereof. By acceptance of a confirmation of pwPclYàSi.9 of 136 delivery or transfer, the beneficial owner of this Bond shall be deemed to have agreed to such arrangement. The transfer of this Bond is registrable by the Bondholder hereof in person or by his attorney or legal representative at the designated corporate trust office of the Registrar but only in the manner and subject to the conditions provided in the Resolution and upon sunender and cancellation of this Bond. [Insert redemption provisions, if any.] This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Resolution until it shall have been authenticated by the execution by the _~¥..Ett.ar .pf tge certificate 0 f authentication endorsed hereon. IN WITNESS WHEREOF, Collier County, Florida has issued this Bond and has caused the same to be signed by the Chair of its Board of County Commissioners and attested to by the Clerk of the Circuit Court for Collier County, Florida and Ex-Officio Clerk of the Board of County Commissioners and its official seal or a facsimile of thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the _ day of (SEAL) COLLIER COUNTY, FLORIDA - By: Chair, Board of County Commissioners ATTESTED: Clerk, Circuit Court for Collier County, Florida and Ex-Officio Clerk of the Board of County Commissioners 22 Agenda Item No.1 08 December 14, 2004 Page 30 of 136 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds issued under the provisions of the within- mentioned Resolution. , as Registrar Date of Authentication: By: Authorized Signatory 23 .- Agenda Item No.1 OS December 14, 2004 Unless this certificate is presented by an authorized representative orantê1 of 136 Depository Trust Company to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by the authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. ASSIGNMENT AND TRANSFER FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please insert Social Security or other identifying number of assignee) the attached Bond of Collier County, Florida, and does hereby constitute and appoint , attorney, to transfer the said Bond on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed by: ,- NOTICE: Signature must be guaranteed by an institution v.hich is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. NOTICE: The signature to this assignment must correspond with the name of the Registered Holder as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or other identifying number of such assignee must be supplied. 24 Agenda Item No. 108 Decernber14,2004 The following abbreviations, when used in the inscription on the face of the ~dIDî2 of 136 Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT -- (Cust. ) Custodian for under Unifonn Transfers to Minors Act of (State) Additional abbreviations may also be used though not in list above. 25 Agenda Item No.1 08 December 14, 2004 Page 33 of 136 -- ARTICLE III REDEMPTION OF BONDS SECTION 3.01. PRIVILEGE OF REDEMPTION. (A) The tenns of this Article III shall apply to redemption of Bonds other than Capital Appreciation Bonds or Variable Rate Bonds. The terms and provisions relating to redemption of Capital Appreciation Bonds and Variable Rate Bonds shall be provided by Supplemental Resolution. (B) The Series 2005A Bonds shall not be subject to redemption prior to maturity . (C) Additional Bonds shall be subject to redemption in accordance with and as provided in the terms of the Supplemental Resolution setting forth the details of such Additional Bonds. SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED. The Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. The Issuer shall, at least forty-five (45) days prior to the redemption date (unless a shorter time period is satisfactory to the Registrar, but in no event less than thirty-five (35) days) notify the Registrar of such redemption date and of the principal amount of Bonds to be redeemed. For purposes of any redemption of less than all of the Outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected not more than forty-five (45) days and not less than thirty-five (35) days prior to the redemption date by the Registrar from the Outstanding Bonds ofthe maturity or maturities designated by the Issuer or by such method as the Registrar shall deem fair and appropriate and which may provide for the selection for redemption of Bonds or portions of Bonds in principal amounts of$5,000 and integral multiples thereof. If less than all of the Outstanding Bonds of a single maturity are to be redeemed, the Registrar shall promptly notify the Issuer and Paying Agent (if the Registrar is not the Paying Agent for such Bonds) in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. SECTION 3.03. NOTICE OF REDEMPTION. Notice of such redemption, which shall specify the Bond or Bonds (or portions thereof) to be redeemed and the date and place for redemption, shall be given by the Registrar on behalf of the Issuer, and (A) shall be filed with the Paying Agent of such Bonds and (B) shall be mailed first class, postage prepaid, at least thirty (30) days prior to the redemption date to all Holders of 26 Agenda Item No.1 08 December 14, 2004 Bonds to be redeemed at their addresses as they appear on the registration books 1&:PfI~y4 of 136 the Registrar as of the date of mailing of such notice. Failure to mail notice to the Holders of the Bonds to be redeemed, or any defect therein, shall not affect the proceedings for redemption of Bonds as to which no such failure or defect has occurred. Failure of any Holder to receive any notice mailed as herein provided shall not affect the proceedings for redemption of such Holder's Bonds. Each notice of redemption shall state: (1) the CUSIP numbers of all Bonds being redeemed, (2) the original issue date of such Bonds, (3) the maturity date and rate of interest borne by each Bond being redeemed, (4) the redemption date, (5) the Redemption Price, (6) the date on which such notice is mailed, (7) if less than all Outstanding Bonds are to be redeemed, the certificate number (and, in the case of a partial redemption of any Bond, the principal amount) of each Bond to be redeemed, (8) that on such redemption date there shall become due and payable upon each Bond to be redeemed the Redemption Price thereof, or the Redemption Price of the specified portions of the principal thereof in the case of Bonds to be redeemed in part only, together with interest accrued thereon to the redemption date, and that from and after such date interest thereon shall cease to accrue and be payable, (9) that the Bonds to be redeemed, whether as a whole or in part, are to be surrendered for payment of the Redemption Price at the designated office of the Paying Agent at an address specified, and (10) unless sufficient funds have been set aside by the Issuer for such purpose prior to the mailing of the notice of redemption, that such redemption is conditioned upon the deposit of sufficient funds for such purpose on or prior to the date set for redemption; and provided, further, that such notice and the redemption set forth therein may be subject to the satisfaction of one or more additional conditions set forth therein. Within sixty (60) days of the date of redemption, the Registrar shall give a second notice of redemption by mailing another copy of the redemption notice to the registered Holders of Bonds called for redemption but which have not been ¡resented for payment within thirty (30) days after the date set for redemption; provided, however, the failure to provide such further notice of redemption or to comply with the tenns of this paragraph shall not in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed above. In addition to the mailing of the notice described above, each notice of redemption and payment of the redemption price shall meet the following requirement; provided, however, the failure to provide such further notice of redemption or to comply with the tenns of this paragraph shall not in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed above: Each further notice of redemption shall be sent by certified mail or overnight delivery service or telecopy to all registered securities depositories then 27 ,....- Agenda Item No.1 OB December 14, 2004 in the business of holding substantial amounts of obligations of types comptä~,5 of 136 the Bonds (such depositories now being The Depository Trust Còmpany, New York, New York and Midwest Securities Trust Company, Chicago, Illinois) and to two or more national infonnation services which disseminate notices of prepayment or redemption of obligations such as the Bonds (such information services now being Financial Infonnation, Inc.'s "Daily Called Bond Service," Jersey City, New Jersey, Kenny Infonnation Services "Called Bond Service," New York, New York, Moody's "Municipal and Government," New York, New York and Standard & Poor's "Called Bond Record," New York, New York). SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS. Any Bond which is to be redeemed only in part shall be surrendered at any place of payment specified in the notice of redemption (with due endorsement by, or written instrument of transfer in fonn satisfactory to the Registrar duly executed by, the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds, of the same interest rate and maturity, and of any authorized denomination as requested by such Holder, in an aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bonds so surrendered. SECTION 3.0S. PAYMENT OF REDEEMED BONDS. Notice of redemption having been given substantially as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the Redemption Price therein specified, and from and after such date (unless the Issuer shall default in the payment of the Redemption Price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate Redemption Price, plus accrued interest. Each check or other transfer of funds issued by the Paying Agent to pay the Redemption Price of Bonds being redeemed shall bear the CUSIP number or numbers of such Bonds and identify the payments applicable to each CUSIP number. All Bonds which have been redeemed shall be cancelled by the Registrar and shall not be reissued. [Remainder of page intentionally left blank] 28 ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 4.01. LIMITED GENERAL OBLIGATIONS OF THE ISSUER. The faith, credit and taxing power of the Issuer shall be and are hereby pledged for the full and prompt payment of the principal of and interest on the Bonds; provided, that such pledge is a limited obligation of the Issuer which shall not exceed one quarter (114) of one mill of ad valorem taxes. A direct annual tax not in excess of one quarter (114) of one mill shall be levied upon all taxable property within the Issuer to make such payments. No Holder or Holders of the Bonds shall ever have the right to compel the full faith, credit and taxing power of the Issuer in amount greater than the Limited Ad Valorem Tax. Provision shall be included and made in the annual budget and tax levy for the levy of the Limited Ad Valorem Tax hereinbefore provided. Notwithstanding any other provision of this Resolution, in detennining the amount of the Limited Ad Valorem Tax to be levied for a particular Fiscal Year to Dav d~bt service on the Bonds, the Issuer shall [^ llevv. at a minimum. an amount that assumes that the rc e of Li "ted Ad V r that' e 11 i h Fisc . ßO hÌl!her than the percentage of Limited Ad Valorem Tax collected for the immediately preceding Fiscal Year. Whenever the Issuer shall, in any Fiscal Year, have irrevocably deposited in the Sinking Fund any moneys derived from sources other than tœ aforementioned Limited Ad Valorem Tax, said Limited Ad Valorem Tax may be correspondingly diminished; but any such diminution must leave available an amount of such Limited Ad Valorem Tax, after allowance for anticipated delinquencies in collection, fully sufficient, with such moneys so deposited from other sources, to assure the prompt payment of principal, mterest and other related charges falling due prior to the time that the proceeds of the next annual Limited Ad Valorem Tax levy will be available. Such Limited Ad Valorem Tax shall be levied and collected at the same time, and in the same manner, as other ad valorem taxes of the Issuer are assessed, levied and collected. The Limited Ad Valorem Tax shall be levied and collected in accordance with all applicable law, including, but not limited to, the Referendwn Resolution. The Issuer hereby irrevocably pledges such Limited Ad Valorem Tax to the payment of the Bonds. SECTION 4.02. PROJECT FUND. The Issuer covenants and agrees to establish a special fimd to be known as the "Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program) Project Fund," which shall be used only for payment of the Costs of Projects. Moneys in the Project Fund, until applied to payment of any item of the Costs of a Project in the manner hereinafter provided, shall be 29 .._,-~,..-------_..>...._..".~,- . ... ,- Agenda Item No. 10B December 14, 2004 The Issuer shall establish within the Project Fund a separate account fotPOøcIP7 of 136 Project (including the 200SA Project), the Costs of which are to be paid in whole or in part out of the Project Fund. The Issuer covenants that the acquisition, construction and equipping of each Project will be completed without delay and in accordance with sound engineering practices. The Issuer shall only make disbursements or payments from the applicable account of the Project Fund to pay Costs of the Project for which such account was established, except as provided below with respect to any surplus proceeds in a particular account. The Issuer shall keep records of such disbursements and payments and shall retain all such records for such periods oftime as is required by applicable law. Notwithstanding any of the other provisions of this Section 4.02, to the extent that other moneys are not available therefor, amounts in an account of the Project Fund shall be applied to the payment of principal and interest on the Series of Bonds for which such account was established or to reimburse a Credit Facility Provider for the payment of such principal and interest. The date of completion of acquisition, construction and equipping of a Project shall be filed by the Clerk with the Issuer. Promptly after the date of the completion of a Project, and after paying or making provisions for the payment of all unpaid items of the Costs of such Pr~ject, the Issuer shall apply any balance of moneys remaining in the Project Fund in the following order of priority: (A) deposit such balance to any other account established in the Project Fund for which the Clerk certifies that there are insufficient moneys to pay the Costs of the Project for which such account was established, (B) deposit such balance to such other fund or account established hereunder as shall be detennined by the Issuer; provided the Issuer has received an opinion of Bond Counsel to the effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Bonds (other than Taxable Bonds) from gross income for pUl'JX>ses of federal income taxation, and (C) apply such balance for any other lawful purpose; provided the Issuer has received an opinion of Bond Counsel to the effect that such application shall not adversely affect the exclusion, if any, of interest on the Bonds (other than Taxable Bonds) from gross income for pUl'JX>ses of federal income taxation SECTION 4.03. CREATION OF SINKING FUND; APPLICATION OF LIMITED AD VALOREM TAX. (A) There is hereby created the "Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program) Sinking Fund" which shall be held in trust for the benefit of the Bondholders. There is hereby ordered levied upon all the property taxable for such purpose within the Issuer, the Limited Ad Valorem Tax in an amount sufficient to produce amounts to pay the principal, interest, charges of the Paying Agents and Registrars, and any other amounts that are properly due and owing with respect to the repayment of the Bonds; provided, 30 Agenda Item No.1 08 Decennber14, 2004 however, that in no event shall the levy of the Limited Ad Valorem Tax be in ex~gEOl8 of 136 one-quarter (114) of one mill on all taxable property within the Issuer. The Limited Ad Valorem Tax levied pursuant to this Resolution as collected shall be paid over for deposit into the Sinking Fund. (B) Money in the Sinking Fund shall be used solely for the purpose of paying the Annual Debt Service on the Bonds coming due (whether by maturity, scheduled mandatory redemption or otherwise). Moneys in the Sinking Fund shall be disbursed for (i) the payment of the interest on the Bonds secured hereby as such interest falls due, (ii) the payment of the principal of the Bonds secured hereby at their respective maturities, (iii) the payment of the Redemption Price of Bonds being redeemed; (iv) the purchase of Bonds in the open market, provided, however, the price paid shall not exceed the principal amount plus accrued interest; and (v) the payment of the necessary charges for paying Bonds and interest thereon. (C) At least one business day prior to the date established for payment of any principal of or interest on the Bonds, the Issuer shall withdraw from the Sinking Fund sufficient moneys to pay such principal or interest and deposit such moneys with the Paying Agent. Such deposits with the Paying Agent shall be made in moneys available to make payments of the principal of and interest on the Bonds as the same becomes due. SECTION 4.04. REBA TE FUND. Amounts on deposit in the Rebate Fund shall be held in trust by the Issuer and used solely to make required rebates to the United States (except to the extent the same may be transferred to the Issuer) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. If the rebate requirements of Section 148(f) of the Code are applicable, the Issuer agrees to undertake all actions required of it in its arbitrage certificate related to the Bonds, including, but not limited to: (A) making a detennination in accordance with the Code of the amount required to be deposited in the Rebate Fund; (B) depositing the amount detennined in clause (A) above into the Rebate Fund; (C) paying on the dates and in the manner required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasury; and 31 ~ Agenda Item No.1 DB December 14, 2004 (D) keeping such records of the determinations made pursuant to this S~etlOIi9 of 136 4.04 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds. The provisions of the above-described arbitrage certificate may be amended without the consent of any Holder or the Credit Facility Provider from time to time as shall be necessary, in the opinion of Bond Counsel, to comply with the provisions of the Code. SECTION 4.0S. INVESTMENTS. Moneys on deposit in the Project Fund and the Sinking Fund shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on deposit in the Project Fund and the Sinking Fund may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such Funds. All investments shall be valued at market at least annually. Any and all income received by the Issuer from the investment of moneys in the Project Fund and the Sinking Fund shall be retained in such respective Fund. Nothing contained in this Resolution shall prevent any Authorized Investments acquired as investments of or security for funds held under this Resolution from being issued or held in book-entry fonn on the books of the Department of the Treasury of the United States. SECTION 4.06. SEPARATE ACCOUNTS. The moneys required to be accounted for in each of the foregoing funds and accounts established herein may be deposited in a single, non-exclusive bank account, and funds allocated to the various funds and accounts established herein may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds, accounts and subacc01.m.ts as herein provided. The designation and establishment of the various funds and accounts in and by this Resolution shall not be construed to require the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an eannarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as herein provided. 32 Agenda Item No.1 08 December 14, 2004 Page 40 of 136 ARTICLE V ADDITIONAL BONDS AND COVENANTS OF ISSUER SECTION S.Ot. ISSUANCE OF ADDITIONAL BONDS. (A) No Additional Bonds, payable from the Limited Ad Valorem Tax shall be issued except upon the conditions and in the manner herein provided. The Issuer may issue one or more Series of Additional Bonds for anyone or more of the following purposes: financing or refinancing the Costs of a Project, or the completion thereof, or refunding any or all Outstanding Bonds or refunding any other indebtedness of the Issuer that may lawfully be refunded with proceeds of Bonds. (B) No such Additional Bonds shall be issued unless: (i) no Event of Default (as specified in Section 6.01 hereof) shall have occurred and be continuing hereunder, and (ii) an Authorized Issuer Officer certifies that the amount of Limited Ad Valorem Tax which would have been collected by the Issuer in the Fiscal Year immediately preceding the Fiscal Year in which the Additional Bonds are proposed to be issued had the full one-quarter (114) of one mill been levied, is at least equal to 1.00 times the Maximum Annual Debt Service of the proposed Additional Bonds and any Bonds that shall be Outstanding at the time of issuance of such Additional Bonds. (C) For the purpose of detennining the Maximum Annual Debt Service under this Section 5.01, the interest rate on additional parity Variable Rate Bonds then proposed to be issued shall be deemed to be the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. (D) For the purpose of determining the Maximum Annual Debt Service under this Section 5.0 I, the interest rate on Outstanding Variable Rate Bonds shall be deemed to be (i) if such Variable Rate Bonds have been Outstanding for at least 12 months prior to the date of sale of such Additional Bonds, the higher of (a) the actual rate of interest borne by such Variable Rate Bonds on the date of sale, and (b) the average interest rate borne by such Variable Rate Bonds during the 12-month period ¡receding the date of sale, or (ii) if such Variable Rate Bonds have not been Outstanding for at least 12 months prior to the date of sale of such Additional Bonds, the higher of (a) the actual rate of interest borne by the Variable Rate Bonds on the date of sale, and (b) the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. 33 ,~ Agenda Item No.1 08 December 14,2004 (E) Additional Bonds shall be deemed to have been issued pursuant tBaø~ 1 of 136 Resolution the same as the Outstanding Bonds, and all of the other covenants and other provisions of this Resolution (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and security of the Holders of all Bonds issued pursuant to this Resolution. (F) In the event any Additional Bonds are issued for the purpose of refunding any Bonds then Outstanding, the conditions of Section 5.0l(B) hereof shall not apply, provided that the issuance of such Additional Bonds shall result in a reduction of aggregate debt service. (G) The Issuer agrees that at the time of issuing any Variable Rate Bonds it shall establish the Maximum Interest Rate with respect thereto and a Maximum Interest Rate with respect to amounts owed to the Credit Facility Provider which provides liquidity for such Bonds. Any Credit Facility Provider which }Tovides a Credit Facility for liquidity purposes must be rated in one of the two highest short-tenn rating categories assigned by each rating agency rating the Bonds secured by such Credit Facility. SECTION S.02. BOOKS AND RECORDS. The Issuer will keep books and records of the receipt of the Limited Ad Valorem Tax in accordance with generally accepted accounting principles, and any Credit Facility Provider, or Holder or Holders of at least $1,000,000 aggregate principal amount of Bonds shall have the right at all reasonable times to inspect the records, accounts and data of the Issuer relating thereto. SECTION S.03. NO IMPAIRMENT. The pledging of the Limited Ad Valorem Tax in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution, agreement or other proceedings of the Issuer. SECTION S.04. FEDERAL INCOME TAX COVENANTS. (A) The Issuer covenants with the Holders of the Bonds (other than Taxable Bonds) that it shall not use the proceeds of the Bonds in any manner which would cause the interest on the Bonds to be or become includable in gross income for purposes of federal income taxation. (B) The Issuer covenants with the Holders of the Bonds (other than Taxable Bonds) that neither the Issuer nor any Person under its control or direction will make any use of the proceeds of the Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and neither the Issuer nor any other Person shall do any act or fail to do any act which would cause the interest on the Bonds to become includable in gross income for purposes of federal income taxation. 34 Agenda Item No.1 08 December 14,2004 (C) The Issuer hereby covenants with the Holders of the Bonds (othel?~2 of 136 Taxable Bonds) that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from gross income for purposes of federal income taxation, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. [Remainder of page intentionally left blank] 35 Agenda Item No.1 08 December 14, 2004 Page 43 of 136 ,- ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. EVENTS OF DEFAULT. The following events shall each constitute an "Event of Default": (A) Default shall be made in the payment of the principal of or interest on any Bond when due. In detennining whether a payment default has occurred, no effect shall be given to payment made under a Bond Insurance Policy. (B) There shall occur the dissolution or liquidation of the Issuer, or the filing by the Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any act of bankruptcy, or adjudication of the Issuer as bankrupt, or assignment by the Issuer for the benefit of its creditors, or appoimnent of a receiver for the Issuer, or the entry by the Issuer into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Code, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter enacted. (C) The Issuer shall default in the due and punctual perfonnance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution on the part of the Issuer to be perfonned, and such default shall continue for a period of thirty (30) days after written notice of such default shall have been received from the Holders of not less than twenty-five percent (25%) of the aggregate principal amount of the Outstanding Bonds or any Insurer. Notwithstanding the foregoing, the Issuer shall not be deemed in default hereunder if such default can be cured within a reasonable period of time and if the Issuer in good faith institutes curative action and diligently pursues such action until the default has been corrected. SECTION 6.02. REMEDIES. Any Holder of the Bonds or any trustee or receiver acting for such Bondholders may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted and contained in this Resolution, and may enforce and compel the perfonnance of all duties required by this Resolution or by any applicable statutes to be performed by the Issuer or by any officer thereof; provided, however, that no Holder, Credit Facility Provider, trustee, receiver or other person shall have the right to declare the Bonds immediately due and payable. 36 Agenda Item No.1 OB December 14, 2004 The Holder or Holders of Bonds in an aggregate principal amount of not le~tiil4 of 136 twenty- five per cent (25%) of the Bonds then Outstanding may by a duly executed certificate in writing appoint a trustee for Holders of Bonds issued pursuant to this Resolution with authority to represent such Bondholders in any legal proceedings for the enforcement and protection of the rights of such Bondholders and such certificate shall be executed by such Bondholders or their duly authorized attorneys or representatives, and shall be filed in the office of the Clerk. Notice of such appointment, together with evidence of the requisite signatures of the Holders of not less than twenty-five percent (25%) in aggregate principal amount of Bonds Outstanding and the trust instrument under which the trustee shall have agreed to serve shall be filed with the Issuer and the trustee and notice of appointment shall promptly be given to all Holders of Bonds by first class mail, postage prepaid. After the appointment of the first trustee hereunder, no further trustees may be appointed; however, the holders of a majority in aggregate principal amount of all the Bonds then Outstanding may remove the trustee initially ~pointed and appoint a successor and subsequent successors at any time. SECTION 6.03. DIRECTIONS TO RECEIVER AS TO REMEDIAL PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then Outstanding (or the Credit Facility Provider for any Series of Outstanding Bonds) have the right, by an instrument or concurrent instruments in writing executed and delivered to any receiver, to direct the method and place of conducting all remedial proceedings to be taken by any receiver hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions hereof, and that the trustee shall have the right to decline to follow any such direction which in the opinion of such receiver would be unjustly prejudicial to Holders of Bonds not parties to such direction. SECTION 6.04. REMEDIES CUMULATIVE. No remedy herein conferred upon or reserved to the Bondholders is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. SECTION 6.0S. WAIVER OF DEFAULT. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default, or an acquiescence therein; and every power and remedy given by this Section 6.05 to the Bondholders may be exercised from time to time, and as often as may be deemed expedient. No Event of Default may be waived without the consent of each Credit Facility Provider, which has honored all its obligations under its Credit Facility. SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT. If an Event of Default shall happen and shall not have been remedied, the Issuer or a trustee or 37 -, Agenda Item No.1 OB December 14, 2004 receiver appointed for the purpose shall apply all Limited Ad Valorem Tax as fðH8M5 of 136 and in the following order: (A) To the payment of the reasonable and proper charges, expenses and liabilities of the trustee or receiver, Registrar and Paying Agent hereunder; and (B) To the payment of the interest and principal then due on the Bonds (provided such payments are made in accordance with applicable law), as follows: (1) Unless the principal of all the Bmds shall have become due and payable, all such moneys shall be applied: FIRST: to the payment to the Persons entitled thereto of all installments of interest then due, in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Persons entitled thereto, without any discrimination or preference; and SECOND: to the payment to the Persons entitled thereto of the unpaid principal of any of the Bonds which shall have become due at maturity in the order of their due dates, with interest upon such Bonds from the respective dates upon which they became due, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, together with such interest, then to the payment fIrst of such interest, ratably according to the amount of such interest due on such date, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Persons entitled thereto without any discrimination or preference. (2) If the principal of all the Bonds shall have become due and payable, all such moneys shall be applied first, to payment of any unfunded rebatable arbitrage, and second, to the payment of the principal and interest then due and unpaid upon the Bonds, with interest thereon as aforesaid, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the Persons entitled thereto without any discrimination or preference. SECTION 6.07. CONTROL BY CREDIT FACILITY PROVIDER. To the extent a Credit Facility Provider makes any payment of principal of or interest on Bonds in accordance with its Credit Facility, such Credit Facility Provider shall become 38 Agenda Item No.1 08 December 14. 2004 subrogated to the rights of the recipients of such payments in accordance with th~~6 of 136 of its Credit Facility. Upon the occurrence and continuance of an Event of Default, a Credit Facility Provider of a Series of Bonds, if such Credit Facility Provider shall not be in payment default UIÌder its Credit Facility, shall be deemed to be the sole owner of such Bonds for purposes of (A) directing and controlling the enforcement of all rights and remedies with respect to such Series of Bonds, including any waiver of an Event of Default and removal of any trustee, and (B) exercising any voting right or privilege or giving any consent or direction or taking any other action that the Holders of such Bonds are entitled to take pursuant to this Article VI hereof. No provision expressly recognizing or granting rights in or to a Credit Facility Provider shall be modified without the consent of such Credit Facility Provider. A Credit Facility Provider's rights under this Section 6.07 shall be suspended during any period in which such Credit Facility Provider is in default in its payment obligations under its Credit Facility (except to the extent of amounts previously paid by such Credit Facility Provider and due and owing to such Credit Facility Provider) and shall be of no force or effect if its Credit Facility is no longer in effect or if the Credit Facility Provider asserts that its Credit Facility is not in effect or if the Credit Facility Provider waives such rights in writing. The rights granted to a Credit Facility Provider under this Section 6.07 are granted in consideration of such Credit Facility Provider issuing its Credit Facility. The Issuer shall provide each Credit Facility Provider immediate notice of any Event of Default described in Section 6.0l(A) hereof and notice of any other Event of Default occurring hereunder within five days of the occurrence thereof. Each Credit Facility Provider of any Bonds hereunder shall be considered a third-party beneficiary to this Resolution with respect to such Bonds. [Remainder of page intentionally left blank] 39 Agenda Item NO.1 08 December 14,2004 Page 47 of 136 ....- ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT. The Issuer, from time to time and at any time, may adopt such Supplemental Resolutions without the consent of the Bondholders (which Supplemental Resolution shall thereafter fonn a part hereof) for any of the following purposes: (A) To cure any ambiguity or fonnal defect or omission or to correct any inconsistent provisions in this Resolution or to clarify any matters or questions arising hereunder. (B) To grant to or confer upon the Bondholders any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the Bondholders. (C) To add to the conditions, limitations and restrictions on the issuance of Bonds under the provisions of this Resolution other conditions, limitations and restrictions thereafter to be observed. (D) To add to the covenants and agreements of the Issuer in this Resolution other covenants and agreements thereafter to be observed by the Issuer or to surrender any right or power herein reserved to or conferred upon the Issuer. (E) To specify and determine any matters and things relative to such Bonds which are not contrary to or inconsistent with this Resolution as theretofore in effect, or to amend, modify or rescind any such authorization, specification or determination at any time prior to the first delivery of such Bonds. (F) To specify and determine the matters and things referred to in Sections 2.01, 2.02, 2.10 or 5.01 hereof, and also any other matters and things relative to such Bonds which are not contrary to or inconsistent with this Resolution as theretofore in effect, or to amend, modify or rescind any such authorization, specification or detennination at any time prior to the first delivery of such Bonds. (G) To authorize Additional Bonds or Projects. (H) To make any other change that, in the opinion of the Issuer, would not materially adversely affect the security for the Bonds. 40 Agenda Item No.1 08 December 14, 2004 SECTION 7.02. SUPPLEMENT AL RESOLUTION ~8 of 136 BONDHOLDERS' AND CREDIT FACILITY PROVIDER'S CONSENT. Subject to the tenns and provisions contained in this Section 7.02 and Sections 7.01 and 7.03 hereof, the Holder or Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, anything contained in this Resolution to the contrary notwithstanding, to consent to and approve the adoption of such Supplemental Resolution or Resolutions hereto as shall be deemed necessary or desirable by the Issuer for the purpose of supplementing, modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Resolution; provided, however, that if such modification or amendment will, by its tenns, not take effect so long as any Bonds of any maturity remain Outstanding, the consent of the Holders of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Outstanding Bonds under this Section 7.02. Any Supplemental Resolution which is adopted in accordance with the provisions of this Section 7.02 shall also require the written consent of the Insurer. No Supplemental Resolution may be approved or adopted which shall permit or require (A) an extension of the maturity of the principal of or the payment of the interest on any Bond issued hereunder, (B) reduction in the principal amount of any Bond or the rate of interest thereon, (C) the creation of a lien upon or a ¡iedge of the Limited Ad Valorem Tax other than the lien and pledge created by this Resolution or as otherwise pennitted hereby, (D) a preference or priority of any Bond or Bonds over any other Bond or Bonds, or (E) a reduction in the aggregate principal amount of the Bonds required for consent to such Supplemental Resolution. Nothing herein contained, however, shall be construed as making necessary the approval by Bondholders or a Credit Facility Provider of the adoption of any Supplemental Resolution as authorized in Section 7.01 hereof. If at any time the Issuer shall detennine that it is necessary or desirable to adopt any Supplemental Resolution pursuant to this Section 7.02, the Clerk shall cause the Registrar to give notice of the proposed adoption of such Supplemental Resolution and the fonn of consent to such adoption to be mailed, postage prepaid, to all Bondholders at their addresses as they appear on the registration books and to all Insurers of Bonds Outstanding. Such notice shall briefly set forth the nature of the proposed Supplemental Resolution and shall state that copies thereof are on file at the offices of the Clerk and the Registrar for inspection by all Bondholders. The Issuer shall not, however, be subject to any liability to any Bondholœr by reason of its failure to cause the notice required by this Section 7.02 to be mailed and any such failure shall not affect the validity of such Supplemental Resolution when consented to and approved as provided in this Section 7.02. Whenever the Issuer shall deliver to the Clerk an instrument or instruments in writing purporting to be executed by the Holders of not less than a majority in aggregate 41 ,"""_",;'IIIIIi'~I,","'''''i"",¡ö''''_;"'U''""""",",,,.,;,·,,".·;",,,",'.".,;".,.,,,, .- Agenda Item No. 108 December 14, 2004 principal amount of the Bonds then Outstanding, which instrument or instrumentf~~It9 of 136 refer to the proposed Supplemental Resolution described in such notice and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the Issuer may adopt such Supplemental Resolution in substantially such form, without liability or responsibility to any Holder of any Bond, whether or not such Holder shall have consented thereto. If the Holders of not less than a majority in aggregate principal amount of the Bonds Outstanding at the time of the adoption of such Supplemental Resolution shall have consented to and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to the adoption of such Supplemental Resolution, or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the Issuer from adopting the same or from taking any action pursuant to the provisions thereof. Upon the adoption of any Supplemental Resolution pursuant to the provisions of this Section 7.02, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the Issuer and all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced in all respects under the provisions of this Resolution as so modified and amended. SECTION 7.03. AMENDMENT WITH CONSENT OF CREDIT FACILITY PROVIDER ONLY. For purposes of amending this Resolution pursuant to Section 7.02 hereof, a Credit Facility Provider of a Series of Bonds shall be considered the Holder thereof, provided such Series of Bonds, at the time of the adoption of the amendment, shall be rated by the rating agencies which shall have rated the Bonds no lower than the initial ratings assigned thereto by such rating agencies. The consent of the Holders of Bonds shall not be required if the Credit Facility Provider shall consent to the amendment as provided by this Section 7.03. The foregoing right of amendment, however, does not apply to any amendment to Section 5.04 hereof with respect to the exclusion of interest on the Bonds from gross income for purposes of federal income taxation or the amendments described in the penultimate sentence of the first paragraph of Section 7.02 hereof. Prior to adoption of any amendment made pursuant to this Section 7.03, notice of such amendment shall be delivered to the rating agencies rating the Bonds. Upon filing with the Clerk of evidence of such consent of a Credit Facility Provider as aforesaid, the Issuer may adopt such Supplemental Resolution. After the adoption by the Issuer of such Supplemental Resolution, notice thereof shall be mailed in the same manner as notice of an amendment under Section 7.02 hereof. 42 ARTICLE VIII Agenda Item No. 108 December 14,2004 Page 50 of 136 PROVISIONS RELATING TO THE BOND INSURANCE POLICY AND INSURER FOR THE SERIES 200SA BONDS SECTION 8.01 MUNICIPAL BOND INSURANCE. Subject in all respects to the award Œ the Series 2005A Bonds in accordance with this Resolution and the Official Notice of Sale, the Issuer hereby authorizes the payment of the principal of and interest on the Series 2005A Bonds to be insured pursuant to the Bond Insurance Policy issued by Ambac Assurance Corporation (IIAmbac Assurance" or the "Insurer"). The Chair is hereby authorized to execute such documents and instruments necessary to cause Ambac Assurance to insure the Series 200SA Bonds. Ambac Assurance shall be deemed to be an Insurer and a Credit Facility Provider pursuant to this Resolution. SECTION 8.02. PROVISIONS RELATING TO BOND INSURANCE POLICY. (A) The commitment from Ambac Assurance to issue its Bond Insurance Policy with respect to the Series 2005A Bonds is hereby approved md authorized and payment for the premium for such insurance is hereby authorized from proceeds of the Series 200SA Bonds. A statement of insurance is hereby authorized to be printed on or attached to the Series 2005A Bonds for the benefit and information of the Bondholders of the Series 2005A Bonds. (B) Subject in all respects to the award of the Series 2005A Bonds in accordance with this Resolution and the Official Notice of Sale, so long as the Bond Insurance Policy issued by Ambac Assurance is in full force and effect and Ambac Assurance has not defaulted in its payment obligations under the Bond Insurance Policy, the Issuer agrees to comply with the following provisions: (1) Notices to be given to Ambac Assurance. The Issuer or the Paying Agent shall furnish to Ambac Assurance, upon request (to the attention of the Surveillance Department, unless otherwise indicated), the following: (a) as soon as practicable after the filing thereof, a copy of any financial statement of the Issuer and a copy of any audit and annual report of the Issuer; (b) a copy of any notice to be given to the registered owners of the Series 2005A Bonds, including, without limitation, notice of any redemption of or defeasance of Series 2005A Bonds, and any certificate rendered pursuant to this Resolution relating to the security for the Series 2005A Bonds; 43 ,- Agenda Item No.1 08 December 14, 2004 (c) To the extent that the Issuer has entered into a contÏfflSft,1 of 136 disclosure agreement with respect to the Series 2005A Bonds, Ambac Assurance shall be included as party to be notified; and (d) such additional infonnation Ambac Assurance may reasonably request. The Paying Agent or Issuer shall notify Ambac Assurance (to the attention of the General Counsel Office) of any failure of the Issuer to provide any relevant notices, certificates, etc. The Issuer will pennit Ambac Assurance to discuss the affairs, fmances and accounts of the Issuer or any information Ambac Assurance may reasonably request regarding the security for the Series 2005A Bonds with appropriate officers of the Issuer. The Paying Agent or Issuer will pennit Ambac Assurance to have access to and to make copies of all books and records relating to the Series 2005A Bonds at any reasonable time. Notwithstanding any other provision of this Resolution, the Issuer shall immediately notify Ambac Assurance (to the attention of the General Counsel Office) if at àny time there are insufficient moneys to make any payments of principal and/or interest as required and immediately upon the occurrence of any event of default under this Resolution. (2) Payment Procedure Pursuant to Bond Insurance Policy. As long as the Bond Insurance Policy shall be in full force and effect, the Issuer and the Paying Agent agree to comply with the following provisions: (a) at least one (I) day prior to all Interest Dates the Paying Agent or the Issuer will detennine whether there will be sufficient funds in the funds and accounts established under this Resolution to pay the principal of or interest on the Series 2005A Bonds on such Interest Date. If the Paying Agent or the Issuer determines that there will be insufficient funds in such funds or accounts, the Paying Agent or the Issuer shall so notify Ambac Assurance. Such notice shall specify the amount of the anticipated deficiency, the Series 2005ABonds to which such deficiency is applicable and whether such Series 2005A Bonds will be deficient as to principal or interest, or both. If the Paying Agent or the Issuer has not so notified Ambac Assurance at least one (1) day prior to an Interest Date, Ambac Assurance will make payments of principal or interest due on the Series 2005A Bonds on or before the first (1 st) day next following the date 44 Agenda Item No.1 08 December 14, 2004 on which Ambac Assurance shall have received notice of nonpaymenr~2 of 136 the Paying Agent or the Issuer. (b) the Registrar or the Paying Agent shall, after notice has been given to Ambac Assurance as provided in (2)(a) above, make available to Ambac Assurance and, at Ambac Assurance's direction, to The Bank of New York, in New York, New York, as insurance trustee for Ambac Assurance or any successor insurance trustee (the "Insurance Trustee"), the registration books of the Issuer maintained by the Registrar and all records relating to the funds and accounts maintained under this Resolution. (c) the Paying Agent or the Registrar shall provide Ambac Assurance and the Insurance Trustee with a list of registered owners of Series 2005A Bonds entitled to receive principal or interest payments from Ambac Assurance under the tenns of the Bond Insurance Policy, and shall make arrangements with the Insurance Trustee (i) to mail checks or drafts to the registered owners of the Series 2005A Bonds entitled to receive full or partial interest payments from Ambac Assurance and (ii) to pay principal upon the Series 2005A Bonds surrendered to the Insurance Trustee by the registered owners of the Series 2005A Bonds entitled to receive full or partial principal payments from Ambac Assurance. (d) the Paying Agent or Registrar shall, at the time it provides notice to Ambac Assurance pursuant to (2)(a) above, notify registered owners of Series 2005A Bonds entitled to receive the payment of principal or interest thereon from Ambac Assurance (i) as to the fact of such entitlement, (ii) that Arnbac Assurance will remit to them all or a part of tœ interest payments next coming due upon proof of Series 2005A Bondholder entitlement to interest payments and delivery to the Insurance Trustee, in fonn satisfactory to the Insurance Trustee, of an appropriate assignment of the registered owner's right to payment, (iii) that should they be entitled to receive full payment of principal from Ambac Assurance, they must surrender their Series 2005A Bonds (along with an appropriate instrument of assignment in fonn satisfactory to the Insurance Trustee to pennit ownership of such Series 2005A Bonds to be registered in the name of Ambac Assurance) for payment to the Insurance Trustee, and not the Paying Agent, and (iv) that should they be entitled to receive partial payment of principal from Ambac Assurance they must surrender their Series 2005A Bonds for payment thereon first to the Paying Agent who shall note on such Series 2005A Bonds the portion of the principal paid by the Paying Agent and then, along with an appropriate instrument of 45 Agenda Item No.1 08 December 14, 2004 assignment in fonn satisfactory to the Insurance Trustee, to the Ins~j3 of 136 Trustee, which will then pay the unpaid portion of principal. (e) in the event that the Paying Agent has notice that any payment of principal of or interest on a Series 2005A Bond which has become due for payment and which is made to a Series 2005A Bondholder by or on behalf of the Issuer has been deemed a preferential transfer and theretofore recovered from its registered owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the fmal, nonappealable order of a court having competent jurisdiction, the Paying Agent shall, at the time Ambac Assurance is notified pursuant to (a) above, notify all registered owners that in the event that any registered owner's payment is so recovered, such registered owner will be entitled to payment from Ambac Assurance to the extent of such recovery if sufficient funds are not otherwise available, and the Paying Agent shall furnish to Ambac Assurance its records evidencing the payments of principal of and interest on the Series 2005A Bonds which have been made by the Paying Agent and subsequently recovered from registered owners and the dates on which such payments were made. ,.'~ (t) in addition to those rights granted Ambac Assurance under this Resolution, Ambac Assurance shall, to the extent it makes payment of principal of or interest on Series 2005A Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Bond Insurance Policy, and to evidence such subrogation (i) in the case of subrogation as to claims for past due interest, the Registrar shall note Ambac Assurance's rights as subrogee on the registration books of the Issuer maintained by the Registrar upon receipt from Ambac Assurance of proof of the payment of interest thereon to the registered owners of the Series 2005A Bonds, and (ii) in the case of subrogation as to claims for past due principal, the Registrar shall note Ambac Assurance's rights as subrogee on the registration books of the Issuer maintained by the Registrar upon surrender of the Series 2005A Bonds by the registered owners thereof together with proof of the payment of principal thereof. (3) Consent of Ambac Assurance. Any provision of this Resolution expressly recognizing or granting rights in or to Ambac Assurance may not be amended in any manner which affects the rights of Ambac Assurance hereunder without the prior written consent of Ambac Assurance. Ambac Assurance reserves the right to charge the Issuer a fee for any consent or amendment to this Resolution while the Bond Insurance Policy is outstanding. 46 Agenda Item No. 10B December 14, 2004 (4) Consent of Ambac Assurance in Addition to Bondholder's ccf'n%aiié4 of 136 Unless otherwise provided in this Section, Ambac Assurance's consent shall be required in addition to Series 2005A Bondholder consent when Series 2005A Bondholder consent is required for the following purposes: (a) execution and delivery of any Supplemental Resolution; (b) removal of the Paying Agent and selection and appointment of any successor trustee or paying agent; and (c) initiation or approval of any action not described in (a) or (b) above which requires consent of the Series 2005ABondholders. (5) Consent of Ambac Assurance in the Event of Insolvency. Any reorganization or liquidation plan with respect to the Issuer must be acceptable to Ambac Assurance. In the event of any reorganization or liquidation, Ambac Assurance shall have the right to vote on behalf of all Holders of Series 2005A Bonds absent á default by Ambac Assurance under the Bond Insurance Policy. (6) Consent of Ambac Assurance UpOn Default. Anything in this Resolution to the contrary notwithstanding, upon the occurrence and continuance of an event of default as described in this Resolution, Ambac Assurance shall be entitled to control and direct the enforcement of all rights and remedies granted to the Series 2005A Bondholders or the Paying Agent for the benefit of the Series 2005A Bondholders under this Resolution. (7) Provisions Concerning the Paying Agent. (a) The Paying Agent may be removed at any time, at the request of Ambac Assurance, for any breach of the trust set forth herein. (b) Ambac Assurance shall receive prior written notice of any Paying Agent resignation or removal. (c) Every successor Paying Agent appointed pursuant to this Resolution shall be a trust company or bank in good standing located in or incorporated under the laws of the State, duly authorized to exercise trust powers and subject to examination by federal or state authority, having a reported capital and surplus of not less than $75,000,000 and acceptable to Ambac Assurance. (d) Notwithstanding any other provision of this Resolution, in determining whether the rights of the Series 2005A Bondholders will be adversely affected by any action taken pursuant to the tenns and provisions of this Resolution, the Paying Agent shall consider the effect on the Series 2005ABondholders as if there were no Bond Insurance Policy. 47 Agenda Item No. 108 December 14, 2004 (e) Notwithstanding any other provision of this Resoluticful,gft@5 of 136 removal, resignation or tennination of the Paying Agent shall take effect until a successor, acceptable to Ambac Assurance, shall be appointed. (8) Interested Parties. To the extent that this Resolution confers upon or gives or grants to Ambac Assurance any right, remedy or claim under or by reason of this Resolution, Ambac Assurance is thereby explicitly recognized as being a third- party beneficiary hereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder. Nothing in this Resolution, expressed or implied, is intended or shall be construed to confer upon, or to give or grant to, any person or entity, other than the Issuer, the Paying Agent, Ambac Assurance, the Insurer and the registered owners of the Series 2005A Bonds, any right, remedy or claim under or by reason of this Resolution or any covenant, condition or stipulation hereof, and all covenants, stipulations, promises and agreements in this Resolution contained by and on behalf of the Issuer shall be for the sole and exclusÌ\e benefit of the Issuer, the Paying Agent, Ambac Assurance, the Insurer and the registered owners of the Series 2005ABonds. (9) Defeasance. Notwithstanding anything in this Resolution to the contrary, in the event that the principal and/or interest due œ the Series 2005A Bonds shall be paid by Ambac Assurance pursuant to the Bond Insurance Policy, the Series 2005A Bonds shall remain outstanding for all purposes, not be defeased or otherwise satisfied and not be considered paid by the Issuer, and the assignment and pledge of the Pledged Funds and all covenants, agreements and other obligations of the Issuer to the registered owners shall continue to exist and shall run to the benefit of Ambac Assurance, and Ambac Assurance shall be subrogated to the rights of such registered owners. 48 ARTICLE IX Agenda Item No. 108 December 14,2004 Page 56 of 136 DEFEASANCE SECTION 9.01. DEFEASANCE. If (A) the Issuer shall payor cause to be paid or there shall otherwise be paid to the Holders of any Series of Bonds the principal and interest or Redemption Price due or to become due thereon, at the times and in the manner stipulated therein and in this Resolution, and (ii) the Issuer shall pay all amounts owing to any Credit Facility Provider issuing a Credit Facility with respect to such Series of Bonds, and all covenants, agreements and other obligations of the Issuer to the holders of such Series of Bonds, shall thereupon cease, tenninate and become void and be discharged and satisfied. In such event, the Paying Agents shall pay over or deliver to the Issuer all money or securities held by them pursuant to this Resolution which are not required for payment or redemption of any Series of Bonds not theretofore surrendered for such payment or redemption. Any Bonds or interest installments appertaining thereto shall be deemed to have been paid within the meaning of this Section 9.01 if there shall have been deposited in irrevocable trust with a banking institution or trust company by or on behalf of the Issuer either moneys in an amount which shall be sufficient, or Federal Securities verified by an independent certified public accountant to be in such amount that the principal of and the interest on or redemption price which when due will provide moneys which, together with the moneys, if any, deposited with such banking institution or trust company at the same time shall be sufficient, to pay the principal of and interest due and to become due on said Bonds on and prior to the maturity date thereof. Except as hereafter provided, neither the Federal Securities nor any moneys so deposited with such banking institution or trust company nor any moneys received by such bank or trust company on account of principal of or redemption price, if applicable, or interest on said Federal Securities shall be withdrawn or used for any purpose other than, and all such moneys shall be held in trust for and be applied to, the payment, when due, ofthe principal of or redemption price of the Bonds for the payment of which they were deposited and the interest accruing thereon to the date of maturity; provided, however, the Issuer may substitute new Federal Securities and moneys for the deposited Federal Securities and moneys if the new Federal Securities and moneys are sufficient to pay the principal of and interest on or redemption price of the refunded Bonds. For purposes of determining whether Variable Rate Bonds shall be deemed to have been paid prior to the maturity or the redemption date thereof, as the case may be, by the deposit of moneys, or specified Federal Securities and moneys, if any, in accordance with this Section 9.01, the interest to come due on such Variable Rate Bonds on or prior to the maturity or redemption date thereof, as the case may be, shall be 49 Agenda Item NO.1 08 December 14, 2004 calculated at the Maximum Interest Rate; provided, however, that if on any datf,~ ~7 of 136 result of such Variable Rate Bonds having borne interest at less than the Maximum Interest Rate for any period, the total amount of moneys and specified Federal Securities on deposit for the payment of interest on such Variable Rate Bonds is in excess of the total amount which would have been required to be deposited on such date in respect of such Variable Rate Bonds in order to satisfy this Section 9.01, such excess shall be paid to the Issuer free and clear of any trust, lien, pledge or assignment securing the Bonds or otherwise existing under this Resolution. If Bonds are not to be redeemed or paid within 60 days after any such defeasance described in this Section 9.01, the Issuer shall cause the Registrar to mail a notice to the Holders of such Bonds that the deposit required by this Section 9.01 of moneys or Federal Securities has been made and said Bonds are deemed to be paid in accordance with the provisions of this Section 9.01 and stating such maturity date upon which moneys are to be available for the payment of the principal of and interest on or redemption price of said Bonds. Failure to provide said notice shall not affect the Bonds being deemed to have been paid in accordance with the provisions of this Section 9.01. ,,.-. Notwithstanding anything œrein to the contrary, in the event that the principal of or interest due on the Bonds shall be paid by a Credit Facility Provider, such Bonds shall remain Outstanding, shall not be defeased or otherwise satisfied and shall not be considered paid by the Issuer, and the pledge of the Limited Ad Valorem Tax and all covenants, agreements and other obligations of the Issuer to the Bondholders shall continue to exist and Credit Facility Provider shall be subrogated to the rights of such Bondholders. [Remainder of page intentionally left blank] 50 ARTICLE X Agenda Item No.1 08 December 14, 2004 Page 58 of 136 PROVISIONS RELATING TO SERIES 200SA BONDS SECTION 10.01. OFFICIAL NOTICE OF SALE. The fonn of the Official Notice of Sale attached hereto as Exhibit B and the tenns and provisions thereof are hereby authorized and approved. The Chair is hereby authorized to make such changes, insertions and modifications as he or she shall deem necessary prior to the advertisement of such Official Notice of Sale or a summary thereof. The Chair is hereby authorized to advertise and publish the Official Notice of Sale or a summary thereof at such time as he or she shall deem necessary and appropriate, upon the advice of the Financial Advisor, to accomplish the competitive sale of the Series 2005A Bonds in accordance with applicable law. SECTION 10.02. PRELIMINARY OFFICIAL STATEMENT; OFFICIAL ST A TEMENT. (A) The Issuer hereby authorizes the distribution and use of the Preliminary Official Statement in substantially the fonn attached hereto as Exhibit C in connection with the offering of the Series 2005A Bonds for sale. If between the date hereof and the mailing of the Preliminary Official Statement, it is necessary to make insertions, modifications or changes in the Preliminary Official Statement, the Chair is hereby authorized to approve such insertions, changes and modifications. The Chair is hereby authorized to deem the Preliminary Official Statement "fmal" within the meaning of Rule 15c2-12(b)(I) under the Securities Exchange Act of 1934 in the fonn as mailed. Execution of a certificate by the Chair deeming the Preliminary Official Statement "final" as described above shall be conclusive evidence of the approval of any insertions, changes or modifications. (B) The fonn, tenns and provisions of the Official Statement relating 10 the Series 2005A Bonds shall be substantially as set forth in the Preliminary Official Statement and shall include all of the specific fmancial terms of the Series 2005A Bonds. Subject in all respects to the award of the Series 2005A Bonds in accordance with this Resolution and the Official Notice of Sale, the Chair is hereby authorized and directed to execute and deliver said Official Statement in the name and on behalf of the Issuer, and thereupon to cause such Official Statement to be delivered to the winning bidder with such changes, amendments, modifications, omissions and additions as may be approved by the Chair. Said Official Statement, including any such changes, amendments, modifications, omissions and additions as approved by the Chair and the infonnation contained therein are hereby authorized to be used in connection with the sale of the Series 2005A Bonds to the public. Execution by the Chair of the Official Statement shall be deemed to be conclusive evidence of approval of such changes. 51 Agenda Item No.1 OB December 14, 2004 SECTION 10,03. APPOINTMENT OF PAYING AGENT P~of136 REGISTRAR. Subject in all respects to the award of the Series 2005A Bonds in accordance with this Resolution and the Official Notice of Sale, U.S. Bank National Association, Fort Lauderdale, Florida, is hereby designated Registrar and Paying Agent for the Series 2005A Bonds. The Chair and/or the Clerk are hereby authorized to enter into any agreement which may be necessary to effect the transactions contemplated by this Section 10.03 and by this Resolution. SECTION 10.04. SECONDARY MARKET DISCLOSURE. Subject in all respects to the award of the Series 2005A Bonds in accordance with this Resolution and the Official Notice of Sale, the Issuer hereby covenants and agrees that, in order to provide for compliance by the Issuer with the secondary market disclosure requirements of the Rule, it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate to be executed by the Issuer and dated the dated date of the Series 2005A Bonds, as it may be amended nom time to time in accordance with the tenns thereof. The Continuing Disclosure Certificate shall be substantially in the form of Exhibit D hereto with such changes, amendments, modifications, omissions and additions as shall be approved by the Chair who is hereby authorized to execute and deliver such Certificate. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with such Continuing Disclosure Certificate shall not be considered an Event of Default mder this Resolution; provided, however, to the extent permitted by law, the sole and exclusive remedy of any Series 2005A Bondholder for the enforcement of the provisions of the Continuing Disclosure Certificate shall be an action for mandamus or specific perfonnance, as applicable, by court order, to cause the Issuer to comply with its obligations under this Section 10.04 and the Continuing Disclosure Certificate. For purposes of this Section 10.04, "Series 2005A Bondholder" shall mean any person who (A) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2005A Bonds (including persons holding such Bonds through nominees, depositories or other intennediaries), or (B) is treated as the owner of any such Bond for federal income tax purposes. 52 ,-,-.... ARTICLE XI Agenda Item No.1 08 December 14, 2004 Page 60 of 136 MISCELLANEOUS SECTION 11.01. CAPITAL APPRECIATION BONDS. For the purposes of (A) receiving payment of the Redemption Price if a Capital Appreciation Bond is redeemed prior to maturity, or (B) receiving payment of a Capital Appreciation Bond if the principal of all Bonds becomes due and payable under the provisions of this Resolution, or (C) computing the amount of Bonds held by the Holder of a Capital Appreciation Bond in giving to the Issuer or any trustee or receiver appointed to represent the Bondholders any notice, consent, request or demand pursuant to this Resolution for any purpose whatsoever, the principal amount of a Capital Appreciation Bond shall be deemed to be its Accreted Value. SECTION 11.02. SALE OF BONDS. The Bonds shall be issued and sold at public or private sale at one time or in installments from time to time and at such price or prices as shall be consistent with the provisions of the Act, the requirements of this Resolution and other applicable provisions oflaw. SECTION 11.03. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Resolution or the Bond Insurance Policy or which are desirable or consistent with the requirements of tlùs Resolution or the Bond Insurance Policy for the full punctual and complete perfonnance of all the terms, covenants and agreements contained herein or in the Bonds and this Resolution, including the execution of any documents or instruments relating to insuring payment of the Bonds, and each member, employee, attorney and officer of the Issuer or the Issuer are hereby authorized and directed to execute and deliver any and all papers and instruments and to be and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. If the Chair is unavailable or unable at any time to perfonn any duties or functions hereunder, the Vice- Chair is hereby authorized and directed to act on his or her behalf. SECTION 11.04. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or ofthe Bonds issued hereunder. 53 Agenda Item No.1 08 December 14, 2004 SECTION 1l.OS. REPEAL OF INCONSISTENT RESOLUTIONfagJ\.íì1 of 136 ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 11.06. EFFECTIVE DATE. This Resolution shall take effect immediately upon its enactment in accordance with law. DULY ADOPTED, in Regular Session this 14th day of December, 2004. COLLIER COUNTY, FLORIDA (SEAL) By: Chair ATTEST: Clerk Approved as to Fonn and Legal Sufficiency: County Attorney 54 EXHIBIT A Agenda Item No.1 08 December 14, 2004 Page 62 of 136 GENERAL DESCRIPTION OF THE 2005A PROJECT The 2005A Project generally includes the following, as more particularly described in the plans and specifications on file with the Issuer, and as the same may be amended or supplemented from time to time: · acquisition of approximately 80 acres of real property commonly known as the Malt Property (Tax Identification Nwnber0074196000l) · acquisition of approximately 80 acres of real property commonly known as the Talon Property (Tax Identification Number 00222280705) · acquisition of approximately 13 acres out of approximately 45.24 acres of real property commonly known as the Fleischmann Property (Tax Identification Number 13800022000) · acquisition of a portion of the real property described on Schedule I attached hereto which specific acquisitions shall be approved by the Board a:!"¢(O DOC") .,.-0"'- ,N_ O - 0 Z"¢C") "-(0 E(¡;( ) .$..0 OJ -ECU CUQJeL "Ou CQJ &0 « -< - .... ,Q :a ~ ~ Q Eo- ÞOOOI ~ - = "'c:t ~ -= ~ íI.) ! ~ -< I!~ Si!t::OS;¡OS;¡ s;¡cgs;¡ i~ ~~&q&Õ_ õ.8_qõ_:£~ U~OO~~§~~~O~~~~ÑÑ ~ N ! ~ 'U .J i -< I~ !~ ~g_8Si!gg ~NoC5oo :2"'---- _q¡g¡gf8~ ...-NNNNN ~§§-§- ~_! 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In .. .. i "E"E ~ ~ J! ~ ~ j ::> I'll as 0<:<: ~ e e u I'll '" :2 :2 õ 8'8' '5ï ~ ~ W ...J ...J e ~ Z ~ ~ i õê ~ê "ëê ~ ·Ë 8 8 7ñ.s -", iñ.s ~~ $F I~ $F ~ 0 0 r-. 8 N 00 0 g 88 0 0 0 0 0 0 ~§ to ~ 00 N .... ..,. .... .2 ..... 0 en It) ... .... 0 en ..., en en Õ N N ... ..., ..., ..., c 0 8 0 00 co II.. C C C ..., ..., i :i e {!. 11. .. ~ ID i! J ~ !. 0 '" - - 4: dJ .c 2 ~ ID (J) Ü ID i I- _è; ~ .... .c .c '" ] ... .. j!'CI (,J ~ i 0 0 S! Be i! .c "E ~ <: .::a 3 .3 '" .. õ Õ ::I ID ¡¡: :I: :I: :::¡; :::¡; f/ f/ ... N ..., .". It) to EXHIBIT B Agenda Item No.1 08 December 14,2004 Page 65 of 136 FORM OF OFFICIAL NOTICE OF SALE .- Agenda Item No.1 OB December 14, 2004 Page 66 of 136 OFFICIAL NOTICE OF SALE $35,370,000* Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program), Series 2005 Electronic Bids, as Described Herein Will Be Accepted Until 10:00 a.m., Eastern Daylight Savings Time, January 18,2005* · Preliminary, subject to change. Collier County - Limited General Obligation Bonds -NOS Pagel OFFICIAL NOTICE OF SALE Agenda Item No, 108 December 14, 2004 Page 67 of 136 $35,370,000* Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program), Series 2005 NOTICE IS HEREBY GIVEN that electronic bids will be received in the manner, on the date and up to the time specified below: DATE: TIME: ELECTRONIC BIDS: Tuesday, January 18,2005* 10:00 A.M. Eastern Daylight Savings Time* May be submitted only through BidcomplParity Competitive Bidding System ("PARITY") as described below. No other form of bid or provider of electronic bidding services will be accepted. .- GENERAL Bids will be received for the purchase of all, but not less than all, of the $35,370,000* Limited General Obligation Bonds (Conservation Collier Program), Series 2005 (the "Bonds") to be issued by Collier County, Florida (the "County") pursuant to the terms and conditions of a resolution adopted by the Board of County Commissioners of the County (the "Board') on , 2005 (the "Bond Resolution'). The Bond proceeds will be used to finance the acquisition of certain environmentally sensitive lands within the County and pay certain costs and expenses related to the issuance of the Bonds. The Bonds are more particularly described in the Preliminary Official Statement dated January _,2005 (the "Preliminary Official Statement') relating to the Bonds, available at ~deal's website, www.i-dealprospectus.com.This Official Notice of Sale contains certain information for quick reference only. It is not, and is not intended to be, a summary of the Bonds. Each bidder is required to read the entire Preliminary Official Statement to obtain information essential to making an informed investment decision. Prior to accepting bids, the County reserves the right to change the principal amount of the Bonds being offered and the terms of the Bonds, to postpone the sale to a later date or time, or cancel the sale. Notice of a change or cancellation will be announced via The Bond Buyer news service at the internet website address www.tm3.com not later than Noon, Eastern Daylight Savings Time, on the day preceding the bid opening or as soon as practicable. Such notice will speciry the revised principal amount or terms, if any, and any later date or time selected for the sale, which may be postponed or cancelled in the same manner. If the sale is postponed, a later public sale may be held at the hour, in the manner, and on such date as communicated upon at least twenty-four (24) hours notice via The Bond Buyer news service at the internet website address www.tIn3.com. The County reserves the right, after the bids are opened, to adjust the principal amount of. the Bonds, as further described herein. See "ADJUSTMENT OF AMOUNTS AND MATURITIES." · Preliminary, subject to change Collier County - Limited General Obligation Bonds -NOS Page 2 Agenda Item No. 10B December 14, 2004 Page 68 of 136 To the extent any instructions or directions set forth in P ARlIT conflict with this Official Notice of Sale, the tenns of this Official Notice of Sale shall control. For further information about PARITY and to subscribe in advance of the bid, potential bidders may contact PARITY at (212) 404-8102. Each prospective electronic bidder must be a subscriber to PARITY. Each qualified prospective electronic bidder shall be solely responsible to make necessary arrangements to view the bid fonn on PARITY and to access P ARlIT for the purposes of submitting its bid in a timely manner and in compliance with the requirements of the Official Notice of Sale. Neither the County nor PARITY shall have any duty or obligation to provide or assure access to P ARlIT to any prospective bidder, and neither the County nor PARITY shall be responsible for a bidder's failure to register to bid or for proper operation of, or have any liability for any delays or interruptions of, or any damages caused by, PARITY. The County is using PARITY as a communication mechanism, and not as the County's agent, to conduct the electronic bidding for the Bonds. The County is not bound by any advice and determination of P ARlIT to the effect that any particular bid complies with the terms of this Official Notice of Sale and, in particular, the bid specifications hereinafter set forth. All costs and expenses incurred by prospective bidders in connection with their registration and submission of bids via PARITY are the sole responsibility of such bidders and the County shall not be responsible, directly or indirectly, for any such costs or expenses. If a prospective bidder encounters any difficulty in submitting, modifying or withdrawing a bid for the Bonds, the prospective bidder should immediately telephone PARITY at 212-404-8102 and notify the County's Financial Advisor, Public Financial Management, Inc., at 239-939-3009. The County shall have no responsibility for technological or transmission errors that any bidder may experience in transmitting a bid. THE BONDS The Bonds will be issued in fully registered, book-entry only form, without coupons, will be dated as of their date of delivery (currently anticipated to be February 2,2005), will be issued in denominations of $5,000 or integral multiples thereof, will bear interest ITom their dated date until paid at the annual rate or rates specified by the successful bidder, subject to the limitations specified below, payable as shown on the Summary Table. Interest will be computed on the basis of a 360-day year of twelve 30- day months. The Bonds must meet the minimum and maximum coupon and reofferingprice criteria shown in the Summary Table on a maturity and aggregate basis. The Bonds will mature on the month and day, in the years and principal amounts shown on the Summary Table as serial bonds. REDEMPTION The Bonds are not subject to redemption prior to maturity. STRUCTURE Bidders are not pennitted to tenn any of the Bonds. All Bonds must remain in serial form. Collier County - Limited General Obligation Bonds -NOS Page 3 Agenda Item No.1 OB December 14, 2004 Page 69 of 136 SECURITY Payment of the principal of and interest on the Bonds will be payable solely trom and secured by a pledge of the Limited Ad Valorem Tax, as described in the Bond Resolution. Limited Ad Valorem Tax refers to an ad valorem tax levied in an arrount not to exceed one- quarter (1/4) of one mill upon all taxable property within the County; provided, however, that in no event shall the holder or holders of the Bonds ever have the right to compel the full faith, credit and resources of the County in an amount in excess of one-quarter (1/4) of one mill. ,- Collier County - Limited Genual ObligaJion Bonds -NOS Page" Summary Table* Agenda Item No.1 08 December 14,2004 Page 70 of 136 If numerical or date references contained in the body of this Official Notice of Sale conflict with this Summary Table, the body of this Official Notice of Sale shall control. Consult the body of this Official Notice of Sale for a detailed explanation of the items contained in the Summary Table, including interpretation of such items and methodologies used to detennine such items. Prospective purchasers of the bonds must read the entire official notice of sale. TenDS of the Bonds Dated Date Anticipated Delivery Date Interest Payment Dates Principal Payment Dates (January 1): Year Principal Amount· 2006 3,780,000 2007 4,210,000 2008 4,285,000 2009 4,375,000 Interest Calculation Ratings : Moody's S&P Bidding Parameters Sale Date Bidding Method All or none vs. Maturity-by Maturity Bid A ward Method Bid Confirmation Bid A ward Good Faith Deposit Coupon Multiples Maximum Coupon Minimum Coupon Optional· Redemption Tenn Bonds Maximum Reoffering Price: Maturity Aggregate Minimum Reoffering Price: Maturity Aggregate Insurance Adjustment Parameters Principal Increases: Maturity Aggregate Maturity Aggregate Principal Reductions : Date of Delivery February 2, 2005* January 1 and July 1, commencing July 1,2005 Year 2010 2011 2012 2013 Principal Amount· 4,485,000 4,605,000 4,740,000 4,890,000 36o-day year of twelve 3D-day months A3 AA- January 18,2005* PARITY All-or-none Lowest true interest cost Fax signed Official Confirmation of Bid Fonn As soon as practicable on day of sale $350,000; Surety bond required prior to bid 1/8 or 1120 of 1% 5.25% None No No Unlimited Unlimited 98.0% 99.0% Yes, all maturities, by premium to be paid by the County (as required to fund project requirements) Unlimited Unlimited Unlimited Unlimited Collier County - Limited General Obligation Bonds -NOS PageS Agenda Item No.1 08 December 14, 2004 Page 71 of 136 ~- ADJUSTMENT OF AMOUNT AND MATURITIES The aggregate principal amount of each maturity of Bonds is subject to adjustment by the County after the receipt and opening of the bids for their purchase. Changes to be made after the opening of the bids will be communicated to the successful bidder directly prior to 8:00 a.m., Eastern Daylight Savings Time on the date following the sale date. The County may cancel the sale of the Bonds or adjust the aggregate principal amount. The County may increase or decrease the principal amount of the Bonds or any maturity thereof by no more than the individual maturity or aggregate principal percentages, if any, shown in the Summary Table. The County will consult with the successful bidder before adjusting the amount of any maturity of the Bonds or canceling the Bonds; however, the County reserves the sole right to make adjustments, within the limits described above, or cancel the sale of the Bonds. Adjustment to the size of the Bonds within the limits described above does not relieve the purchaser ftom its obligation to purchase all of the Bonds offered by the County. Each bid must specify the initial reoffering prices to the public of each maturity of Bonds. Adjustments may be made to the principal amounts based on the reoffering prices shown on PARITY. In determining whether there will be any revision to the principal amount of or maturity of the Bonds subsequent to the bid opening and award, the County expects that changes may be made that are necessary to increase or decrease the principal amount of the Bonds to meet the County's project funding objectives, all subject to the limitations set forth above. In the event that the principal amount of any maturity of the Bonds is revised after the award, the interest rate and reoffering price for each maturity and the Underwriter's Discount on the Bonds as submitted by the successful bidder shall be beld constant. The "Underwriter's Discount" shall be defined as the difference between the purchase price of the Bonds submitted by tœ bidder and the price at which the Bonds will be issued to the public, calculated fom information provided by the bidder,.divided by the par amount of the Bonds bid. FORM AND PAYMENT The Bonds will be i;sued in fully registered, book-entry only form and a bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC'), registered in the name of its nominee, Cede & Co. A book-entry system will be employed, evidencing ownership of the Bonds, with transfers of ownership effected on the records of DTC and its participants pursuant to roles and procedures adopted by DTC and its participants. The successful bidder, as a condition to delivery of the Bonds, will be required to deposit the Bond certificates with DTC or the Registrar (as defined below), registered in the name of Cede & Co. Principal of, premium, if any, and interest on the Bonds will be payable by US Bank:, the paying agent and registrar (the "Registrar") for the Bonds by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds. Transfer of principal, premium, if any, and interest payments to the beneficial owners by participants of DTC will be the responsibility of sœh participants and other nominees of beneficial owners. Neither the County nor the Registrar will be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. CoUier County - Limited General Obligation Bonds -NOS Page 6 Agenda Item No. 10B December 14.2004 Principal of, and premium, if any, on the Bonds will be payable on surrender thdf~ät2 of 136 the principal office of the Registrar on the month and day, in the years and amounts established in accordance with the award of the Bonds. Interest on the Bonds is payable on the dates shown in the Summary Table. The Registrar will mail interest payments on the Bonds on each interest payment date to the owners of the Bonds at the addresses listed on the registration books maintained by the Registrar for such purpose on the fifteenth day of the calendar month prior to payment, as described in the Bond Resolution. So long as DTC or its nominee is the registered owner of the Bonds, payments of principal, interest and any redemption premium on the Bonds will be made to DTC or its nominee. PRELIMINARY OFFICIAL STATEMENT AND FINAL OFFICIAL ST A TEME~. The County has authorized the preparation and electronic distribution of a Preliminary Official Statement containing information relating to the Bonds. The Preliminary Official Statement has been deemed final by the County as required by Rule 15c2-12 of the Securities and Exchange Commission. The County will furnish the successful bidder on the date of closing, with its certificate as to the completeness and accuracy of the Official Statement. The Preliminary Official Statement, this Official Notice of Sale and the Official ConflI111ation of Bid Form and any other infonnation concerning the proposed fmancing will be available electronically at I-Dears website, www.i-dealprospectus.com Assistance in obtaining the documents will be provided by J.Deal customer service at 212-404-8102 or ftom Public Financial Management, Inc., Financial Advisor to the County, 13350 Metro Parkway, Suite 302, Fort Myers, FL 33912, 239-939- 3009,239-939-1220 fax, sheltonl@publicfin.com. The Preliminary Official Statement, when amended to reflect the actual amount of the Bonds sold, the interest rates specified by the successful bidder and the price or yield at which the successful bidder will reoffer the Bonds to the public, together with any other information required by law, \\ill constitute a final "Official Statement" with respect to the Bonds as that term is defined in Rule 15c2-12. No more than seven business days after the date of the sale, the County will provide without cost to the respective successful bidder up to 200 copies of the Official Statement. If the Bonds are awarded to a syndicate, the County will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. Any underwriter submitting a bid with respect to the Bonds agrees thereby that if its bid is accepted, it shall accept such designation and shall enter into a contractual relationship with all participating underwriters for the purpose of assuring the receipt and distribution by each participating underwriter of the Official Statement. LEGAL OPINIONS The Bonds will be sold subject to the opinion of Nabors, Giblin & Nickerson, P.A., the County's Bond Counsel, as to the legality thereof and such opinion will be furnished without cost to the purchaser and all bids will be so conditioned. A form of Bond Counsel's opinion is attached to the Preliminary Official Statement as Appendix _. Certain matters will be passed on for the County by David C. Weigel, County Attorney. A legal opinion (or reliance letter thereon) of Bryant Miller & Olive P .A., Tampa, Florida, Disclosure Counsel, and a legal opinion of David C. Weigel, County Attorney, with respect to certain matters concerning the Official Statement will be ilmished without charge to the successful bidder at the time of delivery of the Bonds. Collier County - Limited General Obligation Bonds -NOS Page 7 Agenda Item No.1 08 December 14, 2004 Page 73 of 136 BIDDING PROCEDURE; OFFICIAL BID FORMS Only electronic bids submitted via P ARlTY will be accepted. No other provider of electronic bidding services will be accepted. No bid delivered in person or by facsimile directly to the County will be accepted. Bidders are permitted to submit bids for the Bonds during the bidding time period, provided they are eligible to bid as described under "GENERAL" above. Each electronic bid swmitted via PARITY shall be deemed an irrevocable offer in response to this Official Notice of Sale and shall be binding upon the bidder as if made by a signed, sealed bid delivered to the County. All bids remain firm until an award is made. The successful bidder must confirm the details of such bid by a signed Official Confirmation of Bid Form delivered by fax to Public Financial Management, Inc. at 239-939-1220 no later than one hour after being notified by the County of being the winning bidder, the original of which must be received by Public Financial Management, Inc., Financial Advisor to the County on the following business day at 13350 Metro Parkway, Suite 302, Fort Myers, FL 33912. Failure to deliver does not relieve the bidder of the obligation to purchase the Bonds. FORM OF BID Bidders must bid to purchase all maturities of the Bonds. Each bid must specify (I) an annual rate of interest for each maturity, (2) reoffering price or yield for each maturity and (3) a dollar purchase price for the entire issue of the Bonds. No more than one (1) bid from any bidder will be considered. A bidder must specify the rate or rates of interest per annum (with no more than one rate of interest per maturity), which the Bonds are to bear, to be expressed in multiples of 118 or 1/20 of 1 %. Any number of interest rates may be named, but the Bonds of each maturity must bear interest at the same single rate for all bonds of that maturity. Each bid for the Bonds must meet the minimum and maximum coupon criteria and minimum and maximum reoffering price criteria shown in the Summary Table on a maturity and aggregate basis. Each bidder must specify, as part of its bid, the prices or yields at which a substantial amount (i.e., at least 10%) of the Bonds of each maturity will be offered and sold to the public. Reoffering prices presented as a part of the bids will not be used in computing the bidder's true interest cost. As promptly as reasonably possible after bids are received, the County will notify the successful bidder that it is the apparent winner. MUNICIPAL BOND INSURANCE The County has received a commitment from of its intent to issue a municipal bond insurance policy insuring payment of principal and interest on the Bonds, when due. The cost of municipal bond insurance will be paid by the County. Information regarding the bond insurance commitment may be obtained from the Public Financial Management, Inc., Financial Advisor to the County, 13350 Metro Parkway, Suite 302, Fort Myers, FL 33912, 239-939-3009, sheltonl@publicfm.com CoUier Collnty - Limited General Obligaiion Bonds -NOS Page 8 AWARD OF BID Agenda Item No. 10B December 14,2004 Page 74 of 136 The County expects to award the Bonds to the winning bidder as soon as practicable after the bids are opened on the sale date. Bids may not be withdrawn prior to the award. Unless all bids are rejected, the Bonds will be awarded by the County on the sale date to the bidder whose bid complies with this Official Notice of Sale and results in the lowest True Interest Cost ("TIC') to the County. The lowest TIC will be determined by doubling the semi-annual interest rate, compounded semi-annually, necessary to discount the debt service payments ITom the payment dates to the dated date of the Bonds and to the aggregate purchase price of the Bonds. If two or more responsible bidders offer to purchase the Bonds at the same lowest TIC, the County will award the Bonds to one of such bidders by lot. Only the fmal bid submitted by any bidder through PARITY will be considered. The right reserved to the County shall be final and binding upon all bidders with respect to the form and adequacy of any proposal received and as in its conformity to the terms of this Official Notice of Sale. RIGHT OF REJECTION The County reserves the right, in its discretion, to reject any and all bids and to waive irregularity or informality in any bid. DELIVERY AND PAYMENT Delivery of the Bonds will be made by the County to DTC in book-entry only form, in New York, New York on or about the delivery date shown in the Summary Table, or such other date agreed upon by the County and the successful bidder. Payment for the Bonds must be made in Federal Funds or other funds immediately available to the County at the time of delivery of the Bonds. Any expenses incurred in providing immediate funds, whether by transfer of Federal Funds or otherwise, will be borre by the purchaser. The County intends to conduct the closing in Naples, Florida. RIGHT OF CANCELLATION The successful bidder will have the right, at its option, to cancel its obligation to purchase the Bonds if the Registrar fails to authenticate the Bonds and tender the same for delivery within 60 days tTom the date of sale thereof, and in such event the successful bidder will be entitled to the return of the Good Faith Deposit accompanying its bid. GOOD FAITH DEPOSIT Each bid for the purchase of the Bonds must be accompanied by a financial surety bond which guarantees payment to the County of the Good Faith Deposit amount shown in the Summary Table to secure the County against any loss resulting from a failure of the successful bidder to take up and pay Dr the Bonds in accordance with the terms of this Official Notice of Sale and of their bids. Each fmancial surety bond must be ITom an insurance company acceptable to the County and licensed to issue such a bond in the State of Florida. Each fmancial surety bond must be submitted to Public Financial Management, Inc., Financial Advisor to the County, 13350 Metro Parkway, Suite 302, Fort Myers, FL 33912, or by facsimile to 239-939-1220, prior to the time bids are required to be submitted and must be in form and substance acceptable to the County. Each financial surety bond must identifY each bidder whose deposit is guaranteed by such fmancial surety bond. Collier County - Limited General Ob/igaûon Bonds -NOS Page 9 Agenda Item No.1 08 December 14. 2004 The successful bidder for the Bonds is required to submit its Good Faith DeposiPfWth"è5 of 136 County in the torm of a wire transfer in federal funds not later than 12:30 p.m., Eastern Daylight Savings Time, on the next business day following the award. If such deposit is not received by that time, the relevant financial surety bond will be drawn upon by the County to satisfy the deposit requirement. The Good Faith Deposit so wired will be retained by the County until the delivery of such Bonds, at which time the good faith deposit will be applied against the purchase price of such Bonds or the good faith deposit \\ill be retained by the County as partial liquidated damages in the event of the failure of the successful bidder to take up and pay for such Bonds in compliance with the terms of the Official Notice of Sale and of its bid. The County will pay no interest on the good faith deposit. The balance of the purchase price must be wired in federal funds to the account detailed in the closing memorandum provided by the County to the successful purchaser, simultaneously with delivery of such Bonds. CUSIP NUMBERS It is anticipated that CUSIP numbers will be printed on the Bonds, but neither failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for the Bonds. Bond Counsel will not review or express any opinion as to the correctness of such CUSIP numbers. The policies of the CUSIP Service Bureau will govern the assignment of specific numbers to the Bonds. The successful bidder will be responsible for applying for and obtaining CUSIP numbers for the Bonds. All expenses in relation to the printing of CUSIP numbers on the Bonds will be paid for by the County; provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers will be the responsibility of and will be paid for by the successful bidder. BLtJE SKY The County has not undertaken to register the Bonds under the securities laws of any state, nor investigated the eligibility of any institution or person to purchaser or participate in the underwriting of the Bonds under any applicable legal investment, insurance, banking or other laws. By submitting a· bid for the Bonds, the successful bidder represents that the sale of the Bonds in states other than Florida will be made only under exemptions from registration or, wherever necessary, the successful bidder will register the Bonds in accordance with the securities laws of the state in which the Bonds are offered or sold. The County agrees to cooperate with the successful bidder, at the bidder's written request and expense, in registering the Bonds or obtaining an exemption from registration in any state where such action is necessary; provided, however, that the County shall not be required to consent to suit or to service of process in any jurisdiction. DISCLOSURE OBUGATIONS OF THE PURCHASER Section 218.38(1)(b)(2), Florida Statutes, requires that the successful purchaser file a statement with the County containing information with respect to any fee, bonus or gratuity paid, in oonnection with the Bonds, by any underwriter or financial consultant to any person not regularly employed or engaged by such underwriter or consultant. Receipt of such statement is a condition precedent to the delivery of the Bonds to such successful bidder. CoUier County - Limited General Obligation Bonds -NOS Page 10 _._--'~_.- Agenda Item No. 1 DB December 14, 2004 The winning bidder must (1) complete the Truth- in- Bonding Statement provided byDðhß6 of 136 Counsel (the fonn of which is attached hereto as Exhibit A) and (2) indicate whether such bidder has paid any finder's fee to any person in connection with the sale of the Bonds in accordance with Section 218.386, Florida Statutes. The successful purchaser will be required to submit to the County prior to closing a certification to the effect that (i) all of the Bonds have been subject of a bona fide initial offering to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices no higher than those shown on the cover of the Official Statement relating to the Bonds, (ii) to the best of the ir knowledge, and based on their records and other infonnation available to them which they believe to be correct, at least IO percent of each maturity of the Bonds were sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at initial offering prices not greater than or yields not lower than the respective prices or yields shown on the cover of the Official Statement, and (iii) at the time they agreed to purchase the Bonis, based upon their assessment of the then prevailing market conditions, they had no reason to believe any of the Bonds would be sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices greater than or yields no lower than the respective prices or yields shown on the cover of the Official Statement. CONTINUING DISCLOSURE The County has covenanted to provide ongoing disclosure in accordance with Rule 15c2- 12 of tœ Securities and Exchange Commission. The specific nature of the information to be contained in the Annual Report and the notices of material events are set forth in the Continuing Disclosure Certificate which is reproduced in its entirety in Appendix _ attached to the Preliminary Official Statement for the Bonds. The covenants have been undertaken by the County in order to assist the successful purchaser in complying with clause (b)(5) of Rule 15c2- 12 of the Securities and Exchange Commission. CERTIFICATE The County will deliver to the purchaser of the Bonds a certificate of an official of the County, dated the date of delivery of said Bonds, stating that as of the date thereof, to the best of the knowledge and belief of said official, the Official Statement does not contain an untrue statement of a material fact or omit to state any material fact necessary in order to make the statement made, in light of the circumstances under which they were made, not misleading, and further certifying that the signatory knows of no material adverse change in the financial condition of the County. COLLIER COUNTY, FLORIDA By: Chair, Board of County Commissioners of Collier County, Florida Dated: January _, 2005 C6IIier county - Limited General Obligation Bomb -NOS Page 11 EXHIBIT A Agenda Item No.1 08 December 14, 2004 Page 77 of 136 FORM OF TRUTH-IN-BONDING STATEMENT January _,2005 Board of County Commissioners Collier County, Florida Re: $35,370,000 Collier County, Florida Limited General Obligation Bonds (Conservation Collier Program), Series 2005 Dear Commissioners: The purpose of the following two paragraphs is to furnish, pursuant to the provisions of Sections 218.385(2) and (3), Florida Statutes, as amended, the truth-in-bonding statement required thereby, as follows: (a) The County is proposing to issue $ principal amount of the above- referenced Bonds for the principal purposes of (i) financing the acquisition of certain environmentally sensitive land within the County, and (ii) paying certain costs and expenses related to the issuance of the Bonds. This obligation is expected to be repaid over a period of approximately _ years. At a true interest cost of %, total interest paid over the life ofthe obligation will be approximately $ (b) The Bonds are limited obligations of the County. The source of repayment or security for the bonds is the Half Cent Sales Tax (as described in the Official Statement for the Bonds). Authorizing this debt will result in approximately $ (representing the average annual debt service with respect to the Bonds) of such moneys being used to pay debt service on the Bonds each year for _ years. The foregoing is provided for information purposes only and shall not affect or control the actual terms and conditions of the Bonds. Very truly yours, Underwriter By: Authorized Signatory Collier County - Limited General Obligation Bonds -NOS Page 12 OFFICIAL CONFIRMATION OF BID FORM Agenda Item No. 108 December 14, 2004 Page 78 of 136 $35,370,000 Collier County, Florida Limited General Obligation Bonds (Conservation Collier), Series 2005 The W1dersigned hereby offer to purchase all of the Collier COW1ty, Florida Limited General Obligation Bonds (Conservation Collier), Series 2005, to be dated as of the date of delivery (expected to be February 2,2005), described in the attached Official Notice of Sale and the Preliminary Official Statement referred to therein. which by reference is made part of this bid, for all but not less than all of said Series 2005 Bonds and will pay therefor, at the time of delivery, in immediately available Federal Reserve FW1ds Dollars ($ ), bearing interest at the following rates per annum: Year Principal Interest Reoffering (October n Amount Rate Price or Yield 2006 3,780,000 2007 4,210,000 2008 4,285,000 2009 4,375,000 2010 4,485,000 201 I 4,605,000 2012 4,740,000 2013 4,890,000 GOOD FAITH DEPOSIT In accordance with the attached Official Notice of Sale, we are the authorized principal ofa Financial Surety Bond in the amount of Three Hundred Fifty Thousand Dollars ($350,000) with respect to this bid as described in the attached Official Notice of Sale. This proposal is not subject to any conditions not expressly stated herein or in the attached Official Notice of Sale. Receipt of the Preliminary Official Statement relating to the Series 2005 Bonds is hereby acknowledged. The names of the underwriters or member of the account or joint bidding account, if any, who are associated for the purpose of this Proposal are listed either below or on a separate sheet attached hereto. TRUTH IN BONDING STATEMENT The successful bidder must complete, sign and deliver with this Official Confinnation of Bid Fonn the Truth in Bonding Statement which is attached to the Official Notice of Sale as Exhibit A. The County reserves the right to assist the bidder in correcting any inconsistencies or inaccuracies set forth in such Truth in Bonding Statement. The County may waive any inconsistencies or inaccuracies relating to such Statements and any such waived inconsistencies or inaccuracies shall not adversely affect the bid. Furthennore, pursuant to Section 218.386, Florida Statutes, the names, addresses and estimated amounts of compensation of any person w)x) has entered into an understanding with the underwriters or, to the managing underwriter's knowledge, the County, or both, for any paid or promised compensation or valuable consideration, directly or indirectly, expressly or implied, to act solely as an intennediary Co/üu county - Limited General Obligation Bonds -NOS Page 13 Agenda Item No. 10B Decernber 14, 2004 between the Cmmty and managing underwriter or who exercises or attempts to exercise any inf1ue~ 79 of 136 effect any transaction in the purchase of the Series 2005 Bonds are set forth below in the space provided. If no infonnation is provided below, the County shall presume no compensation was or will be paid. Senior Manager: Address Authorized Signature: city State Zip Code Printed Name: Telephone Number Facsimile Nwnber Collier County - Limited General Obligation Bonds -NOS PageU EXIDBIT C Agenda Item No. 108 December 14,2004 Page 80 of 136 FORM OF PRELIMINARY OFFICIAL STATEMENT Agenda Item No.1 OB December 14, 2004 PRELIMINARY OFFICIAL STATEMENT DATED JANUARY.....J 2005 Page 81 of 136 NEW ISSUE - BOOK ENTRY ONLY ANTICIPATED RATINGS: Moody's: "Au" (Insured) and "Aa3" (Underlying) Standard & Poor's: "MA" (Insured) and "AA-" (Underlying) ( Insured) (See "RATINGS" herein) In the opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel, interest on the Series 2005A Bonds (as hereinafter defined) is, under existing statutes, regulations, rulings and court decisions: (a) excludable from gross income for federal income tax purposes except as otherwise described herein under the caption HTAX MAITERSH and (b) not an item of tax preference for purposes of the federal alternative minimum tar imposed on individuals and corporations. Such interest, however, will be includable in the calculation of a corporation's alternative minimum tarable income and may be subject to other federal income tar consequences referred to herein under the caption HTAX MATTERS. H Bond Counsel is further of the opinion that the Series 2005A Bonds and the interest thereon are exempt from all present intangible personal property tares imposed pursuant to Chapter 199, Florida Statutes. See HTAX MATTERSH herein for a discussion of Bond Counsel's opinion. $35,370,000" COLLIER COUNTY, FLORIDA Limited General Obligation Bonds (Conservation Collier Program), Series 2005A Dated: Date of Delivery Due: January 1, as shown below The Umited. General Obligation Bonds (Conservation Collier Program), Series 2oo5A (the "Series 2005A Bonds") are being issued by Collier County, Florida (the "County") pursuant to the Constitution and laws of the State of Florida, including Article VTI, Section 12, Constitution of the State of Florida, Chapter 125, Florida Statutes, and other applicable provisions of law (collectively, the "Act"), and pursuant to Ordinance No. 2004-_ enacted by the Board of County Commissioners (the "Board) on December 14, 2004 (the "Ordinance"), Resolution No. 2002-265 adopted by the Board on June 11, 2002 (the "Referendum Resolution") and Resolution No. 2004-_ adopted by the Board on December 14, 2004, as amended and supplemented from time to time (the "Resolution") for the purposes of (i) financing the costs of the acquisition and protection of certain environmentally sensitive lands, (ii) refinancing the County's Revenue Note, Draw No. A-30-1, dated as of August 25, 2004 (the "Prior Note"), issued to the Florida Local Government Finance Commission (the "Finance Commission") in the aggregate principal amount of $21,200,000, all of which is currently outstanding, and (iii) paying certain costs and expenses incurred in connection with the issuance of the Series 2oo5A Bonds. This cover page' contains certain information for quick reference only. It is not, and is not intended to be, a summary of the issue. Investors must read the entire Official Statement to obtain information needed for the making of an informed investment decision. The Series 2005A Bonds are being issued by the County in the form of a separate single certificated fully registered Series 2005A Bond for each of the maturities of the Series 2005A Bonds, which initially will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). Individual purchases will be made in book-entry form only through Agenda Item No. 108 December 14,2004 Direct Participants (defined herein) in denominations of $5/000 and integral multiples thereof. Pu?~ of 136 of the Series 2005A Bonds (the "Beneficial Owners") will not receive physical delivery of certificates. Transfers of ownersrup interests in the Series 2005A Bonds will be effected by the DTC book-entry system as described herein. As long as Cede & Co. is the registered owner as nominee of DTC, principal and interest payments are to be made directly to such registered owner wruch in turn is to remit such payments to the Direct Participants for subsequent disbursement to the Beneficial Owners. Interest on the Series 2005A Bonds is payable semi-annually on each July 1 and January 1/ commencing July 1, 2005. Principal of, premium, if any, and interest on the Series 200SA Bonds will be payable by U.s. Bank National Association, Atlanta, Georgia, as Paying Agent and Registrar. The Series 2005A Bonds are not subject to redemption prior to maturity. THE FAITH, CREDIT AND TAXING POWER OF THE COUNTY SHALL BE AND ARE PLEDGED FOR THE FULL AND PROMPT PAYMENT OF THE PRINOPAL OF AND INTEREST ON THE SERIES 2005A BONDS; PROVIDED, THAT SUCH PLEDGE IS A LIMITED OBLIGATION OF THE COUNTY WHICH SHALL NOT EXCEED ONE QUARTER (1/4) OF ONE MILL OF AD VALOREM TAXES. A DIRECT ANNUAL TAX NOT IN EXCESS OF ONE QUARTER (1/4) OF ONE MILL SHALL BE LEVIED UPON ALL TAXABLE PROPERTY WITInN THE COUNTY TO MAKE SUCH PAYMENTS. NO HOLDER OR HOLDERS OF THE SERIES 2005A BONDS SHALL EVER HAVE TIIE RIGHT TO COMPEL THE FULL FAITH, CREDIT AND TAXING POWER OF THE COUNTY IN AMOUNT GREATER THAN THE LIMITED AD VALOREM TAX (AS DEFINED HEREIN). PROVISION SHALL BE INCLUDED AND MADE IN THE ANNUAL BUDGET AND TAX LEVY FOR THE LEVY OF THE LIMITED AD VALOREM TAX HEREINBEFORE PROVIDED. NOTWITHSTANDING ANY OlliER PROVISION OF THE RESOLUTION, IN DETERMINING THE AMOUNT OF THE LIMITED AD VALOREM TAX TO BE LEVIED FOR A PARTICULAR FISCAL YEAR, THE COUNTY SHALL TAKE INTO CONSIDERATION, AT A MINIMUM, TIlE PERCENTAGE OF LIMITED AD VALOREM TAX COLLECTED FOR THE IMMEDIATELY PRECEDING FISCAL YEAR WHENEVER mE COUNTY SHALL, IN ANY FISCAL YEAR, HA VE IRREVOCABLY DEPOSITED IN THE SINKING FUND ANY MONEYS DERIVED FROM SOURCES OTHER THAN THE AFOREMENTIONED LIMITED AD VALOREM TAX, SAID LIMITED AD VALOREM TAX MAY BE CORRESPONDINGLY DIMINISHED; BUT ANY SUCH DIMINUTION MUST LEAVE AVAILABLE AN AMOUNT OF SUCH LIMITED AD VALOREM TAX, AFTER ALLOWANCE FOR ANTIOPATED DELINQUENCIES IN COLLECTION, FULLY SUFFICIENT, WITH SUCH MONEYS SO DEPOSITED FROM OTHER SOURCES, TO ASSURE THE PROMPT PAYMENT OF PRINCIPAL, INTEREST AND OTHER RELATED CHARGES FALUNG DUE PRIOR TO THE TIME THAT TIlE PROCEEDS OF TIlE NEXT ANNUAL LIMITED AD VALOREM TAX LEVY WilL BE AVAILABLE. SUCH LIMITED AD VALOREM TAX SHALL BE LEVIED AND COLLECTED AT THE SAME TIME, AND IN THE SAME MANNER, AS OTHER AD V ALOREM TAXES OF THE COUNTY ARE ASSESSED, LEVIED AND COLLECTED. THE ISSUANCE OF THE SERIES 2005A BONDS BY THE COUNTY WAS APPROVED BY A MAJORITY OF THE QUALIFIED ELECfORS OF THE COUNTY VOTING AT A REFERENDUM ELECTION HELD ON NOVEMBER 5, 2002/ IN SATISFACTION OF THE REQUIREMENTS OF ARTICLE VII, SECfION 12 OF THE FLORIDA CONSTITUTION. 'OJ Agenda Item No.1 08 December 14,2004 Payment of the principal of and interest on the Series 2005A Bonds when due will be insu~!à3 of 136 municipal bond insurance policy (the "Bond Insurance Policy") to be issued simultaneously with the delivery of the Series 2005A Bonds by (" " or the "Insurer"). See "MUNICIPAL BOND INSURANCE" herein. [Insurer Logo] .Preliminary, subject to change. ~-"-,._... MATURITIES, AMOUNTS, INTEREST RATES, PRICES OR YIELDS AND INITIAL CUSIP NUMBERS Agenda Item No. 108 December 14, 2004 Page 84 of 136 $35,370,000 Serial Bonds" Maturity» (Januazy 1) 2006 2007 2008 2009 2010 2011 2012 2013 Amount" $3,695,000 4,130,000 4,240,000 4,360,000 4,495,000 4,650,000 4,810,000 4,990,000 Interest Rate Price or )JdQ Initial CUSIP Number The Series 2005A Bonds are offered when, as, and if issued and received by the Underwriter, subject to the opinion on certain legal mtltters relating to their issuance by Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel. Certain legal matters will be passed upon for the County by David C. Weigel, Esq., County Attorney and by Bryant Miller & Olive P.A., Tampa, Florida, Disclosure Counsel. Public Financial Ma1Ulgement, Inc., Fort Myers, Florido, is serving as Financial Advisor to the County. it is expected that the Series 2005A Bonds in definitive form will be available for delivery to the Underwriter in New York. New York at the fadlitíes of DTC on or about February --' 2005. Electronic bids for the Series 2005A Bonds will be received through the Parity® Competitive Bidding System as described in the Official Notice of Sale. Dated: January --' 2005. "Preliminary, subject to change. j RED HERRING LANGUAGE: Agenda Item No.1 OB December 14, 2004 Page 85 of 136 This Preliminary Official Statement and the information contained herein are subject to completion or amendment. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of the Series 2005A Bonds in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration, qualification or exemption under the securities laws of such jurisdiction. The County has deemed this Preliminary Official Statement "final," except for certain permitted omissions, within the contemplation of Rule 15c2-12 promulgated by the Securities and Exchange Commission. , ~,,_._- COLLIER COUN1Y, FLORIDA Government Complex 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8097 Agenda Item No.1 OB December 14, 2004 Page 86 of 136 BOARD OF COUNTY COMMISSIONERS Donna Fiala, Chair Fred W. Coyle, Vice Chair Jim Coletta, Commissioner Frank Halas, Commissioner Tom Henning, Commissioner COUNTY MANAGER James V. Mudd CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY AND CHIEF FINANCIAL OFFICER Dwight E. Brock, Esq. DIRECTOR OF FINANCE AND ACCOUNTING James L. Mitchell, CIA, CFE, CBA COUNTY AITORNEY David C. Weigel, Esq. BOND COUNSEL Nabors, Giblin & Nickerson, PA Tampa, Florida DISCLOSURE COUNSEL Bryant Miller & Olive PA Tampa, Florida FINANCIAL ADVISOR Public Financial Management, me. Fort Myers, Florida 1 Agenda Item No.1 OB December 14, 2004 No dealer, broker, salesman or other person has been authorized by the CountyP&9M7 of 136 Underwriter to give any information or to make any representations in connection with the Series 2005A Bonds, other than as contained in this Official Statement, and, if given or made, such information or representations must not be relied upon as having been authorized by the County. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Series 2005A Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the County, the Insurer, DTC and other sources that are believed to be reliable, but is not guaranteed as to accuracy or completeness by and is not to be construed as a representation by the Underwriter. The information and expressions of opinion stated herein are subject to change, and neither the delivery of this Official Statement nor any sale made hereunder shall create, under any circumstances, any implication that there has been no change in the matters described herein since the date hereof. IN CONNECTION WITH TIllS OFFERING OF THE SERIES 2005A BONDS, THE UNDERWRITER MAY OVERALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF SUCH SERIES 2005A BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. sum STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. All summaries herein of documents and agreements are qualified in their entirety by reference to such documents and agreements, and all summaries herein of the Series 2005A Bonds are qualified in their entirety by reference to the form thereof included in the aforesaid documents and agreements. NO REGIS1RATION STATEMENT RELATING TO THE SERIES 2005A BONDS HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION (THE "COMMISSION") OR WITH ANY STATE SECURITIES COMMISSION. IN MAKING ANY INVESTMENT DECISION, INVESTORS MUST RELY ON THEIR OWN EXAMINATIONS OF THE COUNTY AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. THE SERIES 2005A BONDS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION OR ANY ST A IE SECURITIES COMMISSION OR REGULATORY AUTHORITY. THE FOREGOING AUTHORITIES HAVE NOT PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. -.--...- TABLE OF CONTENTS Agenda Item No. 10B December 14, 2004 Page 88 of 136 Content Page INTRODUCfION ...............................................................,.......................................................................................1 PURPOSE OF TIlE ISSUE ................. ....... ....., ................................................................................................. ..........2 TIlE PROGRAM .......... ............. .......... .................................. .... ... ..................... ................... .......... .... ................ ....,....2 THE PROJEcrs...........................................................................................................................................................3 DESCRIPI10N OF THE SERIES 2005A BONDS....................................................................................................3 General............................... ...... ................................................................................................ ......................3 Book-Entry Only System ......... .................. .... ............. ......................................... .............. ..... ...... ...... .........3 Interchangeability, Negotiability and Transfer ................................................................... ........... ........ ..6 Bonds Mutilated, Destroyed, Stolen or Lost.............................................................................................7 No Early Redemption ........................, ..... ....... .................. ................. ............... ................................. ..........7 SECURITY FOR TIlE BONDS. ............ ....,. ...................................... ....................................................... ........,..,. .....7 General.................................... ....... ......................... ............ ................................................ ........... ........ ........7 Uniform Commercial Code ......... ....... ...... ........................ ..... ..... ..... ......... ...................................................8 Funds and Accounts. ........ .... ........ .............................. ...... ....................................................... ....................8 Project Fund................................... ......................... ...... ..... .................................................. .......... ....... ........ 9 Application of Limited Ad Valorem Tax ................................................................................................10 Additional Bonds. ................................ ..................................... .......... ......................... ............................. ..10 No Debt Service Reserve Fund .................................................. ......... ........... ...........................................11 Amendment of Resolution without Consent of Bondholders; Control by Insurer in Case of Event of Default .............................................. .................. ................. ........ ............ ........... ................................. ....11 AD VALOREM TAXATION .................................................................................,.................................................12 General........ ..... .......... ............................................... ........... ......................... .......... ...... ....... ........ ........... .... .12 Save Our Homes Amendment..... .............................................................................................................13 Truth in Millage Bill.. ... ......................................... ....... ............... ......... ...................... ................................13 Property Assessment Procedures ..... .............. .............. .......................... ....... ....... ..... ....... ................... .... .13 Levy of Ad Valorem Taxes........................................................................................................................14 Property Tax Rates ...... ............................................... .................................................. ................. .............15 Assessed Valuations.. ................... ........ ...... ..... ......................... ................ .......... ..... ....... ...................... ......16 Tax Collection. ......................... .... ......... ............................... ................................................................. ......16 Tax Deeds .. ............ ................ .... ............................. ...... ........ ....... ..._..._......... ........... ............. .... ....... ............17 ESTIMATED SOURCES AND USES OF FUNDS ................................................................................................18 DEBT SERVICE SCHEDULE ......... ..... ,..... ...... ........ .................... ....... ............. ........................................................19 PRO FORMA DEBT SERVICE COVERAGE...................,....,................................................................................20 MUNICIPAL BOND INSURANCE .......................................................................................................................20 INVESTMENT POLICY ......................... ..................................................................................................................20 LEGAL MA TIERS....................................................................................................................................................22 LmGA TION .................. ............ ........................................................................................................... ....................22 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS ...........................................................23 TAX MATTERS.........................................................................................................................................................24 Opinion of Bond Counsel........ ................................ .......................................................... ........................24 Internal Revenue Code of 1986.................................................................................................................24 Collateral Tax Consequences.................. ......... ......................................... ...... ....... .......... ................... ......24 Florida Taxes........................... ......... ........... .......................... ............ ...... ............. .... ........ ..... .................. ....25 Other Tax Matters...... ................................ ..... .................... ......... ............... ... .............................................25 Agenda Item No.1 OB December 14,2004 Tax Treatment of Original Issue Discount ....................................................................................P.ê.9.~2%9 of 136 Tax Treatment of Bond Premium.... ...... .......................... ..... ..................................... ....................... ........25 RATINGS.. .............. ............... ......... ...... ...... ................. ........ ........................ ............. .... ............... ...... ........................26 FINANCIAL ADVISOR............................................................·..........·...................................................................26 AUDITED FINANCIAL STATEMENTS ...............................................................................................................26 UNDERWRITING. ..... ............. ............................ .... ...................................................................... ................... ........27 CONTINGENT FEES ...............................................................................................................................................27 ENFORCEABILITY OF REMEDIES....................................................···....·..··..·....................................................27 CONTINUING DISCLOSURE...............................................··...............................................................................28 ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT...................................................·............28 AUTH:ORIZATION OF OFFIOAL STATEMENT ...............................................................................................29 APPENDICES APPENDIX A _ GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA APPENDIX B - FORM OF THE RESOLUTION APPENDIXC- AUDITED FINANCIAL STATEMENTS OF COLLIER COUNTY FOR FISCAL YEAR ENDED SEPTEMBER 30,2003 APPENDIX D - SPECIMEN BOND INSURANCE POLICY APPENDIX E - FORM OF BOND COUNSEL OPINION APPENDIX F - FORM OF CONTINUING DISCLOSURE CERTIFICATE ii ~_._--- -'"--_...,~ OFFICIAL STATEMENT relating to Agenda Item No. 10B December 14, 2004 Page 90 of 136 / $35,370,()()(r COLLIER COUNTY, FLORIDA Limited General Obligation Bonds (Conservation Collier Program), Series 2005A INTRODUCfION The purpose of this Official Statement, including the cover page and appendices, is to set forth information concerning Collier County, Florida (the "County") and the Collier County, Florida Limited GeneraJ Obligation Bonds (Conservation Collier Program), Series 2005A (the "Series 2005A Bonds"), in connection with the sale of the Series 2005A Bonds. The Series 2005A Bonds and any AdditionaJ Bonds, as such term is defined in the Resolution, are collectively referred to herein as the "Bonds". The County was established in 1923 by the legislature of the State of Florida (the "State") from portions of Lee and Monroe Counties. Its territoriaJ limits, as they presently exist, contain approximately 2,026 square miles. In terms of land area, it is the largest county in the State. The County is located on the southwest coast of the Florida peninsula directly west of the Miami-Fort LauderdaJe area. In 2003, the County had a population of 284,918. Principal industries within the County include wholesaJe and retail trade, tourism, agriculture, forestry, fishing, cattle ranching and construction. The 2000 U.S. Census showed an increase in the population of the County of 65% between the years 1990 and 2000. Part of the Everglades National Park, the United States' only subtropical national park, comprises a portion of the County. See "APPENDIX A - GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA" attached hereto for more information about the County. The Series 2005A Bonds are being issued by the County pursuant to the Constitution and laws of the State of Florida, including Article VIL Section 12, Constitution of the State of Florida, Chapter 125, Florida Statutes, and other applicable provisions of law (collectively, the "Act"), and pursuant to Ordinance No. 2004-_ enacted by the Board of County Commissioners (the "Board") on December 14, 2004 (the "Ordinance"), Resolution No. 2002-265 adopted by the Board on June II, 2002 (the "Referendum Resolution") and Resolution No. 2004-_ adopted by the Board on December 14, 2004, as amended and supplemented from time to time (the "Resolution"). See "APPENDIX B - FORM OF THE RESOLUTION" attached hereto. The faith, credit and taxing power of the County shall be and are pledged for the full and prompt payment of the principaJ of and interest on the Series 2005A Bonds; provided, that such pledge is a limited obligation of the County which shall not exceed one quarter (1/4) of one mill of ad vaJorem taxes. A direct annual tax not in excess of one quarter (1/4) of one mill shall be levied upon all taxable property of the County to make such payments. No Holder or Holders of the Series 2005A Bonds shall ever have the right to compel the full faith, credit and taxing power of the County in amount greater than the, Limited Ad Valorem Tax (as defined below). Provision shall be included and made in the annual budget "Preliminary, subject to change. 1 Agenda Item NO.1 OB December 14,2004 and tax levy for the levy of the Limited Ad Valorem Tax hereinbefore provided. Notwithstand~91 of 136 other provision of the Resolution, in determining the amount of the Limited Ad Valorem Tax to be levied for a particular Fiscal Year, the County shall take into consideration, at a minimum, the percentage of Limited Ad Valorem Tax collected for the immediately preceding Fiscal Year. Whenever the County shall, in any Fiscal Year, have irrevocably deposited in the Sinking Fund any moneys derived from sources other than the aforementioned Limited Ad Valorem Tax, said Limited Ad Valorem Tax may be correspondingly diminished; but any such diminution must leave available an amount of such Limited Ad Valorem Tax, after allowance for anticipated delinquencies in collection, fully sufficient, with such moneys so deposited from óther sources, to assure the prompt payment of principal, interest and other related charges falling due prior to the time that the proceeds of the next annual Limited Ad Valorem Tax levy will be available. Such Limited Ad Valorem Tax shall be levied and collected at the same time, and in the same manner, as other ad valorem taxes of the County are assessed, levied and collected. "Limited Ad Valorem Tax" is defined in the Resolution to mean the ad valorem tax levied on all taxable property within the County in an amount not to exceed one-quarter (1/4) of one mill to pay the Annual Debt Service on the Bonds as approved by the qualified electors of the County voting in the November 5, 2002 bond referendum election. The Limited Ad Valorem Tax to be levied to pay debt service on the Bonds shall be levied and collected in each Fiscal Year of the County beginning with the 2005/2006 Fiscal Year through and including the [2012/2013) Fiscal Year while the Bonds are outstanding. The summaries of and references to all documents, statutes, reports and other instruments referred to herein do not purport to be complete, comprehensive or definitive, and each such summary and reference is qualified in its entirety by reference to each such document, statute, report or instrument. All capitalized terms used in this Official Statement and not otherwise defined herein have the meanings set forth in the Resolution, unless the context would clearly indicate otherwise. A form of the Resolution is attached hereto as "APPENDIX B - FORM OF THE RESOLUTION." A copy of the Resolution and all documents of the County referred to herein may be obtained from Dwight E. Brock, Clerk of Circuit Court and Chief Financial Officer of Collier County, Government Complex, 3301 East Tamiami Trail, Building L, Naples, Florida 34112, Phone (239) 732-2646. PURPOSE OF THE ISSUE The proceeds of the Series 2005A Bonds will be used for the purposes of (i) financing the costs of the acquisition and protection of environmentally sensitive lands, (ii) refinancing the County's Revenue Note, Draw No. A-30-1, dated as of August 25, 2004 (the "Prior Note"), issued to the Florida Local Government Finance Commission (the "Finance Commission") in the aggregate principal amount of $21,200,000, all of which is currently outstanding, and (iii) paying certain costs and expenses incurred in connection with the issuance of the Series 2005A Bonds. THE PROGRAM In 2002, the County's voters approved a referendum that allows the County to purchase and protect environmentally sensitive lands under the County's Conservation Collier Program (the "Program"). Currently, an advisory committee, which is comprised of community representatives appointed by the Board, reviews potential conservation land acquisitions and makes purchase 2 Agenda Item No. 1 DB December 14, 2004 Page 92 of 136 recommendations to the Board. This advisory committee also helps to ensure that acquisition and management of the lands is in accordance with the Program's purposes. The County anticipates issuing Additional Bonds under the Resolution in the future to finance additional acquisitions pursuant to the Program. THE PROJECfS The Resolution defines the "Projects" to mean capital projects consisting of the acquisition and protection of environmentally sensitive lands within the County to be financed with proceeds of the Bonds, all as shall be or have been authorized from time to time by the Board. DESCRIPTION OF THE SERIES 2005A BONDS General The Series 2005A Bonds are being issued by the County in the form of a separate single certificate fully registered Series 2005A Bond for each of the maturities of the Series 2005A Bonds, which initially will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). Individual purchases will be made in book entry form only in denominations of $5,000 and any integral multiple thereof. Purchasers of the Series 2005A Bonds (the "Beneficial Owners") will not receive physical delivery of the Series 2005A Bonds. Transfer of ownership in the Series 2005A Bonds will be effected by DTC's book-entry system as described herein. As long as Cede & Co. is the registered owner as nominee of DTC, principal and interest payments are to be made directly to such registered owner which in turn is to remit such payments to the Direct or Indirect Participants (as defined herein) for subsequent disbursement to the Beneficial Owners. Interest on the Series 2005A Bonds is payable semi-annually on July 1 and January 1 of each year, commencing July 1, 2005. Interest on the Series 2005A Bonds will be payable by check or draft of U.S. Bank National Association, Atlanta, Georgia (the "Paying Agent" and "Registrar") mailed to the Series 2005A Bondholders, as shown in the registration books of the Paying Agent and Registrar at the close of business on the 15th day (whether or not a business day) of the month next preceding such interest payment date) (the "Record Date"). Principal of the Series 2005A Bonds is payable at maturity upon presentation and surrender at the designated corporate trust office of the Paying Agent. The prindpal of and interest on the Series 2005A Bonds are payable in lawful money of the United States of America. Book-Entry Only System THE FOLLOWING INFORMATION CONCERNING DTC AND DTC'S BOOK-ENTRY ONLY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE COUNTY BELIEVES TO BE RELIABLE, BUT THE COUNTY TAKES NO RESPONSIBILITY FOR THE ACCURACY THEREOF. DTC will act as securities depository for the Series 2005A Bonds. The Series 2005A Bonds will be registered in the name of Cede & Co. (DTC's partnership nominee). Purchases of beneficial ownership interests in the Series 2005A Bonds will be made in book-entry only form, in the denominations hereinbefore described. Purchasers of beneficial ownership interests in the Series 2005A Bonds ("Beneficial Owners") will not receive bond certificates representing their ownership interests in the Series 2005A Bonds, except in the event that use of the book-entry only system for the Series 2005A Bonds is 3 - Agenda Item No. 10B December 14, 2004 Page 93 of 136 discontinued. One fully registered certificate will be issued for each maturity of the Series 2oo5A Bonds, and deposited with DTe. so LONG AS CEDE & CO. IS THE REGISTERED OWNER OF THE SERIES 2005A BONDS, AS NOMINEE OF DTC, REFERENCES IN THIS OFFICIAL STATEMENT TO THE SERIES 2oo5A BONDHOLDERS OR REGISTERED OWNERS OF THE SERIES 2005A BONDS SHALL MEAN CEDE & CO. AND SHALL NOT MEAN THE BENEFICIAL OWNERS OF THE SERIES 2oo5A BONDS. TIiE DESCRIPTION WHICH FOLLOWS OF THE PROCEDURES AND RECORD KEEPING WITH RESPECf TO BENEFICIAL OWNERSHIP INTERESTS IN THE SERIES 2005A BONDS, PAYMENT OF INTEREST AND PRINOPAL ON THE SERIES 2005A BONDS TO DIRECf PARTICIPANTS (AS HEREINAFTER DEFINED) OR BENEFICIAL OWNERS OF THE SERIES 200SA BONDS, CONFIRMATION AND TRANSFER OF BENEFICIAL OWNERSHIP INTERESTS IN THE SERIES 2oo5A BONDS, AND aTIiER RELATED TRANSACTIONS BY AND BETWEEN DTC, THE DIRECf PARTICIPANTS AND BENEFICIAL OWNERS OF THE SERIES 2005A BONDS IS BASED SOLELY ON INFORMA TlON FURNISHED BY DTe. ACCORDINGLY, TIiE COUNTY NEITHER MAKES NOR CAN MAKE ANY REPRESENTATIONS CONCERNING THESE MATIERS. DTC, the world's largest depository, is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17 A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2.2 million issues of U.S. and non-U.s. equity issues, corporate and municipal debt issues, and money market instruments from over 100 countries that DTC's participants (the ''Direct Participants") deposit with DTe. DTC also facilitates the post-trade settlement among Direct Partiåpants of securities transactions, in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust and Gearing Corporation ("DTCC"). DTCC, in turn is owned by a number of Direct Participants of DTC and Members of the National Securities Clearing Corporation, Fixed Income Clearing Corporation, and Emerging Markets Clearing Corporation, as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as both U.S. and non-U.s. securities brokers, dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (the "Indirect Participants"). OTC has Standard and Poor's highest rating: AAA. The DTC rules applicable to DTC and its Direct and Indirect Partiåpants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.ox:g. Purchases of Series 2005A Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for such Series 2005A Bonds on DTCs records. The ownership interest of each actual purchaser of each Series 2005A Bond (the "Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 2oo5A Bonds are to be accomplished by entries made on the 4 .,.. -.-.-.-- Agenda Item No, 10B Decernber14,2004 books of Direct and Indirect Participants acting on behalf of the Benefiåal Owners. Beneficial ~~r~4 of 136 will not receive certificates representing their benefiåal interests in the Series 2005A Bonds, except in the event that use of the book-entry system for the Series 2005A Bonds is discontinued. To facilitate subsequent transfers, all Series 2005A Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. or such other name as may be requested by an authorized representative of DTe. The deposit of Series 2005A Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2005A Bonds. DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 2005A Bonds are credited, which mayor may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping an account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements made among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to DTe. If less than all of the Series 2005A Bonds are being redeemed, DYC's practice is to determine by lot the amount of the interest of each Direct Participant in such bonds, as the case may be, to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Series 2005A Bonds unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the County as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Series 2005A Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Series 2005A Bonds will be made to DYe. DTC's practice is to credit Direct Participants' accounts, upon DTC's receipt of funds and corresponding detail information from the County or the Registrar on the payable date in accordance with their respective holdings shown on DTC's records. Payments by Direct or Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Direct or Indirect Participants and not of DTC, the Registrar or the County, subject to any statutory and regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the County and/or the Paying Agent for the Series 2005A Bonds. Disbursement of such payments to Direct Participants is the responsibility of DTC, and disbursement of such payments to the Beneficial Owners is the responsibility of the Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Series 2005A Bonds at any time by giving reasonable notice to the County. Under such circumstances, in the event that a successor securities depository is not obtained, certificates are required to be printed and delivered. The County may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, certificates will be printed and delivered. 5 ------- /- Interchangeability, Negotiability and Transfer Agenda Item No.1 OB December 14, 2004 Page 95 of 136 So long as the Series 2005A Bonds are registered in the na1/1f of DTC or its nominee, the following paragraphs relating to transfer and exchange of Series 2005A Bonds do not apply to the Series 2005A Bonds. Series 2005A Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Series 2005A Bonds of the same maturity of any other authorized denominations. The Series 2005A Bonds issued under the Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of the State of Florida, subject to the provisions for registration and transfer contained in the Resolution and in the Series 2005A Bonds. So long as any of the Series 2005A Bonds shall remain Outstanding, the County shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Series 2005A Bonds. The transfer of any Series 2005A Bond shall be registered only upon the books of the County, at the office of the Registrar, under such reasonable regulations as the County may prescribe, by the Holder thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or his duly authorized attorney. Upon the registration or transfer of any such Series 2005A Bond, the County shall issue, and cause to be authenticated, in the name of the transferee a new Series 2005A Bond or Series 2005A Bonds of the same aggregate principal amount and maturity as the surrendered Series 2005A Bond. The County, the Registrar and any Paying Agent or fiduciary of the County may deem and treat the Person in whose name any Outstanding Series 2005A Bond shall be registered upon the books of the County as the absolute owner of such Series 2005A Bond, whether such Series 2005A Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal and interest on such Series 2005A Bond and for all other purposes, and all such payments so made to any such Holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Series 2005A Bond to the extent of the sum or sums so paid and neither the County nor the Registrar nor any Paying Agent or other fiduciary of the County shall be affected by any notice to the contrary. The Registrar, in any case where it is not also the Paying Agent with respect to the Series 2005A Bonds, forthwith (A) following the fifteenth day prior to an Interest Date for the Series 2005A Bonds, and (8) at any other time as reasonably requested by the Paying Agent, certify and furnish to the Paying Agent the names, addresses and holdings of the Series 2005A Bondholders and any other relevant information reflected in the registration books. Any Paying Agent of any fully registered Series 2005A Bond shall effect payment of interest on such Series 2005A Bonds by mailing a check to the Holder entitled thereto or may, in lieu thereof, upon the request and at the expense of such Holder, transmit such payment by bank wire transfer for the account of such Holder. In all cases in which the privilege of exchanging Series 2005A Bonds or the transfer of Series 2005A Bonds shall be registered, the County shall execute and the Registrar shall authenticate and deliver such Series 2005A Bonds in accordance with the provisions of the Resolution. Execution of Series 2005A Bonds by the Chair and Oerk for purposes of exchanging, replacing or registering the transfer of Series 2005A Bonds may occur at the time of the original delivery of the Series 2005A Bonds. All Series 2005A 6 -.--- Agenda Item No. 108 December 14, 2004 Bonds surrendered in any such exchanges or registration of transfer shall be held by the Regi&isfldi16 of 136 safekeeping until directed by the County to be cancelled by the Registrar. For every such exchange or registration of transfer, the County or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or registration of transfer. The County and the Registrar shall not be obligated to make any such exchange or transfer of the Series 2005A Bonds during the period commencing on the fifteenth day of the month immediately preceding an Interest Date on the Series 2005A Bonds and ending on such Interest Date. Bonds Mutilated, Destroyed, Stolen or Lost In case any Series 2005A Bond shall become mutilated, or be destroyed, stolen or lost, the County may, in its discretion, issue and deliver, and the Registrar shall authenticate, a new Series 200SA Bond of like tenor as the Series 200SA Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Series 200SA Bond upon surrender and cancellation of such mutilated Series 200SA Bond or in lieu of and substitution for the Series 200SA Bond destroyed, stolen or lost, and upon the Holder furnishing the County and the Registrar proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the County or the Registrar may prescribe and paying such expenses as the County and the Registrar may incur. All Series 200SA Bonds so surrendered or otherwise substituted shall be cancelled by the Registrar. H any of the Series 2005A Bonds shall have matured or be about to mature, instead of issuing a substitute Series 2005A Bond, the County may pay the same or cause the Series 200SA Bond to be paid, upon being indemnified as aforesaid, and if such Series 200SA Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Series 200SA Bonds issued pursuant to the Resolution shall constitute original contractual obligations on the part of the County whether or not the lost, stolen or destroyed Series 2005A Bond be at any time found by anyone, and such duplicate Series 200SA Bond shall be entitled to equal and proportionate benefits and rights provided under the Resolution to the same extent as all other Series 2005A Bonds issued hereunder. No Early Redemption The Series 2005A Bonds are not subject to redemption prior to their respective maturities. SECURITY FOR THE BONDS General THE FAITH, CREDIT AND TAXING POWER OF THE COUNTY SHALL BE AND ARE PLEDGED FOR THE FULL AND PROMPT PAYMENT OF THE PRINOP AL OF AND INTEREST ON mE SERIFS 2005A BONDS; PROVIDED, THAT SUCH PLEDGE IS A LIMITED OBUGATION OF THE COUNTY WHICH SHALL NOT EXCEED ONE QUARTER (1/4) OF ONE MILL OF AD VALOREM TAXES. A DIRECf ANNUAL TAX NOT IN EXCESS OF ONE QUARTER (1/4) OF ONE MILL SHALL BE LEVIED UPON ALL TAXABLE PROPERTY WITIflN THE COUNTY TO MAKE sum PAYMENTS. NO HOLDER OR HOLDERS OF THE SERIES 2005A BONDS SHALL EVER HAVE THE RIGHT TO COMPEL THE FULL FAm-I, CREDIT AND TAXING POWER OF THE COUNTY IN AMOUNT GREATER THAT THE LIMITED AD VALOREM TAX. PROVISION SHALL BE INCLUDED AND MADE IN mE ANNUAL BUDGET AND TAX LEVY FOR THE LEVY OF THE LIMITED AD 7 ,.",- Agenda Item No.1 08 December 14, 2004 VALOREM TAX HEREINBEFORE PROVIDED. NOTWITHSTANDING ANY OTHER PROVISIß1i.!J~íì7 of 136 THE RESOLUDON, IN DETERMINING THE AMOUNT OF THE LIMITED AD VALOREM TAX TO BE LEVIED FOR A PARTICULAR FISCAL YEAR,. THE COUNTY SHALL TAKE INTO CONSIDERATION, AT A MINIMUM, THE PERCENTAGE OF LIMITED AD VALOREM TAX COLLECfED FOR THE IMMEDIATELY PRECEDING FISCAL YEAR. WHENEVER THE COUNTY SHALL, IN ANY FISCAL YEAR, HAVE IRREVOCABLY DEPOSITED IN THE SINKING FUND ANY MONEYS DERIVED FROM SOURCES OTHER TIIAN THE AFOREMENTIONED LIMITED AD V ALOREM TAX, SAID LIMITED AD VALOREM T AX MAY BE CORRESPONDINGLY DIMINISHED; BUT ANY SUCH DIMINUTION MUST LEAVE A V AlLABLE AN AMOUNT OF SUCH LIMITED AD VALOREM TAX, AFTER ALLOWANCE FOR ANTICIPATED DELINQUENCIES IN COLLECTION, FULLY SUFFICIENT, WITH SUCH MONEYS SO DEPOSITED FROM OTHER SOURCES, TO ASSURE THE PROMPT PAYMENT OF PRINOPAL, INTEREST AND OTHER RELATED CHARGES FALLING DUE PRIOR TO THE TIME THAT THE PROCEEDS OF THE NEXT ANNUAL LIMITED AD VALOREM TAX LEVY WILL BE AVAILABLE. SUCH LIMITED AD VALOREM TAX SHALL BE LEVIED AND COLLECfED AT THE SAME TIME, AND IN THE SAME MANNER, AS OTHER AD VALOREM TAXES OF THE COUNTY ARE ASSESSED, LEVIED AND COLLECTED. The Limited Ad Valorem Tax to be levied to pay debt service on the Bonds shall be levied and collected in each Fiscal Year of the County beginning with the 2005/2006 Fiscal Year through and including the [2012/2013] Fiscal Year while the Bonds are outstanding. For more information about the Limited Ad Valorem Tax, see "AD VALOREM TAXATION" herein The issuance of the Series 2005A Bonds by the County has been approved at a referendum election held on November 5, 2002, in satisfaction of the requirements of Article VII, Section 12 of the Florida Constitution, the Act and other provisions of law. Uniform Commercial Code The Series 2005A Bonds will have all the qualities and incidents of negotiable instruments under the law merchant and under the Uniform Commercial Code of the State of Florida, subject to the provisions for registration of transfer contained in the Resolution and in the Series 2005A Bonds and provided that the County's pledge of the Limited Ad Valorem Tax is exempt from the provisions of such law relating to perfection of security interests. Funds and Accounts The Resolution establishes a Project Fund, a Sinking Fund and a Rebate Fund. The Project Fund, the Sinking Fund and the Rebate Fund shall constitute trust funds for the purposes provided in the Resolution, shall be delivered to and held by the County who shall act as trustee of such funds for the purposes of the Resolution, and shall at all times be kept separate and distinct from all other funds of the County and used only as provided in the Resolution: The moneys required to be accounted for in each of the foregoing funds and accounts established in the Resolution may be deposited in a single, non-exclusive bank account, and funds allocated to the various funds and accounts established in the Resolution may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds, accounts and subaccounts as provided in the Resolution. 8 ------" Agenda Item NO.1 08 December 14,2004 Page 98 of 136 The designation and establishment of the various funds and accounts in and by the Resolution shall not be construed to require the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as provided in the Resolution. Project Fund The County has covenanted and agreed in the Resolution to establish a Project Fund for the payment of the Costs of the Project. Moneys in the Project Fund, until applied to payment of any item of the Costs of the Project in the manner hereinafter provided, shall be held in trust by the County and shall be subject to a lien and charge in favor of the holders of the Series 2005A Bonds and for the further security of such holders. The County shall establish within the Project Fund a separate account for each Project (including the 2005A Project), the Costs of which are to be paid in whole or in part out of the Project Fund. The County has covenanted in the Resolution that the acquisition, construction and equipping of each Project will be completed without delay and in accordance with sound engineering practices. The County shall only make disbursements or payments from the applicable account of the Project Fund to pay Costs of the Project for which such account was established, except as provided below with respect to any surplus proceeds in a particular account. The County shall keep records of such disbursements and payments and shall retain all such records for such periods of time as is required by applicable law. Notwithstanding any of the other provisions of the Resolution, to the extent that other moneys are not available therefor, amounts in an account of the Project Fund shall be applied to the payment of principal and interest on the Series 2005A Bonds for which such account was established or to reimburse a Credit Facility Provider for the payment of such principal and interest. The date of completion of acquisition, construction and equipping of a Project shall be filed by the Clerk with the County. Promptly after the date of the completion of a Project, and after paying or making provisions for the payment of aU unpaid items of the Costs of such Project, the County shall apply any balance of moneys remaining in the Project Fund in the following order of priority: (A) deposit such balance to any other account established in the Project Fund for which the Clerk certifies that there are insufficient moneys to pay the Costs of the Project for which such account was established, (B) deposit such balance to such other fund or account established hereunder as shall be determined by the County; provided the County has received an opinion of Series 2005A Bond Counsel to the effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Series 2005A Bonds from gross income for purposes of federal income taxation, and (C) apply such balance for any other lawful purpose; provided the County has received an 'opinion of Series 2005A Bond Counsel to the effect that such application shall not adversely affect the exclusion, if any, of interest on the Series 2005A Bonds from gross income for purposes of federal income taxation. See "APPENDIX B - FORM OF mE RESOLUTION" attached hereto. 9 ",,- Application of Limited Ad Valorem Tax Agenda Item No.1 OB December 14, 2004 Page 99 of 136 The Resolution orders a levy upon all the property taxable for such purpose within the County of the Limited Ad Valorem Tax in an amount suffiåent to produce amounts to pay the principal, interest, charges of the Paying Agents and Registrars, and any other amounts that are properly due and owing with respect to the repayment of the Bonds; provided, however, that in no event shall the levy of the Limited Ad Valorem Tax be in excess of one-quarter (1/4) of one mill on all taxable property within the County. The Limited Ad Valorem Tax levied pursuant to the Resolution as collected shall be paid over for deposit into the Sinking Fund. Money in the Sinking Fund shall be used solely for the purpose of paying the Annual Debt Service on the Bonds coming due (whether by maturity, scheduled mandatory redemption or otherwise). Moneys in the Sinking Fund shall be disbursed for (i) the payment of the interest on the Bonds secured by the Resolution as such interest falls due, (ii) the payment of the prinåpal of the Bonds secured by the Resolution at their respective maturities, (üi) the payment of the Redemption Price of Bonds being redeemed; (iv) the purchase of Bonds in the open market; provided, however, the price paid shall not exceed the principal amount plus accrued interest, and (v) the payment of the necessary charges for paying Bonds and interest thereon. At least one business day prior to the date established for payment of any principal of or interest on the Bonds, the County shall withdraw from the Sinking Fund sufficient moneys to pay such principal or interest and deposit such moneys with the Paying Agent. Such deposits with the Paying Agent shall be made in moneys available to make payments of the prinåpal of and interest on the Bonds as the same becomes due. Additional Bonds No Additional Bonds payable from the Limited Ad Valorem Tax shall be issued except upon the conditions and inthe manner provided in the Resolution. The County may issue one or more Series of Additional Bonds for anyone or more of the following purposes: financing or refinancing the Costs of a Project, or the completion thereof, or refunding any or all Outstanding Bonds or refunding any other indebtedness of the County that may lawfully be refunded with proceeds of Bonds. No such Additional Bonds shall be issued unless (i) no Event of Default (as speåfied in the Resolution) shall have occurred and be continuing thereunder, and (ii) an Authorized Issuer Officer certifies that the amount of Limited Ad Valorem Tax which would have been collected by the County in the Fiscal Year immediately preceding the Fiscal Year in which the Additional Bonds are proposed to be issued had the full one-quarter (1/4) of one mill been levied, is at least equal to 1.00 times the Maximum Annual Debt Service of the proposed Additional Bonds and any Bonds that shall be Outstanding at the time of issuance of such Additional Bonds. For the purpose of determining the Maximum Annual Debt Service under the Resolution, the interest rate on additional parity Variable Rate Bonds then proposed to be issued shall be deemed to be the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. For the purpose of determining the Maximum Annual Debt Service under the Resolution, the interest rate on Outstanding Variable Rate Bonds shall be deemed to be (i) if such Variable Rate Bonds 10 Agenda Item No. 108 December 14,2004 have been Outstanding for at least 12 months prior to the date of sale of such Additional B~J3~gO of 136 higher of (a) the actual rate of interest borne by such Variable Rate Bonds on the date of sale, and (b) the average interest rate borne by such Variable Rate Bonds during the 12-month period preceding the date of sale, or (ii) if such Variable Rate Bonds have not been Outstanding for at least 12 months prior to the date of sale of such Additional Bonds, the higher of (a) the actual rate of interest borne by the Variable Rate Bonds on the date of sale, and (b) the Bond Buyer Revenue Bond Index most recently published prior to the sale of such Additional Bonds. Additional Bonds shall be deemed to have been issued pursuant to the Resolution the same as the Outstanding Bonds, and all of the other covenants and other provisions of the Resolution (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and security of the Holders of all Bonds issued pursuant to the Resolution. In the event any Additional Bonds are issued for the purpose of refunding any Bonds then Outstanding, the conditions of the fourth preceding paragraph above shall not apply, provided that the issuance of such Additional Bonds shall result in a reduction of aggregate debt service. The County agrees that at the time of issuing any Variable Rate Bonds it shall establish the Maximum Interest Rate with respect thereto and a Maximum Interest Rate with respect to amounts owed to the Credit Facility Provider which provides liquidity for such Bonds. Any Credit Facility Provider which provides a Credit Facility for liquidity purposes must be rated in one of the two highest short-term rating categories assigned by each rating agency rating the Series 2005A Bonds secured by such Credit Facility. No Debt Service Reserve Fund No debt service reserve fund is established by the Resolution, so no debt service reserve fund will be held for the benefit of the holders of the Series 2005A Bonds. Amendment of Resolution without Consent of Bondholders; Control by Insurer in Case of Event of Default The Resolution may be amended without the consent of the Bondholders to, among other things, (i) cure any ambiguity or formal defect or omission in the Resolution, (ü) to grant additional security for the Series 2005A Bonds or (üi) make any other change with the consent of the Insurer so long as the Insurer is not in default under the terms of the Bond Insurance Policy. To the extent the Insurer makes any payment of principal of or interest on the Series 2005A Bonds in accordance with the Bond Insurance Policy, the Insurer shall become subrogated to the rights of the recipients of such payments in accordance with the terms of the Bond Insurance Policy. Upon the occurrence and continuance of an Event of Default, the Insurer, if the Insurer shall not be in payment default under the Bond Insurance Policy, shall be deemed to be the sole owner of the Series 200SA Bonds for purposes of (A) directing and controlling the enforcement of all rights and remedies with respect to the Series 2005A Bonds, including any waiver of an Event of Default and removal of any trustee, and (B) exercising any voting right or privilege or giving any consent or direction or taking any other action that the Holders of the Series 200SA Bonds are entitled to take pursuant to the Resolution. The Insurer's rights under the Resolution shall be suspended during any period in which the Insurer is in default in its payment obligations under the Bond Insurance Policy (except to the extent of amounts previously paid 11 Agenda Item No.1 OB December 14, 2004 by the Insurer and due and owing to the Insurer) and shall be of no force or effect if the Bond ~W1 of 136 Policy is no longer in effect or if the Insurer asserts that the Bond Insurance Policy is no longer in effect or if the Insurer asserts that the Bond Insurance Policy is not in effect or if the Insurer waives such rights in writing. The County shall provide the Insurer immediate notice of any Event of Default described in the Resolution within five days of the occurrence thereof. AD VALOREM TAXATION General Under Florida law, the assessment of all properties and the collection of all county, municipal and property taxes are consolidated in the office of the County Property Appraiser and County Tax Collector. The laws of the State of Florida regulating tax assessment are designed to assure a consistent property valuation method statewide. Article VII, Section 9(b) of the Florida Constitution limits the aggregate rate of ad valorem taxes that may be levied on real and personal property. The limitation, except as noted below, is ten (10) mills each for all county and municipal purposes. A mill is equal to one-tenth (0.1) of one cent of one dollar or $1.00 for evéry $1,000 of assessed value. Article VII, Section 9(b) of the Florida Constitution excludes from the general 10 mill cap, ad valorem taxes which are necessary to pay debt service on general obligation bonds. Each respective millage rate, except as limited by law, is set on the basis of estimates of revenue needs and total taxable property valuations within the taxing authority's respective jurisdiction. Ad valorem taxes are not levied in excess of actual budget requirements. In setting millage rates, the County is required by Section 129.01, Florida Statutes to assume a 95% tax collection rate. In 1973, the State of Florida enacted legislation to encourage public awareness of spending and taxing decisions made by local elected officials. This legislation provides that if the tax rate established by the governing board exceeds the rolled-back tax rate, the taxing authority shall publish notice of the proposed tax increase prior to the public hearing required to be held for the adoption of the final budget and millage rate. Under Section 200.065, Florida Statutes, a "rolled-back tax rate" is defined as the millage rate that would produce the same amount of ad valorem taxes in each current year as were levied in the prior year, exclusive of any increase in assessments resulting from new construction, additions to structures, deletions and property added due to geographic boundary changes. Article VII, Section 4 of the Florida Constitution provides, with certain exceptions: "By general law regulations shall be prescribed which shall secure a just valuation of all real property for ad valorem taxation." The factors considered in arriving at a just valuation, as set forth in Section 193.011, Florida Statutes, are summarized as follows: (1) the present cash value of the property; (2) the highest and best use to which the property can be expected to be put in the immediate future and the present use of the property; (3) the location of the property; (4) the quantity or size of the property; 12 -_.-~- ~----- Agenda Item No. 108 December 14, 2004 (5) the cost of the property and the present replacement value of any improvemerlfjl~dtQ2 of 136 property; (6) the condition of the property; (7) the income from the property; and (8) the net proceeds of the sale of the property after deduction of certain reasonable fees and costs of sale. Save Our Homes Amendment By voter referendum held on November 3, 1992, Article VII, Section 4 of the Florida Constitution was amended by adding thereto a subsection which, in effect, limits the increases in assessed just value of homestead property to the lesser of (a) 3% of the assessment for the prior year or (b) the percentage change in the Consumer Price Index for all urban consumers, U.S. City Average, all items 1967-100, or successor reports for the preceding calendar year as initially reported by the United States Department of Labor, Bureau of Labor Statistics (the "Save Our Homes Amendment"). Further, the Save Our Homes Amendment provides that (1) no assessment shall exceed just value; (2) after any change of ownership of homestead property or upon termination of homestead status, such property shall be reassessed at just value as of January 1 of the year following the year of sale or change of status; (3) new homestead property shall be assessed at just value as of January 1 of the year following the establishment of the homestead; and (4) changes, additions, reductions or improvements to homestead shall initially be assessed as provided by general law, and thereafter as provided in the Save Our Homes Amendment. The effective date of the Save Our Homes Amendment was January 15, 1993, and the base year for determining compliance with the restrictions is 1994. The 1995 tax roll year was the first year such limitations were effective. For the 2003 tax roll year, the increase in assessed just value of homestead property in the County was limited pursuant to the Save Our Homes Amendment to 3.0% of the assessment for the prior year. Troth in Millage Bill The Florida Legislature enacted the Truth in Millage Bill (the 'Trim Bill") requiring that only govemíng bodies of taxing authorities fix the millage rate and requiring that all property be assessed at one hundred percent (100%) of just value. Sections 200.071 and 200.091, Florida Statutes, prohibit the millage for taxing authorities from being set by referendum, except as provided in the Florida Constitution. Property Assessment Procedures Real and personal property valuations are determined each year as of January 1 by the County Property Appraiser's Office. The assessment roll is prepared between each January 1 and July 1, with each taxpayer given notice of the proposed assessed value of his property. The property owner has the right to file an appeal with the County Property Appraisal Adjustment Board, which considers petitions relating to assessments and exemptions. The County Property Appraisal Adjustment Board certifies the assessment roll upon completion of the hearing of all appeals. Millage rates are then computed by the various taxing authorities and certified to the County Property Appraiser, who applies the millage rates to the assessment roll. This procedure creates the tax 13 ,- Agenda Item No, 108 December 14, 2004 roll which is then annually turned over to the County Tax Collector on or about the first M8rRRiY"\Q3 of 136 October. Levy of Ad Valorem Taxes A notice is mailed to each property owner on the tax roll for the taxes levied by counties, school boards, and other taxing authorities. All taxes are due and payable on November 1 of each year or as soon thereafter as the certified tax roll is received by the Tax Collector. Taxes may be paid upon receipt of such notice with discounts at the rate of 4% if paid in the month of November; 3% if paid in the month of December; 2% if paid in the month of January; and 1% if paid in the month of February. Taxes paid during the month of March are without discount. Taxes become delinquent on April 1 following the year in which they are assessed or 60 days after mailing of the original tax notice, whichever is later. H the delinquency date for ad valorem taxes is later than April 1 of the year following the year in which taxes are assessed, all dates or time periods specified in the Florida Statutes relative to the collection of, or administrative procedures regarding, delinquent taxes shall be extended a like number of days. Exemptions from the ad valorem tax include the first $25,000 of assessed value for a homestead; homestead property of totally and pennanently disabled persons; improved real property on which a renewable energy source device is installed and operated; inventory; property used by not-for-profit hospitals, nursing homes and homes for special services; property used by certain not-for-profit homes for the aged; property used exclusively for educational purposes by educational institutions or other exempt organizations, including charter schools, for educational purposes; property owned by certain charitable, literary, religious or scientific organizations and used predominately for such purposes; property owned and used for educational purposes by labor organizations; property of certain community centers; certain property used for affordable housing; property owned and used by certain governmental units; property of certain not-for-profit sewer and water companies; and the first $500 of property of every widow, widower, blind person or disabled person. In addition, pursuant to Section 196.075, Florida Statutes, beginning with Fiscal Year 2001, an additional homestead exemption of $25,000 may be granted by a county or municipality relating to ad valorem taxes payable to either persons 65 or older, subject to certain income limitations. The County ~ adopted such an exemption. [Remainder of page intentionally left blank] 14 ...~...,-_.,~_. Property Tax Rates Agenda Item No. 10B December 14, 2004 Page 104 of 136 The following table shows property tax rates for the County for the last ten fiscal years. COLLIER COUNTY, FLORIDA PROPERTY TAX RATES - ALL DIRECT AND OVERLAPPING GOVERNMENTSIl) (Fiscal Years 1994-2003) (Unaudited) COLLIER COUNTY OTHER Special Debt Capital Fiscal General Revenue Service Projects School Independent Year Fund Fund Funds Fund Total District Districts Total 1994(2) 3.6729 0.7823 0.1106 0.0000 4.5658 8.0860 1.5648 14.2166 1995 3.6028 0.6834 0.1062 0.0000 4.3924 8.3227 1.5028 14.2179 1996 3.4918 0.7091 0.0989 0.0000 4.2998 8.6000 1.5353 14.4351 1997 3.7266 0.7567 0.0490 0.0000 4.5323 8.6918 1.5420 14.7661 1998 3.6838 0.7604 0.0452 0.0000 4.4894 8.4298 1.5941 14.5133 1999 3.5540 0.6689 0.0420 0.0000 4.2649 8.5173 1.4801 14.2623 2000 3.5086 0.6419 0.0355 0.0000 4.1860 7.7661 1.4654 13.4175 2001 3.5050 0.6624 0.0318 0.0000 4.1992 7.7334 1.4607 13.3933 2002 3.8797 0.6238 0.0257 0.0000 4.5292 7.1464 1.3813 13.0569 2003 3.8797 0.6182 0.0216 0.0000 4.5195 6.9192 1.3554 12.7941 (1) Basis for property tax rates is 1 mill per $1,000 of assessed value. Property is assessed as of January 1 and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. (2) Beginning with fiscal year 1994, the millage rates for capital projects are included in the General Fund millage rate. Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2003. [Remainder of page intentionally left blank] 15 Agenda Itern No. 10B December 14, 2004 Page 105 of 136 Assessed Valuations - The following table shows the assessed valuations for the last ten fiscal years. COLLIER COUNTY, FLORIDA ASSESSED VALUE OF TAXABLE PROPERTY (in OOO's) Exemptions Governmental Widow, Taxable Fiscal Assessed and Disability Assessed Year Valueill Ipstitutional Homestead and Other Valuation 1995 $18r617,175 $1,523,849 $1,093,553 $17,579(2) $15,982,194 1996 19,684,394 1,588,934 1,146,728 18,071 16,930,661 1997 20,953,662 1,634,173 1,217,637 18,720 18,083,132 1998 22,552,225 1,720,842 1,280,311 21,996 19,529,076 1999 24,594,905 1,885,947 1,341,129 25,235 21,342,594 2000 27,947,279 2,081,540 1,413,081 30,457 24,422,201 2001 31,584,941 2,296,674 1,510,735 35,511 27,742,021 2002 37,740,846 2,722,756 1,578,896 44,191 33,395,002 2003 44,405,703 3,182,241 1,674,703 58,335 39,490,423 [2004] [To Come] [To Come] [To Come] [To Come] [To Come] (1) The basis of assessed value required by the state is 100 percent of actual value. For each fiscal year ending September 30th, property is valued as of the preceding January lot. (2) See "AD VALOREM TAXATION - Save Our Homes Amendment" herein for a discussion of the impact of the Save Our Homes Amendment. Source: Collier County, Florida, Comprehensive Annual Financial Report, Year Ended September 30, 2003; [Collier County Finance Department]. Tax Collection It is the County Tax Collector's duty on or before June 1 of each year to advertise and sell tax certificates on real property delinquencies extending from the previous April 1. The tax certificates must not be less than the amount of the taxes plus interest from April 1 to the date of sale, together with the cost of advertising and expense of sale. Delinquent real property taxes bear interest at the rate of 18% per year from April 1 until a certificate is sold at auction, at which time the interest rate is as bid by the buyer of the certificate. Delinquent taxes may be redeemed prior to sale of the tax certificates upon payment of all costs, delinquent taxes, and interest. The minimum interest for delinquent taxes paid prior to the sale of a certificate is 3%. A tax certificate may be redeemed by paying the County Tax Collector the face value of the certificate, interest, costs, charges and omitted taxes, if any, plus a redemption fee of $5. The redeemer must pay the interest rate due on the certificate or 5% of the face amount of the certificate, whichever amount is greater, unless the certificate was bid at no interest. 16 Fiscal Year 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Agenda Item No.1 08 December 14, 2004 Florida law provides a different method for the collection of delinquent tangible 'PêBtðricÜ6 of 136 property taxes, which includes the possible seizure and sale of the tangible personal property. Tax Deeds After two years from April 1 of the year of issuance of the tax certificate and before seven years of the date of issuance, a private holder of any unredeemed tax certificate may apply for a tax deed to the property. The County, for tax certificates that it has acquired, also has a two-year minimum wait for purchase of a tax deed, beginning April 1 of the year of issuance of the certificate. Such procedures are governed by State law applicable to all Florida counties. The request for a tax deed is referred to the Oerk of the Circuit Court of the County who will hold an auction after the proposed sale of the tax deed has been advertised for four consecutive weeks in a newspaper as prescribed by law. The following table shows tax levies and tax collections in the County for the last ten fiscal years. Population 186,641 186,641 197,400 202,903 210,095 219,685 229,821 251,377 264,475 284,918 COLUER COUNTY, FLORIDA PROPERTY TAX LEVIES AND COLLECTIONS (1994-2003) County Commissioners Tax Levy ($OOO's) $ 69,983 71,087 78,816 88,547 94,353 97,419 108,490 122,929 157,744 185,633 Tax Collections ~ $ 63,833 64,772 71,876 80,873 86,060 88,636 98,830 111,976 144,504 169,794 Discounts Allowed ~ $2,219 2,284 2,525 2,871 3,083 3,191 3,597 4,086 5,278 6,229 Taxes Collected Plus Discounts ~ $ 66,052 67,056 74,401 83,744 89,143 91,827 102,427 116,062 149,782 176,023 Percent of Total Taxes Collected Plus Discounts to Tax Levy 94.38% 94.33 94.40 94.58 94.48 94.26 94.41 94.41 94.95 94.82 Levy Cost Per Person $374.96 380.88 399 .27 436.40 449.10 443.45 472.06 489.02 596.44 651.53 Source: Collier County, Florida Comprehensive Annual Financial Report, Year Ended September 30, 2003. [Remainder of page intentionally left blank] 17 ESTIMATED SOURCES AND USES OF FUNDS Agenda Item No.1 OB December 14, 2004 Page 107 of 136 The table that follows summarizes the estimated sources and uses of funds to be derived from the sale of the Series 2005A Bonds: SOURCES: Principal Amount of Series 2005A Bonds $ TOTAL SOURCES $ USES: Retirement of Prior Note Deposit to Project Fund Costs of Issuance(1) $ TOTAL USES $ (1) Includes underwriting discount, financial advisory and legal fees and expenses, municipal bond insurance premium and other miscellaneous costs of issuance. [Remainder of page intentionally left blank] 18 DEBT SERVICE SCHEDULE Agenda Item No. 108 December 14, 2004 Page 108 of 136 Bond Year Ended Tanuary 1 2006 2007 2008 2009 2010 2011 2012 2013 Principal $ Interest $ Debt Service $ TOTALS $ $ $ [Remainder of page intentionally left blank] 19 PRO FORMA DEBT SERVICE COVERAGE Agenda Item No.1 08 December 14, 2004 Page 109 of 136 Maximum Annual Debt Service Requirementw $5,185,160 Fiscal Year 2003 Limited Ad Valorem Tax CollectionsW $ Pro-Forma Debt Service Covera~e x (1) The estimated debt service on the Series 2005A Bonds is based on an estimated true interest cost of 3.57%, a principal amount of $35,370,000, and a final maturity of January 1, 2013 and assuming the principal payments as set forth on the cover page hereof. (2) Assumes a full levy of 0.25 mill on all non-exempt property in the County based on Fiscal Year 2003 Taxable Assessed Valuation of $ MUNICIPAL BOND INSURANCE The following information under this heading has been furnished by (the "Insurer'') for use in this Official Statement. Reference is made to "APPENDIX D - SPECIMEN BOND INSURANCE POLICY" attached hereto for a specimen of the Insurer's policy. [TO COMEJ THE INFORMATION RELATING TO THE INSURER CONTAINED ABOVE HAS BEEN FURNISHED BY THE INSURER. NO REPRESENTATION IS MADE BY THE COUNTY AS TO THE ACCURACY OR ADEQUACY OF SUCH INFORMATION OR THAT THERE HAS NOT BEEN ANY MATERIAL ADVERSE CHANGE IN SUCH INFORMATION SUBSEQUENT TO THE DATE OF suœ INFORMATION. THE COUNTY HAS NOT MADE ANY INVESTIGATION INTO THE FINANCIAL CONDmON OF THE INSURER, AND NO REPRESENTATION IS MADE AS TO THE ABILITY OF THE INSURER TO MEET ITS OBLIGATIONS UNDER THE BOND INSURANCE POLICY. INVESTMENT POLICY The moneys held in the funds and accounts under the Resolution may only be invested in Authorized Investments (as defined in the Resolution). The investment of surplus funds is currently governed by the provisions of the County's Ordinance No. 87-65 and Resolution No. 95-552 which authorize investments for surplus public funds in the permitted investments described in Section 218.415, Florida Statutes. Pursuant to Resolution No. 95-552, the Clerk of the Circuit Court (the "Clerk") has established a written investment policy for the such surplus funds. The investment policy establishes guidelines as to the type, maturity, composition and risk relating to the County's investment portfolio. Permitted investments pursuant to such investment policy include the following: 20 ~"'----_.. ---"...- Agenda Item No. 1 DB December 14,2004 Page 110 of 136 1. Florida Local Government Surplus Trust Fund (State Board of Administration ("SBA'1); 2. US Government Securities - Direct Obligations; 3. US Federal Agencies - Backed by Full Faith and Credit of US Government; 4. US Federal Instrumentalities - US Federal Agency Securities Not Backed by Full Faith and Credit of US Government, except for Student Loan Marketing Association; 5. Certificates of Deposit - Collateralized with US Government Securities or Federal Agencies; 6. Repurchase Agreements; 7. Fixed Income Mutual Funds - Collateralized with US Government Securities or Federal Agencies; 8. Domestic Bankers Acceptances - Rated "AA" or higher, and inventory based; 9. Prime Commercial Paper - Rated "A-I" and "P-I," and backed by a letter of credit rated "AA" or higher; 10. Tax-Exempt Obligations - Rated "AA" or higher and issued by state or local governments; 11. Now Account - Fully collateralized in accordance with Chapter 280, Florida Statutes (limited to Depository Bank/Concentration Bank); 12. Variable Rate Securities only if the rate is a straight floating rate that is set in a direct, as opposed to inverse, relationship to a single index; and 13. Mortgage Securities (CMOs) only if they are: a. Issued by US Federal Agencies or US Federal Instrumentalities, b. Pass the Federal Financial Investment Examination Council (FFIEC) test at time of purchase, and c. Have an average life of five (5) years or less and have an absolute final maturity of no more than fifteen (15) years at zero PSA. The term "zero PSA" means that all interest and principal payments are guaranteed to be made by the stated final maturity assu~ng no prepayments. Specifically prohibited investments include the following: 1. Interest only strips of mortgaged backed securities; 2. Leveraged bonds; 3. Structured notes or financings other than mortgage securities that meet the provisions of the investment policy (permit callable and step up coupons); 4. Variable rate securities that set a rate based on an inverse relationship to an index; and 5. Variable rate debt that sets a rate based on more than a single index. The objective of the investment policy is to match investment cash flow and maturity with known cash needs and anticipated cash flow requirements (i.e., match assets to liabilities) to the extent possible. Investment of funds shall have final maturities of not more than five (5) years, except for: 1. SBA - no stated final maturity; 2. Certificates of Deposit - 1 Year; 3. Repurchase Agreements - 90 Days; 4. Bankers Acceptances - 120 Days; 5. Prime Commercial Paper - 120 Days; 6. Fixed Income Mutual Funds - no stated final maturity. However, underlying US Government Securities and Federal Agencies have average maturity of 1 year; 21 ---.J Agenda Item No.1 08 December 14, 2004 7. Mortgage Securities - average life of 5 years or less and have an absolute final m~1df1 of 136 no more than 15 years at zero PSA¡ and 8. US Government Securities and Federal Agencies deposited into an escrow account in connection with the refunding of a County bond issue can have a final maturity of more than 5 years. Mortgage securities shall not be used to match liabilities that are reasonably definable as to amount and disbursement date. Mortgage securities can only be used to invest funds associated with reserves or liabilities that are not associated with a specifically identified cash flow schedule. Mortgage securities can be used to prudently enhance the return on the portfolio. Any and all exceptions to the investment policy require a vote of the majority of Board. Furthermore, the Board may revise the aforementioned investment policy from time to time. LEGAL MA TIERS Certain legal matters incident to the validity of the Series 200SA Bonds are subject to the approval of Nabors, Giblin & Nickerson, P A., Bond Counsel, Tampa, Florida whose approving opinion in the form attached hereto as "APPENDIX E -FORM OF BOND COUNSEL OPINION" will be furnished without charge to the purchasers of the Series 200SA Bonds at the time of their delivery. The actual legal opinion to be delivered may vary from that text if necessary to reflect facts and law on the date of delivery. The opinion will speak only as of its date, and subsequent distribution of it by recirculation of the Official Statement or otherwise shall create no implication that subsequent to the date of the opinion Bond Counsel has reviewed or expresses any opinion concerning any of the matters referenced in the opinion. Nabors, Giblin & Nickerson, P.A. has not undertaken independently to verify and therefore expresses no opinion as to the accuracy, completeness, fairness, or sufficiency of any of the information or statements contained in this Official Statement or any exhibits, schedules or attachments hereto except as to the accuracy of the information under the headings captioned "DESCRIPTION OF THE SERIES 2005A BONDS" (except for the information under the heading "Book-Entry Only System") and "SECURITY FOR THE BONDS" to the extent such information purports to summarize certain provisions of the Resolution and except as to the accuracy of the information under the caption "TAX MA TIERS" herein. Certain legal matters will be passed upon by David C. Weigel, Esq., County Attorney, and by Bryant Miller & Olive P.A., Tampa, Florida, Disclosure Counsel. LmGATION There is no pending or, to the knowledge of the County, any threatened litigation against the County of any nature whatsoever which in any way questions or affects the validity of the Series 2005A Bonds, or any proceedings or transactions relating to their issuance, sale, execution, or delivery, or the adoption of the Resolution, or the pledge of the Limited Ad Valorem Tax and certain funds and accounts in the Resolution. Neither the creation, organization or existence, nor the title of the present members of the Board, or other officers of the County is being contested. The Board has been named as a defendant in a lawsuit originally filed on January 10, 2003, in the Orcuit Court for the Twentieth Orcuit, Collier County. The case is styled Century Development of Collier 22 ..>"---- --...-'. Agenda Item No. 108 December 14, 2004 County, Inc., et al. v. Jeb Bush, et ai., Case No. 03-117-CA-HTH. The suit, which also names the ~J.d12 of 136 members of the State of Florida Administration Commission as defendants, has been brought by Century Development of Collier County, Inc., Joseph DeFrancesco, Ricardo A. Haylock and Mildred Haylock, Francis D. Hussey, Mary Pat Hussey, and Anne Kornfeld, as class representatives for approximately 400 to 500 persons owning property in that area of the County known as North Belle Meade. The plaintiffs seek monetary relief from the Board for the purported inverse condemnation of property in North Belle Meade that allegedly results from the Board's enactment of an ordinance and comprehensive plan amendments. The plaintiffs contend that the ordinance and comprehensive plan amendments imposed a moratorium on the North Belle Meade properties, the effect of which was a temporary deprivation of all or substantially all beneficial use of such properties, including but not limited to certain mining rights. The plaintiffs did not identify in the Complaint the amount of damages being sought. On February 24, 2004, both the County and the Administration Commission filed motions to dismiss. The lawsuit was subsequently dismissed for lack of prosecution and then was refiled by the plaintiffs on September 8, 2004. On November 19, 2004, the County served a motion to dismiss the refiled complaint. Based upon the allegations as currently pled, the Board has a reasonable likelihood of prevailing. At this time, however, the County is unable to predict whether and how the complaint may be amended and, therefore, is unable to predict whether the plaintiffs will be successful in this action and, if successful, the extent of the Board's ultimate liability. However, whether or not the plaintiffs are successful, any potential liability is not expected to affect the County's ability to pay the principal and interest on the Series 200SA Bonds. In addition, the County Manager received approximately 558 purported claims under the Bert J. Harris, Jr. Private Property Protection Act, Chapter 70, Florida Statutes, on or about July 21, 2004. These purported claims potentially relate to the issues in the Century Development lawsuit as well as potential additional issues concerning land use regulations imposed in approximately the same geographic area pursuant to state law. At this very preliminary stage, the County is reviewing these individual purported claims but is unable to predict whether the claims will lead to suits and whether, in such an event, any of the claims might be successful or the potential extent of the County's ultimate liability. The County experiences other claims, litigation, and various legal proceedings which individually are not expected to have a material adverse effect on the operations or financial condition of the County, but may, in the aggregate, have a material impact thereon. In the opinion of the County Attorney, however, except as noted above, the County will either successfully defend such actions or otherwise resolve such matters without any material adverse consequences on the financial condition of the County. DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULA nONS Pursuant to Section 517.051, Florida Statutes, as amended, no person may directly or indirectly offer or sell securities of the County except by an offering circular containing full and fair disclosure of all defaults as to principal or interest on its obligations since December 31, 1975, as provided by rule of the Florida Department of Banking and Finance (the 'Department"). Pursuant to Rule 3E-400.003, Florida Administrative Code, the Department has required the disclosure of the amounts and types of defaults, any legal proceedings resulting from such defaults, whether a trustee or receiver has been appointed over the assets of the County, and certain additional financial infonnation, unless the County believes in good faith that such infonnation would not be considered material by a reasonable investor. The County is not 23 Agenda Item No.1 OB December 14, 2004 and has not been in default on any bond issued since December 31, 1975 which would be cJ'~aterW of 136 material by a reasonable investor. T AX MATTERS Opinion of Bond Counsel In the opinion of Bond Counsel, the form of which is included as "APPENDIX E - FORM OF BOND COUNSEL OPINION" attached hereto, the interest on the Series 2005A Bonds is excludable from gross income for federal income tax purposes and is not a specific item of tax preference for federal income tax purposes under existing statutes, regulations, rulings and court decisions. However, interest on the Series 2005A Bonds is taken into account in determining adjusted current earnings for purposes of computing the federal alternative minimum tax imposed on corporations pursuant to the Internal Revenue Code of 1986, as amended (the "Code"). Failure by the County to comply subsequently to the issuance of the Series 2005A Bonds with certain requirements of the Code, regarding the use, expenditure and investment of Series 2005A Bonds proceeds and the timely payment of certain investment earnings to the Treasury of the United States, may cause interest on the Series 2005A Bonds to become includable in gross income for federal income tax purposes retroactive to their date of issuance. The County has covenanted in the Resolution to comply with all provisions of the Code necessary to, among other things, maintain the exclusion from gross income of interest on the Series 2005A Bonds for purposes of federal income taxation. In rendering its opinion, Bond Counsel has assumed continuing compliance with such covenants. Internal Revenue Code of 1986 The Code contains a number of provisions that apply to the Series 2005A Bonds, including, among other things, restrictions relating to the use or investment of the proceeds of the Series 2005A Bonds and the payment of certain arbitrage earnings in excess of the "yield" on the Series 2005A Bonds to the Treasury of the United States. Noncompliance with such provisions may result in interest on the Series 2005A Bonds being included in gross income for federal income tax purposes retroactive to their date of issuance. Collateral Tax Consequences Except as described above, Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of, the Series 2005A Bonds. Prospective purchasers of Series 2005A Bonds should be aware that the ownership of Series 2005A Bonds may result in other collateral federal tax consequences. For example, ownership of the Series 2005A Bonds may result in collateral tax consequences to various types of corporations relating to (1) denial of interest deduction to purchase or carry such Series 2005A Bonds, (2) the branch profits tax, and (3) the inclusion of interest on the Series 2005A Bonds in passive income for certain Subchapter S corporations. In addition, the interest on the Series 2005A Bonds may be included in gross income by recipients of certain Social Security and Railroad Retirement benefits. PURœASE, OWNERSHIP, SALE OR DISPOSmON OF THE SERIES 2005A BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDMDUAL AND CORPORATE BONDHOLDERS, INCLUDING, 24 _.,.,~._~~-_. --..-..-. Agenda Item No. 108 December 14, 2004 BUT NOT LIMITED TO, THE CONSEQUENCES REFERRED TO ABOVE. PROSPECTIVE SERI~~5Å4 of 136 BONDHOLDERS SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFORMATION IN THAT REGARD. Florida Taxes In the opinion of Bond Counsel, the Series 2005A Bonds and the income thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. Other Tax Matters Interest on the Series 2005A Bonds may be subject to state or local income taxation under applicable state or local laws in other jurisdictions. Purchasers of the Series 2005A Bonds should consult their own tax advisors as to the income tax status of interest on the Series 2005A Bonds in their particular state or local jurisdiction. During recent years, legislative proposals have been introduced in Congress, and in some cases enacted, that altered certain federal tax consequences resulting from the ownership of obligations that are similar to the Series 2005A Bonds. In some cases, these proposals have contained provisions that altered these consequences on a retroactive basis. Such alterations of federal tax consequences may have affected the market value of obligations similar to the Series 200SA Bonds. From time to time, legislative proposals are pending which could have an effect on both the federal tax consequences resulting from ownership of the Series 200SA Bonds and their market value. No assurance can be given that additional legislative proposals will not be introduced or enacted that would or might apply to, or have an adverse effect upon, the Series 200SA Bonds. Tax Treatment of Original Issue Discount Bond Counsel is further of the opinion that the difference between the principal amount of the Series 200SA Bonds maturing _ through --J inclusive, and on _ (collectively the "Discount Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which price a substantial amount of such Discount Bonds of the same maturity was sold constitutes original issue discount which is excludable from gross income for federal income tax purposes to the same extent as interest on the Series 200SA Bonds. Further, such original issue discount accrues actuarially on a constant interest rate basis over the term of each Discount Bond and the basis of each Discount Bond acquired at such initial offering price by an initial purchaser thereof will be increased by the amount of such accrued original issue discount. The accrual of original issue discount may be taken into account as an increase in the amount of tax-exempt income for purposes of determining various other tax consequences of owning the Discount Bonds, even though there will not be a corresponding cash payment. Owners of the Discount Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Discount Bonds. Tax Treatment of Bond Premium The difference between the principal amount of the Series 2005A Bonds maturing on _ through ---' inclusive, and on _ (collectively, the "Premium Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of 25 Agenda Item NO.1 08 December 14,2004 underwriters or wholesalers) at which price a substantial amount of such Premium Bonds of ~1?5 of 136 maturity was sold constitutes to an initial purchaser amortizable bond premium which is not deductible from gross income for Federal income tax purposes. The amount of amortizable bond premium for a taxable year is determined actuarially on a constant interest rate basis over the term of each Premium Bond which term ends on the earlier of the maturity or optional call date for such Premium Bond which results in the lowest yield on such Bond to the purchaser thereof. For purposes of determining gain or loss on the sale or other disposition of a Premium Bond, an initial purchaser who acquires such obligation in the initial offering to the public at the initial offering price is required to decrease such purchaser's adjusted basis in such Premium Bond annually by the amount of amortizable bond premium for the taxable year. The amortization of bond premium may be taken into account as a reduction in the amount of tax-exempt income for purposes of determining various other tax consequences of owning such Premium Bonds. Owners of the Premium Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owníng such Premium Bonds. RATINGS Moody's Investors Service ("Moody's") and Standard & Poor's Ratings Group ("S&P") are expected to assign ratings of "Aaa" and "AAA," respectively, with the understanding that upon delivery of the Series 2005A Bonds, the Bond Insurance Policy will be issued by the Insurer. In addition, Moody's and S&P have assigned ratings of "Aa3" and "AA-," respectively, without regard to the possibility that all or certain maturities of the Series 2005A Bonds may be insured. The ratings reflect only the views of said rating agencies and an explanation of the ratings may be obtained only from said rating agencies. There is no assurance that such ratings will continue for any given period of time or that they will not be lowered or withdrawn entirely by the rating agencies, or any of them, if in their judgment, circumstances so warrant. A downward change in or withdrawal of any of such ratings may have an adverse effect on the market price of the Series 2005A Bonds. An explanation of the significance of the ratings can be received from the rating agencies, at the following addresses: Moody's Investors Service, 99 Church Street, New York, New York 10007-2796 and Standard & Poor's Ratings Services, 55 Water Street, New York, New York 10041. FINANQAL ADVISOR The County has retained Public Financial Management, Inc., Fort Myers, Florida, as Financial Advisor in connection with the County's financing plans and with respect to the authorization and issuance of the Series 2005A Bonds. The Financial Advisor is not obligated to undertake and has not undertaken to make an independent verification or to assume responsibility for the accuracy, completeness, or fairness of the information contained in the Official Statement. The Financial Advisor did not participate in the underwriting of the Series 2005A Bonds. The Financial Advisor may receive a fee for bidding investments of certain proceeds of the Series 2005A Bonds. AUDITED FINANCIAL STATEMENTS The general purpose financial statements of the County as of September 30, 2003 and for the year then ended, attached hereto as "APPENDIX C - AUDITED FINANCIAL STATEMENTS OF COLLIER COUNTY FOR FISCAL YEAR ENDED SEPTEMBER 30, 2003," have been audited by KPMG LLP, 26 ----....-- Agenda Item No. 108 December 14, 2004 independent auditors, as stated in their report appearing therein. Such statements, including tf?~~6rt6 of 136 of KPMG LLP, have been included in this Official Statement as public documents and the consent of KPMG LLP to include such documents herein was not requested. The Series 2005A Bonds are payable solely from the Limited Ad Valorem Tax and certain other funds and accounts as described in the Resolution and the Series 2005A Bonds are not otherwise secured by, or payable from, the general revenues of the County. The general purpose financial statements are presented for general infonnation purposes only. UNDERWRITING The Series 2005A Bonds are being purchased by (the 'Underwriter") at an aggregate purchase price of $ (which includes net original issue discount of $ and Underwriter's discount of $ ). The Underwriter's obligations are subject to certain conditions precedent described in the Official Notice of Sale which was prepared by the County, and they will be obligated to purchase all of the Series 2005A Bonds if any Series 2005A Bonds are purchased. The Series 2005A Bonds may be offered and sold to certain dealers (including dealers depositing such Series 2005A Bonds into investment trusts) at prices lower than such public offering prices, and such public offering prices may be changed, from time to time, by the Underwriter. CONTINGENT FEES The County has retained Bond Counsel, Disclosure Counsel and the Financial Advisor with respect to the authorization, sale, execution and delivery of the Series 2005A Bonds. Payment of the fees of such professionals and an underwriting discount to the Underwriter are each contingent upon the issuance of the Series 2005A Bonds. ENFORCEABIUTY OF REMEDIES The remedies available to the owners of the Series 2005A Bonds upon an event of default under the Resolution and the Bond Insurance Policy are in many respects dependent upon judicial actions which are often subject to discretion and delay. Under existing constitutional and statutory law and judicial decisions, including specifically the federal bankruptcy code, the remedies specified by the Resolution, the Series 2005A Bonds and the Bond Insurance Policy may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the Series 2005A Bonds, including Bond Counsel's approving opinion, will be qualified, as to the enforceability of the remedies provided in the various legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors enacted before of after such delivery. See "APPENDIX B - FORM OF THE RESOLUTION" attached hereto for a description of events of default and remedies. 27 CONTINUING DISCLOSURE Agenda Item No.1 OB December 14, 2004 Page 117 of 136 The County has covenanted for the benefit of the Series 2005A Bondholders to provide certain financial information and operating data relating to the County and the Series 2005A Bonds in each year, and to provide notices of the occurrence of certain enumerated material events. The County has agreed to file annual financial information and operating data and its audited financial statements with each nationally recognized municipal securities information repository then approved by the Securities and Exchange Commission (the "NRMSIRs"), as well as any state information depository that is established in the State (the "SID"). Currently, there are no such SIDs. The County has agreed to file notices of certain enumerated material events, when and if they occur, with the NRMSIRs or the Municipal Securities Rulemaking Board, and with the SIDs, if any. The specific nature of the financial information, operating data, and of the type of events which trigger a disclosure obligation, and other details of the undertaking are described in "APPENDIX E - FORM OF CONTINUING DISCLOSURE CERTIFICATE" attached hereto. The Continuing Disclosure Certificate shall be executed by the County prior to the issuance of the Series 2005A Bonds. These covenants have been made in order to assist the Underwriter in complying with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "Rule"). With respect to the Series 2005A Bonds, no party other than the County is obligated to provide, nor is expected to provide, any continuing disclosure information with respect to the Rule. The County has never failed to comply with any prior agreements to provide continuing disclosure information pursuant to the Rule. ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT The references, excerpts, and summaries of all documents, statutes, and information concerning the County and certain reports and statistical data referred to herein do not purport to be complete, comprehensive and definitive and each such summary and reference is qualified in its entirety by reference to each such document for full and complete statements of all matters of fact relating to the Series 200SA Bonds, the security for the payment of the Series 2005A Bonds and the rights and obligations of the owners thereof and to each such statute, report or instrument. Copies of such documents may be obtained from either the office of the Clerk of the Board of County Commissioners, Collier County Government Complex, 3301 East Tamiami Trail, Building F, Naples, Florida 34112, telephone: (239) 774-8383 or the County's Financial Advisor, Public Financial Management, Inc., 13350 Metro Parkway, Suite 302, Fort Myers, Florida 33912, telephone (239) 939-3009. Any statements made in this Official Statement involving matters of opinion or of estimates, whether or not so expressly stated are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized. Neither this Official Statement nor any statement that may have been made verbally or in writing is to be construed as a contract with the owners of the Series 2005A Bonds. The appendices attached hereto are integral parts of this Official Statement and must be read in their entirety together with all foregoing statements. 28 _^^,'~_~~'__._U AUTHORIZATION OF OFFICIAL STATEMENT Agenda Item No. 10B December 14, 2004 Page 118 of 136 The execution and delivery of this Official Statement has been duly authorized and approved by the County. At the time of delivery of the Series 2005A Bonds, the County will furnish a certificate to the effect that nothing has come to theÎ1' attention which would lead it to believe that the Official Statement (other than information herein related to the Insurer, any municipal bond insurance policy, DTC, the book-entry only system of registration and the information contained under the caption 'T AX MATTERS," as to which no opinion shall be expressed), as of its date and as of the date of delivery of the Series 2005A Bonds, contains an untrue statement of a material fact or 01TÙts to state a material fact which should be included therein for the purposes for which the Official Statement is intended to be used, or which is necessary to make the statements contained therein, in the light of the circumstances under which they were made, not 1TÙsleading. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chair, Board of County Commissioners Collier County, Florida j: \ bonds \ 439904 \p0s3.doc 29 APPENDIX A Agenda Item No.1 OB December 14, 2004 Page 119 of 136 GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA The following information concerning Collier County, Florida (the "County") has been supplied by the County and is included only for purposes of supplying general information regarding the County. The Series 2005A Bonds are secured by the Limited Tax revenues as described in the Official Statement. General Information The County was established in 1923 by the legislature of the State of Florida (the ''State'') from portions of Lee and Monroe Counties. Its territorial limits, as they presently exist, contain approximately 2,026 square miles. In terms of land area, it is the largest county in the State. The County is located on the southwest coast of the Florida peninsula directly west of the Miami-Fort Lauderdale area. The County has a 2003 population of 284,918. Prinàpal industries within the County include wholesale and retail trade, tourism, agriculture, forestry, fishing, cattle ranching and construction. The 2000 U.S. Census showed an increase in the population of the County of 65% between the years 1990 and 2000. Board of County Commissioners The Board of County Commissioners (the "Board") is the principal legislative and governing body of the County. The Board consists of five County Commissioners; one from each of the five districts elected for terms of four years. All of the County Commissioners are residents of the County. The current members of the Board and their expiration of terms of office are: Commissioner Office Term Expires Donna Fiala Fred W. Coyle Jim Coletta Tom Henning Frank Halas Chair Vice Chair Commissioner Commissioner Commissioner November, 2008 November, 2006 November, 2008 November, 2008 November, 2006 County Manager The chief administrative official of the County is the County Manager. This official is directly responsible to the Board for administration and operation of four administrative divisions under the Board and for execution of all Board poliàes. The County Manager directs the administrative divisions for Community Development, Public Services, Public Utilities and Support Services. The County Manager is also responsible to the Board for the preparation of budgets and for the control of expenditures of departments under his supervision throughout the budget year. Budget Process The Budget Director, as the County's Budget Officer, begins the budget process each February for the ensuing fiscal year (October 1 to September 30) with the distribution of budget request forms and instructions to departments and division heads. County division heads and elected officers submit their A-I Agenda Item No. 108 December 14, 2004 proposed expenditures beginning in April for compilation by the Budget Officer no later than ~ãIij811d'fJ of 136 each year and each submission is matched against available revenues. A balanced, proposed budget is presented to the Board for review within 15 days of receipt of an assessed value cernfication from the County's Property Appraiser which is due by July 1. A tentative budget is thereupon adopted within 15 days. Subsequent to public hearings, a final budget is adopted. The final budget for the fiscal year ended September 30, 2005 was adopted by the Board on September 23, 2004. Final millage rates are adopted, usually by late September, and the County's Tax Collector prepares tax bills for mailing on or after November 1. Upon valid adoption, all expenditures in the budget constitute appropriations, and amendments to the budget can be made only in accordance with the provisions of Chapter 129, Florida Statutes, as amended, and such chapter provides that expenditures in excess of total fund budgets are unlawful. Annual Audit Florida law requires that an annual post audit of each county's accounts and records be completed within six months of the end of each fiscal year by a firm of independent certified public accountants retained and paid for by the County. The County retained the firm of KPMG LLP to undertake the audit for the fiscal year ended September 30, 2003, which is included as APPENDIX C _ Audited Financial Statements For Fiscal Year Ended September 30, 2003" attached to this Official Statement. Population The County has experienced rapid population growth in recent decades. The following table presents historical and projected population growth for the County, the State, and the United States for the period of 1%0 to 2020: POPULATION TRENDS Population Population United Population County Percentage State Percentage States Percentage Population Increase Population Increase Population Increase 1960 15,753 4,951,560 179,323,175 1970 38,040 141.5% 6,791,418 37.1% 203,302,031 13.4% 1980 85,971 126.0 9,746,961 43.5 226,504,825 11.4 1990 152,099 76.9 12,938,071 32.7 250,410,000 10.6 2000 251,377 65.2 15,982,378 23.5 274,634,000 9.7 2010" 357,200 42.1 18,978,400 18.7 308,936,000 12.5 2020* 457,700 28.1 21,807,100 14.9 335,805,000 8.7 "Estimates on County and State population use medium estimates of population growth. Source: Collier County, Florida; Bureau of Census; and the University of Florida, College of Business Administration, Bureau of Economic and Business Research, Division of Population Studies. A-2 Most of the growth of Collier County is due to migration. As of April 1, 2002,W~tbHøetiNo. 10B median age of the County's population was 45.2 years according to the 2003 Florida Statisti~~m~1\t~g~ University of Florida. The majority of the population is over the age of 18, with the age categ~ry.Yf5-44 comprising 33.3% of the overall population. COLLIER COUNTY EMPLOYMENT BY MAJOR INDUSTRY September 30, 2003 Industry Firms Employee Count(1) Hotels and Other Lodging 65 4,113 Health Care and Social Services 618 11,697 Professional and Business Services 2,050 13,088 Finance, Insurance and Real Estate 1,172 6,329 Arts, Entertainment and Recreation Services 173 4,460 Services - Other 1.016 4.711 Services 5,094 44,398 Eating and Drinking Places 530 7,404 Food Stores 126 4,218 Auto Dealers and Service Stations 187 2,441 Home Furniture and Furnishings 170 1,003 Retail Trade - Other 465 2,791 Apparel and Accessory Stores 271 1,806 General Merchandise Stores 31 2,263 Building Hardware and Garden ~ 2.129 Retail Trade 1,885 24,055 Federal Government 18 664 State Government 44 851 Local Government 22 10.559 Government 84 12,074 Agriculture, Forestry and Fisheries 117 4,473 Construction 1,456 14,121 Manufacturing 275 2,775 Transportation, Communication and Public Utilities 300 3,402 Wholesale Trade 401 2,764 Mining -2 -2l. Total Other 2,558 27,592 Total ~ ~ (1) Average number of people employed in 2003. Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ended September 30, 2003; Florida Department öf Labor & Employment Security; Bureau of Labor Market Information E5-202 Report. A-3 ___.____'n____ __ ___.._h__ Agenda Item No. 10B December 14, 2004 COLLIER COUNTY EMPLOYMENT Page 122 of 136 (1993-2002) State of County Florida Labor Unemployment Unemployment Year Force Employment Unemployment Rate Rate 1993 78,654 72,078 6,576 8.5% 7.0% 1994 80,566 73,979 6,577 8.2 6.8 1995 81,500 75,839 5,661 6.9 5.4 1996 83,140 78,316 4,824 5.8 5.1 1997 87,526 83,115 4,411 5.0 4.8 1998 92,044 88,224 3,820 4.2 4.3 1999 94,862 91,342 3,250 3.7 3.9 2000 100,339 96,826 3,513 3.5 3.6 2001 112,616 108,201 4,415 3.9 4.8 2002 117,278 112,118 5,160 4.4 5.5 Source: U.S. Department of Labor, Bureau of Labor Statistics¡ Division of Employment Security, Department of Commerce, State of Florida¡ and Florida Department of Labor and Employment Security, Bureau of Labor Market Information¡ 2003 Florida Statistical Abstract, University of Florida. BUILDING PERMIT ACTIVITIES IN COLLIER COUNTY (1993-2002) Year Single Family Units Multi- Family Units 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 1,702 1,964 1,957 2,318 2,718 2,804 3,765 4,065 3,878 4,173 1,957 2,358 2,300 2,585 3,324 4,040 3,777 3,905 4,280 3,109 Residential Valuation<1 ) $ 385,337 449,254 501,797 447,563 567,883 826,199 931,599 1,188,310 1,093,852 1,113,547 (1) Valuation in thousands of dollars. Source: 2003 Florida Statistical Abstract, University of Florida; Years 1993 through 2002; University of Florida Bureau of Economic and Business Research, Building Permit Activity in Florida. A-4 Agenda Item NO.1 08 December 14, 2004 Page 123 of 136 Agriculture Agriculture is a dominant factor in the economy of the County. Rainfall averages about 52 inches annually with most of the precipitation occurring during the late spring and summer. The high yearly rainfall and year-round mild temperature enable agriculture to be a productive sector of the County economy. The agricultural industry represents seven percent of the workforce. Farming activities are located approximately 40 miles inland primarily centered around the commUIÙty of Immokalee. Major crops include tomatoes, peppers, cucumbers, melons and citrus. Beef cattle are also a significant farming commodity. Tourism Tourism is a major factor in the economy of the County. Visitors to the County enjoy its Gulf of Mexico beaches, golf, tennis and other attractions. Everglades National Park, the UlÙted States' only subtropical National Park, located near Naples, comprises a substantial portion of the County. Collier- Seminole Park and Corkscrew Swamp are also located nearby. Salt water fishing in the Gulf of Mexico, as well as fresh water fishing, makes the many lakes and waterways popular vacation spots. The County is regarded as one of the largest shelling areas in the United States. Transportation The County is served by U.s. Highway 41 (otherwise known as the Tamiami Trail) and Interstate 75, which links Naples to the east coast of Florida and intersects U.S. Highway 27, providing access to the Florida Turnpike. Interstate 75 also provides access to the County from the North. Greyhound Bus Lines connects the County to all points within the State. Air service is available at the Naples Airport owned by the City of Naples and covers an area of approximately 650 acres. The airport has two lighted 5,000 feet hard surfaced runways, each 150 feet wide. Commuter airlines offer regularly scheduled flights to Miami and Tampa. Air service at the Southwest International Airport near Fort Myers, 35 miles north of Naples, reaches many major cities. In addition, the County owns and operates three public airports: the Marco Island Executive Airport and the Immokalee and Everglades City Airparks. Educational System The County school system serves approximately 42,000 students in 44 schools. The public schools provide a varied adult education program and a special program for pre-school children. There are several private and parochial schools in the County offering classes from kindergarten through the twelfth grade. Edison Community College's main campus in Fort Myers, with a branch campus in Naples, offers technical trairúng as well as college preparation for students. Although not located within the County, Florida Gulf Coast College, the tenth college in the State UlÙversity System, is operating in Lee County, immediately north of the County. Medical Facilities Naples CommulÙty Hospital, a non-profit, private corporation provides health services to the residents of the County. It opened as a 50-bed facility in 1956, financed exclusively by contributions from members of the community. Since 1956, Naples Community Hospital has grown to encompass A-5 Agenda Item No. 108 December 14, 2004 approximately 422,000 square feet and include two six-story towers that house Naples Co~ of 136 Hospital's 408 licensed beds and patient care ancillary services and a two-story support services wing located between the two towers. Hospital services are also provided in the Carpenter-Briggs Radiation Therapy Center located across the street from Naples Community Hospital, at the Golden Gate Urgent Care Center located in leased space approximately seven miles from Naples Community Hospital, and in several other outpatient facilities that provide urgent care, rehabilitation, wellness and infusion services. The Cleveland Clinic operates a hospital in the northern portion of the County. The Collier County Health Department operates in every community in the County under the direction of a licensed physician and with a staff of trained specialists, including public health workers, nurses, sanitarians and clinical psychologists. COllIER COUNTY FINANCIAL AND ECONOMIC DATA (1994-2003) Per Bank Fiscal Percent Capita Deposits Year PopulationLU Increase Income !Q!KWill 1994 180,540 3.4% $30,201 $2,707,107 1995 186,641 3.4 N/A 2,892,389 1996 197,400 5.8 30,201 3,112,346 1997 202,903 2.7 30,906 3,463,731 1998 210,095 3.5 32,878 3,767,516 1999 219,685 4.6 34,830 4,102,784 2000 229,821 4.6 36,210 4,658,978 2001 251,377 9.3 38,916 5,153,782 2002 264,475 5.2 40,121 5,844,144 2003 284,918 7.7 41,269 6,788,764 (1) Florida Bankers Association. N/A:: Data not currently available Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2003. Population figures are estimates used by the County on an annual basis. Actual population according to the 2000 United States Census was 281,422. [Remainder of page intentionally left blank] A-fJ Agenda Item No. 10B December 14,2004 Page 125 of 136 Assessed Valuation The following table shows the assessed value and taxable value for operating millage in each of the past ten years. TOTAL ASSESSED AND TAXABLE VALUE IN COLLIER COUNTY (1994-2003) Ratio of County Taxable County Taxable Taxable Value Fiscal Value Real Value Personal Total Total To Total Year Property Only Property Onl~ Taxable ValueW Assessed Valuew Assessed Value 1994 $15,130,183,723 $ 851,954,071 $15,982,193,801 $19,387,178,081 82.44% 1995 16,038,210,161 892,359,888 16,930,661,056 20,463,371,228 82.74 1996 17,146,475,680 936,566,144 18,083,131,561 21,751,280,540 83.14 1997 18,547,873,169 981,119,415 19,529,075,510 23,436,330,545 83.33 1998 20,304,971,514 1,037,538,724 21,342,594,299 25,777,151,470 82.79 1999 23,271,327,045 1,150,774,033 24,422,201,235 29,830,939,079 81.86 2000 26,493,401,264 1,248,512,604 27,742,021,485 33,902,799,963 81.82 2001 32,057,961,136 1,336,930,733 33,395,002,460 41,333,321,441 80.79 2002 38,085,169,570 1,405,140,367 39,490,423,314 49,671,844,946 79.50 2003 44,492,425,404 1,493,184,997 45,985,727,314 57,761,717,617 79.60 (1) These figures include Centrally Assessed property. (2) Just Value is the Market or Assessed value. From this you subtract exemptions, classified agricultural property and capped homestead value to arrive at taxable value. Source: Collier County Property Appraiser's Office. [Remainder of page intentionally left blank] A-7 Agenda Item No. 108 December 14, 2004 The following table contains the property tax rates for the tax years 1994 through 2003. Page 126 of 136 COLUER COUNTY, FLORIDA PROPERTY TAX RATES - ALL DIRECT AND OVERLAPPING GOVERNMENTS(I) (1994-2003) (Unaudited) COLLIER COUNTY OTHER Special Debt Capital Fiscal General Revenue Service Projects School Independent Year Fund Fund Funds Fund Total District Districts Total 1994(2) 3.6729 0.7823 0.1106 0.0000 4.5658 8.0860 1.5648 14.2166 1995 3.6028 0.6834 0.1062 0.0000 4.3924 8.3227 1.5028 14.2179 1996 3.4918 0.7091 0.0989 0.0000 4.2998 8.6000 1.5353 14.4351 1997 3.7266 0.7567 0.0490 0.0000 4.5323 8.6918 1.5420 14.7661 1998 3.6838 0.7604 0.0452 0.0000 4.4894 8.4298 1.5941 14.5133 1999 3.5540 0.6689 0.0420 0.0000 4.2649 8.5173 1.4801 14.2623 2000 3.5086 0.6419 0.0355 0.0000 4.1860 7.7661 1.4654 13.4175 2001 3.5050 0.6624 0.0318 0.0000 4.1992 7.7334 1.4607 13.3933 2002 3.8797 0.6238 0.0257 0.0000 4.5292 7.1464 1.3813 13.0569 2003 3.8797 ' 0.6182 0.0216 0.0000 4.5195 6.9192 1.3554 12.7941 (1) Basis for property tax rates is 1 mill per $1,000 of assessed value. Property is assessed as of January 1 and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. (2) Beginning with fiscal year 1994 the millage rates for capital projects are included in the General Fund millage rate. Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2003. j: \ bonds \ 439904 \ appendix a-3.doc A-8 EXHIBIT D Agenda Item No.1 OB December 14, 2004 Page 127 of 136 ,..--- FORM OF FORM OF CONTINUING DISCLOSURE CERTIFICATE CONTINUING DISCLOSURE CERTIFICATE Agenda Item No.1 08 December 14, 2004 Page 128 of 136 This Continuing Disclosure Certificate (the 'Disclosure Certificate") is executed and delivered by Collier County, Florida (the "Issuer") in connection with the issuance of its $ Limited General Obligation Bonds (Conservation Collier Program), Series 2005A (the "Bonds"). The Bonds are being issued pursuant to Home Rule Ordinance No. 04-_ adopted by the Board of County Commissioners of the Issuer (the "Board") on [December 14, 2004], Resolution No. 2002-265 adopted by the Board on June 11,2002 (the "Referendum Resolution") and Resolution No. 04-_ adopted by the Board of County Commissioners of the Issuer on . 2004, as amended and supplemented from time to time (the "Resolution"). SECTION 1. PURPOSE OF THE DISCLOSURE CERTIFICATE. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12. SECTION 2. DEFINITIONS. In addition to the definitions set forth in the Resolution which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Central Post Office" shall mean any central filing location described in Exhibit B hereto and any additional central filing location hereafter designated by the SEC as a location that satisfies the Rule. "Dissemination Agent" shall mean the Issuer, or any successor Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Insurer" shall mean a "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories currently approved by the Securities and Exchange Commission are set forth in Exhibit B. "Participating Underwriters" shall mean the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. Agenda Item No.1 08 December 14, 2004 ''Repository'' shall mean each National Repository and each State Repository and sha1P~ðé9 of 136 any other entity authorized and approved by the SEC to act as a central post office for purposes of complying with the Rule. "Rule" shall mean the continuing disclosure requirements of Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of Florida. "State Repository" shall mean any public or private repository or entity designated by the State as a state infonnation depository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Certificate, there is no State Repository. SECTION 3. PROVISION OF ANNUAL REPORTS. (a) The Issuer shall, or shall cause the Dissemination Agent to, not later than each April 30th, commencing April 30, 2005 with respect to the report for the 2004 fiscal year, provide to each Repository and the Insurer an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other infonnation as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date provided, further, in such event unaudited financial statements are required to be delivered as part of the Annual Report in accordance with Section 4(a) below. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). (b) Not later than ftfteen (15) Business Days prior to the date set forth in (a) above, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the Issuer is unable to provide to the Repositories and the Insurer an Annual Report by the date required in subsection (a), the Issuer shall send a notice to (i) each National Repository or the Municipal Securities Rulemaking Board, (ü) the State Repository, and (iü) the Insurer in substantially the fonn attached as Exhibit A. (c) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository, the State Repository, if any, and the Insurer; provided, however, if the filing is to be made through the Central Post Office pursuant to Section 6 below, the Dissemination Agent need only detennine the name and address of the Central Post Office and the Insurer; and (ii) if the Dissemination Agent is other than the Issuer, file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories, or the name of the Central Post Office in the event the filing is made through the Central Post Office, and the Insurer to which it was provided. 2 Agenda Item No. 10B December 14,2004 Page 130 of 136 SECTION 4. CONTENT OF ANNUAL REPORTS. The Issuer's Annual Report shall contain or include by reference the following: (a) the audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. H the Issuer's audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement dated , 2005 (the "Official Statement"), and the audited financial statements shall be filed in the same manner as the Annual Report when they become available; and (b) updates to the following historical financial information and operating data presented in tabular form in the Official Statement entitled "COLLIER COUNTY, FLORIDA PROPERTY TAX RATES," COLLIER COUNTY, FLORIDA ASSESSED VALUE OF TAXABLE PROPERTY," "COLLIER COUNTY, FLORIDA PROPERTY TAX COLLECI10N AND LEVIES," and "PRO FORMA DEBT SERVICE COVERAGE:' The information provided under Section 4(b) may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories, either directly or through the Central Post Office, or the Securities and Exchange Commission. H the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify each such other document so included by reference. SECTION 5. REPORTING OF SIGNIFICANT EVENTS. (a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: 1. principal and interest payment delinquencies; 2. non-payment related defaults; 3. unscheduled draws on the debt service reserves reflecting financial difficulties; 4. unscheduled draws on credit enhancements reflecting financial difficulties; 5. substitution of credit or liquidity providers, or their failure to perform; 6. adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. modifications to rights of the holders of the Bonds; 8. Bond calls (other than scheduled mandatory redemption); 9. defeasances; 3 Agenda Item NO.1 OB December 14, 2004 Page 131 of 136 10. release, substitution, or sale of property securing repayment of the Bonds; 11. ratings changes; and 12. notice of any failure on the part of the Issuer to meet the requirements of Section 3 hereof. (b) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall promptly detennine if such event would be material under applicable federal securities laws; provided, however, that any event under clauses I, 4, 5, 6, 10, 11 and 12 above shall always be deemed to be material. (c) If the Issuer determines that knowledge of the occurrence of a Listed Event would be material under applicable federal securities laws, the Issuer shall promptly file a notice of such occurrence with (i) each National Repository or the Municipal Securities Rulemaking Board, (ii) the Insurer, and (iii) the State Repository. SECTION 6. FILING THROUGH A CENTRAL POST OFFICE. Any filing made or notice provided by the Issuer in accordance with this Certificate to a Central Post Office by electronic or other means shall satisfy the requirements of this Certificate with respect to filings required to be made to all National Repositories and the State Repository, and the Issuer shall not be required to make separate filings with the National Repositories and the State Repositories. ,- SECTION 7. TERMINATION OF REPORTING OBUGATION. The Issuer's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds or if the Rule is repealed or no longer in effect. If such termination occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such termination in the same manner as for a Listed Event under Section 5( c). SECTION 8. DISSEMINATION AGENT. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. SECTION 9. AMENDMENT; WANER. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) 1£ the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Issuer, or the type of business conducted¡ (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule 4 l .__ _.__ '0" ...___.....____ Agenda Item No. 108 December 14,2004 at the time of the original issuance of the Bonds, after taking into account any amen~ W of 136 interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the holders or Beneficial Owners of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of holders or Beneficial Owners, or (ii) does not, in the opinion of nationally recognized bond counsel. materially impair the interests of the holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section S(c), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. SECITON 10. ADDmONAL INFORMATION. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECITON 11. DEFAULT. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate; provided, however, the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with the provisions of this Disclosure Certificate shall be an action to compel performance. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Resolution. SECITON 12. DUTIES, IMMUNITIES AND LIABILmES OF DISSEMINATION AGENT. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. 5 Agenda Item NO.1 08 December 14, 2004 SECTION 13. BENEFICIARIES. This Disclosure Certificate shall inure solely to the ben~ft!l8f ~~ of 136 Issuer, the Dissemination Agent, the Participating Underwriters, the Insurer and holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Dated: ,2005 COLLIER COUNTY, FLORIDA By: Chair of the Board of County Commissioners 6 EXHIBIT A Agenda Item No.1 08 December 14, 2004 Page 134 of 136 NOTICE OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Collier County, Florida Name of Bond Issue: Limited General Obligation Bonds (Conservation Collier Program), Series 2005A Date of Issuance: .2005 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above-named Bonds as required by Sections 3 and 4(b) of the Continuing Disclosure Certificate dated as of . 2005. The Issuer anticipates that the Annual Report will be filed by Dated: COLLIER COUNTY, FLORIDA By: Name: Title: Exhibit A-I EXHIBIT B Agenda Item No.1 OB December 14,2004 Page 135 of 136 Any filing under this Certificate to any of the Repositories may be made solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC") as the "Central Post Office" as such term is defined in the Certificate and as provided at http://www.disclosureusa.org unless the United States Securities and Exchange Commission has withdrawn the interpretive advice in its letter to the MAC dated September 7, 2004. Nationally Recognized Municipal Securities Information Repositories approved by the Securities and Exchange Commission: Bloomberg Municipal Repository 100 Business Park Drive Skillman, NJ 08558 Phone: (609) 279-3225 Fax: (609) 279-5962 http://www.bloomberg.com/markets/muni cont actinfo.html Email: MuniS@Bloomberg.com DPC Data Inc. One Executive Drive Fort Lee, NJ 07024 Phone: (201) 346-0701 Fax: (201) 947-0107 http://www.dpcdata.com Email: nrmsir@dpcdata.com FT Interactive Data Attn: NRMSIR 100 William Street New York, NY 10038 Phone: (212) 771-6999 Fax: (212) 771-7390 (Secondary Market Information) (212) 771-7391 (primary Market Information) http://www.dpcdata.com Email: NRMSIR@FTID.com Standard & Poor's Securities Evaluations, Inc. 55 Water Street 45th Floor New York, NY 10041 Phone: (212) 438-4595 Fax: (212) 438-3975 www.jjkenny.com/jjkenny/pser descrip data re p.htmI Email: nrmsirrepositoxy@sandp.com A list of names and addresses of all designated Nationally Recognized Municipal Securities Information Repositories as of any point in time is available by visiting the SEC's website at www.sec.gov/in£o/municipal/nrmsir.htrn. j: \bonds \439904 \cdc3.doc Exhibit B-1 -..----'."-- EXHIBIT E Agenda Item No.1 OB December 14, 2004 Page 136 of 136 GENERAL DESCRIPTION OF THE PRIOR PROJECT The Prior Project generally included the acquisition of certain real property within the County, collectively known as America's Business Park, as more particularly described in the plans and specifications on file with the Issuer. The Tax Identification Numbers for the parcels are 00143120009, 00144200009, 00144800001, 0014484003, 00144880005,00145000004, 00144920004,00144440005, 00145480006,00144640009, 00145681009 and 00145680204. EXECUTIVESU~ARY Agenda Item No.1 00 December 14, 2004 Page 1 of 4 ,- Approve and Adopt by Resolution a Hazard Mitigation Plan for Collier County also applicable to its Municipalities. Copies of the Hazard Mitigation Plan are available for review at the County Manager's Office, 3rd Floor, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, FL and all Collier County Public Libraries. OBJECTIVE: To adopt, by Resolution, a Hazard Mitigation Plan for Collier County. CONSIDERATION: The Federal Emergency Management Agency (FEMA), in partnership with the Florida Department of Community Affairs (DCA), authorized funding for the development of a multi-jurisdictional Hazard Mitigation Plan for Collier County and the municipalities of Naples, Marco Island and Everglades City. A Local Mitigation Strategy Working Group was formed with members representing Collier County Government, Everglades City, the City of Marco Island, the City of Naples, the Big Cypress Basin of the South Florida Water Management District, Department of Heahh, Florida Power & Light, Collier County Citizens Corps, Golden Gate Independent Fire District and Naples Community Hospital The Working Group met monthly for the past 12 months to develop a mitigation strategy according to the Scope of Work guidelines established by DCA. Input was sought nom· local businesses, churches, professional associations, the health care industry, schools, condominium associations, mobile home parks, rental properties and other governmental agencies. .---- Having an approved Collier County Hazard Mitigation Plan enables all participating jurisdictions to compete for Pre-Disaster Mitigation Program, Flood Mitigation Assistance Program and Hazard Mitigation Program monies. The municipalities of Naples, Marco Island and Everglades City have approved the Local Mitigation Plan. Additionally, the Hazard Mitigation Plan contains the Floodplain Management Plan (FMP) for Collier County. The FMP is directly related to the flood insurance rates paid by County residents. Without plan approval by December 31 2004, Collier County's Community Rating System class will go from 7 (seven) to 10 (ten) resulting in increased flood insurance rates for the unincorporated area of Collier County. FISCAL IMPACT: If approved and adopted, there is no immediate Fiscal Impact. However, adoption of the Hazard Mitigation Plan will allow Collier County to apply for future grant monies available through the Pre-Disaster Mitigation, Flood Mitigation Assistance and Hazard Mitigation Programs. GROWTH MANAGEMENT IMPACT: The Growth Management Plan in Policy 12.2.1., requires routine review and update of the County's Hazard Mitigation procedures. RECOMMENDATION: That the Board of County Commissioners approve a Resolution approving and adopting a unified Hazard Mitigation Plan for Collier County. Prepared by: Richard Zyvoloski, EM Coordinator, Department of Emergency Management ,,-.. ,.......,~.~ ""~..,."".,",.,,.., A!,~endilltem No, 10D December 14, 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 100 Approve and Adopt by Resolution it Hazard Mitigation Plan for Collier County also appticable to its Municipalities. Copies 01 the Hazard Mitigation Plan are available for review at the County Manager's Office, 3rd Floor W. Harmon Tmn6r Building, 3301 Tamiami Trail East, Naples, FL and aU CoHier Counly Public libraries. (Dan Summers, Director, Emergency ¡'J1anagement) 12/14120049:0000 AM Item Number Item Summary Prepared By Date Richard. ZYVClloski, CEM. FPEM Emergency Management Coordinator 12/2120042:50:31 PM County Mnn:ager's Offíc& Emergency Management Approved By Darcy Waldron Senior Administrative A&sísta:nt Oate County Mi!mager's Office Emergency Management 12/212004 11 :05 AM Approved By Dan E. SUJ'umers Bureau of Emergency Servíces Director Date County Manag(!r's Office Bureau of Emergency Servic~ß 12/2/20045:13 PM Approved By OMS Coordinat.or Admìnì!'.trative Ass.ístant Date County Mana.ger's Office Offic.e of Management & Budget 12/312004 9: 11 AM Approved By Michael Sl1'lykowski Management & Budg(!'t Dírector Date County MiJnttyer'$ Office Office c1 Management &. Budget 12/6/200411:37 AM Approved By ,Jame5 V, Mlldd County Manager Date Board of County Cornrni~sicnef1i. County Managr.:r'!). Offìce 12/7/20047:27 PM Agenda Item No. 100 December 14, 2004 Page 3 of 4 RESOLUTION NO. 04- A. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLŒR COUNTY, FLORIDA, APPROVING AND ADOPTING A UNIFIED HAZARD MITIGATION PLAN. WHEREAS, the Federal Emergency Management Agency and the Florida Department of Conununity Affairs have made funds available for a statewide Mitigation Strategy; and WHEREAS, Collier County entered into an Agreement with the State of Florida Department of Community Affairs on July 29, 2003, to develop a county-wide Mitigation Plan; and WHEREAS, the Collier County Comprehensive Plan in Policy 12.2.1., provides for routine the review and update of the County's Hazard Mitigation procedures; and WHEREAS, post-disaster funding will be received more quickly by pre- identifying mitigation projects; and WHEREAS, communities with an approved hazard mitigation plan will be entitled to receive Hazard Mitigation Grant Program, Pre-Disaster Mitigation Grant Program, & Flood Mitigation Assistance Grant Program funding; and WHEREAS, substantial savings will be realized because the costs of mitigation . are less than the costs of recovery and rebuilding. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLŒR COUNTY, FLORIDA that the Hazard Mitigation Plan attached as Exhibit "A," is hereby approved and adopted by reference. This Resolution adopted after motion, second, and majority vote in favor of adoption this 14th day of December, 2004. . AITEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to fann and .,~.~~~ ~e Assistant County Attorney Agenda Item No.1 OD December 14, 2004 November 19, 2qDége 4 of 4 Collier County Hazard Mitigation Plan TABLE OF CONTENTS Section Topic Number Basic Plan Executive Summarv Section 1 Purnose. Oraanization & Outreach Section 2 Summarv of Countvwide Hazards and Vulnerabilities Section 3 Mitiaation Goals for the Current Plannina Period Section 4 Procedures for Prioritizina Hazard Mitiaation Initiatives Section 5 Com Dilation of Currentlv Pro Dosed Mitiaation Fundina Sources Section 6 Plan Maintenance Section 7 FloodDlain Manaaement Plan Annex A Risk Assessment & Hazard Analvses Annex B Essential Facilities ListinQ Annex C Land Use and Future Land Use Maps Annex D Resolutions Adoptina the Hazard Mitiaation Plan Annex E Procedures to Encouraae Public Involvement Annex F Potential Grant Fundinc Sources Annex G Prioritized Listina of Mitiaation Proiects Annex H Local Mitiaation Strateav Meetina Minutes Annex I Local Mitiaation Strateav Workina Group Membership Annex J Proiect Scorina Criteria .----'~_.- .._~-.._._-- Agenda Item No.1 OE December 14, 2004 Page 1 of 9 ,,-. Executive Summary Recommendation to approve the Selection Committee's recommendation and approve a Professional Services Agreement with Carollo Engineers in the amount of $11,725,020.00 pursuant to RFP # 04-3673 for design and resident engineering services through the warranty period related to the construction of the Northeast Water Reclamation Facility and the Northeast Water Treatment Plant, Project Numbers 70902 and 73156. OBJECTIVE: To obtain approval of a Professional Services Agreement which will provide design and resident engineering services through the warranty period necessary for the construction ofthe Northeast Water Reclamation Facility and the Northeast Water Treatment Plant. CONSIDERATION: On May 25, 2004, as Agenda Items 10 (C) and 10 (D) respectively, the Board of County Commissioners adopted the Wastewater and Water Master Plan Updates which identified the following projects: ,,-. . Wastewater - Northeast Water Reclamation Facility: Study, design and construction of a new 2.0 mgd Water Reclamation Facility by 2008, an expansion to 4.0 mgd by 2012, and an expansion to 6.0 mgd by 2021 on the newly acquired 2l6-acre site to replace the existing Orangetree Utilities plant in 2012 and serve potential new customers in the Northeast Service Area. The recommended action for this item only covers those services for construction of the new 2.0 mgd facility. . Water - Northeast Water Treatment Plant: Study, design and construction of a new 10.0 mgd Water Treatment Plant by 2009 with an expansion to 20 mgd by 2018 on the newly acquired 2l6-acre site to replace the existing Orangetree Utilities plant in 2012 and serve potential new customers in the Northeast Service Area. The recommended action for this item only covers those services for construction of the new 10.0 mgd plant. To implement the study and design phases of these projects, a Request for Proposals (RFP# 04-3673) was distributed to thirty (30) vendors on June 24, 2004. A Selection Committee was convened to evaluate the proposals which were received iÌ'om the following finns on July 30, 2004: · Carollo Engineers · Hole Montes, Inc. · MWH Americas, Inc. · Hartman & Associates, Inc. On September 10, 2004, by consensus, the Selection Committee recommended selection of Carollo Engineers as the No.1 finn, Hole Montes, Inc., as the No.2 finn and MWH Americas, Inc. as the No.3 finn. ~ 1 . ,"""","·_~."""'N"~'~_"'·"" Agenda Item No.1 OE December 14, 2004 Page 2 of 9 ---- The staff has negotiated a scope of work and fees with Carollo Engineers for the professional services associated with the design basis report, preliminary and final design, and services during construction, for the Northeast Water Reclamation Facility (NEWRF) and Northeast Water Treatment Plant (NEWTP) project. The scope of work is based on selection of the Construction Management at Risk (CM@RISK) methodology for project ~elivery and that CEl services will be provided under a separate procurement. A public involvement program has been included in the scope of work whereby services will be provided to aid the project team in their communication with the community . surrounding the site throughout the duration of the project. Such includes development of and hosting a public web site. ~. A value engineering assessment will be perfonned during the preliminary design phase for each facility. This will be conducted by a team of experts selected by the County along with the department directors and plant operators. The final design phases include deliverables at 60, 90 and 100 percent stages. A design review workshop will be. conducted at each stage of the final design whereby comments and recommendations will be incorporated into subsequent stages of the final design. The CM@RISK contractor and the consultant selected for CEl services will participate in these workshops starting at the 60 percent stage. A constructability analysis will be conducted at the 60 percent stage, a detailed quality management check will be perfonned at the 90 percent stage, and assistance in negotiations of guaranteed maximum price (GMP) with the CM@RISK contractor will be provided at the 100 percent stage. Carollo Engineers will prepare and assist the County in obtaining all required pennits for the project. The estimated cost of construction for the initial phase of the Water Reclamation Facility WRF) and Water Treatment Plant (WfP) as outlined in the 2003 Water and Wastewater Master Plan Updates is as follows: $14,760,000 $45.360.000 $60,120,000 * * The Master Plan Updates also include a 30% contingency factor for these projects, which would bring the total estimated cost of construction to $78,156,000. During negotiation of the fees for this Agreement, an updated estimate of the cost of construction was developed based upon the foHowing items of construction contained in the scope of work: ,-- 2 Agenda Item No.1 OE December 14, 2004 Page 3 of 9 ..-... Water Reclamation Facility - $15,000,000 Water Treatment Plant - 45,360,000 Deep Injection Wells - 7,000,000 Common Facilities - 2,000,000 Offsite Improvements - 5,300,000 Landscape Buffer - 1,750.000 TOTAL $ 76,410,000 The American Society of Civil Engineers (ASCE) Manual and Report on Engineering Practice No. 45 contains recommendations for estimating the costs for engineering services related to various construction projects. These recommendations were used as a basis for negotiation of fees for this Agreement. For a project of this scope and complexity, the ASCE Manual establishes a range of 10 - 13% of total construction cost. This project falls within these established guidelines at 12%. This document provides that the total fees should include those for Basic Design Services and Special Services, further defined as follows: ,.,-- . Basic Design Services 1. Design Basis 2. Preliminary Design 3. Final Design 4. Services During Construction . Special Services 1. Public Participation 2. Noise Consultant 3. Geotechnical Investigation 4. Surveying 5. Value Engineering Participation 6. Constructabilìty Review 7. SecurityNulnerability 8. Services During Warranty Period 9. Reimbursables (Travel, outside printing, etc.) In addition, the following categories were also included 1D the total cost of this Agreement: . Allowance - The construction cost estimate did not include a contingency for unforeseen conditions. Therefore, for the purpose of dealing with those items that cannot be identified at this time that could impact the design, such as the final water treatment process and subsoil conditions, an allowance was negotiated based upon a maximum of 12% design fees on a contingency of 10% of the construction cost estimate. The resulting allowance was calculated as follows: ,.,-- 3 Agenda Item No.1 OE December 14, 2004 Page 4 of 9 ~ Construction Contingency - $76,410,000 x 0.10 = $7,641,000 Allowance for Design - $7,641,000 x 0.12 = $916.920 Obligations WIder this allowance will be authorized in accordance with current procedures established by the Purchasing Department and the Clerk of Courts Finance Department. . Cost of Business Adjustment (COBA) - This project will be developed over a five year schedule. In order to share the risk related to inflation, each year the remaining professional fees will be adjusted in an amount equal to the Consumer Price Index for the past 12 months up to a maximum of3.5% per year. It is noted that costs for design contained in the 2003 Master Plan Updates are for basic design services but do not include services during construction. A comparison of the costs for basic design services exclusive of services during construction is as follows: $ 6,750,000 $ 6,537,934 Therefore, the following summary is provided to represent the negotiated costs associated with this Agreement: .~ Basic Design Services $ 6,537,934 Services During Construction 2,631,266 Special Services 1,085,000 Allowance 916,920 Cost of Business Adiustment 553.900 Total Amount of Agreement $11,725,020 Staff, with the assistance of our consultant, Malcolm Pirnie (see attached letter of recommendation), has negotiated the proposed fees, finds them to be fair and reasonable and recommends approval of a Professional Services Agreement witb Carollo Engineers to provide total design services through the warranty period for construction of the Northeast Water Reclamation Facility and Northeast Water Treatment Plant. FISCAL IMPACT: The total cost associated with approval of this Professional Services Agreement is $11,725,020.00. Partial funding is available in and is consistent with the FY 05 Capital Budget approved by the Board of County Commissioners on September 23, 2004. Current appropriations are identified in the Water Impact Fee Fund (411), Northeast WTP Project (70902) and the Sewer Impact Fee Fund (413), Northeast WRF Project (73156). Since the services contained in this Agreement win be perfonned over a five year period, only current year services are included in the FY 05 budget. As such, approval of the total amount of this Agreement is requested at this time with the stipulation that authorization to proceed with the services contained in the Agreement be phased on the basis of Board approval of funds necessary for each fiscal year during the ~ 4 >"~N"_"''1'O''''''''~'''''~;"'''''''' Agenda Item No.1 OE December 14, 2004 Page 5 of 9 ~ duration of this Agreement. In the event of tennination for convenience, provisions in the Professional Services Agreement provide tl¡at such action will not result in a penalty to the County. Funds in the amount of $3,249,000 are available in the current budget for this purpose. This funding amount of $3,249,000 is sufficient for the services to be perfonned during FY 05. The source of funds is Water and Wastewater Impact Fees. GROWTH MANAGEMENT IMP ACT: This project is consistent with and furthers the Goals, Objectives and Policies of the Collier County Growth Management Plan and is consistent with the 2003 Wastewater and Water Master Plan Updates adopted by the Board of County Commissioners as Agenda Items 10 (C) and 10 (D) respectfully on May 25, 2004. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District: 1. Approve the selection of Carollo Engineers as the No. 1 finn as recommended by the Selection Committee for RFP # 04-3673. 2. Approve a Professional Services Agreement with Carollo Engineers in the amount of $11,725,000.00 for design services related to construction of the Northeast Water Reclamation Facility and the Northeast Water Treatment Plant; however, only $3,249,000.00 is authorized at this time. ~ 3. Authorize the obligation of funds for perfonnance of services during FY 05 in an amount not to exceed $3,249,000.00. 4. Authorize the Chairman of the Board of County Commissioners to execute the Professional Services Agreement after approval by the County Attorney's Office. PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering Department ~ 5 A¡¡enda Item No, 10E December 14,2004 Page 6 of ¡¡ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10E Meeting Date Recommendation to approve the Selection Carnmittee"s recommendation and approve a Professional Services. Agreement WiUl Carollo Engineers in the amount of $11,725,020,00 pursuant to RFP # 04¥3673 for desIgn and resident engineering services through the wa.rranty penod related to the construction of the Northeast \-'Vater Reclamation Facility and: the Northeasl Water Treatment Plant, Project Numbers 70902 and 73156 (Jim Delony, Administrator, PLlblìc Utilities) 12114/20049:0000 AM Prepared By Date Harry Huber Senior Project M<1nager 111101200412:01;24 PM Public UtHìties Public Utìlities Engineering Approved By Lyn Wood Purchasing Agent Date Administr3.tíve S(!t"VlceSi Purchasing 11/29120048:40 AM Approved By Steve Carnell Purchasing/General SVC$ Director Date Administra.tí'\,Ie Services Purchasing 111291200411:09 AM Approved By Joseph B. Cheatham Wastewater Directèlr Date Publíc Utilities INasteWater Treatment 1112912004 1 :40 PM Approved By Paul Mattausch Water Director- Date Public Utilities Water 11129/20043:00 PM Approved By Willi~'m D. Mullín, PE. Princ:ípal Project M;anager D,'de PublÎc Utilities Publìc UtiHties F..ng:íne~ríng 111301200411:32 AM Approved By Thoma.s Wides Operation!'; Director Date Public Utilities. Public Utilities Operations 1211120042:45 PM Approved By Roy R Anderson P .f:.. PubUc tJtiUtics. Engineering Director Date Public Utitities Public Utilitie$ Engineering 1213120048:39 AM Approved By James W. DeLony Public Utì1ities Admini$tratof Date Public Utilitj£!$ Public Utilitì~s Administration 12/31200411:39 AM Approved By OMB Coordinator Administr-ative Assistant Date County Manager's Office Office of Management & 8udget 1213120043:52 PM Approved By Susun Usher SeniQr Management/Budget AnalYJ:>t Da.te County Manager's Offíce Offír.e of M,"nag:~ment & Budget 12/61200411:01 AM A pproved By Michael Smykowski Management & Budget Director 0",. County Manager's Office Office of Management & Budget 1216120044:09 PM Approved By James v, Mudd County Manager" Date Board of County CommissÎoners County Manager'5 Office 12f6í2004 4:43 PM · ·04 NOV 24 AM If: 58 Agenda Item No. 10E December 14, 2004 Page 7 of 9 MALCOLM PIRME, INC. INOEPEI«J£NT ENVIRONMENTAl.. ENGINEERS, SCIENTISTS iii CONSULTANTS November 22,2004 Harry Huber, Senior Project Manager Public Utilities Engineering Department 3301 East Tamiami Trail, Bldg. H Naples, Fl.. 34112 Reference: Northeast Facilities Design Professional Agreement Negotiations Dear Mr. Huber: The first complete phase of the Northeast Facilities Project (Project) is comprised of the 2.0 MGD Water Reclamation Facility (WRF), a lOMGD membrane Water Treatment Plant (WTP) and ancillary utility facilities supporting the two plants plus a satellite staging facility for water distribution and wastewater collection. In accordance with approved consultant selection procedures, Carollo Engineers was selected as the most qualified firm to provide professional engineering services for the development of this Project. MalcolmPimie assisted the County to negotiate the Scope of Work associated with the required professional services and the professional fees related to these services. Several approaches were used to determine a fair and equitable fee for the negotiated Scope of Work: · A detailed spreadsheet was used to estimate the total hours for each of CaroUo's staff: each sub-consultant's staff and each non-design related task. · An index of sheets was prepared for the design of each discipline involved with each component of the facilities including appropriate estimates of staff and time to prepare each sheet. · The overall fees were evaluated against fees for comparable projects in Collier County and nationwide. · Basic Design Services and Special Services were defined and fees detennined in accordance with the American Society of Civil Engineers, ManuaJ of Practice No. 45. )533 HENDRY STREET SUITE 201 FT MYERS, FL 3390! 239·3:~2·1300 'a~ 239-332-1789 http;{lwww.pilf1;ecam r;f...~·t!'C.ELj ¡:;'A~f:·H ~ Agenda Item No.1 OE . . December14,2004 Harry Huber, Sentor Project Manage¡Ðage 8 of 9 November 22, 2004 Page 2 of2 The negotiated formula for professional fees equitable to both the County and Carollo had to account for speciaJ conditions related specifically to this Project: . Fees for Basic Project Services were determined using the ASCE Manual and Reports on Engineering Practice No. 45 and were established as 12% of the estimated construction cost. . Fees for Special Services were determined based on the Scope of Work, and the staff hours and expenses associated with each task. . The construction cost estimate did not include a contingency. For the purpose of dealing with currently unknown conditions that could impact the cost of design, a Contingency Allowance was negotiated based on a maximum of 12% design fees on a construction contingency of 1 ()Ofo of the construction cost estimate. This Contingency Allowance would be used only upon written authorization of the Director of Utilities. . The Project development win span an estimated five years. To accommodate the Cost of Business Adjustment (COB A), the professional fees contain provisions to allow an annual increase of the remaining fees in an amount equaJ to the past 12 month Consumer Price Index but not to exceed 3.5% per year. The fonowing is a summary of the negotiated fees for this Project based on a construction cost of $76,410,000: Basic Design Services Special Services Allowance for Contingencies COBA (maximum 3.5% per year) $9,169,200 1,085,000 916,920 553,900 TOTAL PROFESSIONAL SERVICES $11,725,020 It is our opinion that these fees represent fair and equitable compensation for the Professional Servìces described in the negotiated Scope of Work for this Project. Very truly yours, Malcolm P..ìrnie, Inc. ~jJ!J« %R~rÓI. ~..renc1t:p:.e: ~. ':'-"A"""'" -- .. ;.-n..~clate :::: ?: : . -:- t:: ..., ~'I--," .......... "'if -:. Z:Zr~ {,.;''í';::-'. . t'" Þ ¿'^ '.' t"" /i.r,;'" . . . ~ . .:..:.. "r' ~ ~.' (.1:-:- ..... r R.EC'fCLEO pþ.P£R ~-~.,.-'~'^. woo::tOJ 0°,,- ....00 ,N OJ o - Zoo::t(1) .... 0) E...ro (1)(1)(L _ .£l -E cu(1) "Qu '-(1) &0 <:{ <T CJ) '" c c ('II N <T DO '" C C ('II N <T M '" C C ('II N <T .. C 0 .- ., '" '" '" '" '" '" CJ '" ~ c:c ::; : '" 15 '" '" N :;, ~ '" '" '" ¡;::' ~~ ò 15' @ Ii; ~ ~ '" " ... '" ::;, III <Ò ...' ,.; 8 "- ... ~ " .... c ~ 0> E c c '" 1: g- o Z 0 ~ E 0. "¡: 0. '" t: "" " :¥ ~ '" " 0 ... 1:' i? 0 z '~ Q) "' u ~ CJ " "- ~ ~ "~ w 0 " ~ > '" "C iir Q) ..J ,;; " "C "' " '" ~ '" " 'Vi 0 W '5 C> '" Q) ~ ~ c ~ S- " ::¡: ~ ~ i « "" ~ "C § C> "C ~ '0 "~ " " ~ '" "- ~ 0 oS ¡¡: 0 U ..c: 0 "C - -I: .- ~ "C ca ~a.(1)~ 1: u. ñS ._ "C (1)£r:ä;=1: Eo'-~ca (1)-"Cu.N ~1:.21:~ C)caQioo __ ::I .....-...... In - In .....- ~(1) In ~ >. caE I!! (1)(1)-- (1) -(.)Q,l:ca.c ~ 'S; 0 f:! ü E E~o'-(1) E (1) . ca c:: ::I o(J)re~,-z Uñšq(1)'sü 1:it)..c:ca(1) I: ON-:>,,_ o .- ...... ..c::> 0 :;:; In ~ C) _ '- (.)In-::Ilna. ~J!:!~oca... (1)0 "-(1)1: (J) "- _0 ..c:..c: ca a. -~- (1) -Inoa. ..c:cal:(1)z_ -(1)::1(.) I: (1) > 0'- (1) (1) >OE~..c:E 0'- (1)__ '- Q, ca In - ca Q,Q,(1)I:0(1) Q, ca..c: C) I: '- ca "C - ._ 0 I- .s I:.S :3:;:; Qi 1:~1!!"C~ñS 0-(1)--:> :;:; .2 (1) .s û) :> ca-I:OI:- "C ca._ - 0 In I: "C C) '- (.) ca I: I: 0 (1) (1) (1)W--..c: E E M .~ ~ EE..2......~ocø o 0 Õ ~ .!: Z it) (,J(.),,- 1(1)(1)_ ~~~~;;::2 Agenda Item No. 10F December 14, 2004 Page 1 of 7 --. EXECUTIVE SUMMARY Recommendation to allow a presentation of the construction options for the Golden Gate High School Bridge Study alternatives conducted by the Collier County School Board and the preferred alternative selected by the School Board at their November 18, 2004 Board meeting. OBJECTIVE: To obtain Board direction on the Golden Gate High School Bridge Study construction alternatives conducted by the School Board. On November 18, 2004 the School Board received the final results of the four bridge ahernatives and selected a preferred alternative based on those results. The School Board selected a vehicular bridge ahemative open to Golden Gate High School traffic only and has requested that the design and construction costs be split evenly between the County and the School Board. ~ CONSIDERATION: Originally, a pedestrian bridge between 32ND Avenue SW and Golden Gate High School (also would provide a connection to the County's linear park south of the canal) was planned jointly between Collier County Parks and Recreation Department and the School District to be constructed this year on a vacant lot east of Tropicana Boulevard. Concerns ftom the neighborhood, the Civic Association and Transportation caused this to be re-evaluated over the last ten months. The study evaluated four construction alternatives at the end of Tropicana Boulevard (see attached graphic for a location map) that included: a vehicular bridge open to through traffic, a vehicular bridge with on-campus parent drop-off/pick-up loop, a pedestrian bridge with off-campus parent drop-off/pick-up loop (previous BCC direction was to drop this ftom further consideration) and a vehicular bridge open to Golden Gate High School traffic only. The study analysis that will be presented by the School Board's consultant weighed the advantages and disadvantages to each alternative, itemized the features included with each alternative and identified the cost of each alternative. Based on the analysis, the School Board selected the vehicular bridge open to Golden Gate High School traffic only alternative (see attached graphic indicating gates separating the parking lot just west of the main entrance) which wi11 allow traffic coming ftom Golden Gate City to get on campus and access the western portion of the parking lot and traffic coming ftom CR 951 to access the eastern portion of the parking lot. This will not allow through traffic but buses and emergency vehicles would be provided gate openers to access the entire site. The School Board also discussed the option of opening the gates on a case by case basis for special events. The estimated total design and construction cost for this ahernative is $2,949,000. FISCAL IMP ACT: County Transportation has programmed $1.5 million for the construction of a vehicular bridge in FY 2005 pending a detennination by the BCC on what participation the C01Dlty will have in the project. The current total estimated cost for the School Board's preferred alternative is $2,949,000 and what we have programmed would cover half the cost consistent with their request unless there are cost estimate revisions during the design and construction phases. ~ 1 _<_,~"~..",....,__.-..<.,.."_,,,",,' 'F'.._."·" ,,, .'- """·".",;i<>1n"··"·.''',"",,~,_'·,"·,,·',"'1'I·-,..H·', _..""-,..._""...._'""'......."..,~,. Agenda Item No. 10F December 14, 2004 Page 2 of 7 ,- GROWTH MANAGEMENT: The alternatives being considered are consistent with the Growth Management Plan. RECOMMENDATION: To gain Board direction on the proposed alternatives and the preferred alternative selected by the School Board including the 50%/50% design and construction cost sharing proposed by the School Board. PREPARED BY: Donald L. Scott, Director, Department of Transportation Planning .~ ~ 2 Aqenda Item No, 10F December 14, 2004 Page :¡ of T COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS Item Number Item Summary 101' Tbis Hem to be 11eard at 1 :00 p.m Recomrnendation to aliow a presentation of the construction options for the Golden Gate High School Bridge Study alternatives conducted by tht) Collier County School Board and the preferr€)d alternative ssjected by the School Board at their November 18. 2D04 Board meeting (~~orman Feder, Administrator, Transportation Services) Meeting Date 12/14120049:00.00 AM Approved By Sharol' Newman ACl:ounting SlJp~rvj50r Date Transf)ortJon Seo,rviccs Trans.portation Adminí5tr.1tìon 12/1120041:30 PM Approved By Glorin Herrer~ Managemcnt/Budget Analyst Date Tran$portiQn SVfvices Transportation Operations 1212/20048:51 AM Approved By NO"m E. Feder. AICP Trans¡:)OrtatiDo Division Admi"Î!')trator Date Tram~portioo Services "Transportation Service:> Admin, 12/3/2004 6:57 AM Approved By Pat L-ehn!la,.d Executive Secretary Date Transportation Servict!'IO 'fn.msportation ServIces Adrnin 1213/20049:10 AM Approved By OMS Coordinator Administrative Ass.istant Date County Manager'$ Office Office of Management & Budget 12/3120049:58 AM Approved By Susan Usher Senior Manag~mentfBudget Analyst Date County Manager'!Ç Office Office of Mal1í1gement & Budget 1217120041'1:39 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/7/200412:50 PM Approved By Jal11es; V. Mudd County Manager Date Board of County Commissionertì- Coun1'y Manager's Office 12/8/200412:51 PM · ",trier Sdlo()/ cr ' ì ~ \ ;: . 81 =1 .. ...... ¡ 301. l~i· '-',...'- ./ ~0 Colli~r Cou''\ Agenda Item No. 10F December 14, 2004 Page 4 of 7 OFFICE OF THE SUPERINTENDENT 5775 Osceola Trail Naples, Florida 34109..{)919 (239) 377-0212 . FAX (239) 377-0206 Dec~mber J, 2004 Mr. James Mudd. County Manager Collier County Courthouse Building 3301 T amiamí Trail East Naples, FL 34112 Dear Mr. Mudd; During the site review process for Golden Gate High School, CoHier COUnty Transporratíon Division BtatT recommended that the School District consider building a vehicular bndge ITom Golden Gate City across the Golden Gate Canal to the hìgh school. Previously there had been plans tor a pedestrian onJy bridge proposed by the County Parks and Recreation Department and the School Board Facilities staff. The District contracted with Wilson M iller to conduct a study and on September 28, 2004 Jeffory Perry of that t1I1!1 made a presentation to the Board of County Commissioners (BCC). The BCC did not support a pedestrian bridge and requested that the District School Board of CoIlier County !DSBCC) complete the review of all related issues and make a final detennination regarding the option to build the vehicular bridge as a public thoroughfare or open to high school traffic only. The study was completed, and at the November 18th meeting of the DSBCC, the School Board unanimously agreed to "approve a vehicular bridge with pedestrian features to provide full access limited to the high school campus only and thar a request be made that the Collier COl/my Public Schools and Collier Count}' Government share equal~y in the cost of the bridge as it provides a public benefìt £0 the cilizens of Golden Gale City and access [0 the County's linear park", The purpose of this letter is to tOI1!1aily request that the BCC share equally in the cost of the construction ofth1s bridge. A vehicular bridge has the support of the Golden Gate Civic Association as well as the parents, students and staff of Golden Gate High School. It would sígniíJcantly reduce distance and travel time to the school and thus provide enhanced opportunities for the students and community to access the school for events during and after regular school hours. It would also greatly enhance emergency vehicle access to the school. COLLIES COUNTy CHARACTER EDUCATION TRAITS CitizenshIp Ccoperation Honesty Respect Responsibility Kindness Patriotism Perseverance Self-Control Tolerance THE COU..JËR COUNT? OOBL!C SCHOOL SYSTEM!S AN EQUAL ACCESS iFOUAL OP?CAiUNITi INSTrn.iTION ::C~ EtK;CATICN AND EMPLOYMEN7' -'~~ ./ Agenda Item No.1 OF December 14, 2004 Page 5 of 7 Page 2 Commissioner Donna Fiala By providing direct access to the school from Golden Gate City, a vehicular bridge would reduce traffic on Magnolia Pond Lane, Collier Boulevard, and especially at the busy segment ofCoUier Boulevard just north ofl-75. The bridge would also provide access to the future County Greenway for Golden Gate residents. According to our consultant. the opinion expressed by Comer County Transportation statT is that this public benetit could make this project eiigible for use of gas tax funding. On behalf of the District School Board of Collier County, I request that this proposal be placed on an upcoming agenda for consideration by the Board of County Commissioners. T would appreciate being advised of the date and approximate time of the BCC's discussion of this item. Sincerely, Ra~~~ Superintendent RJB :,NLA.Umkd cc: Commissioner Donna Fiala., Chairperson Board of COWlty Commissioners -~' ..- Q) > ~ e: ~ Q) Q).:!::: C>« 32>. ~ - me: ~O ctS 0 "SE o ctS .- ~ -531- >(J) ::r: (!) (!) } -- Agenda Item No. 16A1 December 14, 2004 Page 1 of 5 - EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Mediterra Parcel 125", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the peñormance security OBJECTIVE: To approve for recording the final plat of "Mediterra Parcel 125", a subdivision of lands located in Section 12 Township 48 South, Range 25 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 "Mediterra Parcel 125". 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 Attorneys 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 "Mediterra Parcel 125" be approved for recording. FISCAL IMPACT: The project cost is $1,164,214.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $279,936.00 - $884,278.00 The Security amount, equal to 110% of the project cost, is $ 1,280,635.00 ,,-.. ,....,..,'-~>...,-~,._-_....-_... . ,. -" ~.~ ,,,,..~,,~,~-,_...-."~ .~,> Executive Summary Mediterra Parcel 125 Page 2 Agenda Item No. 16A1 December 14,2004 Page 2 of 5 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138326 - Zoning and Land Development Review Department Revenue generated by this project: Total: $36,016.41 Fees are based on a construction estimate of $1,164,214.00 and were paid in November, 2002 as part of the Mediterra Phase Three East, Unit One project, with the exception of the plat review fee.. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac)-$ 1,090.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 2,099.52 c) Drainage, ,-... Paving, Grading (.75% const. est.) - $ 6,632.08 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 6,298.56 e) Drainage, Paving, Grading (2.25% const. est.) - $19,896.25 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. .- ,- Executive Summary Mediterra Parcel 125 Page 3 Agenda Item No. 16A 1 December 14, 2004 Page 3 of 5 STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mediterra Parcel 125" for recording with the following stipulations: 1. Approve the amount of $1,280,635.00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorneys office. - PREPARED BY: John Hou, Idsworth Senior Engineer, Engineering Review Department ~ Item Number Item Summary Meeting Date A¡¡enda Item No. T6A 1 December 14, 2004 Pagß 4 of f. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendation to approve for recording the final plat cf "Mediterra Parcel 125," approval of the standard form ConstructIon 8f1d Maintenance AgrÐflrT1Mt and approval of the amount of the p€"rfonT1ance securily. 12/1-4/200-49:00.00 AM Prepared By Sf,'niot En~lirU!' n 11117/200411:33:45 AM Jt; hn Houlds;warth Community D"velopm~nt & Envi'"Untyu~l'lt31 Services. Dllte Engìruu!"n'ng Ser...ic~s Thoma_<; E, KUCh, P,E. CQes Engineering SeT\'ic€s Dìrector Date Approved By Community DovelupmE!tlt &. tll...¡ronrnenJ:,,1 SOIVICr.\ô CDES Engineering Services 11i17i2()()412:01 PM Constance A. JoluuDn Date Approved By Community Oe\lelopme:ml: & Environmental Servic.es Operatiol'$ An..lytõt C(>mrnuni1y Dt!velopment &. Environmental Servìc:es Admin. 11!19/1004-10:55 AM S;ltIdmL(':;1 Dttt¡~ Approved By Community De'Jelopn1ent & En...iromneYltal Services. Exp.cutiv(! Sf!cr~tnry CDI'nn11Jnity Development & Environme.ntal SeNices: Admir¡, 11i19f200411:58 AM Jos~þh K. St:hrnitt DatI!! Approved By CommUI\ity [)i,>!vl~IQ"rmmt &. EnvituntJIonta S~rvk:C5 Community OI~...el()p")(Hlt & Environmental Ser'iicc5 Admìnstrator Ct>rnmunily 1)~VI!!I(lpfYI~l1t &. EnvimnmtHltÆ:1 S",yil;cs Admin, 11/19!2004 7:24 PM OMB Coordinator Adrninì5tr;ative A!;!,.it<tant Date Approved By County Manaqer's Office Office of Management & Budget 12.'21200410;01 AM Approved By M..tk b,¡~ ~ktHl!\ CDunty M.an.u~cr·!i. QtijC(~ Budnt:t Anuly!.t Dam OffiCI! of M.U\agemerlt & Budget 1212/200411:18 AM Michael Smyl<ùwski MOllaqement & Budget Oirct;;tor Dnte. Approved By County Manag~r"'S Otfil:Ð Office of Managem~nt 8. Budget 12/3/20048:34 AM Gounty Man;¡¡g(!r O.d~: Approved By J¡¡rrH~!i. V. Mudd Bunro of County CDmmissioners County MMag<!lr'$ OHicf'! 121:)1:0045:52 PM 0"> ..n ..-"<tL() ... ... <0...... c.ooo ro ... .,-NU') ... ... 0'7 ClJ "- ,., Z"- O"J ... ... .....C\) Ea.>D.. <D N ClJ.D ... ... =E C\)C!) -0'-' ~C!) « (DO Ct: O"J Ct: <C w I- 0 w 2: ro N "- N I¡~ 31.:>501.LON / Z- - (~(]) ~ mN^3TIOQ N't'OOl )41.!II.O"''''151 ~, :;]~ 1/ L L . ;~ ~ ~~ ~ N..~ ¡- ~ ~ ~ ~ i g ~ iL·aJ.\f.L~ !~ ~~ ~ ' ~ i~ <- "';:2. § ~ ~~ ~ ~~~ <;!u Q~~ ~~ ~ ~~ ~ ~~ ~~ ~~ i~ i ~ ~ ~~ ~ . ~. o I-z °0 w - -,t;: °0 tI:o CL--, orn::! AW-Hf'O:) .. .i"lO:J 9.1.' ;U\f.1mßLHl . £g~ .~ 1 :~ I. :~ ~ ~~ ~. z I~ ::i I'~ I~ I ~~ .. ê ~ ~w ê; ~~~ a.. « ~ IJJ I- - en .... z ffi U) < UJ > .... ;¡ !; II) ~ ...J UJ U 0:: < II... < 0:: 0:: UJ .... e !i! a.. « ~ ~ z o - I- « U o -.J ~ Agenda Item No, 16A2 December 14,2004 Page 1 of 42 - 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 on July 27, 2004, for the institution of fees to fund the County's expenses associated with the ongoing monitoring of Planned Unit Developments (PUD). It is always a primary consideration that the fee is reflective of the actual costs to CDES in providing that service. After a review of the actual revenue generated following the implementation of the PUD Monitoring fee, CDES believes that the fee exceeds the actual cost of providing the service in certain instances. As such, we are proposing caps or maximum amounts on the PUD Monitoring fees. - The current PUD monitoring fee is listed in the CDES Fee Schedule at $75.00 per dwelling unit within a PUD, and $0.10 per square foot for non-residential construction within a PUD. Reviewing specific results since the fee approval, CDES staff realized that applying this rate across the board could result in excessive charges in certain instances. As an example, a building permit for a 100,000 square foot clubhouse would amount to an additional PUD Monitoring charge of $10,000.00 on the building permit; a fee far in excess of the staff costs associated with the PUD monitoring program. To correct this apparent overcharging, CDES is proposing a maximum fee per building permit application of $3,000.00 for residential construction. This change would allow multi-unit residential structures covered under one building permit application to be charged PUD monitoring fees proportional to the CDES' costs of providing the service. In addition, CDES is proposing a maximum fee per building permit application of $2,000.00 for non-residential construction. Again, this is proportional to the cost of providing the service. Included with this Executive Summary are: 1. Resolution with Exhibit "A," Fee Schedule 2. Attachment "B" - CDES Fee Schedule - showing the additions and deletions. Note that the additions are depicted by a double underline and the removals are depicted by a strike-through. 3. Attachment "C" - Summary of Fee Changes --- FISCAL IMP ACT: This Executive 'Summary requires no budget changes and/or reallocation of funds. These fees are incorporated into the FY 2005 budget presented to the Board on September 23, 2004. The adjusted revenue after this change will equal the revenue projected in the budget. ,. '..,"'"_....~"'"..,,',..~--..",.._, Agenda Item No. 16A2 Dece~~~!14,2004 GROWTH MANAGEMENT IMP ACT: There are no growth management impacts WJRágtÞisof 42 Executive Summary. RECOMMENDATION: That the Board approve the enclosed resolution and attached Exhibit A, which adopt the proposed changes to the Administrative Code for the Fee Schedule. PREPARED BY: Garrett Mullee, Manager of Financial Operations, CDES -, "".- Item Number Item Summary Meeting Date Aqenda Item No. 16A2 - December '14. 2004 Page 3 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS !5A2 Recommendation to adopt a Reso!ution amending the Collier County A.d~inistratìve Code Ff:f; Schedule 01 development-related re~'i~'N and precessing fees as provid¡<;d for in Cod~ of La\.V$ Section 2-11. (Chélng€s to the PUD mO!l!\oring fees) 1;:;14:,7.00-4 9:00.00 AM Prepared By 11l19/2004 2:31:40 PM Mi :.hae1 S. Levy Community De....~¡opnll'!nt "'- En',imnmN¡i.3, Sentices Dat!!' Adminil>trativ~! A.$S,ist;u)f Fhôl "H:;i~1 Admin. !to I'tCll15i<lg Date- Approved By Constance A. Johnsot' CDIlIIrIUnìt'l Om1f!iUpmNlt & f.n'lironrnen!'a Sl.'lvΡ;e<õ Operations Analyst C(lmml'Ility Deyelopmw f & Envit()flPn",nt¡~1 Scrvk.E's Adm!l1. 1'!J22/2004 HJ:53 AM Date Appl'oved By Su,.an Murray, AICP COlnm( ni~y Df!'\,p.IDprnenl &. Environmental ServicÐs Zoning & Lauù Development Diredor Zoning ,'{. Lall!¡ ()j~v.!ll)prn!wr Rmlil~w 11,122':200412:03 PM D¡tt~ Approved By D~ntl)n Saki!! Community Dev£!!opment &. En'¡irolJmenta! Services. Fih.anda! Adnlil~.& Hml!öing Dim(:tM Fin;¡n<:.i;¡ì Adnlin. 8. Hf)u"ing 111'22;20042:12 PM Pa1rick G. \..Vhite Date Approved By Cmltlly Attom!Z'v Ä<;sj:.¡t<mt County Attorney County At~orney Offiç"" 11122i2004 3:05 PM Approved By JO.$"'ph K. 5thmitt Comm~mity Development &. Er.vironmenta} Services Community Oevclopme'lt & E'wimnmental 5ervi ;es Adrninsarator Date Community Development &. Env~ronmental Services Admin. 11'22120048:25 PM D;¡te Approved By OMB CoordinAtor CDunfy Man,¡¡ger's Ofiic(~ Admi1lj;ötmtivc As:!.ilit.illt OHiçe of Mal1"-,gt!:ment &. Budget 12!2:;'2004 10:25 AM O"tc ApP"oved By M¡¡rk Isackson County ¡\km¡¡ger''S Office B\Jdget A~Htìyst Otfiçt) of Managt'rn~nt & Bndge1 12/212004 4:05 PM D,Itc Approved By M¡dIMI Stnykowski County Manager's. Office M;¡m.u;J(!rmm1 & Bud! P-t Dir~~¡;f(Jt Office of Mðn<Jgl!ment &. Budget 121612004 4:07 PM Darc Approved By ,Iamcs V. Murld Board of Couoly C )m,"¡!i~ion ~r!; County M.<In<¡gN County Manager's Offic.e 12,fiH2004 7;30 PM Agenda Item No. 16A2 December 14, 2004 Page 4 of 42 RESOLUTION NO. 2004-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: PROVIDING FOR REVISED FEES PERTAINING TO PUD MONITORING; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY ADMINISTRATIVE CODE PURSUANT TO CODE OF LAWS SECTION 2-11; SUPERSEDING RESOLUTION NO. 2004-344; 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 previously had approved Resolution No. 2004-344, establishing a fee schedule of development related review and processing fees on November 16,2004; and WHEREAS, the revisions and clarifications in the fee schedule for PUD Monitoring, and related administrative processing are reflective of the actual cost of performing those tasks. 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," 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 Collier County Administrative Code for all fee changes, be recorded in the minutes of this Board with an immediate effective date upon the Board of County Commissioners approval, and that Resolution No. 2004-344 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. Agenda Item No. 16A2 December 14,2004 Page 5 of 42 This Resolution adopted after motion, second and majority vote. Done this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney 2 December 14, 2004 Page 6 of 42 ...,."."..... .,....,...2 ...,,2 ",.......'. ,..,......,. .,.",....,.',.. 3 "...,..."."..".,.",.".""",..,3 ,...'.'""......,'.",'..,....", ",,4 ....4 .",.",.,.,.....".,.,.""....",...,.5 ,.. ,..... 6 ....,......,.., ..,..,...6 .... 7 c ~. I "-~'i T c t o y M 1'1. III o EXHIBIT A COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE BCC proposed version, December 14, 2004 Contents: A) ADMINISTRATION...... B) BLASTING PERMITS & INSPECTION C) ENVIRONMENT ALILANDSCAPING D) EXCA V A TION PERMITS. E) FIRE CODE REVIEW FEES.... , F) SITE DEVELOPMENT PLANS.. G) SUBDIVISION. ' .......... H) ENGINEERING INSPECTION FEES.,. , I) TEMPORARY USE PERMITS ....' .....,... J) WELL PERMITS/INSPECTIONS .... K) ZONING/LAND USE PETITIONS L) MISCELLANEOUS............., M) BUILDING PERMIT APPLICATION FEL" N) BUILDING PERMIT FEES."... , 0) ELECTRICAL PERMIT FEES P) PLUMBING PERMIT FEES.. Q) MECHANICAL PERMIT FEES R) FIRE PREVENTION AND CONTROL PERMIT FEES ....,... S) MOBILE HOME/OFFICE TRAILER AND OlliER TRAILER PERMIT FEES. . ...,....... T) CHICKEES AND SIMILAR STRUCTIJRES . U) POOL OR SPA PERMIT FEES V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES .....,. , W) SIGN PERMIT FEES. . ..,... , X) CONVENIENCE PERMIT FEES ......,..... Y) REVlSION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS.. .,......,. Z) PERMIT EXTENSION ,... ,......,....,....,.. AA) DEMOLITION OF BUILDING OR STRUCTIJRE PERMIT FEES....,. BB) PRE-MOVING INSPECTION FEES. CC) INSPECTION FEES .. , DD) REINSPECTION FEES............. . EE) FAILURE TO OBTAIN A PERMiT .... FF) LICENSING. ' .......... GG) DUPLICATE PERMIT CARDS ..... lffi) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ....... II) PERMIT FEE REFUNDS. ......,... ....,..,. ...,.......... JJ)-RECORD RETRIEVAL... ....., , ' . ...... KK) COpy FEES.. .,....... LL) RESEARCH ......,... MM) SUBSCRIPTION SERVICE ......,..,....... NN) ELECTRONIC DATA CONVERSION SURCHARGE. 00) REGISTRATION OF RENTAL DWELLINGS .,...... PP) CERl1FICA TE TO BOARD BILLING. QQ) ADDITIONAL FEE REFUND PROVISIONS. RR) REFUND PROVISIONS,...., ' " ,...... SS) ADDITIONAL FEE PROVISIONS .. ................ TT) PUBLIC VEHICLE FOR HIRE FEES .. ,.. .., ... ' UU) "PAYMENT IN LIEU OF" FEE FOR P A THW A YS (SIDEWALKS, AND BIKE LANES),., . ........................ . ....................... .................. ................... .................. ...................... ................... ......................... ................ ....... ...................,. . .........-....... ...........--..... .................. ........................ ................. . .......................... .,...,............. .................. . ...........".... .................... ..................... .................... ..................... ......"........." .................... ................... ................. ..................... ................... ...........h.......·.· .................. .................. .................... ............................ ...... ............ . .......................... ............................. .. .............. ......................... .. ................. ................... .................. .................... ....................... .................. . . . . . .. .. . . . . . . . . . . ... ................... . .............. .... . ................. CDES Financial Administration, rev 11/18/04 msl ...,.. 9 ,........10 ..11 ........II .....12 ....12 ..,...13 .....13 ..13 ............ 13 ,...,..... 13 ..,....... 13 ...,......14 ......14 ,.. 14 ..,..14 ..14 ..14 .... 15 ..,..........15 .., 15 ...15 ...............15 ...... 15 ......16 ,.... 16 ]6 ..16 ..16 .16 ......... 16 ...17 ,,,.. 17 . 17 .... I 7 ..18 page 1 ACJ""nd~ !ÎE>m 1\10 16A2 December 14, 2004 Page 7 of 42 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 APPRO PlATE 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) ADMINISTRt\ TION 1) 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) 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). $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 (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-refundabJe payable upon application. $1.500.00 4) RenewaJ pennit fee, non-refundable payable upon application. $200.00 5) After-the-fact fee, due to blasting without a penn it. $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 compJetion, fees will be adjusted to reflect actual number of blasts. CDES Financial Administration. rev 11118/04 msl page 2 Itarn 1\1.... 1 R^.., December 14, 2004 Page 8 of 42 C) ENVIRONMENTAL/LANDSCAPING 1) Site Clearing Permit, first acre or fraction of an acre. $250.00 Each additional acre or fÌ'action 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 traction of an acre. $50.00 ($3.000.00 maximum) 3) Landscape Tree Removal Fee $250 4) Environmental Impact Statement (ElS) $1600.00, 2nd submittal $1.500.00. 3rd submittal $] .000.00, 4th and subsequent submittals $500.00 5) Landscape Re-inspection 1 st $50.00, 2nd $75.00, every inspection afterward $] 00.00 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 traction 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. $] 00.00 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 ]2 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 11/18/04 msl page 3 9) After-the-fact Excavation Permit. 4x application fee Ac¡enda It'?'T' No 16A2 December 14, 2004 Page 9 of 42 E) FIRE CODE REVIEW FEES 1) Fire Code Review fees associated with each of the foJIowing processes: a. SDP - Site Development Plan b. SDPA - Site Development Plan, Amendment c. SDPI - Site Development Plan, Insubstantial d. SIP - Site Improvement Plan e. SIPI - Site Improvement Plan, Insubstantial f. PSP - Preliminary Subdivision Plans g. PSPA - Preliminal)' Subdivision Plans, Amendment h. PPL - Plans & Plat, Subdivision i. FP - Final Plat J. CONSTR - Construction Plans, Subdivision/Utilities k. ICP - Construction Plans, Insubstantial I. DRI - Development of Regional Impact m. DOA - Development Order, Amendment n. PUDZ - Planned Unit Development, Rezone o. PUDA - Planned Unit Development, Amendment p. POI - Planned Unit Development, Insubstantial q. RZ - Rezone, Regular Zoning r. CU - Conditional Use $200.00 $150.00 $100.00 $150.00 $] 00.00 $] 50.00 $100.00 $100.00 $100.00 $]00.00 $100.00 $200.00 $150.00 $150.00 $]50.00 $] 00.00 $100.00 $150.00 F) SITE DEVELOPMENT PLANS ]) Site Development Plan Review (SOP). $5000.00 a. plus $40.00 per DIU b. plus $] 00.00 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 wiII 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 eveI)' additional sheet submitted. b. Additional fees for 3,d 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 Administration, rev 11118/04 IDsl page 4 ^ I+~,..,., I\I^ 1/:~ ^ '") December 14, 2004 Page 10 of 42 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 .tJQ.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 ofthe conditions of approval ofthe SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SOP/SIP. 4x the SIP/SOP application fee 12) Request for alternative architectural design $500.00, no separate or additional fee for appeals to, orrequests 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 $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 (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 nonresidential; (mixed use is residential) CDES Financial Administration, rev 11/18/04 msl page 5 December 14, 2004 Page 11 of 42 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 ofthe conditions of approval of approved construction plans or insta\]ation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part ofthe approved construction plans or pennit. 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 per residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re-inspection Fees: 1 st re-inspection $75.00, 2nd re-inspection $] 00.00, 3rd and thereafter re- inspection $] 25.00 I) TEMPORARY USE PERMITS I) Beach Events Permits- a. Individual Penn it $] 00.00 b. Block of 25 calendar days $2.250.00 c. Block of 5 0 calendar days $4.500.00 d. Block of75 calendar days $6.750.00 e. Block of] 00 calendar days $9,000.00 f. Block of ]25 calendar days $1 ] ,250.00 g. Block of] 50 calendar days $] 3,500.00 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 $]25.00 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 FinanciaJ Administration, rev 11/l8104 msl page 6 · I'~~ "I~ ~~^") December 14, 2004 Page 12 of 42 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 10) Fees for Temporary Use permits issued After the Fact, A TF: 2x normal fee J) WELL PERMITSIINSPECTIONS 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 It est 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) ZONINGILAND USE PETITIONS 1) 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) DRI Review (In addition to cost of rezone) $10.000.00 plus $25.00 an acre (or fraction thereot) 8) DRII DO Amendment $6.000.00 plus $25.00 per acre (or fraction thereot) 9) DRlABN - DRI Abaridonment $1.500.00 10) Ffood Variance Petition $1000.00 11) Interim Agriculture Use Petition $350.00 CDES Financial Administration, rev 11118/04 msl page 7 _.__w__ AgE''lda ItE'rrJ No 16/12 December 14, 2004 Page 13 of 42 12) Non-Conforming Use Change/Alteration $1.500.00 13)Parking Exemption $ 1.500.00 ]4) 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: $] .00 non-certified mail, $3.00 certified return receipt mail (Petitioner to pay this amount prior to advertisement of petition) ] 7) Planned Unit Development Amendments (substantial) $6,000 plus $25.00 an acre (or fraction thereof) 18) Planned Unit Development Amendment (Jnsubstantia]) $] 500.00 19) Rezone Petition (Regu]ar) $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) 2]) Street Name Change (Platted) $500.00 plus $] .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 Zoning/Land Use Petitions 2x the normal 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. 3]) PUD Monitoring (one-time charge at time of building permit pick-up) a. $75.00 per dwelling unit for residential construction within a PUD, ($3,000.00 maximum fee per building permit application) b. $0.] 0 per square foot for non-residential construction within a PUD, ($2,000.00 maximum fee per building permit application) 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 proj ect. CDES Financial Administration, rev] 1118/04 msl page 8 Itorn 1\1" 1~!l ') December 14,2004 Page 14 of 42 33) Administrative Review (minor changes 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 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 1 hour. 7)CD Burning: ~f1oppy 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. Printout on Paper + Mailing Labels $85.00 + $0.11 for every record over 1500 11) Comprehensive Plan Consistency Review a. CU's $300.00 b. Rezonings $750.00 c. Pud's or PUD Amendments: $2250.00 d. Letter ofGMP 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 Yz hour thereafter. Additional Department staff attending meeting per applicant request $75.00 per \/2 hour per staff member. CDES Financial Administration, rev 11118/04 msl page 9 /lael1d<:1 ItE'm 1\10 16A? December 14, 2004 Page 15 of 42 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, SOPs) $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] 2.a above $100.00 per building permit application. ] 5) Zoning Confirmation Letters a. Standard Response $] 00.00 (includes up to I hour research) b. Extended Research $] 00.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal $250.00 17) COD a. Community Development District $15.000.00 b. Chapter 189 Special District, Independent or Dependent, $] 5.000.00 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) 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 ¡fthe 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 of the Collier County Ordinance No. 91-56, as amended. 2) Application fee will be computed as follows: a. Single family and duplex Uli per sq ft with minimum of $1 00.00 b. Multi-Family & Commercial $.05 per sq ft up to ] 0,000 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 (A/C); CDES Financial Administration, rev 11118/04 msl page ] 0 · Itorn 1'-1,., 1&::.ð.'J December 14. 2004 Page 16 of 42 electrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00. 5) The balance ofthe toté;1.1 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 of less 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 fÌ"action 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 $] .000.000.00 - $2800.00 plus $2.40 per thousand dollars, or fÌ"action thereof, of building valuation in excess of$1.000.000.00. 0) ELECTRICAL PERMIT FEES 1) 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. $.Q.,J2 per ampere rating for switch or circuit whichever is greater, if item #] above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $.Q.,J2 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 11/18/04 msl page 11 Aael1d~ iteM t\lo 16A 2 December 14, 2004 Page 17 of 42 inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES 1) The following fee calculations shall be applied separately when the pennit 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) Institutioni,il facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate ofliJlQ 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 penn it 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 rate of $50.00 for each living unit up to three tons ofair 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 òf components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. CDES Financial Administration, rev 11/18/04 msl page 12 I+ð..... Idð ~c::.^'" .,. December 14, 2004 Page 18 of 42 R) FIRE PREVENTION AND CONTROL PERMIT FEES 1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part ofthis 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 ofthis 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 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 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 1) Construction costs shall be calculated as follows: a. Screen Roof. $2.00 per sq. ft. offioor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. ft. offioor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. ft. offioor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N ofthis Resolution. W) SIGN PERMIT FEES 1) 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 Administration. rev 11118/04 msl page 1 3 Age'ld¡:o Hem 1\10 16A2 December 14, 2004 Page 19 of 42 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 I 0 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 1 0 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 $ I 50.00, 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. $ I 00.00 Z) PERMIT EXTENSION 1) 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 1) The permit fee shall be $50.00 for the demolition of any building or structure. BB) PRE-MOVING INSPECTION FEES I) The fee shall be $150.00 for the pre-moving inspection of any building or structure. CC) INSPECTION FEES I) A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. CDES Financia] Administration, rev 1 ]/18/04 msl page ] 4 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 . !+^~ I"^ ~t:1^') December 14, 2004 Page 20 of 42 DD) REINSPECTlON FEES I) 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 I) 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 pennits 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 I) 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. $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. DH) 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) I f 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 1 ]/18/04 msl page 15 AGenda Item No 16A2 December 14, 2004 Page 21 of 42 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 11 x] 7 inches: $0.15 other sizes at cost of production. f. Microfilm or Blueprint copies: ] 8 X 24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 $5.00 per page g. Community Development self-service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.5 inches.$.QJ2 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 I 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] hour. MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $] 5.00 per year. The subscription year is from Oct. ] through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE 1) A surcharge in the amount of 3% of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $] 50.00, 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) ofthis Schedule. 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 - $]0.00 per day 2) Rental Inspection a. Rental Inspection - $200.00 per unit b. Re-inspection Fee - $50.00 per re-inspection PP) CERTIFICATE TO BOARD BUILDING ]) Initial Boarding Certificate - .$Q 2) Boarding Certificate Extension - $150 CDES Financial Administration, rev III] 8/04 ms] page 16 · !tom 1\.1" 11':..... 'J December 14, 2004 Page 22 of 42 -, QQ) ADDITIONAL FEE REFUND PROVISIONS ]) 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 wil1 prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. RR) REFUND PROVISIONS I) PAYMENT OF FEES: Full payment of fees is required for a complete application. Department policy requires full payment of fees at the time ofapplication submittal. No work will begin on staff review of the application until all fees are paid in full. Iffull payment of fees is not received within ]4 calendar days ofapplication 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 Planning, 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 ITom such notification, there will be no refund of submitted fees. 3) In no cases wil1 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, ] 00 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 wil1 be no additional charge for any meetings requested by CDES staff. TT) PUBLIC VEHICLE FOR HIRE FEES ]) 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 - $.2..Q per vehicle d. Temporary Vehicle Decal- $5 per vehicle CDES Financial Administration, rev 11/18/04 msl page 1 7 ~ _·__.~~m._M__'·__ AOE'nd¡;¡ ItE'fll No 16f. 2 December 14, 2004 Page 23 of 42 e. Driver Identification Card - ~ per driver f. Replacement Identification Card -ill per card g. On-site Vehicle Permitting -ill per vehicle UU)"P A YMENT IN LIEU OF" FEE FOR P A THW A YS (SIDEWALKS, AND BIKE LANES) I) Calculated using the current Florida Department of Transportation (FDOT) construction costs or an engineering estimate not to exceed twenty-five percent (25%) ofthe submitted application request's total project cost. CDES Financial Administration, rev 11/18/04 msl page ] 8 It",m 1\1" 1Ç.fI..'J December 14, 2004 Page 24 of 42 c l~~· II' T c t y Sf, K ø ø ATTACHMENT B STRIKE-THROUGHS AND UNDERLINES COMMUNITY DEVELOPMENT AND SERVICES FEE SCHEDULE COLLIER COUNTY ENVIRONMENTAL BCC Proposed version, December 14, 2004 Contents: A) ADMINISTRATION B) BLASTING PERMITS & INSPECTION ...... C) ENVIRONMENT ALlLANDSCAPING D) EXCA V A TION PERMITS.. E) FIRE CODE REVIEW FEES. .....,.... ..... F) SITE DEVELOPMENT PLANS......... . G) SUBDIVISION.. . H) ENGINEERING INSPECTION FEES.... I) TEMPORARY USE PERMITS .. J) WELL PERMITS/INSPECTIONS .......... K) ZONING/LAND USE PETITIONS L) MISCELLAl'.'EOUS...... . M) BUILDING PERMIT APPLICATION FEE... N) BUILDING PERMIT FEES...... 0) ELECTRICAL PERMIT FEES.. ......,.... . P) PLUMBING PERMIT FEES.. Q) MECHANICAL PERMIT FEES R) FIRE PREVENTION AND CONTROL PERMIT FEES.... .. S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES.. . T) CHICKEES AND SIMILAR STRUCTURES ...... U) POOL OR SPA PERMIT FEES ..... . V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ....... W) SIGN PERMIT FEES ........,.. ....................... ....,................ .................. X) CONVENIENCE PERMIT FEES ...........,.. . .............. . .. . . ............. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS.......... . Z) PERMIT EXTENSION.. .. ..........,.................. AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES... BB) PRE-MOVING INSPECTION FEES.. . .. ........... ... CC) INSPECTION FEES ......... .. . ............. .. DD) REINSPECTION FEES...... EE) F AlLURE TO OBTAIN A PERMIT FF) LICENSING ...... ................... GG)DUPLICATE PERMIT CARDS...... .... ......... HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ....... .. II) PERMIT FEE REFUNDS .............., JJ)-RECORD RETRIEVAL... KK) COPY FEES.. LL) RESEARCH... .................."'.. MM) SUBSCRIPTION SERVICE .... 'I'-<'N) ELECTRONIC DATA CONVERSION SURCHARGE,.. 00) REGISTRATION OF RENTAL DWELLINGS ......... PP) CERTIFICATE TO BOARD BILLING............ QQ) ADDITIONAL FEE REFUND PROVISIONS ... . RR) REFUND PROVISIONS.. .. SS) ADDITIONAL FEE PROVISIONS... .. IT) PUBLIC VEHICLE FOR HIRE FEES.. . UU) "PA YMENT IN LIEU OF" FEE FOR P A THW A YS (SIDEWALKS, AND BIKE LANES)... ... ... . ...2 .",....",..,....... ".,..,....,.,.,. ,."..2 ...3 ...... 3 ."...,..... ....",4 .............. .............4 "....,..'".. ,..,.....", ,.,. .......5 .",...'....".,.,...",."..,.'.... ,.,.6 ......6 .... 7 7_R ................ ...... 9 .10 .....11 ...11 ,....12 ..,.,..'"",.. ",,12 ................... . .......13 ............. 13 ......."..,.... ..13 ..,..13 .....13 ,13 ....14 ..14 ..........14 .14 ................... ....... 14 ...14 15 ..,.. 15 ...15 ..."....",......."..,.,......"....,...15 ................., 15 .............. ................ ..,...."....,..........15 ....16 ....'" 16 ...16 ..."........ .....:16 . ....16 ................ . ..16 ................. ............"....... .......16 ...17 ... 17 .... 17 ..17 " 18 .................... ................,... .............. .. ......................... .......,.............. ................... .. ............... ................... . . ....... ,"...... .................. .................. . . ................,... ............. ... ..................... ......................... . .......,.... ... ............... .. .............. . .................... . ................. .................. .......................... ....................... ..................... . ........................ ..........".. ...... ................ ... . -................ ................... ..................... ..... .... ..... . ................... Proposed fee or wording changes - Underlined Previous fee or wording being changed - Strike-through CDES Financial Administration, rev 11/19/04 msl page I A~E'''d;;J ItE'm No 16A 2 December 14, 2004 Page 25 of 42 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 APPRO V AL 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 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) Interpretation request submitted in conjunction with a land use petition or requested during site development plan review process. $250.00 3) Determination of V ested Rights. $] 00.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination. $]00.00 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 ]) 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 pennit. $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 11119/04 msl page 2 It"m 11.1" 1&::^" .'" December 14, 2004 Page 26 of 42 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, 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 8) Special Treatment Review a. First five acres or Jess. $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. AIl other Environmental or Landscape Permits. 4x normal fee D) EXCA V A TION 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,OOO.00 8) Time Extension. $150.00 plus $200.00 per month inspection fee CDES Financial Administration, rev 11/19/04 msl page 3 .. --....-----.-.--- 9) After-the-fact Excavation Permit. 4x application fee A~e.,d¡¡J ItE''11 f\lo 16A 2 December 14,2004 Page 27 of 42 E) FIRE CODE REVIEW FEES ]) Fire Code Review fees associated with each of the following processes: a. SDP - Site Development Plan b. SDPA - Site Development Plan, Amendment c. SDPI - Site Development Plan, Insubstantial d. SIP - Site Improvement Plan e. SIPI - Site Improvement Plan, Insubstantial f. PSP - Preliminary Subdivision Plans g. PSPA - Preliminary Subdivision Plans, Amendment h. PPL - Plans & Plat, Subdivision 1. FP - Final Plat j. CONSTR - Construction Plans, Subdivision/Utilities k. ICP - Construction Plans, Insubstantial I. DRI - Development of Regional Impact m. DOA - Development Order, Amendment n. PUDZ - Planned Unit Development, Rezone o. PUDA - Planned Unit Development, Amendment p. PDI - Planned Unit Development, Insubstantial q. RZ - Rezone, Regular Zoning r. CU - Conditional Use $200.00 $ 150.00 $100.00 $]50.00 $100.00 $]50.00 $100.00 $100.00 $100.00 $100.00 $]00.00 $200.00 $150.00 $150.00 $150.00 $100.00 $100.00 $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 shaH 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 Insubstantia] 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 5) Site Development Plan Conceptual Review $750.00 CDES Financial Administration, rev J ] /19/04 msl page 4 !tom Id~ ~"'^" December 14, 2004 Page 28 of 42 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 D/U 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 ofthe SOP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part ofthe approved SOP/SIP. 4x the SIP/SOP 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% ofprobabJe 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 $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 (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 nonresidential; (mixed use is residential) CDES Financial Administration, rev 11/19/04 msl page 5 AgE''lda Itç>m 1\'0 16A2 December 14, 2004 Page 29 of 42 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 ofthe 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 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: 1 $I re-inspection $75.00, 2nd re-inspection $100.00, 3rd and thereafter re- inspection $125.00 I) TEMPORARY USE PERMITS 1) Beach Events Permits- a. Individual Permit $100.00 b. Block of25 calendar days $2.250.00 c. Block of 50 calendar days $4500.00 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 11/19/04 msl page 6 · It"", 11.1", 1e::^.., December 14, 2004 Page 30 of 42 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 10) Fees for Temporary Use permits issued After the Fact, A TF: 2x normal fee J) WELL PERMITSIINSPECTlONS 1) Hydraulic elevator shaft permit $300.00 2) Test hole pennit (including 1st six holes) $300.00, each additional hole $20.00 3) Well permit (abandonment) $50.00 4) WeB permit (construction, repair, or combined construction and abandonment at one site) $300.00 5) WeB permit (monitoring) $150.00 6) WeB Permit (modification of monitor/test weB 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 weB penn its 4x normal fee per violation. NOTE: Multiple weBs may be allowed on one permit, but each weB must be accounted for and the appropriate fee shaB be charged for each well in accordance with the above listed schedule. K) ZONING/LAND USE PETITIONS 1) 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 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. 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) DRl Review (1n addition to cost of rezone) $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 10) Flood Variance Petition $1000.00 11) Interim Agriculture Use Petition $350.00 CDES Financial Administration, rev 11/19/04 msl page 7 AOE''ld:i:1 Item No 16112 December 14, 2004 Page 31 of 42 12) Non-Conforming Use Changel AJteration $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-certifi ed 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 Zoning/Land Use Petitions 2x the normal petition fee 30) Land Use Petition Continuances a. Requested after petition has been advertised $500.00 b. Requested at the meeting $750.00 c. ResuJtant additional required advertising charged in addition to continuance fees. 31) PUD Monitoring Fee (one-time charge at time of building permit pick-up) a. $75.00 per dwelling unit for residential construction within a PUD, ($3.000.00 maximum fee ver buildin!! Dermit avolication) b. $0.10 per square foot for non-residential construction commercial or indu~trial cOHstruction within a PUD, ($2.000.00 maximum fee Der buildin!! Dermit aDDlication) 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. CDES Financial Administration, rev ¡ 1/19/04 msl page 8 It",rn 11.1" 11:'./\ ') 'w December 14,2004 Page 32 of 42 33) Administrative Review (minor changes to PUD Master Plan) $1.000.00 L) MISCELLANEOUS 1) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports. UQ 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 ofthe 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 of regular standard reports shaH 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: ~f1oppy disk: $.50 8)Complete sets of Official Zoning Atlas Map Sheets $100.00 per set. 9)Photocopies of documents less than II x 17 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 + iQ.Jl for every record over 1500 11) Comprehensive Plan Consistency Review a. CU's $300.00 b. Rezonings $750.00 c. Pud's or PUD Amendments: $2250.00 d. Letter ofGMP 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 foHowing 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 wi1\ 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 Y2 hour per staff member. CDES Financial Administration, rev 11/19/04 msl page 9 AgE''ldf1 ItE'ITJ No 16A2 December 14,2004 Page 33 of 42 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 Y2 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 pennit 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 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 TDR, $250 (non-refundable);plus $25 per TOR 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 APPLlCA nON 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 penn it fee. The applicant shall forfeit the application fee ¡fthe application is denied or if the application is approved and the penn it 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 $100.00 b. Multi-Family & Commercial .till. 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 (A/C); CDES Financial Administration. rev 11/]9/04 msl page 10 ^ -. I.~~ ~I~ 1 &:;'h. ') December 14, 2004 Page 34 of 42 electrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00. 5) The balance ofthe total permit fee will be collected at the time of issuance ofthe permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES 1) The fee for a building pennit 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 of less 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 $1.000.000.00. 0) ELECTRICAL PERMIT FEES 1) 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. iQ,12 per ampere rating for switch or circuit whichever is greater, ifitem # 1 above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at iQJ2 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 11/19/04 msl page II AOE"tlda Ite'1' No 16A2 December 14, 2004 Page 35 of 42 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$1 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$3.00 per 425 square feet of floor area, or fraction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate of$lQQ 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 shall be $3.00 per ton. b. Nonresidential occupancies: The mechanical permit fees shall be computed by one ofthe 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 11119/04 msl page 12 · I+~~ I\I~ 1 Pot.? December 14, 2004 Page 36 of 42 R) FIRE PREVENTION AND CONTROL PERMIT FEES 1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part ofthis 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. 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 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, orfraction 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 1) 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 rooffee will then be calculated in accordance with Section N of this Resolution. W) SIGN PERMIT FEES 1) 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 Administration, rev 11/19/04 msl page 1 3 Aoenda !tern 1\10 16A? December 14, 2004 Page 37 of 42 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one penn it, 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 I) Convenience permits are issued in blocks of 10 each. Only I icensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of I 0 convenience permits is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS I) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after pennit 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 $ I 00.00, whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost ofreviewing existing or amended building plans to determine and verifÿ code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES ì) The permit fee shall be $50.00 for the demolition of any building ûi structürc. BB) PRE-MOVING INSPECTION FEES I) The fee shall be $150.00 for the pre-moving inspection of any building or structure. CC) INSPECTION FEES I) A charge of$20.00 per inspection shall be assessed for inspections for which a penn it is not necessary. CDES Financial Administration, rev 11/19/04 msl page 14 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 , 1.~~"1~1~1'!.,) December 14, 2004 Page 38 of 42 DD) REINSPECTlON FEES I) Re-inspections for any type of building permit, or required Engineering re-inspections, shaH 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 shaH 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 shaH 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 I) The fee for licensing items is as foHows: a. Letters of Reciprocity. $3.00 b. Contractors Change of Status. $10.00 c. V oluntary Registration of State Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating $1.00 (per license) GG) DUPLICATE PERMIT CARDS 1) The fee shaH be $5.00 for the issuance of a duplicate permit card for whatever reason. 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) Ifrequested, 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 1 ]/19/04 msl page ] 5 December 14, 2004 Page 39 of 42 JJ)RECORD RETRIEVAL I) No charge for retrieving records tram inactive or remote storage including microfilmed documents KK) COPY FEES I) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than II x 17 inches: $QJ2 other sizes at cost of production. f. Microfilm or Blueprint copies: 18 X 24 ~ 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 i.QJ2 per page inclusive of sales tax. LL) RESEARCH I) 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 I 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 ofthe 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. I through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE I) A surcharge in the amount of 3% ofthe building permit appJication 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) ofthis 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 - $50.00 per re-inspection PP) CERTIFICATE TO BOARD BUILDING 1) Initial Boarding Certificate - .$.Q 2) Boarding Certificate Extension - $150 CDES Financial Administration, rev 11/19/04 msJ page 1 6 It",,,,, 1\1" 1&::^'> December 14,2004 Page 40 of 42 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, if applicable, 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. Iffull 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 Planning, 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. S5) 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 EnvironmentaJ 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 - lli per vehicle d. Temporary Vehicle DecaJ -ll per vehicle CDES Financial Administration, rev] II] 9/04 msl page ] 7 AGenda HE'm 1\10 16,.2 December 14, 2004 Page 41 of 42 e. Driver Identification Card - $50 per driver f. Replacement Identification Card -ll..Q per card g. On-site Vehicle Pennitting -ill per vehicle UU)"PAYMENT IN LIEU OF" FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES) ]) 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] 1119104 msl page ] 8 N'<tN <{O'<t (00_ ...-NO o '<t-N Z.,.-'<t ....C!> EQ}OJ C!>.c ro :::::ED.. roQ) -0(,) c:C!> Q}o OJ <{ .i ï¡¡ ::I ª .. -6 .... o ... .. ,.Q e ::I - = "" .. ~~ = .E ::I ... o ¡o; .. ;:: .. CI: è ~ .. ~ .. ~ e ::I e '¡:; .. e .. .... ~ .E = ï: .E ,: o - = .. .c '" ... .;: .. 011 - = 0 .: 5 UCI: c .g '" " '" " "3 ." " ..c '" '" " " ... ." ~ o o P: c o '':: u " '" " :g " ..c '" '" " ... "- II) :: o ;: " P: "" ~ ~il §-~ ~ó .~~ .- '" § = ~:f3 gp .~ :§ § .; ".;:: ;;: 2 o v; 11) = ~ .§ 8 § - "¡ (i5 .~ .~ ~ ~ ê: Þ3:=! '" -8 ~ Q) '- "§ .~ ~ ~ ~ c OJ) ! ~~ Q).5 ] ~~..c e.o ~ t c"O c::.. .¡: .... ru o 11) 11) ... c.."" ! ~I ~ ;:) .~ ~ cd E ;;;: "" ~ Q: :: ~ u ,5. ... ê 11) c.. e.o = :§ 5 ..0 .... o u ,§ 1;:; '" CD Þ3 -= u 11) ,~ u = ~ u u t:1.. .~ .9 ,: o :E o ;:) "'" o :::J "'" ... I: £ .~ ,: ::I e.o :.§ .. ~ "0 ~ " c.. ~I «Ì = ,~ .. ~ .. ~ e :0 e '¡:; .. e ... -= .~ ,: .~ '" = ~ = o '" :3 :: .. "0 .¡¡; .. '; = o = ... .;: "0 .. '" o ~ ... = ... .~ 0 .. '" .. '= ï:: = .. .. 0'5 ... "'';: ~; = '" .. .. .:: .. UCI: c .9 Ü " '" ... "3 ." " ..c u '" " " ... ..." ~ o o P: c .g '" " '" " :; ." .,g u '" " " ... ~ o '¡; ... P: "" ~ ;;;: '" ~ J c.. '-' 7ei -"'"", .~s:: ... ... ï§.5 ~-:S ~.~ = = "Õ .9 ~g .::~ o = u 0 ~ § ~ Õ -::: "-=-"¡ '-" .~ ~.g õ. ~.~ fij- ~ c -§ § g " ... .... c.. tU ~ OJ) c... = ~g:§ v c.¡=. "3 ~~~ 011 :: " = C" c.. .~ V' 0 .8Qj~ ~;I ~ o ~'~ :::J , ..... p.....o= Q: ::I ~ u õ.. ... ê " c.. e.o = :§ '5 ..0 .... o 0) .§ 1;:; u CD Þ3 -= u " .~ " = ~ " u t:1.. CD .5 .9 ,: o :E o :::J "'" .!!ëñ~ .gEe OJ . N ..c:r:N ~<:~ OJu..~ OJ ~ - "C Q) 1ü "C C. ::> (f) W CI (,) Q) :5 B II) Q) Of C '" ..c u "C OJ UI o c. 1'1 c. Õ <=' '" E E ::> (f) (,) c '" E ..c '" '" = « o :::J p... ... = :s .~ = .g u .; '" = o u ~ :: "0 ,5 C; õ! "B " 8 8 o u ... <2 .- o <2 " Þ3 :: ;;r .... " Co ~ .r, __.m Agenda Item No. 16A3 December 14, 2004 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve the application for the Property Tax Stimulus Program, Advanced Broadband Infrastructure Investment Program and the Job Creation Investment Program by Advocate Aircraft Taxation Company OBJECTWE: Approval of the application by Advocate Aircraft Taxation Company for the Property Tax Stimulus Program, Advanced Broadband Infrastructure Investment Program and the Job Creation Investment Program. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordìnance No. 2003-59 establishing the Advanced Broadband Infrastructure Investment Program, Ordinance No. 2003-60 establishing the Job Creation Investment Program and Ordìnance No. 2003-62, establishing the Property Tax Stimulus Program. These programs are available to targeted high-wage companies that desire to relocate or expand within specified areas of Collier County and are designed to reduce the economic effects of increased development fees as well as relocation and/or expansion costs. The Programs have specific eligibility requirements including the number of full-time jobs to be created and retained, the average wage of the jobs, timing of the jobs being in place and the type of business being proposed. ~ Advocate Aircraft Taxation Company provides "aviation consulting relating to liability control including contractual and equity restructuring insurance and financial services to the aviation industry." Advocate Aircraft submitted an application to be considered for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Property Tax Stimulus Program on November 10, 2004. Advocate Aircraft intends to totally relocate their business from their existing location in Indìanapolis, Indiana to the Horseshoe Park of Commerce in Naples, Florida. This relocation will allow them to also expand their business by a minimum of sixty (60) additional positions. Mr. Mark J. Wright, Chief Operation Officer of Advocate Aircraft Taxation Company indicated in his correspondence with the Economic Development Council (attached) that "...The State of Indiana offers competitive incentives such as the Economic Development for a Growing Economy (EDGE) Credits, that can be an incentive for the company to maintain its location there. Without the incentives, Advocate Aircraft Taxation will have to debate its decision to relocate their corporate headquarters to Collier County, Florida. " Advocate Aircraft Taxation Company proposes to create sixty (60) new jobs by December 31, 2007, in Collier County at an average wage of $62,000. The company is also proposing an initial capital investment of approximately $800,000. The current value of the property and improvements is approximately $6.6 million, which considers the existing 70,000 square foot building. Advocate Aircraft proposes to lease 36,000 square feet of space and invest approximately $800,000 in renovations to the space. Upon completion of proposed renovations, the taxable value of the property may increase. Based upon the above commitments, the company is eligible for $60,000 in Collier County Job Creation Investment Program funds, to be paid in equal payments over three consecutive years following creation and retention of the jobs. Advocate Aircraft Taxation Company is also ,-.' .;,.,....~'..._I---'-·· Advocate Aircraft Page 2 Agenda Item No. 16A3 December 14,2004 Page 2 of 12 applying for the Qualified Target Industry Tax Refund Program through the State of Florida and Economic Development Council. The County portion of the ad valorem property taxes associated with Advocate Aircraft's request is estimated at àpproximately $14,040 per year. This is based upon the 36,000 square feet that will be occupied by the company. Advocate Aircraft is responsible for the corresponding ad valorem property taxes for the square footage they wì1l occupy. The actual dollar amount of the Property Tax Stimulus incentive award wìl1 be calculated after the participating company has paid its ad valorem taxes in full. Payment to Advocate Aircraft will be made only after the required jobs are in place and written notice is made to the County requesting an authorized payment equal to the amount of the County portion of the property's ad valorem taxes. This request, with the accompanying job creation confirmations, may be made annually for a period up to ten (10) years. Advocate Aircraft has also requested to participate in the Advanced Broadband Infrastructure Investment Program. The program is available to local companies either constructing a new building or renovating an existing non-residential building and upgrading it to be a "smart building", facilitating the installation of advanced broadband technology. The applicant has requested $25,000 of incentive funds, to be paid in equal amounts of no more than $8,400 per year over three years. Following the installation of the system, the participating company may request the first of the authorized incentive payments. ,""'-"" Staff will prepare the Job Creation Investment Program Agreement, the Advanced Broadband Infrastructure Investment Program Agreement and the Property Tax Stimulus Program Agreement, and each wì1l be reviewed by the County Attorney's Office for legal sufficiency. The approved agreements will be signed by a designee from Advocate Aircraft Taxation Company and by the County Manager on behalf of Col1ìer County and will be recorded in the Official Records of Col1ìer County. Advocate Aircraft Taxation Company meets an of the Advanced Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003-59 in Code of Laws Chapter 49, Article V, the Job Creation Investment Program requirements set forth by Ordinance No. 2003-60 in Code of Laws , Chapter 49, Article III and the Property Tax Stimulus Program requirements set forth by Ordinance No. 2003-62 in Code of Laws Chapter 49, Article IV, as a Targeted Industry relocating to Col1ìer County. Therefore, approval of this application wì1l help to promote the creation and retention of high wage jobs in Col1ìer County. FISCAL IMPACT: ::::::> Job Creation: The applicant has requested $60,000 of Job Creation Investment incentive funds to be paid in equal amounts over three years at the rate of $1,000 per newly created job to be in place on or before December 31, 2007. Following creation of the specified jobs, the Company may submit a Request for Funds to the County Manager to be paid at the beginning of the County's fiscal year following the date that the newly created jobs are verified to be in place. General Fund revenue was specifically budgeted for the adopted economic incentives and thereby funds the Job Creation Investment Program. ,..-'" Advocate Aircraft Page 3 Agenda Item No. 16A3 December 14,2004 Page 3 of 12 :::::> ProÐertv Tax Stimulus: The estimated incentive award associated with the Property Tax Stimulus Program is approximately $14,040 per year and may be requested annually for up to ten (10) years. This dollar amount is based upon an improved property value of $3.4 million for the 36,000 square feet that the applicant will occupy, which may increase annually based upon the appraised value of the portion of the subject property. The dollar amount of incentive award for the first year will be detennined after the participating company has paid its ad valorem taxes in full and has filed their application for reimbursement of the County portion of the taxes. Payments for subsequent years will be detennined by using the same methodology. Advocate Aircraft is eligible for Property Tax Stimulus Program funds in an amount not to exceed the County portion of the ad valorem property taxes associated with the subject property, and the request may be made annually for a period of ten (10) years. Additionally, all of the Program requirements must be met and maintained in order for the applicant to qualify for a reimbursement. Advocate Aircraft also proposes to invest approximately $1 million in equipment at their new location. This investment is estimated to generate an additional $3,877 annually in tangible personal property taxes. The applicant is not eligible for the reimbursement the tangible personal property taxes, however such payments are a direct economic benefit to Collier County as a result of the relocation of the company. ,_. :::::> Broadband Infrastructure: The applicant has requested $25,000 of incentive funds, to be paid in equal amounts of no more than $8,400 per year over three years. Following the installation of the system, the participating company may request the first of the authorized incentive payments. The company mU&'Í submit copies of the invoices detailing the cost of the installation along with the request. Additionally, the participating company must pay their annual ad valorem property taxes to the County, in full, prior to a request for payment. The initial capital investment related to this project is estimated to be $800,000. In addition, the creation of the sixty (60) new jobs generates a local payroll of approximately $3,720,000 annually. The Financial Administration and Housing Department has responsibility for job verification as well as monitoring program compliance. GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." RECOMMENDATION: That the Board of County Commissioners approve the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Property Tax Stimulus Program by Advocate Aircraft Taxation Company. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES _.. Item Number Item Summary Meeting Date Agenda Item No. 1f:,A3 December 14, 2004 Pagr:14 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M3 Recornmendatior'l to approve the appi'!calion tor the Property Tax Stimulus Program, Ad',anç~d Broadband InfrastnJdure Inves1ment Program and t~)(!: Job CreatIon Investment Program by Advocate Airc.raft Taxation Company 12il~!2004 900,00 AM Pn"_p3roed By Itupad F~~E! M;JI)~!JIH 11/23/2004 4;3S:3Q PM Amy P~Ut!n.'m Community DC'VÐlopment & Environmenta! $ervìces. Dute Hn...nr..i~J Admin, .\ How>Ín9 D~nton Baker Financial Admin &. Housing Director Date Approved By GomfTIlJrtlly Dmr,ejo )f'lf!nt & bl\lirl;mrnental $¡?fVU;(!'S Fllundal Admin. &. Hou:s.iny 11/24/20043:39 PM COtlf.tance A. Johns.ol1 Date Approved By Comrnunity [)C'\I(! Clprn(~l1l" Envircnmcnt31 ServÍ<:,es Operaticns An;alYf;t C!>Iwnunlly OevelOf)fnmnt &. bn/lrDnmen1al Services Admin. 11tl4l200<4. 3:45 PM Jo~eph K. Schmitt Date Approved By Community Development & En'Jirot(rm!'llti.ll S(!'vil;E~!; C¡:unrnunity Development & Envim"nuwt,,1 5el"¡ices Admin~lrj ltol" Community O&velopment &. EnvimHmtmtai SI.",viçe!; ¡.'dmi¡~. 11í2412004 7:04 PM OMS Coordinator Administrative Assis.tant Date App."oved B:y County ManoitgM'¡; 011\1;(": Offi<:e of Man~gem(tn1 8< Bl d~let 12I2J2004 10:51 AM Mark Isack!:>Dr) BudgE!t Analyst Daù! Appl'oved By County Manager's Off¡c~ Offke 01 Managemtont & Budget 121312004 11 :27 AM Mich<lt! Srnyknwski M<1n;;¡~t!nmrl1 & Etud Jd Dir~l~hH (bit! Approved By Cllllnty Mana!J",r's, 01fk.~ Offj¡;l~ (>f Mar¡¡¡~~!rnl!'l)t &. BI jfg~t 'l2!Gi:l004 8:22 AM Jam(!!> V. Mudd County Manager Date Approved By BCMrd ot C;( Un1y Commis'ioioners C:(I~IIII'y MaUa!lEH~! ' Offk.I> 1217120048:38 AM Agenda Item No. 16A3 December 14,2004 Page 5 of 12 ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY NAPLES, FLORIDA EVERGLADES CITY . GOLDEN GATE IMMOKALEE . MARCO ISLAND COLLIER COUNTY ECONOMIC STIMULUS PROGRAM ApPLICATION for Expanding or New Businesses ADVOCATE AIRCRAFT TAXATION COMPANY Name of Business RELOCATION OF HEADQUARTERS TO NAPLES Project Title (1-5 word description) ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263-8989· FAX (239) 263-6021 www.eNaplesFlorida.com . EDÇ';official'use: J~Qçatlon: P'OEnterprise,Zone :1~mOkalee [J ",X~ Targ~tedlnd~~ry-Hjghlmpact Zone ~"'.' I I \- Agenda Item No. 16A3 December 14,2004 Page 6 of 12 ECONOMIC DEVELOPMENT COUNOL OF COLliER COUNTY NAPLES, FLORIDA EVERGLADES CITY, GOLDEN GATE !MMOKALE: . !v\ARCO ISLAND COLLIER COUNTY ECONOMIC STIMULUS PROGRAM ApPLICATION for Expanding or New Businesses ADVOCATE AIRCRAFT TAXATION COMPANY Name of Business RELOCATION OF HEADQUARTERS TO NAPLES Project Titte (1-5 word description) ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263-8989· FAX (239) 263·6021 www.eNaplesFlorida.com Ëbe4fficial :use: "Loc<atJQn: ' " 0 Ent~rpriseZone . Imm()kalee I~]T aÌg~ted Indu~rY "'Hi~h:lmpa<:t Zone ).':,:<tt;;;': . _'~M"""""____~_"_ Agenda Item No. 16A3 December 14, 2004 Page 7 of 12 Eme!2Yer Identification BUSiNESS INFORMATION: 1. a) Name of Business Unit: Advocate Aircraft Taxation Company b) Mailing Address: 9229 Delegates Row, Suite 245, Indianapolis, IN 46240 c) Name of Parent Company (if applicable): d) Primary business unit contact: Name: Mark J. Wright Title: Chief Operating Officer Company: Advocate Aircraft Taxation Company Address: 9229 Delegates Row. Suite 245. Indianapolis. IN 46240 Phone: 317-581-4077 Fax' 317-581-4071 EmaiJ: markw@advocatetax.com Website: www.advocatetax.com e) Business unit's federal employer identification number: 35-2064453 f) Business unit's unemployment compensation identification number: pending g) Business unit's Florida sales tax registration number: pending h) Business unit's Collier County occupational license number: 041370 i) List NAtCS codes of all activities of the business unit:541990 Targeted Industry: Corporate HeadQuarters of Accounting. LeQal and other professional sérvices j) Describe the business unit's primary business activities/function: Aviation business, regulatory, and tax consulting 2. a) Is the business unit minority owned: YES ~ NO b) If YES, explain: 3. Business unit's tax year (example: Jan. 1 - Dec. 31): 12131 Project Identification/l nformation 4. a) Is the business unit (please choose one): ::J a new business unit to Collier County ?9 an expansion of an existing Collier County business unit b) If an expansion, how many COLLIER COUNTY employees are currently in the expanding business unit'? 1 Existing CoWer County employees cannot be ìncJuded for consideration in certain incentive awards. Effective 08101104 Page 2 of? ,,-f!! _.",,,,~'.;. .."...--- Agenda Item No. 16A3 December 14,2004 Page 8 of 12 c) How many individuals are employed in ALL Florida locations? 1 d) How many individuals are employed in ALL domestic and international locations? 32 5. Full project description: Transfer existina headauarters from Indianapolis, Indiana to Naples operation. Expand service line to aviation consulting relating to liability control including contractual and entity restructurin9 insurance and financial services to aviation industry. 6. Check the appropriate box and complete the line item: Project's current location address: ¡x: 9229 Delegates Row, Suite 245, Indianapolis, IN 46240 Project's proposed location address: Pending upon approval of incentives 7. a) Located on Brownfield Site or in a Brownfield Area? YES [!1 NO (If YES, please attach a copy of the" official document that designated this area as a brownfield area.) b) Will project be locating or expanding in an Enterprise Zone? 0 YES If YES, which Zone: Olmmokalee U Everglades City íJC NO 1- 8. Please check the box that best defines your project. Answer a) AND b), If applicable: a) L~ Multi-state business enterprise Multi-national business enterprise b} [~] Regional headquarters office National headquarters office International headquarters office 9. Please estimate percentage of gross receipts or final sales resulting from this project that will be made outside of Collier County: 95 % outside of Florida: 90 % 10. Project employment and wages: a) Total number of net, new full-time equivalent Collier County jobs created by the project at the business unit indicated above: 60 b) Are any employees being transferred from another Florida location? If YES, how many and from where? YES i~ NO 11. a) Anticiøated annualized average wage (not including benefits) of the new to Collier County jobs created by the project at the business unit: $ 62.000 (Cash performance bonuses and other cash payments to the employees, such as overtime, should be included. The anticipated wage reported here is only an estimate of the average wage to be paid. The wage Indicated in response to an Incentive attachment, if applicable, will be used in the certification, agreement, and claim evaluation process.) b) Annualized average value of benefits associated with each new job created by the project at the business unit: $ 9.000 Effectìve 08101/04 Page 3 of 7 ... «'~_.~;~~:= ...._.......,<~,~,..... ~-....,'-- --->"., .,," -, ...----.------ Agenda Item No. 16A3 December 14, 2004 Page90f12 c) If jobs are to be phased in, provide the date when each phase of employment will be fully implemented: (Please limit the phases to no more than three consecutive years, and job creation to no less than ten jobs in .any given year.) Number of net, new full-time I Date by which those jobs Phase equivalent Collier County jobs will be created created in business unit I 20 12/31/05 II 15 12/31/06 III 25 12/31/07 TOTAL 60 12. a) Describe the capital investment in real and personal property: (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not include the value of land purchased for construction of a new building.) Construction of new facility b} List the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ ° land (if applicable) Amount $ 800,000.00 Construction/Renovations Amount $ 0 Manufacturing Equipment Amount $ 1,000,000.00 Other Equipment Total $ 1,800,000.00 c) Estimated square feet of new or newly expanded facility: 36,000 sq ft 13. Anticipated date of beginning of construction for this project: December 2004 14. Anticipated date project will be in operation: Auaust 2005 15. Project Information: Architect Firm: TeD Architect: Engineering Firm: TeD Engineer: Contractor: TBD Contractor: Phone: Phone: Phone: Email: Email: Email: Fax; Fax: Fax: Effective 08101104 Page 4 of 7 .-J!f _......."··'..A."'..·"".. --,~_.,..^,.> Agenda Item No. 16A3 December 14, 2004 Page10of12 Project Impact Information 16. What role will the Incentive (or incentives) play in the decision of the applicant to locate or expand in Collier County? (If there are other states/communities competing for this project, please Ust which statesJcommunities and what incentives are being offered by those states/communities.) The incentives will help defray cost and encourage the relocation of the corporate headquarters to Co!lìer County. The cost of doing business in CoUìer County u quite high. For instance, tire estimated impact fees to build a new facility 006,000 sq. ft. for office use is close to $500,000. Additionally, the cost of living is higherín Naples, the employees compensation wíJl have to increase and because the practice is national, there is no opportunity to raise fees to recapture the incremental cost. The State ofIndiana offers competitive incentives such as the Economic Development For a growing Economy (EDGE) Credits, that can be an incentive for the company to maintain its location there. Without the incentives, Advocate Aircraft Taxation \vill have to debate its the decision to relocatc their corporate headquarters to Collier County, Florida. 11. a) Provide a brief review of the applicant's past activities in Collier County and in other states, particularly as they relate to environmental and growth management impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been?) The company is currently located in Indianapolis, IN. and is housed at a leased space. They have had no projects that impact either the environment or growth management. This planned project is for office space in an area that is already zoned for such uses, so no negative impact on environment or growth management p1ans. b) Describe any criminal or civil fines, or penalties, and any awards. None. Effective 08/01/04 Page 5 of7 ,~-- _',_.,.-"'. '-,.1""_ ~___,_~,._'H_'__ Agenda Item No. 16A3 December 14,2004 Page 11 of 12 Requirements Fast Track Permitting Program: The Fast Track application must be completed in fuH before consideration is given. Statements on the Fast Track Application must be accurate and verifiable. The Economic Development Council of Collier County (EDC) reviews the application. If approved, the EDC sends a copy to the appropriate County staff. This application must be on file with the county offices prior to the scheduling of any pre- application permit reviews or Site Development Plan submissions. The Fast Track Permitting Program requires a pre-application meeting with the Collier County Staff prior to document submission. This meeting is scheduled by the Economic Development Council of Collier County in cooperation with the Engineer of Record. Upon release of plans by the County, the permit must be picked up within 10 business days of approval. This application must be filed prior to making the decision to locate a new business unit in Collier County, or to expand an existing Collier County business unit. Effective 08/01/04 Page 6 of 7 .._~ ~..,......,y., ,~..' ,." ---." -" ~'.", Agenda Item No. 16A3 December 14,2004 Page 12 of 12 Application completed By: To the beat of my knoWledge, 1M infonnation included in this application is accurate. . ?1~~ Mark J. Wright (Print or Type Name) Louie M. Meinens. Jr. (Print or Type Name of Authorized Officer) C.O.O. (Print or Type Tittet President (Print or Type Title of Authorized offiCer) Advocat. Aircraft Taxation company (Company) Advocate Aircraft Taxation company (Company) 800-787-8112 (Phone Number) 800-787-8112 (Phone Number) 317-681-4071 (FlU( Number) 317.1-4071 (Fax Number) ma~dvoca..tax.com (E-mail Address) loum@advoc:atètax.com (E--mall Addreee) 8121/04 (oate) 8/27104 (Date) Julie Wintltrs (Contact PeNOn, If different) jUlillr.!advocatetax-com (E-mail ddresa, ß'dl1'feNnt) (Add....s, if different) (Phone Number, if diffetent) Effec:tìve 00101 f04 Page 7 of7 -III ~~ S8/80 :Ðï1d :)NU lnSNOO 31 \;f.JOAQV tL0Þt8SLtE 1~:St Þ0ßZ/Ll/80 -"~--~-_._>_._-- ......-""""",.--""'--.-"""- Agenda Item No. 16A4 December 14, 2004 Page 1 of 12 - EXECUTIVE SUMMARY Approval of the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment· Program and the Fee Payment Assistance Program by Guadalupe Center, Incorporated and provide for the waiver to pay the upfront fifty-percent of the estimated Transportation Impact Fees at Final Site Development Plan approval, but instead pay aU impact fees, in full, at issuance of the Building Permit through the Fee Payment Assistance Deferral Agreement OBJECTIVE: To approve the application by Guadalupe Center, Incorporated for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program and waive the obligation to pay the upfront fifty-percent payment of estimated Transportation Impact Fees at Final Site Development Plan approval but instead require the payment of all impact fees, in full, at issuance of the Building Pennit through the Fee Payment Assistance Deferral Agreement. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordinance No. 2003-59 establishing the Advanced Broadband Infrastructure Investment Program, Ordinance No. 2003-60 establishing the Job Creation Investment Program and Ordinance No. 2003-61 establishing the Fee Payment Assistance Program. These programs are available to targeted high-wage companies that desire to relocate or expand within specified areas of Collier County and are designed to reduce the economic effects of increased development fees as well as relocation and/or expansion costs. The Programs have specific eligibility requirements including the number of full-time jobs to be ,-- created and retained, the average wage of the jobs, timing of the jobs being in place and the type of business being proposed. The Guadalupe Center, Incorporated is a 501 3 (c) corporation (non-profit) that serves the citizens of the Immokalee Community. On November 5, 2004 Guadalupe Center submitted an application to be considered for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program. The Center's primary activities include, but are not limited to, pre-school, after-school tutoring, adult education, a soup kitchen and shower facilities in Immokalee. Mr. Stanley Boynton, President of Guadalupe Center, Inc., indicated in his correspondence with the Economic Development Council (attached) that " ...It is of vital importance to the Guadalupe Center to receive the incentives through the Economic Stimulus Program in order to continue with our expansion plans. as well as to continue serving the community needs. For every dollar received through the incentive program, it is one less dollar that we need to request from our donors in order to provide all of the above-listed services." Guadalupe Center, Inc. proposes to create twenty-five (25) new jobs in Collier County by December 31, 2007 at an average wage of $17,845. The company is also proposing an initial capital investment of approximately $3,118,000. Based upon the above commitments, the Center is eligible for $75,000 in Collier County Job Creation Investment Program funds to be paid over three consecutive years following creation of the jobs. Guadalupe Center, Inc. has also requested to participate in the Advanced Broadband Infrastructure Investment Program. The program is available to local companies either constructing a new building or renovating an existing non-residential building and upgrading it to be a "smart building", facilitating ~ ~,,_..<""," .."," "_"",_""",~_""...~,_.",rt·".";,""",,",,,,,,_, <''<''''".",.".', """""H'~"',-",,,,," ".... ".,.".,,, ""_"'"_"'_""""'~,,","1""~"'"" .,. Agenda Item No. 16A4 December 14, 2004 Guadalupe Center, Inc. Page 2 of 12 Page 2 the installation of advanced broadband technology. The applicant has requested $25,000 of incentive funds, to be paid in equal amounts of no more than $8,400 per year, over three years. Following the installation of the system, the participating company may request the first of the authorized incentive payments. The impact fees associated with the proposed development total an estimated $107,895. Therefore, Guadalupe Center, Inc. is eligible for Fee Payment Assistance Program funds not to exceed the dollar amount of the impact fees associated with the project. The final impact fee calculation will be completed upon application for a building permit for the proposed development. Included within the provisions of the Fee Payment assistance Program, for companies located within the Immokalee Community Redevelopment Area, is the use of 50% of the tax increment financing (TIF) funds associated to the qualifying development as a partial funding source for the Fee Payment Assistance Program. However, the Guadalupe Center is a non-profit, tax-exempt corporation and does not pay property taxes. Therefore, TIP funds will not be utilized as a funding source for this request. This incentive award will be funded by General Fund revenue that was specifically budgeted for the adopted Fee Payment Assistance Program. - Additionally, staff recommends the Board of County Commissioners waive the obligation to pay the upfÌ'ont fifty-percent payment of estimated Transportation Impact Fees at Final Site Development Plan, as required by the Collier County Land Development Code, Section 3.15, as amended, because the applicant will be executing a deferral agreement with Collier County that will stand in lieu of the payment of the impact fees, at the issuance of the Building Permit. If the fifty-percent were to be paid at the time of SDP approval, this same amount would have to be returned to them at the time of execution of the impact fee deferral agreement. This arrangement is particularly financially onerous for a not-for-profit organization as the Guadalupe Center. Staff will prepare the Job Creation Investment Program Agreement, the Advanced Broadband InfÌ'astructure Investment Program Agreement and the Fee Payment Assistance Program Agreement, and each will be reviewed by the County Attorney's Office for legal sufficiency. The approved agreements will be signed by a designee fÌ'om Guadalupe Center, Inc. and by the County Manager on behalf of Collier County and will be recorded in the Official Records of Collier County. Guadalupe Center, Inc. meets all of the Advanced Broadband InfÏ'astructure Investment Program requirements set forth by Ordinance No. 2003-59 in Code of Laws Chapter 49, Article V, the Job Creation Investment Program requirements set forth by Ordinance No. 2003-60 in Code of Laws Chapter 49, Article III and the Fee Payment Assistance Program requirements set forth by Ordinance No. 2003-61 in Code of Laws Chapter 49, Article II, as a Targeted Industry expanding within Collier County. Therefore, approval of this application will help to promote the creation and retention of jobs in Collier County. FISCAL IMPACT: ::::> Job Creation: The applicant has requested $75,000 of Job Creation Investment incentive funds, to be paid over three years at the rate of $3,000 per newly created job, to be in place on or before December 31, 2007. Following creation of the specified jobs, the Company may submit a Request for Funds to the County Manager to be paid at the beginning of the County's Guadalupe Center, Inc. Page 3 Agenda Item No. 16A4 Decembet-14,2004 Page 3 of 12 fiscal year following the date that the newly created jobs are verified to be in place. General Fund revenue was specifically budgeted for the adopted economic incentives, and thereby funds the Job Creation Investment Program. => Broadband Infrastructure: The applicant has requested $25,000 of incentive funds, to be paid in equal amounts of no more than $8,400 per year, over three years. Following the installation of the system, the participating company may request the first of the authorized incentive payments. The company must submit copies of the invoices detailing the cost of the installation along with the request. Additionally, the participating company must pay their annual ad valorem property taxes to the County, in full, prior to a request for payment. => Fee Pavment Assistance: The estimated impact fees associated with the proposed development equal approximately $107,895, however, the final dollar amount of impact fees will not be calculated until the Building Pennit application is submitted. Guadalupe Center, Inc. is eligible for Fee Payment Assistance funds in an amount not to exceed the impact fees due and payable for the proposed development. The Fee Payment Assistance Agreement will stand in lieu of the payment of impact fees at the issuance of the building permit for the proposed development. Concurrently, a lien will be placed on the subject property for the dollar amount of the impact fees, which will remain on the property for the tenn of the agreement. At the conclusion of the agreement, if all requirements are met, the lien will then be released from the subject property. If at any time during the tenn of the agreement the non- County party is not in compliance with the tenns and requirements set forth by the agreement, they may be found in default and subject to default provisions set forth in Ordinance No. 2003- 61. Additionally, TIF funds will not be utilized as a funding source for this request. This incentive award will be funded by General Fund revenue that was specifically budgeted for the adopted Fee Payment Assistance Program. The Financial Administration and Housing Department has responsibility for job verification as well as monitoring program compliance. The initial capital investment related to this project is estimated to be $3,118,000. In addition, the creation of the twenty-five (25) new jobs generates a local payroll of approximately $446,000 annually. GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." RECOMMENDATION: That the Board of County Commissioners approve the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program by Guadalupe Center, Incorporated and provide for the waiver of the obligation to pay the upfront fifty-percent payment of estimated Transportation Impact Fees at Final Site Development Plan approval, instead requiring the payment of all impact fees, in full, at issuance ofthe Building Permit through the Fee Payment Assistance Deferral Agreement. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES Item Number Item Summary Meeting Date Agend::J: Item No, 1 GA..! December 14, 2004 Page 4 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15A4 Approval of the application ior ihe Job Creation Investment p;ogram, ihe Advanced Bjoadbafìd Inl't'a!ilruGturo ¡r.v~slrr;Ðn1 Program and the Fee Payment Assistance Program by GU.1dalupe Cemer, Inccrporated and provide far tile waiver to pay the upffDnt fifty",percent of the estimated Tr·anSP0r121(lon Impact Fees al Final Site De'JelopJ'nent Plan tJpprowJI, but instead pay ,,111 impact fees, in fLdL at issuance of tile Buiiding Permit through the Fee Payment Assistance Deferral Agreement 12/14i2004 9:00:00 AM Prepared By 11/23/200.4 4;54:11 PM Amy PatternOI\ Coml'THlnity D~...r.IC\pm(tfl &. Environmental Servic.C5:i Date 100 1';/II:.:t Fee Manager FinatwÌ;l Adlnifl..& H(llI~¡¡n!~ Con:o;tUfH;(I Ä. Johnson Out£" ApPI"oved By Community D~velopm~nt & Envin)lllTwn1a! .$~rvk~5. Qlmf<tti(Jns Atl¡ IV~¡1 Community Deveklpment & Eflv¡rDnnumf.al Smvil;(!'!i Admin 11/24,',0049:22 Ar" Date Appr"oved By Denton Baker CI:'Il'Tnoumfy D(!"v¡:,¡opm~nt .8. Et~vir('lnmenl,,15I1fVICf!'" Financial Admi!1 &. Hou$ing Director Financjül Adrni!~" & Housing 11f24t2(10~ 3:44 PM O.alt~ Approved By Jo¡.wph K. Sr.hmitt [;ommuni1:y Dev /!Iopmnnt./l. ElwironmerHi.'.Il SerJ¡(..e~ Community DevelDpment &. Elwif(JlHYI~IH<l1 Sl~rvic:~~¡ Admin!i1t"Cltot Comrmmity D!!"\!f!h,pmm1t & Environmental Services Admin. 11/29120048:59 AM Dalf! Approved By Patrick G. V,JtHt~ County Attorney AS'!;1!¡[;.mt CmU!W Auomey CI)u:nty Att(lfn(!v Dtfi(:~ 11/30f2ß04 9~ja AM OMS Coordrnator Datu Approved B)' Counly Maf1a!lèt'~ Of kG: Administrativo.'.! AS$jS\an1 Of¡ict! of MUfluql1m~lIt& Budget 12/21200410;154 AM Approved B:l Malk !s.ar.k~on County M.JI1;¡rgt!t'S Offk~' 8udgl!1 Analyst Date OHi(;tt of Manõ!lgemt!nt.It. Bud!)&t 1213:2004-11:29 AM Management &. Budget Direc10r Date Approved B~... Michael SmykDw~ki County M<lml~t~t'¡; Otfict! Dffi(;~ of I\hlu!)l!!t'W!nt & Bud! I~1 12113120044;21 P'M County Manager Date Approved By James V. Mudd Board of County Commissioners C()Ul1ty !\I\;¡¡nagN'1; Ofti{;~ 12s7i2{ 0411~56AM 1:1.___""""';0.'";.,...,.1> -~t".""""'W<.""""'~""~. Agenda Item No. 16A4 December 14. 2004 Page 5 of 12 Ecor-JOMIC DE\r'ELOPMENï COUNCIL Of COLliER COUNTY NAPLES, FLORIDA EVEJ<GLADES CiTY . GOLDEN GATE IMMOKÄ.LEr: . MARCO ISL....HD COLLIER COUNTY ECONOMIC STIMULUS PROGRAM ApPLICATION for Expanding or New Businesses ~ Crnter: ]he. Name of Business ¡tie (1-5 word description) ,.- ~). . ((\0*i( r~VA\ \l ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263-8989 · FAX (239) 263-6021 www.eNaplesFlorida.com :" . :.:' -.~, ,-".'. - ----~- ---;.----~-. -. --~---:--~~-. -0--- .----- .-- ------.~- ~ " . ,_ _' - ,.,. '1 __1."1,,,, .' ~ ::. .-:.cc::r;"';.=~.' 0;' - ';-:·-YU';: ~~. . . ,'" . -.._-- -- -- . ,. . -. j' I. <"' :;'... ~ -" :; _ ;~ ,-+, ,-. . ... , .'0' ~' .. , ,~ ~~~ ~ _ _ _ __ _ ~ _ _ ~ ~ ...._ ~~» ... ______ri _____ _ ____~___ ___. ~_ _______...~~~___~~ . ··'Y.·.,~··,··.~,,·~~.····'·'·.·~·'·._'- _..,._" ......11'"""' _......._~;þ~~~._~~........~~...~...~.},;~.~.1' '-'~-="---~"""'Ãgenda Item No. 16A4 December 14, 2004 Page6of12 Eme!2Yer Identification BUSINESS INFORMATION: 1. a) Name of Business Unit: b) Mailing Address: -Po Û. ~ÐX 1053. "ILmmota.lee.11- 34/43 c) Name of Parent Company (if applicable): d) Primary business unit contact: Name: Ii Compan~: Addres Phone: Email' .Webslte: e) Business unit's federal employer identification number: 5q - 2bL1/51 f) Business unit's unemployment compensation identification number: IJ/-A- g) Business unit's Florida sales tax registration number:ZI-aJ-02Cf)2b-..!3cf:. h} Business unit's Collier County occupational license number' Qb2bí2.. i) List NAICS codes of all activities of the business unit: LP 2... Lf I l.û 2- Lf ({ ¡ 0, 0 2-.L.1 310 ~ Targeted Industry: \ vY\mo Kcd~ l £. Yìte('py-¡·~. z::r.~ .' j) Describe the business unit's primary business activities/function: . . ~ 2. a) Is the business unit minority owne~!!ror-......p~ ,£1)1(;.)3° b) If YES, explain: Business unit's tax year (example: Jan. 1 - Dec. 31)~ L- ~~:3? 3. Project Identificationllnformation 4. a) Is the business unit (please choose one): C a new business unit to Collier County ~ an expansion of an existing Collier County business unit b) If an expansion, how many COLLIER COUNTY employees are currently in the expanding business unit'? 80 , Existing ColJier County empioyees cannot be included for consIderation in certain IfIcentive awards. Effective 08/01104 Page 2 01 7 Jil!!f _.Jt¡~ -- -,.- ,.-_.""-,,,,,".,.,,,_..¡c_~,.~,,"~,,,,___ _,_.,..,____-.t-"."'~~"UA...'··_'"','__~.;;.''V_~;;.,, ···""-""_:~",~~~:;r:.t."*._ Agenda Item No. 16A4 December 14, 2004 Page 7 of 12 c) How many individuals are employed in ALL Florida locations? 57 5. d) How many individuals are employed in ALL domestic and international locations? . 51 Fr~~tct descriPtion~~ ~~~!~jjifJMiíith ~it~~ 6. Check the appropriate box and complete the line item: )g1 Project's curr~a(jr address: !5OS rd e I Immikãke ,-=H- Project's proposed location address: ~e.... 7. a) Located on Brownfield Site or in a Brownfield Area? YES ø NO (If YES, please attach a copy of the official document that designated this area as a brownfield area.) b) Will project be locating or expanding in an Enterprise Zone? X YES NO If YES, which Zone: ~Immokalee Everglades City 8. Please check the box that best defines your project. Answer a) AND b), If applicable: a) Multi-state business enterprise Multi-national business enterprise b) gf Regional headquarters office National headquarters 9ffice International headquarters office 9. Please estimate percentage of gross receipts or figr aJ sales resulting from this project that will be made outside of Collier County: _ % outside of Florida: % 10. Project employment and wages: a) Total number of net, new full-time equivalent Collier County jobs created by the project at the business unit indicated above: 25 b) Are any employees being transferred from another Florida location? If YES. how many and from where? YES jß(NO 11. a) Anticipated annualized average wage (not including benefits) 9l¡ ~e new to Collier County jobs created by the project at the business unit: $ I J.l6'- (Cash performance bonuses and other cash payments to the employees. such as overtime, should be included. The anticipated wage reported here is only an estimate of the average wage to be paid. The wage indicated in response to an incentive attachment. if applicable, will be used in the certification, agreement. and claim evaluation process.) b) Annualized average value of benefit~~sociated with each new job created by the project at the business unit: $ .!::J I'bS - Effective OS/O 1 /04 Page 3 Of 7 - ~-----~ ~~- -- -.-- -- -_........._- Agenda Item No. 16A4 December 14, 2004 Page 8 of 12 c) If jobs are to be phased in, provide the date when each phase of employment will be fully implemented: (Please limit the phases to no more than three consecutive years, and job creation to no less than ten jobs in any given year.) Phase Number of net, new full~t¡me equivalent Collier County jobs created in business unit Date by which those jobs will be created I II 111 TOTAL 12. a) Describe the capital investment in real and personal property: (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not in~lude the value of la'1d. urchased for construction f flew bui ding.) b) List the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ . Land (if applicable) Amount $=:ÆJ IZ,DOD Construction/Renovations Amount $ Manufacturing Equipment Am;~t~i ~~W:~ Other Equipment c) Estimated square feet of new or newly expanded facility: 11Þ()OD J 12-/05 14. Anticipated date project will be in operation: 13. Anticipated date of beginning of construction for this project: Q/05 15. Project Information: ~ctl.lèb~ . ContÕW'&'_I\hY5_~'mhtJl ~cv,·nœnt r ~r!:::him ~ r"µ roe. r . 215..0225 z~ ·3'1If..:JlK1~)6bl-t+-'~1 mall: mal: mall: 5V'Y1C£t1t"@qDm...~Øn eoriwe.aecj@ . Fax: 0ax: .. rrartoct.lble.(.lT'MFax: Z31)i#i ~ ,112- .Uìm EffectÌ\le 08/01/04 Page 4 of 7 ... -r~~;;*: -........,...--- -.-- ~- 'Y"""_"~,~'_~___lII'NJ""~._""~'W'''Iii;;;':I1~=''''''__~~____--''I'",,,J':'i'.;U¡"'~,o¡¡~::::......'U.x;¡..~;"'i;,.-='..f:''-''U~'_~_<IIIUI Agenda Item No. 16M December 14, 2004 Page 9 of 12 Project Impact Information 16. What role will the incentive (or incentives) play in the decision of the applicant to locate or expand in Collier County? (If there are other states/communities competing for this project, please list which states/communities and what incentives are being offered by those states/communities.) Jmc, rnis::iOn Gf the q~{~ Cirter,Ihc. ìs -ro 2erVt/ I ¡ tnc þeotk Of .:tmm~b:: ~onä.a. ¡ 17. a) Provide a brief review of the applicant's past activities in Collier County and in other states, particularly as they relate to environmental and growth management impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been?) ~ re)Ow : i I I r b) Describe any criminal or civil fines, or penalties, and any awards. l ltKTt:. haVe:. ~ no û'v'il t)Jrcr/rninaf-(1'I1tS.íhcQUtlCfaIUfC.- I ~ B YÐutihe~ teU9niUd forihc-c¡yaJdlj ef its I ff00~úm5. . . . \11e, E1~\~ ~ Of J.rnl11okccœ has-ivvofDC)',tvih of whitÂ1M cl~'qnat -1v hclp1he COmmUA'lrh) re:spond to jrvwrh. Mttft0 ~work~ Dr ILthJre\'S /trvi1/é-- in-thc CDmmWJ~ IOOk.i'ttg -f1Jr work a¥îd hvr rwm ~ ~urrt5.1h: t;yuadcdupe Ûi1fercffe:-6 hot meals. dorAl'~ áNí \1ðr ~WQ6 C6 \n- é)1'm úSSj~ .1hc JOn£f-.term Slh4ìÐt1 to mptYUJ iafni 116 5 ihw~ rœ -f':Chool Ct!%é 1 ûf¡r.r;.$)¡lDl iU:IDt--i/14¡ Md ~h1er ~.1he:e5':fv'ICCS allow o'ifY 2BJ ~ V\IIYi::: wtÚk:11vr- . cK1 I'¡ar-&¡ rec.cik-. Cf.Lfe: t:.Um i4irt11<:: cf:u1, after $h 001 or d LU1 ~ hoJ/d'!ù1 1h: E;¡~'u¡:ç CenteY a~ ~I1S ÇtfþWX(Yì1úJ'ell15DMutfs /nÐ1gJr::ìí ÚA1~ \/DCtVti1JI1tt1~ill:5.Wmith~ ihim-IDpvaic rw 0:- ~~; \ r~t 11LeG_\IJN ~f:{rr1rnp IZ hi!Jh :schooJ:;JudtA'T=> ¡:tv x~· ~ _ v-r-- '--(C Effective 08101/04 Page 5 of 7 I!IIII- ~----,- ~- _A_ --<-- --- ~.~._,- --~_.....,;::;"~:;;:.-. -..............-.-,. . .-..-, ;-~.,.==-=- ~_",_^____h,_-<~~_'_~"""~,,,_ __¥' 'C _' . -~~~~~ .'""t'......~-~ - ~. , . Agenda Item No. 16A4 December 14, 2004 Page 10 of 12 Requirements ___~,~,.,.,. .,_~._.." ......,L.E.a.st,Irac:k.PACmitfinnllro"..'.._L .,.._.., <,',' ,., «m~~"",._~.h<·__m_'u<',_<,"'~'''~'''~''"'__''~~'c",c",·""__'_'.""_'·~_'''_u._. v_'" ',..,."~.H~"~'"""~"~~"'_'''~.''''H~~_'._'''''',."<~,,,,,,,,<,,~,,, '~ "-...644 as 1uwtS aftiféÚ1oo[ MItt dun'Y0 iht.5Uf1'1mer,-tkreÞv, ìl1crea~'VI;.1 h~/a intoYnt and 3iv/ng h'9h xhrol ðfù.(eri3 fré'aA1~ Wbrk, Ihc ~iAtlda}u¡:e Center- CÚED rewzuds-th~ hlqh 2thwJ tutDrs wttn CÆJ1fcçr 2{}¡olar~:fìl'p5 fnrrn 112,l1X)-ID 1Pr,(j)() ,-JV¡CiW!j (}¡abling ihe ~úrIs -W ::æwe ¡æ/- ÝJ'Ifh , 5Cf¡{)OJ ivzti nit11 ák1d y-rlwn -tv -the. CDmmW7ihj With IêadClSh)þ ~\Clls. ~n;¡' l~II<f'"",,* _ --'~-"'"",''-'='~~'-'~--~MA;;,;d;'ít;;;r:r;-16A4 December 14,2004 Page 11 of 12 Application Completed By: JMu- ~ ' A. /'l ( i9~~( ßQ¡r¡-O, ç~ (Print or Type Nam CvntraikY (Print or Type Title) To the best of my knowledge, the information included in this application is accurate. I .), f'; VI ',':Ai",^, l'~Cnt (Print or Type Title of Authorized Officer) 6uMa~ (f~E\c- (Co pany) . (Z?A) 051-111} (Phone Number) (2~) ld51., 11 ~ (Fax Number) ~) w-f-LßbI (Phone Number) ~) b51-tdt 10 (Fax Number) n (E-mail A rer. 10115104- (Date) 1O/15/D4- (Date) (Contact Person, if different) (E-mail Address, if different) (Address, if different) (Phone Number, if different) Effective 08JQ1/04 Page 7 of? - ~-:=~ -."'--' -_.- -'-- ~~ ~-;--....",=- .- Oct 14 04 12:54a Guadalupe Center 239-657-771 tf\genda Item Nop 16J\4 Decembe¡- 1if, 2004 Page 12of12 .~ November 5, 2004 Economic Development Coundl of Collier County 3050 N. Horseshoe Drive, #120 Naples, FL 34104- Response to Item 17a) - Economic Stimulus Program Application: The Guadalupe Center of Immolcalee has two foci, both of which are designed to help the community respond to growth. Many farmworkers or laborers arrw.e in the community looking for work and not having adequate resources. The Guadalupe Center offers hot meals, clothing and hot showers as interim assistance. The long-term solution to helping families is through pre-school care, after-school tutoring and summer camps. These serviceS altow over 250 parents work whUe their children receive care during the day, after school or during holidays. The Guadalupe Center also trains approximately 50 adults in English and vocational skills, permitting them to pursue new or better jobs. Last, the Guadalupe Center employs 18 high school students per year as tutors after school and during the summer, thereby increasing household income and giving high school students meaningful work.. The Guadalupe Center also rewards the hígh school tutors with college scholarships from $2,000 to $8,000, thereby enabling·tI1e students to secure post-hígh school training and return to the community with leadership skills. It is of vital importance to the Guadalupe Center to receive the incentives tilrough the Economic Stimulus Program in order to continue with our expansion plans, as well as tocootinue serving the community needs. For every dollar received through the incentive program, it is one less do1tar that we need to request from our donors in order to provide aU of the above-listed services. Very truly yours, Stanley Boynton President The GUAdalupe Cen.te, oflmmo¡,..k" PO Box 11153 Irnmokak". FL 3~ 143 ';" . \;' . :-: ":r~,\',. ~':..; ,". "~.. .' .,'. , ;.' ":;.-:". ",~:_.. ..,.. ....-..';"... ~,¡': ", ; ~; ~ ': '; : ; , .: . ,. . .~_. >, <. 239 f>5' 4361 lei 23~ (,57 fttilf> five n9 6S' 77U t,.1 n9 6577712 fi,K 239 liSII 191}') ,cl 139638 1m fax _^_..,w__,.~.~ __~ _.___,_"_ ___"n'" ~ - -'-. -~."""""_.~~,'......,- Agenda Item No. 16A5 December 14, 2004 Page 1 of 4 ,,--,~ EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Veronawalk Phase 28", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Veronawalk Phase 28", a subdivision of lands located in Section 26 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: .- Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Veronawalk Phase 28". 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 "Veronawalk Phase 28" be approved for recording. FISCAL IMPACT: The project cost is $1,068,449.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $475,965.33 - $592,484.00 The Security amount, equal to 110% of the project cost, is $1,175,294.26 The County will realize revenues as follows: -- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $33,358.50 Agenda Item No. 16A5 December 14, 2004 Fees are based on a construction estimate of $1,068,449.33 and were paRt!iA 2 of 4 May, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,305.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 3,569.74 c) Drainage, Paving, Grading (.75% const. est.) - $ 4,443.63 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $10,709.24 e) Drainage, Paving, Grading(2.25%const.est.) - $13,330.89 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 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Veronawalk Phase 2B" for recording with the following stipulations: 1. Approve the amount of $1 175,294.26 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department .................. Item Number Item Summary Meeting Date Agenda item No. 16A5 DBcember 14, 2004 PÐg~ 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15A5 Recommendation to approve for recording the final pial of "Veronawalk Phase 28," and appravOII of the standard 10rm Con;;truçtion and Maintenance Agte~menl and approval arthe amount of tile performance securit~ '2i14/2004 9:00:00 AM Prepared By Stmiot ErI!ljnl!:~r 11i2!!:2004 7:29:42 AM John Hnuld$i......oMh Com/llw\ity Development & En"Îronmerlta! Services D'lte f..ngif1P'(1'rjtl~ Se.rl/Îces Date App ·oved By Thom<1'i E, Kuck, P.L Community D(!vd()p\n~nt & En'Jirönme.nla1S(HVJi:HS COES Engineering SelVÎces Director COES Engint'~ríng SfHvíc ~'!. , 1/29/20041:50 AM Date Approved By COIIs1al1ce A, Johnson Community Devr.kl'pmrHll So Environmental Servk,es Operations; An..iy!õt Comrnunity OE!veioprnent &. Environmental Services Admin, '12;-1,12004 H:16 AM Sandra LIf:!;~ E)!f!cu1iv!! 5(!(;rp.:f¡¡ry DHt~ Approved By Community Oevelopnl£~('It .& En'lÊromn,¡mt¡)1 ServÎ(:t<'" Community Development & EnvirCII,mellt..1 5erVÎct!!; Admin, 12111200412:05 PM Joseph K, Sdlrnrt:! Dnk Approved Bl Curnmlmity O~w¡¡ oprm!nt $. f.:n\Jirnntnt1'nt¡~ S~rví(:~s Community O!~vEh}pnHm1 & Environmental Services Aclmlnstrator C\)I"fJfnunity {)~I\I~ (Jp,"¢nt & Envlranmm!tnl SEtrvic(!,'SI Adrnin, 12!2i2U04 '11 :29 AM OMS Coordin.1tol' Admínís.trative As;s.istal~t D~te Approved By County Manager's Office Office of M~nagEment & Budget 12,'1/200412:-44 PM M'llk 1s.;u:k!;of1 i:)ud! f~t An.¡¡ty~t Datf! Approved By County Manager'!. Offic!~ Office of ManageITwn1 &. Budg.!t 12/3/2004 3:13 PM Approved B:y Michael Smykowskì County Mnnng~r'.. Office Man0gement & Budg~t Director Date Office pf Management & Budgt>t 12/6/20049:25 AM County M..m;;¡gt!r D~tl! Approved By Jmru~~; V. MHcld 80i1fd of County Cornmíssionel'$ County Manllg~r',s. Qffi{;~ 12/£i2004 8:21 PM L()vv «0_ (.000 .......NV ov-QJ Z....... OJ E(¡¡~ QJ..a ::::E roQJ üU ~ QJ (DO OJ « 0.. « ::E: UJ I- - en ~ '" <> ~ !Ii LQ I .......01_ / E- ~ - ~I I ~ ~ i ¡;¡ !:! :! ;Ii II! b ~f i ;: 0.. ~~ « !1 IIi I! ::E: ~ II!~ Z II ...YO 0 <I1I'MiIV108 ..moo ~~ - ¡¡ ~ ~ I ... I g I ~ u ~ 0 < I ....I g :!J Agenda Item No. 16A6 December 14, 2004 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve Satisfaction of Lien for Code Enforcement Nuisance Abatement and Code Enforcement Board liens that have been paid in full, Schumacher 2003-408, Warren 2002-202, Corp Y. Braunschweig 98-326, Ronald Summers CEB 2004-040, Baywood Manor Antiques and Jewlery, Inc. and Joseph A. Giallanza CEB 2003-003 OBJECTIVE: To approve and authorize a Satisfaction ofUen for Nuisance abatement and Code Enforcement Board liens which have been satisfied in full. CONSIDERATIONS: 2003-408, Schumacher, The lien, recorded on December 12,2003 in O.R Book 3462 Page 1656 et seq., of the public Records of Collier County, Florida in the principal sum of Two Hundred Fifty-Five Dollars, plus accrued interest and penalties, if any, has been satisfied in full. - 2002-202, Warren, The lien, recorded on May 14,2002 in O.R Book 3036 Page 1516 et seq., of the public Records of Collier County, Florida in the principal sum of Two Hundred Fifty-Five Dollars, plus accrued interest and penalties, if any, has been satisfied in full. 98-326, Corp Y. Braunschweig, The lien, recorded on October 2, 1998 in O.R Book 2466 Page 2984 et seq., of the public Records of Collier County, Florida in the principal sum of Two Hundred Forty-Five Dollars, plus accrued interest and penalties, if any, has been satisfied in full. CEB 2004-040, Summers, Ronald, The Order was recorded on October 4, 2004, Official Record Book 3653 Page(s) 2880 et. seq.,in the Official Records or Collier County, State of Florida. The lien secures the principal sum of Three Hundred Seventy Two Dollars and Fifty Five Cents plus accrued interest and penalties, if any, has been satisfied in full. CEB 2003-003, Baywood Manor Antiques and Jewlery, Inc. and Joseph Giallanza, The Order was recorded on May 29, 2003 Official Record Book 3302 Page(s) 1580 et. seq.,in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Nine Hundred Eighty Six Dollars and Fifteen Cents plus accrued interest and penalties, if any, has been satisfied in full. - ,...,"->,.-,-....-,.-""..-."".......,..'''..''". Agenda Item No. 16A6 December 14, 2004 Page 2 of 8 FISCAL IMPACT: This recommendation requires payment ofa Recording fee of $10.00 per page totaling $50.00 plus Clerk of Courts Trust fees and will be paid from 111-138911-649030 GROWTH MANAGEMENT IMP ACT: This request will not affect the Growth Management Plan of Collier County. RECOMMENDA TION: Staff recommends the Board approve the Satisfactions of Lien for the above referenced cases and authorize execution and recordation in the Public Records of Collier County, Florida Prepared by: Janet Powers, Operations Manger Code Enforcement ....-.. Item Number Item Summary Meeting Date' COLLIER COUNTY BOARD DF COUN1Y COMMISSIONERS 16A6 Aporoval of Satisfactlon5 Qf L.len 12i14!2004 9:00.00 t...M Aqenda Item No. 16A5 , O'ocembe, 14, 2004 Page 3 of 8 Ploepared B,.· 11/22.120049;56:.4..4 AM Janet Powt! rs. CUlnmlmitv D~"'t!!opm~~nt &. F.n'JtrutmHm'ilI5Nvj(:¢.!. Operations M~nager Code Enforcermwt Date. Date Applooved By J-eff Klatzkow County AHDmey Äs;s.i$tant County Athmwy CQunty Attorney Office 11122/200410:15 AM Dólt ~ Appl"oved By M¡Ghdj¡~ f.dwurds Ätrlold Comnwnity Oev!!:!Qµment & EnvÎt'OIH'tumti!1 S~rvice.s. C(ldt! Enforcj~lTIent DiH!<:tor Code F.:ntorce:rmmt 11i23/2004 4:D5 PM Date Approved By Constance A. Johnson Community l16ve¡()pm~nt &. Erwiranrnl.:'nli1ISIIIVJ(;eo,; Operations Analyst CamlTltlflity Ot~...clopnlE!lIt &. EnviHnllnental S~rvic¢!¡ Adrmn. 'I 'li23'2004 4 :09 PM Da1 ~ Approved By Thomas Palmer County Attorney ASBÎs.t<lnt County Attorney COUt1ty AttolTlt!Y' Otfíc~ 12ì11200,," 1 :27 PM Joseph K. Sc.nmitt Date Approved By ComrnulÜty Devdopmeot & EnvjrolHnental $ervice2J. CmnnnHlity DeY~!II)pnwfl1 & Envirootnl'l'\t;tl S~rvi[:ej;' AdminJ;.tmtor Community Oev¡>;ioprnent & Eovironrneot.al Sef"\'j(~fH¡ Admin. 12i2t'¿OQ4 11:29 AM OMS CoorrJimt10f Date Approved By Count)' Manage.t'5 Oftic,c- Administrative A!isistant Office of r","mag~menl & Budget 12!Z12004 12~47 PM App,"oved By Mati( !5ar;k~url County M.¡m;¡ger'" Office Blldnd I\rHilyj¡t OffÍ<.:e nf Malla.gi!:lnÐflt & Budget D..t,~ 1212/200-4 4-:3-8 PM Dat¡;- Approved By 11,'1ich.ud Srnykowsl<i County M,m.lgm'j¡ Ot1í(;E~ Mün,~g(!ment &. Hudgd Dir-t1ctor Offi(;o:! 1)1 Mana Jtnm!nt 8. Bod!!l!t 1213120048:3& AM Date Approved By Ja01I!!i V. Mudd Bo.,rd C)f CDunty CQmm¡~~ioners County Mo:mager Cmmty M.1naqer':¡¡ DUke 12,'31Z004 5:25 PM Agenda Item No. 16A6 December 14, 2004 Page 4 of 8 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 Resolution No. 2003-408 against: HERMAN & ILSE SCHUMACHER The lien was recorded on December 12, 2003, Official Record Book 3462 Page(s) 1656, et. seq., in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five 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: LOT 10 BLOCK 230 UNIT 7 PART GOLDEN GATE ACCORDING TO PLAT RECORDED IN PLAT BOOK 5 PAGE 135 THROUGH 146, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. Cost: $255.00 Reference: 2357 Folio: 36430400008 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment received from First Choice Homes of Florida, Inc., the current property owner, 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 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency ~ ~J~ , 0 V\/\. \ Thomas C. Palmer Assistant County Attorney This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 Agenda Item No. 16A6 December 14, 2004 Page 5 of 8 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 Resolution No. 2002-202 against: WILLIE WARREN The lien was recorded in Official Record Book 3036 Page(s) 1516, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five 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: 13-52-29 UNRECORDED PARCEL 40 FOLIO 01134804401 Cost: $255.00 Reference: 2002-202 Folio: 01134804401 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 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman Deputy Clerk Approved as to form and legal sufficiency ~ Dl \Ð~ },pV ~- Thomas C. Palmer Assistant County Attorney I This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 Agenda Item No. 16A6 December 14, 2004 Page 6 of 8 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 Resolution No. 98-326 against: CORP Y. BRAUNSCHWEIG BETHUST 48 LAUSANNE, SWITZERLAND 1012 The lien was recorded on October 2, 1998, Official Record Book 2466 Page(s) 2984 and 2985, 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 Two Hundred Forty Five 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: Lot 19 Blk 787 of Marco Beach Unit 25, accoding to Plat Book 12 Pages 86-89 of the Public Records of Collier County, Florida Cost: $245.00 Reference: 70627-015 Folio: 59023960000 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 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency ~ i)f ltv.~, fiutL\A.~---. Thomas . Palm r Assistant County Attorney Agenda Item No. 16A6 December 14,2004 Page 7 of 8 This instrument prepared by: Leonardo Bonanno. Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403·2440 SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated September 29, 2004, a copy of which was recorded in O.R. Book 3653, Pages 2880, et seq., on October 4, 2004, 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, owned by Ronald Summers has been satisfied in full. The real property located at 4776 Radio Road, Naples, Florida, more particulary described as Unit 101, Phase 1, and an undivided share in the common elements appurtenant thereto according to the Declaration of Condominium of Radio Road Executive Warehouse Condominiums, as recorded in the Official Records Book 2472, Page 1526, et seq. of the Public Records of Collier County, Florida. Folio No.: 00384000001 & 69017000021 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 Ronald Summers, 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: , Deputy Clerk DONNA FIALA, CHAIRMAN Agenda Item No. 16A6 December 14, 2004 Page 8 of 8 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated May 28, 2003, a copy of which was recorded in O.R. Book 3302, Pages 1580, et seq., on May 29, 2003, 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, owned by Baywood Manor Antiques and Jewelry, Inc., and Joseph A. Giallanza, has been satisfied in full. The real property located at 3631 42nd Avenue, SE, Naples, Florida, more particulary described as all of Tract 124, Golden Gate Estates, Unit No. 92A, according to the Plat thereof, recorded in Plat Book 9, at Page 10, of the Public Records of Collier County, Florida. Folio No.: 41660800007 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 Baywood Manor Antiques and Jewelry, Inc., and Joseph A. Giallanza, 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: , Deputy Clerk DONNA FIALA, CHAIRMAN Agenda Item No. 16A 7 December 14, 2004 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (Public) and drainage improvements for the final plat of "Sabal Bay Commercial Plat, Phase One" (Thomasson Drive and Xeric Lane) OBJECTIVE: . To grant final approval of the infrastructure improvements associated with that s.ubdivision known as "Saba I Bay Commercial Plat, Phase One". CONSIDERATIONS: 1. On February 19, 2003, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Sabal Bay Commercial Plat, Phase One". 2. Collier County has ownership, and shall be responsible for the maintenance of the following areas within the right-of-way: pavement, curb and gutter, sidewalks, drainage, swales, shoulders, green spaces, landscaping and street lighting (electric fee only). ,- 3. Collier County has ownership but Sabal Bay Commercial Area Property Owners Association shall be responsible for the maintenance of the following areas within the right-of-way: roadway signage, street signage, street lights (fixtures and poles). 4. The Sabal Bay Commercial Area Property Owners Association has ownership, and shall be responsible for the maintenance of the following areas outside of the right-of-way: drainage, storm-water detention pond (lake), outfall swale to Lely canal. 5. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 6, This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: .-. ·The roadway and drainage improvements which are the County's responsibility are estimated to cost $5,855.00 for the first year with normal increases over the following years as needed. Agenda Item No. 16A7 December 14, 2004 Page 2 of 5 GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Sabal Bay Commercial Plat, Phase One" as defined above, 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 Meeting Date AqBIl(1a Item No, 16A7 . Decell1berl4, 2004 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS '16A7 Recommendation to grant final approval oftHe roadway {PublJc) and drair,age jmprovemellt5 ror the final plat of "Saba~ Bay Cornmercial PIal - Phase: O~H~" The drainage IlTIprovemcfHs win be pnvßteiy maintained. Collier County wÌÎI rT'(]lntDin tile roadway improvements within Thomasson Drh¡e and Xenc lane. 121141Z004 90GOO AM Prepared By Senior Engineer 1"I11~¡2004 6:&2:S5 AM John tlouldsworth Community DEtv~lopmflnt.& f.tlvirf:\nmen!:aI5r.tvjçr.'!õ Date Engineering SelViC~ß COES Engiulwring $...,nr'i¡;:I.H;. Dirtlet.or D,xü! Approved By Thonw!ó E. KIJI:-k. P.E. ClJmmunity Development & Environmental Services CDES E. 9~f (wring Service!. 11119120048:14 AM Rìc:ardo Valera OirndDr Dilt~ Approved By TraYlsrlm'tion SEHViclI!; RO;1lu M¡~in11!"ancl~/St(.JfTl1w¡¡tt!r 11/2;2!2004 9:40 AM Approved By Operatiol,s Analys1 Date Constance A. Johtl'Sol1 Community Development & Erwif"Onmental Servìc..es Community DevP'{(1pmcnr & Ellvironmental Services Admin, 12;3120049:23 AM Joseph K. Schmitt Da1e ApprovE'_d By Community Dev~¡oþment & EnYironmental Service~ Community Oevl~iopln~nt & EnvÎn>nmmlt.al Sel'ì/icf!$ Admìn'Stmtor Comroul)ity Dcvelopmunt & E.nvironmental Services Admin. 12.l3/2004 12::42 PM aMB Coordinator Admini!;1ratjvo ÄssistanL Date Approved By County Mani!.qer'~ OHil;c C1fiCf.;: of Mand~ (!:mE'tn1 8. 8udgt1t 12/3120044:12 PM Mark Isack!i.ot\ Budget Analy!>t Date Approved By CotInty Manager's Off!ce Offic.e of f1/lanagemeot & Budget 12/6120048:30 AM Approved 8)0' M~nagl!'rnent & Bud9t~t Dirr.ctor {)¡I!t1 Mi(:htl~1 Srny¡ww~;kj County Manager's CUke Of!Ïcl~ of ~·t;m;¡lgetnelJt & Budgd 'j 2f612004 1 :32 PM County Manager Dat~ Approved By James v" Mudd BDard of Comrtv CDnltn¡$.~ionN!> C(Hm~y M¡UlU~IHt"!; Oftiî,.(~ 121$/20041:1Q PM 1'-'<;tL!) «0_ (000 ...--N'<;t ci><io Z"'-- 01 ...ro EO>CL o.!:> :<::::E roO> -oÜ cO> 0)0 01 « )lII:JS 0110N / - -.- !~ i ~ Ii. ~~~ ~~- ! ~F ~ ~.~ ¡d~ (L. ~- g ~ « CJ ~ Z 0 - ~ ~ U 0 -.J :!¡ (L. « ~ UJ l- e/) 101 ~ ~ ~ Q.. I .... « ..J Q.. ..J « ëJ 0:: 101 i o u > « CD ..J « CD « rn RESOLUTION NO. 04- _ Agenda Item No. 16A7 December 14,2004 Page 5 of 5 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAlNAGE IMPROVEMENTS IN SABAL BAY COMMERCIAL PLAT - PHASE ONE, 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 PROPERTY-OWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on July 30, 2002, approved the plat of Sabal Bay Commercial Plat - Phase One 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 Engineering Review Department of Community Development Services bas 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 Sabal Bay Commercial Plat - Phase One , 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 Sabal Bay property-owners association. This Resolution adopted after motion, second and majority vote :fàvoring same, this _ day of , 2004. DATE: ATIEST: 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. 16A8 December 14, 2004 Page 1 of 4 ,.-. EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of uBrittany Estates", approval of the standard form ConstNction and Maintenance Agreement and approval of the amount of the peñormance security OBJECTIVE: To approve for recording the final plat of "Brittany Estates", a subdivision of lands located in Section 17 Township 49 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 "Brittany Estates". 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 "Brittany Estates" be approved for recording. FISCAL IMPACT: The project cost is $20,693.78 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading -$-0- - $20,693.78 The Security amount, equal to 110% of the project cost, is $ 22,763.16 The County will realize revenues as follows: - Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,660.82 Agenda Item No. 16A8 December 14, 2004 Fees are based on a construction estimate of $20,693.78 and were paid ¡Rage 2 of 4 January, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,040.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $-0- c) Drainage, Paving, Grading (.75% const. est.) - $ 155.21 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $-0- e) Drainage, Paving, Grading(2.25%const.est.) - $ 465.61 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 impact. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Brittany Estates" for recording with the following stipulations: 1. Approve the amount of $22,763.16 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. . b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department - Item Number Item Summary Meeting Date Agenda Item ND, 16A8 December 14, 2004 Page:) 014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A8 Recommendation to approve for recording the final p1at of "BIHney Estates," approval of the standard fo,m Construction and Maìntcn.ance Agreernent and approvai of the amDunt of the performance security 12114;20049:00,00 AM Prepared By Sp."ui(!f" f:119inep.-r 12/112004 12:32:5K PM John HouldSi",,?O,th Community Deveofopment & En'ljfOl~mentaf S~rvices.. DatI!': Engineering Sl!'rvic.e1O Constance Ä. Johnson Operations Analyst Date Approved By Ct)mtnuJlity D~~\lelnpm~r't & f:"virønmC"~ltaI5ufvicm; Ccrnl'Outlity Dlwt!lI)þnumt & EnviJ()mn~nt,,1 Services Admin. 12f1i2004 1:39 PM Sandra Lea Date Approved By C() nmuni1Y De...elopment.\ Environmental Services Executive Secretary Comrnunlty Oevf?!lopmE\nt & Environmental Services Admin, 1211!zao... 1 :3-9 PM Approved By Th(unas E. Ku(;k, .".E. Community Development & Environmental Services. COES EII!Jil1~!t!rínu Sf!tvil:l~tò Qirl~d(u'- D'¡11e COE-:S Eng nee'in~ SetvIC(!$ 12/21200412:27 PM Jo~"'ph K. Sdunitt Dut.e Approved By Cnmmul\Ìty Devj~ "pmp.nt.& Enllirunmt'!ntal Sp.:r\fico::!\. (.;omtmlflity DC"w'olopmmlt & Environmental Services Adminstrator C )rlllfluni1y DiI!v~l( ptnent & Environmental $E!rvic( s Adrnin, 12í3i2.004 12:,~8 PM OM B Coord in ;3Itor Administr.ative A'!ôs.jsbnt Date Approved By County Manager's Office Offíce of MBl1agemC'nt & Budget 12fßI2004'8:45 AM BuduHt AnalYß1 D'¡lte Approved By M.;¡¡rk Is,òu:ks;()n Count') Manager's Offíc~ Office of Mafl3g~ment & Budget 12/6i200411:25 AM Michae! Smykowski Management & Budge1 Director Dute Approved By County Mnl1f1g~r''!Þ Offit.~ Offic~ of Managem(tI\t & Sudget 12/61200412:05 PM Cnunty Manager Dau! Approved By Jmnes V. Mudd Bourd of County CO 'f\m¡5~iot1er!i County Manag~r'$ 01ficE¡ 12t7/2004 4:03 PM :; II II Ii I II ; ¡ :I CO..,¡-..,¡- <CO,,- u:>OO iP' " ~ :¡ , ,. ~ ~ ; ~N..,¡- O"'¡-- Q) Z..-OJ z ....ro II! ;!; !i II! J! ¡;¡ E Q) Q.. II! ~ II wQ Q).D !:::!< ~ ::::.E (1JO ~ roQ) I: ~ t' II 9 II II II II ~ II ... --oÜ t' II; t' c:Q) ::;) ::;) Q)o w W OJ C!1 C!1 <C : R C!1 Ii ~ =" ;\ II : (! R =' a.. ~ :! I =" ~ S! ~ :! « §- " m :E: § .. .. + §.. § § ~ 1WII'r.J tJJ 'Mð'O ~ ~$! - g.(. :n 1(J.QGl}l ç¿, - 3L\!1A1lNI U) ~ ::I ª ~ i ~ z '" ; :::J ~~ * iö: '" i ~ ~Ql1Of( I Z- t; - III II ~ ~ ¡ t ~ "'~ !? ii ~ I; i I I ~mll i !ll S f ~ ~ ::¡ ~Ii ¡~ . ¡s "111; 'l¡j!î L~ - 1J!î 3W1 __ f ~ ICXLVIWIoi cormnn... IMIC1 ~I """ a.. ø F.! ¡ f i~t « ~I Ii .. Jim ¡¡II; ~ :E: :¡ ~!î ¡¡:~!î R J 5 5 8 In z Il.-ãl.~ ! 0 1W.~31V~ - J~ ~d ; II n ~ ~ I !¡ !î U Ut ~ 0 s ...J ¡j¡ ~t lQ it i i \ Ii iî q ~ i :¡ ,- - ,- Agenda Item No. 16A9 December 14, 2004 Page 1 of 5 EXECUTIVESU~RY Request that the Board approve the reinstatement of the PUD Amendment Process by the Department of Zoning and Land Development Review in order to allow for a PUD amendment to be processed in the form of a substantial modification to the PUD rather than through a total PUD to PUD rezoning process. OBJECTIVE: A request to obtain assurance of what staff believes was the Board of County Commissioner's previous direction to reinstate the PUD amendment process as opposed to the current policy requiring amendments to an existing Planned Unit Development (PUD) to be handled through a total PUD rezonmg. CONSIDERATIONS: As part of a series of LDC amendment workshops conducted between October, 2002 and May, 2003, the Board directed staff to no longer amend a PUD using a process where the PUD was amended by excerpting the portion of the PUD being amended by utilizing the underline and strikethrough process to reference additions and deletions. Such practice in theory prohibited the staff and Board from unilaterally pursuing and altering portions of the PUD for which no changes were sought. As directed by the Board as a matter of policy, the current procedure for amending a PUD is to repeal the existing PUD and adopt a new PUD, in effect rezoning the property from PUD to PUD. With input from the Office of the County Attorney and Carlton Fields, outside legal council, staff has reassessed the earlier practice of simply addressing the sections and language in a PUD using a PUD amendment process and now staff recommends that the County revert back to the simpler process of amending a PUD. In doing so staff will revise the PUD amendment process to more effectively track modifications to a document over time. On September 14, 2004 staff discussed the same issue with the Board specifically as it related to the Cocohatchee Bay PUD. At that time staff was directed to allow that PUD to proceed through the review process with a limited scope of review in the form of a PUD amendment. It was at thåt time that staff also requested that the Board direct staff to reinstate the PUD amendment process as a development order amendment option for any PUD. A review of the meeting minutes by staff does not reveal clear direction 1Ì'om the Board with respect to this request, although staff believes that was the intent by the Board As noted in the attached memo from Carlton Fields, dated August 11, 2004, practical, regulatory and legal issues with the current procedure of amending existing PUDs have been identified. Based upon these findings staff is requesting the Board to allow for the reinstatement of the policy allowing for limited review for the PUD amendment process. . SE-04-AR-5494 1 .......,."',,._-_, "...."'....__;,,¡.¡.._...;..._..'"'~m'·,·.',. Agenda Item No. 16A9 December 14, 2004 Page 2 of 5 FISCAL IMPACT: Reinstatement of the PUD amendment process will have a beneficial impact on the staff resources allocated to PUD amendment reviews and cOITespondently the base fee associated with the PUD amendment process is reduced from $8,000, the fee for a PUD to PUD application to $6,000, the fee for a PUDA application. GROWTH MANAGEMENT IMPACT: Regardless of the process decided upon, all PUD amendments are reviewed for consistency with the Growth Management Plan. RECOMMENDATION: To allow the reinstatement of the PUD amendment process consistent with staff's recommendation. Staff requests that the Board of County Commissioners approve this item which will provide clarification of what staff believes was their previous direction to allow the reinstatement of the PUD amendment process. _. - SE-04-AR-5494 2 Agenda Item No. 16A9 D.ocember 14, 2004 Page 3 of 5 COLLIER COUNTY BOARD OF COUN1Y COMMISSIONERS Meeting Date '16A9 Request that the Board approve the reinstatement of the PUD Amendment Process by the Departrnent of Zoning and Land Devclopment Revie ',,! if) order to allow far a PUD amendment to !)€ processed 111 the form of a l:illbstantial modification to the PLiO rather tl1an through a total PUD to PUO rezoning proc.es!1 12/14/20D4 9:DO:00 .A.M Item Number Item Summary Prepared By Date SU$an Murray, AICP Zoning & Land Development Director 1Z13i2G04 9:41:38 AM Community O(!VElIOpmflnt & f.nvironmt!'.!lfa 6ct'\lir.:œ¡¡ Zoning & Land De'J~lopment Review Approved By Sandn¡ Lnu E.xecutiv~ SC(:t'II:~t.uy Date! Community Development & Environmel1ta1 Services COn1ltJunity Development &. Environmental Services A.dmin. "12/31200410:04 AM Approved By CO~.'!>t¡ f ;;~~ Ä. Johnson OrmrnticHu; Analyr.t Date- CmnnlUllity D~tJ.!IDpJm~nt do En"imlltnenb.1 S~rvi<:~"'!> Comrnuníty Dev~lo,unent & E"vironmj!fltill 5erVΡ;f!!i Admin. 12/JI2004 10:32 AM Approved B,.· OMS CODrdìl13tor Adminis.trative Asr.istanl Dat~ County Manager's Offic.e Office 0' Management & Budget 12/3l2004\- 4;23 PM Approved By Mal'k b.;u~k~orl BlIdn,~t Anu!y~t Date County M;¡rutgm'~j Offi(:~! Offi<:«! ()f Man"!J~IfH!rlt & Bud!J,~1 121(;1200410:3.9 AM Approved By Micha~1 SmykDwski Management & Budget Director Date CDunty Managt!f',. Off~(:(I Qffic(! of M.magen-Icnt 8. 9l1dgf!t 12/:&/20041:26 PM Approved By ,Joseph K. Schmitt Community Development & Environmental Serviceä Adminstrator O;¡tu Community De....elopment & Environmental Sel"llices Community Devclopment & Environmental Servir:.es Admin, 1116/200412::01 PM Approved By James V, Mudd County Manag(!r Date B¡:¡,ud (If C(lunty Cl)l1Imis1>i¡meN County Manager's. Office 12/8i2004 1 :09 PM ~.J ¡7 · Agenda Item No. 16A9 p- - >O~ December 14, 2004 Page 4 of 5 CARLTON FIELDS MEMORANDUM .,.......; '::::::I' = J."- ~ c:: G") To: David Weigel Marjorie Student Nancy Linnen - ~ - Marti Chumbler 1-6'--' RECEIVED S~p . t, I 5 7004 ZONiNG DEPARTMENT ~~~~ -,:f/../ 6 '~'/~¿;, ~-~ .,t34o("~ cff t ..~ 9c1··¡ ?i~ :Þ:(~ -4 I' c;_ ::0 I ~~, ~:¿ From: Date: August 11 , 2004 Re: Further Discussion of PUD to PUD Rezoning --~-._._---_.- --.---- Over the lost month, you hove discussed with us on more than one occasion the Coun¡y's recent practice of requiring that any amendments to a PUD be handled through a total PUD rezoning, as opposed to an amendment in the form of a substOJ1tia! modification to the PLJD. We have expressed concern about this practice because it is fraught with possibilities for litigation over vested rights to complete the unchanged portions of the PUD as originally approved. .such litigation could potentially be brought by the rezoning applicants or by other owners within the PUD. Our major concern is that to require a total rezone on a PUD may allow the County staff or Commission to think it can unilaterally eliter portions of the PUD for which no changes are sought. If the developer has already contributed land, entered into Q development agreement, or begun development, the developer may have vested rights or a claim of equitable estoppel against the County. If so, the County cannot go back and unilaterally change PUD provisions that were approved earlier. The developer may have a possible takings or Bert Harris claim jf the Counly makes approval of a developer-requested change to a PUD contingent upon chantIcs to other, unrelated PUD terms. Additionally, there are several unintended consequences jf an existing PUD pr()vidc~ for a dedication of land to the County. By repealing the earlier rezoning and adopting a new ordinance, the developer potentially could make a claim that ¡he County would have to poy loday's values for any land dedicated, as opposed to rhe earlier ones. Thus, ~he polky of repealing the existing PUD and adopting a completely new one could have the unintended consequence of inviting rezone requests by developers whose reed purpose is to drive up the price of land set aside for dedication. Finally, il is often the case that PUDs have several owneró, including HOAs and P(}/\é" The County staff or the rezoning applicant may not be aware of other owners and the COil ,I:; may be making a change in C1 quasi-judicial hearing to property owned by q party not behr8 it. TAl#53Ó.<i4ï. t Agenda Item No. 16A9 December 14,2004 Page 5 of 5 We are not familiar with any local governments that require a total rezoning of the PUD anywhere else in the State. We cannot say that there are none, but we work throughout the State and haven't come across one before. In most cases, the PUD ordinance will define those amendments that are considered minor PUD changes. Minor changes usually involve neither changes on the beundal'( of the PUD nor changes to the density or intensity of development or the general plan of development. Minor modifications may be approved at staff level. More substantial modifications must be handled through a Commission-approved amendment ta the PUD. Given the number of PUDs in Collier Couniy, the necessity of looking at multiple documents in order to review the history of a PUD could become burdensome to the staff and could result in important factors relevant to the PUD change being overlooked. Consequently, we recommend that the PUD docl/ment be updated in strike-through ond underline format so staff, cîtizens, and the Commission are aware of the changes that have taken place. Modifications should be annotated such that one may track the revisions over time in a single document, as opposed to having to search through three or four versions. Each major modifkation results in on Amended and Restated PUD. Finally, iust because the developer requests modification of only one aspect of Q PUD does not mean that no other previously approved portions are subject to change. You simply need to look for a rational nexus between the requested change and any additional conditions the Commission now seeks to put in place. For example, if the PUD was approved as a mixed project and a developer later seeks to remove all non-residential use and replace it with residential use, that will change the trip capture rate for the residential portion. While the County should not subject already built houses to additional assessments or further concurrency review, it could include thE) previously built or platted units in a new traffic count and either charge the unplatted and new residential units the "catch up amount" or deny the change. In sum, we believe your ordinance con be read to require a PUD amendment and not a brand new rezoning and think that is the rnare appropriate way to go. We know the County is concerned about many decisions it has made in PUDs in the past but, to the extent rights to certain development activities have vested against the LDRs, the Comprehensive Plan, or application of newer policies, there are other ways to deal with those concerns. We don't think the staff or Board has toto I discretian to revise PUDs in a negotiated fashion given the current requirement fer quasi-judicial treatment of PUDs and PUD amendments_ Vie think that the better course is to simply move to a system of requiring omendments to PUDs. TAI.#536447. t 2 -'- Agenda Item No. 16A 10 December 14, 2004 Page 1 of 13 EXECUTIVE SUMMARY A recommendation to release and authorize the County Manager to execute a Satisfaction for an Impact Fee Deferral Agreement for Brittany Bay Apartments" Phase II upon receipt of a legally sufficient irrevocable letter of credit in the amount of $1,210,626.56 on behalf of CED Capital Holdings 2001B, LLC. OBJECTIVE: That the Board of County Commissioners approve a motion to release and authorize the County Manager to execute a Satisfaction of an Impact Fee Deferral Agreement upon receipt of an irrevocable letter of credit in the amount of $1,210,626.56 on behalf of CED Capital Holdings 2001B, LLC (CED), which the County Attorney's Office deemed to be in the proper fonn and legally sufficient CONSIDERATIONS: On January 14, 2003 Collier County entered into an Agreement for 100% Deferral of Collier County Impact Fees for Multi-Family Affordable Housing with CED Capital Holdings 2001B, LLC. The agreement was for the construction of a 208-unit affordable rental community known as Brittany Bay Apartments Phase II. The agreement sets January 14, 2009 as the due date for the $1,210,626.56 deferred ammmt. -, The primary lender on the project has required CED remove all outstanding liens on the property to ensure a primary position. Therefore CED has requested pennission from the county to payoff the debt of their impact fee deferral agreement early. CED has agreed to present the County with an Irrevocable Letter of Credit (ILC) in the amount of $1,210,626.56. The ILC is secured by a bank and is payable to the County on January 14,2009. Upon confinnation of the ILC being issued in the County's name, a legally sufficient satisfaction will be executed by the County Manager and meet the County's requirements as to fonn and legal sufficiency. The Collier County Clerk of Courts Office has reviewed this matter and determined that an IRC issued in the County's name is an acceptable fonn of payment to meet this obligation. The affordability requirements and res1rictions of the original Agreement for 100% Deferral of Collier County Impact Fees for Multi-Family Affordable Housing will remain in effect for the funIS-year initial tenn. FISCAL IMPACT: None, the original tenns of the Agreement for 100% Deferral of Collier County Impact Fees for Multi-Family Affordable Housing will be fulfilled through the ILC. GROWTH MANAGEMENT IMP ACT: The county's impact fee deferral incentive program for affordable housing serves to implement the goals, objectives, and policies of the Housing Element of the Comprehensive Plan. .-- RECOMMENDATION: That the Board of County Commissioners release and authorize the County Manager to execute a Satisfaction ofImpact Fee Deferral Agreement upon receipt of an irrevocable letter of credit in the amount of $1,210,626.56 from CED. Prepared by: Connac Giblin, Housing and GTants Manager Financial Administration and Housing Department ,"....,"."!".....'",..,..-, "".',,,"-"'~"-"-'-' .. Agenda Item No, '!6A10 December 14, 2004 F'~ge 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 15A10 Meeting Date A recommendation to release and authorize the County Maneger to execute a Satisfaction for an Impact Fee Deferral Agreement for Brittany Bay Apan.rTlßr.ts, Phaso II upon fI!!Celpt of a legally s.uffici..;nt ¡lTevocable letter of credit fn the amo~'"t of $1.2·10,626.56 on behalf of CED Capital HoJdirgs 2001 g, LlC 12/14120049:00.00 AM Prepared By Date Connac Gfbiil1 Housing Development Manager 12f712004 5:03:04 PM CDmmunity Oev<!!Jopment & En...ìronmenlal Service :; FinóJl1cíal Admin. & Hous,ing Approved By Om.ton Buker Fjoandal Admin" Housing Director Date Community Dc........elopment & Environmental SelVices Fi,wnçjai Admin. & Hom¡jng: nnf7004 5:13 PM Approved By Sundr<l l.ea EXI!C'ltiVf! Se(.relury Cormnunity O(!vl!l(lr~mf!"t &. Environrm!tlt4l1 $t!rViCf!S A.dmin. rhl1e. Community I)l!!vHjopml~nt" Envirotlment¡d SNvi(:o!!-." 12/8¡2oa,¡ 9:31 AM Approved By JO:lieþh K. Schmitt Community Dp.velopnnmt & Environmental Service~ Admins\rBtor Dtltll! C(lmmunity D~Yelc"pmmlt &, Environtlnmtal Service$. Communilv Development & Environmen1nl ~",ices. Admin. 12/8'200'" 9:39 AM Approved By OMS Coul'din;a1;1)1' Adn1Íni!iotr<ttiviU Auìst."1ot Dut'O!' County Manager's Offiel! Office of Management & Budget 12/8/20049:47 AM Approved By Mic.haC'1 Smykowski Managmnent 8. Budget Oirector [Jute Coun~y M.mngcr's OffIce QUict! 01 M"'niil!J~rn~n1 '" BlJd.g(~t 12Jaf2004 1>4g PM Approved By James V. Mudd County Manager OatH Board of CQunty Commisgioners County Mana9~r·$. Oftjc~ 12/t\.'200", 5:0D PM Prellarcd by: Patrick G. White Ass't. Collier Cty. Att'y. 3301 Tamiami Trail East Naples FL 34112 311 ^~41 ORtg3~~~J~ RECOROED in OFFICIAL RECORDS of cOL~eceuR1y121L 01/21/2003 at 03:55PM DWIGHT E. BROCK, CLERK REC FEE 51.00 COPIES 11.00 Retn: FINANCIAL ADMIN & HOUSING I!!TEROFFICB ATT!!: LAURBN BBARD{403-Z338! This space for recording AGREEMENT FOR 100% DEFERRAL OF COI,LIER COUNTY IMPACT FEES FOR MULTI-FAMILY AFFORDABLE HOUSING This Agreement for the Deferral of Impact Fees is entered into this ¡ 4tt'day of .)An LAGl If 2003, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and Brittany Bay Partners II, Ltd., hereinafter referred to as "OWNER," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolìdated Impact Fee Ordinance, as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for the deferral of impact fees for new multi- family, rental dwelling units which qualify as affordable housing; and \VHEREAS, Jay P. Brock, as Manager of CED Capital Holdings 2001 BLLC, a limited liability company, as General Partner of Brittany Bay Partners II, Ltd., the OW!\TER's duly authorized agent; and WHEREAS, Brittany Bay Partners II, Ltd., has applied for a deferral of impact fees as required by the Impact Fee Ordinance for the Brittany Bay Apartments, Phase II, hereinafter referred to as "PROJECT," and a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his desigriee, has reviewed the OWNER'S application for the PROJECT and has found that it complies with the requirements for an 10f8 u¡./ OR: m~el~e~~~~6~ Page 4 of 13 affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance; and WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of One Million Two Hundred Ten Thousand Six Hundred Twenty-Six and 56/100(1,210,626.56)} for six years from the first date that the impact fees were otherwise due and payable for the PROJECT; and WHEREAS, the Impact Fee Ordinance reqmres that the OWNER enter into an Agreement with the COUNTY; and WHEREAS, pursuant to Section 74-201 E.1.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Deferral Agreements on behalf of the COUNTY; and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating Affordable Housing. NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as fo11ows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit. "B," and both Exhibits are incorporated by reference herein. 3. TERM. The OWNER agrees that the Dwelling Units shall remain affordable and shall be offered for rent in accordance with the standards set forth in the Impact Fee Ordinance for a minimum term of fifteen (15) years commencing from the date a certificate of occupancy is issued for a particular Dwelling Unit; and that the term of the requirement to pay the PROJECT's 2 of8 v/ OR: :rnY~e~~e~21.~~6~ Page 5 of 13 impact fees will be deferred for six (6) years from the date of the impact fees being due and payable. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: A. Each Dwelling Unit will, during the term of the Agreement, be the permanent residence of a qualifying occupant/tenant. B. At the commencement of any leasehold and throughout the duration thereof, the households renting Dwelling Units must have a very low or low income level, as those terms are defined in the Impact Fee Ordinance; and the household's monthly rent must be within the affordable housing guidelines established in the Impact Fee Ordinance. C. Each Dwelling Unit must remain "affordable" for at least fifteen (15) years from the date its certificate of occupancy was issued. 5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit renter which originally qualified as very low or low income level as defined in the Impact Fee Ordinance increases by more than forty percent (40%) above the maximum low income level described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non- compliant unit shall become immediately due and payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or six years from the date such impact fees are deferred, whichever occurs first, the impact fees deferred shall be immediately repaid to the COUNTY. OWNER agrees that even though the impact fees may have been repaid to the COUNTY, the OWNER will continue to utilize the 30f8 / OR: ffO~e~be~~1~¿~ Page 6 of 13 Dwelling Units for affordable housing for at least fifteen (15) years from the date the first certificate of occupancy was issued for a Dwelling Unit. 6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to the Housing and Urban Improvement Department an Affidavit attesting to compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by any other state or federal agency will not be required to file this separate affidavit of compliance with the County Manager. 7. LIEN. OWNER agrees that the dollar amount of deferred impact fees, commencing on the effective date of tIlÌs Agreement and continuing until paid or released, will constitute and be a lien in the amount of One Million Two Hundred Ten Thousand Six Hundred Twenty-Six and 561100 ($1,210,626.56) on the PROJECT'S property and Dwelling Units which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of, a security collateral being provided by the OWNER to the COUNTY, that all of the COUNTY'S lien rights and any other interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the PROJECT. Except as elsewhere noted in this Agreement, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other person except that this lien shall be on parity with any lien for COlmty taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including but not limited to, a release of lien. 40f8 / ( v/I OR: 31ð~el'~e~~11~6~ Page 7 of 13 9. BINDING EFFECT. This Agreement shall be binding upon the Parties to tills Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Col1ier County, Florida within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement: A. if OWNER fails to rent the property in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of\\-TÍtten notice of said non-compliance, B. if OWNER continues to violate one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of such violation, or C. with respect to the Annual Report, once a fifteen (15) day grace period from the date of the report being due has expired, the OWNER will thereafter be in default. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: A. Should the OWNER of the property: 1) fail to comply with the said qualification criteria at any time during the fifteen (15) year tenn; or 2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred shall be paid in full by OWNER to the County within thirty (30) days of written notification of said violation. 50f8 / OR: m~e]tße~tiS~6~ Page 8 of 13 B. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. C. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 13. As the amount of impact fees being deferred by this Agreement is an estimate based upon projected impacts which will not be precisely known until building permits are issued for the subsequent construction of the units contemplated as part of this Agreement, the OWNER and COUNTY acknowledge and agree that either Party may be required to make adjustments for payment of any impact fees which may be due above and beyond the amount of this deferral. Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of the deferral of impact fees that would otherwise be due and payable upon issuance of the required building permits. 60f8 / OR: 1~cP~e~á:t£j¿~ Page 9 of 13 IN \VITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. (2) Witnesses: OWNER: Brittany Bay Partners n, Ltd. ~J. By: CED Capital Holdings 2001B, LLC, a limited liabilit company, its general partner ;/'~ ';/:'/ . / ~./:?t~~/\Tk~ c( J17:úJti1 Print Name ¡.(Q(i¿e/ììc\ ,/..., /r¡c\,tt(rf,~ I ' By: Jay P. BI ck, Manager of CED Capital Holdings 001 B, LLC (CORPORATE SEAL) ST A TE OF FLORIDA COUNTY OF Or0JN!J0 The foregoing Agreement was acknowledged before me this \4~ day of J~~ , 2003 by Jay P. Brock, manager of CED Capital Holdings 2001B, LLC, a limited liability company, as general partner of Brittany Bay Partners II, Ltd. He is personally knówn to me. Ow ~ ,:-········...ÅVÅ CommIsaiaft. DDOt3tOM : ,,~ Expires 7I4l2OO8 . ,'~'~ Bonded ~ i 111\\\'1.' ....__. ....... : (800-45?'4"54) Florida Notary ......... -.... . .......... ;-.. .:;. ..1... ......... ...............n....... Signature of person taking acknowledgment -Y\J Ov e\orADV\ Name of Acknowledger Typed, Printed or Stamped 70f8 t' OR: ~1~ac~e~~~~¿~ 'f"~ge'Í'Ô~r 13 ,- COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA "._..C_"__'h',_.~ /' ... ) /i "" ,<' / , "" ..-, ,·c,~ "" Lb" " f ,/ <")' hr'>" ,/¢/ BY' i ~.>_ "t ,"'1..,7'" ,¿;7 . *'_h""""'''~ '. !.. AMES V. MUDD COUNTY MANAGER STATE OF FLORIDA COUNTY OF (!r:.J III "" t"" The foregoing Agreement was acknowledged before me this ,d I sf- day of)ã/~,-...":''-'L^' , 2003 by James V. Mudd, County Manager, on behalf of the COUNTY. He is personihv !m9wn to me or has produced (type of identification) as identification. ~j ,"ìÞ:~lh, Lauren J. Beard ;/;~~::. Com!TIission #DD159084 :'''Å' ')):..~ ExpIres: Oct 24,2006 ";:~ÒF.~~~ Bonded Thru ",,,,,, Atlantic Bonding Co., Inc- Signature of pers L t:.l¿(" r e.f") '~T ('"B('", 0 n-l Name of Acknowledger Typed, Printed or Stamped Denton Baker, Director Financial Administration and Housing Patrick G. 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" '.. c.:: > 8 z r::: ^ :E ð I [i ì - ~; \ a'l ' , r ~ '" EXHIBIT "B" ~ ~~ "" ~~ ~~ ~ ~......-.L---::- _........-...._..~.-...-. n_..~~__.____....._._._______·________~___-~~-;____·_n- " ---.... ~ÚI* OR: 1ztarJ~e~8ît6!** Page130f13 Exhibit "C" Brittany Bay II Collier County Impact Fees Fee Rate Unit Total Community Park $571.02 208 $118,772.16 Regional Park $249.82 208 $51,962.56 Library $214.00 200 $42,800.00 Library $238.00 8 $1,904.00 Road $1,800.00 208 $374,400.00 School $827.00 208 $172,016.00 EMS $93.00 200 $18,600.00 EMS $104.00 8 $832.00 Jail $117.98 208 $24,539.84 Water 208 $181,200.00 Sewer 208 $223,600.00 Total 1,210,626.56 ~./ Agenda Item No. 16A 11 December 14, 2004 Page 1 of4 -., EXECUTIVESU~Y Request approval by the Board of County Commissioners for an additional amendment cycle for the 2005 calendar year to address urgent amendments to the Land Development Code regarding Sidewalk issues pursuant to the requirements of Chapter to of the Collier County Land Development Code. OBJECTIVE: To request that the Board of County Commissioners (BCC) approve an additional Land Development Code (LDC) amendment cycle for the 2005 calendar year to begin on January 7, 2005 and ending on March 22,2005 as amended, for a total ofthree (3) LDC amendment cycles in 2005. CONSIDERATIONS: - Amendments to the Collier County Land Development Code may be made not more than two times during any calendar year as scheduled by the County Manager, except amendments to this Code may be made more often than twice during the calendar year if the Collier County Board of County Commissioners, by at least a super-majority vote, directs that additional amendments be made for specific purposes. At a workshop held on December 7, 2004 the Board directed staff to draft an executive summary to place an agenda item on the next Board of County Commissioners meeting to provide for an additional amendment cycle in 2005. The additional amendment cycle is needed to address urgent LDC amendments to sidewalk regulations contained in Chapters 6 and 10. The topics discussed at the workshop included amendments adding language to combat interconnectivity issues, including payments in lieu of construction of sidewalks, when appropriate. The Board had previously directed staff to develop a system to deal with sidewalks leading to nowhere. The Board also agreed that any other needed urgent amendments, as detennined by the Administrator of the Community Development and Environmental Services Division, could also be heard during this amendment cycle. ,- SE-04-AR-5494 1 "..,...··.,""',"',_.,....~,,__~.,..,,"U"_,.·_,_,.._.'_,," Agenda Item No. 16A11 December 14,2004 Page 2 of 4 FISCAL IMPACT: The proposed amendments to the Land Development Code will be a cost effective solution for the County and for developers, as it will create a source of revenue for the County instead of mandating sidewalks where they are not feasible. GROWTH MANAGEMENT IMPACT: Will implement the Collier County Comprehensive Plan's Transportation Element, Goall, Objective 4, and stated Policies thereunder. STAFF RECOMMENDATION: Staff recommends that Board of County Commissioners approve a motion by at least a super-majority vote authorizing an additional (third) land development code amendment cycle for 2005 pertaining to the above-stated subjects and that would as best as possible follow the timeline set forth above. Preoared by: Susan Murray, AICP, Director, Zoning Department - - SE-04-AR-5494 2 Agenda Item No,16A11 December 14, 2004 Page 3 01 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16A11 Request approval by the Soard of County Comm!uioners for an addition a! amendment cycle For (he 2005 calendar year It> address urgent amendments to Ih~ Land DelJelopmenl Code regarding S\dewalk issues pursuant to the requirements of Chapter 1D of the CoWer COllnty land Development Code 12114!2004 9;0000 AM Item Number Item Summary Prepared By Date C0I1$1aoce A. Johnson Ope:ratione. Analys.t 12/g.'2004 11:15:22 AM Community D'f!'velopm*':nt 8. Env¡ronment~ Servir:f!s ComrTlunity De-Yf!lopnwnt & E:nvirontmntdl Services Admi". Approved By Community Dm.'elopment & En",ironmental Sal'Vict!s E. ((~c:uti"e St~,;n:!t3ry Community Development & Environmel1tal Servìc:e$ Admin. P:1tt~ Sa.ndr>! Ln.1 1218/2004 11 ;25 AM Approved By Joseph K. Schmitt Cornrnunify D~vel(Jtlfn¢:t1t & Envjronmen(al S(Jr.'icc$ Adminstra.lut Date Community De\lelopment & Envir(Jrm\lmtu! 5ntvÍ!:l!l; Community DevelDpment & Et'lvit"{llImrffit;.1 Sl~r\lic:es AlhnitJ. 121'812004 11 :57 AM Approved By Michael Smyk?wski Mana.gt!'t1\cnt & Budget Director Date County ManiJger'1ii Off tee Of1iCE\ o-r Management & 8L1d.ga1 1216120041:51 PM A pproved By James V. MUlti! County Ma.nager D~tt! Board of County Commis!òiot1ers County I%mager'.$ Otfic~ 1Zf8f2D04 4;47 PM Meetiue- Dav Date Tin!£ Bee Workshop Tuesday Dec. 7 9:00 a.m. Submission Deadline Friday Jan. 7 8:00 a.m. eepe Thursday February 3 8:30 a.m. eepe (optional) Thursday February 17 8:30 a.m. Bee Tuesday March 8 9 :00 a.m. Bee Tuesday March 22 9:00 a.m. SPECIAL CYCLE (SIDEWALKS) - PROPOSED LDC AMENDMENT SCHEDULE Agenda Item No. 1 December 14, ~ A Page 4 of 4 CommUnity Development & Environmentat Services Agenda Item No. 1681 Decernber14,2004 Page 1 of 9 ,-' EXECUTIVESU~Y Recommendation To Approve Award Of Rid #05-3691, "Roadway Lighting Components" To Multiple Vendors. Objective: That the Board of County Commissioners shall award Bid #05-3691, "Roadway Lighting Components," to multiple vendors to supply necessary components and equipment for the maintenance and repair of arterial lighting fixtures. Considerations: The Collier County Purchasing Department posted Bid #05-3691, ''Roadway Lighting Components," on September 20,2004. Invitations to bid were solicited from 84 vendors, and four responses were received by the bid opening date of October 28, 2004. The vendors who responded were: Hughes Supply, Inc.; Consolidated Electrical Distributors, Inc.; Grainger Industrial Supply; and R.J. Steedman, Inc. Staff recommends awarding different portions of the bid to each vendor based first on Category, then by lowest bid in the selected category. Fiscal Impact: Funds for annual arterial lighting maintenance and repair have been budgeted in - the amount of $50,000 for Fiscal Year 04/05 in the Traffic Operations Operating Fund (101). Growth Management Impact: There is no Growth Management impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners award Bid #05-3691, ''Roadway Lighting Components" to Hughes Supply, Inc.; Consolidated Electrical Distributors, Inc.; Grainger Industrial Supply; and R.J. Steedman, Inc. PREPARED BY: John w: Miller, Field Supervisor, Date: November 16.2004 Attachments: Bid Tabulation, 05-3691 Recommended Award List - .., ----"...,.,---"',-~,.,.,.- Agenda Item No. 1681 Decernb., 14, 2004 P;1ge d. of9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Muting Dot. 166' R.l!COmmenualÏon to Approv~ AWlird 01 Bid .05·3691, YRoødwøy Ughling CQfT pon0nt5~ to Muniplft VendoJ'¡ 12/14/200.4 Q:DO:CO AM hem Number Item Summary Prepared By 0... $hi!:lIa Car'IVf~ry lrnffic S¡gnn lm(:h"ÎC:lan 11/1ßf2C104 3:17:20 PM Tran&portion Servíc(l1 Tril1'flc Operat!Oh'/ ATM Approved By NQrm E. Fed~r, hlC .'! TrlnsþOrtation Division Administrator Date T r.nffportIQ" Services Tu....port.IiDn 9f1ryj(;t!$ Admin, 1'11161200" 3:33 PM Approved By Arend. Hrllhllrt PUlt.h.aøing Ag~nt 0... Admln¡sttatlve S.t'l'\Iif ~S Pl.lrc!ulII¡\rlg 11/1712004 H:3B AM Approved By StlWe Carl'll!lll Purchuslng/Gfl,rl.lual s,VIJ:# Dlr4lctor Du" Admlnlatratlvlt Stlr,¡j(.lo$ PurchuinQ 11/17120004 1 :S~ PM Approved By Robert W, Tipton, P.E CalJnty rr,,"lc Operation" Engineer D..te lr.naf)(.IItl(1h $elv¡cl!:I!i. rllnic Df)e-riltionli( ATM 11122f200' 11:55 AM Approved By Sh~rQn Newrnnrl Ar:toountlng Supervh¡r)r Date TrD'Ulportlon Se-rvic:u lranliportation Adminialration 11r24/2004 !II:S:; AM ApprDved By Pat lel'tnhllrd Executi.....e Secretótry Date Tròl"l!pÐrtft~lan Servi<:ltll Tr.an.por 'ntlan 5r.rvlceø Admin 11/.'i0/2004 9:10 A.M Appro.ed By OMB CODrdtnJilnt Admit'isnl1tivl! Äui..,.hmt Data c()U"ty M..".ger'$I )tt'ice Office! of M."agernent & Budget 12/2/2U04 9:55 AM Approved By Mic.hael Smykowtkl Managemen1 & E:SlJdget Director Dllte County Man..gf!r't. Office OftiG( 01 M.nAgftmltnt & [o .udgnt 12.f3/200~ 8:32 AM Approved By J.llfneli V. 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CD fI) II) Iii ... CD c >.e~~ 8~l!t CD = ;:, u CD CD II) >c fI)..I.5w .._._"---,--,---.~_.... Agenda Item No. 1681 December 14, 2004 Page 8 of 9 (C - o co Q) C) (\ a.. 1:: nI Q) .l:,.o 'E~ CDJ: ~ Q) c: ;: Cl)VJ 0- CD .. III ., III - Q) c: c: CI)_ ~~ Agenda Item No. 1681 December 14,2004 Page 9 of 9 Recommended Award of Bid #05-3691, "Roadway Lighting Components" Hughes Supply, Inc. Consolidated Electrical Distributors, Inc. Grainger Industrial Supply R, J. Steedman, Inc. Bolt-on arms (Cere 1018, 1022, 1024, 1026 & 1028); Galvanized arms (Cere 1040, 1042); TB 1. 2. 3 (cere 1048, 1050, 1052); Luminaires (Cere 2000, 2002,2004,2006,2008,2010); Photoelectric cell (Cere 2020,2021,2022, 2023, 2024, 2028, 2030, 2031); Ballast Kit (Cere 2034, 2036); Ianiter (cere 2038, 2040); Fuse Neutral (Cere 2042); Fuse holders (Cere 2048, 2050, 2052, 2054); Surqe Drotector (cere 2056, 2058); Disconnect (Cere 2060); Lamp (Cere 2070); Livingston Rd Licht Fixtures (Cere 2100, 2102, 2104, 2106, 2108, 2110, 2112, 2114); Lumec Ballast Kit (Cere 2186). Luminaires (Cere 2012, 2014, 2016); Lamp Holder (Cere 2032); Fuses (Cere 2044, 2046, 2064, 2066); Enclosure (Cere 2062); Immokalee Liqhtinq Fixtures (Cere 2072, 2074, 2076, 2078); Ballast Kit (Cere 2116). Endless slings (Cere 2300, 2302); Liftina Hook (cere 2304); Hard Hat (Cere 2306); Full Bodv Harness (Cere 2308); Lanyard (Cere 2310). Aluminum Poles (Cere 1000, 1002, 1004, 1008, 1012, 1013); ClamD-on arms (Cere 1016); Breakaway CouDlinq (Cere 1054); Mediterra Decorative Liqhts (Cere 2130, 2132, 2134, 2136, 2138, 2140); East Trail Decorative Uqhts (Cere 2150, 2152, 2154, 2156, 2158, 2160, 2162, 2164, 2166, 2168, 2170, 2172,2174,2176,2178,2180,2182,2184). Date: November 10, 2004 Agenda Item No. 1682 December 14, 2004 Page 1 of 4 ~-- E'S-~cunVE .UMMARY Recommendation for the Board'. approval to reject all bids received under Bid IfM.. 3IHR ''Clearing, Grubbing and Tree Trimming Removal Services". OBJECTIVE: That the Board of County Commissioners reject all bids received under bid #04- 3595R for "Clearing, Grubbing and Tree Trimming Removal Services", CONSIDERATION: Original bid #04-3595 was publicly posted on December 24,2003 with notices of invitation to bid sent to eighty-seven (87) vendors of which one (1) response was received by the due date of January 14, 2004. The bid responses received are as follows: Forestry Resources Vegetation Management Inc, Road Maintenance staff recommended to reject bid and re-solicit for said services because staff believed the posting date of December 24, 2003 and the due date of January 14, 2004 were signifICant factors resulting in only one (1) bid. ,- Bid #04-3595R was re-advertised and publicty posted on May 25, 2004 with notices of invitation to bid sent to seventy-seven (77) vendors of which three (3) vendors, Southern Services, RJP Enterprises and Core Services submitted complete bid packages. Bid opening was on June 16, 2004. As per the Purchasing Department's directive, Road Maintenance requests to reject all bids received under bid #04-3595R based on the existing contract for "Exotic Vegetation Removal,· which will provide the services that Road Maintenance is seeking. It is staffs recommendation to reject all bids received under Bid #Q4-3595R ·Clearing, Grubbing and Tree Trimming Removal Services". G~wrH MANAGEMENT IMPACT: White these contracts have no direct growth management impact, they are consistent with the County's long-term growth plans. FISCAL 'MPACT: There is no fiscal impact resulting from the recommended action. RECOMMENDATION: That the Board of County Commissioners rejects the bids received under bid #04~3595R "Clearing, Grubbing and Tree Trimming Removal Services·. Prepered By: Anthony "Rex- Wlggina, Supervisor of Road Maintenance Contracts and Projects, Road Maintenance - ,.,- Item Number ttem Summary Me.ting Dati Agend. Item No, 1682 December 14. 2004 Page 2 of 4 COLLIER COU.NTY BOARD OF COUNTY COMMISSIONERS 1662 Recommendation 1m· Bl.1ard approval to r(l jt'Jl':f øll bids rer.ciVf;ld under Bid Jro4·359SR "Clearin!~, Grubhlng IInd Tree Trimming R¡t mov.al 5~rvicl'J~." 12114120049:00:00 AM Prepared By SupctlVtfjn(M COhtr,ct" " Proj(tcl. 1111~I2¡:'04 3:28:59 PM Anth""Y R. W1øßin" Tunsportiotl $erv¡c.,.. C.atn RDad Maint«nillncl!' Rook",in r"¡;aufh ACCQuntinça Technician Dillte Approved By Tt."5pottioT1 Sltrvh:eolJ TraMportiltlQn Admi.,I$ tfltlon 11(16/200' 8:.4-1 AM Approved By 8renrtfi Brllhftrt AdmlnlGtrutive 51fr'VICft5 Ptlt<:hu1no Aonnt 0... Purchasing 11N8('lOe4 2:31 ~'M Road! . M;a ntfwanC/!I 8up.rmtfindant O lt~ Approved By JOt1tl VUø1 Tr..uuportion S~rv¡r.:t!$ Road Maintenance 11122/200.41:3.4 PM A<,.r.(1U!'\\II'tU SuperviøDr Dlht Approved By Sh,uon Nnwm.n ·Jr..,s,)OIt~(lt1 Set¡¡¡j:el 1rlll'''purtiliIiDII Admin 1õtl.tlon 111241200. Q:46 AM Stf!Vft Carll!!!! Pi.JIc:nll"111 ~lGl/1l1ftr.' SVC$ Oi,.cto, Datil A ppr...d By Adrnlnl6ltratìve SDrvic'e!' Purch..lrlg 111:.!9n000110:Jð AM Steve Curnen Purchnlng(Oeoneral ßvca Dlrector Oat. Approved By Adm nistrtltlvlt Servin". Pumhõt$i"Q 11J29/200.4 ;0;.18 A.M Approved By NOfm E. r·miflr, AICP Tran5portiofl aervK~e!J. 1'ròln..þorl'atlC'lM [')!vl..IOf\ Adrnif!Îsh.tm Ont" Tt;lnø.portatjon Service.. Admin. 1213120046:16 AM Pat Leh...hard E e¢uti....e Secretary DiII'e Approved By Tr.n.port.l1iøn Se"""C4I4 Tr.möportation Serv¡ces Admin 1 ;UJJ2004 .e:~Ð AM Approved By OMS l~oordln"tr)T COU"1:Y MiI""9«r'. ()"Ic:·e AtlmìniwtratlvfI Aw.l"t..n1 Dot. Office of IVhttl.1tgtrnl4!nt & Budget 12131200.4 II:oIt9 AM MI~h..ftl 6mykowMki M;tll'fgtrl'l'lof!nt & I!uliget "~rt~c.tc)/ !Jntl: Approved By County M..nflg!!!r'. Offlr.1f OfficI'!! O'f M"'"'.!ill!lm~"I. & BudQ!!!t 12/3/200....1:07 PM Approved By .Iamos V. Mudd Ro.rd c;of Cuunty CQrnm¡lnìo","'~ County Milln",,"'r Dlltp. County M.nAg(lr'$ Office 1213/1.004 3:50 ~M NVV COO_ co 0,.0 (') ...-NIM ci v-~ "Ö Z"'-IC1~ E ã3' ~ Q) .0 en CD ::::E8a:: ro ~= f/J "OQ)OCD c: OZ CÐ ¡g, .1! « 0 ro a.. ø c: "g(!; .- 0 ~N X - CD CD a::.... G) .. c: ~ :;, CD., ~.. c: CD CD :::I :EO 1J-æ 'ë'0 a.. 5 .~ CD rJ) 1i ~ E G) a:: C) c: Ë E ~(!; 10 ~N CÐ c: a:::8:E II):::I¡ œ'- 11)" (') - ~ .r a.. ~CD iDüo I II I ! 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'0 wc s.!- >~ f5:¡; (/)c I&.'C ot!) wll1. o..E ~;; .'-- -.-.-, --.- g _ ci .- o ~ .... ~ añ ..- ~ en -- -- '- --" ,,," r--- Iri ~ ~ a> Z Q) ~ æ Ch t/) :E w !::: w z ::¡ ..J ~ I&. o ..... ~ ~ Z , Z \~ I ~i¡ t~ I~ o..cø '5."2 E Q) 2:g 0..1« "2 ::J ~~ ~:! ~CI) cø ::J .s::;Ch 0·· .ö.J~ C Q t~ ,-_.-,,, 1--'·,-..· -- Agenda Item No. 1683 December-14,2004 Page 1 of6 ~- EXECUTIVE SUMMARY Recommendation to approve a Resolution to reduce the speed limit on New Market Road to 35 mBes per hour for the section from Jerome Drive to Hendry Street and 40 mBes per hour for the section from Hendry Street to State Road 29 (North 15th Street) at a cost of approximately $400. Objective: That the Board of County Commissioners approve a Resolution to reduce the speed limit on two sections of New Market Road. Considerations: On October 15,2004, Traffic Operations staffperfonned a speed study and field evaluation of New Market Road in Immokalee, from Jerome Drive to State Road 29 (North 15th Street). The subject roadway is a two-lane, two-way road in a commercial and residential area. The current speed limit on this road ftom Jerome Drive to SR 29 is 45 miles per hour. Analysis of the speed study and field evaluation, in conjunction with the Traffic Operations Directors review, concluded that a speed limit reduction to 35 miles per hour was appropriate along the section of New Market Road between Jerome Drive and Hendry Street, and that a speed limit reduction to 40 miles per hour was appropriate along the section of New Market Road between Hendry Street and SR 29 (North 15th Street). This recommendation is made in .-. accordance with FOOT requirements. Fiscal Impact: The estimated cost of installing the four necessary "Speed Limit" signs is approximately $400. Funds are budgeted in the Traffic Operations Department operating fund 101. Growth Management Impact: There is no Growth Management impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners approve a Resolution to reduce the speed limit on two sections of New Market Road, authorize the Chainnan to execute the Resolution, and authorize Staff to erect the appropriate traffic control signage. PREPARED BY: Steve Yu, P.E., Senior Engineer, Date: November 16,2004 Attachments: Resolution Speed Limit Study on New Market Road (10-15-04) & Map of Area Original Documents Checklist & Routing Slip ..-- - Itlm Number Itlm summary Muting Dot. Agenda Item No 1683 December 14 2004 Page 2 f.lf6 COLLIER COUNTY ßOARD OF COUNTY COMMISSIONER5- 1683 Recommr.fidalion to approve" RfU',olution to reduce the speed limit 0., Nl!lw MarkefRnad t(l 35 mile5 per hOIJr for the section from J~mmf' Drive to Hendry Street rind 40 mUes per hour for tht!: $ection from Hendry Strcet to St"lle RuucJ 29 (North 15th Street) (It iii CO¡¡t of approxlma,ely MOO, 12/14120049:00,00 AM Prepared By Troff!l: g~" 111 T~(:hnlc;ìnn 11122J200.( 11:0D:.9 AM SheUnCol'I....ery iu.,npcrtion Servie..t1. Oat. TraffIc Op&ration.1 ATM Robert W. Tipton, r.E, County Traffic Operation" Engineer Date Approved By Tranapor1inn Servic$'" Traffic; Operlrl:fona/ ATM 11/2:2/20041:49 PM Approved By Shraron Nøwmlln Trunllpt)rtion SClrvicetl Accounllng $\lf>tIr\(¡ sor Dat. l'f'aO$iþortiltlon AdIYI!nltrtrahull 11JUrlG04 10'.44 AM Juff Klaf:kow ÄuisUlnt County AnL;>rn"y D... Approved By Co\mt~ Attcrl1ey (:o~.,..ty Attom...y OtfiC1þ 1112.$J?OO410:S8 AM Norm E, Fr.dtlT, AtC? Tr.1rl,porlfttlon Oivi$.¡QI'I Administralor Datp. Approved By Tr.ntlll)()r1lcltI Sltrvll:flli Trll ,\lfllUltJIIlh)1I SClT\lic:e.. Admin 12r'3f2( U4f>:;'Jß A.M Approved By H.utJlllrø.l...P!Clrrtl Transpor1:iol1 Serv¡cu M.n"( fHnl~"t{Ø\jdultt An.. ym: 1)"t4\ Tr¡¡n.þort-l'tIOM Dperation. 1:.!!3/l004 8:16 AM Execut!ve Secretary Date Approved By P:1t Lehllhard Trilflllpl.'lrfation !l;ltrvlc;«ttf Ttans~or "t!cm St~r'/lc.ø Adm~f'\ 121;lf20D4 8:35 AM Admlt~i.lrat v.~ Auhil~nt Ontn Approved By OM f) Goowin,1I0I County MaH'.Yf!f'tI OfficI! [;lrtlce of M""n.:lgnlnlllll & (iudQet 12f3!20(}.4 9:41) AM Miçhael Smykowskí M«nl&ufttnent & Budget Diret.."tor Date Approved By County Man.gnT'" Officer OffiCCt 01' ""an.(Jltmant & Bodgot 12/3/20041:1. PM Approved By Jaml!& V, Mudd ÐQOItd of C~1I. nty Comm¡sll¡øn~rtl (;Ollnw Man.gar Dat. <:oLlnty M¡uUlget'a Ofti<;t> 12J3J2004 5:29 PM .-...~._.._._---_.__._-~-- Agenda Item No.-16B3 Decennber14,2004 Page 3 of 6 Memorandum To: From: Steve Yu, P.E., Senior Engineer Robert W. Tipton, P.E., PTOE, Traffic Operations Director Date: October 18, 2004 Subject: Speed limit Study on New Market Road (from Jerome Dr. to N. 15th St.) A speed limit study and field evaluation for the referenced roadway was carried out. The findings and suggestions are as follows: 1. The subject roadway is located in the Immokalee city between Main S1. and N. 15th S1. it is a two-way, two-lane road in a residential area. An agricultural farm market is located just off the road. The current existing speed limit is 45 MPH for the section from Jerome Dr all the way west (north) to N. 15th St. (SR 29) and 35 MPH for the section from Jerome Dr. to Main S1. This study is focus on the section with currently posted speed limit of 45 MPH. 2. The speed measurement was conducted at two locations: location #1 Îs at New Market Road @ lee ST and location # 2 is at New Market Road @ Dade ST. The field speed data of both locations are attached to this Memo. 3. The field test drives have also been conducted as a part of the study. 4. The data collected from the field shows that the 85th percentile speed at location #1 is 42.9 MPH on the eastbound and 42.6 MPH on the westbound traffic. The 10 MPH pace is 34-43 MPH for both directions. At location#2, the 851h percentile speed measured is 39.9 MPH on the eastbound and 37. MPH on the westbound. The 10 MPH pace on location #2 is 32-41 MPH on the eastbound and 30-39 MPH on the westbound traffic. Transportation Services Dlv;s/{)n TranspOrlation Operations Department Traffic Operations Section ·..._-~. Agenda Item No. 1683 . December 14,2004 5. The FOOT document "Speed Zoning for Highways. Roads, and Streets in Florîda"Page 4 of 6 states: A speed limit should not differ from the 85th percentile speed or upper limit of the 10 mi/h pace by more than 3 mìlh and it shall not be less than 8 milh. (FOOT Manual Number 750-010-002, 1997 Edition) 6. Analvsis: At location #1, the measured 65th percentile speed of 42.9 mph on the eastbound and 42.6mph on the westbound at location #1 would normally result in a 40mph speed limit for both directions. At location#2, the measured 85% percentile speed of 39.9mpn on the eastbound and 37.7mph on the northbound traffic would normally result in a 40mph speed limit. 7. Conclusion: Based on the fieid speed data (85th percentile speed, 10 miJh pace speed), field test-drives and FDOT requirements, a 40 MPH speed limit on the referenced roadway would be the normal recommendation. However, given the number of driveways, and the fact that the subject roadway located in a residential area with no side-walk provided, our recommendation Is to change the speed limit from 45 mph to 35 mph for the referenced section of the road. The field test drives yield a comfortable travel speed at 35 mi/h. Transportation Services Division Transportation Op9latlons Department Traffic Operations Section Agenda Item No.1 B3 December 14, Z 04 Page 5 f 6 RESOLUTION NO. 2004-_ A RESOLlfrrON BY THE BOARD OF COUNTY COMMISSIONERS. COLLŒR COUNTY. FWRIDA. AUTHORIZING SPEED LIMIT REDUCTIONS ON TWO SEGMENTS OF NEW MARKET ROAD FROM THE CURRENT SPEED LIMIT OF FORTY -FIVE MILES PER HOUR (45 MPH) TO (I) THIRTY-FIVE MILES PER HOUR (35 MPH) FROM JEROME DRIVE TO HENDRY STREET. AND (2) FORTY MILES PER HOUR (40 MPH) FROM HENDRY STREET TO STATE ROAD 29 (NORTH 15TH STREET). WHEREAS, Ciulpter 316. Florida Statutes, permits the Boord of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, New Market Road falls under the jurisdiction of the BCC and presently has a forty-five miles per hour (45 MPH) speed limit; and WHEREAS, in accordance with Section 3]6, Florida Statutes, the BCC may alter such existing speed Jimils as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS. the results of the County' 5 engineering and traffic investigations indicate that changing the currcnt speed limit on New Market Road to thirty-fìyc miles per hour (35 MPH) from Jerome Drive to Hendry Street and to forty miles per hour (40 MPH) from Hendry Street to State Road 29 (North 15!h Street) is reasonable and safer under the conditions found to exist and that it conforms to criteria promulgated by the County and the Florida Department of Transportation (FDOT). NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. THAT: SECTION I: The BCe does hereby establish (I) a thirty-five miles per hour (35 MPH) speed limit on New Market Road Ii'om Jerome Drive to Hendry Street. a di~tanc:e of approximately 0.9 miles. and (2) a forty miles per hour (40 MPH) speed limit on New Market Road from Hendry Street to State Road 29 (North 15'" Stree!). a distance of approximately 0.9 miJes. and directs the County Traffic Operations Department to erect appropriate speed limit signs along both of these segments of New Market Road giving notice of this change. âECTfON 2: A copy of this Resolution shall be forwarded to the C{)lJier County Sheriffs Office for proper enforcement of the established speed limits for New Market Road within the designated segment.s. SECTION 3: The c[f~ctjve date of the speed limit reduction shall be after written nmificacion to the Sheriff's Omce and upon the posting of appropriate signage. TItis Resolution adopted after motion. second. and majority vote favoring same this _ day of .2004. A ITEST: DWIGl IT' E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: DONNA FIALA, Chairman . Deputy Clerk C")'<:t(O ,-r.XJ 0,- ')00 .N(O óoo;f( ) Z"'" 0> ....ro E( )Q.. (I).t:J ::::E ro( ) ,,(.) c( ) (1)0 ~ CIJ c:J..J ~ o N "C c:J..J c:J..J ~ Cor.) "C c:J..J CIJ o ~ o ~ ~ r-ij C'O o ~ +-oJ c:J..J ~ ~ ~ ~ c:J..J Z 1----,---,··.···... -. , . i i ! '1;.= ,"."""--- ~. 17; i I I I ;;.. .""" ;..., c:4 :I: ::w Cl. S ::E o ;..., I..!"I G.J ('1"1 -, í ,...... it\¡ \ ¡ ~ I It:!. .. ~ II ¡., \ ~ .i( I ~,¡...> I ~:. ..~~ ~:t: I' 'i' h.,) b ~ ¡..;...¡ V1 i \ o~' ~ ~-".__..._.__..---"1\f-"<::---"_.·"·- ~_._-"-_._.~.."_.- I I '. ...... ¡ ..... I:I:', ~ ,.L.¡ I ~ !~'., ~ 1:: ¡ ", H v': ,0 ;:.:.--. !"¢' .~ ! ^ ~ ,~ I 8 ~ o ..... ^ I ~ C .;.....1 ~ . Eti ¡r1! t·~>~-~^ ~---- ! i i I~ I L___.._. Agenda Item No. 1684 December 14, 2004 Page 1 of 5 EXECUTIVE SUMMARY ,.) Recommendation to approve award of Bid #05-3690, "Electrical Components," to multiple vendors. Objective: That the Board of County Commissioners shall award Bid #05-3690, "Electrical Components," to multiple vendors to supply necessary components and equipment for the maintenance and repair of Traffic Operations electrical installations. Considerations: The Collier County Purchasing Department posted Bid #05-3690, "Electrical Components," on October 8, 2004. Invitations to bid were solicited from 44 vendors, and four responses were received by the bid opening date of November 10, 2004. The vendors who responded were: Consolidated Electrical Distributors, Inc.; Time Mark, Inc., Hughes Supply, Inc.; and Traffic Parts, Inc. Staff recommends awarding different portions of the bid to each vendor based first on category, then by lowest bid in the selected category. ,- Fiscal Impact: Funds for annual Traffic Operations electrical maintenance and repair have been budgeted in the amount of $50,000 in Fund 101. Growth Management Impact: There is no Growth Management impact associated with this Executive Summary. Recommendation: That the Board award Bid #05-3690, "Electrical Components," to Consolidated Electrical Distributors, Inc., Time Mark, Inc., Hughes Supply, Inc., and Traffic Parts, Inc. PREPARED BY: John W. Miller, Field Supervisor, Date: November 18,2004 Attachments: Bid Tabulation, 05-3690 Recommended Award ,,- ,."........,;."''''--....--- ,,",0,'.. .""...~,"""'..",,........_..__.~"~^ Agenda Item No 1 fiB4 December 14, 2004 Paoe2of5 COLLIER COUNT\' BOARD OF CDUNTY COMMISSIONERS Item Number Item Summary 1aB« Rt~COmmðl,lJ..tlrJn to Hppmvc aWIoIrr of Bid #05-3690, "Eleurìcal Compommt<:i," lu rnultlpll'J vtmdrJl's. Mettlng Dati 121W2004 SeOO.OO AM Approved By RC')bO'r1 W. Tipton. p,r... t";Q\lnW TraffIc O 1eraHon'l EnGine", Date l'nUlvpClrttOl1 Sc:r....lclllu 1'r¡¡11'i¡;; Op¡t,ntionttJ A T'M 11J2212004 2:1S PM Approved By Rtol!nda Btl!hlllr1 PlJr¡.:hulrlg A.9..."t Ollt~ Adminl.trbti"~ S~ryic(!!l, Purchft,lJlnç¡ 11f23J'Z0041Z::!l'I PM Approved By Stuve Carnell PurchulA9/0t!lneral Sveø Dir(lr:to( Date Adminiu1,.ali\,¡tI Sa,vle,," P\IIch.8ing 11f2tI201).410:62 AM Approved By Sharon Newman Aocal,EntinQ SUfl~""I.Qr D.ttf! Transport¡o~ Se-rvlcei transpc;rt.tion ÂttmlniatrCítíon 111l91~OO4 3:35 PM Approved By Nor"' E. Feder, AICI' T'ranliiportltion DivisIon Admil1ldr:¡¡tor 0... Tml'lllpol1ioJ'l Sftrv¡ctl~ lrlulillporllltlon SUlvlc:u Ad:nlin. 1213/'1)0.4 6:37 AM Approved By a.rbnrft l.eIPinrrfl ""lInng~me"IIßudÇlel: An'lv.' Onto ìl."'Sportiol1 Sltf'\flcu TrllrUs.portlltiLlt'lOpu':dj :>na 1213/'2004 &:19 AM Approved By Pa1l.ehnlHUd EJtIt.wti\l. Secratary Date Transportfltiot'l S"rviCM Tra"OfXH1aHon Servico$ Admin 12/:,1/2:0048:<44 AM Approved By OMS Coordinator AtlminiotrJ1ive Ãnilibnt Date Cuunty MØlIUIIJ.er'S O"~ce Office of Ml1l1ugenltll'lt & Dudge' 12/3/2004 9:¿1 AM Approved By Michael 5f1'¡.,.koW8M~ M.muglttnent" 8ud\1$t Q¡reo::lof 0"", County M.m.ger'. Office Office 01 Man:lç ement & Budget 12'3(20u.t 1:15 F"M Approved By Jaln"& \I. Mudd Co~mty Man"Ser Dot. Gourd af County Commilt,lol1ft'. CQlmw Man,lRlllr'a Offica 11./3/200.4 (\:.,(G PM vv v .. i:i - Q) c > Q) .- en Q) (.) 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NN I") 880 8 .... ....,.... .... ~~o.o. 0.0. 00. 0. 0. 00.... .... .... .... ¡ ¡ 0 00 0 ~ ¡,¡ ~~ ~ E 1.01.01.0 1.0 1.01.0 iii i i i ii i __EE E E E E --- - -- 00 ¡IF ttI ctI ttI ctI o ttI ctI ttI 0:100 0 00 0 0 000 0 0 0 00 0 .. f/ 1-1- 1-1-01.0 00 1-0 0 0 1-1-1- I- 1-1- l- I- 1-1-1- l- I- I- 1-1- I- ~bl 0) I") "It I") v 0).5 c..¡i~ 00........ 8¡N 000 0 00 0 0 000 0 0 0 00 0 .¥'~ 00 00 000 0 00 0 0 000 0 0 0 00 0 N 'õ N 0) 0) ctI c.. -f/ 'E Q) C 8.;; Eo ON o - _0 ttI.... to) ... 't: 0) õ.c 0) E [j ~ f/ 0 §Z +: .. o ttI 0) cno:>m co 0. 0 <"(00) 1.0 to) C i = ï: "0 ttI 0) ii5t=8' Agenda Item No. 1684 December 14, 2004 Page 5 of_5 Recommended Award of Bid #05-3690, "Traffic Operations Electrical Components" Consolidated Electrical Distributors, Inc. Connectors (CCTO 5032 Thru CCTO 5042; and CCTO 5052) Pull Boxes and Lids (CCTO 5068 Thru CCTO 5070) Time Mark. Inc. Traffic Data Collection Station Equipment (CCTO 8000 Thru CCTO 8004) Hughes Supply, Inc. Electrical Wire (CCTO 500 I Thru CCTO 5026) Connectors (CCTO 5048, CCTO 5050, & CCTO 5054) Lug Crimper (CCTO 5060) Electrical Tape (CCTO 5062 Thru CCTO 5066) Pull Boxes and Lids (CCTO 5071 Thru 5078) Circuit Breakers (CCTO 5090-10 Thru CCTO 5090-40) Ground Rod (CCTO 5096) Cable Tie (CCTO 5114 & CCTO 5118) Locking Fork Terminal (CCTO 5126 Thru CCTO 5134) Traffic Parts, Inc. Circuit Breakers (CCTO 5092-20 Thru CCTO 5092-40) Traffic Data Collection Station Equipment (CCTO 80 I 0 Thru CCTO 80 18) Agenda Item No. 1685 Decernber14,2004 Page 1 of2 .~ EXECUTIVE SUMMARY Recommendation to Award Contract #04-3588 "Fixed Term Material Testing Services" to the following firms: Allied Engineering & Testing, Inc.; Ardaman & Associates, Inc.; ASC Geosciences, Inc.; Forge Engineering, Inc.; and Professional Engineering and Inspection Company, Inc. (Estimated Annual Amount $750,000) OBJECTIVE: To obtain Board approval for the award of material testing contracts to provide these services for multiple projects without issuing individual Requests for Proposal. CONSIDERATIONS: On February 10,2004, the Board approved Agenda Item No. (16) (B) (5) which approved the short list of firms for the Material Testing Services contract and authorized staff to begin contract negotiations with the five top ranked firms. Contract negotiations have been successfully completed with all five firms, and the contracts have been finalized for signature. ~ FISCAL IMP ACT: The funding for each work order that is assigned under the approved contracts will come from each user Department. GROWTH MANAGEMENT IMP ACT: These contracts have no direct growth management impact, and they are consistent with the County's growth management plan. RECOMMENDATION: That the Board of County Commissioners award the Fixed Term Material Testing Services contract to Allied Engineering & Testing, Inc.; Ardaman & Associates, Inc.; ASC Geosciences, Inc.; Forge Engineering, Inc.; and Professional Engineering and Inspection Company, Inc.; and authorize the Chairman of the Board to sign the standard, County Attorney approved contracts. Prepared by: Allen R. Ruth, P.E., Senior Project Manager, TECM .~ ,.....---...,,........,, Agenda Item No, 1685 December 14. 2004 Page 2 ,,12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting O.tl 1685 Rec:ommendation 10 .A.warrl Cr.mtract #04-3,1)88 ~Fi.' (t".d TfI m1 Mtlterinl Testing Sf f'\Iicð!"," to lhft fallowing firms Allif!d Enoineerlng & Telii1í"9, Inc.: Ardamah &A..'Ij~ol;:jitte!$.lnt:,; ASC Geo!JcienclJ!i, Inc.: Forge engi'Hwrlng. Inc.; and Professional Engineering and Inspøctlon Company. Inc_ (EsUma1ed .~nnllal Amount $750.000) 12/14/2004 9:QO.00 AM Item Number Item summlI'Y Approved By Sn4lron Nlt'WmÞn AC'..<:ountlng ~upc,vI1l.or D.te Traneportiol\ Servlceill Tnmwportø.tlon ^dmlnillotr~tion 11J:l.f:¿004 9:12 AM Approved By Llu raylu, M¡ula\1"lnentlBudljJet Artal}'_t Dot. Tra.,.~rUo,.. SftrvÜ~,tI. Tmn.pMtatlan Admh,tsrt,,a1it1tl 11/241200.410:4' AM Approved By Keìsev W.n;l Sonlor Purcha.ing ."d Contrrrc.ta. Agent D... Adm¡niøtr.tive Servic.es P\lrcnJl"ing 11124'200412:41 PM Approved By l'r<lIllportnUons $4!rv\(;!t1I PrinQiþal Projfttl M.nngl!lr Trilnaportation EI'I'iI¡n~erh'g ,nd Cn". t\ld¡~n M.n.anflmßnt DatI!! EUÇlGne C:II\lftrt 1112411D04 .04:39 PM Approved By Ioor," f.. ffldClr, AICP 1 TfI""þQrtatjon Division Admi!I¡..lutm DaI. Tr.nlportiun SelVjcl!.S Tr;¡nsptlrt,dion Services Ad,nln 11(31201).11 &:39 AM Approved By Pat LehnhJrd Eucutille I:;ec:retlry DoIte Tr.nuf'nrta1íon Slftrvi¡)Cts TnnIJ.port,aliDn SIItr...mfl.. Adml" 12/312004 1\:54 AM Approved By OMß CnordinntM Admi~jøtr..ti...n As w;i..tJlllt D.att\ Cuunly M¡II~uger'!I. Oftke Ottke of M.:mugerrl~!'It" Budg.t 12/3/2004 9:4" AM A pproved By MldHu!l SmykowGkl M<.It\~gétyl*l}t & 8udg~1 Director Dot. County M..n.OI!lr' : Offk.1t OttlC,(!! or MJln«Qlllmlllnt Ii< Budget '12/612004 &:19 AM Approved By Jtlmns V. MlJdd C('¡\mty M/m.gt!:r Dlltl'\' F.\oflrd ('It County Commis.ionerll GOI¡llty M.n.:a{ lrf'. Otrloe 12nf20IJ412:13 PM ..._--_._.._~ ......._"~,.."...,____.."w._.~_,,.."_ Agenda Item No. 16B6 December 14,2004 Page 1 of 4 ~ EXECUTfVESU~Y Recommendation to award bid #05-3741 "Mowing of Grassed or Vegetated Roadside Areas" for the estimated annual amount of 5276,000 to Southern Services OBJEC11VE: To provide a contract for rural non-curb and gutter large machine mowing, slope mowing, intermediate machine mowing, small machine mowing and litter removal when necessary for use by all County departments. CONSIDERATIONS: Bid #04-3741 was publicly posted on October 27,2004. Notices were sent to eighty firms (80). Two (2) responses were received by the due date of November 16, 2004, Ground Zero Landscaping and Southern Services. Ground Zero was the apparent low bidder (Bid Tab attached). ~ In reviewing the bids, staff identified concerns with the pricing levels included in the apparent low bid. Specifically, the prices tendered for the monthly mowing services appear to be well below the amount required to support the level of service specified in the bid invitation. Further, they are considerably under comparable prices paid by other governments for comparable services. On December 1,2004, Road Maintenance staff met with representatives from Ground Zero to discuss their bid offer and to clarify the service levels required under the contract. The day after the meeting, Ground Zero contacted Road Maintenance staff to respectfully withdraw their bid. In the correspondence, Ground Zero indicated that based upon the quantity of equipment and cost assigned to the contract, they would not be able to meet the specified mowing rotation. Ground Zero's formal withdrawal letter is attached and made part of this submittal. As a result of Ground Zero's withdrawal of their Bid, staff recommends awarding the contract to Southern Services as the lowest, qualified bidder and responsive bidder. Other County departments or governmental agencies may also utilize this contract. FISCAL IMP ACf: Funding for the Road Maintenance Department for "Mowing of Grassed or Vegetated Roadside Areas" will come from the MSTD General Fund (111) in the approximate amount of $276,000.00. Source of funds are Ad Valorem Taxes. GROWfH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-term growth plans. RECOMMENDATION: Recommend the Board of County Commissioners award Bid #05- 3741 "Mowing of Grassed or Vegetated Roadside Areas" to Southern Services in the amount of $276,000. Prepared by: Anthony R. Wiggins, Supervisor of Road Maintenance Contracts and Projects, Road Maintenance ~. Agonda Itom No, 1666 December 14, 2004 Pago 2 cf4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item summary 16B6 Ret.:onur1t!Il~ø1ion to Bwanj bid #05*374i1 "Mowing or Grassed Ot Vt!gutalftd R(Jltd!liicl~ AnHils" IDr thl' estimaled aru\LJa! arT'ount 01' $276.000.00 tfl Southem Services Me.ting DItII , 2/14/2004 9:00.00 AM Prep.red By aate AnthQI'IY R· WiuaJns Supcrvillnr.. Cnl~tr..ct J & PH)jec.IS 11/24f2004 10:0"~3a AM Tta"..portion Sen,-Icc$ Road Maln1enilnce Approved By Rookmln r"¡auth Aec;)untlng Technician Dot. 'frli""portiol'l SlttVi(:elf Tr. 'Ißport..tion Admi \!.tt1ltlon 1112./2004 '1D:11 AM Approved By Sharon Nltwm¡ n Ac.co\Jnting S\lpr.,vlst>I' aate Tr.fUlþortion Setv¡~t!1I lnu¡'Ipørt.tlon Adll1ifliatr.tton 11129170043;1.5 PM Approved By .Johll Vliet Rallld!l M¡a(ntemance suplNmt4!ndan1 Oatil Tran.portion Sen/Îc.rT$ RaMd M.inten,mr.:1!' 12!2f200A !-:.2 AM Approved By Lind. Jack.on Contrll(.ts Agent Dot. AdmllliJttróltive SI"'/I<:e-" PLlftn"'ng 12/21~004 2:04 PM Approved By Slevn C.lI.l"neH PUt,'hasmU10tlllleral Svc. Dir..~tor Da1e Admlnlstr.utive 5~rvice$ Þurchulnv 121¡,u20Q4 4:26 PM Approved By Þat L..t1nh.rd Executive 6ecr~ar)l Date TrOJnlþortfltlcn Srrrvlc(!1! Trfll'npørtatlan 5nfVh::eK Admin 12/,1/2004 &:58 .AM Approved By OMB Cootdlnlllof Adm¡t'lb~lr.fttlvft A."¡lilaJ'lt Oat" COOJoty Manillger'lt Offic.e Office 01 M..nagement & Budget 12/3/20049:50 AM Approved By Michael Smykuwt;ld Management & Budget Q¡rector D;IIta County MaMgllr'. oftiQt! OfficCl 01' Man.lgttmp.nt &. audflflt 12f6/2004 9:30 AM Approved By Jam.. V. Mudd Count)' MIII"..;nr Dot. 804ft! 01 ç.QUl'lty c.ommlil..ion/!,.. County M."".g~"& O(flc~ 12m:¡O04 8:32.AM 12/81/2804 81:81 2395977365 GROIJ'o.IDZERO PAGE 62 Agenda Item No. 1686 December 14,2004 Page 3 of 4 Landscape. Management, DesIgn, Installation, and Irrigation Services 1907 Fairfax Circle· Naples. FL 34109 · 941-821-3472 . Fax 941-597-7365 Collier County Purchasing Lind4 L. Jackson Cont:œct Specialist 3301 E. T&n1iøœi Tr. Naples FI. 34112 Our firm was contacted by the Transportation and Road. Department in rcfetœ.ce to bid #05-3741 to discuss the result. We met on 12-01-04 and disCussed the way the current contractor and the past Road Department Standards of production for acreage mowin¡ was being achieved. My .fum in cœnparing what the macl1ine JtI&lufacturers ¡uide and production we CU1"re1ltly achieve as to the standards that we discussed, that ~ C1Jn'cnt contractor and Road Department get which are 50% less, with our quantity of tractors and the currtmt contractors production rates, we could not achieve the specified mowing rotation so we respectfully withdrawal our bid. Y oW'S Truly, Aaron Gross President Cc: Anthony Wiggans, TransportationJRoad Maintenance * Fully Licensed & Insured * I~ Ij' III I I I I , ' '~i II. I '¡all, III I : t I I ¡III, I I i II ~'I i II· I I ! Ii \ ¡ Ii III 1 I II ! \ I I f~ -1-I-r,~g88':5 ~' I ! i H 1111.~i!al\àil·~ I! ! I ,Ii . !:i II' I , I ' t~ III I i \ ii" ð: 0 I,; , el \. '¡II~!!\'~\~ ~ ~1 ~¡ i I \ .. )1 \ , I ¡I¡ I i Ii : " i j 1 L I ¡ f 1 I! !! :1 : i ¡ j I !! , gl\ 1'1 , ! j , ! I; ~ I I ! I l ! i ~~ i i~ iÌ¡1 ' I ' ~> 1~J:liUl I i 1\' ,III ' I~I¡: \ ! I~I t~lf¡ IJ\~i I I ¡ \ I~~: \ t.O'<t'<t ~gQlì N ó~~ï Z~.§ E051D:: Æ~' t rofS -g4> 4>0 Q. 0)' .eX: i I } 1 D:: 1 !I 1~ ..-Æ! ~'3 - ~i" ~ ~ .. ......" ._....~- ". -."' -. ,... ...... ."......... .-.- ".-. .....-. .. .."..-....-... .--' ,~-......... ...". ... T \ I ¡ T~- I , I I I I j I ... ''3 ... ¡. Q. ............. ..-.. " "..,........ ... .. ..... ....... ..~. ..'- -..........'..-' .,. '..,".. . .... . . ..... . ..... ..._.._..,.... ..................... n.". .......·ow·_·· .,.,,_. ........... .... ..., .... .. -.,.., ,... .. . . .. ......,,- ., Agenda Item No. 1687 Decennber 14, 2004 Page 1 of 41 ~. EXeCUTIVE SUMMARY Recommendation to approve Supplemental Agreement No.2 to the professional Services Agreement with American Consulting Engineers of Florida, LLC, in the amount of $357,735 for the design of Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road, Project No. 80005 OBJECTIYE: To obtain Board approval of the negotiated Supplemental Agreement No. 2 to the Professional Services Agreement with American Consulting Engineers of Florida, LLC, for the design of the expansion of Goodlett.e-Frank Road, Project No. 60005. CONSIDERATIONS: On July 29, 2003, the Board approved the Professional Services Agreement with American Consulting Engineers of Florida, LLC, for the design of the expansion of Goodlette-Frank Road. The design included a six lane section from Golden Gate Parkway to Pine Ridge Road and intersection improvements at Golden Gate Parkway. On September 3, 2004, Supplemental Agreement No. 1 was issued to extend the contract time to November 30, 2004 at no additional cost. Approval of supplement No. 2 will authorize the consultant to proceed with the drainage design and the street lighting design which had been optional items. In addition new design items of two traffic lights, intersection improvements at Solana Road and Burning Tree Drive and two retention ponds have been added. The details of the revisions to the scope of services are contained in Attachment A to the supplement. The Agreement was approved in the amount of $849,495 for basic services and $1,063,253 including ..--. optional services. The addition of the optional and new services brings the total with this supplement to $1,207,230, a net increase 'of $143,977. The details of additional costs are contained in Attachment B to the supplement. The contract schedule is proposed to be extended to December 31, 2005. This will provide adequate time to complete the design, prepare the bid package and provide post design services. Through no fault of the consultant, significant delays were encountered due to coordination with developments along the corridor resulting in three relocated entrances; the addition of traffic signals, a change in drainage design to alleviate flooding to the west of the project and the addition of two retention ponds. FISCAL IMPACT: Funds in the amount of $357,735 are budgeted in the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of ñmds are Gas Taxes and Impact Fees GROWTH MANAGEMENT IMP ACT: This project is consistent with the 2025 Collier County Needs Plan. RECOMMENDATION: That the Board of County Commissioners approve Supplemental Agreement No.2 to the Professional Services Agreement with American Consulting Engineers of Florida, LLC, in the amount of $357.735. and that the Chainnan be authorized to sign the standard, County Attorney approved contract supplement. Prepared By: Allen R. Ruth. P.E.. Senior Project Manager, TECM ..--. ~.".. .,-'....".._..~,-_.."_.~._' ,.-.-.. -' ... -- ....._."~.._-~,.,, .'"«"'"''',.......-,,,''...,........,.....- Agenda Item No, 16B1 December 14, 2004 Page? of 41 COLLIER COUNTY BOARD Of' COUNTY COMMISSIONERS Mooting Dote 16B7 Recommendation t(' approve Supplement8~ Agreement No. 2. to the PmfessiDl'R1 Services Aç Tf!l!!ment wilh American Consultion Engineers Qf Florida, LLC, in '-he amount of $357,735 lor th~ design (If Goodlette·Frørlk ROßd frolT! Golden Gille Psrll.wÐY to Pine Rid¡;¡e ROlld, Project No. 60005, 12/14/200" 9:00.00 AM Item Numb.r Item Summery Approved By Shllton N~ma" Acc:a\.lnting Supcrvlsor D.ttl Trlm.portion Servic~1 Tr )n.p~øtlon Admlniatration 1 i/:J:4n004 3:1!J PM Approved By EU~.l1e C"lvert Principal Project Mun.y.r Out. Tranaport.ûons 5ervlc.lt$ Tr.n.por1at'on r:.l'IgiI1t1f1rlng and Construction M.nMgem.."t 11r"9/'2oo4 6:40 PM Approved By Ua¡¡T..ylor Man.gemcfI't/Buøget Analy.t Do" Tr.nøport¡on Se-rv1Cf!!I9 Tr.noportation Admlnlslntl,," '1/30120042:16 PM Approved By Norm E. F~trr. AICP Tranø:portation Division Admlnls1ra1or P...t" l'runuportlon Service" 1'rnlll1pl>rtutiQn S.rvice. Admin. 1216}200", 2:40 PM Approved By r"al Lohllh.,~ EXtt(,'utlvlt $OIt¡;til!tary Dute Tr"Uu.porthtlon Ser\licft!'II Tra.'..por1htiol'\ S.t'tfVlc.ell Admm 12rfi/:i'004 2:66 PM Approved By StftV~ Carn~iI Purchns.inglß4t"l!ira SVCIò O¡rednr Dat<t Admltlil.trlt.ii-.r", SlItV (:jf!fl, PUf<:h.lIlnlJ 12({\lZQ04 :):2'& PM Approved By OMB Coord_n(l1Dr Adrnini8tr.1ìv~ Alu,i5l't3nt Dal:4! county Mil:nllger" Office Office 1;11 MQlI\aÇl4lment & Budget 1:,!flI2Ub4 8:0.3 AM Approved By Suun U her Senior M.n_glillftlentlBudge.t AnølylJ1 Date County M31Htger'!I Offic. Office of M¡)tlogtlnM!nl' & lhld911':1 12f71201)41:30 PM Approved By Mlc:ttltlul ßmykowtökl M.1IJAgemlt=n It. f:\udlilet Direci( ! 0", County M.nayut'a OfficI! ot1ic. tit M.maytununt & Qudgut 12m/200. '\ :56 PM Approved By JaIn.. V. Mudd Board (It C()IH1ty Commilll.¡oner. CotJlItyMj I'III Jt ;r Do" Caunty !IA.nager's Office 121a/2U04 "':10 PM Agenda Item No. 1687 December 14,2004 Page 3 of 41 SCHEDULE A SCOPE 01' SZRVJ:CZS HIGHWAY DESIGN GOODLETTl!:-J!'RAHIt ROAD CAPACITY IMPROV1I:NJœTS GOLDl!:N GATl!: PAR1œAY to PI1Œ RIDGE ROAD June 27, 2003 - Original Scope Revised November 23, 2000& - Supplement No. 2 1':\Project\5039851\admin\proj management\Contract\Supplemental Aqreement\GoocIlette (OOPW-PRR) Final Scope with SA 2 11230o&.cIoc Final Goodlette-I'ranlt Road Widening Scope With Supplement No. 2 June 27, 2003, Revi.ed November 23, 2004 SCOPE 01' Sl!:RVICZS FOR CONSULTING B:NGINl!:l!:IUNG SD.VICJ:S HIGHWAY DESIGN Thi.s Exhibit fO%1ll8 an integral part of the agr....nt between Collier County Board of County Commissioners (hereinafter referred to as the COUNTY) and American Consulting Engineers of I'lorida, LLC (hereinafter referred to as the CONSULTANT) relative to the transportation facility described as follows: Project ID: 60005 Description: Widening of Goodlette-I'ranlt Road from four lanes to six lanes between Golden Gate Parkway and Pine Ridge Road, including intersection improvements at Golden Gate Parkway and Goodlette-I'ranlt Road. 1 PURPOSE The purpose of this Exhibit is to de.cribe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for: .. Construction of a six-lane roadway. .. Construction of an improved intersection at Goodlette-I'ranlt Road and Golden Gate Parkway .. Construction of improvements to Solana Drive and Burning Tree Drive for about 500 feet in each direction from Goodlette-Franlt Road. The general objective is for the CONSULTANT to prepare a set of plans and specifications to be used by a contractor to build the project, and by the COUNTY to ensure that the project is constructed as designed and to the specifications. Elements of work shall include roadways, structures, intersections, geotechnical activities, supplemental surveys, drainage, signing and pavement markings, lighting, utility relocation, maintenance of traffic, cost estimates, environmental permits, environmental mitigation plans, quantity computation books, and all necessary incidental items for a complete project. The Scope of Services establishes which items of work described in the I'DOT Plan Preparation Manual(s) and other 'pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the Agenda Item No. 1687 December 14, 2004 pãge 4 of 41 COUNTY . AJ.l plans and design documents are to be prepared with standard English values in accordance with all applicable J'lorida DeparbDent of Transportation (hereinafter referred to as 1'DO'r) Manuals and guidel.ines and as directed by the COUNTY. The CONSULTANT shall be aware that as a project is developed, certain modifications and/or .improvements to the original recommendation may be required. The CONSOLTAR'r is to incorporate these refinements into the design and will consider this effort to be an anticipated and integral part of the work. This will not be a :basis for any supplementaJ. f.. reque.t(s). The CONSULTAR'r shall demonstrate qood project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance to I'DO'r procedures. It shall be the CONSULTANT's responsibility to utilize the very best engineering judqment, practices and principles possible during the prosecution of the work commissioned under this contract. J'inal Goodlette-J'rank Road Widening Scope A-2 June 27, 2003, Revised November 23, 2004 The COtJRTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of the contract plans. The COUNTY will provide job specific infocaation and/or functions as outlined in this contract. 2 PROJECT DBSClUP'l'IOH The CONSULTANT shall incorporate the following into the design of this facility: 2.1 Roadway Plan Type: plan/profile Typical Section: De.ign will provide for a six-lane urban roadway within existing right of way, including sidewalks and bike lanes on both sides where feasible. Limits: Goodlette-J'rank Road (CR 851), from. the south limits of the Golden Gate Parkway intersection to the south .ide of the Pine Ridge Road intersection, a distance of approximately 2.75 miles. Major Intersections: The Goodlette-J'rank Road/Golden Gate Parkway intersection .improvement will require additional plan sheets. An alternatives analysis shall be prepared at the Goodlette-Frank Road/Golden Gate Parkway intersection that includes an auxiliary roadway north of the bank building and / or south of Stoney's Plaza. Intersection delay studies and capacity analyses will be required at signalized intersections and are to be included in this Scope of Services. Traffic Control Plans: Typical Sections, Detail Sh..ts and Plan Sheets on Agenda Item No. 1687 December 14, 2004 Page 5 of 41 phasing. 2.2 Drainage The drainage design for the proposed improvements to Goodlette-I'rank Road shall be perfo~d in two phases. Phase 1 vill consist of a conceptual drainage analysis; Phase 2 vill consist of the design and pendtting of the roadway drainage system. Phase 2 services vill. be optional and vill. be perfo~d onl.y upon written authorization from the COUNTY. Phase 1 consists of the following activiti.s: 1) Revi..., the drainage study of the Gordon River Drainage Basin that ia curr.ntly being ccmpl..ted :by the COUNTY. Design data and r.c.......ndation. included in the study shall be incorporated into the Goodlette-I'rank Road improvements aa directed by the COUNTY. The CONSULTANT ia not required to analyze or verify the design data included in the study, but vill be required to perform a constructabili ty and reasonableness reviev of the atudy recommendations as they pertain to the roadway improvements. 2) Coordinate vith the COUNTY on the implementation of the recClllllllended improvements included in the Gordon River Drainage Basin study. 3) Evaluate on-.ite and off-site option. for providing vater quality treatment and attenuation for the additional pavement added in the median of Goodlette-I'rank Road. 4) Evaluate the exi.ting drainage sy.tem on Golden Gate Parkway immediately vest of Goodlette-I'rank Road to detendne if improvements can be made to the Golden Gate Parkway drainage system as part of the Gol.den Gate Parkway / Goodlette-I'rank Road intersection improvements. This scope of vork does not include any design associated vith potential improvements on Golden Gate Parkway vest of Goodlette-I'rank Road. 5) Prepare a technical memorandum summarizing the analysis performed above. I'inal Goodlette-B'rank Road Widening Scope A-3 JUne 27, 2003, Revised November 23, 2004 Upon completion of the Pha.. 1 drainage analysis, the specific drainage design scope of work and fee for the project vill be negotiated. Phase II consist. of the following OPTIONAL activities: 1) Ccmplete the design and prepare construction plans for the Goodlette-I'rank Road drainage system. An interceptor pipe located al.ong the vestside of the roadway vil.l be designed to collect .&1.1 runoff from the Goodlette-I'rank Road pavement. Stormvater treatment/attenuation facilities vill be provided at Royal Poinciana County Club and at the County owned I'leiscbmann property in the northeast quadrant of Goodlette-I'rank Road / Golden Gate Parkway intersection. 2) Prepare and submit pend t application.. Agenda Item No. 16B7 December 14,2004 Page 6 of 41 3) The optio:na1 drainage design s.rvices may include additional geotechnical and survey s.rvic.s that will b. included in the optional design servic.s. Th. stormwater system will be design.d to me.t the pe~tting r.quirements of all pexmi tting agenci.s. Stormwater system design will consider best management practic.s, open, c1os.d, ditches, ponds, exfi1tration, etc. or a combination thereof, within the existing right of way. If the COUNTY determin.s that runoff cannot be economically tr..ted within the existing Goodl.tte-I'rank Road right of way and dir.cts the CONS'DL'J!ART to design off-site ponds, that additional design will be considered additional design s.rvic.s. Th. design of drainage ponds and ditches to accommodate runoff from new roadway alignments at the Goodl.tte- I'rank Road/Golden Gate Parkway inters.ction will be part of this scope of work. The scope of work for BASIC s.rvic.s do.s not include the analysis of existing drainage features or the design of improvements .ast of the Goodl.tte-I'rank Road right of way. 2.3 utility COordination The CONS'DL'J!ART will: 1) Identify and accurat.1y locate all public and private uti1iti.s within the proj.ct limits. Subsurfac. utility bc.vations (SUB) shall be obtain.d by the CONS'DLTAR'l'. 2) Coordin.te with all utility owners on this project. 3) Identify needs to r.1ocate, modify and/or 1.ave in p1.c.. D.sign of the nec.ssary modifications and r.1ocations of Collier County and City of Naples utilities, .uch as water, .anitary ....r, stoz:m .e..r, reclaimed water, etc will be con.idered an Optional Servic.. Th. exact .cope of work and fee will be determined once the 1.v.l of work is known. 2.4 P.rmits The CONS'DL'J!AR'l' will: 1) Identify all needed pexmits. 2) Obtain COUNTY approval on decisions regarding, or modifications to, pexmi ts . 3) Identify, coordinate and obtain pexmits n.cessary associated with faciliti.s owned by the City of N.ples that will be aff.cted by the propos.d work. 4) Obtain COUNTY r.vi.w prior to submittal of applications and designs to the pexmitting ag.ncy. 5) The CONS'DL'J!ART will be r..ponsib1e for .nsuring that all r.quired environmental ass.ssments and surveys .r. performed. 6) Obtain all n.c....ry pexmits including, but not limited to: :Environmental Re.ource pexmit from the South 1'1orida Water Management District and the A%:my Corps of J!'inal Goodl.tte-J!'rank Road Widening Scope A-4 Jun. 27, 2003, Revis.d November 23, 2004 Engineers; and National Pollutant Discharge Elimination System P.rmit from the 1'1orida - --~._,._-,_.~ _..__.,~..._"'--~-- Agenda Item No. 1687 December14.2004 Page 7 of 41 ... Department of Environmental Protection and the Environmental Protection Aqency. A COONTY representative will be present at all ....tings with regulatory agencies. 2 . 5 Structures The CONSULTANT will analyze and design structures as follows: Gravity Walls: :In order to provide for turning movements at intersections along Goodlette- J!'rank Road, it may be neceasary to construct retaining walla. Gravity walls will be utilized, where appropriate. Mi.scellaneoua: :In order to provide for the turning movementa at intersections, it may be necesaary to extend existing box culverts on aide roada. Other miscellaneous Structure services could include, but not limited to, culvert extensions, foundations, mast axms, lighting, and barrier walls as determined during design. 2.6 Signing and Pavement Markings The CONSULTANT will analyze and design signing and pavement markings. The need, number and locations of sign structures; i.e., cantilevers, overhead, etc., signing and pavement markings shall be determined during the design process. '!'his scope of services will include the design of up to three cantilever and/or overhead sign structures. 2.7 Traffic Noise Study The CONSULTANT will perform an analysis of potential traffic noise effects upon adjacent properties from the proposed roadway capacity :improvement. :In areas where noise abatement is warranted, the CONSULTANT shall provide preliminary designs and cost estimates for noise abatement facilities. At the direction of the COONTY, the CONSULTANT will prepare noise abatement facility construction plans to mitigate traffic noise to acceptable levels. Plan preparation of noise abatement facilities will be considered additional services. The TNN model shall be used in the noise analysis. 2.8 Maintenance of Traffic (Ø)T) The CONSULTANT will prepare a schematic MO'l' plan that will assist the project's construction contractor in the preparation of their bid and subsequent preparation of a detailed MO'I' plan. The CONSULTANT's schematic IfO'l' plan shall specify: minimum a tandards, acceptable lane closure restrictions, access considerations, phasing, time and duration considerations. The 'schematic IfO'l' plans shall ....t the requirements of F.DOT Levell plans. 2. 9 Signals & Lighting :Intersections: There are signalized intersections at Golden Gate Parkway, 22nd Avenue North, Royal Poinciana Drive, Solana Road and Granada Boulevard. Signalization is to be removed frOlll the Royal Poinciana Drive intersection by others prior to construction of the Goodlette-J!'rank Road widening improvements. Where feasible, atrain pole Agenda Item No. 16B7 December 14, 2004 Page 8 of 41 systems will be replaced with mast ani. systems. The 22nd Avenue North intersection may need to be modified from a three-way intersection to a four-way intersection. New signals shall be designed at Ohio street and the entrance to Wilderness County Club. Lighting: street lighting currently exists within the project limits. The CONSULTANT will evaluate the existing lighting, and where necessary, design the modification or replacement of the exi.ting liqhting due to turn lane modifications such that the poles, fixture. and illumination provided are consistent with current county and state design s tandard.s . Redesign of the existing roadway lighting system is not included in the scope of services will Final Goodlette-rrank Road Widening Scope A-5 June 27, 2003, Revised November 23, 2004 be considered additional services. Hew lighting will be provided along new roadway alignments at the Goodlette-rrank Road/Golden Gate Parkway intersection. Hew lighting will be provided on both sides of Good.1ette-rrank Road. 2.10 Landscape Architecture Planting Plans: The CONSULTANT shall specify the use of special median soils in areas of future plantings, as determined by the Lanclscape Operations Section of the County'. Al ternate Transportation Modes Department. ~rrigation Plans: The COHSULTANT shall design installation of irrigation sl..ves in the median for areas of future landscaping, as determined by the Landscape Operations Section of the County's Alternàte Transportation Modes Department. Bardscape Plans: The CONSULTANT shall provide design of sidewalks to provide connection, where feasible, throughout the project. The CONSULTANT will specify brick pavers in lieu of concrete median separators, as detexmined by the Landscape Operations Section of the County's Alternate Tran.portation Modes Department. 2.11 Survey A baseline topographical survey for the project will be provided by the COUNTY. The baseline will be signed and sealed by a Florida licensed professional land surveyor. i:lectronic copies of the survey will be provided to the CONSULTANT. The CONSULTANT shall obtain additional survey required for the project .uch a. boring locations and any specific survey data not provided by the COUNTY. 2.12 tight of Way tight of way will be required for the construction of improvements to the Goodlette-rrank Road. / Golden Gate Parkway intersection. ~t is assumed right of way will be obtained from four parcels in the northeast quadrant of the intersection. 2 .13 Geotechnical The CONSULTANT will provide borings and laboratory testing of .oils in accordance with I'DOT guidelines for roadway, .tructures, ponds, lighting, etc. 2.14 Pha.ed COnstruction Agenda Item No. 1687 December 14. 2004 Page 9 of 41 At the discretion of the COUNTY, the project may be bid and/or constructed in multiple phases. Should the COUNTY require that the project be bid and/or constructed in more than one phase, the CONSULTANT will negotiate wi th the COUNTY any adeli. tional fees required to perfo~ any additional work associated with the proposed phased construction. 2.15 Specification. Package The CONSULTANT will prepare the specification. package in accordance with I'DOT and COUNTY procedures. The COUNTY will provide completed "front end" specification sections. 2.16 Project Schedule The CONSULTANT shall provide a detailed project activity/event schedule for COUNTY and CONSULTANT activities required to meet the completion date for design. The schedule shall indicate, at a minimum, submission dates for 30%, 60%, 90% and 100%, and all other required submittals. The schedule shall allow two ..eks for the COUNTY's review of the 30% and 100% plans and three weeks for the review of the 60% and 90% plans. Final Goodlette-i'rank Road Widening Scope A-6 June 27, 2003, Revised November 23, 2004 2.17 Submittals The CONSULTANT shall furnish plans and document. as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULTANT sbal.l provide the COUNTY sets of design plans for distribution, including two sets each for the City of Naples, as follows: 1) 30% 8 sets 2) 60% 10 sets 3) 90% 12 sets 4) 100% 12 sets The CONSULTANT shall furnish a camera-ready set of plans and specifications to the COUNTY at 100% completion. The size of the final plans shall be 11" x 17". All electronic (digital) files of final plans and specifications will be sublû.tted to the County on a compact disk (CD) or other media approved by the COUNTY. Drawings files shall be provided in a fully functional AutoCad (.dwq) software fonuat, and also plotted or scanned to an Adobe Acrobat (.pcif) fonuat. 2.18 Provisions for Work All maps, plana and designs are to be prepared with English values in accordance with all applicable current COUNTY and !'DOT manuals, memorandums, and guidelines. 2.19 Services to be Perfozmed by the COUNTY The COUNTY will provide those services and materials as set forth below: 1) Regarding Environmental Pez:m.itting Services: a) Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract; b) Provide the appropriate .ignature. on application fo~. Agenda Item No. 1687 December 14, 2004 Page 10 of 41 2) Provide the appropriate letter. of authorization de.ignating the CONSULTANT a. an agent of the COONTY. 3) The COœrrY will provide de.ign traffic for the corridor and the Golden Gate parkway/Goodlette-Frank Road inter.ection to be u.ed by the CONSULTANT for alternative. ana1y.i., .ignalization and queue length detemination.. 4) Provide revi.w. of roadway plan. during the various .tage. of plan development. S) All future information that may come to the COUNTY during the te!:1l1 of the CONSULTANT'. Agreement and which in the opinion of the COONTY i. nec...ary to the pro..cution of the work. 6) Provide a ba.e1ine topographic .urvey of the proj.ct ar.a for CONSULTANT'. u.e in proj.ct plan development. 7) Project data curr.ntly on file. 8) COunty .t.nd"Y'C1s and r.view .ervice.. 9) All available information in the po.....ion of the COONTY pertaining to utility companies who.e faciliti.. may be affected by the propo..d con.truction. 10) All future info:z:mation that may come to the COONTY pertaining to .ubdivi.ion plan. .0 that the CONSULTANT may take advantage of additional area. that can be utilized a. part of the exi.ting right-of-way. 11) Exi.ting right-of-way map.. Final Goodl.tte-Frank Road Widening Scope A-7 June 27, 2003, Revi..d November 23, 2004 12) property valu..for parc.1. de.ignated by the CONSULTANT for potential acqui.ition. 13) Completed front-.nd con.truction document ..ction. requir.d for bidding and construction. 14) (included in item 8) 2.20 Supplemental Consideration The COUNTY may negotiate .ngineering inspection ..rvices with the CONSULTANT prior to con.truction a. part of the prof..sional ..rvice being .olicited. Specifically, .ngin.ering in.pection would require designating a qualified person(.) to over.ee construction activiti.., document con.truction activiti.. and. progr..., and. communi cat. dir.ct1y with COUNTY .taff. 3 PROJECT GEIŒRAL TASKS 3.1 Public Involvement Public involvement is an important a.pect of the proj.ct development proc.... Public involvement include. communicating to all intere.ted person., group., and government organizations information r.garding the development of the project. Property owner. adjacent to proj.ct and the City of Napl.. .ha11 b. kept informed about the project. Four Public Meeting. will be h.1d on this project, on. after .ach de.ign phas., with the la.t being a Con.truction Kick-off Meeting. In addition, the CONSULTANT and COUNTY . taU will meet with civic group. and oth.r. on an individual ba.i., a. ne.ded, to Agenda Item No. 1687 December 14,2004 Page 11 of 41 discuss the project. The CONSULTANT shall anticipate participation in eight additional meetings for this purpose with minimal staff involvement. This work is to be included in the Scope of Services. 3.2 Coordination Meetings Prior to printing of the review plans at each of the 30%, 60% and 90% design stages, an advanced discussion of the project will take place at a Coordination Meeting. The Designer will provide County Staff with review "draft" copies of the plans drawings two weeks in advance of the coordination meeting. The meeting will be conducted to provide input into the design prior to printing it for full review. The Designer will present the project to County Staff and a discussion will take place on what are understood to be the key issues. The goals of the meeting are to provide a common understanding of the project; institute chanqe, if needed; and to provide a coordinated effort at the public presentations. 3.3 Joint Project Agreements This scope of work does not include preparation of Joint Project Agreements. 3.4 Specifications Package Preparation The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work. The CONSULTANT will provide the necessary workbook and electronic files, in Microsoft Word 2000 format, for proper completion of the specifications preparation task. The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications. The specification package shall be based on the 2004 edition of PDØT'8 Standard Specifications for Road and Bridge Con8truction as modified by OOORTY specification requirements. The specification package may include Special Provisions or Supplemental. Specifications as directed by the COUNTY. The COUNTY will provide the completed frontend contract document sections. Final Goodlette-JI'rank Road Widening Scope A-8 June 27, 2003, Revised November 23, 2004 The r.DOT Standard Specification8, Special Provision or Supplemantal Specifications may not be modified unless ab80lutely nece8sary to control project specific requirements. Proposed modifications to these listed documents shall he coordinated with the COUNTY, prior to inclusion in the final project specifications package. Proposed Technical Special Provisions will he submitted to the OOORTY for initial review at the time of the 90% plan review submission to the Project Manager. All cOllllllent8 will he returned to the CONSULTANT for correction and re8olution. The specification package must be submitted for initial review to the Project Agenda Itém No. 1687 Decennber14,2004 Page 12 of 41 Manager at l.a.t 30 day. prior to the contract packag. due date. Thi. .ubmittal cIoe. not r.quir. .igning and ..aling. Submittal mat.rial .hall con.i.t of the following item.: 1.) Th. print.d .pecification. packag. (on. .ide only and properly number.d). 2.) A copy of the final proj.ct plan.. The Final .ubmittal .hall :be signed, clated and ..aled in accorclance with applicabl. Floricla Statute.. The .ubmittal material. .hall con.i.t of the .... a. tho.. .ubmitted for the initial r.vi.w by the COUNTY. 3.5 Contract Maintenanc. Include. proj.ct management .ffort for compl.t. ..tup and maintenance of fil.., developing monthly progr... r.port., .chedul. update., work .ffort to develop and ex.cute .ubcon.ultant agr.ement., .tc. 3.6 Prime proj.ct Manager Me.ting. Include. Prime CONSUL'l'ANT proj.ct Manag.r .taff hour. for pha.. revi.w, progr... r.vi.w, all technical me.ting., and other coordination activiti.., including any travel time. Meeting. requir.d for .ach Activity ar. included in the me.ting. ..ction for that .pecific Activi ty. PROJECT COIMJH TASlCS The.. ta.k. are .pplicabl. to mo.t .ctiviti.. of the proj.ct included in this Scope of Work .. identified in S.ction. 4 through 21. Proj.ct Re..arch: Th. CONSULTANT .hall perform r....rch of .xi.ting POD and DRI document. for development. adj.c.nt to the proj.ct for comm.it:ment. regarding tight of Way, Stormwater Management, Roaciway Improvements or any other comm.itment. involving the intere.t. of the COUN'l'Y. All exi.ting POD and DRI document. will be as.embl.d into a proj.ct Commitment Report and .ubmitted to the COUNTY for th.ir r.view with the 30% Plan.. Cost Estimates: '!'h. CONSUL'l'ANT .hall :be responsible for producing a construction cost .stimat. and revi.wing and updating the cost .stimate if any scope changes occur and/or at a mil..ton. of the proj.ct. A. SUIIIIII&ry of P.y Items she.t shall be prep.r.d with the 60%, 90%, and 100% plans. T.chnical Speci.l provisions: The CONSUL'l'ANT shall provide T.chnical Special Provision. for all items of work not cover.d by the 1'DO'l' Stanclard Specification. for Road and Bridq. Construction and r.curring special provi.ion.. Standard Specification., recurring special provi.ions and .upplemental .pecifications should not b. modifi.d unl.s. ab.olutely nec....ry to control proj.ct specific r.quirement.. Th. fir.t nine section. of the .tanclard .pecification., recurring .pecial provisions and .upplemental .p.cifications .hall not :be modified without written approval of the COUNTY. All modification. to oth.r ..ction. must be ju.tifi.d to the proj.ct Manag.r to :be included in the project'. specification. p.ckage as T.chnical Special provi.ion.. Agenda Item No. 16B7 December 14,2004 Page 13 of 41 The Technical Special provi.ion. .hall provide a de.cription of work, material., equipment and specific r.quirement., method of mea.urement and ba.i. of payment. The.. provi.ion. .hall be .ubmi tted on I'inal Goodlette-I'rank Road Widening- Scope A-9 JUn. 27, 2003, Revi.ed November 23, 2004 8-l/2"xll" .heet. and .hall not have hol.. punched or be bound. in any way that would create a problem for high volume reproduction. Fi.ld Revi..s: Include. all trip. requir.d to obtain n.c....ry data for all elements of the proj.ct. T.chnical Meeting.: ·Include. meeting. with the COUNTY and/or Aqency .taff, bet.....n di.cipline. and subconsul tants , such a. acc..s manaqemen t me.ting-s, pavement design meetings, local governments, railroad compani.s, progress revi.w me.tings (phas. review), and miscellaneous meetings. Quality Assurance/Quality Control: It is the intention of the COUNTY that design CONSULTANTS are h.ld r.sponsible for their work, including plan. review. Detailed checking of CONSULTANT plan. or assisting in designing portion. of the project for the CONSULTANT is not the intent of having external design review consultants. The purpose of CONSULTANT plan review. is to en.ure that the CONSULTANT's plan. follow the plan prepar.tion procedure. outlined in the FDOT Plan. preparation Nanual, that state and f.deral de.ign crit.ria are followed consi.tent with the COUNTY concept, and that the CONSULTANT .ubDi ttals are complete. The CONSULTANT .hall be responsible for the professional quality, technical accuracy and coordination of all .urvey., designs, drawings, specification. and other services furnished by the CONSULTANT under this contract. The CONSULTANT .hall provide a Quality Control Plan that describe. the procedures to be utilized to verify, independently check, and review all map., de.ign drawings, specification., and.other documentation prepar.d as a part of the contract. Th. CONSULTANT .hall describe how the checking and review proce.... ar. to be documented to verify that the reqW.red procedur.. were followed. The Quali ty Control Plan may be one utiliz.d by the CONSULTANT a. part of their normal operation or it may be one .pecifically de.igned for this proj.ct. The CONSULTANT .hall .ubmit a Quality Control Plan for approval within 20 (twenty) calendar day. of the written Notic. to proce.d. A mark.d up .et of print. from a Quality Control Revi.w indicating the r.vi.....r. for each component (.tructure., roachray, drainage, .ignal. , g.otechnical, .igning and marking, lighting, .urvey. , etc) and a written re.olution of comments on a point by point ba.i. will be required with .ach review stage submittal. The re.ponsibl. Profe..ional Engineer, Land.cape Architect or Prof.ssional Surveyor that performed the Quality Control review will .ign a statement c.rtifying that the r.vi.w was conducted. Th. CONSULTANT .hall through all .tage. of de.ign and proj.ct con.tructi.on, Agenda Item No. 1687 - December 14, 2004 Page 14 of 41 wi thou t .dcl.i tional. compen..tion, correct .11 error. or deficiencie. in the de.ign., map., dr.wing., specific.tion. and/or other services. Requests for Info~tion (RrI's) from the COUNTY or the project's construction contr.ctor reg.rding plan or .pecific.tion deficiencies, ambiguitie. or conflicts sh.ll be re.olved to the s.tisf.ction of the COUNTY without additional compens.tion to the CONSULTANT from the COUNTY. Independent Peer Review: Independent Peer Reviews are not required. Supervision: Includes .11 efforts required to supervise .11 tedhn.ical design .ctivities. Coordination: Includes .11 efforts to coordin.te with .11 discipline. of the project to produce . fin.l set of construction documents. 4 ROADWAY HALYSI:S The CONSULTANT .hall analyze and document Ro.dw.y T..t. in .ccordance with .11 .pplicable manu.ls, guideline., standards, handbook., procedure., and current design memoranduma . 4.1 Typic.l Section P.ckage The CONSULTANT .hall provide an .pproved Typical Section P.ck.ge prior to the 30% plan review subD.i ttal. Final Goodlette-Frank Road Widening Scope A-10 JUne 27, 2003, Revised November 23, 2004 4 . 2 P.vemen t Design P.ckaqe The COUNTY sh.ll provide the standard p.vement section(s) to be utilized for the .improvements. The CONSULTANT shaJ.l verify the standard design is adequate for use on this project. 4.3 Acces. Management . The CONSULTANT .hall review .dopted COUNTY and I'DOT .cce.s man.gement standards and the existing .ccess condition.. JCxisting .cce.s th.t will be closed, relocated or sub.tantially .ltered shall be shown on plan sheet. and .ubmitted with supporting documentation for review with the 60% plan. sul::lm.ittal. 4.4 Horizontal/vertic.l Master De.ign File. The CONSULTANT .hall design the geometric. using the design standards that .re mo.t .ppropri.te with proper con.ider.tion given to the de.ign tr.ffic volumes, design speed, c.p.city and level. of .ervice, function.l cl...ific.tion, .dj.cent land use, de.ign consi.tency and driver expectancy, .e.thetics, pedestrian and :bicycle concerns, ADA requirements, elder ro.d u.er policy, .cce.. manag_nt, PD'J: documents .nd scope of wort. 4.5 Cro.s Section Design Files The CONSULTANT shall e.tablish and develop cross .ection design files in .ccordance with the CADD manual. 4.6 Tr.ffic Control Analysi. The CONSULTANT .hall design . ..fe and effective Tr.ffic Control Plan to move vehicul.r and pedestrian tr.ffic during all phase. of construction. The design sh.ll include construction phasing of roadw.y. ingre.. and egress to exi.ting property owners and Agenda Item -No. 16B7 December 14, 2004 Page 150f41 bu.ine.s.., routing, .igning and pavement marking., and detour quantity tabulation.. Specia1 consideration shall be given to the con.truction of the drainage .y.tem when developing the construction pha.e.. Po.itive drainage mu.t be mai.ntained at all times. The CONSULTAN'l' shall inve.tigate the need for temporary traffic .ignals, temporary lighting, alternate detour roads, and the u.e of materials such as sheet piling in the ana1ysis. The Traffic Control .Plan shall be prepar.d by a certifi.d design.r who has completed training a. requir.d by the 1'DO'1'. 4.7 Master TCP Design Fil.s - Not applicabl. 4.8 De.ign Variations and Exceptions - Not applicable 4.9 De.ign Documentation '!'he OONSULTAN'l' .hall prepare all applicabl. r.port(s) .. li.t.d in the Project De.cription .ection of thi.s .cope. The CONSULTANT shall .ubmi t to the COUNTY de.ign notes, data, and calculations to document the design conclu.ion. r.ached during the development of the contract plan.. The de.ign note., data, and computation. shall be recorded on .ize 8-1/2"x11" .heets, fully ti tled, numbered, dated, indexed and signed by the designer and the check.r. Computer output foz:ms and oth.r oversiz.d .heets shall be folded to 8-1/2"x11" siz.. The data shall be in a hardback folder for submittal to the COUNTY. 4.10 Computation Book and Quantiti.s The CONSULTAN'l' .hall prepare the computation hook and various summary of quantities sheets. Thi. include. all .ffort. requir.d to develop the computation book and the supporting documentation, including con.truction days when required. 4.11 Cost E.timate I'inal Goodlette-I'rank Road Widening Scope A-ll JUne 27, 2003, Revis.d November 23, 2004 4.12 Technical Special Provi.ions 4.13 Fi.ld Revi.ws 4.14 T.chnical Meetings 4.15 Quality Assuranc./Quali ty Control 4.16 Independent Peer Review 4.17 Superviaion 4.18 Coordination 5 ROADWAY PLANS Th. CONSULTAN'l' shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets, plan sh.et., note., and details. The COUNTY'. intent is to lII&Jt;m; ze the r.u.. of existing pavement and curb. Th. plan. .hall include the following .heet. n.c....ry to convey the intent and .cope of the project for the purpose. of con.truction: 5.1 Key Sheet 5.2 Summary of Pay Items Including Quantity Input 5.3 Drainage Map Not applicab1.. 5.4 Typical Section Sh.et. S. S General Notea/pay Item Notes Agenda Item No. 1687 . December 14, 2004 . Page 16 of 41 5.6 SUllllllary of Quantities 5 . 7 Box: Culvert Data Sheet 5.8 Summary of Drainage Structures 5.9 Optional Pipe/Culvert Material Not applicable 5.10 Project Layout Not applicable 5.11 Plan/Profile Sheet Plan/Profile sheets shall be used for both the widening of Goodlette- Frank Road and new roadway alignments at the Goodlette-Frank Road/Golden Gate Parkway intersection. 5.12 Special Profile Not applicable. 5.13 Inter.ection Layout Details 5.14 Miscellaneous Detail Sheets 5.1S Drainage Structure Sheet S .16 Miscellaneous Drainage Detail Sheets S.17 Lateral Ditch Plan/Profile Not applicable S.18 Lateral Ditch Cross Sections Not applicable 5.19 Retention/Detention Ponds Detail Sheets S . 20 Retention Pond Cross Sections S.21 Cross-Section Pattern Sheet Not applicable S.22 Roadway Soil Survey Sheet Final Goodlette-Frank Road Widening Scope A-12 June 27, 2003, Revised November 23, 2004 S.23 Crosa Sectiona will be provided for both new aliqnmenta and the widening of Goodlette- Frank Road. S.24 Traffic Control Plan Sheets (Level 1 MOT plans) 5.2S Traffic Control Cross Section Sheets (Levell MOT include. Typical Sections) S . 26 Traffic Control Detail Sheets 5.27 Utility Adjuatment Sheets Not applicable 5.28 Selective Clearing and Grubbing Not applicable 5.29 Erosion Control Plan S.30 storm Water Pollution Prevention Plan (SWPPP) S.31 Project Control Network Sheet Not applicable S.32 Interim Standards S.33 utility Verification Sheet (SCE Data) 5.34 Quality Assurance/Quality Control 5.35 Supervision 6 DRAINAGE ANALYSIS The CONStJLTAN'l' ahall analyze and document Drainage Tasks in accordance with all applicable Manual., guideline., standard., handbooks, procedure., and current deaign memorandums . The CONSULTAN'l' .hall be reapon.iJ:>le for de.igning a drainage and .tormwater management syatem. All design work ahall comply with the requir_nt. of the appropriate regulatory agencies and the I'DOT' s Drainage Manual. Coordinate fully with the appropriate permitting agencies, City of Naples, and the COUN'rY' s staff. The Gordon River Basin is currently under study by a consultant under contract with the COUNTY. The CONStJLTAN'l' will coordinate the project drainage designs with the Gordon River Basin study as much as possiJ:>le within the existing project right of way. All data and recommendations included in the study shall be utilized in the Goodlette-Frank Road improvements as directed by the Agenda Item No. 1687 Decernber14,2004 Page 17 of 41 COCNTY. Ana.lysis or verification of data or recOlllll8ndations inc~uded in the study is not incl.uded in this scope of services. The CONSULTANT wi~~ eva~uate the study recommendations for constructahi~ity and reasonableness with respect to the roadway improvement project. AJ.l drainage work al.ong Goodlette-I'rank Road shal~ be within the existing roadway right of way. Drainage work required outside the Goodlette-I'rank Road right of way wi~l be considered additional services, except for drainage work associated with new roadway alignments at the Goodlette-I'rank Road/Golden Gate Parkway intersection. The work wil~ inc~ude the engineering analyses for any or a~l of the fo~lowing: 6.1 DeteJ:D1ine Base Clearance Water :ø:~evation Analyze, deteJ:D1ine and document high water e~evations which wi~~ be used to set roadway profi~e grade. DeteJ:D1ine surface water e~evations at cross drains, f~oodp~ains, outfa~~s and adjacent stonawater ponds. DeteJ:D1ine groundwater e~evations at interva~s between the above mentioned surface waters. 6.2 Pond Site Anal.ysis Report Final. Goodlette-I'rank Road Widening Scope A-13 June 27, 2003, Revised November 23, 2004 Eva~uate pond sites using a pre~iminary hydro~ogic ana~ysis. Document the resu~ts and coordination for a~~ of the project's pond site ~yses. The FDOT Drainage Manua~ provides specific documentation requirements. 6.3 Design of Cross Drains Cross drain sizes wi~~ be provided in the Gordon River Drainage Study. The CONSULTANT wi~~ eva~uate the study recOlllll8Ddations for con.tructabi~ity and reasona.b~eness with respect to the roadway improvement project. Existing eross drains wi~~ be replaced with new conduits consistent with the recommendations of the study and the CONSULTANT'S review findings, and as directed by the COCNTY. 6.4 Design of Roadway Ditches and Cana~s Design roadway conveyance ditches and cana~s, inc~uding the modifications of existing facilities. This inc~udes deteJ:D1in.ing ditch and cana~ cross sections, grades, selecting suitab~e channe~ lining, designing the side drain pipes, and documentation. 6.5 Design of OUtfal~s Analyze and document the design of ditch or piped outfa~l. that may be required for new roadway alignments at the Goodlette-Frank Road/Golden Gate Parkway intersection. 6.6 Design of Stonawater Management I'aci~ity (Offsite Ponds or AJ.ternative Methods) Design stonawater management facilities to meet requirements for stormwater quali ty treatment and attenuation. Develop proposed pond ~ayout (shape, contours, slopes, etc.), do routing calculations, and design the outlet control structure. Design Agenda Item No. 1687 December 14, 2004 Page 18 öf 41 alternative stonnrater facilities to avoid pond sites and the acquisition of additional right of way. The location of sto~ater treatment and attenuation facilities along Goodlette-rrank Road for the widened pavement will be determined a. part of the Pha.e 1 dra.inage analy.i.. Sto~ater treatment and attenuation for the new roadway alignment at the Goodlette-Frank Road/Golden Gate Parkway intersection may be in ponda or roadside ditch.s. 6.7 Design of Sto~ater Kanagelllent racility (Roadside Ditch as Linear Pond) Design sto~ater management facilities to meet requirements for sto~ater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), do routing calculations, and design the outlet control structure. The location of sto~ater treatment and attenuation facilities along Goodlette-Frank Road for the widened pavement will be determined as part of the Phase 1 dra.inaqe analysi.. Stonnrater treatment and attenuation for the new roadway alignment at the Goodlette-Frank Road/Golden Gate Parkway intersection may be in ponds or roadside ditches. 6.8 Design of rlood Plain Compensation Area Determine flood plain encroachments, coordinate with regulatory agencies, and develop proposed compensation area layout (shape, contours, slopes, etc.). Document the design following the requirements of the regulatory agency. 6.g Design of Storm Drains Develop a "working drainage map," determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design Tailwater and, if necessary, outlet scour protection. The existing storm drainage system on Goodlette-Frank Road is assumed to have adequate capacity to accoallOdate the additional runoff from the widened pavement. Redesign of the existing system will be considered additional services and not included in this Scope of Services. Final Goodlette-rrank Road Widening Scope A-14 June 27, 2003, Revised November 23, 2004 6.10 Optional CUlvert Material Not applicable. 6.11 Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the dra.inage design tasks and associated meetings and decisions, except the Pond Si ting Analyses and Report and Bridge .Hydraulics Report. 6.12 Cost Estimate 6.13 Technical Special provisions 6.14 Field Reviews 6 . 15 Technical Meetings 6.16 Quality Assurance/Quality Control 6.17 Independent Peer Review 6.18 Supervision 6 . 1 g Coordination Agenda Item No. 1687 December 14,2004 Page 19 of 41 7 OTI:LJ:TI:ES The CONSULTANT shall identify utility facilities and secure agreements, utility work schedules, and plans from the utility Agency Owners (UAD) ensuring no conflicts exist between utility facilities and the COUNTY's construction project. The CONSULTANT shall certify all utility negotiations have been completed with arrangements made for utility work to be undertaken. 7.1 Kickoff Meeting CONSULTANT shall bring a copy of the design project work schedule reflecting utili ty activities. 7.2 I:dentify Existing UAD(s) I:dentify all utilities in the corridor; check with Maintenance for Pez:mi.ts, Sunshine State One Call, Subsurface Utili ty Engineering (Sm:) Report, Design Location Survey, and Existing Plans. 7.3 I:ndividual/Field Meetings Make utility Contacts First Contact: Send letters and two sets of plans to each utility, one set for the utility office, one set each to construction and maintenance if required. I:ncludes contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. I:nclude the meeting schedule (if applicable) and the design schedule. I:nclude typical meeting agenda. Second Contact: At ~ minimum of 4 weeks prior to the meeting, the COIlSULTANT shall transm.i t two complete sets of 30% plans to each UAD having facilities located wi thin the project limits, and one set to the COUNTY. Third Contact: I:dentify agreements and assemble packages. Send agreements, letters and two sets of plans to the UAD(s) including all component sets, one set for the utility office, one set to construction and maintenance if required. I:nclude the design schedule. Not all projects will have all contacts as described above. 7.4 Preliminary Utility Meeting Final Goodlette-Frank Road Widening Scope A-1S June 27, 2003, Revised November 23, 2004 The COIlSULTANT shall schedule (time and place), notify participants, and conduct a preliminary utility meeting with all affected UAD(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide followup information on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issue. that may impact utilities. Thi. i. also an opportunity for the UAD(s) to present proposed facilities. The COIlSULTANT shall keep accurate minutes and distribute a copy to all attendees. 7.S I:ndividual/Fie1d Meetings Agenda Item No. 1687 December 14,2004 Page 20 of 41 The CONSULTANT shall meet with each UAD separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAD (s) plans and work schedules. '!'he CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting. 7.6 Collect and Review Plans and Data fram UAO(s) Make Detez:mi.nations (Compensable Interest, Easements, Coord.inate, Analyze). Ensure info:r:mation (utility type, material and size) is sent to the designer for inclusion in the plans. Coord.ina te programming of funds. 7.7 Utility Design Meeting Prior to the meeting, the CONSULTANT shall transmit two complete sets of 60% plans to each UAD having facilities located wi thin the project limits, and one set to the COmrrY. '!'he CONSULTANT shall schedule (time and place), notify participants, and conduct a utility meeting with all affected UAD(s). '!'he CONSULTANT shall be prepared to d.iscuss drainage, traffic signalization, maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility info:r:mation collected, provide fOllow-up info:r:mation on compensable interest requests, d.iscuss the utility work by highway contractor option with each utility, d.iscuss any future design issues that may impact utilities, etc., to the extent that they may have an effect on existing or proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each UAD. The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion of the plans, includ.ing utility adjustment details. Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep accurate minutes of all meetings and d.istribute a copy to all attendees. 7 . 8 Review Utility Markups, Work Schedules, Processing' of Schedules and Aqreements Review utility marked up plans individually as they are received for content and coord.ina te review with the designer. Send color markups and schedules to the appropriate COmrrY office (s) for review. Distribute Executed I!'inal Documents. Prepare Work Order for UAD (a) . Coord.ina te programming of funds. 7.9 Utility Coord.ination/l!'ollow-up Thia includea follow-up, interpreting plana, and aasisting and the completion of the UAO (s) work schedule and agreementa. Includea phone calla, face-to-face meetinga, etc., to motivate Agenda Item No. 1687 December 14, 2004 Page21of41 and ensure the UAO (s) complete and return the required documents in accordance with the project schedu1e. Ensure the resolution of all known conflicts. This task can be applied to all phases of the project. 7.10 Utility Constructability Review Review utility schedu1es against construction contract time, and phasing for compatibi1.ity . Pinal Good1ette-Prank Road Widening Scope A-16 June 27, 2003, Revis.d November 23, 2004 7.11 Contract Plan. to UAO(s) This include. transmittal of the contract plan. a. proc....d for l.tting. Transmittal. to UAO(s) are by certifi.d mail, r.turn rec.ipt reque.ted. 7.12 Certification/Clo.e-Out The CONSULTANT shall certify to the appropriate COUNTY repr...ntative one of the following: All utility negotiation. (rull execution of each agreement, approved Utility Work Schedule. , technical special provi.ions wri tten, ete.) have been completed with arrangements made for utility work to be undertaken and completed a. required for proper coordination with the physical construction schedule. OR An on-.ite inspection was made and no utility work will be involved. OR Plans were sent to the Utility Companie./Agencie. and no utility work i. required. 8 ENVJ:RONIŒNTAL PElUlITS The CONSULTANT sbal.l notify the COUNTY Project Manager, Environmental Permit Coordinator and other appropriate personnel in advance of all scheduled meeting. with the regulatory agencies to allow a COUNTY repre.entative to attend. The CONSULTANT shall copy in the Project Manager and the Environmental Permit Coordinator on all permit related corre.pondence and meeting.. 8.1 Preliminary Project Research The CONSULTAN'.r shall perfonn preliminary project re.earch and .bal.l be re.ponsible for early identification of and coordination with the appropriate regulatory agencie., including U.S. Fish and Wildlife Service, Florida D.partment of State Divi.ion of Hi.torical Resource., Florida Fi.h and Wildlife Con.ervation Commission an Florida Natural Areas Inventory to as.ure that design efforts are properly directed toward permit requirements. 8 . 2 Complete P.rmi t Invol vemen t Ponn The CONSULTANT shall document permit involvement in coordination with the Permit Coordinator and COUNTY Project Manager. To be done upon completion of preliminary project research. 8.3 Establish Wetland JUrisdictional Lines The CONSULTANT shall collect all data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations Agenda Item No. 1687 December 14,.2004 Page 22 of 41 of each aqency processing or reviewing a permit application necessary to construct a COUNTY project. 8.4 Aqency Verification of Wetland Data The CONSULTANT shall be rellpOnsible for verification of wetland data identified in Section 8.3 and coordinating regulatory agency field reviews, including finalization of wetland a.seS8ment. with applicable agencies. 8.5 Complete and S~ t All Required Permit Application. 1) The CONSULTANT .hall prepare permit package. as identified in the Project Description .ection. 2) The CONSULTANT shall collect all of the data and infoxmation nece.sary to obtain the environmental permits required to construct a project. Final Goodlette-Frank Road Widening Scope A-17 June 27, 2003, Revised November 23, 2004 3) The CONSULTANT shall prepare each permit application for COUNTY approval in accordance with the rules and/or regulations of the environmental agency responsible for issuing a specific permit and/or authorization to perfo~ work. 8.6 Prepare Dredge and Fill Sketches Not applicable 8.7 Prepare USCG Permit Sketches Not applicable 8.8 Prepare Easement Sketches Not applicable 8.9 Prepare Right-of-Way Occupancy Sketches Not applicable 8.10 Prepare Tree Permit Information Not applicable 8.11 Mïtigation Coordination and Meeting. Not applicable The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed and approved by the COUNTY, the CONSULTANT will be rellpOnsible for coordinating the proposed mitigation plan with the environmental agencies. 8.12 Environmental Clearances The CONSULTANT shall prepare clearances for all roadway right of way acquisi tion, pond and/or mitigation sites identified. Archaeological and Historical Features: The CONSULTANT shall collect data necessary to completely analyze the impacts to all cultural and historic resources by the pond and/or mitigation .ites and prepare a Cultural Resource Assessment Reque.t Package. Wetland Impact Analysis: The CONSULTANT shall analyze the impacts to wetland. for the pond and/or mitigation sites and complete the Wetlands Evaluation Report. Threatened and Endangered Species Analysis: The CONSULTANT shall collect data nec.ssary to perfo~ an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and/or mitigation sites. Phase One Environmental Audit/Ass.ssment: The CONSULTANT shall perfo~ the necessary analysis to complete the Contamination Screening Evaluation for the pond and/or mitigation sites and complete the Contamination Screening Evaluation Report for property acquired for the new roadway alignment at the Goodlette-I'rank Road/Golden Agenda Item No. 1687 December 14,2004 Page 23 of 41 Gate Parkway intersection. Stor:mwater Pollution Prevention Plan: The CONSULTANT shall prepare the Stor:mwater Pollution Prevention Plan and obtain the I'DEP and EPA HPDES Permits. 8.13 Technical Meetinqs 8.14 Quality Assurance/Quality Control 8.15 Supervision 8 . 16 Coordination 9 STRUCTURES - SUMMARY AND III:SCELLoANEOUS TASXS AND DRAWnlGS Analyze and design all structures in accordance with applicable provisions as defined in Section 2.16, Provisions for Work. Contract documents shall display economical solutions for the qiven conditions. Final Goodlette-Frank Road Wideninq Scope A-18 June 27, 2003, Revised November 23, 2004 The CONSULTANT shall provide Design Documentation to the COUNTY with each submi ttal consisting of structural design calculations and other supportinq documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and loqically presented on 8~"xll" paper (where possible) and all sheets shall be numbered. The final design calculations shall be signed and sealed by a i'lorida-reqistered professional. enqin..r. A cover sheet indexi.nq the contents of the calculations shall be included and the enqineer shall sign and seal that sheet. All computer proqrama and parameters used in the design cal.culations shall include sufficient backup information to facilitate the review task. 9.1 Index of Drawings 9.2 Project Layout 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Computation Book and Quantities 9.7 Cost Estimate 9.8 Technical Special provisions 9.9 Field Reviews 9 .10 Technical Meetinqs 9.11 Quality Assurance/Quality Control 9.12 Independent Peer Review 9.13 Supervision 9.14 Coordination 10 STRUCTURES - BRIDGE DEVELOPMENT REPOR.T - Not applicable 11 STRUC'l'URS - 'l'EMPOR.AR.Y BRIDGE - Not applicable 12 STRUCTURES SHOR.T SPAN' CONCRETE BRIDGE - Not applicable 13 STRUCTURES MEDIAN' SPAN' CON'CRETE BRIDGE - Not applicable 14 STRUCTURES STRUCTURAL STEEL BRIDGE - Not applicable 15 STRUCTURES SEGMENTAL CONCRETE BRIDGE - Not applicable 16 STRUCTURES MOV]ŒLE SPAN' 17 STRUCTURES - RETAINING WALL 17.1 Key Sheets 17.2 Horizontal Wall Geometry 17.3 to 17.10 Not used Agenda Item No. 16B7 December 14, 2004 Pag~ 24 of 41 17 . 11 Design 17 . 12 Vertical Wal.l Geometry 17.13 General Rotes 17.14 Wall Plan and Elevations (Control Drawings) Final GoodJ.ette-Frank Road Widening Scope A-19 JUne 27, 2003, Revised Rovember 23, 2004 17.15 Sections and Details 17.16 Reinforcing Bar List 18 STRUCTURZS - MISCZI,I,ARZOUS CORCRJI:n BOX CULWRTS 18.1 Concrete Box Culverts 18.2 Concrete Box Culverts J:xtensions 18.3 Rot used 18.4 Rot used MAST ARMS 18.5 Mast AJ:ms OVZRBJ!:AD/CAR'l'ILZWR SIGN STRUCTDRJ:S 18.6 - 18.10 Rot used HIGH MAST LIGHT B'OURDATIORS 18.11 High Mast Lighting Structures SOUND BARlUJ:R WALLS (GROUND MOURT) 18.12 Horizontal Wall Geometry 18.13 Vertical Wall Geometry 18.14 Semi-Standard Drawings 18.15 Control Drawings 18.16 Design for Wall Height Covered :by Standards 18.17 Design for Wall Height not Covered :by Stanc:larda 18.18 Aesthetic Details 19 SIGNIRG AND PAVJ:IŒRT IfAlUItIRG ANALYSIS The CORSULTAR'l' shall analyze and document Signing and Pavement Markings Tasks in accordance with al.l applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 19.1 Traffic Data Analysis Perform queue analysis. The COURTY will provide the design traffic data. 19.2 Ro Passing Zone Study Rot applicable 19.3 Reference and Master Design File The CORSULTAR'l' shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files. 19.4 Multi-Post Sign Support Calculations The CORSULTART shall detez:mine the appropriate column size from the !'DOT's Multi- Post Sign Program(s) . Final GoodJ.ette-Frank Road Widening Scope A-20 JUne 27, 2003, Revised Rovember 23, 2004 19.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non-standard signs. 19.6 Sign Lighting/Electrical Calculations Includes the verification of photometrics on lighted, load center and voltage drop calculations. 19.7 Quantities 19.8 Computation Book 19.9 Cost Estimates 19.10 Technical Special provisions 19.11 Field Reviews 19.12 Technical. Meetings Agenda Item No. 1687 December 14,2004 Page 25 of 41 19.13 Qua~ity Â8surance/Qua~ity Control 19.14 Independent Peer Review 19.15 Supervision 19.16 Coordination 20 SIGHING .AND PAVI'.IŒRT MAlUtING PLANS The CONSULTANT sha~l prepare a set of Signing and Pavement Marking Plans in accordance with the P~ans Preparation Manual that inc~udes the fol.~owing: 20.1 Key Sheet 20.2 Summary of Pay Items Inc~uding as Input 20.3 Tabu~ation of Quantities 20. 4 General. Notes/Pay Item Note. 20.5 Project Layout 20.6 P1an Sheet 20.7 Typical Detail.s 20.8 Guide Sign Work Sheet (s) 20.9 Traffic Monitoring Site Not appl.icabl.e 20.10 Cross Sections 20.11 Specia~ Service Point Detai~s 20.12 Specia~ Details 20 . 13 Interim Standards 20.14 Quality Assurance/Quality Control 20.15 Supervision Overhead Sign Structure Sheet and Soil Boring Sheet are prepared in other activities of this scope. Final. Goodl.ette-I'rank Road Widening Scope A-21 June 27, 2003, Revi.ed November 23, 2004 21 SIGNALIZATION ANALYSIS The CONSULTANT shall anal.yze and document Signal.ization Ana~ysis Tasks for the existing Traffic Signal. System at the intersection of Goodl.ette-I'rank Road and Gol.den Gate Parkway for modifications needed to accommodate the six-l.ane configuration in accordance with al.~ app~icable manuals, guide~ines, standards, handbooks, procedures, and current design memorandums . 21.1 Systems Timings The CONSULTANT shall deteJ:DLine proper coordination timing. 21.2 Reference and Master Interconnect Communications Design I'il.e The CONSULTANT shall design Interconnect Communications 21 . 3 Quanti ties 21.4 Cost Estimate 21.5 Technical. Special Provisions 21.6 Field Reviews 21.7 Technical Meetings 21.8 Qual.ity Assurance/Quality Control 21.9 Supervision and Coordination 22 SIGNALIZATION PLANS The CONSULTANT shall. prepare a set of Signal.ization Pl.ans in accordance with the I'DOT Pl.ans Prepara tion Manual, which incl.ud.es the following: 22.1 Key Sheet 22.2 Summary of Pay Items Including OS Input 22.3 Tabulation of Quantities 22.4 General Notes/Pay Item Notes 22.5 Plan Sheet 22.6 Interconnect Plans 22.7 Traffic Monitoring Site 22.8 Guide Sign Worksheet Agenda Item No. 1687 December 14, 2004 Page 26 of 41 22.9 Special Detail. 22.10 Special Service Point Detail. 22.11 Utility Conflict Sheet 22.12 Interim Standards 22.13 Quality Assurance/Quality Control 22.14 Supervi.ion I'inal Goodlette-I'rank Road Widen.ing Scope A-22 June 27, 2003, Revi.ed November 23, 2004 23 LIGHTING ANALYSIS i'he CONSULTANT shall evaluate the existing lighting system. Lighting system modification., supplementation and/or replacements may require the following tasks that shall be performed. in accordance with all applicable manual., guidelines, standards, handbooks, procedures, and current design: 23.1 Lighting Justification Report Not applicable 23.2 Lighting Design Analysis Report The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report. i'he report shall be submitted under a separate cover prior to the 60% plans submittal. The report shall provide analyses for each typical section of the mainline, typical section for the ramps (one and/ or two lanes), interchanges, underdeck lighting, and arterial roads. 1!:ach lighting calculation shall be properly identified as to the area that it covers. The report sha11 include the Lighting Design Criteria that will be used and. shall include the evaluation of at least three lighting design alternatives and a recOllllll8nda tion on the alternative to use. Bach alternative shall be properly described; the alternatives shall consider different pole heights, lamp wattage, and aJ:DI. lengths. Each alternative shall be provided with a cost estimate that includes initial cost in addition to operations and maintenance cost for one year. After approval of the preliminary report the CONSULTANT shall submit a revised report including a detailed lighting design analysis for each submittal. 23.3 Voltage Drop Calculations The CONSULTANT shall submit voltage drop calculations showing the equations used along with the number of luminaries per circuit, the length of each circuit, the size conductor or conductors used and their ohm resistance values. i'he voltage drop incurred on each circuit (total volts and. percentage of drop) shall be calcuJ.ated, and. a1l work necessary to calculate the voltage drop values for each circuit should be presented in such a manner as to be duplicated by the County. Load analysis calculations shall be submitted for each branch circuit breaker and main breaker. 23.4 FDEP Coordination and Report Not applicable 23.S Reference and Master Design I'iles The CONSULTANT shall prepare the Lighting Design file to include all Agenda Item No. 1687 December 14, 2004 Page. 27 of 41 necessary design e1ements and &11 associated reference files. 23.6 Design Documentation The CONSULTANT shall su!:lmit a Roadway Lighting Design Documentation Book with each lighting plans su!:lmitta1 under a separate cover and not part of the roadway documentation book. At a minimum, the design documentation book sha1l include: 1) Lighting Calculations. 2) Back up sheet for each bid item quantity total. on each 1ighting p1an sheet. 3) Phase submittal. checklist. 4) Three-way quanti~y check 1ist. 5) Structura1 calculation for special conventiona1 pole concrete foundations Final Good1ette-J!'rank Road Widening Scope A-23 June 27, 2003, Revised November 23, 2004 6) Letter to the power company requesting service. 7) Power company confirmation letter on the requested services. B) Voltage drop calculations. 9) Load ana1ysis calculations. 23.7 Quantities 23.B Cost Estimate 23.9 Technical Special Provisions 23.10 J!'ield Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include but is not limited to the following: 1) Existing Lighting Equipment. 2) Load Center, Capabilities and Condition/Age. 3) Condition of Lighting Structure (s) 23.11 Technical Meetings 23.12 Quality Assurance/Quality Control 23.13 Independent Peer Review 23.14 Supervision 23.15 Coordination 24 LIGHTING PLANS The CONSULTANT sha1l prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the fo11owing: 24.1 Key Sheet 24.2 Summary of Pay Item Sheet Inc1uding CBS Input 24.3 Tabulation of Quantities 24.4 General Notes/Pay Item Notes 24.5 Pole Data and Legend' Criteria 24.6 Service Point Details 24.7 Project Layout 24. B Plan Sheet 24.9 Special Details 24.10 Temporary Lighting Data and Details 24.11 Traffic Control Plan Sheets 24.12 Interim Standards 24.13 Quality Assurance/Quality Control 24.14 Supervision J!'inal Goodlette-J!'rank Road Widening Scope A-24 June 27, 2003, Revised November 23, 2004 25 LANDSCAPE ARCHITECTURE ANALYSIS - Not applicab1e 26 LANDSCAPE ARCHITECTURE PLANS - Not app1icab1e Agenda Item No. 1687 December 14,2004 Page 28 of 41 27 SCRV'ZY The COCNTY will provide the C01ISULTAN'l' with a baseline t:opographic survey provided under s.parate cont:ract:. The baseline survey will b. provided in the fona of hard copy plan drawings and computer fil.s in Aut:odesk Land D.velopment: D.skt:op (. dwq) format. '!'h. surv.ying was conducted for the purpose of providing existing t:opographic and ut:i.1it:y featur.s to advance design. The CONSULTAN'l' will supplement: this survey with sit:e-specific data qatherinq in the process of developinq the de.ign of this proj.ct:. '1'he CONSULTAN'l' will notify the COCNTY if .rror. or omission. are found in the dat:a. The CONSULTAN'l' will provide add.i.tional .urvey related s.rvices as specified herein. 27.1 Revi.. of Survey Review survey provided by the COUNTY for qualit:y and quant:i.t:y of informat:i.on gathered with respect: t:o the n.eds of the proj.ct:. Review right: of way locations, propert:y line loca t:i.ons, and utili t:y loca t:ions and iden t:ifica t:ion. '1'he CONSULTAN'l' will not:ify the COUNTY immediately of any mi. sing or inaccurate survey informat:ion 27.2 Digital Terrain Model (DTM) Survey information provided by the COUNTY shall he insert:ed int:o the proj.ct: plan. by the . CONSOLTAN'l', and used t:o gen.rat:e an accurat:. digit:al 'terrain model of the project: area .uitabl. for the CONSULTAN'l". proj.ct: de.ign purpo.... 27.3 Pond Site Survey CONSOLTAN'l' shall survey pond. .i'tes as needed. 27.4 ~t:i.gat:ion Survey - Not: applicahile 27.5 Geotechnical Support: Perfozm 3-dimen.ional (X,Y, Z) field locat:ion, or stakeout:, of boring sites es'tablished by geotechnical engineer. Includes fi.ld edit:s, analysis and proce.sing of all field collected data and/or report:.. 27.6 Supervision All Survey work perfoz:med by the CONSULTANT shall he cert:ifi.d by professional surveyor regist:.red in the St:at:e of Florida. 27.7 Coordinat:i.on 28 PHOTOGRAI8ŒTRY - Not: applicabl. 29 MAPPING The CONSULTAN'l' will he responsible for the preparation of cont:rol survey maps, right: of way maps, main'tenance maps, sket:ches, other miscellaneous survey maps, and legal descript:ion. as required for this project: in accordance with all applicable F.DOT Manual., Procedures, Handbooks, and Florida St:atut:es. All maps, surveys and legal descript:ions will be prepared under the direct:ion of a Florida Professional Surveyor and Mapper (PSM) t:o !'DOT size and format: requirement:s ut:i.lizing !'DOT approved soft:ware, and will he designed t:o provide a high degree of uniformit:y and maximum reac:lahilit.y. '!'he CONSOLTANT will submit: Final Goodlet:t:e-Frank. Road Widening Scope A-25 Agenda Item No. 16B7 December 14, 2004 Page 29 of 41 June 27, 2003, Revised November 23, 2004 maps, legal descriptions, quality assurance check prints, checklists, electronic media files and any other documents as required for this project to the COUNTY for review at stages of completion as negotiated. MASTBR CADD F:ILB 29 . 1 Alignment 29.2 Section and 1/4 Section Lines 29.3 Subdivisions 29.4 Existing Right of Way 29.5 Topography . 29.6 Parent Tract Properties and ZXisting Bas...nbl 29.7 Proposed Right of Way Requirements The BNGnŒBR 01' RECOlm (BOR) will provide the proposed requirements. The PSM is responsible for calculating the final geometry. 29.8 L~ts of Construction The limdts of construction DGN file as provided by the BOR will be imported or referenced to the master CADD file. Additional labeling will be added as required. The PSII is required to advise the BOR of any noted discrepancies between the l~ts of construction line and the existing/proposed right of way lines, and for making adjustments as needed when a resolution is deteani.ned. 29.9 JUrisdictional/Agency Lines These lines may include but are not l~ted to jurisdictional, wetland, water boundaries, and city/county l~t lines. SBBBT FILBS 29.10 Control Survey Cover Sheet 29.11 Control Survey Key Sheet 29.12 Control Survey Detail Sheet 29.13 Right of Way Map Cover Sheet 29.14 Right of Way Map Key Sheet 29.15 Right of Way Map Detail Sheet 29.16 Maintenance Map Cover Sheet Not applicable 29.17 Maintenance Map Key Sheet Not applicable 29.18 Maintenance Map Detail Sheet Not applicable Final Goodlette-Frank Road Widening Scope A-26 June 27, 2003, Revised November 23, 2004 29.19 Reference Point Sheet This sheet(s) will be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.20 Project Network Control Sheet This sheet depicts the baseline, the benchmarks, the primary and secondary control points and their reference points including the type of material used for each point, their XYZ coordinates, scale factors and convergence angles. This sheet(s) may be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.21 Table of Ownerships Sheet MI:SCJI!T.T·JUŒOUS SURVEYS AND SDTCBBS 29.22 Parcel Sketches 29.23 T:IITI' Sketches 29.24 Other Specific Purpose Survey(a) 29 . 25 Boundary Survey (a) Map 29.26 Right of Way Monumentation Map Agenda Item No. 1687 December 14, 2004 Page 30 of 41 29.27 Title Search Map 29.28 Title Search Report 29.29 Legal Description. 29.30 Final Map/Plans Comparison The PSM .ill perform a comparison of the final right of .ay maps .i th the available construction plans to revi.. the correctn.ss of the type of parcel to be acquired and the stations/offsets to the required right of .ay. The PSM .ill coordinate .ith the EOR. to resolve any conflict. or di.cr.panci.. and provide documentation of the r.vi... 29.31 Fi.ld Revi... 29.32 Technical Me.ting. 29.33 Quality As.urance/Quality Control 29.34 Supervision 29.35 Coordination 30 GEOTECHNICAL The CONSULTANT shall, for each project, be responsible for a complete geotechnical investigation. All .ork performed by the CONSULTANT shall be in accordance .i th I'DOT standards. The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend all r.lated meetings and field activities. Fin.l Goodlette-Frank Ro.d Widening Scope A-27 June 27, 2003, Revised November 23, 2004 30.1 Document Collection and Revie. CONSULTANT .ill review printed liter.ture including topogr.phic map., county .gricultural maps, .eri.l photogr.phy (including historic photos), ground water resourc.s, geology bulletins, potentiametric maps, pile driving records, historic construction records and other geotechnic.l rel.ted resources. Prior to field reconnaissance, CONSULTANT shall review U.S.G.S., S.C.S. and potentiometric maps, and identify areas .ith problematic soil and groundwater conditions. ROADWAY The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activitie.. The CONSULTANT shall retain .11 samples until acceptance of 90% plans. Th. pr.liminary roadw.y exploration .ill be performed. and results provided to the Engineer of Record to assist in setting road..y gr.des and locating potenti.l problem .r.... All laboratory te.ting and classific.tion .ill be performed in accordance .ith applicable rDOT standards, AS'l'M Standards or AASBTO Standards, unless otherwise specified in the Contract Documents. 30.2 Detailed Boring Location Plan Develop a detailed boring location plan. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole to the COUNTY for approv.l prior to commencing with the boring program. Borings will b. ._-----._~_...-,. Agenda Item No. 1687 December 14,2004 Page 31 of 41 obtained at proposed signa1 po1e 10cations, cross drain 10cations, a10ng new roadway a1ignments for the Good1ette-Frank Road/Go1den Gate Parkway intersections, and ponds required for the new roadway a1ignments. Band augers wi11 be obtained on 500' spacings wit:hi.n the existing median to a depth of up to 5 feet to verify the existing materia1 wi thin the median . 30 . 2A PAVB:IIEN'r CORING Bx.i.sting pavement within the 1imits of work on Goodl.ette-Frank Road sha1l be obtained in accordance with FDOT procedures. 30.3 Stake Borings/Uti1ity Clearance Stake borings and obtain utility clearance. 30.4 MOT P1ans for Fie1d Investigation Coordinate and develop Maint:enance of Traffic (MOT) p1an. AJ.1 work zone traffic contr01 wi1l be performed in accordance with the FDOT' s Roadway and Traffic Design Standards Indez 600 series. 30.5 Dri11ing Access Pe~ts Obtain a11 State, County, City, and Water Management District pe~ts for perfo~ng geotechnical borings, as needed. 30.6 Groundwater Monitoring - Not app1icable 30.7 LBR Samp1ing - Not app1icab1e 30.8 Coordination of Fie1d Work Coordinate a11 fie1d work required to provide geotechnical data for the project. Fina1 Goodlette-Frank Road Widening Scope A-28 June 27, 2003, Revised November 23, 2004 30.9 Soi1 and Rock C1assification - Roadway Refine soil profi1es recorded in the fie1d, based on resu1ts of 1aboratory testing. 30.10 Design LBR Dete~ne design LBR va1ues from the 90% and mean methods. 30.11 Laboratory Data Tabu1ate 1aboratory test results for inc1usion in the geotechnica1 report, the report of tests sheet (Roadway Soi1 Survey Sheet), and for any necessary ca1cu1ations and ana1yeea. 30.12 Seasona1 High Water Table Review the encountered ground water 1eve1. and .stimate seasona1 high ground water 1evels. Estimate .easona1 10w ground water levels, if requested. 30.13 Parameter. for Water Retention Areas CaJ.cu1ate parameters for water retention areas, exfi1tration trenches, and/or swa1es . 30.14 Limits of Unsuitable Materia1 De1ineate 1imits of unsuitable materia1(s) in both horizonta1 and vertical directions. Assist the Engineer of Record with detai1ing these 1imits on the cross-sections. If requested, prepare a plan view of the 1imits of unsuitab1e materia1. Assist the Engineer of Record in dete~ning the 1imi ts of required subsoi1 excavation. 30.15 CADD Drawing Fi1es for P10tting of Boring Data on Cross-Sections Create ASCII fi1es of boring data for croee-sections. Agenda Item No. 1687 Decernber14,2004 Page 32 of 41 30.16 Stoz:mwater Volume Recovery and/or Background Se.page Analys.is Perform stoz:mwater volume recovery analysi.. 30.17 Geotechnical Recommendations prov.ide geotechnical recommendations regarding the proposed roadway construction project .including the following: description of the site/alignment, des.ign recommenda tions and. discussion of any special considerations (i.e. removal of unsuitable material, consolidation of weak soils, est.ima~ settlement t.iIIIe/amount, groundwater control, h.igh groundwater condit.ions relative to pavement ]:)ase, etc.) Jllvaluate and rec()'l'l'"le,.d types of geosynthet.ics and. propert.ies for various applications, a. required. 30.18 Prelim.inary Report If a prelim.inary roadway investigation is performed, a prelim.i.nary roadway report shall :be subm.i tted ]:)efore the 30% plans subm.i ttal. The purpose of the prel.iminary roadway report will ]:)e to assist in setting road grades and locating potential prO]:)leme. Copies of U.S.G.S. and S.C.S. maps with project lim.i.ts shown A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers of sim.ilar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed .in the previous section (Data Interpretation and Analysis). An appendix that contains stratif.ied soil ]:)oring profiles, lâboratory test data sheets, sample embankment settlement and stability calculat.ions, design LBR calculat.ion/graphs, and other pertinen t calcul.a tions . Final Goodlette-Frank Road Widening Scope A-29 June 27, 2003, Revised November 23, 2004 The CONSULTANT will respond in writing to any changes and/or coamaents from the COmrrY and su1:lmit any responses and revised reports. 30.19 Final Report The Final Roadway Report shall .include the following: Copies of U. S . G. S. and S. C . S. maps with project l.imi ts shown A report of tests sheet that summarizes the lâboratory test results, the soil and rock stratification (i.e. soils grouped into layers of similar mater.ials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis) . An appendix that contains stratified soil-]:)oring profiles including top of rock elevations, lâboratory test data sheets, sample em]:)ankment settlement and stability calculat.ions, design LBR calculation/graphs, and other pertinent calculations. The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and su1:lmit any responses and revised reports. STRUCTUDS The CONSULTANT shall ]:)e respons.:ible for coordination of all geotechnical related fieldwork Agenda Item No. 1687 Decernber14,2004 Page 33 of 41 activities. The CONSULTANT shall retain all samples until acceptance of the 90% plans. CONSULTANT shall perfoxm specialized field-testing as required by needs of project. All laboratory testing and classification will be performed in accordance wi th applicable B'DO'l' standards, U'l'M Standards or AASBTO Standards, unless otherwise specified in the Contract Documents. The staff hour tasks for atructural foundationa for box culverts, walla, overhead signs, ma.t axm signal., and other .tructure. include the followinq: 30.20 Detailed Borinq Location Plan Develop a detailed boring location plan. ~f the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole. Stake Borings/Utility Clearance Stake borings and obtain utility clearance. 30.21 MOT Plans for Field ~nvestigation Coordinate and develop MOT plan. All work zone traffic control "ill be performed in accordance "ith the I'DOT's Roadway and Traffic Design Standards ~ndex 600 series. 30.22 Collection of Corrosion Samples - Not applicable 30.23 Coordination of Field Work Coordinate all field work required to provide geotechnical data for the project. 30.24 Soil and Rock Classification - Structures Soil profiles recorded in the field should be refined based on the results of laboratory testing. 30.25 Tabulation of Laboratory Data Laboratory test results should be tabulated for inclusion in the geotechnical report and for the necessary calculations and analyses. Final Goodlette-Frank Road Widening Scope A-30 JUne 27, 2003, Revised November 23, 2004 30.26 Design Groundwater Level for Structures Review encountered ground "ater levels, estimate seasonal high groundwater levels, and evaluate groundwater levels for structure design. 30.27 Walls Provide the design soil profile (s), "hich include the .oil model/type of each layer and all .oil enqineerinq properties required by the Engineer of Record for conventional "all analy.e. and recommendations. Review wall design for geotechnical compatibility and constructability. Evaluate the external stability of conventional retaining "alls and retained earth "all systems. For retained earth -:all systems, calculate and provide minimum soil reinforcement lengths versus wall heights, and soil parameters assumed in analysis. Estimate differential and total (long texm and short texm) settlements. Provide wall conatruction recommendations. 30.28 Soil Parametera for Signa, and Geotechnical Recommendationa Provide the design aoil profile (a) that include the soil model/type of each layer and all soil Agenda Item No. 16B7 Decernber14,2004 Page 34 of 41 properti.s r.quir.d by the Engin..r of :Record for foundation cIa.ign. :Revi.w de.ign for g.otechnica~ compatibi~ity and con.tructabi~ity. 30.29 Box Cu~vert Ana~y.i. Provide the de.ign .oi~ profi~.(.) that inc~ude the .oi~ mode~/type of .ach ~ay.r and a~~ .oi~ properties requir.d by the Engin..r of :Record for foundation design. Revi.w de.ign for geotechnica~ compatibility and con.tructabi~ity. Provide ~at.ral .arth pr.s.ur. co.ffici.nt.. Provide box cu~vert con.truction and design r.commendation.. E.timate differ.ntial and total. (long tenn and .hort tenn) s.tt~_nt.. Evaluate wingwall .tabil.i.ty. 30 . 30 Final :Report. - Signs, Signals, Box Cu~ vert, Wa~l., and High Ma.t Light. Th. final r.ports sha~l inc~ude the fol~owing: 1) Copi.s of U.S.G.S. and S.C.S. maps with proj.ct limit. .hown. 2) Summary of structur. background data, SCS, USGS, geologic and pot.ntiometric data. 3) Th. r..u~ts of all task. discuss.d in the pr.vious ..ction (Data ~nt..rpr.tation and Analysie) . 4) ReCOllllll8ndations for foundation in.ta~lation, or oth.r sit. pr.par.tion .oil.-r.lated construction con.ideration. with plan sh..ts .. n.c....ry. 5) Any .peci.l provi.ion. r.quir.d for con.truction that are not addr....d in the I'DOT'. Standard specification. 6) An App.ndix which include. SP'l' and CI?T boring/.ounding profi~.., data from any .pecia~ized fi.~d te.ts, .ngineering ana~ysi., notes/.ample calculations, she.ts .howing ultimate bearing c.pacity curves versus e~ev.tion for pil.s and dri~~.d shafts" a compl.te J!'BWA ch.ck list, pile driving records (if .vailable) and any oth.r pertin.nt information. 7) Fin.l report. will incorpor.te COllllll8nts from the COUNTY and contain any additional fi.ld or laboratory test r.sults, r.COllllll8nded foundation alt.rn.tives .long with de.ign Fin.l Goodl.tte-Frank Ro.d Widening Scop. A-31 JUn. 27, 2003, Revi..d November 23, 2004 parameters and .pecial provisions for the contract plans. The .reports will be submitted in final fonn and will inc~ude the following: 8) Al~ original p~an .heets (11" x 17") 9) On. s.t of all p~an and ~cification documents, in .l.ctronic format, according to I'DOT r.quirement. 10) Two s.ts of record print. 11) Six s.ts of any .peci.l provisions 12) All r.f.r.nc. and support documentation u.ed in pr.paration of contract plans p.ckag. Additional final report. (up to four), ..ide from .tated abov., may be n..ded and r.qu..ted for the COUNTY'. proj.ct Manag.r and oth.r di.cipline.. Th. final reports, special provision., a. well as record prints, will be sign.d and s.aled by a Professional Engine.r Agenda Item No. 1687 December 14,2004 Page 35 of 41 registered in the State of Florida. Prepare the detai1èd boring/sounding standard sheets, including environmental classification, resu1ts of laboratory testing, and specialized construction requirements, in a format suitable for inclusion in the final plans. 30.31 Drafting Prepare a complete set of drawings to include al.l SPT borings, auger borings anc! other pertinent soils information in the plans. Include these drawings in the Final Geotechnical Report. Draft borings, location map, S.C.S. map anc! U.S.D.A. map. Soil symbols must be consistent with those presented in the latest Florida Department of Transportation Soils and Foundations Handbook. 30.32 Technical Special Provisions 30.33 Field Reviews Identify and note surface soil and rock conditions, surface water conditions and locations, and preliminary utility conflicts. Observe and note nearby structures and foundation types. 30.34 Technical Meetings 30.35 Quality Assurance/Quality Control 30.36 Supervision 30.37 Coordination 31 PROJECT REQUIREMENTS 31.1 Liaison Office The CO'DN'l'Y and the CONSULTANT will designate a Liaison Office and a Project Manager who shall be the representative of their respective organizations for the Project. While it is expected the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters of this project remain with the CO'DN'l'Y. 31.2 Key Personnel The CONSULTANT's work shall be performed and directed by the key personnel identified in the proposal. presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by the CO'DN'l'Y. Final Goodl.ette-Frank Road Widening Scope A-32 June 27, 2003, Revised November 23, 2004 31.3 Progress Reporting The CONSULTANT shall meet wi th the CO'DN'l'Y as required and shall provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the CO'DN'l'Y concurrently wi th the monthly invoice. The Project Manager will make judgment on whether work of sufficient quali ty and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 31.4 Correspondence Copies of all written correspondence between the CONSULTANT and any party pertaining Agenda Item No. 1687 Decernber 14. 2004 Page 36 of 41 Specifically to this contract shall be provided. to the COUNTY for their recorcis wi thin one (1) week of the receipt or mailing of said correspondence. 31.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of I'lorida sign and seal all reports, documents, and plans as required :by I'DO'r stanc:lards. 31.6 Computer Automation The project will be developed utilizing Computer Aided Drafting and D.sign (CADD) systems. It is the r.sponsibili ty of the CONSULTANT to me.t the :requirements in the l'DO'r's CADD Man~. S.e Section 2 of this Scope of Services for additional computer file submittal requirements. The CONSULTANT is to coordinate their work with any and all adjacent and integral consultants so as to effect oomplete and homogenous plans and speoifications for the project described herein. 31.7 Optional Services At the COCN'rY's option, the CONSULTANT may be :requested to provide post design servioes. The fee for these services shall be negotiated in acoordance with the terms detailed in Exhibit B, Method of Compensation, for a fair, oompetitive and reasonable cost, considering the soope and oompl.xity of the projeot. The additional services may include Construction Assistanc., Review of Shop Drawings, or other Post Design Services as required. 32 INVOICr.NG LIMITS Payment for the work accomplished will be in aooordance with Method of Compensation of this oontraot. Invoices shall be submitted to the COCN'rY, in a format prescribed :by the COCN'rY. The COUNTY Projeot Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings oompared to the projeot schedule and the work aocomplished and aocepted :by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the COUNTY. Agenda Item No, 16B7 Decernber14,2004 Page 37 of 41 Supplement No. 2 Fees Drainage Drainage Analysis and Plans. $285,114 Royal Poinciana Environmental. $3,000 Ponds and Ditch Survey - $7,580 Pond Borings - $10,600 SUB in Median - $9,625 Total Drainage Supplement - $315,919 Roadway Improvements on Solana' Burning Tree - $22,483 Structural Analysis for New Signals - $6,498 American Expenses - $1,608 Total Roadway Supplement - $30,589 Traffic New Signals at Ohio' Wilderness - $13,611 Lighting on GFR - $67,568 Revised Fee for Original Traffic Services - ($69,952) Total Traffic Supplement - $11,227 Total Supplement No.1 - $357,735 Original Basic Fee. $849,495 Grand Total Fee - $1,207,230 November 23, 2004 American Project No. 5039851 American Consulting Engineers of Florida, LLC GOODLETTB-B'RANJC ROAD CAPACITY DCPROVJ:MB:NTS (Golden Gate Parkway to Pine Ridge Road) Schedule B - Supplement No. 2 SA 2 GFR Negotiated Fee 112304. xls Fee analysis - County Page 1 of 1 11/24/2004 CONTRACT MODIFICATION CHECK LIST Revised 9/14/04 Agenda Item No. 1687 December 14, 2004 Page 38 of 41 Agenda Item No. 1687 December 14,2004 Page 39 of 41 PROJECT NAME: Goodlette-Frank Road PROJECT #: 60005 BID/RFP #: 03-3509 $143.977 PO #: 4500016367 MOD #: S.A. No.2 AMOUNT OF THIS CHANGE $357.735. net CONTRACT AMOUNT: ORIGINAL $ 849.495CBasict $1.063.2539CODtionan CURRENT $1.207,230 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 1 ,063.253 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Julv 29. 2003 Agenda Item # (16)(B)(15) Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 143.977 Percentage ofthe change over current contract amount 13.5 % Formula: (Current Amount I Last BCC approved amount)-1 CURRENT COMPLETION DATE (S):ORIGINAL: 06-01-04 CURRENT: 12-31-05 SUMMARY OF PROPOSED CHANGE (S): Add desÌlm options of drainage and street lights: add new design items of two traffic sillDals. intersection improvements at Burning Tree Dr and Solana Rd. and two retention ponds. JUSTIFICATION FOR CHANGE (S): Enable current desian directives to be comoleted: and bid cackaae be orecared. PARTIES CONTACTED REGARDING THE CHANGE: Consultant and Gene Calvert IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) -Y- Proposed change is consistent with the scope of the existing agreement -Y- Proposed change is in fact an addition or deletion to the existing scope L Change is being implemented in a manner consistent with the existing agreement -Y- The appropriate parties have been consulted regarding the change -Y- Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Allen R. Ruth. P.E. DISAPPROVE: COMMENTS: Date: 11-24-04 Date: Revised 9/14/04 Agenda Item No. 1687 December 14, 2004 Page 40 of 41 GOODLE'ITE-FRANK ROAD (GOLDEN GATE PARKWAY TO PINE RIDGE ROAD) SUPPLEMENTAL AGREEMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT THIS Supplemental Agreement No.1 to the Professional Services Agreement, Contract 03-3509, dated July 29, 2003 (hereinafter referred to as the "AGREEMENT") is made and entered into this _day of , 2004, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as the "COUNTY" or "OWNER''), and American Consulting Engineers of Florida, LLC, a corporation duly authorized to conduct business in the State of Florida, whose business address is 4111 Land O'Lakes Boulevard, Suite 110, Land O'Lakes, FL 34639 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid Professional Services Agreement for the provision of professional services for the Design and Permitting of Goodlette-Frank Road (Golden Gate Parkway to Pine Ridge Road), Project No. 60005 (hereinafter referred to as the "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree design and engineering services consisting of the design of approximately two miles of Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road as a six lane section, presently a four lane section; additional to the services being contemplated under said AGREEMENT are necessary; and, WHEREAS, CONSULT ANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: ARTICLE ONE I .1 CONSULTANT shall provide to OWNER professional Design, Surveying and Environmental Services in all phases of the project to which this supplemental agreement applies. 1.2 CONSULT ANT shall provide professional services in addition to those outlined in said AGREEMENT as noted in Schedule A, Scope of Services, as attached hereto, and made a part hereof. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, Cost Estimate, as attached hereto, and made a part hereof. 2.2 AGREEMENT amount through Supplement No. I ............. $ 849,495.00 (Basic Services) This Supplemental Agreement No. 2 .................................. $ 357.735.00 (Ootional & New) Revised AGREEMENT total amount ..... .................. ......... $ 1,207,230.00 (Basic Services) Last BCC Approved Amount............................................ $ 1,063,253.00 (Basic & Optional) ARTICLE THREE 3.1 The schedule for said PROJECT wil1 be revised to add 396 calendar days from November 30, 2004, to December 31, 2005. Page 1 of2 Agenda Item No. 1687 Decernber14,2004 Page 41 of 41 ARTICLE FOUR 4.1 The AGREEMENT, as modified, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement to the Professional Services Agreement for the Design and Permitting of GoodIette-Fmnk Road the day and year first written above. A 1TEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLmCAL SUBDMSION OF TIlE STATE OF FLORIDA. By: By: Approved as to fonn and legal sufficiency: CONSULTANT Assistant County Attorney American Consulting Engineers of Florida, LLC Witness By: Typed Name and Title Witness (CORPORATE SEAL) Page 2 of2 Agenda Item No. 1688 Decernber14,2004 . Page 1 of 6 EXECUTfVES~~Y Recommendation to approve a Donation Agreement and to accept the conveyance of a Temporary Construction Easement required for the replacement of a drainage pipe under Blocks 260 and 261, Golden Gate Unit 7 (Project No. 60016). Estimated Fiscal Impact: S18.50 O&JECTIVE: To obtain a Temporary Construction Easement necessary for the replacement of an existing 38"x53" corrugated metal drainage pipe which is failing and which runs underground along the lot line common to Lot 1, Block 261 and Lot 26, Block 260, Golden Gate Unit 7. CONSIDERATIONS: The under section of the existing pipe has started to disintegrate, thereby reducing its flow capacity. The replacement of the existing pipe is necessary to prevent potential flooding caused by the further disintegration of the pipe and reduction of its flow capacity. - There are two parallel and abutting six-foot Drainage Easements dedicated to Collier County in the plat of Golden Gate Unit No.7. However, these existing easements are not sufficiently wide to accommodate the proposed drainage pipe replacement, as the work entails laying out the new pipe along the side of the existing Drainage Easements, and digging a trench and piling the dirt from the trench within the existing easements. For this reason the temporary use of five feet of the property on one side of the existing easements is required. It is preferable to obtain a written agreement from the property owner as the agreement makes it clear that the easement is being donated, that no consideration is payable, that the written agreement constitutes the entire agreement and understanding of the parties, and that there are no other considerations being promised in exchange for the conveyance of the easement. FISCAL IMP ACT: The property owner has donated the required Temporary Construction Easement to Collier County. Other than recording fees of $18.50, there is no fiscal impact to the County associated with the acceptance of the easement. Source of funds are gasoline taxes. GROWTH MANAGEMENT IMP ACT: There is no growth management impact related to this recommendation. RECOMMENDATION: That the Board of County Commissioners of Collier County: I. Authorize its Chainnan to execute the agreement on behalf of the Board; and 2. Accept the conveyance of the Temporary Construction Easement, and authorize staff to record same in the public records. PREPARED BY: Robert Bosch: Property Acquisition Specialist, TECM - Right-of-Way Acquisition ~ Item Number Item Summary Melting Date Approved By KINin Hendrick.. T'raf1$1portu::m Servlc:ltfi Agenda Item No, 16BB December 14, 2004 ParlO 2 af 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ,1.SA ReçommenrJ~f¡on 10 Bpprove n fJorultÎon Agrf'Jemenl and 1(1 flCr.:P.pt the conVf'lyBnCI'I Df fI Temporary ConstnlC'JiClO E"'~fJment rftquirl'ld forthe replacf!rT1ent or a drainagf!' pipe under Block!.l260 and 261, Goldtln Gale Unit 7 (ProJct.'t No 60016). E'Stirnøt~d Fiscal Impact $18,50 12114/2004900,00 AM Ri!ilnt Of Way Acquisltlol1 M;U1ng~r Tr"".portation En91ruterlng and C(Jn,t.r'Ic:tion DAte 11/3Qr¡004 5:48 PM A(;r.nontiun Supen¡jJ OI' [Jute Appro'Yed By Sh>llron Nf!wtnan Tr:an"portlon Service, Tran.portation Adrnlnistnrtlon 12/1120041:35 PM Approved By Marlagernem/Budget AnlllIY Jt D;IIte Li.u T,Iylor Tranøportjon $o!r\lices Trantlpnrtirtinn Admlni$lntion 17.f1f2004 ~;1t!i PM DatI!' A, Bat¡'pn, P.E. Dehl Approved By TriltlapørUQI1 SfI 'Vlçt!1I Prinic:lpal Projlllct Mfln.gnr Tr:a1\spartõ1tion En1}ifleering and Con,tulc;1!Otl 12J11~004 2:4" PM ELlg~Pfl Clllvl!'or1 C.ate Approved By T..ns.portatiuIIK Sen/le.s Pr!nc.¡~)lfll Pm. fltrt Mnn.RIT:r Trolltltlportutlon EngineerIng Dnd CQllutruÐtlnll M.môt!jlel"enl 12f1{Z004 4:20 PM Nol'I" f,. r"~dltr, AICP Tnll!$pcntahotl l;>hliH:iøl' Admlnilitr;rtor f)¡ue Approved By Tr!ln.port!OI1 Se-r'llfcel Tranl'port.aUon S !rvlCClIL Admin 121312004 6:5<4 AM OMS Coordinator Admh1istr.tlve A."ìst.nt Date Approved 8y Coul1ty MõulagClr'. Offi(:e (JUice Qf Mal1ugemel\l' & 8uJigif!I 12J3/200", 10:00 AM Approved By SU:,J.ml)sh.r County M.unagel'tI Office SClmiQr Mfl.nilgrrmnnt/riudgtft ÄI1;llyøt Oute Otl'tCiII 0' Mun;lyltlnellt & Budget 1216120041:49 PM Michael srnykow.kl M,mayumerlt 8< 8udQI!t Dinu.:tor Daw Approved By county Man¡agør'. Offh,cr C)f'í~ 01 Managtl'mr.nt & Budnøt 12n12004 8;36 AM Approved By Pat l.f'lhl'lhõlrd Traflltþortlltløn St.'rvlc;\tt$ f: ucuti'llll S4Icrttt¡uy Date rrllf1.portutlcrr! SUlvk.H Admit'! 12/712U04 2:08 PM County Manager Datlt A pproved By Jumeul V. Mudd Ro.ud of county COlTfm &ø~o"ti!,,, Cøunty J.hm¡¡¡Qer'. Ofric.6I 12f712004 3:41 PM Agenda Item No.1 88 December 14, 04 Page 3 f 6 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of ,2004, by and between DANIEL J. HARKNESS and LINDA L. HARKNESS, Husband and Wife, whose mailing address is 5000 27th Place SW, Naples, Florida 34116-7612 (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples. Florida 34112 (hereinafter referred to as .. County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Temporary Construction Easement over, under, upon and across all that certain land situate in Collier County, Florida, viz.: An additional five feet abutting the existing six-foot easement for drainage purposes and for Public Utilities on Lot 1, Block 261, GOLDEN GATE. Unit 7. according to plat thereof recorded in Plat Book 5, Page 144, of the Public Records of Collier County, Florida, which may also be described as the northwest five feet of the southeast eleven feet of the southeast extension of Lot 1, Block 261, GOLDEN GATE, Unit 7, according to plat thereof recorded in Plat Book 5, Page 144, of the Public Records of Collier County, Florida, where it abuts the common lot line with Lot 26, Block 260, GOLDEN GATE, Unit 7 . (said easement hereinafter referred to as the "Property"); and WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property . to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to County within sixty (60) days of the date hereof, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a property executed easement instrument) is hereinafter referred to as the "Closing." 2. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida 3. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County,Florida. 4. This Agreement and the termsal1d provisions hereof shalJbeeffective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits: 5. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the. written Agreement. including all exhibits attached hereto, shall 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. Agenda Item No.1 88 December 14, 2 04 Page 4 f 6 If. This Agreément is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ,Deputy Clerk BY: Donna Fiala, Chairman AS TO OWNER: WITNESSES: ..--.-...:Z w~~- Name: ~ o~/i.¡Lr tP,OSCI-t (, rint) //l itness (Signature) Name: ,Sher" r:/e ylÁ- J (Print) WITN~ES: . . //:-1 ,/ ,/~¿;' .;' ../' .." ,"-;:.,......-..~-:/,. ' ,Y ~.'. ..,... -.' ~.. ,.-'.'--"', ".... /C'lt'" ¿:~,/\ -,-:::;'t{£¡~~(tltt,-, Witness (Signature) .- -.,i- . ,.,.j ::,~ I.'"td,.... /v'Cclt,.k«(<!/J Linda L. Harkness Name: f.."c''-; 1'1.: " "'r /<. ,Hr.1PNrJ (Print») cI /1/WJ x? ~.~ ~~s (Signature) Name: /.auoc 1-- 6a..ut}.f (Print) " Approved as to form and legal sufficiency: si~L dA t /l Heidi F. Ãshton Assistant County Attorney 2 " Agenda Item No. 1 8 December 14, 2 04 Page 5 f6 TEMPORARY CONSTRUCTION EASEMENT This Easement granted this 30rh day of Nove dlb(./. 2004. by DANIEL J. HARKNESS and LINDA L. HARKNESS, Husband and Wife, whose mailing address Is 5000 27th Place SW. Naples, Florida 34116-7612 (hereinafter collectively referred to as "Grantor"), to COlliER COUNTY, a political subdivision of the State of Florida. its successors and assigns whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of all individuals. and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee. receipt of which Is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement over, under, upon and across all that certain land situate in Collier County, Florida, viz.: An additional five feet abutting the existing six-foot easement for drainage purposes and for Public Utilities on Lot 1, Block 261, GOLDEN GATE, Unit 7, according to plat thereof recorded in Plat Book 5, Page 144, of the Public Records of Collier County, Florida, which may also be described as the northwest five feet of the southeast eleven feet of the southeast extension of Lot 1, Block 261, GOLDEN GATE, Unit 7, according to plat thereof recorded in Plat Book 5, Page 144, of the Public Records of Collier County, Florida, where it abuts the common lot line with Lot 26, Block 260, GOLDEN GATE, Unit 7 for the purpose of constructing public facilities adjacent to this area. Except as provided below, this Temporary Construction Easement shall expire on April 30. 2005. If the construction of the public facilities is not complete by April 30, 2005. then the Grantee may extend the Temporary Construction Easement for six (6) months (until October 31, 2005) by recording a Notice of Time Extension in the Public Records of Collier County, Florida. If the Grantee shall extend the completion of the public facilities, Grantee shall first notify the Grantor in writing at the address listed above. Upon the completion of the public facilities, the Grantee shall restore the surface of the easement area to its original condition. ~. IN WITNESS WHEREOF, the Grantor has caused date and year first above written. . --- ~.-~ ~:.:---- ~ / Witnes . .~.. DANIEL J. HARKNESS Print Name: STATE OF COUNTY OF f L(4»A Coo!.. '..:ç;F.:<t.. Agenda Item No. 1 88 Decernber14,204 Page 6 f 6 The foregoing Temporary Construction Easement was acknowledged before me this ]'oNf day of lJ."v~4/T.t. . 2004, by DANIEL J. HARKNESS, who: is personally known to me OR V produced ft.ott.nA: b4v4f 'l:CAouSJI rdf(;2>-(iO')",-ljJ-o as roof of identity. (affix notarial seal) ~~;~o Rob~ M. Bosch '" ~. .. rn_;,.,;,,~__ ;;~,.~I~ ~~--". :JlunlUi,j!I)08 """;¡~~". ItIDndtd/Jhni 'n" .., 'Alløi;cl:fio1i:IiDø:Co...1Dc. Î" ',.,-- /' /' /_.( ~, . , '.. ,/'.'/'; ~"'_. ,;, I.. ~ r.../j ,_., ..- /. /..... .{" I' .." .. \".."... '. i:;'" '(, 'v';' Ùe itness: /( '~',f.:.':"'(~ i -r ).Ø;l"' I F /.)i'~'·7...a^f,J JJ[;:me¡d {f ¡(K ¡J~6f; ,~,Ù IM/í'tw::56 rint Name: STATE OF F"INdOL...- COUNTY OF ÛJ/llft'!- ,to ßr=Æ.í' A. ~ofC(.f (Print Name of Notary Public) Serial! Commission # (if any): Db] 2"t;; Jq My Commission Expires: 'J"U,o,(r: {', 'loa?, {t. ( ",>~ " . ',' ,i ,-~-I.' 1/), {: , c , 'I ,, . f).. ¡;~, / ~I t~· c/l:',?r...c..<~,.>O LINDA L. HARKNESS ìJÞ' ~L The foregoing Temporary Construction Easement was acknowtedged before me this ~ day of NOIft.mbllt. ,2004, by LINDA L. HARKNESS, who: ~ is personally known to me OR produced (affix notarial seal) ~a\. laine L . Do. ..'" . My ComrnoIIionD02e1'27' ""T.o,ot~J Exp¡resJanuary09, 2001 Approved as to form and legal sufficiency: ~cL ~' f\- Heidi F. Asnlon . Assistant County Attorney as proof of Identity. . tl£UM :I- ~ Sign re of Notary Public} La.ane . L. 6MfJ (Print Nama of Notary Public) Serial! Commission # (if any): l:b;)~/(fl()'1 My Commission Expires: I / 9/01 . . 2 AgeRda Item No. 1689 Decennber14,2004 Page 1 of 6 .- EXECUTIVE SUMMARY Recommendation to approve One (1) Adopt-a-Road Program Agreement at the Board of County Commissioners meeting at a total cost of $150.00 for two (2) new signs. 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 group so named be recognized as the sponsor of the particular segment of roadway named in the Agreement, to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMP ACT: The cost of a 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 $150.00. The funds will be taken ftom the Transportation Services Fund (111) and source offunds are Ad Valorem Taxes. RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer _ group Naples Bay Rotary Club as the sponsor of the listed roadway and the Chairman execute the Agreement on behalf of Collier County. Prepared by: Margaret A. Ramos, Administrative Secretary, Road Maintenance Department ,-' ,........."...."..--....---'- Agenda Item No, 1689 December 14, 2004 Page 2 of 6 COLLIER COUN'I'Y BOAf(D OF CQUNn' COMMISSIONERS Item Number Item Summary 1669 Me.tlng Cate Rcc( mmf! ndøUon lor the Board's approval of Ariopl~a-Rol:ld Agreetnt'!nt for the following Nl;lp¡l'C¡ Bay Rolf:lrv Clur¡ 12/1.4/2004 g~OQ;OO AM Approved By Skflran NltWman Ar.:c(I\lntinQ 5"p~rvi...or o.t< lratl&/þClrtiun Ser\th:efl lritrwportlrtla!"1 Admlnhs.1rlltlUII 1211120041:18 PM Approved By Juh.! Vliet Hoad$ M:a r¡tltllüt1CIt Sup.rintlll'ldant D... Trötnsportion Serllie.rrs A:Oftr,l MftiotlJlnilnc:'" 1212/200. 8:62 A.M Approved By Rookmin Nauth Aor:counling Tttc'mlclan Date Tral'l:!sp()l1jçm Sltlvicen: Tr."lSportalion Adrl"lin¡$l't'atICln Ui2l2004 .(:08 PM Approved By Jf:" KI.tzknw Aas¡fI'/tn1 County Attnt"~y D.tCl County AHerne)' county Attornev Officii! 11/31200" 12:23 PM Approved By Norm E. Fede-r. AIGP Transportation Divløfun Admlnl1l1rõ/f1or OB1. Tnl1'løportiol1 SlIrvicnf; Tra01lportutfon Stttvi(:flll Admin, 121.1/2()041:23 PM Approved By P..II"rrh"h.rd E),.(u:utlv!I Secttttary Dat~ 'Tl.n1liþortatjUII S..Nice.. 'fr.".pUI1ItiOI\ sflr\d¡:-ULI AU'tlln 12(3(20041:35 PM Approved By OMB Cot)ldlnator AdnÜnj¡"tr;ativ(! Àulstanl )J!lU! County ManIt9ctr's: OftÎr.:fI Qffic" of Mana(JlI>tn~t1' & BudOm: 1U3f20fJ4 ":51 PM Approved By MiI'Jh«1!t1 Smykowlthi MlimaOrtml!nt & Budgm: Director o.t< County Malluger'. Offfce "nice (11 M;I;'I~ønl.At & Budge 12161200... 6:"~ AM Approved By Jllmei: V, Mudd Board of County Commissioner. Coullty Manólycer DB1. (',(¡urrty r.4<I"ag..". Office 12m20(M J:63 PM Agenda Item No. 1689 December 14, 2004 Page 3 of 6 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions l ]JUS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this 9 ~y of-/?;::~ , 20~ by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Naples Bay Rotary Club (hereinafter the "GROUP"), whose address is P.O. Box 1852, Naples, Florida 34106 WITNESSEm: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-fÏ'ee roads, and enter this Agreement to permit 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 Livingston Road fÏ'om Radio Road to Golden Gate Parkway (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. Perfonn 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 Unifonn 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 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. 1689 December 14,2004 Page 4 of 6 and attend a 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 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 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 pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms 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. 2 I- i Agenda Item No. 1689 December 14, 2004 Page 50f6 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 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 any claim, loss, damage, cost, 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 ofinjury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 Agenda Item No. 1689 December 14, 2004 Page 6 of 6 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 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 written above. ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Donna Fiala, Chairman GROUP NAPLES BAY ROTARY CLUB BY:~h~.OJ\ Title (print): fJtÛ't>ItN T Phone # (day): '2. "Jq .'Z-'1 ~ ~~ð Phone # (night): 2JQ-2.I"S---oCJ "$0 form and legal sufficiency: 4 Agenda Item No. 16B 10 Decernber14,2004 - Page 1 of 4 ,."- EXECUTIVE SUMMARY Recommendation to award Bid # 05-3734 "Wiggins Pass Outfall Maintenance Dredging" to Stemic Enterprises, Inc. in the amount of $34,500 and aUocate $3,450 (10% of the construction cost) for contingency purposes to dredge the outfall at Wiggins Pais located off of Pan American Avenue, Project Number 51212, Bid No. 05-3734. OBJECTIVE: To receive Board approval to award a contract to proceed with the dredging work for the Wiggins Pass Outfall Maintenance project located at the stonnwater outfà.ll to remove sediment due to construction. The contract amount is for 534,500 as per plans to the lowest bidder, Stemic Enterprises, Inc. and allocates $3,450 (10% of the construction contract) for contingency purposes. CONSIDERATIONS: The bid was advertised on October 8,2004. The Purchasing Department sent out 82 notices and two (2) bids were received by the due date of November 4, 2004 from Stemic Enterprises, Inc. and Aquagenix, DB!. The lowest qualified, responsible bidder was Stemic Enterprises, Inc. in the amount. of $34,500. The 10% contingency furids in the amount of 53,450 (10% of the construction contract) will allow staff to proceed with unforeseen conditions, scope additions and modifications or any other unanticipated necessary tasks in a timely and efficient manner. ....-, FISCAL IMPACT: Funds are available within the Stonnwater Management CIP Fund (301). Awarding the contract to Stemic Enterprises, Inc. in the amount of $34,500 and a contingency fund of $3,450 is within the budget. Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMP ACT: The dredging work is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan for Collier County Stonnwater Management. RECOMMENDATION: That the Board of County Commissioners: (1) Award Bid # 05-3734 to Stemic Enterprises, Inc., for the Wiggins Pass Outfall Maintenance Dredging, in the amount of $34,500 and allocate $3,450 (10% of the construction contract) for contingency purposes. (2) Direct the Board Chainnan to execute a standard County Attorney approved Contract with Stemic Enterprises, Inc. PREPARED BY: Margaret Bishop, Project Manager, Transportation Services Division, Stormwater Management Department. -~ Item Number Item Summary Meeting Data Agendn Hem No, 16B10 December 14. 2004 P.ge2of~ COLLIER COUNTY BOARD OF COUN'TY COMMISSIONERS 16B10 R~c:ommen¡jßtion to Bward ß r.:on~tr\ldio" COl1lJOct in the amount of S34,500 1(1 Slemic: Enterpri$II':'ì, Inr., and aUcr-..ate $3,450 (10% ofthe t:onmn.Jctinn CO!t) for r.cntingl'lncy plJrpoSI!l~ 10 dledgfl the oullall at Wiggins Pass loc.ated 011' or :tan ÄlYIlJrÎcar1 ÄVi!}nue, Pröjecl Number 51212, Bid No. 05··3734 12/14/20049:00.00 AM Mðrg..r~1 A. ßj tJCHI Pro ~r.1 Mun.fJlH 1111ltJ2C10412:02:.1.1 PM Prep. red By Tr:an'lportion S..rvit;"" 0.111 Road Mah,tenancelStormwater Approved By Ricardo V.lera TUIOapnrtìan ServIce. Director Date Flnad MitintenancoiSlarmwat:rtt 11119r.l00412:1I PM Apprond By PurchJlÐing Agont Dllff! Brrtnd. BrUhart Adrnlnlt.'trHtlvø Servic.ü. Purcl1a"lr¡g 11/2:t/200.¡.1:$O PM Purchß" rlg!Ge=n~rul S\'CU Dll'ttclm 0.... Approved By Ste:\leC.mlell Admlnh.trntlv/I! S~rv¡OCI!J Purchuln9 11(201200410:44 AM Sharon N..w",an Accounting SlJpef'\lillor O"t¢ Approved By TUlnltþn'tlofl Srrrv¡c:ltl~ Tr.nspnrtJll1iOfl Adm!nl.l:tfltl(lo1'l 11/29/20114 J:OO PM Approved By Norm f.. ;:~rjftlt, AICP Trø.nlllport.ion $ervicetl Tral1l11!WftJit¡Ot! DiyillÎDn Adlnlnhsttiltor 0.(,('1 lran¡jportatiOr1 Setvicf ß Admin. 1;l/3/1UCI'" 6:20 AM Ex~c:utìve Secretary Date Approved By Pat Lehnh:nd Tr;ulltpor1l1tlon Survlç#t$ Truf11õPQrl:ø.tlan Smvi<':ett Adn1(1't 121,]/2004 6:40 AM OMf) Coordll'\.IIlaf Adminl$untlVlt Aul1Jlllnt O¡¡t¢ Approved By County Man_9ftI'll Ofth:;CJ Of 'jce 0' Mø,.,_gßlntwt & ButJgI¡t 12,'3120048:52 AM Approved By SUllal"l Uahttr Cmlnty M,u'''9Cff'. ortJOC 5~ni()t M<lnllgctrlf:lIllBud.,¡el An.uiy.1 D... Office of MII"lIfJamctnt &. ßurlget 121ß./200411'14AM Managemant a;. Bud{ Clt Dírl'tGtor Catc! Approved By Micn8f't1 SmY~Clw!lkj CO\ll1ty M¡ nager's aHlce 0111<:. 01 Mluu~g.ment & Budgrtt HIe/200. 1:20 PM County Mallu4iJer Dutö Apprond ,By Jømf!iI V. Mudd Board of CIJunty Commiaa!cnen c;~\Jnty Manager'. OffIC.II 121t1/2QU4 7:06 ~~M COLLJER COUNTY BO...-\RD OF COUNTY CO~ThIL,)SIONER.<; PROJECT No. 512122 "lGGINS P.4.SS OlJTF..\.LL l\'L4.INTEN..o\N("EDREDGING PROJECT LOC..4..TION ~L.\P _ December 14, 2004 Page 3 of 4 Y: COLLIER COu:N'TY B 0ARD OF COUNTY COMMISSIONERS TRANSPORTATION SERVICES DIVISION STORMW.ATER MANAGEMENT DEPARTMENT HORSESHOE SQUARE, SUITE No. 214, 2685 SOUTH HORSES HOE DRIVE NAPIZS, FLORID.A.34104 (239) 7'.32-2501 PRQJECT MANAGER: MARGARET BISHOP DA. TE: L '.'; i ~"''', fJ ,Æ\ ~ì ",..;,. " I) I o.s .u N .. <1)"0 .. g! i'~ "'0::: ø m i I í ; j ~i , I I I ztš I I I I I I I as I I 0- j ! I I ¡ I î I I 1 I I ! I I I I I J I I I ! i I I I , I I I a.æ ,gO g! ,81 ¡ ! I .!!~ .W :ß- I~i , Q;1N ~ I ........ I -, I i (I!'" Eel) ~8 S 'C:i '~I I )-1 ~ j I , "'E: ! 'I \UN S I~I i :ï:1CÕ C::i I W! I ï.: . í i8 ãi I~I ! ¡ I I c:: .. °_1 i ;8, ! ~]j , ' I lS ..- t i)-j I c:: hi! I I 11 II) IU I IU 0 ril '...' j i ......0.. 6-1 I í ! e IU I Q..œ I I c <, ì I ;~z : ~ i I I I j=» J 0: I ¡:II , I i IC¡ i I I : I!; t:» , I c: '0') i 'a , 1"0 j ¥ !G.¡ ':I 1:::" :o¡ I ° 1....1 'Æ' 8 I '....1 ì : c: lš: '""",i t'O Z' c: I >: 13 Ir-¡ - \.I, C 1"0 I I i IU! ëii IUI :ï:1;! I ¡ .r= . (J ~~.5; -0 '" '!!:ëJ iN Iz¡ I '::: -3:' ::s~ :< -c:::; . o· c: ¡a;) I c: ~, >< II) > , co :__1 ~IIJO :0: . .'0 coc cuZ ,-' , .'0 ,Clm ..... ' :.11:: ~1::::S' 1'-0... ¡eLJ cu C")IIJIU 'æ: ~ ;a;)lìñ .l:2c::S 1..! en i 'aO .O! a;) ""'41 0)4) 10') I I... C'C II) 1U1_ :s2~ãi IWI 0 ' 0)'-- a;) a Q: Ü I<~ , I I i I : , r I I I I ¡ ! I I , ¡ , I : I ¡Ii I , I , : ¡ ! I II ! , I ,¡ I ¡i I' , I I : I ! I I ! I , I Ii: , ! ¡ I I I ¡. , , ¡' , I , , I Agenda Item No, 16610 December 14, 2004 Page 4 of 4 - .... .... o ,.... 41 C1 co 0. Agenda Item No. 16811 December 14, 2004 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to award Bid #05-3687 "Vanderbilt Beach Beautification MSTU Roadway Grounds Maintenance" contract to Commercial Land Maintenance in the amount of$34,697.00. OBJECTIVE: Award Bid #05-3687 "Vanderbilt Beach Beautification MSTU Roadway Grounds Maintenance" for FY 2004-2005 to Commercial Land Maintenance. CONSIDERATIONS: 1. On October 26, 2004 the Purchasing Department sent notices to ninety-three vendors for grounds maintenance of the Vanderbilt Beach Beautification MSTU roadways. 2. On November lO, 2004, a mandatory pre-bid meeting was held. 3. On November 23,2004, four (4) bids were opened. Staff reviewed the bids. 4. On December 2, 2004, staff presented the bids to the Vanderbilt Beach Beautification Advisory Committee. Staff advised the Advisory Committee members that the lowest qualified bidder for Bid #05-3687 was Commercial Land Maintenance. The advisory committee voted to award the contract to Commercial Land Maintenance, considered the lowest qualified bidder. FISCAL IMPACT: Funds are budgeted in FY 2004-2005 in the Vanderbilt Beach Beautification Fund in the base amount of $34,697.00 for annual servicing the roadway medians within the MSTU. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #05-3687 to Commercial Land Maintenance for the Vanderbilt Beach Beautification MSTU Roadway Grounds Maintenance and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. PREPARED BY: Bob Petersen, Project Manager, Department of Alternative Transportation Modes ,,oM'''', Item Number Item Summary Meeting Date Agenda ilem No. 16811 Dec.,rober 14, 2004 Pag!:!?. of 16 COLLIER COUNTY GOARD OF COUN'TY COMMISSIONERS 115B11 ReC'ommendatJon fa awnrrt Bid #05<3687 "Vnnderbilt Bench Beau~jrlcatiol1 MSTU RQéirtwO'jI' GrolJnds M3intemmce" c:onHßr:t 10 Commf!rcial Lat1d M:1lntt'lnance in the amount of $34.697.00 12,'14/20049:00'00 AM Prepared By Projt!ct Man;1ger 11iZ9/;¿004 2:5t1;311~M Bob Petersen TnHISporiiQ!'1 Serv!cl!'!i {)a,le lw1fic; Opl!Ultiol1nl ATM Pur\?hasjng Ag¢llt O¡ltI: Approved By Brenda ßnthart ,lI¡dmÎni$tr::¡tlvc: Sf'fI.'ÎCt':ß, Puri,;haslt19 11/29120{J44~!)''' PM Project Mana{, er Date' Approved By Bob P(!tt"r'5l:m TrtH'IßportiC'H1 5l!'rvic~JJ Traffic:: ÜpftraUonló1 ¡~TM 1'tI1.9/200<44:16 PM P\It<;hafiÎng/Ge-1lcra! SVC/S Director Dat(! Approved By S101,/"Cs:nw!t Adrnlnh¡trutîve S~rvice: ; Pun:hoillllg 11130/200410:26 AM D"me (-3, rfag9 Date Approved By Tunsportion 5eflfic(!'i Trartie Operation!> arid Alt Trans. Modes f.)irm:tor Tr3ffic; QpC!raflonsf ATM 11,i3Ú:20041l:2.1 PM Approved By Sh.ilron Newman Tunsrmrti<¡r¡ Sl~,vk:e:> Af:.courlting Supet'll'jscr Date Traru;port.11iOn Admil'!$Üatlon 12t1!ZOn4 1:17. PM NDrm E. r(!rl~" AICP Trar\i>fHHta'tion L)ivlsion Adm!rÙ1itr¡¡tor D.1le Approved By rrar\1Þportlon 5er.."¡c~~ 1 ranliportiltlcm Stw.'i(.'es Admin. 12i:¡J:::004 ß:.40 AM Executive. S~cr~Ùlry Oate. Approved By Pod Le.ht!hard Tran$~Orlntìon 5(¡rv;c:!~ Tr.'In:>pørn!tion Sm"¡Ì(.I!'!i Admin 1:/ 13/2004 B :58 ¡., M Admininrnti.."" A!'.!>i¡;.tant Dilt,~ Approved By OMB CoordÎMlor County Munagel'~ Offic~ OffICe uf Munaogp.fJ'mnt &. Budytlt 12!312004 10:32. AM M,chael Slnykuw\;ki DaH~ Approved By County Manager's Oftke MllnagcH\tmt &. ButlUet [)ir~etDr Of1h::~ t;.f Manag(mltll~t &. 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Q),eE2 g?_ æ~~å~õl!I~ §c'E-... =§ Eii!:I-:'E Ëê~~~1!'fij~~q~ a¡~'S ,i1 ~~ c-Q~ ~ EO""~rš...!::",,,,o,,, g ~~ !"'wc ~ ~ ~ ~ š ~ 0<1::;,' >::::¡8Cl.~ë:¡:: o - ... g ~ >- >- >- >- \ ,~ ~ \~~~ !~ CJ::I 'CCCIII ã5~:;¡: é Íii !!I Cl.,,-CI) ~CD. ñi.u~ "'E~!!! ftI~:- ;:¡<~ Agenda Item No. 16B11 December 14,2004 Page 13 of 16 "tlICd.,Oilt B.tleA M.S.7 Jc. Ad"iBory DOllelleitt.. 2705 Horseshoe Drive South Naples, FL 34104 December 2, 2004 Minutes I. The meeting was called to order by Chairman Dick Lydon at 2:03 PM. II. ATTENDANCE: Members: Dick Lydon, Charles Arthur, Carol Wright, Lew Schmidt, Bud Martin Collier County: Liz DeLeon-MSTU Coordinator Others: Sue Chapin-Manpower Services III. APPROVAL OF MINUTES: November 4, 2004 Charles Arthur moved to approve the minutes of November 4, 2004. Second by Carol Wright. Carried unanimously 5-0. IV. APPROVAL OF AGENDA Add: Under "Land Maintenance Report - VI. (A) Landscaping Con1ract Lew Schmidt moved to approve the Agenda as amended. Second by Charles Arthur. Carried unanimously 5-0. V. TRANSPORT A nON SERVICES REPORT: A. Budget Report - Liz Deleon (Attached) Liz covered the Budget with the various line items with a total of$1.21M. Lew Schmidt moved to approve the Budget as submitted. Second by Carol Wright. Carried unanimously 5-0. VI. LANDSCAPE MAINTENANCE REPORT: CLM · No report from Robert. A. Landscape Contract (Attached) · Lew handed out a comparison report on various bidders. (Attached) · The Committee discussed the various bids and made comparisons. · The Sub-Committee had met with Robert Kindelan from Commercial Land Maintenance and Liz DeLeon while doing a walk-through of the area. · The Sub-Committee is happy with CLM and came to the conclusion there hasn't been the communication that is needed in order for the Committee to have particular projects done. The Committee needs to authorize work to be done such as plantings etc. to Bob Peterson. He will then inform the Landscape Maintenance person to either get cost estimates, and/or do the needed work. · The Sub-Committee will receive a copy of the monthly report. Lew Schmidt moved to recommend approval of Commercial Land Maintenance as the successful lowest qualified bidder. Second by Bud Martin. Carried unanimously 5-0. Agenda Item No. 16811 December 14, 2004 Page 14 of 16 VII. OLD BUSINESS: A. Sidewalk West Side of Gulf Shore Drive - South End - Carol Wright Not an MSTU project so will discuss any concerns with Val Prince/Collier County. B. Drainage - Regatta Corner - Lew Schmidt Still problems when the Regatta and Commercial Land Maintenance's irrigation is on at the same time. Lew has not yet met with the Regatta. C. Trash Containers - Lew presented the containers to the Homeowners Association. It was unanimous they did not want the large concrete containers. Liz gave Lew another catalog to check for more "esthetically pleasing" containers. D. Benches - Bob Petersen Liz reported they are approx. $800-1,000. Price is for benches only and quotes can be gotten. A lengthy discussion was held on various benches with no maintenance. Will continue checking on a maintenance free bench. E. Dumpster - Code Enforcement Carol contacted Code Enforcement and was told they can't do anything about the dumpsters. Dick stated this is part of beautification and needs to be addressed He suggested Carol (}-mail Michelle Arnold and if no action taken - to then contact County Manager Jim Mudd F. Signs/State Park - permits Lew contacted Joe Delate from Parks & Recreation. He submitted the following information: · There are 7 accesses from Gulf Shore to the Waterway. One will be a new access from Vanderbilt Towers completed in March. · The access from end of Vanderbilt Beach Road will be r(}-done in the coming year. · Will be a new brick paver walkway to the beach at the Mansions in 2005. Signs at Bluebill and Vanderbilt Drive - were installed by the County. Suggested Lew contact Bob Tipton in Traffic Operations and ask why the signs were put in and the MSTU was not contacted. Lew stated it is in the MSTU right-of-way and would like to be informed. · Sign was installed to resolve a parking problem - but some felt the sign was unattractive and wondered if it will shift the congested traffic problem from one intersection to another. The sign is very confusing. A lengthy discussion pursued on the attractiveness and functionality ofthe sign. Lew will ask Bob Tipton to attend their next meeting. IX. SUB-COMMITfEE UPDATE'S A. Utilities - Charles Arthur Charles contacted Bleu Wallace and was told County Manager Jim Mudd and Commissioner Halas would like to see all the utilities buried from the coast and outward. There would be a franchise fee charged but there is not enough support from the Commissioners at this time. Other information is as follows: . City of Naples voted to bury their lines and paying for it with a franchise fee for the use of the right-of-way. . The Committee questioned how the franchise fee works. 2 Agenda Item No. 16811 December 14, 2004 Page 15 of 16 · The Committee felt they might have some leverage to get funds back from the County if they were to proceed and then the County decided to bury the lines. · Discussion followed on various ways to get the County involved. They are not in favor of paying for burying the lines if others do not. · Dick handed out an article concerning utility lines from the Palm Beach Daily News (Attached) · After much discussion the Committee's reasons for the lines are: esthetics, safety, improved service, hurricanes and power lines need to be installed before sidewalks. B. Sidewalks - Carol Wright No report. C. Maintenance - Lew Schmidt Many areas need to be re-planted and would like cost estimates. Dick Lydon moved to authorize CLM replace the Lirope and dead plants with something more "esthetically attractive" budgeting up to 55,000 to be coordinated with Bob Petersen and the Sub-Committee. Second by Charles Arthur. Carried unanimously 5-0. Lew noted in several areas the PH factor is too high so will need plants conducive to certain areas. Lew contacted. Joe Bianca of Bak:er Carroll Point. A ground cover is needed in the area on a berm near the gates. (This is part of the MSTU and not private property) Will need a drought tolerant cover and work out a temporary irrigation system to establish the plants. The watering situation was discussed. The Committee will ask Bob Petersen to get some costs and ideas and will then contact Baker Carroll Point. D. Tax Analysis - Review Bud Martin's report from August Meeting · Bud explained the information he submitted is from a Property Data Base. · He described how he did his analysis. Commercial is included. · Representation of the area was discussed. · There is a concern with residents not getting their full benefits from the MSTU according to dollars collected. · Many do not know how to decipher their tax bills. There is a false impression of how much is allocated to the MSTU. · When deciding which area to bury lines first, it was noted common sense would be Gulf Shore Drive. · Carol would like to see some small projects done on Gulf Shore Drive now. She understands they voted for burying the lines, but before that is done, she would like to see some other projects done. Dick asked the Committee for ideas to be brought to the next meeting for projects along Gulf Shore Drive and Bluebill. E. Liaison - Dick Lydon No report. 3 VIII. XI. XII. Agenda Item No. 16811 December 14, 2004 Page 16 of 16 NEW BUSINESS: Carol asked about the mix-up on the appointments to the MSTU Committee. was a mistake in the Commissioners office. Letters were distributed to the Committee. (Attached) There PUBLIC COMMENTS - None Being no further business to come before the Committee, the meeting adjourned at 3:56 PM. The next meeting is scheduled for January 6, 2:00 PM, 2004 AT ST. JOHNS PARISH LIFE CENTER 625 111TH Ave. Naples, FL 4 Agenda Item No, 16812 December 14,2004 Page 1 of 16 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (1) approve a Resolution approving and authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida State Department of Transportation, in which Collier County would be reimbursed up to $24,500 of the total estimated cost of $28,000 for construction of a sidewalk segment on 53rd St. SW from 28th Place SW to 30th Ave. SW in Golden Gate; (2) approve future fiscal year annual costs of sidewalk maintenance and all necessary budget amendments. OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution approving the attached FDOT Local Agency Program (LAP) Agreement in the amount of $24,500 for the construction of a sidewalk segment on 53rd St. S.W. from 28th Place SW to 30th Ave. SW in Golden Gate and to approve Collier County's contribution ofIn-House Design and annual maintenance costs. CONSIDERATIONS: The Florida State Department of Transportation (FDOT) is willing to enter into a Local Agency Program Agreement with Collier County, wherein FDOT will reimburse Collier County up to the sum of $24,500 for the installation of a sidewalk segment in Golden Gate on 53rd St. SW from 28th Place SW to 30th Ave. SW. Collier County's contribution towards this project would be In-House Design. ",- FISCAL IMPACT: Funding in the amount of $24,500 for the sidewalk segment will be reimbursed from FDOT. Collier County's contribution would be In-House Design. Road Maintenance Department estimates the annual cost to be $2,775.00 for maintenance. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners (1) approve a Resolution approving and authorizing the Chairman of the Board of County Commissioners to execute the attached Local Agency Program Agreement with the Florida State Department of Transportation, in which Collier County would be reimbursed up to $24,500 for the construction of a sidewalk on 53rd St. SW from 28th Place SW to 30th Ave. SW in Golden Gate; (2) approve future fiscal year annual costs of sidewalk maintenance and an necessary budget amendments. Prepared by: Val Prince, Project Manager .~......... Agenci¡:¡ Hem No. 16812 [)ecernber 1,t. 2004 Page 2 (Jf 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1$8'12 Re,comrnen(!3fiol1 that the Board of C~lunly Comm¡$sioners (1) ::!f'\prove fI Resollllion approving I'!l)d authorizing the Chftirman of the B03rd of CmJnty CrJfTlfT1Î5sionf.!rs to exeçute.¡¡ L0C81 Agen¡;;y Prögratl'1 .Agreement wIth the Fiend;.! State Department 01 Transpoltatiun, in whi(',h Collier County would be reimhl1rsp.d up to $24,500 of IhlS! total er,1imatp.d ~or,t of $28.000 for çonstn.¡çt\on of 8 SÎd~walk segment on 5~1rd Sf.. SI/'J from 28th Place SWtD 30tt", lwe. SW in Golden Gate: (2, authQrize the atlvanœ ùf 524,500 lrom thi'J Gas Ta;.: Fund: and (3) :fIpprcve future fl$Çf 1 year annual ço5t.s of sidewalk maintenanc.e and ;:III ner;e~.sflr'.' bUdget f:imenrjment~ Meeting Date 12/U/2004 9:00:00 AM Prepared By D¡¡~r.: T enÎe EilUery Operation¡¡ CocrdinatO-f 11/30/20U4 1::.!3:29 PM TrÆlnsportio" SCrVic'!I5 Tr.<1tfk 0pl1lr¡JtionÚ ATM Approved By Va! Prin(;1!I Proj.1c.t Ma.nager Da!(1 TrillIVportlOI'l S.en/ic~~ 1 nlttic Opel:ationsiAT'M 11130n::'04 4:62 PM Approved By Sharon N~wrnan Ac:countmg 5UPIUVt60r OHte Tr1lllsþortk," Servkf!''S Tr.lI,s.pr.1I1I\tion Administration 12121;'>0044:10 PM Approved By John Vljr.t Road!> Mainten¡o.nci1 S!JþC'ril1t~"ri1ònt (Jate T,..nllportion 5~rvic{!5 H.Oild Mainlf1n.1nf;e 12iV2004 4.37 PM Approved By Ni')nn E, fM(n, A!CP Tran;¡porbtic)tl Di""if;iQn Adm!nir.tr.1t"r Dak TratJspor1iOI' Se-rvic¡;;¡s TrunsportBtion Services Admin. 12W20D4 6:52 AM Approved By Dwr!e B. Flagg 1't3ffic. Opcn~tiDn!l and Alt Trans Mode , f)ireclfH nate Tr,,,,sror1ie>rI Services Traffic OpfHal\f.\nai ATM 1213!2()Q4 '1 :<10 PM Approved By Pat LchnhMd Executive Se(;r~1"ry Date- Tr"l1f~p{ rta.t.l{ tI $NII!t;~.t Tr.an/;rmrtad1on SIH\(!I;~~~ A!Jtnif\ 12f317.004 129 PM Approved By OMB CGOrdinatnr Admif'lj!¡tr¡ t¡lI~ Aõ'J~,stant Dale- County Manager's Office Oftic~ of Managi!mcl~t & Budget 12/3/2004 4:32 PM Approved By SU!IoiJII U$h>tr S~I\¡or M;¡B~agtHl\f!ntl{-hWg~t An;Jly~t Date: CO~lnty M;¡niigN'!I omc;.~ Office- of Môlr1<l~~m~n¡ It. BI,!dgp.:i 1~m200411:33AM Approved By Mkh;u;1 Sl'tlykl)wsl<i M;¡n~g~m~ll¡ & F.hJdge! D~rr.J:.I()' Dilt", CoUrtlY Mun..ger's¡ Offil::f! ()1t!c:.e ()f ManJ:gement 8. 11lJdgl!t 1UU2004 12:52 PM Approved Dy James V. Mudd Cmllltv Manager Dale B~rd of County C()",In¡1J$il)n~rs County M;1nag~r'5 Office 12nI2V04 6:51 PM Agenda Item No: 16812 December 14, 2004 Page 3 of 16 RESOLUTION NO. 200.:¡. ~ A RESOLUTION BY THE BOARD OF COUNfY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LOCAL AGENCY PROCRAM (LAP) AGREEl\1ENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF CERTAIN SIDEWALK/PATHWAY SEG:MEl'-TS IN GOLDEN GATE, AND AUTHORIZING ITS EXECUTION. WHEREAS, the State of Florida Department of Trar sportation (p.D.a.T.) is willing to enter into a LocaJ Agency Program Agreement ("Agreement") with Collier County, wherein F.D.a.T. will reimburse ColLer County up to the sum of $24,500.00 out of the estimated $28.000.00 total project cost, for the construction of sidewalk/pathway segments in Golden Gate on 53rd St. S.W. from 28th Place S.W. to 30th Ave. S.W.; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to install sidewalk/pathway segments in Golden Gate on 53rd St. S.W. from 28th Place S.W. to 30th Ave. S.W.; and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; The Board of County Commissioners approves, and authorizes it Chairman to sign, the attached Agreement. A certi:'ied copy of this Resolution will be forwarded by the Collier County Oerk to p.D.a.T. along with the exec uted Agreement. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of , 2004. ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COM:MISSIONERS OF COLLIER COUNfY, FLORIDA , Deputy Clerk By: DONNA FIALA, Chaírman form and 19;~ency: " Agenda Item No, 16812 December 14,2004 Page 4 of 16 State of Florida Department of Trans¡:ortation LOCAL AGENCY PROGRAM t,GREEMENT 525-010·40 CONSTRUCTION OGC·11/03 Page 1 o! 12 FPN No415544-1 Fund: XU FLAIR Approp: Federal No:8887 017 A Org. Code: 55014010106 __ FLAIR Obj.: FPN No. Fund: FLAIR Approp: Federal No: Org. Code: FLAIR Obj.: County No. 03 Contract No: Vendor No.: F 596000558102 Catalog of Federal DomeE.tic Assistance (CFDA): 20.205 Highway Plann ng and Construction THIS AGREEMENT, madH and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPO~TATION, an a~encv of the State of Florida, hereinafter called the De~artment, and Collier County; Finance Dept.; 2£i71 Airport Road; Naples, Florida 34112 hereinafter called the Agency, WI T.N E SSE T H: WHEREAS, the Agency t" as the authority to enter into said Agreement a nd to undertak.e the project hereinafter described, and the Department has heen granted the authority to function adequatE Iy in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportaUon system and is authorized under Section 334.044, Flolida Statutes to enter into this Agreement; NOW, THEREFORE, in consideration .ofthe mutual covenants, promises and representations herejn, the parties agree as follows: 1.00 Purpose of Agreenent: The purpose of this Agreement is to provide for the Department's participation in Bike Path and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the project, and to provide departmental financial assistance to tile Agency and state the terms and condi1ions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and cc mpleted. 1.01 Modifications and .Additions: Exhibit(s) A,S are attached here10 and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General RequiremE nts: The Agency shall commence, and compl9te the project as described in EXHIBIT "An with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The pro:ect will be performed in accordance with all apDlicable Department procedures, guidelines, mal1uals, standards, and directives as described in the Department's Lo:a1 Agency Program Manual, which by this referel1ce is made a part hereof as if fully set forth herein. A full time employee of the Agency, qualified to ensure that the work be ng pursued is complete, accurate, and consistent with the tenTIs, condition~;, and specifications of1his Agreement shall be in charge of each project. 2.02 Expiration of AgreEment: The Agency agrees to complete the proiect on or before 06/3012005 . If the Agency does not c,)mplete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided j:l this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Departrnont prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement win not be re;mbursed by the Department. 2.03 Pursuant to Fedenal, State, and Loca! Law: In the event tha1 an'( election, referendum, approval, permit, notice, or other proceeding or auttDrization is requisite under applicable law to en able the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out an;1 of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary 'Nith respect to any such matters so requisite. 2.04 Funds of the Agercy: The Agency shall initiate and prosecute tc completion all proceedings necessary, including Federal-aid requirement., to enable the Agency to provide the necessary funds for completion of the project. Agenda Item No. 16812 December 14, 2004 Page S5õ'f01<tJ4° CONSTRvcnON OGC ·11103 Page 2 of 12 2.05 Submission of Proc eedings, Contracts, and Other Doc uments: The Agency shall submit 10 the Department such data, reports, records, contracts, and other documents relating to tt,e project as the Department and the Federal Highway Administration rray require. 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $ 28,000.00 . This amount is based upon the schedule of funding i 1 Exhibit "B" attached hereto and by this refefence made a part hereof. The Agency agrees to bear all expenses in eXC9SS of the total cost of the project and any d'~ficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate including contingencies, in the project cost to the extent provided in Exhibit "B", This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Departm ~nt Funds: Project costs eligible for Departm~nt participation will be allowed only from the date of this Agreement. It is understood that Department participation in elig ble project costs is subject to: a) Legislative a~lproval of the Department's appropriation requE~st in the work program year that the project is scheduled b) Availability of 'unds as stated in paragraphs 3.04 and 3.05 of ·his Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the t!me appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's fL nding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Proiect costs utilizing these fiscal year funds are not e1igible for reimbursement if incurred prior to funds approval being received. The Department wìll notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in eXGe~s of $25,000 and has a tenn for a period of more than one year, the provi~¡jons of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract Which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure durng such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of t~:e Department tl1at funds are available prior to entering into any such contract or other binding commitment of ·'unds. Nothing herein contained shall prevent :he making of contracts for periods exceeding 1 year, but any ce,ntract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,OCJQ and which have a term for a period of more than 1 year." 3.06 Notice to Proceec: No cost may be incurred under this contract [Inti! the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federa i Participation: Federal-aid funds shall not participate in any cost which is not incu rred in conformity with applicatle federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Admir1istrator of the Federal Highway Admir istration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a». If FHWA or the DepartlTent determines that any amount claimed is not eligible, federal participation may be approved in the amount determin,~d to be adequately supported, the Department shall notify the Agency in writing citing the reasons why items and amc;unts are not eligible for Federal participation. Where C<Jrrectabl~ non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld until compliance is obtained. Where non-compliance is not correGtablH, FHWA or the Department may deny participation in parcel or project cost:; in part or in total. Agenda Item No. 16B12 December 14, 2004 Paae f?i1fO¥fj10 ~ONSTRucnON ooc .11103 Page 3 of 12 For any amounts determin,~d to be ineligible for federal reimbursement fa' which the Department has advanced payment, the Agency shall promptly 'eimburse the Department for a1l such amount!; within 90 days of wlitten notice. 4.00 Project Estimate ant] Disbursement Schedu\e: Prior to the execl:tion of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said sc~edule of funding, carry out the projE'ct and shall incur Dbligations against and male: disbursements of project funds only In conformity with the latest c pproved schedule of funding for the project. The schedule Df funding may be revised by mutual written agreement ::¡etween the Department and the Agency. If revised, a copy ofthe revision shDuld be forwarded to the Department's Comptroller and to the Department's Federal-Aid prcgram Office. No increase or decrease shall be effective unless it complie:¡ with fund participation requirements establisred in Exhibit "8" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Vlaintenance of Accounting Records: Reca 'ds Df costs incurred under terms of this Agreement shall be maint3ined and made available upon request to the :Jepartment at all times during the period of this Agreement and for five(S) years after final payment is made. Copies of these documents and records shan be furnished to the Department upon mquest. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the A.gency anda1l subcontractors performing work on tile project and an othe r records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If alY litigation, claim, or audit is started before tho expiration of the five(S) year period, the records shall be retained until alii tigation, claimS, or audit findings involving the records have been resolved. 5,02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the laMst approved schedule of fund jog or at1ributabt3 to actions which have not received the required approval of tl1e Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the prajec:, including any approved services contributed by the Agency or others, Shf II be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper deta il the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have ~Iud¡ts done annually using the following criteria: Federal awards are to b<~ identified uSing the Catalog of Federal DDrrestíc Assistance (CFDA) title and number, award number and year, and m.me of the awarding federal agency. State a<vards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipiEint expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends le~s than $300,000 [n federal awards during its fl~;cal year, an audit conducted fn accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an au::lit conducted in accordance with OMS Circu\ilr A-133, the CDst of the audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall be submittec tD the awarding FDOT Dffice, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. ..-,.~--_...." ----~- Agenda Item No. 16B12 December 14, 52OO1t40 Pa~~'Wq1WN OGC·11/03 Page 4 of 12 The recipient shall follow lip and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including cmective action and current status of the audit finding is required. Current year audit findings requìre corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall te retained until the action is completed or the dispute is resolved. Acce;s to project records and audit work papers shilll be given to the FOOT, the Comptroller, and the Office of the Auditor Genera!. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducte(j in accordance with OMS Circular A-133 shaH be sent to: Federat Audit Clearinghollse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 Inspection: The Aøency shall permit, and shall require its contractxs to permit, the Department's authorized representatives and authorized agents of the Federal Highway Adminlst'atíon to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertainin;¡ to the financing and development of the project. The Department reserve:; the right to unilaterally cancel this Ayreemert for refusal by tt1e Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 11 n, Florida Statutes, and made or received in c01junction with this Agreement. (Section 287.05B(1)(c), F orida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of its "eal property acquisition and relocation assistance activities on the project Activities shall be reported on a federal fiscal year basis, from October 1 through September 30, The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no ]aterthan October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for feos or other compensation for services or expenses incurred shall be submittad in det8U sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida Statutes) All recipients of funds frem this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authori:;:ed by the terms of this agreement, in accordance with Section 112.Q61 Florida Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Sèction 287.058(1)(b), Florida Statutes) If, after project Gompleticn, any claim is made by the Department result'ng from an audit or for work or services performed pursuant to this Agreem,~n1, the Department may offset such amount fom payments due for work or services done under any agreement which it tlas with the Agency owing such amount if, upcn demand, payment ofthe amount is not made within sixty (60) days to he Department Offsetting any amount pursu£:nt to this section shall not be considered a breach of contract by the Department. -- - Agenda Item No. 16B12 December 14,2004 Paae 8!ßr-O 1~40 'tONSTRUCT10N eGG . ~ 1103 Pag" 5 0112 7.00 The Department's Obligations: Subject to other provisions hereo', the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the D/~partment to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of'this Agreement, the Department may elect, by notice;n writing, not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, Of any supplement thereto or am:mdment thereof, or in or with respect to any d')cument or data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any actiol pertaining to the project, which under this Agreement, requires the Hpproval of the Department or has made relate j expenditure or incurred related obligations without having been advised by the Department that same are approvec; 7.04 Conflict of Interest!':·: There has been any violation of the conflict 0 f Interest provisions contained herein in 12.06; or 7.05 Default: The Agenc)' has been determined by the Department to bo in default under any of the provisions of the Agreement 7.06 Federal Participatiun: The Department may suspend or terminatB payment for that portion of the project which the FHWA, orthe Departmer.t acting in lieu of the FHWA, may designate a5 ineligible for federal-aid. 7.C7 Disallowed Costs: In determining the amount ofthe payment, thE' Department will exclude all project costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding forthe project, and costs attributable to goods or s !rvices received under a contract or other arra 1gements wh ich have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the p-oject to the Department within one hundred twenty (120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or SWipension Generally: The Department may. b~1 written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the eveot or con jition resulting In such suspension has ceased or been corrected, or the D.~partment may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is nO satisfactory, the Departmerit shall have the option of (a) immediately terminating this Agreement or (b) suspending this Aqreement and notifying the Agency of the deficiency wi1h a requirement that 1he deficiency be corrected within a specified lime, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the timo period for completion of this Agreement. If the Department requims termination of this Agreement for reasons D.her than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage ofwor.: at which this Agreement is terminated. If this Agreement ìs terminated before performance is completed, the Agency shaU be paid for the work: satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Tennination or Suspension. Upon receipt of any final termination or suspension notice under this paragmph, the Agency shall proceed promptly to carr, out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keeJ to the minimum the costs upon the bas.is of which the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includab¡e as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and costs approved by the Department (If upon the basis oftenns and conditions ~. Agenda Item No. 16B12 December 14,5200Qt4° Pag&~8P9WN OGC ·11/03 Page 6 of 12 imposed by the Departme 1t upon the failure of the Agency to furnìsh the schedule, plan, and estimate within a reasonable time. The closing out of 1ederal financial participation in the project sh¡¡1I not constitute a waiver of any claim which the Department may otherwis'~ have arising out ofthis Agreement. 9.00 Contracts of the Agnncy: 9.01 Third Party Agreements: Except as othe!Wìse authorized in writin'1 by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring th~ disbur5ement of Department funds, including consultant or construction contracts or amendments thereto, with any third party wii1 respect to the project without the written approval of the Departme 11. Failure to obtain such approval sMII be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qllaHfications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with C,;msultants' Competitive Negotiation Act: Its understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where ~;aid project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Age ncy complying in full with provisions of Section 287.055, Florida Statutes. Consultants Competitive Negotiation Act At· he discretion of the Department, the Agency will involve the Department ir the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in comp tance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Blsiness Enterprise (DBE) Policy and ObligatiJn: 10.01 DBE Policy: It is the policy of the Department that disadvantage!! business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements 01 applicable federal and state regulations apply to this Aareement. 10.02 CBE Obligation: The Agency and its contractors agree to ensun~ that Disadvantaged Business Enterprises as defined in applicable fed!Jral and state regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this mgard, all recipients and contractors shall take 111 necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perfo'm contracts. The Agency shall not discriminatl~ on the basis of race, color, national origin or sex in the award and perforrrance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Fejeral Transit Administration or FHWA Funding is a part of this project, the AJency must comply with applicable federal anel state regulations. . 11.00 Certification Reg;uding Debannent, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federal-aid contracts - 49 CFR 29) By signing and submittin~1 this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transactior. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction, However, failure of the Agency to furnish a certification or an explanation sha1l disqualify the Agency from participation in this transaction. The certification in this cia use is a material representation of fact Up01 which re1iance was placed when the Department determined to enter int) this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition 10 other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department i' any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered ·debarred,~ "suspended," ineligible," "lower tier covered transaction," "partic;pant," "person," primary covered transaction," "principal," "proposal: a 1d "voluntarily excluded," as used in this clausn, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of those regulations. Agenda Item No. 16812 December 14, 2004 Page 1 Q50'f0fe40 CONSTRUCTION OGe . 11!03 Page 7 or 12 The Agency further agree~ by executing this Agreement that it shall not k.nowinglY enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excludBd from participation in this covered transaction, unless authorized by the Department. The Agency further agree:> by submitting this Agreement that ¡twill include the clause titled "Certification Regarding Debarment, Suspension, neligibility and Voluntary Exclusion-Lower lier Covered Transaction,· provided by the Department, without modification, in all contracts and in all solicitations f)r contracts. The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred, suspended, ineligible, or voluntari!y excluded from the covered tran~;action, unless it knows that the certification is erroneous. The Agency nay decide the method and frequency by whicti it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the nonprocurement port on of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Non procurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establ shment of a system of records in order to render in good faith the certification required by this clause, The knowledge and information of the Agency is not required to exceed that which is nornally processed by a prudent person in the ord nary course of business dealings. Unless authorized by the Department, if the Agency knowing1y enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may tenT inate this agreement for cause or default. Certification Regarding DBbarment, Suspension, IneHgibì1ity and Voluntar{ Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor íts principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fom participation in this transaction by any Federal department or agency. \IIJtIere the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Protibitions, Controls, and labor Provisions: 12.01 Equal Employml!nt Opportunity: In connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment becau..e of race, age, religion, color, sex. national origin, disabi1ity or marital status. The Agency will take affinnative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be ímited to, the following: employment upgrading, demotion, or transfer. recruitment or recruitment advertising: layoft or termination; rates of payor other forms 01 compensation; and seledion for training, including apprenticeship. He Agency shall insert the foregoing provision in all contracts modified only to show the particular contractual reiatior ship in all its contracts in connection with the development of ope ratio , of the project, except contracts for the standud commercial supplìes or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw material5. VVhen the project involves installation, con~;truction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places avaìlable to employees and applicants for employment for project work, notices to tIe provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI- Civil Ri~lhts Act of 1964: The Agency will compiy witt' all the requirements imposed by Title VI of the Civil Rights Act of 1964 :42 U.S.C. 2000d), the Regulations of the FedHral Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall inc1ude provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R., Part 2~, and related statutes and regula'ions. 12.03 AmericanS with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed bý the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto. Agenda Item No. 16812 December '14. 2004 Page 1f2ðP1-pðO CONSTRUCTION OGC .11103 Page a of 12 12.04 Public Entity Criffi<~: A person or affiliate who has been placed 0' the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide an'! 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 awarjed or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public en~ity; and may not transact business witl:1 any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: Ir: accordance with Section 287.134, Florida StB'utes, an entity or affiliate who has been placed on the Discriminatory Vendol' List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a pUblic entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years thereafter, has any intere 5t, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his t:mure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Departmf~nt may waive the prohibition contained in this subsection, provided, that any such present member, officer or employe~ shall not participate in any action by the Agency or the locality relating to ~.uch contract, subcontract, or arrangement. The Agency shaH insert ill all contracts entered into in connection with the project or any property included or planned to be included in any projec:, and shall require its contractors to insert in each of it's subcontracts, the following provision: "No member, ohcer or employee of the Agency or of the locality during his tenure, or for two years thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreemEint between the Agency and its fiscal depositories, or to any a£ reement for utility services the rates for which He fixed or controlled by a governmental agency. 12.07 Interest of MembE!rs of or Delegate to, Congress: No member of or delegate to the Congress of the United States shall be admitted co any share or part of the Agreement or any b(mefit arising therefrom. 13.00 Miscellaneous Pruvisions: 13.01 Environmental Rt!gulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss inculTed in connection therewith. The Agency Nill be responsible for securing any applicable permits. 13.02 Department Not Obligated to Th;rd Parties: The Department ~hall not be obligated or Hable hereunder to any party other than the Ageilcy. 13.03 When Rights anc Remedies Not Waived: In no event shall thE! making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any defau!t which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no WIlY impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement s Affected by Provisions Being Held Invalid: If any provision of this Agreement is held ¡nva1ìd, the remainder of this Ag 'eement shall not be affected. In such an instance the remainder would then continue to conform to the terms and require Tlents of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtainirg an approval of its application for the financing hereunder. --.---....-.- -- Agenda Item No. 16812 December 14q~-&ð40 Pag¡i!)~11cfiÑ ooc . 11103 P.g"g of 12 13.06 State Law: Nothin! in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any othel act or do any other thing in contravention of a,y applicable state law, provided, that if any of the provisions of the Agreement violate any applicable state law, the Agenc} will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Cepartment and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the ö"gency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of an:, act, error, omission or negligent act by the Aoency, its officers, agents or employees during the performance of the Agreeï1ent except that neither the Agency, its officers, agents or its employees will be Hable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of ts officers, agents or employees during the pe'formance of the Agreement. \M'1en the Department receives a notice of claim for damages that may have been caused by the Agency in the peñormance of services nquired underthis Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Depélrtment will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss option;; in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in thi~; section. The Department's failure to promp11y notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of tile claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is respon!;ible for all expenses at trial. The parties agree that this clause shall not waive the benefits or provisicns of Section 768.28, Florida Statutes, or any símilar provision of law. 13.08 Plans and Specifi(;ations: In the event that this Agreement invol'fes constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for a Jproval all appropriate pfans and specifications covering the project. The Department will review all plans and specificaJions and will issue to the Agencywritten approval with any approved portions of the project and comments or recommend!ltions covering any remainder of the project deemed appropriate. Aft£~r resolution of these comments and recommetldations to the Department's satisfaction, the Department wil1 issue to tl18 Agency wri1ten approval regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way acti'/ities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is req ufred prior to advertisement for or solicitation of bids for con struction of the project, including those project; for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to rroject closeout, that the project was completed in accordance with applic,;1ble plans and specifications, is in place on tho Agency facility, that adequate title is ¡n the Agency, and that the projl~ct is accepted by the Agency as suitable forttle intended purpose. 13.11 Agreement Format: All words used herein in the singular form s 1all extend to and include the plural. All words used in the plural form shan extend to and include the singular. All worcs used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneou:ly executed in a minimum of two counterparts, each of which so execute::1 shall be deemed to be an original, and such :;ounterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency ag -ees that no federally appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person fOl' influencing or attempting to influence any officer or employee of any federal agency, a member of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal cJntract, the making of any federal grant, the m 3king of any federal loan, the entering into of any cooperative agreement, end the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperativ'~ agreement. Agenda Item No. 16812 December 14\2~Ø4J Pa~~f1'ffil OGG - 11/03 Page 10 of 12 If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a rr ember of Congress, an officer or employee of Congress, or an employeE! of a member of Congress in connection with tlis Agreement, the undersigned shall complete and submit Standard Foml-LLL, "Disclosure Form to Report Lobbying," ill accornance with its instructions. The Agency shall require hat the language of this section be included in the award documents for all subawards at all tiers (including su bcontracts, subgrants, and contracts under grants, 10é ns, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for I)bbying the Legislature or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this Agreement. If the Ag~ncy constructs any improvement on Departm:mt right-of-way, the Agency (!) will 0 will not maintain the improvements made for their useful life. 13.15 Vendors Rights: \lendors (in this document identified as Agency' providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and sErvices unless the bid specifications, purchase )rder. or contract specifies otherwise. The Department has twenty (20) days to deliver a request for payment (vouctler) to the Florida Department of Financial Services. The twenty (20·, days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not availlble within forty (40) days after receipt of thE invoice and receipt, inspection, and approval of goods and services, a sf'parate interest penalty in accordance with Sf!ction 215.422(3){b), Florida Statutes, will be due and payable, in addition :0 the invoice amount to the Agency. Interes~ penalties of less than one dollar ($1) will not be enforced unless the Age1cy requests payment. Invoices which have '0 be returned to an Agency because of Agency preparation errors wifl re~jult in a delay in the payment. The invoice payment requiremeflts do not start until a property completed invoice is prov ded to the Department. A Vendor Ombudsman tlas been established within the Florida Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be expHriencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (£50)410-9724 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties have caused these presents to be el(ecuted the day and year first above written. AGENCY STATE OF FLO~IDA DEPARTMENT OF TRANSPORTATION By: TItle: BoCC Chairman or Designee By: Title: Directo· of Transportation Support Attest: Title: Clerk Attest: : Title: Exew ¡ve Secretary As As to form: District Attorney See attached Encumbrance Form for date of funding approval by Campt ·oller. Agenda Item No. 16B12 December 14, 2004 Page 142~~'~~ CONSTRUCT,ON OGC·'1103 Page'1 of'2 FPN NO.415544-1 EXHIBIT A Project Description and Respon~ib¡¡ities This exhibit forms an integnl part of that certain Reimbursement Agreem(int between the State of Florida, Department of Transportation and Collier County Dated PROJECT LOCATION: 53rd Street SW form 28th F lace SW to 30th Avenue SW The project 0 is @ is no: on the National Highway System. The project 0 is (!) is no: on the State Highway System. - PROJECT DESCRIPTION: Construct sidewalk segmerts in Golden Gate on 53rd Street. SPECIAL CONSIDERATION BY AGENCY: See Attachment Page 1. SPECIAL CONSIDERATICN BY DEPARTMENT: The Department shan reimburse the Agency, subject to funds av¡;¡ilability, ;0 the year programmed (currently FY 03/04). -<"- Agenda Item No. 16812 Decembe¡" 14, 2004 Page 152ØP~ A1TACHMENT PAGE 1 Special Consideration by Agenc /, All work to be conducted outside of the Department Right-of-Way shall adhere to the 2002 Florida Greenbook standards. as amended. AJI work to be conducted w~hin [)epartment Right-of-Way shall adhere to the following: (1) The FOOT standard specification for road and bridge construction. 2004 edition as amerlded, and (2) The FOOT roadway and traft c design standard, 2004 edition as amended and design crteria from the PPM, 2003 edition as amended. For all projects the following will apply: a) Section 287.055, F.S. "Co'lsultants Competitive Negotiation Act" b) FDOT "Project Developme1t and Environmental Manual," where applicable c) The Local Agency Program Manual The Agency witl inform the Department in writing of the commencement and completion of tile project Upon completion of the project, the Department will rave forty-five (45) days after receipt of the Agency's itwoicl! to review, InSpect and approve the project for payment. The Department shall reim)urse the Agency, subject to funds availability, in the year programmed (currently FY 03/04). .. Agenda Item No. 16B12 Decembe¡-1~~Q~~o Pagêo~S'rmdl§¡' OGC - 11103 Pag<> 12 0' 12 ¡AGENCY NAME & BI-LLlNG ADDRESS Collier County Finance Department 2671 Airport Road Naples, Florida 34112 FPN. NO STATE -or: ~L.ORD..oEP"-RTMEr.IT or TRA....-·~~rA'flliN LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT-B" SCHEDULE OF FUNDING 415544-1 PROJECT DESCRIPTION Name Sidewalk Termini On 53rd Street SW from 28th Place SW to 30th Avenue SW Length N/A FUNDiNG 1 (1) (2) [::II TOTA,. AGENCY STATE & TYPE OF WORK by F;~eal Year ?ROJECT R INOS FUNDS FEDERAL FUNDS P.E. 2003-2004 _ ~ $0.00 2004-2005 -- 2005-2006 - p---' -=== Total PE $0.00 $0.00 $0.00 Right-of·Way 2003-2004 2004-2005 - 2005-2006 -- -. --== Total Rlohl-of Wa Cost $0.00 $0,00 ! 50,00 , , ConstructJon 2003-2004 ! 28,000.OC $3,50000 $24,500 00 , 2004-2005 2005..2006 - 200f5..2007 - Total Contract =;1& : ¡28,000.00 $3,500,00 $24,500.00 ConstnJcllon Engines"'g and Irnpec:lon i 2003·2004 $0.00 $0.00 2004-2005 -" 200t>- 2006 - Total Cons!rUclicr Engineering $0,00 $000 $0.00 Total Construcliol Cost ';28,000,00 $3,50000 I $24,500,00 I ESTlMATED T01'AL COST OF Tl'le $28,000.00 $3,500.00 $24,500.00 PROJECT The Depertment's fiscal y.er þe~ins on July 1. Forth1s project, funds are not projected to be ...v~lIable until al'ter The Department will notify the ¡\geney, in writing, when funds are aVailable. July 1st each fiscal year. *No work shall begin I{nti) the Department has issued a written Notice tc Proceed for each phase. Funds are contingent upon 4\ legislative approval. \%)' EXECUTIVE SUMMARY Agenda Item No. 16813 December 14, 2004 Page 1 of 13 .- Recommendation to award bid #05-3750 "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" to Ground Zero Landscaping Services, Inc. in the amount of $30,781.90. OBJECTIVE: To obtain Board approval to contract with Ground Zero Landscaping, Inc. for landscape maintenance services for Rattlesnake Hammock. .- CONSIDERATION: 1. On November 3, 2004, the Purchasing Department sent notices to 45 vendors for the landscaping and irrigation roadway grounds maintenance: #05-3750 "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance". 2. On November 18, 2004 at 10:00 a.m., a mandatory pre-bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. There were two (2) addendums to the bid package. 3. On November 30, 2004 at 2:30 p.m. four (4) bid packages were received and opened. Staff reviewed the unit pricing on the bid tab, and Ground Zero Landscaping Services, Inc. submitted the lowest bid. 4. Staff recomm~nds that Ground Zero Landscaping Services, Inc. be recognized as the lowest. qualified and responsive bidder. 5. The four (4) bids that were received are as follows: a. Ground Zero $30,781.90 b. Advanced Lawn $55,133.70 c. Commercial Land $63,587.35 d. Green Heron $79,372.00 Staff recommends' awarding the contract to Ground Zero Landscaping Services bid amount of $30,781.90. FISCAL IMPACT: A total of $30,781.90 is available in the Rattlesnake Hammock Road Project (Fund 112, Project #650211). GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award bid #05-3750 "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" to Ground Zero Landscaping Services, Inc. in the amount of $30,781.90 and authorize the Chairman to execute the standard contract after reviewed by the County Attorney's Office. Prepared by: Pamela J. Lulich, RLA, Project Manager .-. ~'·.,"'.A""'~·~'·'____·_""'''·''>''''-··' " Item Number Item Summary Meeting Date Agenda Item No, 1~B13 December 14, ¿004 Page::? nf13 COLLIER COUNTY [IOARD Of' COUNTY COMMISSIONERS 168'13 Recommendation 1o ßWlmJ bid #05·3750 ~Ra1flesnilk8 Hammoc!l: Road (CR 864) (US 41 Tamillmi Trail Efl51, t.o PoUy Avenue) Rmu1way Ground5 Mai!')tenf nr~" tQ Ground ZerD UHld~H:aping Sf;rvic«;~~ in HID 3rnounl 01530.15' .90 12/'14i2004 9:0000 AM P:unel3 J, LuHch ~~r( jeçt Manager 11/1;20044:12:01 PM Prepared By lr;H!'IIpOrI10n S.~rV i:f!!; Dôlte Tr<lffic OperuUcu'11JI A 1M Shawn Nt!wt11an Äccmwtitlf/ Suþ~r\litwr Oa1:1!: Approved By Tr.ms.portion Service$. Transportation Admini¡:¡tr3tian 1:UU2004 6:17 PM Brenda Brilhart Purç!H~u'g Agent Datff Approved By Admini5'\:r&tivr. Scrvicp.s Purçha.:¡in!1 17./7.120048:12' AM Gloria t1emtrf\ Managr.1"T1(H,1:.IBl.lógr.t Analy ¡;t Dat€ Approved By lrafl!ip( rtiun 5t.'rvicetl lratl'SiþOrtatior! Oper;)tiont; 1212J:.1UQ4 6:52 AM $te'l1e CUrrlen ~)urcha~JngIGt!nerut S'lCS Oireçtm Date Approved By Admi1"lis.n<l1:ivP.' SNvic(\$ PurdHI:;.]ng 12121200410:52 AM Project Manager D,I'I;<'!' Approved By Pillm~í¡!,.J. Lulich ìfaru~port¡(m 5.!rvi(:~~1 TraNK 0PN,ltioos,1 ATM 12/217.004 1:19 PM D!ane t!. FJ.agg Date Approved By 'f'ranfiþortiohS,crvice.fi 1 raffle Oper;¡UClnu a.nd AlIlratl$ Mod(!~ nir~r.tor hattH:: Op~f ~tionSJ' A 1M 1213110041:02 PM Now\ ¡;.:. rl~cler, Alcr Imfl$õporti.l1i<m O¡'};$õiofl .'\dt'f lni~hdEJf Utl1e Approved By Tr.1n$.portiClt1 SNvif.:(~S Tr.1t1spor atian 5crvÌ<:.es I\dmin. 12/3/2.004 1:24 PM Pat Lchnhard E)I~.u1'i'y'(?.s>'t'\::re .,ry Diltt!' Approved By fr$l1s.purt;¡,tjOI1 5er\lic~$' Tr3!,s.polt::l.lICon 5el'\iÜ.:;t!!,; Adtr¡ir¡ 12/3,'20U4 2:23- PM Adtr1in¡l>tr..I~\I(! A/5.tJw'tant Datt! 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I: 111 0 ø~ -:Be: e: e: co I!!! "":¡; 1< ~: EXECUTIVE SUMMARY Agenda Item No. 16814 December 14, 2004 Page 1 of 13 ,- Recommendation to award bid #05-3751 "Pine Ridge Road (Airport Pulling _ Logan Blvd.) Roadway Grounds Maintenance" to Commercial Land Maintenance, Inc. in the amount of $104,270.25. OBJECTIVE: Recommend awarding bid #05-3751 "Pine Ridge Road (Airport Pulling - Logan Blvd.) Roadway Grounds Maintenance" to Commercial Land Maintenance, Inc. in the amount of $104,270.25. ,--- CONSIDERATION: 1. On November 3, 2004, the Purchasing Department sent notices to 45 vendors for the landscaping and irrigation roadway grounds maintenance: #05-3751 "Pine Ridge Road (Airport Pulling - Logan Blvd.) Roadway Grounds Maintenance" to Commercial Land Maintenance, Inc. in the amount of $104,270.25. 2. On November 18, 2004 at 11 :00 a.m., a mandatory pre-bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. There were two (2) addendums to the bid package. 3. On December 1, 2004 at 2:30 p.m. three (3) bid packages were received and opened. Staff reviewed the unit pricing on the bid tab and Commercial Land Maintenance, Inc. submitted the lowest bid. 4. The three (3) bids that were received are as follows: a. Commercial Land Maintenance b. Advanced Lawn & Landscape c. Green Heron $104,270.25 $114,793.25 $144,459.00 Staff recommends awarding the contract to Commercial Land Maintenance bid amount of $104,270.25. FISCAL IMPACT: A total of $104,270.25 is available in the Pine Ridge Road Project (Fund 112, Project #601114). GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award bid #05-3751 "Pine Ridge Road (Airport Pulling - Logan Blvd.) Roadway Grounds Maintenance" to Commercial Land Maintenance, Inc. in the amount of $104,270.25 and authorize the Chairman to execute the standard contract after reviewed by the County Attorney's Office. Prepared by: Pamela J. Lulich, RLA, Project Manager --- ,_.,." "_~"..".~ ". .."._ ,,~.,~ ",c" Item Number Item summary Meeting Dllte Agenda Item No. 16614 December 14, i004 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16814 Recomml."mrJí3tion t{) ßW3r1j bid #05~3751 "Píne Rídge Rond (Airport Pulling - Logan Blvd.) Roadway Grounds Maintenance" to COnlrnerC'ial Land Maintenance, Inc. in the ;gmount 01 $ \ 04 .270.25. 12í14/2004 9:00'00 AM Pamela J. U,dich projec.:t Man:lger 12J1/2004 4:09:00 PM Prepared By lr¡)flspor¡¡otl S(!rv,,;cti i);5.Ìf! lmffic 0PI1UI.UOnBI ArM A<:coul!1ing Supef\/ißor Datlt Approved By Shaw/) Nf!wm.all TUI1r.porHDn Serv¡cc1- Tr3napDI1::ltiof'l Admh'¡6tr.tian 12f1t2G04 6:16 PM Brenda Brilhart Purchasing Agent D.", Approved By Administrative Services PurC; '1II"!ng 12/2/20048:19 AM Glori¡¡ HElrn:rr¡¡ Managr.mr.ntfBò dgm: Ana!.V5it Dde Approved By Tr,lIIli'pl:Htitl!' Serv¡(,;~\'I lralllilporUltlorl Dp~rati(JtI'/; '212'200,4 8:53 AM Approved By Ste"~ CUHl~!I Adminis.tróJtI.....e Sf':rvi..c$ Putchall;irlg!Gt'tHnal SVcß Dirt!dQ1 Oatlt Pur¡;.hôl:Jìng 121212ß0410:5.o1 AM ProjOi!ct Mnt1f1Q"r Dlltp. Approved By PamF.'la.J. l.ulich ·rr.m~pnl1ì{ ,! .s(!'fvi(:~s Tr.llfti<: Opf':r<11tmu¡! ATM 11.lV2004 1~25 P l,~ Diane 8. flagg D". Approved By 1'nmuportiol1 St!rvÌ\;e!; T'raffic OpeHltiot\ii and AI! Tran$ Mode!> Díre¡:1:Clr rra1flc 0PIH:lit¡onsì A T'M 11/)/200.41 :Q3 PM 1'ral1tõþortution Olvis¡ioll AdmlnÎ!Sh3ltur Date Approved By Nom'l E. Feder, AICF' Ttanspl)r!,ion SOi!rvict!s Tran1óportl¡ tion Servic;es Admin. 1213/1G041:2.1j PM P1iI1. Lehnhllrd EJll!ç.uf!ve Sl!:cfr:tary nat~ Approved By T IfU"laportlll1ion Servjct;s Tra¡,sporhtu.)1) Service~ Admin 12/3/20042:24 PM OMS Coofdinator AdI11I111!$trØlt¡ye AS!ôI$tallt D.de Approved By County Man4lger's Ol'tìc;e OffÎ(;e of Mal"\4IQcrnent & Budget 1216120D4 8~SS h.M Michael Smykl)wski Management & Budget mreç10r Date Approved By CCI\lnty M¡lIulger'$ DNice OWe/!' of M;UIiIÇlement &. f)ud.g~: 1216/200412:10 PM Jurl'lf!$ V. Ml.ldd C<lunty M;1nagN O.1te Approved By Bo:¡¡rd of County ComnlHuiiOllcr:s CQun1y Manager's Office 121712004 6:25 P l,~ !~= ~~~ t ;1 -g£:D. w OJ « .c~ .20 -"" :::J . -JI'? E:øN ~~~ .. ~ E 8,0-5 tII Z Ii iåi"'O :n¡j~ ti° CDC) "ê'.E 0.. ~ i ED c 11\ CD .9 , c). §B æ! 1::J!! ª"C~ <~~ i~: o c CD .....a::2~ Ie &" B ,,?:g~CD 1l)a::¡¡O i ~"'O .. ~~~8 ..... ..... '15 0 0 8 0 8 88 S 0 8 S 8 88 0 0 0 0 ó ó ö ó ó óó ¡g ó ó ó ó ÓÓ 0 0 0 0 0 00 0 0 fit fit 00 0 0 8~ 08 sa 08 8a 8~ 08 8 8 8~ 8~ 8~ 8 0 0 ó o . o . cD cD o . ..; cD e Ó ·0 '0 '0 .. 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Agenda Item No. 16815 December 14, 2004 Page 1 of 5 ,- EXECUTIVE SUMMARY Recommendation that the Board accept a donation from Florida Power & Light in the amount of $155,000.00 OBJECTIVE: A recommendation that the Board accept a donation from Florida Power & Light in the amount of $155,000.00. CONSIDERATION: The Florida Power and Light donation is intended for the following three (3) projects: 1) Landscape improvements between Golden Gate Parkway-Pine Ridge in the amount of $30,000, 2) Florida Power & Light Power Feeder Burial in the amount of $80,000, and 3) Greenway along FP&L easement in the amount of $45,000. Desicnated Proiects for Consideration: ,,-.. 1. Collier County LandscaDe Beautification Master Plan: Livinaston Road (Golden Gate Parkway to Pine Ridae Road): The $30,000 will be used to upgrade plant material where aesthetic conflicts exist, to address additional irrigation and installation costs, and to screen the FP & L feeder equipment. The donation will be appropriated to the project and specific items addressed as a change order to the Livingston Road (Radio to Pine Ridge) contract. The agreement stipulates that Wyndemere and the Collier County Department of Transportation will determine the aesthetic improvements jointly. FP&L has contracted with the same landscape architect that is designing this section of Livingston road for the County. Wyndemere residents, Collier County staff, and FP&L are working together with the landscape architect to establish approved aesthetics that compliment the beautification master plan (Fund 112, Project 600714). 2. Florida Power & Licht Power Feeder Burial: This project will focus on the aesthetic improvements through the burial of a portion of the distribution power feeder in the vicinity of the Wyndemere subdivision on Livingston Road (Golden Gate Parkway to Pine Ridge Road) not to exceed $80,000. Any remaining funds shall be used toward the future extension of the greenway along the FP&L easement (Fund 112, Project Number 60041). 3. 'Livincston Greenwav: The $45,000 donation to the Greenway along the FP&L easement (Rattlesnake Hammock to Radio Road) will provide funding for development ofthe Greenway (Fund 313, Project Number 690817). FISCAL IMPACT: Funds in the amount of $155,000 will be deposited into the revenue side of the designated projects. A budget amendment is needed to recognize these funds and appropriate them on the expense side for the following projects: the Livingston Road Landscape project budget (Fund 112, Project Number 600714) in the amount of $30,000; the Livingston Greenway (Fund 313, Project Number 690817) in the amount of $45,000; and the Florida Power & Light Power Feeder Burial project (Fund 112, Project Number 60041) not to exceed $80,000 with the remaining balance being appropriated to the Livingston Greenway. GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County Growth Management Plan. ~ Agenda !tem No. 16815 December 14,2004 Page 2 of 5 ,.-... RECOMMENDATION: That the Board accept a $155,000 donation from Florida Power & Light for the designated projects, approve necessary budget amendments, and approve a change order in the amount of $30,000 to the Livingston Road (Radio - Pine Ridge) project (Fund 112, Project 600714) which is a result ofthis monetary donation. Prepared By: Pamela J. Lulich, RLA, Project Manager, Alternative Transportation Modes ---- ,.-... Agenda Hem No.16B 15 December 14, 2004 Page 3 ()f5 COLLlER COUNTY BOARO OF COUNTY COMMISSIONERS "em Number ttem Summary 16815 Meeting Date R(!comrmmda1ion that the Board accp.pt <I donlllion from Florida Power &. light in thl~ amount oj $155.000 12114120049:00_00 AM Dat~ Prepared By 12/2/2004 11:12:4fì AM Patnøla.J. tuli-ch PmjMI Man4\Qp.t Transportion S~fvi1'e1 Traffic ()perations/ ArM Approved By Pamela J. Lulich Project M3f'1&ger Date Traru~p()rt¡( 1! Sl!:f\I'icf'I!J TrJilHk l)pi!lMUoru:r ATM 12{212004 1:21 p~ Approved By t.mda Jar..I<,s;on C.?h1ra"ls A! cl'll Da ('I Acin1h~ls;trntiv~ ServlI~es ~lumh¡¡s¡ng 12/212004 ..:36 PM Approved By BU~l'Ida Brilhal1 PUT(~h<lis;l"g Ag'l!:I't Oatil: Administrative Servir;(¡s Purchasing 1;21;2/2ß04 4:39 PM Approved By Steve Carnel! PurchasingIGl!lnt'!!r:itl Svcs Oirector DatI! ^d"'~IHstratlve Servk:its PUfchasmy 1213J'2D04 10:28 AM Approved By Oiatu? a. Fl¡o¡g!il TmUi~~ OpP.utiOr>5 ,1.l1ri AU lnJn$ Modes D¡r~r.tcr Daie lransportiQn Serviç-es 11'¡ ffic Opefatjol'sl AlM 1213I:Wa.41:12F'M Approved By Sharon New"I.o1n Ac:çoul\tmg Supervitlut Date TI.nOjportion S..,rvic.E''I Transportation Admini.ttation 1213120043:52 J.'1M Approved By Jeff Kiatzkow Assist;.mt County Attorney Dale CDUl1ly Alton'l"Y CI)!U\1y A!t( n1f~Y Office 12(.H2004 4:.'j[J PM Approved By N(~rm f. F~def, AICP Tran.1Jpuftali()!I Di\llsion AdfT'li,Üf.1rator DalE: Trnn9pDrtion Scrvi.c;eø Transportation Setvicea Admin 12/ij/20C!4 9:35 AM Approved By Gloria Herrera ManagementJBudge1 An,tlY'60t Dat~ Transportio l Serykes Tr.mspPrlntiQn Oplf!fation'S 12m/2004 10:· 2 AM Approved By Pat LU H1hntd EXfJC'.uti\ie SC'Gfetary [}..te frólnspnrtlrtion Ser\llce":!o rr3nspurtahon S~TV¡ce' A(ilnil\ 1US¡Z00410:30 AM Approved ~y OMB Cooldmator Admif1lstr3ti\le A.!I.Slst3nt Datt! Caun1y ManagC!'r'ti Off¡u~ Offioo af Management & ßudgtrt 121a.{200~ 10:3(ì- AM Approved By Michnf?.! Smykow.o¡kí Mana{ umer\t &. Budget Oimclor Date county Manl1ger's Offtce Offlc~ 01 Maml!il~I1..enl & Hudgel 12/61200411:52 AM Approved By Jan'(~$ V. Mudd County PJlatlagN Data Bo.nd of CQuniy C¡)ttlmisl;loners 121'8/20044:&6 PM County Man30gen¡ Oftic.e ~--- 1'O)-29-2ØØ4 15:01 FRO'1: TO: 2392135899 Agenda ltemPNð./~B15 December 14,2004 Page 4 of 5 'fj ¡::PL - flvriie PwIer,. ...... CIMftpIIRJ, 'ln3'... SInJet. FT MyWs , Fl33901 November 22~ 2004 Chairman Donna Fiala Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 , Dear CtTahman Fiala: Thank you for your letter this past summer expressing Collier County's interest in creating a linear park along FPL's transmission corridor in east Naples, FF'L is likewise excited about creating a partnership with Collier County to provide a facility (hat will be an amenity to Collier County's citizen!. FPL js working closely with the county staff to finaJl2e an agreement that will provide our consent to 'the County to construct a linear park compatibfe wltn our transmission facilities. FPL has alSo considered your request to contribute to this Greenway project and will contribute a total of $155,000.00 in a single payment. The grant ;$ subject to the following conditions; 1. Landscape Jmprovements in an amount not to exceed $30,000.00 to be made adjacent to FPl's transmission corridor and LMngstone Road be nlat:e betwe.3n Golden Gate Parkway ar:d Pine Ridge !1caé. Thi::: improvement wiD be ,;o;ntJy determined by CoUier County Department of Transportation and the Wyndemere Homeowners' Association. 2. Improvement of aesthetics through the burial of a portion of the distribution . POWer feeder in the vicinity of the Wyndernere subdivision and the future extension of the recreational trail in an amount not to exceed $80,000.00 3. Unrestricted use of $45,000 for development and !X)nstruction of the linear park and trail. . fPl GrøIp ~ NOV-29-20Ø4 15~01 FROM: 'TO:239213589~genda Item Nb:¥6815 December 14, 2004 Page 5 of 5 Chairman Donna Fiala October 25, 2004 Page 2 Please find enclosed FPL's check in the amount of $155,000 to fund the proposed greønway in east Naples- We are hopeful that our grant may inspire others to make similar contributions to fund this worthy project. ///£ rover M. Whidden Externat Affairs Manager GMW~bjs Enclosure 1.- i , ,,--. EXECUTIVE SUMMARY Age~:c~~~~~'4: ~~~~ Page 1 of 7 Recommendation that the Board accept a donation from WCI Communities, Inc. up to the amount of $100,640.00. OBJECTIVE: A recommendation that the Board accept a donation from WCI Communities, Inc. up to the amount of $100,640.00. CONSIDERATION: The WCI donation is intended for the median improvements on Livingston Road (lmmokalee Road to County Line) adjacent to Tuscany Reserve. The funds would purchase more mature and larger trees consistent with the Landscape Beautification Master Plan. This enhancement will not create an additional maintenance cost to the County. The donation is subject to the following conditions: The larger trees will be placed in the median adjacent to Tuscany Reserve frontage, the County will provide the maintenance consistent with the Landscape Master Plan, and Tuscany Reserve will select the larger trees (nine specimen oaks). Additionally, Tuscany Reserve plans to develop a Landscape Agreement with Collier County to further enhance the landscaping behind the back of curb on the east side of Livingston Road adjacent to Tuscany Reserve and will, consistent with the Landscape Master Plan, provide the maintenance of trees, sod and irrigation. ,,-- FISCAL IMPACT: Funds up to $100,640.00 will be deposited into the designated project. A budget amendment is needed to recognize these funds and appropriate them on the expense side of the Livingston Road Landscape project budget (Fund 112, Project Number 65041). GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board accepts a donation from WCI Communities for up to $100,640.00 for landscaping on Livingston Road (Immokalee to County Line) (Fund 112, Project Number 65041) and approve related change orders to the Livingston Road (Immokalee to County Line)(Fund 112, Project Number 65041) contract that will result from this donation. The donated amount will add over 10% to the contract, which would require Board approval. Prepared By: Pamela J. Lulich, RLA, Project Manager, Alternative Transportation Modes ,..- Agenda Item No. 16B16 December 14. 2004 Parle 2 of 7 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS ~ hem Number hem Summary 16B16 Meeting Date Rl'cornrm~ndl:it¡on that the Board <'!r.capt A dOnAtion from We] Comrnunì1ies. Inc. up 1.0 the .arnount of $100,&40_00 for 1:;ndsC8ping along LivingstQII RoJu ødjacellt 10 Tosr..an)! Reserve 121141'2004 9:00:0D AM Prepared By [)atlf!, Pam~la J. I. ulJc.h Pr,,¡.,d Mömagm 12121200..11:12:",6 AM Tral1sportion Services. fr;lffic Operation.¡ ATM Approved By Pamela J. Lulieh PrOject Milnllger D,te TraJ"l5por1i{l" Slw,,¡ce.. Tr.."k~ O~rðlì(Jf1$! ATM 12f2i20tl41.21 PM Approved By l.inda .Jør.k$on Cl1nl,..r.It. Agl~nt Dale Adrninh:1rut]\'~ St'rvu;e$ Purc:has;În9 12121213044:36 PM Approved By Btenda 8tilhat1 PurdH"in9 Ag~l'It Oat~ Admmistrlltìvl!: Ser....ir.es PurchllSing 12/212004 41:39 PM Approved By S1cv?1 Carnell PLlrc:l1a3ingIßener~1 SVCf; Ditec.t()f Dab! AdIT\ínistritotIVf! Set'lrkea PUlct'll!ll>lng 12/3n004 10:28 AM Approved By Oi: \n~ ß. Flagg haftll; Opm-aUoI'I!1 ¡Jnn AI! Trani ; ModM Oir/!'...tQr I)a!e Tranuporti.¡,)!\ 5ervÌ(;l!tt l'rnffic Opel81ionsi AlM 121312004 1: 12. PM Approved By Sh3röll Newman Accounting SUP.\!'rv\60r Date T r3n!oportion ~er\(ice' Tfill\äponatíon Admlni!òtration 1:2:13121)04 3:5j:! PM Approved By Jeff Kiatzkow Assistant Count..· AttornflY D,te C()un[y AltOrl'lifY Cl)uniy Att() 'I'I¡~Y OffiJ:r! 12/3120044.50 PM Approved By Norm (, F",d~" AICP Tral~sp()rt;¡lion DiYI~ion Adminifitr¡¡to, DAtÆ! Traf1sportiol1 Servì{;fts Transportation Services Admin U/611004 9:35 AM Approved By Gloria Herré'ra ManageJT!rmtlBlidget Analyst DatI(! Tran$.portion S..,rvir..etõ Trõlf\sþonation Opt!\rat¡o~'s 12/ti'1(104 '10:'12 AM Approved By P.Ölt l.ehnl1ard Executiv-e Sp.!crelnry DatI!" rran~ptJ'tllllOl1 5~r""ICf:!S Tr::rf!sport3tmfl SelVice:¡; Admin 121'5l2004 10;30 AM Approved By OMI3 Comdmutor AdmimstTatt'.le A~! LS'tant Datt! County MlI.n.gr.r'a Offir.:c om"..- 01 Mnnagr.ment & ßudç ~t 1:lió/2004 10:3l~ AM Approved 'By Mìchn~1 smykow."I- ·;í f¡\:a'HIlt!cmtmt .\ Budget O!tr.ctor Da ~ {;mmty M,ul11ger's Office Offk:e- ot Man¡¡gern(!ont & Budget 1216:2Q04 11;52 AM Approved By .James V. MI.I<:td (::( \.II'ItyMmlaget Oilt!! Board of County Comnu!)f;intlen 12l8i2004 4:56 NJI County Man~gef'lò Office :,n~n \).."~~U'H" i f',;,i-~ti h~ r.n"<i;'.; \!'id'·,¡.., LU:i<'Ht \4-' !t,i ':;: ~'}' >J.&- Agenda Item No. 16816 Decennber14,2004 Page 3 of 7 I CC)iv1 tv1UNITJES, INc. December 7. 2004 Ms. Pam LuJích Comer County 2705 Horseshoe Drive South. Naples. Florida 34 I 04 Subject: Tuscany Reserve Donations to Livingston Road Planting Dear Pam, I am writing to continue our conversations regarding the Collier County- Livingston Road Planting Plan. Tuscany Reserve \ll0u1d like to pursue the opportunity to donate funds to enhance the planting plan cOlHmisslOned by Collier County for Livingston Road adjacent to Tuscany Reserve. We have contracted with Outside Productions, Inc. (CoJlicr County's oonsu1tant for the Livingston Road Planting Plans) to prepare the attached "ENHANCED" Roadway Planting Plan identifying the ADD & DELETES to the county plan. Our objective is to support the beautification efforts in CoWer County by cnhancing thìs designated "Gateway" to both Collier and I,ce Counties. Tuscany Reserve would like to donate one payment up to $100.640.00 to this project. This donation will be: subjc':t to the following conditions: 1. Lal1dscape Enhancements up to the amOUl1t of SI00.640.00 (as idcntilìed in the attached Outside Productions Roadway Planting PIan) . wì1l be made along Livingston Road adjacent to the Tuscany Reserve frontage. 2. Comer County wi1l provide the maintenance for all the plant materia} additions with the exception of the planting mcntioned 1n item #3 helow. 3. Tuscany Reserve would like to work out a Maintcrumec Agreement with Comer County whereby Tuscany Reserve wil! provide the maintenance of the trees, sod and irrigation instaUcd behind the curb along the cast side of Livingston Road adjacent to the frontage of Tuscany Reserve. Pøg'': 1 nt 3 . Agenda Item No. 16816 December 14, 2004 Page 4 of 7 4. Tuscany Reserve will select and tag the nine specimen oak trees to be purchased and installed within the center divider. An allowan.ce of up to $72,000.00 has bcen provided until the nine specimen oaks are procun.:·d. Once the trees arc locatcd and the final pricing is estahlished the final donation amount will be determined. Below is a spreadsheet communicating the values of the donations listed above and as identified within the Outside Productions .... Roadway Planting Plan. IRRIGATION MATERIAL ADDS: Description Toro 220~27-X·5. 220 Series. brass 1.25" Electric solenoid valve With EZ Reg pressure regulator. and Red White 206 Series 125~ Isolation valve at inlet. (For Specimen Live Oaks) PLANT MATERIAL ADDS: Scientific Name! Common Name Cassia surratensus ¡ Yellow Cassia Quercus Vlrginiana! SpecìmM Live Oak Tree (aUow up to $8,0001 tree) Quercus virgin¡ana ! Live Oak Tree SpecifIcations Qly Unit Unit Cost Total Cost 25 gal, 10' oa x S' spd, 2flcaj 3 Ea $ 158.00 $ 474.00 35'03 x 25' spd. 18" cal 9 Ea $ 8000,00 $ ._]2,Oºº~Qº__ 22' oa x 12' spd, 6- a·cal 18 Ea ....t.. 1.375.00 $ 24, 150.,º,º Subtotal $ 97,224.00 Qty Unit Unit Cost Total Cost 1 E3 $ 358.00 $ ___-11~tºQ,. Taro FB-PC series bubblers for designated trees. (4) bubblers per Specimen Live Oak. Bio-Barrier Total Funds to be Donated by Tuscanv Reserve TUSCANY RES'ERVE'TsACK OF'" CURB FRONT AGE - INST A1..LATION AND MAINTENANCE Paspalum sod within +r~ 6 ft, planter between back of curb and side walk Irrigation within +{. 6 fl. planter between back of curb and side walk Tuscany Reserve Donated Materials, InstaUation, & Maintenance Total Enhancements Value 19,5" depth x 20' Length 36 Ea $ 25.00 $ ,.,.ª-ºº,,ºº. Subtotal $ 1,616.00 18 Ea -L,.- 1 O<l:.go $ 1.800.00 GRAND TOT AL:_..~....,.19Qt~:ºº- ___"_"~"~~~~~'."_'__.'N__'.._~m'_d"" Paspalum sod wìll be installed and maíntaîned by Tuscany Reserve. 5000 Irrigation will be installed and maintained by Tuscany Reserve SF $ 0.48 $ 2.300.00 5000 SF $ 1.14 $ 5.700.00 TOTAL: $ 8,000.00 $ 108,640.00 PQse ~ 01' 3 Agenda Item No. 16816 December 14, 2004 Page 5 of? Tuscany Reserve has issued the intcrru¡l funding request for an amount up to $\ 00.640.00. Once the nine specimen oaks arc procured and final pricing establìshed, a check will be drafted to CoHier County. J amicipate this process taking approximmcly a week to secure the trees and another week to process the check. In light of the recent changt.'S requested by the county, 1 trust that Conier County wi I! be patient in regards Lo dcJivcry of the donation. Tuscany Reserve is very pJeascd to have the opportunity to collaborate in this effort. Our goal is to work closely with ('oHìer County and SUPP011 the Commissioner's beautification efforts. Please let me know ì r any additional inJolmation is needed to help in this process. Sincerely, Brett Lemmon r~aµ(": .) {.')( : ·-I.P '<t I'- -0_ 00 ....:":c.o ','<to> 0"- 0) Z....ro 0>Q.. E.o o>E ~( ) rot) ,,0> cO ( ) !l D- --.. I ___--.==== ...:::=a. CDUlfØIØQ~J«JDMV a--==;'¡¡::::' '3N! SNOI.L:)OGORd .. ..=:&:..... ~=:' ] aalSJJlO I' -=_ --~~=11111 '.L'O'O A.LNI100 11311100 :¡¡O'¡ 031Nd31!1d ~vZ6~OOOgv# 'O'd A.LNnO:> };!31l10:> ~ avO};! NO.LSÐNIAll. ....- I ¡ . I ¡ t i I I" ..J NV1d ÐNIiNVld ÀVMavo~1 -,-,-==~ I J.l I I:; ~ ¡;¡ ~ ! ~ (/ éé~ f I I J J · J ¡ I IT I /::=::. IPlANT LIST AND DETAILS ~llfj lInä. lífs. ~!IIP i rff' .1' · -- :Iu' I. ,i :Jlti ¡¡lid Iii I" hi'! linU III li¡;1 .,1 I' II ISP; ··~flí I 1 Uti' ~jll II: h!tf 1,1 .I! ì '¡'r . j- n ", 111' nul MIlt II jila H Ii ¡u I I I" JI't ~i ?/ m z ~ .. j ~ ~ II 11;1 !ill !I' I .. IIi III "I "I ~, I" I. I· I; ,. n 1;1 I ;;¡ ~ :c '" ¡ ~ ~ ø: ~ I': I' i ''I!if I i~ Im~ r¡ ii' ii~lfi ¡ II 'Ii ~ ,; Jí II I ¡¡if. i I [iJ-.... , LIVINGSTON ROAD .. COLLIER COUNTY P.O. # 4500019241 I ~ PREPARED FOR: COLLIER COONlY D,O,T. NORTH COLLIER COUNTY, FLORIDA h ~ I Ui B~¡r r,r ~ DIJJ rrr~ If'i f Hi UII' ¡WI f ft-,' , Hf~ 'f IJ. ··I1'f . f 3! II III! It . f ! 11 1 J I ; H I J :~l~ ;r' , I ~·:If f "'J i~ r Ui! 2 t í ti J , tt~ .' -."~ ill »- - OTInIDE I :-~ I PRODUCTIONS INC. A 1NCIICN'EARCHJÆCT1JM..DSOfIj 8TWIO ~-=----"--- ----- I -=--==. I -.....:t:..:'- -M~Z -. Agenda Item No. 16816 Decernber14,2004 Page 7 of 7 Agenda Item No, 16817 December 14,2004 Page 1 of 8 -- EXECUTIVE SUMMARY Recommendation to approve a budget amendment to reallocate $28,000 from the Golden Gate City Outfall - Project Number 512181 to the Fish Branch Creek Box Culvert _ Project Number 510211; Both are part of the Water Management Department Capital Projects. OBJECTIVE: To provide necessary funding to improve roadside and water management conditions at the Lake Trafford Road crossing over the Fish Branch Creek Slough in Immokalee. CONSIDERATIONS: The Stormwater Management Department has partnered with the Transportation & Engineering Construction Management Department to cost share intersection improvements on Golden Gate Parkway at 50th Street S.W. A total of $250,000.00 was allocated to this effort during the FY -05 budget in order to cover the construction cost for all Stormwater aspects associated with the intersection improvements. The funds were placed under Stormwater Capital Project Fund (301), more specifically under the Golden Gate City Outfall - Project Number 512181. The Stormwater component of the intersection improvements on Golden Gate Parkway at 50th Street S.W. came in at a cost of $172,000.00, leaving $78,000.00 of ,-- unencumbered funds in the Golden Gate City Outfall- Project Number 512181. Several Stormwater maintenance efforts have been identified, which, if completed, will result in improved drainage in many areas. One of the first locations targeted is a drainage improvement project in the West Lake area located between US 41 and Goodlette-Frank Road just south of Pine Ridge Road. A budget amendment for $50,000.00 was requested and approved to transfer some of the remaining Golden Gate City Outfall funds to this new effort, the West Lake Outfall Improvement Project, project number 510056. These funds were necessary to complete the West Lake engineering design and surveying tasks. The second location targeted is at the Lake Trafford Road crossing over the Fish Branch Creek Slough in Immokalee. The project is more specifically located 1.75 mUes east of the intersections of Lake Trafford Road and State Road 29 in the town of Immokalee. This project consists of extending the box culvert to enclose a section between the edge of pavement and a pedestrian crossing over the Fish Branch Creek improving not only the conveyance of surface water but overall traffic safety conditions at this location. All work will be completed within the existing roadway easements and right of ways. The intent is to transfer the remaining Gold.en Gate City Outfall funds into the Fish Branch Creek Box Culvert - Project Number 510211 and to close the Golden Gate City Outfall _ Project Number 512181. Relocating these funds will allow preparation of Construction Plans and to secure applicable permits. A subsequent budget amendment .~ ,~ Executive Summary Fish Branch Creek Box Culver extension Pøge2of2 will be prepared once the project Consultant generates a construction cost estimate. The final construction cost is expected not to exceed $450,000.00. Funding for construction will come from budget amendments to unencumbered funds left over from completed Stormwater projects. All monies are part of the available FY -05 balance within Fund (301) - Stormwater Capital Projects. Agenda Item No. 16817 December 14, 2004 Page 2 of 8 FISCAL IMPACT: Funds will be transferred within the Stormwater Management CIP Fund (301) from Project Number 512181 to Project Number 510211. A budget amendment in the amount of $28,000 has been prepared for this executive summary. Source of funds are Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: This proposed budget amendment places funding in a Stormwater maintenance project, which is in accordance with the goal and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve a $28,000 budget amendment necessary to start the funding for the Fish Branch Creek Box Culvert - Project Number 510211. Executive Summary prepared by: ~ Ricardo A. Valera, P.E. Director, Stormwater Department ~ Agenda Item No. 16817 December 14, 2004 p;jge 3 of 8 COLLIER COUNTY BOARD OF COUNn' COMMISSIONERS Meeting Date 16617 Recommi'!ndation to approve A buonet amendmp-nt \(1 reallocate $26,000 from the Go!dp-n Gate City Outfall _ Project Number 512181 to thr. Fish Branch Crt'eK Box Culvert - Pr<ljecl Nllnlber 51021 -j: 80th are part nl the W!rter MAnagement Department Ca~'itaj PloJcr;l:; 12f14f2004 9:00·00 AM ttem Number Item Summary Approved By Sharon Newman Ac:c.oun1ìf\9 suþc-.rvisor Date Tr:anr.poltìon S(~tv¡(;t>5 rraJ:llip(utat,on AdmlJ:lÎ$ 'tlitlon 111'29/20044: 1ft PM Approved By Rìç"nd() Valeri) Oir~r.tr.>r O.t~ Transportion Servk:e:s Rt'3d MaintenanceiStonTlWllter 1il29i2004 4:.45 PM Approved By N(..rm L feder, AICP Tran¡;po>1ation [)jvi,¡¡l",n Adl"inis.tr..tor Date Twn1iporHDn 5ervj'~I~$ Tr;¡"s;~C\r1ati(1n Sf~iV¡(;'~" A,drt,itL 12/.'m:D04 6:48 AM Approved By Pal Lltnl"lhard F..::IIecutiv!! St!!r.retary Dnte 'Tf.ltI'L'ipolta\lon 5er\llct!& l·ransþolhtiof! SelVice1i Adn1ilj 12/6.1200410:53 AM Approved By OMS Coofdiuutor AdrninilitratiVft Ä.allil¡,tan1 DatI!! County Manager'$. Office Office m MOInagrtmcMt & Budget 12.161200411:10 AM Approved By 511san Ush~r 5(!nìot Ma~H'gl!on)enl/Budg1!1 Analyst Qßte County M."nage!"~ Orticf!: Offic~ of Managernent & Budget 12nf200411:27 AM Approved By Mlr.:hat!t SmykDwski Man¡¡gètnel11 & Budget f)iledOl [)ilte County Mlnager'$ Office Office of Management & BIJdge1 12m:W04 12:53 PM Approved By J;ilrnes V. Mudd County fvtanager DAte Board of County Comll'li'ii'l>ìoner!:! Gr.Hsnty M~nagC"r's Of1ict': 12i712Q04 1 ~31 PM COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PROJECT No. 510211 FISH BRANCH CREEK BOX CULVER EXTENSION PROJECT LOCATION MAP December 14,2004 Page 4 of 8 , !II ~__ ï~."t· ~~J.Ji i l, J.~. · 88:18. : '.. L__I I' ". ,_.. I ' , , I " I 1 SU ~ER__ L I i "_¡-..n--~L ¡ ..J j ~fJ~;~l.+.: 1----¡i1rJ r ~'j-IU~:ll~!~f~r ____I <C 'ROf.3/fR,TS AVEI\W : .....--- ...... ' _P'- ..u-->------<--.·...........--.--....".........."..-'N\ ""' r R.RO· I ......______A1.A I ~I ~I ~!~_....- If----- ; ¡ HERITAGE , ~/~ ! I . ....L I 0 a:: CURRY RD ~. ! ....\ CI)! -"-I~ r--~I ; ~ 1 i~) - --~1 1J..i' -I' , L :¡¡Q 'CI) _....._.~....~ j<t.-i a:::::¡ ~<C a:: i '- ----.. ARROWHEAD ì "1-~ '" '" "" /- / r'o. .-// i i ! i PROP08ED BY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TRANSPORTATION SERVICES DIVISION STORMWATER MANAGEMENT DEPARTMENT HORSESHOE SQUARE, SUITE No. 214,2685 SOUTH HORSESHOE DRNE NAPLES. FLORIDA 34104 (239)732-250 I PROJECT MANAGER: RICARDO VALERA DA TE:NOVEMBER,2004 . 0 1,000 2,000 I f Feet .--".----- .._--~.~ æ¡~¡ ... r-- ex:> :C¡···---i ~ ---- c.; ..,... Õ «'''' CD <P ex:> I?J ..,... - C1> In 0 OJ :ø !::! Z «) iN <'> a.. E i~ Æ 0 «) <'I "C '"_.._.~ c: ,..., <V ... 0> « '<t '... : , ... ..-' I()a:>i i:' 0'" 0' i:' '" N'U") E J:: :..__.,; II) '" E 0 -'" E ro:N II) E ::t '" (J) :::E: fo- ::t » -- ,j,....,., iii (J) aJ N - ..... c: 0 ~ 0 Ìß Q) ..,. "e E (Y) 'N X - W Q. ø -0 i~ C N :J 0) a:> U. C :¡:;; I - 'I/') 'E i-y- ..... .... ;~ ..... Q) N a.. :-" " 0 210>' ..... -0 <> 1.0 C O!,,,~"··; Z co ~~; ( ) '" a.. c c: '" 0) 2:",,' £! ~ .ot; -'" '" ~ I ,(ñ Q)f- : '" .9Z Q) LL.I&;! co ~ 1:: f0- e.. 0 ¡.~--¡ 0- 0. 0- Q) ; co' => => => > 0) iN " " " -c .9Z Æ Æ :J·C ;U") õ õ õ õ.. ÜQ) ,N a:: a:: a:: rn X. Q) ,N: 0 C :N' (D 's, ~ C Q.) ill ~ ~ Ü Q) .c 2: u :J C C/) . CO .... a:l .c tI:I ü: '" c ) i:' OJ <fj c: '" N CD 0 E u. -'" OJ ;; E ø e .9Z co ~ ::t C f0- e.. rn C <Ii Q.) OJ 'u c.9 ëi5 0 0 Q) Q.) Q) :> 0 "0 ~ Ü "3 i:ñ E :;:; () >- '" Q) 0) rJÌ .... 0 0 2: c u Q.) Z !D ï:: C1> a.. 0 -'" :J Q) Cl. ( ) CD Q) E en Q.) (/) s: ~ u '" c 1,/)- s: Z -0 's, 0 ti;!; .>< Q) c: C «) U. c:~ '" ~OJ "' ü: ill ä: D:: en aJ~ fo- ... 0 ~~ u..o -, ~:::E .g¡,.i!i º 2 "' e..a Agenda Item No. 16818 December 14, 2004 Page 1 of 11 ,'-'" ! EXECUTIVE SUMMARY Recommendation to approve Contract Amendment No. 03-3473-A01 with HDR Engineering, Inc. _ "Consultant Services for Preparation of a Land Development Overlay for BayshorelGateway Triangle Community Redevelopment Area (CRA) District" to include civil engineering design services in the amount of $156,071.40 for the Gateway Triangle Drainage Improvement Project, Project Number 518032. OBJECTIVE: To receive Board approval of Contract Amendment No. 03-3473-AOl to add civil engineering design services to the "Consultant Services for Preparation of a Land Development Overlay for BayshorelGateway Triangle Community Redevelopment Area (CRA) District" contract with HDR Engineering, Inc., for the Gateway Triangle Drainage Improvement Project, Project Number 518032. CONSIDERATIONS: The Gateway Triangle is an area bordered by US 41 to the west and south, Davis Boulevard to the north and Airport Road to the east connecting both to Davis Boulevard and US 41 in a triangular shape (See Exhibit "A"). It is an area that is almost fully developed and includes a mix of residential, commercial and light industrial use properties. ,-- t During the BCC Budget Workshop on June 26, 2003, the Board of County Commissioners stated their support to continue to move forward with the Gateway Triangle Stormwater project undertaken by Stormwater Management approximately four years ago. This project is being designed to take steps to correct the serious flooding and drainage problems within this portion of the East Naples area. The Board was advised that the money County Staff was appropriating in the Fiscal Year 2003 Forecast and the money the Commissioners were appropriating in the Fiscal Year 2004 budget were for land acquisition (pond siting) and re-engineering design. On November 18, 2003 the Board of County Commissioners approved the purchase of an additional 2.11 acres of land to add to the 2.50 acres of County owned land in the Gateway Triangle area. On December 16, 2003 the Board of County Commissioners approved Contract No. 03-3473 with HDR Engineering, Inc. to complete "Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District. " The proposed contract amendment will add consultant services to this current existing contract providing the County with a new drainage design, construction plans, specifications and permits to improve surface drainage and provide storm water treatment in accordance with South Florida Water Management District, FDEP NPDES, USACE, County and FDOT regulations for the Gateway Triangle Area. r I The previously completed stormwater system design for the Gateway Triangle Area provided an inadequate level of service due to an insufficient amount of available land for stormwater retention. Today, with approximately twice the amount of land now purchased by Collier County, design of a drainage system providing a much higher level of service can be completed with anticipated construction to begin in the fall of 2005. ,,--. Executive Summary Gateway Triangle Stormwater Improvement Project Page 2 of2 Agenda Item No. 16B18 December 14, 2004 Page 2 of 11 FISCAL IMPACT: Original Agreement (Contract No. 03-3473) Amount Amendment No.1 (A01) Total Amended Agreement Amount $ 337,466.00 $ 156.071.40 $ 493,537.40 Funds in the amount of$156,071.40 are available within the Stonnwater Management CIP Fund, Fund 301. Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMP ACT: The Gateway Triangle Drainage Improvement Project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan for Collier County Stonnwater Management. RECOMMENDATION: That the Board of County Commissioners approve Contract Amendment No. 03-3473-AOl with HDR Engineering, Inc. - "Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District" to include civil engineering design services in the amount of $156,071.40 for the Gateway Triangle Drainage Improvement Project, Project Number 518032, and authorize the Chainnan to sign the amendment for the Board. ,,--. Executive Summary prepared by Jerry Kurtz, P.E., Principle Project Manager, Stormwater Management Depamnent. ".-- Agenda Item No. 16618 Decerr,ber '14 2004 Pagf~ 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS item Number Item Summary 16B'18 Recommendation to approve Contr...ct Am~ndment No 03-34 73-AD1 with HDR Engineering. Inc:. _ ~Consuil"!"It Servk.r::s 10r PreparaliOf'l of a Land Development Overlay fur 8!.1Y5holf;,Gat~wa~ Triangle CommunIty RE:developrnent Are.a (CRA) OistridM to mclude civil angineering de~,ign ~ervi(".e5 in the flmo\ml of $1 56,071.40 for t11~ GatewßY TrilHlgte Drainage Irnpmvement F'mlf.:Gt, project Ntlll1r,p.r 51 B032 Meeting Date 12114!2004 9:00'_00 ,o..M O;1te Prepared By 11/30/2004 2:1"1:,30 No/. üf:r<il(i Kurt:! Senior Engineer Trafl8portion SL'!rviçl!1!i Road Main1ðl"lanc;r:- Stötmwllter Approved By D¡¡¡.te Ger.1hi "ult! $unior EngiM:cT lral1'1iþQrtiQI1 S.~rv¡I:Cif; Ro; ¡j M~int""tHm(;e· Sto!mwater 11t30f2U04 2:36 PM Approved By O¿Jt~ Linda Jacks.Dn Contrõlcts Agent Adm¡ni$1r.,t¡V~ Servicc$ Purchl'l!S.il1g '11/3012004 3:42 PM Approyed By Date R;cardo VRi()rs: Director Transportì(Jo Sp.tviç(\-S Road Mainlenarl!;r.iSlormwatl1'l 111:'\0120044:36 PM Approved By Dale'! Steve Carn!!!! Purch¡¡mingIGp.-fler:a1 511(;5 Oirp.r.tM Admini5trB1h/Ð Service¡; Purd1B5ing 12f1/2U04 ~:"5 AM Approved By Date Soh,non Newnt;,!II\ Acc.ounting Supervisor lransp'Hlton f'¡f'¡rvir.m:; lm"spQi"lation Adminif.-trðtiot1 12/2/2-004 4:39 PM Approved By O.,tP. No.n! E. Fp.der, AICP rr;¡ns;pðrliltion Oivisìor\ AdrwnÜI.!raH)f flal\$I)Ortlon Service!> Tunll JOI1.3ItiCf) âervic.t!&. Admin. 12/312004 6:50 At/, Approved By Date Pat Ler.nha.d Executive Secretary Transportation Ser"it";e5- Tran&portaHon ServicÐ:'> Admin U/3/2 )()4 1~34 PM Approved By OMB Coordinator Admh1i¡;tr.lrtì...(\ A~' :;ist..n1 DatE'¡ County Manuger'.s Oftio:;~ OHi<::é of M;f;U¡¡gen,el"lt & Budget 12/3/2D04 4:25 PM Approved By Oute SU!:;U! Ushel Sel~i<H Managemp-ntIBlJtJ!Jl.>t An<llyut County Managel's Office Office ot Management & Budget 12/612004 1 :00 PM Approved By Date Michae! SmykO'o'<"ôõki Management 8. BUdget Oirec1Qf Counly Man.agm's; Offic(? OWC(! of Ma1"lagem(!n1 &. Bud¡¡1rt 121GI?004 4:05 PM Approved By D.a.ir: Jam~a V. Mudd Coun1y Ma/'lilgcr So.ud of County ConHnissicners 12f812004 6:55 AM County M:muger'.s QH1(;i!: 5 ~ '>; -. HOLfDAY lli ~ a: ~ 0 ~ ~ " '" HARBOR iN .. ~ ¡::¡ a: ~ " OJ ... '" U¡ i SUNSET LN Æ DA VIS BL ::MACE,wE ~ --------- ~~"'~,"',.~'..--R ë( R..QR£NCEC:T ~ ...., ~ f(rRKWDOD AVE wa.D PiNES tN I " a: : "'- ~ "'- ~ i'NWOOO,AV'£!', ; :;; "'- 8 FRANcrs AVE i ! ~ <"" i~"~ ~~"u ¡ ". Œ "",-:;; ,~o ~ ~ '-'J: ~ 6 ~ ~ <..!J : "",- ... ... ¡¡¡ '~ : ~ ~ ~æ l j : '~ JACKSON A YE '4f,,~ ~ I ::> : ~ ~, LOIS AilE t:;:it I 0... v G'ROUPERDR ,..>.~ !,, J I ..... : ~ ~~ 9 ~ '~ I 'ffi' ~ U i ¡ <" K' í i ~ _ ~ WEgSAVEj. ",,' ~ Ii ''''''M < i ""0"" ~ ~ !t' "'- jl _______ ______ _____¡n~__~ ___:__ ~~"---'----""';----''''--''''---'--'--''''-''''----'''''''- ---..- - COL.iEEfT I , I I I I <~ ~ Agenda Item No. 16818 December 14, 2004 Page 4 of 11 Exhibit "A" Gateway Triangle Drainage Improvement Project Project Number 518032 ('(ILL lEft COtTNTY B')ARD OF COITNTI" CO~ThIISS1(>NERS PROJECT No 518032 GA TE\VA Y TRL\.NGLE IMPROYEMENTS PROJECT LOCATION 1\L-\P ESTEY AVE CENTRAL D 1 -. -- -. COJJN¡;CTiCUT AVE· PROP OSED BY: COLL IER COUNTY BOARD Of COUNTY C'OMMISSI ONERS ROAD l<iIAINTEHANCE DEPAR 1MEHT STORJvl\.'lATER MANAGEMENT SECTION JKJRSESHOESQUAR!:. SU!TI; No 214,26'<J5S0U11!HORSESHOEDRIV!: NAPLES !1.0RIDA ~ lO4 3 732-2501 ~~ $~ ~ 1,:500 PROJECT MÞ.tJAGER GERAlJ) N. KURTZ DÄ TE ,A,UGUST 2004 FeQ1 Agenda Item No. 16818 December 14,2004 Page 5 of 11 EXHIBIT A-I Contract Amendment # 03-3473-Al "Consultant Services for Preparation of a Land DeveloplIlent Ovetlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District" This amendment, dated this _ day of 2004, to the referenced agreement shall be by and between the parties to the original Agreement,HDR Engineering, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract #03-3473 "Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle COlIlmunity Redevelopment Area (CRA) DistrictJ' In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the abovereferenced Contract as per the Supplemental Authorization Exhibìt "AI-A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through December 16,2006. The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in the amount of one hundred fifty-six thousand seveutv-one and 40/100 dollars ($156.071.40) as per Exbibit "At-A". All other tenns and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT :)fJ:+i HDR 'nee n Inc. . ;. 1. if <.L·~· '. .... ....~ By. t.L'f '- ¡ tcuA,'}', ¡ Dated: ! f I /-1 I n ¿i-- i- " ~ - ~ Hal Lewis Sr. V ice President )./(lve~ 17 :l.tJOlf- CORPOltATESEAi By: Title: Dated: ATTEST: OWNER: ~r_-=- Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Donna Fiala, Chairman Deputy Clerk Approved as to form and Legal sufficiency: "\~. flJ~'/ Assis~nt Cmmty Attorney Agenda Item No. 16818 December 14, 2004 Page 6 of 11 Exhibit AI-A SCOPE OF SERVICES GATEWAY TRIANGLE DRAINAGE IMPROVEMENTS Phase I Revised November 15, 2004 The consultant shall provide drainage design, construction plans, specifications and pennit submittals to improve surface drainage and provide stonn water treatment in accordance with South Florida Water Management District, FDEP NPDES, USACE, County and FDOT regulations. The project site is located in Naples Florida in the triangular area generally bounded by Davis Boulevard, (SR 84) to the north, Tamiami Trail (US 41) to the south and Airport-PulJing Road to the east. This area is know as the Gateway Triangle and is currently undergoing redevelopment. The consultant is made aware that the county has purchased some land for future stonn water runoff storage to improve flood protection. These services may include (but are not limited to )geotechnical investigations, topographic survey, wetland jurisdictional detenninations, utility coordination, public involvemèht, agency coordination, drainage improvement plans, retention pond plans, specifications preparation and environmentalpennits: Project schedule and sequence is outlined below: No work shall be perfonned until a written authorization (Notice to proceed) for this project is received. His anticipated that the plans wi ] be complete and permits submitted to the jurisdictional agencies within eight months ofNTP. Kickoff meeting within two weeks after NTP Date gather and review within two weeks Initial field review within the first three weeks Drainage design rrom the first week until the 20th week Agency field review. Initial review within eight weeks after NTP Project review with County. Initial review with staff nine weeks after NTP Public Involvement Meeting No. J within 15 weeks of NTP Plans production rrom the third week until the 23rd week Agenda Item No. 16818 December 14, 2004 Page 7 of 11 Utility coordination from the second week until final plans Public Involvement Meeting No.2 within 20 weeks ofNTP County plans review 3 weeks after 100% submittal Address County comments 1 week Final Plans Submittal 24 weeks after NTP Public Involvement Meeting No.3 Within 32 weeks of NTP Permit Prep and Processing (estimated only) from the second week until 36 weeks after final plans submittal Permits submitted to jurisdictional agencies within seven months from Receipt of written Notice to Proceed Phase I duration shall not exceed ten months from the date or authorization. Deliverables include: Drainage Improvement Plans and Specifications, Pond Plans and Specifications, Engineers' Estimate of Probable Construction Cost, design documentation~ Public Involvement document¡ltion, -Meeting Minutes and permits applications. At the "- - County's option, storm water pump station design, plans and specifications will be provided. Not included in this scope or- fee proposal: hazardous material investigations, threatened or endangered species investigations, permit fees or construction inspection/contract administration. Prepared by: Will Ste I,//(}Iol ( ( Agenda !tem No. 16818 December 14, 2004 Page 8 of 11 Exhibit AI-A FEE SUMMARY Gateway Triangle DrainagelRoadway Plans and Permitting Phase 1 (pond/Outfall) & Pump Station Option Revised 11/29/04 ACTIVITY SrPM Proi Prin RATE/ HR. $133 $138 1. Drainage design 6 12 2. Plans production 16 32 3. Utility coordination 8 4 4. Permitting 16 8 5. Public Involvement 32 8 Sr. Traffic Plan Admin 5135 S83 $57 140 48 2 56 360 8 16 20 4 64 16 16 24 4 TOTAL HOURS TOTAL LABOR FEE 78 10.374 64 8..832 300 40.500 444 34 36.852 1.938 TOTAL LUMP SUM LABOR (920 mh) $ 98.496 EXPENSES: (LIMITING AMOUNT) Sub-consultants 1. Survey (Aim) Est. 2, 5 ac ponds, 500' outfall and Misc.) 1650/day x 6 = $9,900 Vacuum excavation est. 10 @ $300.00 $3,000 2. Geotech (Universal) (10 ac pond borings, 500' outfall & report) = $4,958 Transportation Air (7 trips x 2 x 150 airfare = $2,100) Rental (7 x 65 = $455) Per deim (50/day x2x7 = $700) Preparation, Reproduction (320 x .17 = 54.40 + 200 x .09 =18.00 = 72.40) Postage/telephone ($ N/A) Misc. Out of Pocket ($210) TOTALS Limitine: Amt. Subs. $17.858 Exp.3.537.40 TOTAL TOTAL Phase 1 Base Phase 1 with Pump Station Option $119.891.40 $156.071.40 Agenda Item No. 16818 December 14, 2004 Page 9 of 11 PUMP STATION OPTION Landscape Project Sr. PM Architect Princl Ie Planner Admin TOTALS Planting Design NA Irrigation Design NA Hardscape Design NA 24 128 120 12 24 0 128 120 12 284 Labor Rate $ 133.00 $ 85.00 $ 138.00 $ 83.00 $ 57.00 Labor Fee $ 3,192.00 $ $17,664.00 $ 9,960.00 $ 684.00 $ 31,500.00 Travel 3 Trips 2 Persons $ 3,600.00 Repoduction/Exhibits $ 900.00 Misc. out of Pocket $ 180.00 Total Fee (Pump Option) $ 36,180.00 Agenda Item No. 16818 Decennber14, 2004 Page 10 of 11 November 15,2004 Mr. Gerald N. Kurtz, P.E. Collier County Transportation Services Division 2685 South Horseshoe Drive, Suite 212 Naples, Florida 34104 SUBJECT: Gateway Triangle Drainage Improvement Amendment Dear Jerry: HDR Engineering, Inc. is pleased to provide drainage design and pennitting services for the Gateway Triangle Redevelopment Area. We respectfully request that our existing contract be amended to include the subject Scope and Fee proposal. I have revised the attached Scope and Fee Proposal as we discussed Please review the attachment and let me know if you have any questions or comments. Sincerely, Will Stewart, P. E. Project Manager Attachment Cc: Joe Ehardt, Tom Adkins HDR File HDR Engineering, Inc. 200 W Forsyth Street Suite 800 Jacksonville. FL 32202-4321 Phone 19041 598-8900 Fax (904) 598-8988 www.hdrinc.com Agenda Item No. 16618 Decernber14,2004 Page 11 of 11 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Consultant Services for Preparation of a Land Development Overlav for BavshorelGatewav Trianale Community Redevelopment Area (CRA) District PROJECT #: BID/RFP #: 03-3473 MOD #: 1 PO #: NlA Work Order #: NlA CONTRACT AMOUNT: ORIGINAL $337.466.00 CURRENT $493.537.40 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $337 .466.00 (LAST TOTAL AMY. REQUIRINGBCC APPROVAL) AMOUNT OF THIS CHANGE $156.071.40 Date of Last BCC Approval 12116/03 Agenda Item # 16.A.10 Cumulative Dollar Value of Change Orders to this Contract/Work Order: $156.071.40 Percentage of the change over/under current contract amount ~Ø/o CURRENT COMPLETION DATE (S):ORIGINAL: 12/16/05 CURRENT: 12/16/06 SUMMARY OF PROPOSED CHANGE (S): The proposed contract amendment will add consultant services to provide drainaoe desion. drainage system construction plans. specifications and permit submittals to improve surlace drainaoe within the Gatewav Trianale area and provide storm water treatment in accordance with South Florida Water Manaoement District. FDEP NPDES. USACE. County and FOOT reaulations. JUSTIFICATION FOR CHANGE (S): The previouslv completed stormwater svstem desion for the Gatewav Tríanole area provided an inadeouate level of service due to an insufficient amount of available land for water retention. Subseouentlv. a sionificant amount of additional land has been purchased allowina for desion and construction of a sYstem that will provide an acceptable level of service. These aditional desian services will also include evaluation of current drainaae outlets which may also reauire improvement to increase capacity. PARTIES CONTACTED REGARDING THE CHANGE: Stormwater Manaaement Department Director. Gatewav Trianole Community Redevelopment Area (CRA) Executive Director, and the CRA Advisorv Board. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or WA) {8Iproposed change is consistent with the soope of the existing agreement {8IProposed change is in fact an addition or deletion to the existing scope [gIChange is being implemented in a manner consistent with the existing agreement [gIThe appropriate parties have been consulted regarding the change [gIProposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: ~ t¡. ~ DISAPPROVE: Date: Date: It ~q/c> 4- COMMENTS: Revised 9/14104 Agenda Item No. 16C1 December 14, 2004 Page 1 of 4 ~ EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessment. ,,--. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22,1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,,-.... AuenrJa \lem No 1ÜC1 D~....ember 14_ 200.1 Page:: IJf 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16G1 R~I~:ml~1't~qlj:)UCln t.n ¡¡{jopl éI R~$Q¡u~iot1lü a~'rIlOVp. tr:f.' SélÙHf;u;hotl ()f U~n IN;¡¡ .sOil:! Wm;l~ r~;;H'entlíl; :)!:(;ounl wt]~n!lr1 thp. c();.¡ntj-' tlan r~q;t!iVf!'¡j !)ilVi'I'If.'·l't and ¡¡¡lid Utm ~> ~;;¡¡h5tie·j II" 1\JII foe t<lt: 1':19<1 ,:iQi¡d W..ste Coliection t~rìd DI5pOf>ai Saf\lir.f'ß SpE<clal A5iie.S1f.men: Fitï.cal impar..-¡ is $20,00 tC' reÇ.Nd the Sa¡,sfaction Df L!ef! Meeting Date 12.114!2004 B GO DO AM DatI!! Prepared By ;1!131201lA 9:A3:15 AM PamCalli¡; Re\l(! "IIJI! Supr:t\f!$ot ~...biic UtHiti1?!'o URC!\. Approved By ThOIJM:Iõ Wld(~$ Op<1raliOf'i$ Oircçlor OnW PubUc Utilities f'ub!u.; Utllltlu Opoer3ttor-, 1;119;12004 3:GO PM Approved By Jolm A Yonlio.';.ky l!ti1ily ßiW"g Dirt1ctm Da.tl!: PUblic;: Utillllt!s. uaç5 ; 1/19Jloa4 3:54 PM Approved By l'f'_reS8 Rle'!ò!!1l ReVI:!IH.lf'M¡ma.ger Dltte Public UtHitief> UBCS 11;22120047:16 AM Approved By Pam CBUli Revenue Supervi3,or Oat. PubliG lItÎlHIf':s UBCS ; i 12~/20nA 11 :.41 AM Approved B~' .J.¡lm~s W, OeLol'tY Public UtlHtil!$o Adrnlnlstr.utof D; le f'~lbljG lJtilitlF.'\ó Puhlic: U1!Iiti4\':ò Adlnin!slriltion 1:2i1Ilu04 2:!J'T PM Approved By QMB Coordinator AIJll1h11s.lrahve As.!lilitant DatI! Counly Manager':.; I)ffict\ Offlr.r. (:If M,1na.gCln1oen1 <'I. O....dQat 1UU;t00.4 ;O:U3AM Approved B)' Randy Grr.4'nw;lld Manólgcmoef1lmudg~t ÄIIU!'j'!.1 Date County Manag't'r'r. Ofiif~~ Office cor Manl'lgen¡ent & Bud<;tet 17!3/2D04 8:16 AM Approved By Micl1ae! 5mykoW.'5ki Management &. Bud~P.J1 Director Date county Manager's Offi(;oe Off\CIe: of Manauemerlt" Budget 1l1U20041:10 PM Approved By .lame\< V, Mudd COUnEV Manager Date Board of GDIII1ty c-omm!s'5.ioner3. 121312UQ4 3:46 PM COUI'lt)f ManaQ~r"s. Offic.e This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail NapJes, Florida 34112 (941) 774-8400 Property Folio No: 26830240001 Agenda Item No. 16C1 December 14, 2004 Page 3 of 4 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Platt et ai, G H % Janice Easterly 890 Lavada Rd G raceville FL 324400000 The Lien was· recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents (104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COL LEE CO GARDENS LOT 9 OR 659 PG 1546 Folio No. Project No. Account No. 26830240001 64000 4938 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 this Satisfaction of Lien, by action of the Board 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 I~.ufficiency __. l.."--,,) ./ .,........~--- -.15'::'" '- ... A A~2A~ARY RESOLUTION NO. 2004-_ Agenda Item NO.1 C1 December 14, 04 Page 4 f 4 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 4938 This Resolution adopted this _day of second and majority vote. , 2004, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and leg~~ffu;;iency: ..~.''''''~' . ,~';.)- C' ._ ./~~Þ-"<"'~""······ I) f (:.. ) lA' -f'David C. Weigel County Attorney -.-.-- Agenda Item No. 16C2 December 14, 2004 Page 1 of 4 ,- EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied In full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1,2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste ,_ Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1995 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ~ . --"-,,,--,,,,~,,,,,,,,,,,"',""""'"'' ..'~..^ Agenda lteJ'!1 No 16C2 Df'.(',embf.~f 14. 2U04 Page 2 or 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item summary 16C2 Re.Gornmend"tic'll to adept n R~$()!1.~\i()n !(, .ap¡:>IC)VP. the S<Jtit¡fucÜon of Li~n ;(¡r r) Solid Wastt' !e:>H ~ntlili ,u:(:o1.!tll ÿt.'\I!:I'P.tfl the Cminiy ha¡¡ '~Geiv~r pDym~nt am' iUI;d I.'ftr' !1i' ~.allsned in full lor the ,g95 t;úHd W~ste Collectic,n and Dl5po6a! Sef'Jic~" Spf:dalA,'>5e5~mf:nl. ¡:'5cai impac'. is $20.00 tc ·ec.ûtd the Sat:sfaction of Licn Meeting Date 12:14!2DII4 HonOO AM Oat!!: Prepared By P,UII{':;¡!Ii!; R~v(!f'\IU! 5u peNi' ;or 11/1U2004 9:~2:29 AM Pub h:; uuntlei. UBes Approved B,.· TtH>m;J$Wldcs. Opel;¡Üuns. Dìu'!~I(lr Date Public Uti1ities. Public Utilities operation" 11/19/2004 3:00 PM AplJrOved By ffHl!50a RIMer! R~\I~nIH! Mar1!1Qer Qall!l PubUc Utl1l1lf:s uscs 11J22J2D047:1~AM Approved By ~tohn A. Yonkor.ky UtilIty Billinç¡ Direc1ct \Jlltl!' Public UUUtiu uses 11£22/2\1049:02 AM Approved B,.· Pam C..Uir. R~\'~noe Supervisol Oa1e Pub!lc Utlliliu UfoIl:S 111221200. '11 :42: AM Approved By Jam.~ W. Oel-ollY Public UtlHlie:¡, Adrn¡II¡~¡tr¡¡tur D;lI~ Public llIlIiti!!'5 f'\lb ic UU jt¡~1i Admlnl.·mutlon 1:í!i1/Z004 2:UR PM Approved By OMB Coo.di,...;llðr Adl1"linlslralì\leAstllti-ti:ll'lt D.¡Jt~ county Managt!-r'!I 01'fic~ Offl'Ct!' of fti!¡¡nanentent & 8udQt!t 12!2/200410:05 A.ÞI. Apl)roved By Randy Gtcell.....ðlld Mana crnetll/ßud9CI Þ..lml'l$1 D,)I(' County Manllgl!r'50 Offl<:e Office 01 Man1lget!\ent & aUdç¡et 12/3/2.0048:20 AM Approved By Midl.te.15mykowsld Man.aQf!'mcnt & 8l}d\'l~1 Olrf!'c:tof D..tc County fhl1ager"5 ornce ornee of M.an8gement & ßIJdget 121J/20M 1:11 f'M Approved 8)' JQInI!'IôV, foAl/dd County M.magcr Oat,", Boar" 01 COli"ty Commis'$joner~ County "''''"J.Qer's Oniçft 12fJ/2D04 3:.5" PM ^...------~- This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Agenda Item No. 1 C2 December 14, 04 Page 3 f 4 Property Folio No. 26830240001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Platt et ai, G H % Janice Easterly 890 Lavada Rd Graceville FL 324404764 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties. if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COL-lEE-CO GARDENS lOT 9 OR 659 PG 1546 Folio No. Project No. Account No. 26830240001 65000 5474 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 this Satisfaction of Lien, by action of the Board 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 ~·-^,--'7-~-"-:> " ".,.,.r"'-~-"""'.^ Ro¿;~r z:i~:::; Agenda Item No.1 C2 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR December 14, 2 04 CERrAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 Page 4 f 4 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS RESOLUTION NO. 2004- WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707., Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED . BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 5474 This Resolution adopted this _day of second and majority vote. '. 2004, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and legal s.':!Jf~Si!?!1ç:y: __'~;/' (/ """ø'- // / c.'--" ,,¿If ROBERT ZAciiERY Agenda Item No. 16C3 Decernber14,2004 Page 1 of 5 .~ EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8,2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8,2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, ~ Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,,-... Agenda Hf;!m No. 16C3 Dt=:¡;ðIT10er 14, 200.4 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMiSSIONERS Item Number Item Summary 16C:~ I'::t!!~omn'e';d"t¡ör. to ad(¡pI ,;I ResGhJt,\cn \Q appfOV~ ¡he: S.¡¡ti[it;1dmn:¡ 01 Lien fOI ~:'¡)Iid W;l~;:~ !p'~;'II't!nt'a: at:cDlln!$;i wI'erdn 1.P1t! COl;tlt'1 ~HI:; ret;,;,!ved paY'!1P'i'l1 and Ii..id Uf.:m. ;lTI~ !i¡¡tit>1Iet~ in lull for the 19ÐE SOlid Wa€ote Coi¡"~1.¡"n ,JI"td Di~pot'ðl ServH~efi, E~pp.clai Af>s~r,srnel)!s Físr:;iil impac'. is $30 00 to record tM Salisfactlons Qf Lier, Meeting Date 121141.2004 ~U)QDO AM D¡¡t~ Prepared By Pam Ci~Ui~ Ri!!....(!nue Silpervh,ot 11/11112004 '10:21: Hi AM Public Utilitil!'s. UOCB Approved By Thomas. Wid~s. ()p~ta.lionS. ['Ji't!clor om, Pub-he Utilities Pubtic Utillü(!s apelottlon'i ;1/19/200" 2:58 PM Approved By John A Yonkç¡sky Utilitv Bil1lnt¡1 Dirnc.t.or Dato:: Public UtilitIes UBCf¡ ~ 112212DOI 9:D3 AM Approved B)' .~aß\ talH!:; Revenue Supervi50r Date PutJlic UtUJtielt uses i11221200<l11:13 AM Approved By James. w. DeLon~' Public Utilities Adn,inis.trQtaf Date PubUt, Util¡I¡~.'Ç P1Jblh;. UUHli(!s Admi"i~;t,¡¡tlOtI 1('.f1/200"" :Lo.S PM Approved By lme~i!I Rie$!:1n Revtmue Mò!IIH9ltt Dal~ Pub1lc IHmti~!ó um:s 12/1/7.1)042:20 PM Appro\'ed By OMB Cclt!Jdirultor Admlni:s.tr;ll1ve AS':I!¡;t.ant Date COltnty M.lnJII!JIIr'!I Office am'Cc c.f Managenlent a. 8udget 1212(J00.411):1" AM Approved By R"ody Greenwald Managf!r1lenUBBlJgel A,n¡;l1ys.1 Pate County Manager's. Office Office of Management & Budget 1213'2004 8:204 AM Appro\'cd By WHc.hé1t': sm)l¡':ow:a.ki Manilge-mcnt II. Budç ~1 Oirl!:r.tof D.,le CD1Jnty M>1I\¡jger's Oft!¡;e omce of Management.. Budget t213/20M 1:11 PM Appro'\'ed By James. V Mudd t:ounty Manager Dillte 80ard Dr County Commls'iiooE'fS County ManaQer's. Offi~f! 12!3/2G04 3:5"7 PM This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Agenda Item No. 16C3 December 14, 2004 Page 3 of 5 Property Folio No. 22623800005 SATISFACTION OF LIEN KNOW All MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Galvan, Si/verio=& Margarita 3069 Karen Dr Naples, FL 341127362 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: AVALON EST UNIT 1 BLK 5 LOT 14 OR 1987 PG 1015 Folio No. Project No. Account No. 22623800005 66000 4255 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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. this Satisfaction of Lien, by action of the Board 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 --:-:r-;;7 /.-~---? 1<" l.__) /--1 ROBEÀT'zACHARY This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Agenda Item No. 16C3 December 14, 2004 Page 4 of 5 Property Folio No. 26830240001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Platt et ai, GH % Janice Easterly 890 Lavada RD Graceville FL 324404764 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, In the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COL-LEE-CO GARDENS LOT 9 OR 659 PG 1546 Folio No. Project No. Account No. 26830240001 66000 5717 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 this Satisfaction of Lien, by action of the Board this _ day of ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency .......--:r.-"""".....-.:;;/ , .........~...".~-'-~.-") . J~ c./'/r ROBERT ZA~;<ARY RESOLUTION NO. 2004- Agenda Item No. 16C3 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR December 14,2004 CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 Page 5 of 5 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 4255 5717 This Reso]ution adopted after this _day of majority vote. . 2004 after motion, second and ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and leg~~~~ ------ì r'o .~ /"1-' , ----.... ') t.J'"DAVID C WEI9-fž(,vCOUNTY ATTORNEY Agenda Item No. 16C4 December 14, 2004 Page 1 of 5 ,.-.. EXECUTIVE SUMMARY Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $20.00 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfactions of Claim of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Liens in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" ,.-.. Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfactions of Claim of Lien. FISCAL IMPACT: Payment in full for these Claim of Liens increases the cash flow in the County's Sewer Impact fee Fund (413) by $2,680.00. The fiscal impact for recording these Satisfactions of Claim of Lien is approximately $20.00, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Claim of Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,'-" ___,,,,,,...,'''''N,¡N·,,,·,,.,..·-· Agenda Hem Nø. 16C4 Decemb~r 14. 2004 Page 2 Qf 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16C4 ReCCHTI!Tler.datIC'1 to aopfovC the Satlstat:hc.m:. 01 Nollç.e of Claim 01 Lief'!. for Sanitary S~WCI Svs¡¡:,m :mpact Fe.? F's.c¡¡i impðct is $.20,00 to r~ccrd the satisfa::~¡onf. of Lian Meeting Date 12114i'2004 80000 A,M Date Prepared By 11/1\1fJ.0041 ;20:\,13 PM PGm CÐllis Rt1'ven~l~ supcrvkJt'lr PUblic UtIlities uses Approved By Thomas Wi<les Opf:rution~ Dîre'ctnl Date Public Utilities. Public Utllitle¡; Ope,atloos 11119/Z0Q.i, 2:59 ~'M Approved By Terfl$<1 R¡ef>~n RC·,'f'IHle M<1nil!1~r Oato P\lbhc Utilities UBCS \11221200" 1:11 AM Approved By John A. YOtlliosky IJtlHtv BIUi"ç Dircctol Date Public LJtmHr.~ unes 111?2/:!OO4'i1:0S AfJ. Approved B)' Pal!! Calf ~ Re<venue SU~lVi'lil)t Date- Publh: tJliUtI~~ lJBr.S 11122IZ0Q.4 11:4f> ANI Approved By Jalnt!s W. Delany Public Utllltle!l Admh,h.traIQr D¡¡tl! Public:. Utilitit:s Pvbtic UtWUcos Admìnl"tfatlon 1 ~11120U4 :;1::09 ~\M Approved By OMß COQfdlnator Adru\ni ;trô\tlve ÄH.'Si,.¡,lant Date County ManaQf!(~ Offiç,(!' ottict' of Manag£'ment & Budget 12/2/200410:16 AM Approvçd By Su ~i1n lJ:ih I!!f s,enio, Mar1a!1cmwIlBtld~et Mal,!st Oatr. County Manager'lt Office Office uf Management &.. Budgct lliJ;200<4 3:15 PM Appro'Ved By Michael !:)n,Vkowskl Milnlllgðm~nI8, 8udgr.t Dirf:c!or DiMe Co\.ml}.' Manager'.$. Office Office af ManagunlC!l'It 8. Budy¡¡,t 121'612004 !:1J AM Approved B)' James V. Mudd C:otmtf Mi\naget D.,te Boald (If CöUrolY Commiuionlf:u 1 :!ffif2G04 6:25 PM County tw1¡m.ager"!I 01l'ìçe - -.--,.---...--- Agenda Item No. 16C4 Decennber14, 2004 Page 3 of 5 EXHIBIT "A" 1. Hazel Beals, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. Folio #50865006985. 2. Orlando Sanchez and Rita R Sanchez, husband and wife, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. Folio #62101320009. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Aorida 34112 (941) 774-8400 Agenda Item No. 16C4 Decenlber14,2004 Page 4 of 5 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SY$TEMIMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTYWATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: HAZEL BEALS 2223 REBECCA AVE HATFIELD, PA 19440 The Lien was recorded on 14TH day of November 1994, in Official Record Book 2002, Page(s) 0343, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT #350, OF HITCHING POST MOBILE HOME PARK, A COOPERATIVE, ACCORDING TO EXHIBIT "B" (PLOT PLAN) OF THE MASTER FORM PROPRIETARY LEASE RECORDED IN OFFICIAL RECORDS BOOK 1581, PAGES 1728 THROUGH 1755, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1589, PAGE 771 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 50865006985 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and Lega~MY: _" /.-.c( /' .A'~/ ( S //V ROBERT ZAe"HÃRY ASSISTANT COUNTY ATTORNEY DONNA FIALA, CHAIRMAN ,. ._---~._' This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 EastTamiami Trail Naples, Florida 34112 (941) 774-8400 Agenda Item No. 16C4 Decernber14,2004 Page 5 of 5 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: ORLANDO SANCHEZ AND RITA R. SANCHEZ, HUSBAND AND WIFE 5409 MARTIN ST NAPLES, FL 33962 The Lien was recorded on 17TH day of November 1994, in Official Record Book 2003, Page(s) 0876, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 34, BLOCK 12, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGE 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1635, PAGE 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62101320009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and Legal sufficiency: ----,--/" _é'--? _. ;r-"r ( ..." I~ ') //! ROBERT ~éÁARY ASSISTANT COUNTY ATTORNEY DONNA FIALA, CHAIRMAN Agenda Item No, 16C5 Decernber14,2004 Page 1 of 5 .,"-" EXECUTIVE SUMMARY Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $20.00 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment, and executes Satisfactions for the Agreement To Extend Installment Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: ".-.. SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water impact fee (Fund 411) by $0.00 and sewer impact fee (Fund 413) by $3,216.98. The fiscal impact for recording the Satisfactions of Lien is approximately $20.00, which is to be charged to (Fund 408) the County Waterl Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,......- ....,..,.,...,...".."........,"'....., _._,---_.........,,,.,,,....,,."'- .. Agenda Ham ND 16C5 Deœmber 14, 2004- Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 11?C5 R~c¡)mf11er:d:Jt¡(ln to app!"o'l~, execute ,,¡rid re¡;(tl'd Satl...i;;lct¡')I~~; for (:ert¡j i!~ W<lter and/or s~wt::r ,mp,Kt ¡':et:: Pa~·mf.l"lt Aqrt!E',rnl!:l't!; F;!;I~'JI irl'lp¡~(:t h $1G.O(¡ b r~cul'd th€: S¡¡h¡f¡¡c;!ionn nfL-ier M..1ing Data 12,"4:2004 9:Qa 00 AM DatI! Prepared By P.lm Callis. Re\lnnoc $IJPf'rvi1<or 111191200" 1:25:32 PM Public Utilities ua<:s APllrovcd By TtH)ma30 Wides. OpE:!'tatjort.$ Director D~te Public UtUltif!s Pub!IC Utilities OP'J(¡ltlons t1i19f2U04 2:56 PM Approved BJ Terf's.a Rif:son Revenue M~n<1C1l!'t Date PuwJc UtlIHir.$ lIBC;S 1 t!2:U:!004 7:17 A~ Approved By John A. Yon~(J$ky Utility Billing Olrec:tOl Dalto Public UllUtirt:¡ UBCS 11122[200<11\:07 AM Approved B)' Pam Cam~ Re\'emie Supervi!!oor Date PlIbUc.lltllltir..5 UBCS 11/22/20014 11 :4!í M~ Approved By James W. UeLonv Pub¡¡~ UtlUtieio AdlT¡if\h>ttatl)! Dale PublIc Util1tje<¡. PublIc UtlhtiE"io Administration 12,1(2U042:09PM Approved By OMB (.:oordínatOJ Ad¡ninísU3tivf!' As¡;I..t.,nl Qatr. County Man¡¡ger·s Onii::e Omce of Management .. Budfiel 12(2/20U4 2:30 PM Approved By SUsan U:s.hcr S~olor Mn....19~m~ntlB\ldg( 1 AfllIlyst D.11e County MllnllQt!r's Office Oftl.ce of M.wage01ent & Budget 12.13120043:19 PM Approved By Mic.hael 5mY~OW5k¡ Manag~ment... Budget UirP.'Gtor t)at~ Cuunty M./Illi!gel'S¡ Ofl'ice Office of M:I )a9~me"t & Budget 1216/2004.1:15 PM Approved B~' Jan1e... V. Mudd County M:anl1ger Gate. Board of County Co!'nmls:oiollt!rs. County Manaljer's Offlct! 1216:2004 &:39 PM Agenda Item No. 16C5 December 14, 2004 Page 3 of 5 EXHIBIT" A" 1. Jeffery G. Fugere, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81622320006. 2. Rebecca Z. Wallace, formally known as Rebecca Mazzacchi, securing the principal balance of two thousand thirty six dollars and ninety-eight cents ($2,036.98). Folio #63500880000. Agenda Item No.1 C5 December 14, 04 Page 4 f 5 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trai1 Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXtEND PAYMENT OF WATER AND/OR SEWER SYSTEM JMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JEFFERY G. FUGERE Whose mailing address is 120 SUGARLOAF LN NAPES, FL. 34114 Bearing the date of the 9th day of December 1999, recorded in Official Record Book 2619 Page(s) 1932, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement Imposes a lien on the subject real property. The Uen secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT 58, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDEO IN O.R. BOOK 630, PAQE 1883 THROUGH 1932, INCLUSIVE, OF THE PUBLtC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 81622320006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hetàby acknowledges reoeipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Comer County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Uen, by action of the Board this _ day of , 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO rHE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISrRICT ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal SUfficlenc:~.nc :-... ~:;;:-"'~ / ...-------7 AOBjR~C~:~~ ,/v1; ASSISTANT COUNTY ATTORNEY DONNA FIALA, CHAIRMAN ,c-.:,:-,' ----.-.'^-- Prepared by; Robert Zachary Assistant County Attorney Office Df County Attorney 3301 East Tamiami Trail Naples, Aorida 34112 (941) 774-8400 Agenda Item No. 16C5 Decennber14,2004 Page 5 of 5 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: REBECCA Z. WALLACE, formally known as REBECCA MAZZACCHI Whose mailing address is 4000 14th STREET NORTH NAPLES, FL 33940 Bearing the date of the 3rd day of December 1996, recorded in Official Record Book 2256 Page(s) 0633, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Thirty Six Dollars and NInety Eight Cents ($2,036.98) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE NORTH 90 FEET OF LOTS 15 AND 16, BLOCK B, NAPLES VILlAS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 63500880000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdIvision of the State of Aorida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as 'Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of . 2004. A TrEST; DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNfNG BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNfNG BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiençy: ~~_--::> .--/ {' ~ C C:ooì ~A RO ERT ZACHMY DONNA FIALA. CHAIRMAN Agenda Item No. 16C6 December 14, 2004 Page 1 of 19 ,,- Executive Summary Recommendation to approve Work Order JEI-FT -05-01 to Johnson Engineering (JEI) in the Amount of $163,364 for engineering services for the design, construction plans and construction inspection of a Master Pump Station under Contract 01- 3290 _ Fixed Term Professional Engineering Services, Project 73079. OBJECTIVE: Approve a work order for engineering services for design and construction inspection of a Master Pump Station. CONSIDERATIONS: This Project is included in the 2003 Wastewater Master Plan Update adopted by the Board of Collier County Commissioners on May 25, 2004, under Item 10(A) and is consistent with the current FY 2005 Capital Improvement budget approved by the Board on September 23, 2004. Pursuant to the Board of County Commissioners' approval of the Heritage Bay PUD/DRI on July 29, 2003, Agenda Item g(C); Collier County Government bas accepted a dedicated area of 7.7 acres within the Heritage Bay PUD, which provides for the p1acement of a Master Pwnp Station in the dedicated area to serve the community. Once the 7.7 acres is platted and recorded, Real Estate Services will process the necessary Declaration of Easement for the Master Pump Station ~ In accordance with the procurement policy of Collier County, and under contract 01- 3290, Fixed Tenn Professional Engineering Services, dated September 10, 2002, work orders over $90,000.00 must be approved by the Board of County Commissioners. Staff requested a proposal from JEI to provide engineering services related to the design, permitting, and construction services to build this Wastewater Master Pump Station at the above site. Staff received a proposal of $163,364 for engineering services and found it fair and reasonable on the basis that this cost is inclusive of design and inspection service and is approximately 13.5% of the construction cost of a Master Pump Station. In current dollars, the construction cost to build a Master Pump Station in Collier County is estimated to be $1.2 Million. FISCAL IMPACT: Funds totaling $163,364 are available in project 73079 Master Pump Station at Heritage Bay. The source of funds is Sewer Impact Fees, Fund 413. GROWTH MANAGEMENT IMP ACT: This project will benefit the County and is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District: - 1. Approve work order JEI-FT-05-01 in the amount of$163,364 to JEI. 2. Authorize the Public Utilities Engineering Director to execute the necessary work order. Executive Summary Approve Work Order for JEI Page 2 Agenda Item No. 16C6 December 14, 2004 Page 2 of 19 Prepared by: Shanthi Sridhar, Project Manager, PUE» ..- .- Item Number Item Summary Meeting Date Agenda !lArTI No. 10C6 De(',emher 14, :?OO·~ Pag~30j 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1SCE:: Rt!¡;()mrn~r;,:bti(lI~ IQ a )pmv~ Walk Order ,IE!·FT·05·(;1 ~CJ .Joh!~~.~!t~ Err!~íl'l~ering (.IEI; if! the ,A.TT¡(>lJl\t 01 $ 163<!!$4 lor Enqlr!l:'efll1q S~r\'I{;~. 101 II)I~ Desi!ìn. (:!)w~tnjctlor¡ pi"IT;$ ¡)nd C<:;nstruc.1io'¡ f'1~pertìon ot" Maßt!'!r Pump St;;ctiúr: under (;t~ntr<'!ct Q,<!29ù - Fhc~d T'Õ!rm P'ofes6ional Engi!1t1ering Services, p~oJect 73070 12114/1l1{)4 9 D{J{](j At,,1 Prep.red By Pm¡It(:t MuniJUet 1j/1f¡12U:O. 4:2..:22 PM Shllndll Sridhiu P\lblicUlilitip.s, O;,te P'lblic UIII/tle,. En"jne1!'r n~ tlndll .Jacks-on Cootrð<: $ Agel'll Oatt! Approved B)' Adminls.trative Sefyice¡. P~ Chas.h"lg IH22¡200~ 11:16 AM Approved By WilHam D. Mullin, P'E. PUbl!t: UtlUth:!1. Principal PlOjc<:t N..t1ðg~t 01l1~ PUbltç U1Wties. EngiMt!riny 1112.4f2-0048:37 AM l~urchas¡n\1íGerJerlll ßvc'$ Director Date ApproVL-'d By Mr:-vt' Camel! Adrnjf'li$tmf ve Si!,vir:es. PUtchu.jny 11129/2004 10:46 AM Opel.tlon~ mrector Date Appro\'ed B~' 'Thomas Wldefo Public lItUiÜt!." PubHc llllll/i!!$ nflf!Jiltion!i 1112912004 "1:1)1 PM W; s.t~w.ter Director Dale Approved By .J(}$,~ph ß. Cheatham Publir: LJIUltlP.\i Was-IeWefer Treatment 1112\11l004 2:41 P'M PutlHc UtUltle¡o E.nglrt~lh¡g Director Qat\! AI)IJrovcd 0" Roy 6, Anderson, P.E. Publlr; mililia!> P\Jt)HC.lJtilWÐ'I. Englnr.e,inu 11.13ðI20o.1:1:1:&! PM Public lJtìlilh!$ Admjf!istrator Datf' Appro\'ed By .I«me!; W. DcL<on)' Public UtliiUes. Pub!1c Utilities Adminls.tration 12/1/2004 2:11 P'M Admlnistf.Jtivi!' A5shrnnt Dot, Appro\'ed 8y ONfJ Coo,ctín.1tor County M;Jnager's Office omell!: of M.1nagernent & Budøet 12/1121:0......:$1 N~ S1!'t1iot ManaÇ!ementlBudgct Analyst Date Approved By SUfia.n U1.i1r.r Counly Managt!r'~ OUict! crt¡Cft CJ' tl.arHlge1nent & Budg~ 12.13/21)043::29 PM ManaQemet1t & Budgl!llJlrE'ctor Dat~ Appro\'cd By Micllael amvkow~ki Cnunty M;anagr.¡'s I1Nkr. c)rnC1!' of Manag<!:lnlmt" Bw(luct 1216/200... ":2J! PM County Mêmag~r Date Approved By James V. Mudd Board o CQunty ComrnilO.$lollf!rs (;~unly M;UI;t!Jf~r'5 Of1i1;~ 1216120048:16 PM WORK ORDER 1# JEI-FT-05-01 Agreement for Fixed Term Professional Engineering Services Dated September 10, 2002 (Contract '01-3290) Agenda !tern No. 16C6 December 14, 2004 Page 4 of 19 I ThIs Work Order is for professional engineering services for work known as ~aster Pumo St~tI~n at H~ritaoe bav ,Raason for Pro e n To on;ir~ct a Wastewater Master Pumo Station as intended bv the Master Plan to accommodate the future orowth, The work is specified in the proposal dated November 18, 2004, which is allached hereto and made a part of this Work Order as Exhibit A, In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # JEI·FT-05-01 is assigned to Johnson Enaineerinc (JEll (Firm Name) Sçooe of Work: Engineering sarvices to Collier County Public Ulillties for the study, survey, design. permitting and construction of Wastawater Master Pump Station, Schedule of Work: JohnSon Engineering agrees to accomplish the following milestones in the timeline described below from the receipt of the Notice to Proceed authorizing to start work: Study work within 60 days. Survey and Design work within 160 days. 100% Design work within .-ll.2.- days. Construction services and Inspection 750 days, Comoensation: In accordance with Article Five of the Agreement. the County will compensate the Firm In accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material. so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of tha Agreement). SERVICES FEE FEE TYPE 10 Survey Phase $9,392 TIM 2.0 Desigr Phase $78.740 TIM 3.0 Permitting Assistance $29,592 TIM 4.0 Bidding Phase $3.144 TIM 5.0 Construction Observation services$32.064 TIM 6.0 Project Close -Qut Services $8,432 TIM 7.0 Reimbursable $2,000 TIM Total $163.364 (Not to Exceed) Any change within monetary euthorlty of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. SUBMITTED BY: ,L DATE;~_2LOq REVIEWED BY: _ DATE: WilliaJII D, Mullin. P.E., PrincipII} Project Manager Public Ulililics EngineerinG Department REVIEWED ßy:_---,--,- Joe Cheatham Wastewater Director pATE: REVIEWED BY: DATE: Roy B. Anderson, P.E.. Direclor Public UtiLities Engineering Department Approved as to Form and Legal Sufficiency: ACCEPTED BY Date: Thomas Palmer, Assistant County Attorney Steven orrison. P.E.. President Johnson Engineering Wltr,ess (2): (G()rp~ Secretary) // By: r ~ K /.;J¿¿t.(. ~ . ~_t~A'¿""""'4Þ"""" -- ~amã en'ðTiIÎ:----7----- By --~~I t~~--:---- __jJ,J .L ~-- am end T Ie Collier County Utilities Master Pump Station p~~ P~t, ](JHNS ·~N ENGINEERING 2] 58 JOHNSON STREET FORT MYERS, FLORIDA (239) 334-0046 NOVEMBER 2004 EXHIBIT A Agenda Item No. 16C6 Decennber14,2004 Page 6 of 19 COLLIER COUNTY UTILITIES MASTER PUMP STATION _~¡f¡¡¡jH"''''''''1;A","~i\¡~¡''''è'''''¿¡¡¡¿¡'¿'.'''''''$.''';¡''ru'''id''''''éÚ''''''~~~''''¡¡¡_~"""""~'''"''''' Collier County Utilities division desires to provide for the design of a certain master pump station located north of Immokalee Road near the future Heritage Bay development as illustrated in the aerial shown below. Based on a technical memorandum provided by Collier County's third party consultant, Greeley and Hanson, the station will need to be designed to accommodate three different pumping scenarios. The scenarios are as follows: · Scenario 1: Pump wastewater from Heritage Bay corridor west on Immokalee Road to MPS 107.00. · Scenario 2: Pump wastewater from Heritage Bay south to the new Vanderbilt Beach Road MPS. · Scenario 3: Pump wastewater from Heritage Bay east to a re- pump station, which will send the flow to the future Northeast Water Reclamation Facility (NEWRF). EXHIBIT A COLUER COUNTY UTILITIES MASTER PUMP STATION Agenda Item No. 16C6 December 14, 2004 Page 7 of 19 It is anticipated that four pumps will be required to accommodate all three scenarios mentioned above. However, upon preliminary design, another hydraulic analysis will need to be performed to update current conditions. In addition to the master pump ·station, JEI will also provide the design for a transmission force main system with the appropriate valving required to facilitate pumping to the west or east through the existing force main. It is assumed that the necessary valving to direct flow south, as required by scenario 2, is existing. The force main will be installed along an unpaved access road and connect to an existing force main at Immokalee Road. The size of the proposed force main will be determined as part of the hydraulic analysis. CONSULTANT will provide engineering services to COUNTY for the survey, design, permitting and construction of the master lift station and wastewater force main system improvements. The following tasks will be performed. 1.0 Survey Phase 1.1 In coordination with representatives of the Collier County Utilities division, conduct a field inspection of the master pump station location and the pipeline route to determine a preliminary alignment. 1.2 Perform a boundary and topographic survey for the proposed pump station site and force main route. 1.3 Locate existing permanent reference monuments with GPS along the project alignment to establish control for the total project. 1.4 Establish a bench run along the project baseline, setting benchmarks at 1 ,ODD-foot intervals to provide control for the field location and for subsequent as-built locations. 1.5 Locate substantial improvements along the route of the proposed force main that are not identifiable on aerial photographs. Establish existing profile grade line along the pipeline routes and obtain top and invert elevations on drainage structures. FINAL 11/1812004 A-2 EXHIBIT A Agenda Item No. 16C6 December 14, 2004 Page 8 of 19 COLLIER COUNTY UTILITIES MASTER PUMP STA TION 1.6 Perform one 8-hour day (including travel each way) of "soft-dig" services to define vertical and horizontal location of the existing force main at the connection point on Immokalee Road. 1 .7 Provide a legal sketch and description of the 7.7 acres owned by Collier County. 2.0 Design Phase 2.1 Prepare a preliminary layout for proposed pump station location and force main alignment that is supplemented with aerial images. 2.2 Perform hydraulic analysis of existing and future system to adequately size pumps, wet well and force main. (It is anticipated that Collier County will provide all current and future flow requirements along with existing lines sizes, pump curves and field data of existing pumping conditions). 2.3 Coordinate with Sub-Consultants for the following: a. Electrical, telemetry control, automatic power transfer system, PID level control loop, power surge suppression, stand-by power system, power service entrance, power distribution, lighting system, grounding system, programmable logic controller, motor control design and engineering, pump/flow rate limit control system, motor operated flow direction control valves, effluent flow metering, and totalized flow metering design and engineering. b. Structural Design of wet-well, valve vault, privacy wall and concrete pad for stand-by power system. c. Architectural design for privacy wall as necessary to block station from surrounding developments. d. Geotechnical Investigation - SUB-CONSULTANT estimates 3 feet of soil cover; so 6-foot deep auger borings should be adequate to define soil bedding and backfill properties at pipe invert elevations. The lift station wet well location will require one 3D-foot auger boring. FINAL 11/1812004 A-3 EXHIBIT A Agenda Item No. 16C6 December 14, 2004 Page 9 of 19 COLUER COUNTY UTIUTIES MASTER PUMP STA TION 2.4 Prepare landscape. a. Prepare code minimum landscape and irrigation plans in accordance with Collier County permitting requirements. b. Attend a pre-application meeting with Collier County staff during the SOP process. 2.5 Conduct an environmental evaluation to determine Environmental Resource Permit requirements. (It is anticipated that no wetlands will be encountered on this project. If wetlands are encountered, a supplemental authorization will be required to perform the required permitting) . 2.6 Complete preliminary location for proposed pump station and force main alignment, supplemented with aerial images, and prepare 30% level of completion drawings. 2.7 Submit five sets of 30% level of completion design drawings for review and comment. It is anticipated the design drawings will consist of the following sheet. Sheet Sheet No(s) Cover 1 2 3 4-7 8 General Notes, Key Map Plan & Profiles Pump Station Detail Sheets Standard Detail Sheets - Wastewater Force Main 2.8 Attend a project review meeting/technical review committee meeting to discuss comments from the 30% level of completion submittal. Revise plans as required to reflect comments. 2.9 Complete 90% level of completion drawings. The drawings will indicate the final alignment in plan and profile, and include the location of the master pump station, valves, fittings, blow offs, air release valves, etc. FINAL 11/1812004 A-4 EXHIBIT A Agenda Item No. 16C6 Decenlber14.2004 Page 1 Ó of 19 COLLIER COUNTY UTILITIES MASTER PUMP STA TION 2.10 Prepare project specifications, schedule of quantities and final opinion of probable construction cost and submit five copies for review as part of the 90% level of completion submittal. 2.11 Attend a project review meeting to discuss comments from the 90% level of completeness submittal. Revise plans, specifications, schedule of quantities, and cost estimate as necessary. 2.12 The final design submittal will include the following documents: a. One set of original reproducible drawings and technical specifications; b. Five sets of prints of construction drawings; c. One set of final design drawings in electronic format (AutoCAD Version 2004/2005); d. Appropriate number of copies of permit applications with attachments for submittal to agencies; e. Five sets of the Schedule of Quantities and Opinion of Probable Construction Cost. 3.0 Permitting Assistance 3.1 Assist with the preparation and submittal of the following permit applications: a. Conditional Use Zoning Application . Application: Prepare the conditional use application for the subject property. The application will involve a pre-application conference with Collier County staff. The application will include all standard requirements, the conceptual site plan, an aerial with FLUCFS overlay, architectural rendering of structure (by others), and requests for waivers from EIS, TIS and Historical and Archeological survey requirements. . Sufficiency Response: One sufficiency response is assumed in this Scope. CONSULTANT will review staff reports and conditions and will provide additional information in response to questions and recommend appropriate response. FINAL 11/1812004 A-5 EXHIBIT A Agenda Item No. 16C6 December 14, 2004 Page 11 of 19 COLLIER COUNTY UTILITIES MASTER PUMP STA TlON . Hearings: Prepare for and attend public meetings and staff conferences. One Neighborhood Information Meeting will be coordinated, including advertising and mailing meeting notices, attending, and recording. One meeting with Collier County Planning Commission and one meeting with Collier County Board of Zoning Appeals is included. Meetings with staff include the pre-application conference and informal meetings at time of submission, sufficiency, and hearing dates. b. Collier County SOP . The SOP will be designed to coordinate with the existing subdivision improvements adjoining the site. The water management system and access plan for the adjoining subdivision will provide services to this site. We believe that the proposed use will not require any environmental, traffic or lighting improvements due to the process of this SOP application with Collier County. c. FDEP Wastewater Collection! Transmission Permit d. SFWMD Environmental Resource Permit e. Vegetation Removal Permit It is recoQnized by the OWNER that permittinQ is a reaulatorv function and CONSULTANT does not auarantee issuance any permit. 4.0 Bidding Phase 4.1 COUNTY will provide front-end documents. Deviations from the front- end documents to be provided by CONSULTANT. 4.2 Respond to bidders' inquiries and issue addenda as appropriate. 4.3 Participate in a pre-bid meeting for prospective bidders at the COUNTY's Purchasing Office. 4.4 COUNTY will attend bid opening. (No involvement by CONSULTANT) 4.5 COUNTY will evaluate submitted bids. (No involvement by CONSULTANT) FINAL 11/1812004 A·6 EXHIBIT A Agenda Item No. 16C6 December 14, 2004 Page12of19 COLLIER COUNTY UTILITIES MASTER PUMP STA TION 4.6 COUNTY will provide recommendation to Collier County Utilities in the form of a letter. (No involvement by CONSULTANT) 5.0 Construction Observation Services This proposal is based upon providing full-time construction observation for the force main installation and part-time for the construction of the master pump station. It is anticipated the construction of the force main shall be 30 calendar days and an additional 150 days to complete the master station. 5.1 General Administration of Construction Contract: CONSULTANT shall consult with and advise OWNER and act as OWNER's representative as provided in the Standard General Conditions of the Construction Contract Documents. The extent and limitations of the duties, responsibilities and authority of CONSULTANT as assigned in said Standard General Conditions shall not be modified, except to the extent provided in Exhibit A and except as CONSULTANT may otherwise agree in writing. All of OWNER's instructions to Contractor will be issued through CONSULTANT who shall have authority to act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and said Standard General Conditions except as otherwise provided in writing. 5.2 Visits to Site and Observation of Construction: In connection with observations of the work of Contractor while it is in progress: CONSULTANT shall provide full-time construction observation. Based on information obtained during such observations, CONSULTANT shall endeavor to determine in general if such work is proceeding in accordance with the design concept and the design information shown in the Contract Documents and CONSULTANT shall keep OWNER informed of the progress of such work through regular progress reports. . The responsibilities of CONSULTANT contained in this paragraph are expressly subject to the limitations set forth and other express or general limitations in this Agreement. CONSULTANT shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct or have control over Contractor's work nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety FINAL 11/1812004 A -7 EXHIBIT A Agenda Item No. 16C6 December 14, 2004 Page 13 of 19 COLLIER COUNTY UTILITIES MASTER PUMP STA TION precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. Accordingly, CONSULTANT neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. NOTE: COMPENSATION FOR CONSULTANT PROVIDING ON-SITE CONSTRUCTION OBSERVATION IS BASED UPON CONSULTANT'S CONSTRUCTION OBSERVER BEING ON-SITE FULL TIME DURING PIPE LAYING AND TESTING OBSERVATIONS ONLY, UNLESS MODIFIED BY COUNTY'S PROJECT MANAGER. AT OTHER TIMES DURING CONSTRUCTION, CONSULTANT WILL PROVIDE PART-TIME CONSTRUCTION OBSERVATION. THIS SCOPE OF SERVICES IS BASED UPON CONSULTANT PROVIDING UP TO 400 HOURS OF ON-SITE CONSTRUCTION OBSERVATION SERVICES. THIS INCLUDES 30 DAYS OF FULL-TIME INSPECTION AND PART-TIME INSPECTION (8 HOURS PER WEEK) FOR THE REMAINING 22 WEEKS TO CONSTRUCT THE MASTER PUMP STATION. 5.3 Clarifications and Interpretations; Field Orders: CONSULTANT shall issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. CONSULTANT may issue Field Orders authorizing minor variations from the requirements of the Contract Documents, with approval of OWNER. 5.4 Change Orders and Work Change Directives: CONSULTANT shall recommend Change Orders and Work Change Directives to OWNER as appropriate, and shall prepare Change Orders and Work Change Directives as required. 5.5 Shop Drawings: CONSULTANT shall review and approve (or take other appropriate action in respect of) Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the FINAL 11/1812004 A-8 EXHIBIT A Agenda Item No. 16C6 Decennber14,2004 Page 14 of 19 COLLIER COUNTY UTILITIES MASTER PUMP STA TlON design information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. Review of a specific item shall not indicate the CONSULTANT has reviewed the entire assembly of which the item is a component. CONSULTANT shall not be required to review partial submissions or those for which submissions of correlated items have not been received. 5.6 Substitutes: CONSULTANT shall evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor. 5.7 Inspections and Tests: CONSULTANT may require special inspections or tests of the work, and shall receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents. CONSULTANT's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests or approvals comply with the requirements of the Contract Documents. CONSULTANT shall be entitled to rely on the results of such tests. 5.8 Disagreements between OWNER and Contractor: CONSULTANT shall render the initial decisions on all claims of OWNER and Contractor relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. In rendering such decisions, CONSULTANT shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 5.9 Applications for Payment: Based on CONSULTANT's on-site observations as an experienced and qualified design professional and on review of Applications for Payment and the accompanying data and schedules: FINAL 11/1812004 A·9 EXHIBIT A Agenda Item No. 16C6 Decennber14,2004 Page 15 of 19 COLLIER COUNTY UTILITIES MASTER PUMP STA TION CONSULTANT shall determine the amounts that CONSULTANT recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute CONSULTANT's representation to OWNER, based on such observations and review, that to the best of CONSULTANT's knowledge, information and belief, the work has progressed to the point indicated, the quality of such work is generally in accordance with the design information Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the CONSULTANT's recommendations), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled. In the case of unit price work, CONSULTANT's recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). By recommending any payment CONSULTANT shall not thereby be deemed to have represented that on-site observations made by CONSULTANT to check the quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of the work in progress, or involved detailed inspections of the work beyond the responsibilities specifically assigned to CONSULTANT in this Agreement and the Contract Documents. Neither CONSULTANT's review of Contractor's work for the purposes of recommending payments nor CONSULTANT's recommendation of any payment (including final payment) will impose on CONSULTANT responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. It will also not impose responsibility on CONSULTANT to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any liens, claims, security interests or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. FINAL 11/1812004 A -10 EXHIBIT A Agenda Item No. 16C6 December 14, 2004 Page 16 of 19 COLLIER COUNTY UTILITIES MASTER PUMP STA TlON 6,0 Assistance with Project Close-out Services 6.1 Contractor's Completion Documents: CONSULTANT shall receive, review and transmit to OWNER with written comments maintenance and operating instructions, schedules, Guarantees Bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, and marked up record documents (including Shop Drawings, Samples and marked-up Record Drawings) which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. CONSULTANT's review of such documents will only be to determine generally to the best of CONSULTANT's knowledge, information and belief that their content complies with the requirements of (and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with) the Contract Documents. 6.2 Substantial Completion: Following notice from Contractor that Contractor considers the entire work ready for its intended use, CONSULTANT and OWNER, accompanied by Contractor, shall conduct an inspection to determine if the work is substantially complete and provide a punch-list of items requiring additional attention. If after considering any objections of OWNER, CONSULTANT considers the work substantially complete, to the best of CONSULTANT's knowledge; information and belief per the conditions above, CONSULTANT shall deliver a certificate of Substantial Completion to OWNER and Contractor. 6.3 Record Drawings: CONSULTANT shall provide as-built record drawings. These record drawings shall be based upon mark-up prints of deviations provided by the contractor during the construction of the improvements and provided to the Engineer. The record drawings are to be provided in the following format(s): . One set of reproducible mylars . Electronic format (AutoCAD compatible) FINAL 11/1812004 A -11 EXHIBIT A Agenda Item No. 16C6 December 14, 2004 Page 17 of 19 COLLIER COUNTY UTILITIES MASTER PUMP STA TlON 6.4 Final Notice of Acceptability of the Work: CONSULTANT shall conduct a final inspection to determine if the completed work of Contractor is acceptable so that CONSULTANT may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, CONSULTANT shall also provide a notice that the work is acceptable (subject to the provisions of the preceding paragraphs) to the best of CONSULTANT's knowledge, information and belief and based on and limited the extent of the services performed and furnished by CONSULTANT under this Agreement. ~/"'." ,"" >".-. < _""" ~ ·-'''··<·''~-''''·'·-'''i'''''':·.':'·'';':'''.' '.'''i.:/::.,./,.::.:"¡.'.",,,..ë'''_:'<'''''· ',,,,,,;. -,,>.,.,-,-,. "~">'.i(-"".:,:,.-.._,:-. "0 .. ,. j" -- -'i'. -."c;' ,iá"""""';':"""'}':'" i- -",-""..,:_,.;,-,; ',,,.::'~',_ "':"':~,_">'/":';::':"""C":'" -, ,":_i:,':",,' -.;" "'---.< .. .,/.,-.-,.,.-.;::;:."-.,-.-.,.::.".,-:.-,,,:;. .. ".,".' -'.:""....""".."'-.....-..'....'.-:.-.'....:...;.;:.:.).,';-~,<: Limitation of Responsibilities: In addition to the limitation of responsibilities of CONSULTANT as detailed in this Agreement, CONSULTANT shall not supervise, direct or have control over Contractor's work, nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by Contractor nor for Contractor's safety, precautions or programs in connection with the work. These rights and responsibilities are solely those of Contractor in accordance with Contract Documents. CONSULTANT shall not be responsible for any acts or omissions of Contractor, Sub-Contractor, any entity performing any portions of their work, or any agents or employees, if any of them. CONSULTANT does not guarantee the performance of Contractor and shall not be responsible for Contractor's failure to perform its work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. Duration of Construction Phase: The Construction Phase will commence with the execution of the construction contract for the Project or any part thereof and will terminate at the completion of the construction contract. FINAL 11/1812004 A -12 EXHIBIT A Agenda Item No. 16C6 December 14, 2004 Page 18 of 19 COLLIER COUNTY UTILITIES MASTER PUMP STA TlON ~~\i¡é",""""",;;,,,,,,,,__&.'¡J""!""'&''';i;~_~(0 CONSULTANT shall be compensated as follows. PHASE FEE TYPE 1.0 Survey Phase $ 9,392 T&M 2.0 Design Phase $ 78,740 T&M 3.0 Permitting Assistance $ 29,592 T&M 4.0 Bidding Phase $ 3,144 T&M 5.0 Construction Observation Services $ 32,064 T&M 6.0 Project Close-out Services $ 8,432 T&M Estimated Reimbursable $ 2,000 T&M TOTAL $ 163,364.00 T&M FINAL 11/1812004 A -13 '<to'J 40"- 100 .N - O'J O'<t,.- Z:::Q.) EQ.)OJ Q.)..orf. ~E -Q.) CUt.> "'OQ.) ij50 OJ 4: ---".- ~ o....c ....o«J 'I'"".....f/) Ovc I co «J I.C) ('t) ã. . o ~ C I ('t) C I- co 0 .Q LL.'I'"":¡::¡1ii ..!.6"to,µ wõ2cn ~ ûSc. ....ëcE ( )~8~ 'Eo Q. OEë.... ~ « OJ ( ) 15 ( ) 'ü) ûS :>'c( )«J >....~~ ~.5 ( ) «J 0:::":5..... ...w....o ~ :::;. J2 § «J~æ:g ,g '¡;: 0 ( ) c ( ) 's c. o( )~(/) :¡::¡C( )c «J.- (/).- ~OJOJc "'c 0 c W c ._ ( ) 'C 1:5 E § $ 2 E(/)c"",,-, 8 C·- en ,c OJ C ( )oCS a;:~w .. c o .- - Co) .c: "C G) "C C G) E E o to) CD a:: .~,+- Agenda Item No. 16C7 December 14, 2004 Page 1 of 20 EXECUTIVE SUMMARY Recommendation to approve FY 04-05 Innovative Waste Reduction and Recycling Grant Agreement from the Florida Department of Environmental Protection in the .amount of $63,000.00 to fund construction of the Innovative Recycling Fitness Walk, and associated Budget Amendment. OBJECTIVE: To have the Board of County Commissioners approve the FY 04- 05 Innovative Waste Reduction and Recycling Grant Agreement in the amount of $63,000, approve any budget amendments reflecting grant amounts and designate the Solid Waste Management Department (SWMD) Director as the authorized representative to sign, implement and execute the agreement. CONSIDERATION: In 1997 the Florida Legislature directed the Florida Department of Environmental Protection (FDEP) to make grant funds available to counties on a competitive basis for innovative programs related to recycling. On April 30, 2004 the Legislature allocated $1,347,570 for innovative recycling grants. -, The SWMD submitted a proposal to the FDEP an Innovative Waste Reduction and Recycling Grant for construction of a Recycling Fitness Walk at Eagle Lakes Community Park in November 2003. The amount of $63,000.00 was allocated on April 30, 2004 by FDEP for this proposal. The SWMD has committed matching funds of $7,500.00 for this project. The objective of this project is to promote recycling by the use of recycled material in a highly visible and accessible venue. By using recycled material in the construction of the walk, including recycled tire rubber surfaces and activity equipment, the market for sale of recycled material will be stimulated. In addition, promoting and teaching recycling and waste reduction will in turn reduce waste, save landfill space and natural resources, having an overall environmental benefit. This will be a joint project between the SWMD and the Parks and Recreation Department. The Recycling Fitness Walk will be located on about 1,000 square feet at Eagle Lakes Community Park. Collier County will have until November 30, 2005 to complete the project. FISCAL IMPACT: The Solid Waste Disposal Grant Fund (472) will receive revenue in the amount of $63,000.00. Grant funds are received on a qua rterly basis through submission of reimbursement requests. Local matching fun ds in the amount of $7,500 are required and are available in Fund (470). .- GROWTH MANAGEMENT IMPACT: Approval of this grant offer is consistent with the Growth Management Plan. Agenda Item No. 16C7 December 14, 2004 Page 2 of 20 RECOMMENDATION: 1. To approve the FY 04/05 Innovative Waste Reduction and Recycling Grant Agreement in the amount of $63,000.00. 2. Designate the SWMD Director as the authorized representative to sign the agreement. 3. Approve any necessary budget amendments to reflect grant amounts. PREPARED BY: Denise Kirk, Waste Reduction and Recycling Manager, Solid Waste Management Department AgendA H~rn No 1 E3C"¡ De~emher 14, 2004 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number item Summary 16(;7 Meeting Date Rt!çom~I,,:~rH:1a1j(;t'I to npprcv!!' FY 1).4"05Irlr\(;vNlv~ Wasle ~¡f!ducU()n and RðC)'GlmØ (;r¿I!11 A.gle€;T1F.'cd 11Un~ the FloriO:a Dep;~r1m!!'m o Err"~I(:·nrrler~t;~1 Pf()!p.(:tion to rW1d c()nGtrtJ(:ticn t·r the IrtMvativt) Re¡;;yding Frt."esr. Walk. .u\ti ass.ociated 8udg"t Am!!ndmer.t 12/14/20D4 9:ûD:OO I\M Prepared B)' O.ate Denh¡e Kirk. Wit:ttc R!'du<:tinn & Recycling ManaQIH 1 H22f2t.104 \I:"!:i;59~M f"ubUç Utilities s.oHdWaS1e Approved By Steve Whltljer Recreation Manager Date PiJbllc Set'lllce!o Parks and Recrutkm 11f22j20D4 .4::J4 PM Approved By G Gf:Drue YUma::: Sollc Waste Diulclor Dale Public UtHilla:!. Solid W<u;te 11/22120'04 U:2:J PM Approved B:y Thomas \Nides Operations DirectuI Date Public IWI/flit!¡ PlibHc lJ litle~¡ Op~la!iorl$ 11t29i2004 .1;{)7 PM Approved By St~ve Camel! fJurchasJngfGenelal 5~C:!i Director Date Adrninistralwr: Ser'lì~l!: f Pun:hil!;ing 11/19/2;)044:24 PM Appron-d By Jame.s W. Detony PUblic Ut\!ltìe:!. Adl'11~nl!;tr.atol Date ~ublk Utl ¡th!50 Public: UfjhtJ~\t Adml"~5~r3tion 1~!112004 Z:1:i: I'M Approved By OM8 CoordiMtQf .Adm!!Ü:ilr.ltivf.' A$~istant 0.1tO County M,magen. Office Office ot Mana{lCmen1 &. Budget 12ì2f2Di.l4 10:-31 AM Approved By Randy (:ìru~nwa.¡d MarugÐmerttiBudg~t A.nu!y.st Daft: Countv MluH!Iº!"r':s. onlce Of1icf': ot Managenlcnt & Budget t2fJ/2D04 9:604 AM Approved By Midlil-el Smykow!.k¡ M!lRitg¢mat\t& B¡JdÇ1r.;1 (Jiractor DatI! COUNty Manuge,', Offlcp- Offh;e or M;¡¡n<lgelnel'1t & !=Judget 12ì6f¡!OQ,¡. 9:27 AM Approved By James. V, Mudd County Managt'r Oat~ fì[)ard or GDUflty Commls.$loners. County Mlul;1ger':s. Office 1216(20047:39 PM Agenda Item No. 16C7 December 14,2004 Page 4 of 20 2004-2005 INNOVATIVE WASTE REDUCTION AND RECYCLING GRANT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095. FLORIDA STATUTES PART I - GRANT NOTIFICATION INFORMATION 1. Grant Agreement Number: IG05-11 2. Date of Award: Execution 3. Grant Title: INNOVATIVE WASTE REDUCTION AND RECYCLING GRANT 4. Grant Period: October 1, 2004 or Execution (whichever is later) - November 30, 2005 5. Grant Amount: $63,000 6. Grantee Match Amount: $7,500 7. CSFA # and Project Name: 37.050/lnnovative Waste Reduction and Recycling Grant 8. Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste Waste Reduction Section (MS 4570) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 245-8716 9. Grantee(s): Collier County Address: Solid Waste Management Department 3301 Tamiami Trail E. Naples, Florida 34112 10. Grantee Fiscal Year End: September 30.. 2004 11. Federal Employer Identification Number: 59-6000558 12. Grantee's Authorized Representative: Name: Title: Phone: G. George Yilmaz, PhD Director Solid Waste Management Department 239/ 732-2508 13. Grantee's Grant Manager: Phone: Denise Kirk Waste Reduction & Recycling Manager 3301 Tamiami Trail E. Naples. Florida 34112 239/ 530-5375 Name: Title: Address: 14. Department's Grant Manager: Name: Title: Cindy Stopha Environmental Specialist DEP Agreement No. IG05-11, Page 1 of 10 DEP 55·237 (07/04) Agenda Item No. 16c7 December 14, 2004 Page 5 of 20 Address: Phone: 2600 Blair Stone Road MS 4570, Tallahassee, Florida 32399 8501245-8728 PART n - GRANT CONDITIONS GENERAL CONDITIONS: 15. The Florida Department of Environmental Protection (hereinafter referred to as the "Department" or "DEP") does hereby enter into an Innovative Waste Reduction and Recycling Grant Agreement wìth Collier County (hereinafter referred to as "Grantee" or "Recipienf') to conduct the project described in Attachment A - Project Work Plan, Attachment B _ Grant Proposal, and Attachment C - Certification by Engineer or Other Qualified Professional, attached hereto and made a part hereof. 16. The method of payment, for the period beginning upon Agreement execution through November 30, 2005. will be on a reimbursement basis for direct costs only. Grant funds may be expended through November 30, 2005. 17. The Grantee shall submit reimbursement requests on a quarterly basis. Nt original of the reimbursement request, with summaries and appropriate contracts attached, shall be due on the 15th day of the month following the end of the quarterly reporting period. For purposes of this Agreement, the term "quarterly" shall represent the calendar quarters ending March 31$1, June 30th, September 30th, and December 31st. Each reimbursement request shall be submitted in detail sufficient for pre-audit and post-audit review. A final reimbursement request must be submitted no later than December 31,2005. L 18. A. The Grantee shall submit an original and two copies of Attachment D - Payment Request Summary Form, attached hereto and made a part hereof, in conjunction with the required progress report to the DE? Grant Manager. Five percent (5%) of each request. up to a maximum of fIVe percent (5%) of the total Grant amount shall be withheld until the final report has been received and accepted by the Department. Reimbursement requests must be signed by the Grantee's designated authorized representative. This should be the same person who signed the Grant Agreement. If there is a change in the authorized representative during the Grant period. the Department must be notified in writing. B. In addition to the requirements in the paragraph above, the Department requests proof of a transactîon (invoice, payroll register, etc.) with each reimbursement request to evaluate the appropriateness of costs to the Grant Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. The Grantee is required to submit a cost allocation plan to the Department in support of its multipliers (overhead. indirect. general administrative costs. and fringe benefits). All bills for amounts due under this Grant Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at þrtp:! /v.v.'W.dbf.state. fl. us/aadír/reference guide.. C. Pursuant to Section 216.346, F.S.. it is understood and agreed that the amount of compensation under this Agreement for the Grantee's (and any sub-grantees) indirect administrative or overhead expenses shall not exceed five percent (5%) of the total direct costs. , DEP Agr'eerMnt No. IGOS-11, Page 2 of 10 OEP 55-237 (07/04) - Agenda Item No. 16C7 December 14,2004 Page 6 of 20 D. Travel expenses incurred are included in the amount of this Grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. The travel forms can be found at http://www.dep.state.f!.us/admin!formsíFinAcctforms.htm . E. Progress reports shall be submitted in conjunction with reimbursement requests and shall clearly describe the activities undertaken during the reporting period, activities anticipated for the next reporting period, problems encountered, problem resolutions, a financial summary of the project (including matching and in-kind services), and any schedule updates. In addition to the progress reports required above, the Grantee shall submit the deliverables specified in Attachment A - Project Work Plan. The Grantee shall submit a final project report (as described in paragraph 19, below) no later than thirty (30) days following the completion date of this Agreement. Upon receipt and approval of all deUverables specified herein and an invoice requesting payment, the Department will release all funds retained pursuant to 18.A above. F. The State of Florida's performance and obligation to pay under this Grant Agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue and an annual appropriation by the Legislature. 19. The Grantee's final report should be presented in a technical or scientific manner. It should be able to stand on its own so individuals with first time knowledge of the project might understand it. The final report shall be submitted in hardcopy and MS Word or PDF electronic format and include, but not be limited to, the following information: A. An introduction briefly describing the project and the contents of the final report. It should also include, but not be limited to, the following: 1. The background of how this project came about. 2. The objectives or goals of the project. 3. What made this project innovative? 4. The proposed audience and date for the formal presentation about the project at an appropriate state or national workshop. Are any publíshed articles in recognized trade journal or professional journals planned? B. The implementation of the project including, but not limited to, the following: 1. What equipment and/or services were purchased and how it was utilized. 2. A description of the various elements or components and a project timeline. 3. Problems encountered during the project and how they were resolved or addressed. C. The project results including. but not limited to, the following: 1. How the objectives or goals were or were not met for tl:1is project. 2. How this project demonstrated or utilized advanced technologies or processes, which are not in common use on a statewide basis in jurisdictions of simìlar size or demographics. 3. How this project let to greater quantttìes of recovered materials and/or created a product that is more recyclable and/or marketable. 4. The transferability of the technology or processes reaHzed from this project and how it was or will be applicable to. other communities. businesses or individuals. DEP Agreement No. IG05-11, Page 3 of 10 DEP 55-237 (07104) l Agenda Item No. 16C7 December 14,2004 . Page 7 of 20 5. A detailed analysis and discussion of how this project resulted in substantial improvements in recycling program cost effectiveness and efficiency as measured against statewide average costs for the same or similar programs. Include the foJlowing: a. Total dollar figures of the various elements or components of the project. including administration, equipment, operations, advertising. education and any other expenses incurred during the project. b. Project expenditures categorized for both the public versus private sectors and the sources of project funding comparing the county (including in~kind services) versus the innovative grant. c. Tipping fees avoided as a result of waste diversion/reduction. d. A cost/benefit ration for the project comparing the cost of project versus the benefits that were achieved. Include any assumptions made in deriving this information. Discussion should include the following: 1. Avoided material tonnages and space (in cubic yards) at area landfills. 2. Possible impacts made conserving natural resources. 3. Cost per capita and per ton of specific material(s) recovered or recycled as part of this project. e. How the project has collected and recycled nontraditional materials, and enhanced their marketability and availability to end markets. 20. The Grantee shall maintain accurate records of aU expenditures of Grant funds and shall assure that theSe records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Departmeflt. Records shall be kept for a period of at !east 5 years following the end of the Grant period. The Grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this Grant Agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. In the event any work is subcontracted. the Grantee shall simUarty require each subcontractor to maintain and anow access to such records for audit purposes. 21. In addition to the provisions contained in the paragraph above. the Grantee shall comply with the applicable provisions contained in Attachment E. A revised copy of Attachrnent E. Exhibit-1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit~1 shall summarize the funding sources supporting the Grant Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. If the Grantee fails to receive a revised copy of Attachment E, Exhibit-1, the Grantee shall notify the Department's Grant Manager at 850/245-8716 to request a copy of the updated information. 22. The Department has the right to terminate a Grant award and demand refund of Grant funds for non-compliance with the terms of the award. Such action may also result in the Department declaring the Grantee ineligible for further participation in the program until the Grantee complies with the terms of the Grant award. 23. When applicable, the Grantee shall obtain all necessary construction-related permits before initiating construction. 24. A. The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any .- DEP Agreement No, IG05-11. Page 4 of 10 DEP 55-237 (07104) Agenda !tem No. 16C7 December 14, 2004 Page 8 of 20 subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department wìU be glad to fumish a list of minority owned businesses for consideration in subcon1racting opportunìtìes. C. The Grantee must comp!y with the applicable requirements of Section 287.055, F.S., when acquiring professional services (professional engineers. architects, landscape architects, and/or survey and mappers). D. The Grantee shall acquire all contractual services and/or commodities utílízing procurement methods comparable to those described in Chapter 287, F.S. 25. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents. papers, letters, or other material subject made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article of the State Constitution and Section 119.07(1), Florida Statutes. 26. Pursuant to section 216.347, Florida Statutes, the Grantee is prohibited from using Grant funds for the purpose of lobbying the legislature, the judicial branch, or a State Agency. 27. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Grant Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted. the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shaH comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Grant Agreement is not protected under Workers' Compensation statutes. the Grantee shall provide. and cause each subcontractor to provide. adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 28. The Grantee, as an independent contractor and not an agent. representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as spectfically provided in this Agreement. 29. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shaH constitute a waiver by either party of its sovereign immunity or the provisions .of Section 7GB.28, Florida Statutes. 30. The Grantee covenants that it presently has no interest and shall not acquire any interest. which would conflict in any manner or degree with the performance of services required. 31. Upon satisfactory completion of this Grant Agreement. the Grantee may retain ownership of the equipment purchased under this Grant Agreement. However, the Grantee shall complete and sign a Property Reporting Form, provided as Attachment F, and forward it DEP Agreement No. IG05-11. Page 5 of 10 DEÞ 55-237 (07/04) l Agenda Item No. 16C7 December 14,2004 . Page 9 of 20 along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. 8. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department D. The Grantee shall regort the inventory of the equipment, on an annual basis, no later than January 31 t for each year this Agreement ís in effect. E. The equipment may be leased or loaned to a private business, if necessary for the project. F. For a period of three years following the completion date of this Grant Agreement, the Grantee shall maintain ownership of all equipment purchased with funds from this Grant, shall list said equipment purchases on its property inventory, and shall assure that said equipment is used exclusively in some recycling capacity in the State of Florida. Within the above stated three-year period, the Grantee may sell the equipment for fair market value provided that the proceeds of such sale are returned to the Department. G. A ·release of lien" for any structures built or purchased with grant funds must be provided to the Department with the final report Any site containing state purchased equipment must provide records disclosure/access to state auditors. 32. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Grant Agreement. B. An entity or affílìate 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 publîc work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 33. A person or affiliate who has been placed on the convicted vendor list following a conviction for a pUblic entity crime may not perform work as a Grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S.. for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. DEP AGreement No, IG05-11, Page 6 of 10 DEP 55-237 (07104) Agenda Item No. 16C7 December 14. 2004 Page 1 Ó of 20 34. This Grantee shall comply with all applicable federal, state and local rules and regulations in conducting the project funded under this Grant Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Grant Agreement 35. Land acquisition is not authorized under the terms of this Agreement. 36. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g.. specifications, task timeline within current authorized Agreement period. method or manner of peñormance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change. which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 37. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes. modifications or waivers of provisions ofthìs Agreement shall only be vaUd when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. IG05-11, Page 7 of 10 DEP 55-237 (07104) l Agenda Item No. 16C7 . December 14, 2004 Page 11 of 20 PART III . OFFER AND ACCEPTANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the county of Collier for all allowable costs incurred up to and not exceeding $63,000.00. ffi~»O~ DEPARTMENT OF EN~RONMENTAL l~rJ;t: William W. Hinkley, iet Date Bureau ot Solid & Hazardous Waste Approved as to form and legality: DEP Program Attorney [This form has been approved as to Form and legality by Chris McGuire, Senior Assistant General Counsel, on October 1,2004 for use for one year.) In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general and special conditions. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY: Signature of Authorized Representative Name: Chairman, Board of County CommÎssioners Date Please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Waste Reduction Section - M.S. # 4570 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Ust of attachments/exhibits included as part of this Agreement Specify Tvpe Letterl Number OescriDtion (include number of Daoes) Attachment Attachment Attachment Attachment Attachment Attachment Attachment A B C D E F G Project Work Plan (# Pages) Grant Proposal (# Pages) Certification by Engineer or Other Qualified Professional (# Pages) Payment Request Form (1 Page) Special Audit Requirements (5 Pages) Property Reporting Form {1 Page} Quaity Assurance Requirements (10 Pages) DEP AcJreement No. IGOS.11, Page 8 of 10 DEP 55-237 (07104) Agenda !tem No. 16C7 December 14, 2004 Page 12 of 20 ATTACHMENT D GRANTEE: CoHíer COUNTY PAYMENT REQIJEST SUMMARY FOR\f GRANTEE'S GRANT MANAGER: Hcn i!>t' Ki r k PAYMENT REQUEST NO.: DEP AGREEMThj NO.: £GO",l DATE OF REQUEST: PERFORMANCE PERIOD COVERED: TOTAL MATCHING FUNDS REQUIRED: A,\10UNT REQUESTED THIS PERIOD: GRAN! EXPENDITIJRES SUMMARY SECTION [Effective Date of Grant throu~h End-of-Grant Period] TOTAL AMOUNT OF THIS CUMULATIVE MATCHL'lG CATEGORY OF EXPENDITURE REQUEST PAYMENTS FUNDS Salarîes $ $ $ Fringe Benefits $ $ $ Travel (if authorized) $ $ $ Subcontracting: d,,' " ,."... .d··y......... ........,..." S $ $ $ $ $ $ $ $ $ $ $ $ S $ Equipment Purchases* S S $ Supplies/Other Expenses $ $ $ TOTAL INVOICES SUBMITTED $ $ $ Less 5% (unlessfinaJ invoke) $ Amount Retained (jor final invoice only) $ Total Reimbursement Requested $ Less Total Cumulative Payments of: $ TOT AL REMAINING IN GRA.~T $ ·Single purchases over $1,000. See Attachment F GRA~TEE CERTIFICATION The undersigned certifies that the amount being requesteà for reimbursement above was for items that were charged to and utilized only for the above-cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Denise Kirk Tè!ephone Number Telephone Number 239/530,,5375 , DEP Agreement No.IG05-11, Attachment D, Page 1 of 1 l Agenda Item No. 16C7 . December 14, 2004 Page 13 of 20 ATTACHMENT E SPECIAL AUDIT REQUIREMEJIoi--rS The administration of resources awarded by the Department {)f Environmental Protection (which may be referred to as the "Department", "DEP", "PDEP" O/' "Grantor", or other name in the conlract/agreeltWnt) to the recipient (which may be referred to as the "Contme/or". Grantee" or other name in the contract/agreement) may 'be subject to audits and/or monitoring by the Department of Enviromnental Protectio~ as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as d(:fined by OMB Circular A-l33, as revised, and/or other procedures. By entering ìnto this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Enviromnental Protection. In the event the Department of Environmental Protection detennìnes that a 1imited scope audit of the recipient is appropriate, the recipient agrees to comply with any !Irlditional 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 ChiefFìnancìaJ Officer or Auditor (':zeneral. AUDITS PART I:FEDERALL Y F1J'NDED This part is applicable if the recipient is a State or local government .or a non-profit organization as defmed in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after 12/31/03) or more in Federal awards in its fiscal year, the recipient DIUSt have a single or program-sped fie audit conducted in accordance with the provisions ofOMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in it,> fiscal year, the recipient shall consider all sources of Federal awards, includìng Federal reSQU!ces received from the Department of Environrnental Protection. The detennination .of amounts of Federal awards expended shou1d be in accordance with the guidelines established by O!l.1B Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance I.\1th the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to a11ditee responsibilities as provided in Subpart C ofOM8 Circular A-133. as revised. 3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after 12/31/03) in Federal aVl'ards in its fiscal year, an audit c{)nducted in accordance with the pro\'isions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal years ending after 12/31/03) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of suchan audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at bttp:!I12.46.24$.173/efda/cfda.btml. DEP 55-215 (02104) DF.P Agreement No. )('.05-11. Attachmcnt E, Page ) of 5 Agenda Item No. 16C7 December 14, 2004 Page 14 of 20 PART ll: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes. I. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F10rida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General EXHIBIT 1 to this Agreement indicates State fmancía1 assistance awarded through the Department ofEnvironmentaJ Protection by this Agreement. In determining the State fmancial assistance expended in its fiscal year, the recipient shall consider aU sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and .resources received by a nonstatc entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies Vi.'Íth the requirements of Section 215.97(7), Florida Statutes. This includes submission of a fmancial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted Ín accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300.000 in Sta.te financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F10rida Statutes. the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For infonnation regarding the Florida Catalog of State Financial Assistance {CSFA}. a recipient should access the Florida Single Audit Act website located at httn:iístate.t1.u.vfsaaicatalog or the Governor's Office of Policy and Budget website located at http;//www.myflorida.com/mvfk1l1dal~ovemmcntJcot1taçts/opbOffice .htmJ for assistance. In addition to the above websites, the foJlowing websites may be accessed for information: Legislature's Website http://wwwJC¡¡.state.t1.us/. Governor's Website hltP;//www.mvflorida.com/. Department of Financial Services' Wcbsite http://Wv.w.dbf.state.J1,ll.~ and the Auditor General's Website http://www.state.t1.usiaudgen.. PART UI: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to spec;/j.: any additional audit requiremenD' impæt'ed by the State awarding entity that are solely a motteI' of that State awarding e1ltity's policy (i.e., the audit is not required by Federal or Slate laws and is not in con.flict with other Federal or State audit requirements). Pursuant to Secti01I 215.97(7)(m), Florida Statutes. State agencies may conduct or arrange.fÓr audits of State financial assisTance that are in addition to audits rondueted in accordance with Section 2 ¡ 5.97, Florida Statutes. In such an event. the State awarding ag.mcy must arrange for jùnding the full coM afsuch additional audits.) PART IV: REPORT SUBMISSION 1. Copies ofreportíng packages for audits conducted in accordance with OMB Circular A-133. as revised, and required by PART I of this Attachment shaH be submitted, when required by Section .320 (d), OMB Circular A-133, as revísed, by or on behalf of the recipient directJy to each of the following: OEP 55-215 (02/04) DEP Agreoment No. IGOS-II, Attachrnent E. Page 2 of 5 l Agenda Item No, 16C7 December 14, 2004 Page 15 of 20 A. The Department of Environmental Protection at the foHowing address; Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 BIaìr Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the fonowing address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-t33, as revised. 2. Pursuant to Section .320(f), OMB Circular A-t33, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any ,management letters issued by the auditor, to the Department of Environmcntal Protection the following address: Audit Director Florida Department of EnvÎronmental Protection Office of the Inspect"Or General, MS 40 2600 Blair Stone Road Tallab.assee, Florida 32399-2400 3. Copies of fInancial reporting packages required by PART II of this Attachment shaUOO submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit DirectQr Florida Department of Environmental Protection Office of the Inspector GeneraL, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address; State of Florida Auditor General Room 401, Claude Pçpper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-2J5 (02/04) DEP Agreement No, ¡GOS- ¡ ¡, Attachment E, Page 3 of 5 , - Agenda Item No. 16C7 December 14, 2004 Page 16 of 20 4. Copies of reports or management letters required by PART m of this Attachment sball be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida DepartI'nent ofEnvÎronmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road TalJahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant t{) this Agreement shall be submitted timely in accordance with OMB Circular A-B3, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofdle Auditor General, as applicable. 6. Recipients, when submitting fmancial reporting packages to the DeparlJnent of Environmental Protection for audits done in accordance \vith OMB Circular A-l33, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General. should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETE~ï10N The recipient shalJretain sufficient records demonstrating its compliance with the tenns of this Agreement for a period of 5 years tTom the date the audit report is issued, and shall allow the Department of Environmental Protection., or its designee. C'hief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee. Chief Financial Officer, or Auditor General upon request tor a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LE:FT BLA:~K HEP 55-215 (02/04) DEP Agreemet1t No. ¡G05- j 1, Attachment E, Page 4 of 5 l ,- - :"" ¡ ... == x ~ ö z §; 9 ....¡ o r.... w :::: f-< ¡,;;.. o [;; U3 ð u ~ w ~ .~ Q2 c: <: ~ :::: ¡.... ~ ¡.... z <: :::> tJ? ~ E-< Z w ê: u w ~ w :::: 1- o E-< Q ;.JJ o ~ <: :s: <: v;¡ o z ::;; :J... .... õ .~ ~ B~t:: ª 1'3 g. u tnlo..oëa §:ü <: i :::: <: gf :a § ~ ~ .s ~ ,g õ ¡a:. iii :! to. Q ... ~ '" = Q V ... 1:1 ë iii \Ií ~ '< '" ~ o ... ë œ ::I '" ... ::I Q.. - c '" :ª ;:¡ \Ií ::=: ~ .g "C! Q,I "C! .. III ... -< '" q,¡ .... .. ::I o Æ"§§~ œ Q.j Ö1;¡-i2 t'Ees "Br....Q..Z Ji¡" ~ f- ~ ... ü <: ~ o-ê :.:.. .. U ;:I Z t c ~ <: ] .g ~ ! ;; !! Q .. Q.. ¡:: o 0:2 ~ ! g.: (.fJ .... -;; §:U <: 3 ª <: g¡ :a § :.:.. ãi .. Q.j ! "" .;a Of) u .... 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UZ¡:;:; ¡a....., uO '1.1 >- g !-::: 8· IZ) .v .~ I.:..~ ë u 5,~ u ~-z ~ ä~ ~.'" ..;: C) ",?-¡ "OB~_ ª ~ § '< " r....:S:r....t:: :i2~s Õ ,2 £ VJ:--.,¡¡ s",_i:! ¡; ~ .Š ~ eJ) 1!! eJ)'" e 13 .¡:: ~ =-ZO<; Agenda Item No, 16C7 December 14, 2004 Page 17 of 20 --~ <; ¡¡:.c s¿:å u ~ (.) ... ¡;.E .~ ~ '" '" <ª, .~ 5- ..... "'- '" '" Q.j Q.j s.;,¡ ¿Sbü "'.s ],.g= .g¡-.ß ~ ,...:..jð 01)..... 'õ ...9 .5 ~ ~~] "3~~ ð<!!l12 ~ .::: 1.) ::¡ » -E:-.:; ..., "'££ .;;¡ g!',) ",=,.'" '" 1š ~~ '': -r; é 5 ~ ~:e. "0'-"(..) .I!! ~ ~ ~~~ 2:!U.c '13 iš "E ::r~... ~ .5·3 II> 0' ::I '" U e<:;;; EO -;; ~ e .~ ji c.~;. ~.= := ...1.:..< =~~ ~ U3 Ö ..... ;¡" ,.;::, 0 ~ ~~~ 8"3 'E <U 'I.> -u~ ],go ""1;; &. is 0 0 .~ EX: ~ .S* fJ.) t: u -E '" ~ ... .b c ::: 11.>:::". 0 -s'gU at Q.j '15'.......-6 .8 S ,S <"J~ ~ ~æ~ !E «å g i:! :.E .- .g ~ ~ .- f""'<.. as Et'--~ e.,.; :g eJ)"<T 'I.> e ~ .c c.~ g .c ~ IL> Q ~ <CI -" '" IL> '~'; .., ... p.. "0 o:st:; ~C¿ "E '" ?; <: i o ¡.... ..................-- ..... 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'5 cr (1) (1) .c ..... i¡j - to o t~~ ¡CIII') zl&l SeE a: 1&1 = ::I~'" o 1:1 >u.ca. 01.1.1 !it;¡ ° woe ~u¡x l1li1&111.1 <~I!; l:I(þo: 1.1.1 Z . ~~... ~a:¡¡ z¡% !: ~ "'!SA. % II) ¡X eælt ::c~UoI uo·~ :¡>o z> Ai uo...z 01:1'" ~ t;ZCII UoIå( 8C11~ UoIe~ ¡:= ",::Iz ZCIIO :UoIu >- ¡xx¡;:¡ 2<· ..¡ %1.1.1 Z lII.ê~ 0 ::I Z IoU CII¡~ 111 :::> æ '" A. UZUol w a8r; Q >....... IX: !zo 2 1&111.1", :cZZ J: "'~fi 0 ....r:r:CII ..¡ 0::11.1.1 IoU >IIII~ III CI.:Eo: 8 lit III. r:r:w <~r; Sua: ~<It !¡f!lf¡1æ ~ti¡§ ::I~::I!: ~z8s Q8u", f!I < ¡:UoI~5 z~<~ ~I!;~O ... za:: Z '.o(CI. ~~za: %~1i:2 ~ :¡ ....- ~ 2! 0'> , ¡¡:¡ '" c .... cu Z 0'> < IU % c to ~ ~ 1:: t!:! Z 'È! 0 8 u III. ø.. 11.1 w 1:1 0 'õ Q. :ë ~ t1) ~ 01 c:: 'c S ~ "- .E t1) :E ïï'i c:: & V> ~ .!!! "- o ti e .... c:: o s¿ t1) ~ c:: e c;¡ t1) :5 ..,., <tI 0\ .E ë ::s 8 .'i ø 8 c /G C ü: >. ..0. c: 8- :¡ ~ ~ o a :ï.:t c cu E 0.. :; Z 'ª '5 go ... cu .J:: ....- '5 c. :ë VI ... QJ C ?: 0 c :§ r:! .?i .... ~ ~ c 8 ....... QJ .& c: œ ~ 5 '" IC C .Q 'Ö ~ C ( J E ( J C\ 10 C to ~ ~ ~ 0 5:. ( J .c .... >- ..Q ~ ..... aJ 0 ... '5 <.) Z ::.0 ... «S 0'> ¡:;.. ¡;:.;. ¡:; <.) § û ;!! ~ - .;, 0 Q -ò z '::: ¡:; E 0 u Eo <: ~ Q Agenda Item No. 16C7 December 14, 2004 Page 19 of 20 PROJECT MANAGEMENT PLAN 2004-05 INNOVATIVE RECYCLING GRANT RECYCLING FITNESS WALK October 2004 GOAL: To educate and encourage the public in both recycling and physical fitness activities by linking environmental and physical health, while incorporating the County park's focus on family-oriented physical activities with recycling and waste reduction in a highly visible, fun and accessible venue. BACKGROUND: The Solid Waste Management Act of 1988 set a goal that each county recycle and reduce its waste stream by 30 percent. To enable counties to achieve that goal the Florida Department of Environmental Protection has made grants available to support recycling education and encouragement. The Florida Legislature made available $150,000 for Innovative Recycling/W aste Reduction Grant projects for FY 2004-05. Fourteen applications were received. Collier County's Recycling Fitness Walk was awarded funding of $63,000. The Solid Waste Management Department has committed 11 % matching funds of $7,500 of the total project budget of $70,500. This is the first innovative recycling grant to be awarded to Collier County. DELIVERABLES: The Recycling Fitness Walk is a joint project between the County's Solid Waste Management and Parks and Recreation Departments. The project is designed to incorporate a County park's focus on family-oriented and physical activities with recycling and waste reduction education increasing the public awareness for the need to preserve the health and fitness of our environment. APPROACH: The Recycling Fitness Walk is a joint project between the Solid Waste Management Department and the Parks and Recreation Department. Equipment will be colorful, attractive and made from recycled material. Signs and equipment will be graffiti-proof as much as possible. The Recycling Fitness Walk will be located on about 1,000 square feet at Eagles Lakes Park. The Recycling Fitness Walk will be comprised of 12 recycling infonnational and exercise stations. Each station will have signage showing visitors how to perfonn a physical exercise with parallel information about recycling. Signs will also identify what recycled materials were used in construction of the equipment and what materials are included in the County's recycling program. Stations will be connected by a walkway surfaced with poured-in-pJace (solid) recycled tire material that will allow wheelchair access. Some stations will have recycled tire crumb material as a base for improved fall/trip safety. Animal-shaped collection containers will be placed in the walk for collection of recyclable materials. The walk will promote waste reduction and recycling by using recycled material in a highly visible, accessible and fun venue. Innovative Recycling Grant PMP September 2004 Page 20f2 Agenda Item No. 16C7 December 14, 2004 Page 20 of 20 PROJECT SUMMARY: Amount Granted: $63,000.00 Total Project Cost: $70,500.00 The Recycling Fitness Walk will be constructed with 12 exercise stations. Each station win consist of exercise equipment with signage tying the equipment to recycling and exercise. The signage and equipment will be made of recycled material. There wi11 be recycling receptacles located within the walk for the collection of cans and bottles. The walkway between the stations will be constructed of recycled tire materials. Public/Media Education: The media will be infonned at project completion through press releases and media contacts. The grant provides minimal funding for mentoring and sharing project creation and success with other county and municipalities. This will be done through presentations to industry groups such as the Southwest Partners (southwestern county/municipality infonnation sharing group), Recycle Florida Today and Solid Waste Association of North America. ACTION TlMELINE: · November 2003 - Innovative Grant application submitted for FY 2004-05. · June 2004 - Collier County Solid Waste Management Department was awarded the grant funds in the amount of $63,000 by FDEP · July 2004 - Board of County Commissioners approved acceptance for expenditure in FY 2004-05. · October 2004 - Prepare budget amendment for grant fund and assign a project number. · NovemberlDecember 2004 - Coordinate efforts with Parks and Recreation project manager, order equipment, signage and receptacles. · February/March/April/May 2005 - Site preparation and installation of Recycling Fitness Walk. · June/July 2005 - Completion of project. · July 2005 - Public/Media release of project information. · August 2005 - Submission of invoices for reimbursement from FDEP. Agenda Item No. 16CB Decernber14,2004 Page 1 of 3 "...- EXECUTIVES~Y Recommendation to award Bid #04-3721 for the hauling and disposal of lime sludge in the estimated annual amount of $200,000 for the South County Regional Water Treatment Plant OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid #04-3721 to ProLime Services Incorporated for the hauling and disposal of lime sludge from the South County Regional Water Treatment Plant. CONSIDERATION: The South County Regional Water Treatment Plant (SCRWTP) utilizes the lime softening process to treat water from the Tamiami Well field. A by-product of this treatment process is lime sludge which must be disposed of off site from the SCRWTP. . - Bid #04-3721 was posted on October 6, 2004 and fifteen (15) inquiries were sent to interested bidders. Three bids were received and opened on October 27, 2004 for this service. Staffhas reviewed the bids received and recommends award of Bid #04-3721 to ProLime Services as the lowest qualified responsive bidder. ProLime Services is the current vendor for this service through Contract #00-3105 and has a satisfactory performance history over their current four-year contract period with Collier County. FISCAL IMP ACT: The fiscal impact of the award of this bid is in the estimated amount of $200,000.00 per fiscal year for the hauling and disposal of lime sludge from the South County Regional Water Treatment Plant. The exact amount to be expended will depend on the demand for potable water and the amount of water produced through the lime softening portion of the SCRWTP. Funds are available in the County Water/Sewer Fund (408), which is funded by user fees. GROWTH MANAGEMENT IMP ACT: There is no growth management impact in the awarding of Bid #04-3721. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of.the Collier County Water-Sewer District, award Bid #04-3721 for the hauling and disposal of lime sludge to ProLime Services. Prepared by: Pamela Libby - Water Distribution Manager - Anenria Hern No 16CB De~embeï 14. 2004 Page 20f3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1E;CB Rccarnt¡;l!Ind;lion to i\'^,'srd Bid #04-2721 tOI Inc haulinç g,nd djij.p;3al ('I ¡¡lne' o;.!udge in the C''.5l1'Tiated arln.Ja! amount !:If $200,000 for the SOJth Rcgic11a:~"'.¡ater Tmatmcr;1 Plan, Meeting Date 12f14í2D04 8:0000 AM Approved B}' P.l\¡ Mattau5ch WaiN Dir~ctor Dat~ Public UtlUtlt!':io Water 11f30ì2DQ4 1:47 PM Appro'\'ed By lhomas '>N~de3 Operations Direçtor Date PUblic Utllltie.!i PubHc UUntle~ Opefatlpns. 11130(2004J:03 PM Approved By LYI! Woøct Purchasing Aget't Di!lte Adminì5iif~tiijif! Ser\lit:l!'1t PlJtr:hiJ;!õ¡og 111JOf20fl44:3'¡ PM Appro\.'cd B)' ÞumeJa Ubby W,Jfter Optfr<.UOIl5 MUIl..'fte. Date Public Ull\itìp.~ W¡¡1;N 1:it11200<t'l:'l2AM Approved BJ-' 5:teve Càmei! PUtch.a:un¡JiGert!:H41 S\'cs OIrec:tor Dute Admini'!itrativf'l 8~rvit1'1'1O PUH:h,1Sinlj 11J'lflO1J4 0:28 AM Approved By .hU11e¡; \''¡, Ol!l.¢nv PiJblic Utilities Aril'tllf!i~;tf¡lr.ut D.a!~ }\Jbiic; Utm~ies ¡"ubilc: UtJlitle!t Adm~lJistrliltion 12/112004 2:15 r~M Appro"ed By m,H} Coordin.:ltDr Administrative A$!'oi<;.tan.1 Date County Manager's Office Office cf M.anagement & EhJdgel 12111200"" 12:J () PM Approved By Ra.ndy (:ï:rcenwalcl M""ÃlgemrmtIHudÇ!~t An;:¡IV.$t Ol!ltit= C( unty MaT¡agcr's OffiCi!! Dffice (." rJ.ar¡agernenl & Budget 1213J200" 8;36 AM AplJroved B~' MichaeI5m,¡lkow:>.ld Management 8. BudiJct Olrf'c:tol' 0.'" County M.IInagi!f!i ON ç:e ()fn(:~ Qr M:IIna9~1n!!r1t & f3u¡Jg~! 1]1612(,)0' 9: 14 AM Approved By J.llnc> V. Mud¡j CuU/!t)' M3tIHtger Datt!! BO<Inl of Crmnty COlTlrn~~s.jo )ers Counl)l M¡¡f¡õ!lIJI!t'$ Of'fi.,t' nf7r.W04 7:36 PM B~œ(f') r..oo't! .. .- "': ~ -g '~<Í > o ._ z....... Q) E wlilo ~ <1J.D Q) c:: :.:::: E.S:2 f/) (\j <1Jõ Q) '1:) Uz C) C <1J CO <1J0 ~ O'J 0 <: CO D. OJ~ 1::0 ~N g?ø Q)....... -Q): :t: en~E ï..: 0 ::¡ ~O -g CO .. Q) 1::"0"0 co,$"O :2f/)« ts~ .!!1., Q) ~iÜ D.O -Q) C) "0 ::¡ ëñ Q) E ::¡ Õ ëü f/) o 0- f/) 15~ "00 c:N CO,..: C)N I:: ... := Q) ::¡.c CO 0 ;t:Ü ;"'0 N .. ....Q) (f')::¡ "';'0 OQ) :g1û cco Q) E ::¡ ~ D. ... JB ro 3:f/) ~ I:: .- ~ ~ 'C: Q) Q)en E « E § Q).. ..c:: CO :;:!::: o I:: enc?J ~ ~ o :ë ::¡ o - Q) - i:ñ I!? o Ü ~ I:: o U Q) :6 iÜ ãi en o 0- en 15 "0 c: a: zãi o 15 - E I- Q) ~a:: Dr:: Q) OC) U)"O W.:! ccn o 10 cO ~ >-~>- z o 0) N N ~ >-z>- o CO ~ >-zz z E. "0 Q) ..c:: o CO ~ Q) - i:ñ -- ~m =-c.8. 2: "0 .~ >-. Q) Q -.c::... -g~.E ¡¡::=::Q) "«f/) äš J!J m :Q 1~ "i ,$ Q) 0 i:ñD.'E -"oQ) CO Q) E i8 'g :B .~ Q) t» Qa::« >- >- z z >= - "0 Q) OJ "0 Q) ~ I:: ~ :i. CO "0 I:: Q) "0 "0 « I Q) 1-0 ~ I' 0 Q) o::I: I~ ~ I ~ en 1-1 .. i.. g¡ 11: Q) ,~ .51 1.<' ~, : I I I ì Agenda Item No. 16C9 Decernber14,2004 Page 1 of 12 Executive Summarv Recommendation to approve a South Florida Water Management District Local Governmental Agreement No. OT050868 in the amount of 5330,000 as partial funding for construction of the 16-inch Reclaimed Water System Interconnect, Davis Boulevard to Radio Road, Project Number 74035. OBJECTIVE: To receive approval of a South Florida Water Management District Local Governmental Agreement No. OT050868 to provide partial funding for construction of the 16" Reclaimed Water System Interconnect, Davis Boulevard to Radio Road. CONSIDERATIONS: On November 16,2004, the Board of County Commissioners approved submittal of a grant application to the South Florida Water Management District (SFWMD) under the FY 05 Big Cypress Basin Cooperative Water Resource Projects Grant Program for funds to offset the cost for construction of the 16" Reclaimed Water System Interconnect, Davis Boulevard to Radio Road project. Funds in the amount of $500,000 were allocated to Collier County for this year's round of grants from SFWMD. Of the $500,000, $330,000 was made available to the Public Utilities Division. - The project will increase the flows for the North-South reclaimed water interconnect, thereby helping us meet our ex.Ísting demands and increase our reliability and movement of flows to future ASR wells. The total project cost for construction is $891,225 which was approved by the Board of County Commissioners on October 26, 2004 as Agenda Item 16 (C) (2). Grant funding will help pay for the 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 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. The project must be completed within one year of execution of the agreement. FISCAL IMPACT: The total project cost is $891,225 and the grant funding is $330,000. The matching funds are available in the FY 05 Capital Budget approved by the Board of County Commissioners on September 23, 2004. Current appropriations for the total project cost are identified in the Sewer Impact Fee Fund (413), Radio RoadlDavis Boulevard 16-inch Reclaimed . Water Main Project (74035). Approval of a budget amendment is requested whereby this additional revenue will be recognized. Upon receipt, this additional revenue will be placed in the Grant Proceeds Account of Fund (413). The source of funds is Wastewater Impact Fees. GROWTH MANAGEMENT IMP ACT: The project supports the Growth Management Plan and the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10C on May 25,2004. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: ,- 1 Agenda Item No. 16C9 December 14, 2004 Page2of12 1. Approve the attached South Florida Water Management District Agreement OT050868 as partial funding for construction of the 16-inch Reclaimed Water System Interconnect, Davis Boulevard to Radio Road. 2. Approve any necessary budget amendments. 3. Authorize the Chainnan of the Board of County Commissioners to execute the Agreement after approval by the County Attorney's Office. PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering Department 2 Item Number Item summary Meeting Date Agenda Hem No. 16C9 Decemher 14. 2004 Page 301 12 COLLIER COUNTY BOf..RD OF cour~TY COMMISSIONERS 16C9 ReC"rnr¡1ttTHbti(,!'I t( ¡ r:prDv~ ,¡¡ SOiJtI) Flol'l(l<¡ W~lier' M.anallen1t~r¡t ¡),~,tT¡(:t t(jI~'IIG(lVttrnm~ntal ft.!,ret-.!'l'1enl i~,:¡. t]'! C5.')SB8 lor !)ort'H' !\.!n~lIIg I}f the 16··!h¡;i, Rl!'d<lll'11p.d W:~!er SV!'l~lrl Interr.onI'1Poc:t, Da\'i~ Boulevard t.;¡ R..dlo Ro,'j(j 12:14,'2004 9:GO:OO AM Ha.rry Hub~r Senio, Pfojfrcl MAn<tgt!" 11{;¿J,12t1M B:17:30AM Prepared By ~}ublic Utilities. Date Publlç UtBitles. EnglneerlnQ Appro,'ed By William D. Mullin. PE !'ub¡¡c Utlht ~s P,¡nc. øal P10ject ManAger DlIte Public Utilities E.ng~neetlnq 11124/20049;38 AM M(lr ~np. J. ~:oord ('j-ranls ('.oordlt¡ato, Dal~ AI)provcd By Admini~ulltl;¡~ SN'J¡C!!:h Adn¡iflistrutlVf! 5~r...i¡;e1l Admlt'l. 11124120\1410:24 AM Approved By $tt:ve Cam~1I Admin¡s1mti....~ St'H1¡jct!.'\. Purchasing/General S"'L".$ D!lecto' Ditle Porc.h.a.slt'lg 11J2912oo4 4:31 PM Approved By \o\)a'S'tewatl!r Olrector Oute JDtleþh B. Chc'itt¡;!I TI Publl" Utllitit!,'S W.U.1I."W.1tr.of ìf~lItmt~l1t 11!:l0120049:2.1 AM Lyn WDod Purcnasit1cj AgeTlt Dale Approved By Admini!>ttatlvc Sen/le!!'!:> P\lrchosiog 11;30r¿O{l4 2:30 PM Roy B. And~r$on, P.F.. PuÞlic \Jmm~\i Engine/iring Oirp,ctor Date Apl>TO"ed B~' Jublic UtlHt¡es JUblic Utlliti¢5 Engln~ermQ 11130/200.\ 5:48 PM Tt!oml\!i W1<if11s Oflflmtiorl\; Oirp.ctor Date Approved By ì1\Jb1ic UtiUties hID!!.:: UtilIties Operations 1211120048:59 AM J.1mM W. fkLnny Public Utilities Adminislr:HDr l)<I (t Appro"ed B~" Public UtlHt¡e-~ Public Utlllti.e-s AdmITlI.str.ation 12J1i~OO. 2:14 PM OMB COfU1:1inator Administrative As.sll>tant Date, AllProvcd By c.ounty \/i¡ntanr.r';¡. Offu:t' Orner. of Milnatjonl('lI! & ßudgr:t 1Z!~12DU411:00 AM Susan Usher Sel\!or Mal'tagem~'It1Bud\J~t ArI¡¡tI~'St D;ile Apprond By Count)' M~O~gl!f'¡; Offlc/t Offko!' of MalHJSlf!!lnfmt Ii. 8lJdg~f 12flin:00412~24 PM Mid\ltel Smyk.O\I'Jskl M;¡nage-Immt & Butlg~t Directul Date Approved By County Mananr.r's 01'lh~e OffICI! ('¡f M,1niJ!1{!ment &. BWj~ct 1}',/'j;20D44:2U P'M Approved By ,Jam!!:!; V. Mlu1n Board of County (';ommi:¡sl<:mll'r.. CnuflFy Miln.i(1l!r f);)I~ County Ml\nag~r's Office 12161ZIJ04 7:16 PM ~ 1 8 Agenda Item No. 16C9 December 14, 2004 ORIGrÑÎ(C SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OTOS0868 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY THIS AGREEMENT is entered into as of the the South Florida Water Management District (DISTRICT) and Collier County (COUNTY). by and between WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide [rnancial assistance to the COUNTY to construct a reclaimed water system interconnect; and WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the District at its January 12, 2005 meeting, approved entering into this AGREEMENT with the COUNTY; and NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for construction of a 16-inch reclaimed water system interconnect from Radio Road to Davis Boulevard. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of One (1) year. 3. The total DISTRICT contribution shall not exceed the amount ofTbree Hundred Thirty Thousand Dollars and No Cents ($330,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit HB", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of $330,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent tÍscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the Agreement No. OT050868 - Page 1 of 5 Agenda Item No. 16C9 December 14, 2004 Page 5 of 12 contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the tenn of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding limitation. 5. The COUNTY shall cost share in the total amount of $561,225.00 in confoxmity with the laws and regulations governing the COUNTY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date, unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all moIÚes due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) andlor successor(s) as required by the Exhibit "A", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible property. 9. The COUNTY, to th~ extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof The COUNTY represents that it is self-funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on beha1t~ and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further 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 Florida 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. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT sha11 be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not Agreement No. OTOS0868 - Page 2 of 5 Agenda Item No, 16C9 December 14, 2004 , , fi th' 'h d bl' , fi rth' th' G PaQ.e_6 of 12 assign, delegate or otherwIse trans er elf ng ts an 0 Iganons as set 0 In IS A REEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to tlùs AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) clays oftermination. 15. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of inj1mctive or other relief as provided by law, shall be upon the COUNTY. 16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The COUNTY shall simi41rly require each subcontractor to maintain and allow access to such records for audit putposes: A. Maintenance of Records: The COUNTY shall maintain all financial and non-fmancial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date oftbis AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirement¡¡ of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain a11 financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSF A) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year Agreement No. OT050868 - Page 3 of 5 Agenda Item No. 16C9 December 14, 2004 B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the fta~~~ 7 of 12 Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the COUNTY's financial and non·fmancial records to the extent necessary to monitor the COUNTY's use of state or federal fmancial assistance and to detennine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Collier COUDty Attn: Ananta Nath, Project Manager Telephone No. (239) 597-1505 ext. 7607 Attn: Harold Huber, Project Manager Telephone No. (239) 530-5341 Attn: Rupert Giroux, Contract Specialist Telephone No. (561) 682-2532 Address: 3301 Tamiami Trail Napl;es, FL 34112 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 19. COUNTY recognizes that any representations. statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit ofand shall be binding upon the parties, their respective assigns, and successors in interest 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other tenn or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent pennitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provlSlon of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from perfoffiÚng any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shan be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a .....aiver of any ot.~er provision. No waiver shaH constitute a continuing waiver. unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 25. TIùs- AGREEMENT states the entire understanding and agreement between the parties and supersedes any and al! written or oral representations, statements, negotiations, or agreements previously existing bem'een the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: Agreement No. OT050868 - Page 4 of 5 (a) Terms and Conditions outlined in preceding paragraphs 1- 24 (b) Exhibit "A" Statement of Work (c) all other exhibits, attaclunents and documents specifically incorporated herein by reference Agenda Item No. 16C9 December 14, 2004 Page 8 of 12 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date rust written above. SOUTH FLORIDA WATER MA.~AGEMENT DISTRICT By: Frank Hayden, Director of Procurement SFWMD PROCUREMENT APPROVED BY'Cþ ~~~~ Date: ~ COLLIER COUNTY By: Agreement No. OT050868 - Page 5 of 5 ExmBIT "A" Agenda Item No. 16C9 December 14, 2004 Page 9 of 12 STATEMENT OF WORK AGREEMENT NUMBER OT050868 COOPERATIVE AGREEMENT WITH COLLIER COUNTY FOR PARTIAL F1JNDING OF 16" RECLAIMED WATER SYSTEM INTERCONNECT, DAVIS BL YD. TO RADIO ROAD A. INTRODUCTIONIBACKGROUND Collier County has requested partial funding for implementation of the County's 2001 Wastewater Master Plan Update 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. The Basin's share of funding request is $330,000. B. OBJECTIVES The result of this construction will increase the flows for the North-South 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 nom 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 Deliverable - Copy of Project Plans and Specifications Task 2 - Construction Deliverable - Set of as-built plans signed and sealed by a Florida registered P.E. I I 1 Page 1 of I, Exhibit "A", Agreement OT050868 · , EXHIBIT "B" Agenda Item No. 16C9 December 14, 2004 Page 10 of 12 PAYMENT AND DELIVERABLES SCHEDULE Task Deliverable Date due Proiect Cost District Not- To- Exceed Amount 1 Project Plans and Specifications Completed $ 75,000.00 $0 2 Set of as-built plans signed and sealed 8/15/05 $891,225.00 $330,000.00 by a Florida registered P.E A lump sum amount of $330,000 will be paid to the County upon completion of construction and submission of a set of as-built plans signed and sealed by a Florida registered P.E. Page 1 of 1, Exhibit "B", Agreement OT050868 . . I U ¡..... ¡:a æ ~ ö z ~ o ..J ..J o ¡.¡.. ~ :I:: ¡..... ¡.¡.. o ¡.... r:J) - r:J) 5 U ¡.... ~ ::;E ~ ~ c <: r:J) æ ¡.... o ¡.... ¡.... z <: ;::> r:J) ~ ;:¡ ~ >- ¡.... ¡:: Z \.t.1 \.t.1 ::I: ¡.... o ¡.... o \.t.1 ~ <: ~ <: rn o Š ¡.¡.. § .. ;> 1¡j .... B ï::: ~ sg..~ 00 .... 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C)C::1t) C)0CW) ~C) v)CÞ~ N_ ~.s ¡ ""'e.Q 0) e =.æ::s .... ~ ~ o(/)_ - u c:: ¡ CÞ ::s _ .Õ' ~~Q: CIS 'tJ 1i II) cþ \;. ße~ c:: .¡ ..!! .... - ::s (j~o .sit OJ c o - - (J c( 'tJ CÞ 'tJ C CÞ E E o (J CÞ a: Agenda Item No. 1601 December 14, 2004 Page 1 of 8 -- EXECUTIVE SUMMARY Recommendation to approve the purchase of two residential lots from Kenneth and Eileen Clawson for expansion of the County's Bayview Park at a cost not to exceed $22,070, Proj ect 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 16DI, 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 Kenneth and Eileen Clawson to purchase Lots 47 and 48 in Naples Bayview Addition on Danford Street for $20,000. Real Estate Services' staff appraiser gave the value at $20,000. These lots are shown crosshatched on the attached aerial. --- The results of a Task I Environmental Assessment/Site Audit performed by the County's Pollution Control Department are 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. FISCAL IMPACT: Tbe total cost of acquisition should not exceed $22,070 ($20,000 for the property, $1,470 for the Environmental Assessment/Site Audit, and approximately $600 for a title commitment, title policy, 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. RECOMMENDATION: That the Board of County Commissioners: I. Approve the attached Agreement for Sale and Purchase; and 2. Authorize the Chairman to execute the Agreement on behalf of the County; and --- -""""---~' Agenda Item No. 16D1 December 14, 2004 Page 2 of 8 EXECUTIVE SUMMARY Purchase of lots from Kenneth and Eileen Clawson - Bayview Park Page 2 3. Waive the requirement for a formal, independent appraisal report In accordance with the provisions of Chapter 125.355, Florida Statutes; and 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: Thomas A. Deus~ Property Acquisition Specialist Real Estate Services / Facilities Management Department ..........., "..-' Agenda Item No. 1601 December 14, 2004 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 1601 Recommendation to approve the purchase of two residential lots from Kenneth and Eileen Clawson for expansion of the County's Bayview Park at a cost not to exceed $22,070. Project 80060. 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Thomas Deusa Property Acquisition Specialist 11130120041:14:14 PM Administrative Services Real Estate Services Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 11130/20041:21 PM Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 11130120041:36 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 11/30120042:15 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/1/20044:35 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1212/200411:38 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/612004 1 :38 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1216/20044:03 PM Approved By James V. Mudd County Manager Date -_..._~.- Agenda Item No. 1601 December 14, 2004 Page 4 of 8 Board of County Commissioners County Manager's Office 12/7/20041:41 PM Agenda Item No. 1601 December 14, 2004 Page 5 of 8 PROJECT: Bayview Park Addition FOLIO NO: 13400200002 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this -!l-lit- day of _S£i¡I--V , 2004, by and between KENNETH C. CLAWSON, JR. and EILEEN A. ;éLAWSON, as joint and individual Trustees of the KENNETH and EILEEN CLAWSON Joint Trust, dated February 26, 2002, (hereinafter referred to as "Owner"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID/I" whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and assigns (hereinefter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described as follows (hereinafter referred to as the "Property"); Lots 47 and 48, NAPLES BAYVIEW SUBDIVISION, a subdivision according to the plat thereof as recorded in the public records of Collier County, Florida. Plat Book 2, Page 91. More specifically described as land lying on east side of Naples Bay, located on the north side of Danford Street, East of Bayview Park and immediate west to the City limits, OR Book 1478, Page 2293. 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; r..Jov,¡ THEREFO~E, in ccn8ide:'at:c~ ~f these premi~es the ~um of Tl?n Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of \vhk:h is h9reby mL'tU<"ny acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $20,000.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs. improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, huwever, that Purchaseï shall havð the ur,ilateral right to extend the term of this Agreement pending receipt of such instruments, properly exe~ut'?d; V'.lh!c.h e!th'?r rem')·.''? ~r re~-9a!:e :r.y ~.nd at! suc~ Her:s enc1Jmbre.nces o!' 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. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Pu rchase Agreement Page 2 Agenda Item No. 1601 December 14,2004 Page 6 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, Florida. 6. Purchaser shall have thirty (30) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demuCking, soil stabilization or foundations. 2. There are no abnorr:1a! dminaçe 'J~ 0rwire-nmenta! refJuirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Owner prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Owner in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Section shall be deemed waived. 7. 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 spili or environmental iaw violation all any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that ¡h6 O,';õ,cr h:::.c: not reC'ei'.'E'rl notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of tille. , 8. 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 7. This provision shall survive Closing and is not deemed satisfied by conveyance of !ille 9. The Purchaser shall pay for a1l costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing früm i1l0ïtgâgee(sì, â,-,(Ì racoít,;ifíg in the pllbiic recOíds 0; CoHi6,', County, 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 title commitment shall be paid by Purchaser. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, pèrsonal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Agenda Item No. 1601 December 14, 2004 Page 7 of 8 Purchase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ~ , y ,2004. ! Date Property acquisition appròved by BCC: AS TO PURCHASER: DA TED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: DONNA FIALA, Chairman AS TO OWNER: '.-l-~tt;- r3 I K NETH C. CLAWSON. JR., Individually and as Trustee ~¡j,U G.. O(J'ù ¡0\-- itnes~JSignature) =- Name: 00...,1<.. f-¡ Dc...vvo'l J (Print or Type) c \ I C' ( è-c ~~ ) \~~~ EILEEN A. CLAWSON, Individually and as Trustee Approved as to form and legal sufficiency: t4~~' / ELLEN T. CHADWELL , Assistant County Attorney Bayview Park Agenda Item No. 1601 Oecernber14,2004 Page 8 of 8 LEGEND I Collier County Acquired 7-15-2004. ~ Clawson parcel to be acquired if approved BCC meeting 12-14-04. N A Courtesy of: Sharman Veger. Real Estale Services Agenda Item No. 1602 December 14, 2004 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve the purchase of two residential lots from Bernadette M. Lemelin for expansion of the County's Bayview Park at a cost not to exceed $16,365, 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 16Dl, the Board authorized staff to utilize real estate incentives to encoumge land and homeowners to sell to the County. Staff has negotiated an agreement with Bernadette M. Lemelin to purchase Lots 33 and 34 in Naples Bayview Addition on Danford Street for $15,000. Real Estate Services' staff appraiser gave the value at $17,000. These lots are shown crosshatched on the attached aerial. ,- The results of a Task 1 Environmental Assessment/Site Audit perfonned by the County's Pollution Control Department are 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. FISCAL IMPACT: The total cost of acquisition should not exceed $16,365 ($15,000 for the property, $765 for the Environmental Assessment/Site Audit, and approximately $600 for a title commitment, title policy, and recording of related documents). Funds are available in Parks Capital Projects Fund 306 ûom money that was donated in September 2003 from Heritage Bay. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Agreement for Sale and Purchase; and 2. Authorize the Chainnan to execute the Agreement on behalf of the County; and ,- ".«< "H'__,*l_""""~' Agenda Item No. 1602 December 14, 2004 Page 2 of 14 EXECUTIVE SUMMARY Purchase of lots from Bernadette M. Lemelin - Bayview Park Page 2 3 . Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and 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: Thomas A. Deusa, Property Acquisition Specialist Real Estate Services / Facilities Management Department ~._.~ ,- Agenda Item No. 1602 December 14, 2004 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16D2 Recommendation to approve the purchase of two residential lots from Bernadette M. Lemelin for expansion of the County's Bayview Park at a cost not to exceed $16,365. Project 80060. 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Thomas Deusa Property Acquisition Specialist 11/30/20041:14:31 PM Administrative Services Real Estate Services Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 11/30/20041:22 PM Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 11/30/2004 1 :45 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Managemont 11/30/20042:15 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/1/20044:38 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/2/2004 11 :41 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/6/2004 1: 35 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 3:41 PM Approved By James V. Mudd County Manager Date Agenda Item No. 1602 December 14, 2004 Page 4 of 14 Board of County Commissioners County Manager's Office 12/7/2004 1:44 PM Agenda Item No. 1602 December 14, 2004 AGREEMENT FOR SALE AND PURCHASE Page 5 of 14 THIS AGREEMENT is made and entered into by and between BERNADETTE M, LEMELIN, hereinafter referred to as "Seller"), and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida. and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00). the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purct¡ase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase ' from Seller the Property, described in Exhibit 'A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Fifteen Thousand and 00/100 Dollars, ($15,000.00) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances. exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. Agenda Item No. 1602 December 14,2004 3.0114 A W-9 Form, "Request for Taxpayer IdentlficJilI5~e ~rfd 14 Certification" as required by the Internal Revenue SeNice. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to SeUer and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties, or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (AL T A Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 " Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title In the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election Agenda hem No. 16D2 December 14, 2004 by Purchaser to accept the exceptions- to title as shown in p~ f.tfèf 14 commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "Au, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property Is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period. written notice of its intention to waive the app!icable contingencies or 10 terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of Inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and Its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soli borings and aU other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. SeUer shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entilled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's tax, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agenda Item No. 1602 December 14, 2004 Agreement by giving writlen notice 'of termination to Seller.' Purchaser ~§Jd 14 the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presenlly the subject of a pending, threatened or contemplated bankruptcy proceeding. 10,012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary, 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full pertormance and discharge of every agreement and obligation on the part of the SeUer to be performed pursuant to the provisions of this Agreement. 10,014 Seller represents that It has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that it has no knowledge that any pollutants are or have been discharged from the Property, directly or indireclly into any bOdy of water. Seller represents the Property has not been used for the - Agenda Item No, 160'2 December 14, 2004 productlon,handling, storage, transportation, manufacture or di~'19cØf 14 hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any' other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that it has no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal. State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws. ordinances, codes or regulation with which Seller has not complied, 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning .regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits. actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor Is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condiUon of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any noUce or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. ., 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. - 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Agenda Item No. 1602 December 14, 2004 Response, Compensation, and Liability Act of 1980, 42 U.S.C. Se&~1ièp'f 14 et seq., ("CERCLA" or "Superfund"), whtch was amended and upgraded by the Superfund AmendmAnt and Reauthorization Act of 1986 (·SARA "), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile transmission with transmittal confirmation, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: With a copy to: If to Seller: " Collier County Real Estate Services Attn: Thomas A. Deusa Building F, 41h Floor 3301 Tamiami Trail East Naples, Florida 34112 FAX: (239) 774-8876 TELE: (239) 774-8073 Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Building F, 81h Floor 3301 Tamiami Trail East Naples, Florida 34112 Bernadette M. Lemelin 361 Gingras #311 Ste Fay, Quebec CANADA G1X 4H4 TELE: (418) 877-8937 11.02 The addressees, addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice Is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnity Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to Ihe benefit ,-. Agenda Item No. 1602 Oecernber14,2004 of and be binding upon the parties hereto and their respective heirs. ~Qêu1drS;f 14 personal. representatives, successors, successor trustee, and assignees _ whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. '. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to Include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the ·offer· to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 1""--' 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. -------". _____H'_______·· Agenda Item No. 1602 December 14, 2004 Page 12 of 14 INWITNESS WHEREOF, the parties hereto set forth their hands and seals. Date Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Donna Fiala, Chairman AS TO SELLER: DATED: t;l-Cc/ )3~, '*/('Í 01~-eA y-' ( Ignature) BY: ~~.w.4dH(PiT11~t ¡;,??,(.{~;" Bernadette M. L ' Approved as to form and legal sufficiency: ~C:J~ Ellen T. Chadwell Assistant County Attorney -----..-.. Agenda Item No. 1602 December 14, 2004 Page 13 of 14 Exhibit "A" Legal Description: LoIs 33 and 34, Naples Bayview, A subdivision according to the Plat thereof as recorded in the Public Records of Collier County, Florida; Plat Book 2, Page 91. Agenda Item No. 1602 Oecernber14,2004 Page 14 of 14 Bayview Park LEGEND I Collier County Acquired 7-15-2004. ~ Lemelin parcel to be acquired if approved BCC meeting 12-14-04. N A Courtesy of: Sharman Veger, Real Estate Services Agenda Item No. 1603 December 14, 2004 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the purchase of two residential lots from Andrew and Anne Lena for expansion of the County's Bayview Park at a cost not to exceed $2.2,070, 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 l6Dl, 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 Andrew and Anne Lena to purchase Lots 49 and 50 in Naples Bayview Addition on Danford Street for $20,000. Real Estate Services' staff appraiser gave the value at $20,000. These lots are shown crosshatched on the attached aerial. "",,-"< The results of a Task 1 Environmental Assessment/Site Audit perfonned by the County's Pollution Control Department are 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. FISCAL IMPACT: The total cost of acquisition should not exceed $22,070 ($20,000 for the property, $1,470 for the Environmental Assessment/Site Audit, and approximately $600 for a title commitment, title policy, and recording of related documents). Funds are available in Parks Capital Projects Fun 306 from money that was donated in September 2003 from Heritage Bay. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Agreement for Sale and Purchase; and 2. Authorize the Chainnan to execute the Agreement on behalf of the County; and ""'.......... Agenda Item No. 1603 December 14, 2004 Page 2 of 8 EXECUTIVE SUMMARY Purchase of lots from Andrew and Anne Lena - Bayview Park Page 2 3. Waive the requirement for a formal, independent appraisal report In accordance with the provisions of Chapter 125.355, Florida Statutes; and 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: Thomas A. Deusa, Property Acquisition Specialist Real Estate Services I Facilities Management Department ,,,f-' Agenda Item No. 1603 December 14, 2004 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1603 Meeting Date Recommendation to approve the purchase of two residential lots from Andrew and Anne Lena for expansion of the County's Bayview Park at a cost not to exceed $22,070, Project 80060. 12/14/20049:00:00 AM Prepared By Date Thomas Deusa Property Acquisition Specialist 11/30/2004 1: 12 :44 PM Administrative Services Real Estate Services Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 11/30/2004 1 :23 PM Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 11/30/20041:36 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 11/30/20042:14 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/1/20044:40 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/2/2004 11 : 44 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 12/6/2004 1 : 32 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 4:02 PM Approved By James V. Mudd County Manager Date Agenda Item No. 1603 Oecernber14,2004 Page 4 of 8 Board of County Commissioners County Manager's Office 12/7/20041:49 PM Agenda Item No. 16D3 Decernber14,2004 Page 5 of 8 PROJECT: Bayview Park Addition FOLIO NO: 13400240004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of , 2004, by and between ANDREW LENA and ANNE LENA, husband and wife, as joint tenants with full rights of survivorship, (hereinafter referred to as "Owner"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, whose mailing address is 3301 Tamiami Trail East, l\Iapls:i, Florida 34í1~, and assigns (hEHeinè:lfier referred \0 as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described as follows (hereinafter referred to as the "Property"); Lots 49 & 50, NAPLES BAY VIEW SUBDIVISION, located in Section 22, Township 50 Range 25 of the Public Records of Collier County, Florida. 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. Owne~ sr::l!l,:on'/ey the Property to Purchaser for the sum of $20,OOO.JO, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, inctuding all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, 10 Purchaser on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date 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 qualifications affecting Purchaser's enjoyment 01 the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Own,?r shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveì':lr.co of tho Property by O'Nnor ¡n con(!r.gent upor: no othgr proviskms, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Purchase Agreement Page 2 Ag·end:~'·it~ri,' No. 1603 Oeceniber14,2004 . . Page 6 of 8 6. Purchaser shall have thirty (30) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Owner prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser falls to notify the Owner in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Section shall be deemed waived. 7. 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 g(,nsratioti, storage, trGatment, sp!!l or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. 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 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title 9. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or salisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a ti\le commitment shall be paid by Purchaser. i O. This Agreement and the terms and provisions ht::lreof shali be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Agenda Itért1 No. 16D3 Decernber14,2004 Page 7 of 8 _ Purchase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of ., 2004. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: DONNA FIALA, Chairman AS TO OWNER: aL :L- ANDÄÉW LEÑA ~ûOR(cle(" Witnes~urõZ . Name: e \ r\Q~, (Print or Type) C2 ¿ ,,1' ~ ANNE LENA- c2ì a ~L.~-, Witness (Signature) Name: )...;' Q 'ba ul ~ (Print or 'f ype) Approved as to form and legal sufficiency: J/,I-L V ~ "ELLEN T. CHADWELL Assistant County Attorney -_._~.. Agenda Item No. 1603 Oecennber14,2004- Page 8 of 8 Bayview Park LEGEND I Collier County Acquired 7-15-2004. § Lena parcel to be acquired 12·30-04 if approved BCC meeting 12-14-04. N A Courtesy of: Sharman Veger. Real Estate Services Agenda Item No. 16D4 Decernber14,2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an Agreement to Transfer Assets and Release Sanctuary Skate Parks-Collier, Inc. from an existing Skate Park Conces.lon Agreement Oblectlve: To provide for continuous and improved service at the skate park at East NapresComnrunnyPark Considerations: Collier County and Sanctuary Skate Parks-ColHer, Inc. entered into a concession agreement for the skate park at East Naples Community park on August 26, 1997. This agreement was amended August 25,2002. Sanctuary Skate Parks-Collier, Inc. wishes to tenninate the concession agreement and be released from all further obligations. Under the terms of the Agreement to Transfer Assets and Release, Sanctuary Skate Parks-Collier, Inc. will transfer all retail inventory, fixtures, and equipment to Collier County. Sanctuary Skate Parks-Collier, Inc. ceased operations at the skate park September 30, 2004. Since then, the Parks and Recreation Department has been operating the skate park on a limited basis (noon to 6 pm Saturdays and Sundays) to assess participant interest and fonn\Ùate a business plan for the future of the facility. Fiscal Imoact: Revenue associated with the concession agreement in the amount of $4,800 is budgeted within the East Naples Community Park budget for Fiscal Year 2005 (Fund 111). Actual remittances for Fiscal Year 2004 were $3,141. The transferred merchandise is valued at $8,000. Growth Manaaement ImDact: The facility is inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners approves an Agreement to Transfer Assets and Release Sanctuary Skate Parks-Collier, Inc. from an existing Skate Park Concession Agreement and authorizes the chainnan to sign. PreDared by: Amanda Townsend, Operations Analyst, Parks and Recreation ""--.... Agenda Item No. 1604 December 14,2004 Page 2 of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16D4 Recommendation to approve an Agreement to Transfer Assets and Release Sanctuary Skate Parks-Collier, Inc. from an existing Skate Park Concession Agreement. 12/14/2004 9:0000 AM Item Number Item Summary Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 12/1/200411:46 AM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 12/1/2004 1 :48 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/1/20044:44 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/2/2004 11 :09 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/2004 9:48 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 8:38 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/7/2004 3:59 PM Agenda Item No. 1604 Oecernber14,2004 Page 3 of4 AGREEMENT TO TRANSFER ASSETS AND RELEASE AND NOW, this day of ,2004, this AGREEMENT TO TRANSFER ASSETS AND RELEASE is made and entered into between Sanctuary Skate Park - Collier, Inc. a Florida corporation, and Sanctuary Skate Parks USA, Inc., a Florida corporation, (hereinafter, collectively, "Sanctuary") with an address of 1000 Buffalo Road, Lewisburg, P A 17837, and Collier County, a political subdivision of the State of Florida, (hereinafter, "County"), with offices at 3300 Santa Barbara Boulevard, Naples, Florida 34116. WHEREAS, the County and Sanctuary have executed a certain "Skate Park Concession Agreement," dated August 26, 1997, as amended August 25, 2002 (hereinafter, "Agreement"), providing for the management by Sanctuary of the County's skate park, provision of related retail management services and compensation to the County; WHEREAS, Sanctuary desires to terminate the Agreement and be released from further obligation thereunder; WHEREAS, the County agrees to terminate the Agreement and to release Sanctuary from further obligation thereunder, upon the terms and conditions set forth herein; THEREFORE, the Parties agree, intending to be legally bound, as follows: 1) The Agreement is tenninated, effective September 30, 2004; 2) Sanctuary will provide a fInal accounting and payment to the County in accordance with the Agreement on or before October 30, 2004; 3) Sanctuary hereby transfers to the County, or its designees, all retail inventory, fixtures and point of sale items, equipment, including computers (excluding software), facsimile machines and telephones, which are located at the County's East Naples Park Skate Park. Sanctuary warrants that title to said property is transferred free and clear of any liens or obligations, but with no other warranty; 4) Sanctuary will provide the County or its designee with copies of all signed liability waivers and membership mailing lists. (Said waiver specifIcally lists the County as a "Releasee" from liability for participants' injuries.); 5) The County hereby releases Sanctuary, its present and future affiliates and their shareholders, directors, officers and employees, from any and all claims and liabilities whatsoever, including without limitation those relating to the Agreement, the operation of the Business and the actions andlor omissions of Sanctuary in connection therewith, except Sanctuary's duty of indemnifIcation as set forth in Paragraph 34 of the Agreement shall survive said release for any and ... Agenda Item No. 16D4 Decennber14,2004 Page 4 of 4 all claims and liabilities arising out Sanctuary's operation of the skate park which occurred prior to October 1, 2004. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement on the date fIrst written. A TIEST: Board of County Commissioners Collier County, Florida By: Name: By: Name: (SEAL) Sanctuary Skate Park - Collier, Inc. By. * Nam¡tDaIe L. iller Title: President Sanctuary Skate Parks USA, Inc. ~' By: N7Da1e L. iller Title: President Address: Title: A TIEST: BY:~ Namé: Brett R. Barrick Title: V.P., Corporate Operations AT~ By: . NaM'e: Brett R. Barrick Title: V.P., Corporate Operations Agreement to Transfer and Release (SEAL) 2 EXECUTfVESU~Y Agenda Item No. 1605 December 14, 2004 Page 1 of 4 - Recommendation to enter into agreement. to provide existing funding of 550,000 for operational expenses associated with the Collier County Medical Society development of the American Project Access Network of Collier County a coordinated, integrated system of accessing health care for uninsured citizens of Collier County. OBJECTIVE: That the Board of County Commissioners approves negotiating an agreement with the Collier County Medical Society developing the American Project Access Network of Collier County by using existing funds associated with the Human Services Department. CONSIDERATIONS: Health Planning Council of Southwest Florida, Naples Community Hospital, HMA, Cleveland Clinic, Collier Health Services, Inc., Collier County Health Department, Senior Friendship Center, The Collier County Medical Society, The David Lawrence Center and the Collier County Human Services Department have worked together in a collaborative fashion for the last 12 months to plan and organize a system of care that recognizes the charity care provided in the community and to develop a more effective system of providing access to individuals who are uninsured and have the need for medical care. - Recently, consultants associated with the American Project Access Network (APAN) met with these community agencies to propose reorganizing current charitable care to be a unified community approach to providing access. Dr. Suzanne Landis, President of the Board of APAN and Joshua Kaufman, Executive Director of AP AN met with community leaders to begin the process of this reorganization. A 501~(3) is fonned under the current ''We Care" designation and an organizational meeting was held November 30, 2004 to select a board of directors for the new American Project Access Network of Collier County. Currently, there exists a balance of $543,000 at Naples Community Hospital as of September 30, 2004 from the county's participation in the Upper Payment Limit Program. These funds must be expended on health related programs and are being used to offset FY 05 expenditures. These funds cannot be returned to the county as cash payments. The current agreement between Collier County and Naples Community Hospital is that the: "Hospital agrees to fund other health related programs and services as directed by the County." These carryover funds have resulted from the Horizon's Primary Care Clinic treating Collier County residents who traditionally have sought medical assistance at the Human Services Department. These funds are being used to pay for FY 05 obligations from the Human Services Department, but a swplus in excess of $50,000 is anticipated. The creation of the APAN network will reduce exposure for the Human Services Department in creating greater efficiencies for individuals served through its current programming. The network will track charity care in the community and is anticipated to be online within 9-12 months. .- Operational expenses of $50,000 are needed to employ the Executive Director of the American Project Access Network of Collier County for a period of January 1,2005 through September 30, 2005. The organization has received funding from Collier County United Way of $35,000 to purchase the services associated with the AP AN consultants and the Collier County Health Department currently is providing $14,000 for salary expenses of the Executive Director through Agenda Item No. 16D5 Decennber14,2004 January 1, 2005. The organization is also seeking funding through the Commwrity Foun8a'åo~ of 4 of Collier County. FISCAL IMPACT: There is no fiscal impact. The $50,000 will be invoiced by the American Project Access Network of Collier County and paid from the surplus funds remaining at Naples Community Hospital. GROWTH MANAGEMENT PLAN: There is no Growth Management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners approve entering into an agreement with the Collier County Medical Society for operating the American Project Access Network of Collier County for $50,000 for the period of January 1, 2005 through September 30, 2005. Prepared by: Barry Williams, Director, Hwnan Services Department <,.....'.- ,.,.-.-.. Agenda Item No. 1605 Oecernber14,2004 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 1605 Recommendation to enter into agreement to provide existing funding of $50,000 for operational expenses associated with the Collier County Medical Society development of the American Project Access Network of Collier County a coordinated. integrated system of accessing health care for uninsured citizens of Collier County. 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Barry Williams Human Services Director 11/30/200410:52:05 AM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 11/30/20044:35 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/2/20045:37 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1213/200410:36 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/200411:12 AM Approved By Michael Smykowskl Management & Budget Director Date, County Manager's Office Office of Management & Budget 12/6/2004 8:45 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/7/20043:20 PM It)'<;I",<; - 00- (,DO 0 ...-N'<;I" 0'<;1"- 0> Z::g' ~ ~2o.. I' '\ == E '-J ~~ ~'\ 0>0 \J,J g: ., ~ ~ 8 d ~ = §8 u ~ .t:: (1) (1) .~ d f ~ ' I <8 ~ ~ o 0 = rJl o rJl .~ (1) ~ u ,..J U '0 < > ~ Agenda Item No. 16D6 December 14, 2004 Page 1 of2 ..- EXECUTfVESUNrndARY Recommendation to approve a budget amendment in the amount of $300,183 to ensure continuous funding of the Older Americans Ad grant. OBJECTIVE: To amend the operating budget of the Older Americans Act to reflect FY04 continuation funding levels to allow for 1.U1Ïntenupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors program has been providing in-home support services to Collier County's frail elderly for the past 30 years through the Older Americans Act program. Historically, Collier County Services for Seniors receives the continuation contracts during the latter part of December for the upcoming grant cycle. The grantor agency, Senior Solutions of Southwest Florida, has guaranteed that the grant will be funded at no less than the FY04 allocation. When fInal contracts are received in late December 2004, budget amendments will be prepared to reflect the actual allocation. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. .- FISCAL IMPACT: The total grant amount of 5869,125 is funded from the State of Florida grants and aids appropriation administered by Senior Solutions of Southwest Florida, an Area Agency on Aging. Of the total grant award, 5300,183 will require budget amendments to recognize the direct funding portion of the County for administration, transportation, and case management The remaining 5568,942 will be retained by Senior Solutions who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. A total ofS45,100 in local cash matching funds was approved in the FYOS budget as a contribution from the General Fund (001) to Services for Seniors (123) RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendments to ensure continuous funding of the Older American Act grant Prepared by: Terri Daniels, Grant Supervisor, Human Services Department --- .--"~«-""""""'~" ..'~,.,' ~, ....,..~. .,."." Agenda Item No. 1606 December 14, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16D6 Recommendation to approve a budget amendment in the amount of $300,183 to ensure continuous funding of the Older Americans Act grant. 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Terri A. Daniels Grants Coordinator 12/1/20049:14:50 AM Public Services Human Services Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/3/20043:57 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/3/20044:55 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/2004 5:02 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 11: 53 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/7/20049:23 PM Agenda Item No. 1607 Oecennber14,2004 Page 1 of 9 -' EXECUTIVE SUMMARY Reeommendation to approve a Lease Agreement with Southwest Heritage, Ine. for use of the Naples Railroad Depot as a braneh faeility of the Collier County Museum at an annual rent of $1, staffing and operations eost of $200,800, building improvements and repain of 5250,000, and exhibit development eosts of 585,000. OBJECTIVE: To obtain approval from the Board of County Commissioners for a Lease Agreement with Southwest Heritage, Inc., to operate the Naples Depot, an historic property located at 1051 Fifth Avenue, as a branch facility of the Collier County Musewn. ,- CONSIDERATION: On May 25, 2004, the president of the Board of Directors of Southwest Heritage, Inc. appeared before the Board of County Commissioners under public petition, to offer the County a long-term lease of the Naples Depot, the associated railroad cars and parking lot, for the purpose of establishing a branch facility of the Collier County Museum in downtown Naples. The Board considered the matter on September 21, 2004 and directed staff to return with operating, repair and development estimates for a Musewn satellite facility, and to negotiate a lease with Southwest Heritage, Inc., with a longer term than was originally proposed. Accordingly, the Museum Director, with assistance from Real Estate Services and the County Attorney's Office, has negotiated a Lease with Southwest Heritage, Inc. ('Landlord') in order to occupy, staff and operate the Naples Railroad Depot and develop the property as a branch of the County's Musewn system with pennanent exhibits that trace the history of Naples and Collier County and the importance of transportation to the settlement of the Southwest Florida frontier. The property is a registered, national historic landmark. The Lease allows the County use of the entire property, consisting of a one-story building of approximately 8,000 square feet, three (3) vintage railroad cars and a parking area. The term of the lease is set for thirty (30) years with two (2) renewal terms of thirty (30) years each. The rent shall be one (1) dollar per year throughout the life of the lease. The CmUlty reserves the right to terminate the Lease at any time by providing a 180 day written notice to the Landlord. The County may, if deemed appropriate, charge admission to the musewn or museum events and all proceeds shall go towards the operation and development of the facility. The Lease excludes one (1) gallery known as the "Lionel Room" which houses a collection of model trains owned by the Landlord, and a freestanding exterior structure or "engine house" which supplies power to the miniature train ride located around the exterior perimeter of the property. The Landlord proposes to - ",."-,,.-,~- Agenda Item No. 16D7 December 14, 2004 Page 2 of 9 continue to staff, operate and maintain these elements independently and to actively assist the County with the museum's daily operatioÌlS by providing volunteer workers, assistance with special programs and events, funding for gradual upgrades and expansion of the permanent exhibits, and to cooperate with grant applications to restore and preserve this historic structure. The County will be responsible for all costs associated with the maintenance and operation of the building and property as well as insurance on the property. The County's Facilities Management Department conducted an inspection of the property on June 25, 2004 and is aware of the condition of the property. Staff has estimated repairs and improvements at the subject property to cost an estimated $250,000. In addition, it is estimated that the cost for staffing and operating the museum property will be $200,800 for Fiscal Year 2005, including property insurance and liability costs of $8,000. An additional $85,000 is requested to upgrade lighting and to fabricate the initial display caseworks and historical exhibits. ,-' FISCAL IMPACT: The annual rent of $1 will be drawn from Museum Fund (198). There is an estimated $120,000 currently available in towist tax revenues in Category C-l, County Museums operations, to assist with funding this project in FiscalYear 2005. In addition, there is an estimated $140,000 currently available in unallocated tourist tax revenues in Category C-2, "museums owned and operated by non-profit organizations". Funding from this revenue source would require review and recommendation by the Towist Development Council and the Board's adoption of an amendment to the County's current Tourist Development Tax Ordinance. The $250,000 needed for building repairs and improvements to the Naples Depot may be funded through a one-time allocation of unfunded request tumback dollars from the County Clerk's Office. Future operating costs for the Depot Museum of approximately $250,000 per year could be pennanent1y funded through tourist tax revenues, provided that a change is made to the current County Tourist Development Tax Ordinance to increase the percentage allocated to Category C-l, County Museums operations. The remaining budget shortfall for Fiscal Year 2005 ($25,800) may be offset by General Fund Reserves, or by a contribution from the City of Naples from surplus funds collected during the City's Diamond Jubilee celebration. The City is also considering providing landscape maintenance and improvement services for the Depot on an annual basis. GROWTH MANAGEMENT: There is no impact on the County's long range planning effort. ,-' Ägenda Item No. 16D7 December 14, 2004 Page 3 of 9 -I" RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Southwest Heritage, Inc. and authorize the Chairman to execute same, and that the Board direct staff to prepare the necessary amendments to the Tourist Development Tax Ordinance for the Board's consideration. PREPARED BY: Michael H. Dowling, Real Property Specialist Real Estate Services/Facilities Management Department ,..~ Agenda Item No. 16D7 Decennber14,2004 Page 4 of 9 ,- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16D7 Recommendation to approve a Lease Agreement with Southwest Heritage, Inc. for use of the Naples Railroad Depot as a branch facility of the Collier County Museum at an annual rent of $1, staffing and operations cost of $200,800, building improvements and repairs of $250,000, and exhibit development costs of $85,000. 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Michael H. Dowling Property Management Specialist 12/1/20044:14:21 PM Administrative Services Facilities Management Approved By Ron Jamro Museum Director Date Public Services Museum 12/1/2004 4: 55 PM Approved By Jack Wert Tourism Director Date ,- County Manager's Office Tourism 12/3/2004 4:47PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/3/2004 5: 00 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/6/2004 8:54 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 121712004 12:42 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/8/2004 1 :53 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/8/2004 4:44 PM Agenda Item No. 16D7 Decernber14,2004 Lease It Page 5 of 9 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this _ day of , 2004, between Southwest Heritage, Inc., a Florida non-profit corporation, whose mailing address is 1051 Fifth Avenue South, Naples, Florida 34102-6413, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 341 J 2, 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 the property known as The Naples Railroad Depot, located at 1051 Fifth Avenue South, Naples, Florida, 34102, consisting of a one (I) one-story, freestanding building with approximately 8,000 square feet, three (3) railroad cars (club car. baggage car and caboose), for the sole purpose of operating a County museum and to maintain and preserve the Naples Railroad Depot as a registered historic landmark and other purposes which further the historic nature of the Naples Railroad Depot. LESSOR shaJl exclude the exhibition gallery known as the 'Lionel Room' and the freestanding, exterior engine house and exterior mini train ride from the Demised Premises, which consists of approximately J ,500 square feet. If, at any time during this Lease, the LESSOR elects to cease its use of the Lionel Room, LESSOR shall offer the use of the gallery to LESSEE for its purposes and operations and which time the gallery shall become a part of the Demised Premises. LESSEE understands that the exhibition times for the Lionel Room vary and may not be accessible during LESSEE'S operating times at the Demised Premises. LESSOR. however, shall not provide any gallery hours, or events in the gallery, at any time other than those times in which are nonnal operating hours of LESSEE, unless seven days prior written notice is provided to the Collier County Museum Director, or his designee, requesting approval for LESSOR to utilize its Lionel Room. During said time, LESSOR shall have the use of the outdoor access single-use restroom. The LESSEE accepts the Demised Premises in "us is" condition as it existed on June 25. 2004, dUling the inspection conducted by the Collier County Facilities Management Department. LESSEE and LESSOR agree that the p¡¡rking are¡¡ Ul the Demised Premises shall he shared by both parties and Iheir employees, volunleers, invitees and guests. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of thirty (30) years commencing on January 1. 2005 and ending December 31. 2035. LESSEE is granted the option, provided it is not then in default of any of the tenns of this Lease, to renew same for two (2) additional tenn of thirty (30) years, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than J 80 days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. LESSEE. however, reserves the right to terminate this Lease. with or without cause, upon one hundred eighty (180) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE J3 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. LESSOR shall have the right to reasonably oversee LESSEE'S operations at the Demised Premises to ensure that LESSEE adheres to the stated purpose and intent of this Lease. If LESSOR should find that LESSEE is not in compliance with the terms of this Lease. LESSOR shall advise LESSEE of its findings and provide LESSEE with written notice and demand for cure of the default as provided for in Article 11 of this Lease. .._--_..~.. Agenda Item No. 1607 December 14, 2004 Page 6 of 9 ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Dollar and 00/100 Cents ($1.00) per annum for each year of the initial lease term and any renewals thereto. ARTICLE 4. Other E¡¡penses and Charges LESSEE shall pay all costs associated with janitorial services and utility charges pertaining to the Demised Premises including, but not limited to, charges fur gas, electricity, light. heat, a¡r-conditioning, water, sewer and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. ARTICLE 5. Other Considerations LESSOR, at its sole cost and e¡¡pense, shall continue to operate, maintain. insure and staff the exhibition gallery known as 'Thc Lionel Train Room' that is located within the building as well as the miniature-riding railroud that is located around the exterior perimeter of the propel1y. LESSEE reserves the right to charge admission to the Demised Premises and any exhibits, and rent the facility or elements of the facility to others, for any use in which the LESSEE deems as an appropriate museum event or function, and any revenue denved from such rentals shall be for LESSEE'S sole use. LESSEE may, at its option, operate a gift shop located on the Demised Premises, in which all proceeds from the sale of merchandise from the gift shop shall go to the LESSEE to defray operating costs at the Demised Premises. LESSOR may sell train tickets in the gift shop during normal hours of operation and all revenues shall go to LESSEE for the development and preservation of the Demised Premises. LESSEE shall be allowed to serve and/or sell alcoholic beverages and food upon the Demised Premises at times which LESSEE determines appropriate, including but not limited to, special events, leased functions, gallery shows and fund-raisers. LESSEE shall retain ownership and/or possession of any and all al1ifacts, exhibits and displays brought onto the Demised Premises by the LESSEE. ARTICLE 6. Modifications to Demised Premises LESSEE agrees Ihat no modifications will be made to the Demised Premises, other than routine repairs and maintenance, without advance review and writlen approval of the plans and specifications by the LESSOR. The LESSEE agrees to maintain the Demised Premises in accordance with good historic preservation practices and that any structural repairs or modifications to the Demised Premises will be made j n a manner consistent with the app] icable standards and guidelines of the Secretary of the Interior's 'Standards for Rehabilitation.' Prior to making any non-routine changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing 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 sixty (60) days there has been no written rejection delivered by LESSOR 10 LESSEE regarding said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. ,- LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement. addition or alteration of any aULhorized 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 having jurisdiction over the Demised Premises. All alterations, improvements, and additions 10 said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the 2 Agenda Item No. 1607 December 14,.2004 termination or this Lease or any renewal term thereof, or within thirty (30) days thereafter,~~S~8k~0 directs" LESSEE shaH promptly remove all such' additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default Ihereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 7, Access to Demised Premises LESSOR. its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining slime IInd making repairs therein, IInd for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 8. Assignment and Subletting Except as permittcd in Article 5, LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the prior e¡¡pressed wriuen consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR. shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9, Indemnity and Insurance Property 1llsllrallce: " LESSEE shall be responsible for procuring property insurance on personal and business property owned by LESSEE and shall also be responsible for insuring any betterments and improvements made by the LESSEE to the subject property. LESSEE shull be responsible for procuring insurance coverage on the building, permanent fixtures and permanent exhibits, LESSOR shall be responsible for procuring property insurance on the personal and business property owned and retained by LESSOR, in this Lease, such as, but not limited to the, the Lionel Room Gallery, outdoor engine house and miniature train ride, which e¡¡ist at the commencement of this Lease. Generul Liability In.\'I ral!ce: LESSEE shall procure General Liability Insurance in an amount of not Jess than $1,000.000 per occurrence for claims arising out of the LESSEE'S use and operation of the subject property. LESSOR shall be responsible for procuring General Liability insurance in an amount of not less than $1,000,000 per occurrence for claims arising out of the LESSOR'S ownership of the premises and the LESSOR'S operation of those e¡¡hibits and attractions that shall continue to be under the ownership and control of the LESSOR at the commencement of the Lease. Workers' Compensaliol! l"~'l/r{// ce: LESSEE shall procure Workers' Compensation Insurance on its employees pursuant to the requirements of Florida Workers' Compensation Statute. County shall also procure Employers Liability Insurance in an amount of not less than $500,000 per accident and $500,000 per disease. LESSEE shall, 10 the extent permitted by law, agree to indemnify and hoJd harmless LESSOR for acts arising out of the LESSEE'S use and operation of the Demised Premises. LESSOR shall agree to indemnify and hold hannless the LESSEE for acts arising out of the LESSOR'S use of the Demised Premises. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If cOITeetive action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all reasonable and necessary cleaning costs and such costs shall constÎlute addilional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. -~.__..- ----- .-.---------.--.----.- Agenda Item No. 16D7 Decernber14,2004 Page 8 of 9 LESSEE'shaH be responsible for all costs associated with the interior and exterior maintenance of -the building,- including but. not.liinited to, the parking area, exterior lighting, pest control, plumbing, electrical system, air-conditioning system, painting. roofing, landscaping and exterior inigation at the Demised Premises. It is the LESSEE'S understanding that the Demised Premises may be eligible for grant funds for renovations and repairs through the National Trust and other like sources. LESSOR agrees, that if required, LESSOR as titleholder to the Demised Premises, will assist LESSEE in any way necessary, to IIpply for available funding. LESSOR shall be solely responsible for all costs associated with the maintenance, repair and replacement of the Lionel Room and the outdoor engine house and train ride. ARTICLE II. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after one hundred eighty (180) days written notice to LESSEE, unless the default is cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default by LESSOR 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 perform such obligations within ninety (90) d~ys (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shal1 be in writing to the other pany at the fol1owing addresses. The addressees and addresses for the purpose of this Article may be changed by either party by giving wrillen notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. LESSEE: Board of County Commissioners c/o Real Estate Services 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Southwest Heritage, Inc. 1051 Fifth A venue South Naples, Florida 34102 cc: Office of the County Attorney ARTICLE 15. Surrender of Premises LESSEE coven¡mts and agrees to deliver up and sUITender to LESSOR possession of the Demised Premises, and all improvements made thereto during the terms of this Lease, upon e~piration of this Lease, or its earlier termination, broom clean and in as good condition and repllir as the same shall be at the commencement of the term of this Lease. ordinary wear and tear e~cepted. ARTICLE 16. 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 siluated in Collier Counly, 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 COSI or expense to LESSOR. ,-' LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. 4 Agenda Item No. 1607 December 14,2004 Page 9 of9 ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occulTing radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execullOn by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATIEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BY:_______ ___ DONNA FIALA. Chainnan AS TO THE LESSOR: DATED: SOUTHWEST HERITAGE, INC. A ITEST: , Secretary BY: C. Lodge McKee. President, Board of Directors WITNESS (signature) (CORPORATE SEAL) print name WITNESS (signature) print name Appruvec.J as 10 furm and legal sufficiency: ø Heid,i F. Ashton Assistant County Attorney 5 - Agenda Item No. 1608 December 14,2004 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve Agreement between Collier County Veterinary Society, Inc. and Collier County to provide reduced cost emergency animal medical services, physicals and spay/neuter operations for animals handled by Domestic Animal Services Department. OBJECTIVE: To have the Collier County Board of County Commissioners approve the attached Agreement that establishes terms and conditions under which veterinary services will be provided for reduced cost emergency animal medical services, physicals, and spays and neuters. CONSIDERATIONS: Florida State Statute require all animals adopted from a shelter in Florida be spayed or neutered. This agreement helps provide compliance with that statute at the lowest possible cost at over 30 locations County-wide. In June 1999, the County entered into agreement with the Collier County Veterinary Society to provide spay/neuter services. The original agreement has expired and a new agreement has been negotiated and is enclosed for the Board's approval. By entering into this agreement, Collier County benefits in several ways. Collier County animal licenses are required by law for dogs and cats. This agreement establishes over 30 locations for animal licenses to be purchased by pet owners. Lastly, this agreement provides a required 25% reduction for medical treatment provided by all Collier County Veterinarians to Collier County Domestic Animal Services resulting in a savings for emergency medical fees. FISCAL IMPACT: The estimated payments to the participating veterinarians is reflected in approved 2004-05 fiscal year budget in the amount of $60,000. These costs are covered through animal license sales, which totaled $173,179 during fiscal year 2003- 04. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. RECOMMENDATION: Staff requests that the Board approve the enclosed Agreement with the Collier County Veterinary Society, Inc. to provide emergency medical care and spay/neuter services and authorize the Chainnan to sign after review and approval by the County Attorney. Agenda Item No. 1608 Oecennber14,2004 Page 2 of 11 Prepared by: Marco Castorena, DAS Director Agenda Item No. 16D8 December 14, 2004 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1608 Recommendation to approve agreement between Collier County Veterinary Society, Inc" and Collier County for neuter, spay and general physical examination services, 12/14/20049:0000 AM Meeting Date Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 12/1/2004 B:54 AM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 12/3/20044:56 PM Approved By Steve Carnell Purchasing/General Svcs Director Date AdministratIve Services Purchasing 12/6/2004 9:14 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/6/200410:15 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/6/200410:33 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office , Office of Management & Budget 12/6/200411:35 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/7/20049:19 PM Agenda Item No. 1608 December 14,2004 Page 4 of 11 AGREEMENT THIS AGREEMENT made and entered into on this day of , 2004, by and between the Collier County Veterinary Society, Inc. hereinafter called the "Contractor", and Collier County as a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County". WITNESSETH 1. COMMENCEMENT: The respective Contractor shall commence the work immediately after receiving a written Notice to Proceed from the County. The contract shall commence on the date first written above. 2. STATEMENT OF WORK: Subject to the specüics of this Agreement, the Contractor shall provide neuter, spay and general physical services in accordance with the general terms and conditions as follows: A. Services must be provided by a veterinarian, licensed to practice in the State of Florida, and possess a valid Collier County occupational license. B. Contractor must perform all surgeries in a location that is licensed and equipped to perform neuter and spay surgeries. C. Contractor must hold all arrlmals received from the Department in indoor, covered, clean kennel facilities, with fresh water and food each day. D. Contractor must be on-call for emergencies that result from complications of any neuter-spay surgery performed or have arrangements made with other local veterinarians to handle such emergencies for the first twenty- four (24) hours following surgery. E. Contractor must support and sell animal licenses through his/her practice. F. Contractor must provide insurance (requirements specified in Paragraph 12 of this Agreement). G. Contractor must perform surgeries on all animals adopted (16 weeks and older/younger at their discretion). Agenda Item No. 1608 - December 14, 2004 Page 5 of 11 H. The general physical shall include occult heartworm test or combination leukemia/ AIDS test. The neuter or spay procedures shall not be performed on any animal diagnosed with heartworm or leukemia without prior approval of the adopter. 3. THE CONTRACT SUM: The County shall pay for the performance of this Agreement an aggregate of the units actually ordered and funúshed at the unit price. The initial exam fee shall not exceed $15.00, which that amount shall be included in the neuter and spay prices as shown below: Canine neuter Canine spay Feline neuter Feline spay $75.00 $85.00 $50.00 $65.00 The Fifteen Dollar ($15.00) fee for the initial exam shall be charged when the Animal Services Department requests a physical for health problems or for an adopted animal already neutered or spayed. 4. TERM: This contract will commence on the date first written above and shall be in effect for a period of three (3) years. 5. CONTRACT RENEWAL: The County retains the right to renew this contract, with the consent of the contractor, under the same terms and conditions for two (2) additional three-year (3) periods. County shall provide written notice to the contractor not less than thirty (30) days prior to the end of the agreement term if renewal of the contract is desired. 6. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following address: Collier County Veterinary Society, Inc. 11212 North Tamiami Trail Naples, Florida 34110 Agenda Item No. 16D8 December 14,2004 Page 6 of 11 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Purchasing Department Building IIG" 3301 East Tamiami Trail Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 7. NO PARTNERSlßP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct and such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Agenda Item No. 1608 December 14, 2004 Page 7 of 11 10. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said Agreement immediately or cause, further, the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall use its reasonable discretion in determining non-performance. 11. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, creed or national origin. 12. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence. Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations, Independent contractor, Products and Completed Operations and Contractual Liability. B. Professional Errors and Omissions Liability: Limits of $500,000 Per Occurrence. C. Workers' Compensation: Insurance covering all employees meting Statutory Limits in compliance with the applicable state and federal laws. Current, valid insurance policies meeting the requirements herein identified shall be maintained by Contractor during the duration of this Contract. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractor comply with the same insurance requirements that the Contractor is required to meet. The same Contractor shall provide County with Certificate of insurance meeting the required insurance provisions. 13. INDEMNIFICATION: The Contractor/Vendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder, except for a claim or claims alleging sole negligence of Collier Agenda Item No. 1608 December 14,2004 - Page 8 of 11 County. The Contractor/Vendor obligation under this provision shall be limited to the insurance protection required under the Contract provided the required insurance is in full force. The first Ten Dollars ($10.00) of money received on the contract price is considered as payment of this obligation by the County. 14. PROCEDURE: In order to fulfill Animal Control's goal of not releasing any pets to adopters without those pets being spayed or neutered, contractor will perform surgeries in their hospitals on animals the county veterinarian is unable to spay/neuter at the time of adoption. This is a program local veterinarians will participate in as their regular schedules allow. On Monday through Friday, veterinarians who have space in their schedules for the following day, will call Domestic Animal Services by 4 p.m. and tell Domestic Animal Services how many surgeries they have time to perform. Domestic Animal Services will keep a rotation schedule of veterinarians who are participating. By 5 p.m. or end of regular business hours, Domestic Animal Services will select the veterinarian or veterinarians at the top of the rotation who have called indicating their ability to take surgeries. Domestic Animal Services will contact those veterinarians by 5pm and inform them of the number of surgeries they will be receiving. Those animals in need of surgery will be delivered to the selected veterinarians the following morning. Surgery will be performed by the veterinarians following each veterinarians normal surgical protocol for the fee listed in section 3. Unless circumstances or surgeons preference dictate otherwise pets, will be picked up by the adopter at the veterinary office that same day as per surgeons normal protocol for discharge of post surgical animals. Veterinarians who performed surgeries that day will have their names moved to the bottom of the rotation schedule. Veterinariims who do not call in, yet are at the top of the rotation schedule, will remain at the top until they call indicating ability to receive animals. Domestic Animal Services will maintain the rotation schedule on a daily basis. Animals adopted on Saturday will be kept at Domestic Animal Services through the weekend and will have their surgeries performed on Monday with the Friday adoptees. Domestic Animal Services will keep a record of which veterinarians have performed which surgeries and will provide a report every two (2) months to the President of the Collier County Veterinary Association. See Exhibit" A". Agenda Item No. 1608 December 14,2004 Page 9 of 11 15. MEDICAL SERVICES: The veterinarians will provide medical services to Animal Services at a minimum of 25% discount. 16. PRICE ADJUSTMENTS: The prices established herein shall be firm, as a minimum, for a one (1) year period from effective date of contract. Thereafter, the prices may be adjusted once per year on the anniversary date of the Agreement based on the annual change to the Consumer Price Index- Southern States under 1/ All Urban Consumers, All Items", using the latest release available. 17. RELATION OF COUNIY: It is the intent of the parties hereto that each participating Veterinarian shall be legally considered as an independent contractor, and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said contractor, lús servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm or corporation. 18. COMPONENT PARTS OF TInS CONTRACT: This contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate. 19. THIS AGREEMENT shall be administered on behalf of the County by the Animal Services Department. 20. IT IS FURTHER UNDERSTOOD AND AGREED, by and between the parties herein, that this Agreement is subject to fiscal appropriations by the Board of County Commissioners. Agenda Item No. 16D8 December 14, 2004 - Page 10 of 11 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) By: Commissioner Donna Fiala, C11airman Contractor By: First Witness Signature tTypejprint witness namet Second Witness Typed signature and title tTypejprint witness namet CORPORATE SEAL (corporations only) Approved as to foI'm and legal sufficiency: Scott R Teach Assistant County Attorney Agenda Item No. 1608 December 14, 2004 Page 11 of 11 Exhibit U A" Example: 6 pets need surgery, 2 veterinarians call Rotation List A B 2 C D 2 E F G On Monday veterinarians B and D each call indicating they can take two surgeries each. Animal Control has six pets needing surgery. Two each are assigned to B and D and Domestic Animal Services start calling A,C,E, etc.. C responds that they can take the other two. On Tuesday 2 animals each are delivered to B,C, and D and surgeries performed. A B 2 C 2 D 2 E F G Rotation will appear on Tuesday evening as follows: A E F G B C D Agenda Item No. 16E1 December 14, 2004 Page 1 "of 2 EXECUTfVESU~Y Recommendation to authorize the additional expenditure of a sum not to exceed $7,500.00, resulting from the Board's October 26, 2004 approval of agenda item 16E(3), to reclassify certain county employment classifications from exempt to non~xempt under tbe Fair Labor Standards Act ("FLSA") so as to achieve full and final reimbursement of actual wages earned but not paid to those employees entitled to reimbursement as a result of the reclassification of their employment status under tbe FLSA. OBJECTIVE: For the Board of County Commissioners to approve the authorization of an additional sum, not to exceed $7,500.00, which sum represents the anticipated outside additional amount necessary to finalize settlement agreement and releases with those employees whose employment classifications were reclassified from exempt to non-exempt under the FLSA and who are entitled to reimbursement for back wages actually earned but not paid as a result of the County's previous good faith misclassification of their employment status under the FLSA. - CONSIDERATION: On October 26,2004, the Board of County Commissioners adopted a Resolution approving the reclassification of thirteen (13) employment classifications from exempt to non-exempt under the FLSA. The Resolution also authorizes the County to execute settlement agreement and releases with those employees who are entitled to reimbursement for overtime wages actually earned but not paid up to the amount of $18,810.24, subject to the discovery of any additional costs calculated upon presentation of the settlement agreements to the employees for fmal execution. During the course of obtaining the settlement agreement and releases from the affected employees, it was discovered that the total amount owed could be as much as $7,500.00 more than originally estimated in the Resolution. However, the actual amount of the negotiated settlement for back pay may also be less than the $7,500.00 sum sought, depending on the actual proof presented by employees for past work perfonned on behalf of the County. Because the FLSA mandates that employees are entitled to receive the actual amount of unpaid back wages owed, authorization is sought for an additional sum not to exceed $7,500.00 so that the settlement agreements and releases can be finalized and presented to the Chairman for execution pursuant to the October 26, 2004 Resolution. FISCAL IMP ACT: The base fiscal impact resulting from the authorization of this additional sum, which the County is required to remit to the affected employees pursuant to federal law, amounts to no more than $7,50Q.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Suinmary. RECOMMENDATION: It is recommended that the Board of Commissioners authorize the expenditure of an additional sum not to exceed $7,500.00, which represents the additional sum necessary to finalize settlement agreements with those employees whose employment classifications were reclassified trom exempt to non-exempt under the FLSA, and who are now entitled to reimbursement for back wages actually earned but not paid as a result of the County's previous good faith misclassification of their employment status under the FLSA. PREPARED BY: Scott R. Teach, Assistant County Attorney Don Albonesi, Manager - Compensation, Human Resources Department - Agenda Item No. 16E1 December 14, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16E1 Recommendation to authorize the additional expenditure of a sum not to exceed $7,500,00. for additional overtime payments as a result of the Fair Labor Standards Act Audit 12/14/20049:0000 AM Item Number Item Summary Prepared By Date Donald Albonesl Compensation Manager 11/29/20044:15:27 PM Administrative Services Human Resources Approved By Donald Albonesl Compensation Manager Date Administrative Services Human Resources 11/29/20044:16 PM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 11/29/20044:44 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12/2/20049:54 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/2/2004 2:49 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/2/2004 3:38 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 9:23 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/7/2004 1 :68 PM Agenda Item No. 16E2 . December 14, 2004 Page 1 of 8 EXECUTIVESU~ARY Recommendation to approve award of Bid #05-3758, ·'Parts for F1eet," in two categories as follows: Heavv Trucks. Heavv Eauinment and School Buses - award to Naples Truck Parts as primary vendor and to Bonita Auto Supply, Inc.-NAPA and NAP A Auto Parts as secondary vendors; Automobiles and Small Trucks - award to Bumper to Bumper Parts Depot Co., Inc. #540 as primary vendor and to Bonita Auto Supply, Inc.-NAP A and NAP A Auto Parts as secondary vendors. OBJECTIVE: Obtain Board approval to award Bid #05-3758, "Parts for Fleet," in two categories as follows: Heavy Trucks. Heavy Equipment and School Buses - award to Naples Truck Parts as primary vendor and to Bonita Auto Supply, Inc.-NAPA and NAPA Auto Parts as secondary vendors; Automobiles and Small Trucks - award to Bumper to Bwnper Parts Depot Co., Inc. #540 as primary vendor and to Bonita Auto Supply, Inc.- NAPA and NAPA Auto Parts as secondary vendors. - CONSIDERATION: The Fleet Management Department has daily requirements for maintenance and repair parts and supplies to maintain County vehicles and equipment. Requests were sent to 13 prospective vendors on November 8,2004 to bid on a two-year parts and supply contract with a renewal option for an additional two years. The bid was split into two categories: Heavy Trucks. Heavy Equipment and School Buses and Automobiles and Small Trucks. Bid specifications state that one vendor will be awarded as primary vendor in each category and the remaining qualifying bidders in each category will be awarded as secondary vendors. Four vendors responded by the November 24, 2004 closing date. Two of the four vendors bid in both categories. Naples Truck Parts made the only complete bid of all brand-named parts with correct conditions as listed on the bid sheet for Heavy Trucks. Heavy Equipment and School Buses and is recommended for award as primary vendor in this category. Bonita Auto Supply, Inc.-NAP A and NAPA Auto Parts are recommended as secondary vendors. Bwnper to Bumper Parts Depot Co., Inc. #540 was the low bidder and recommended primary vendor for Automobiles and Small Trucks. Bonita Auto Supply, Inc.-NAPA and NAPA Auto Parts are recommended as secondary vendors. FISCAL IMPACT: Funds are budgeted in Fleet Management, Fund 521, to repair and maintain County vehicles and equipment. Parts and supply purchases on this contract are projected to exceed $100,000 annually. GROWTH MANAGEMENT IMP ACT: No growth management impact will result from this action. - Agenda Item No. 16E2 December 14,2004 Page 2 of 8 RECOMMENDATION: That the Board of County Commissioners approve award of Bid #05-3758, "Parts for Fleet," in two categories as follows: Heavy Trucks. Heavy Eq1J.Ìpment and School Buses - award to Naples Truck Parts as primary vendor and to Bonita Auto Supply, Inc.-NAPA and NAPA Auto Parts as secondary vendors; Automobiles and Small Trucks - award to Bumper to Bumper Parts Depot, Inc. #540 as primary vendor and to Bonita Auto Supply, Inc.-NAPA and NAPA Auto Parts as secondary vendors. PREPARED BY: Dan Croft, Fleet Management Director .- Agenda Item No. 16E2 December 14, 2004 Pag e 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E2 That the Board of County Commissioners approve award of Bid #05-3758, 'Parts for Fleet,' in two categories as follows: Heavy Trucks, Heavy Equipment and School Buses - award to Naples Truck Parts as primary vendor and to Bonita Auto Supply, Inc,-NAPA and NAPA Auto Parts as secondary vendors; Automobiles and Small Trucks - award to Bumper to Bumper Parts Depot, Inc. #540 as primary vendor and to Bonita Auto Supply, Inc,-NAPA and NAPA Auto Parts as secondary vendors, 12/14/20049:00:00 AM Meeting Date Prepared By Date Dan Croft Fleet Management Director 11/29/20046:31:18 PM Administrative Services Fleet Management Approved By Dan Croft Fleet Management Director Date Administrative Services Fleet Management 11/29/20046:39 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 12/1/20043:05 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 12/2/20047:27 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12/2/20049:66 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/2/20042:47 PM Approved By Robin Johnson Management/Budg&t Analyst Office of Manag&ment & Budget Date County Manag&r's Office 12/2/2004 3:42 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager'a Office Office of Management & Budget 12/3/2004 8: 19 AM Approved By James V. 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Q. i3 i3 :8 i3 ~ ~;11 :§ ;11 Ji ;11 ~ ~ Ii ~ -5J: ...J Ii ... e Ji i J c:i~ "8 C/ 881 if E .II! I C/ .. õ 'S ,g ~ ~ I ·1 ! .. õ e t~ C :8 Q. .. 'Iii 8 "\. .~ ::J aI !! c: Ñ Ii ïi ;:.;. j c ~ !!:: ~ :> C :I i co a. ~ aI Õ C :g i ~ -! I co ¡¡ 0 ~ iii c 8 i ~ .I Ñ Æ ~ u ~ '0 ~ C i as ! J: ... .:e 0 j E a ~ :> C) Ë~ ~ M !! ¡a .... Q. .... ID ~ 81 ~I II Q. Ìt Q. .. ~ ml¡ :Z~l ~i.!l iiiQ.8 Agenda Item No. 16E3 Decennber14,2004 Page 1 of 2 - EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $32,000 to prepare and secure an alternative site for the storage and sale of surplus vehicles at future surplus property auctions OBJECTIVE: To store and sell surplus vehicles and other rolling stock in a safe and consolidated location. c- CONSIDERATIONS: Historically, the Purchasing Department has conducted one or more surplus property auctions annually at the Government Center campus. However, the construction of a new parking garage on the southern part of the campus is expected to take a full year to complete. Hence, the Purchasing Department and the Facilities Management Department are making arrangements with the Collier County Fair Board to utilize space at the County Fairgrounds complex to store surplus vehicles and conduct the annual auction, tentatively scheduled for next March, at the Fairgrounds. It is anticipated that the site will need to be used for storage and possibly for future sales beyond this coming year. There will be no charge to rent the space since the County owns the property. Real Estate Services staff will execute a Letter of Understanding in lieu of a lease. In order to make the site usable for its intended purposes, a gravel driveway will need to be constructed and the storage area fenced in. The Road Maintenance Department estimates the cost of the driveway improvements total $22,000. The cost for fencing is estimated at $10,000. FISCAL IMPACT: Funds for this project come from General Fund reserves. Net proceeds from the sale are allocated to the various funds after covering all expenses associated with the sale and the maintaining of ttie inventory between sales. Thus, revenues from the sale will cover the cost of this work. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this work. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment in the amount of $32,000 to enable the Purchasing Department to store and sell surplus vehicles at the County Fairgrounds. Prepared By: Gwen Butler, Purchasing Operations Manager - Agenda Item No, 16E3 December 14, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16E3 Recommendation to approve a budget amendment in the amount of $32,000 to prepare and secure an alternative site for the storage and sale of surplus vehides at future surplus property auctions 12/14/2004900:00 AM Item Number Item Summary Approved By Gwen Butler Purchasing Supervisor Date Administrative Services Purchasing 12/1/20048:45 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 12/1/20048:53 AM Approved B)' Len Golden Price Administrative Services Administrator Date Administrative Services Administ 'ative Services Admin. 12/2/20049:59 AM Approved B)' OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1212/2004 2: 52 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/2/2004 3:45 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/20049:05 AM Approved By James V, Mudd Board of C ou nty Commissioners County Manager Date County Manager's Office 12m2004 2:06 PM Agenda Item No. 16E4 December 14, 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to retain from active sales various properties obtained from Avatar Properties, Ine., and which are part of the GAC Land Trust. OBJECTIVE: To obtain authorization from the Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust (Board), to retain from active sales various properties obtained from Avatar Properties, Inc., for pwposes of providing governmental facilities for existing and future residents of Collier County. CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc., and the Board entered into an Agreement whereby Avatar would convey, in phases, to the County, at no cost, 1,061.5 acres of property (Trust Lands) in Golden Gate Estates. These conveyances of Trust Lands came with the stipulation that the land itself or money derived ftom the sale of Trust Lands would be used by the Board for pwposes directly beneficial to the residences of Golden Gate Estates. - The Board, at its November 1, 1988; July 26, 1994; and June 22, 1999, meetings, approved Agenda Items 14B3, 16E4, and 16D7, respectively, authorizing staff to set aside certain Trust Lands for possible future use by Golden Gate Fire Control & Rescue District, Big Corkscrew Island Fire Control & Rescue District, Collier County School Board, Parks & Recreation Department, and the Sheriff's Office (referred to collectively as "Agency"). The Board also instructed staff and the Golden Gate Estates Land Tmst Committee (Committee) to continually review the validity of each Agency's needs and to report back to the Board every fifth year. Staff has recently contacted each Agency to inquire as to its continued interest in the lands reserved for its use or in any other Trust Lands that remain available. The following list indicates the lands each Agency requested be set aside for its pwposes: Golden Gate Fire Control & Rescue District - proposed substation locations: Phase Parcel Unit Tract Description Acres Folio Number II 44 78 116 E75' of WI 80' 1.17 40749320001 II ~5 78 116 E75' ofE150' 1.17 40749320001 II 81 93 48 W105' ofW180' 1.59 41714000009 II 82 93 48 E75' ofW180' 1.14 41713 880000 Big Corkscrew Island Fire Control & Rescue District - proposed substation locations: Phase III Parcel 91 Unit Tract 67 A 11 0 Description All of 110 Acres 1.49 Folio Number 40120440005 - Agenda Item No. 16E4 Decernber14,2004 Page 2 of 4 Collier County School Board - special preschool/basic education service facilities: Phase Parcel Unit Tract Description Acres Folio Number I 2 7 81 Allof81 7.92 36915200008 I 21 20 2 Allof2 9.09 37590080008 II 93 195 85 All of 85 4.77 45967400009 III 20 42 1 All of 1 7.38 38840040001 III 72 64 94 Allof94 5.00 39899040006 Parks & Recreation Department - future park sites: Phase Parcel Unit Tract Description Acres Folio Number I 75 97 10 All of 10 5.22 41930520004 II 96 22 A Portion of A 47.18 37690040003 Sheriffs Office - existing training facility: Phase Parcel Unit Tract Description Acres Folio Number III 31 43 80 All of 80 4.50 38908560009 The Committee, at its July 26, 2004 meeting, recommended approval of the above division of Trust Lands, and that staff be authorized to write the Golden Gate Fire Control & Rescue District, Big Corkscrew Island Fire Control & Rescue District, and Collier County School Board advising that the Board will no longer authorize conveyances to them of Trust Lands without compensation and that each Agency has the option of purchasing the lands now or when needed at 90% of the appraised value at the time of purchase. In addition to the foregoing, the Committee recommends that the following Trust Lands be held for future marketability, but with the Committee having the authority to make a parcel(s) available for sale, when it is in the best interest of the GAC Land Trust, without having to come back to the Board for approval: Golden Gate Estates Land Trust Committee - lands for future marketability: Phase Parcel Unit Tract Description Acres Folio Number I 8 14 127 Allof127 4.53 37289560004 I 13 17 89 Allof89 5.00 37445840005 I 17 18 55 All of 55 5.00 37493920003 I 35 24 97 All of 97 5.00 37807880001 I 54 49 126 All of 126 5.61 39271840002 I 71 95 53 W180lof53 3.92 41824360008 Agenda Item No. 16E4 Decennber14,2004 Page 3 of 4 Phase Parcel Unit Tract Description Acres Folio Number I 74 96 121 All of 121 4.52 41887560007 II 46 78 136 Allof136 4.64 40750680002 II 47 78 137 Allof137 6.83 40750720001 II 48 78 158 Allof158 6.13 40752400002 ill 59 53 1 All of 1 7.38 39490040007 V 97 62 126 Allof126 5.61 39786160002 Since the inception of the GAC Land Trust, 877.33 acres of the 1,061.50 acres conveyed to the Board have been sold. Of the remaining 13.95 acres oflands, that are available for sale at this time, seven (7) parcels representing 8.43 acres are under contract and should be closing within the next 120 days. Staff is working diligently to sell the remaining 5.52 acres. GAC Land Trust Fund 605 currently has approximately $1,072,473 in reserves that the Board can make available to an Agency to assist in providing services or equipment beneficial to the residences of Golden Gate Estates. FISCAL IMP ACT: None GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust: 1. Approve the division of Trust Lands as outlined above; and 2. Authorize the Golden Gate Estates Land Trust Committee and staff to annually review the validity of each Agency's needs for designated Trust Lands; and 3. Authorize the Golden Gate Estates Land Trust Committee to have the authority to make a parcel(s), held for future marketability, available for sale when it is in the best interest of the GAC Land Trust, without further Board approval being required. PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales Real Estate Services / Facilities Management Department Agenda Item No. 16E4 December 14, 2004 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E4 Meeting Date Recommendation to retain from active sales various properties obtained from Avatar Properties, Inc., and which are part of the GAC Land Trust. 12/14120049:0000 AM Prepared By Date Toni A. Mott Real Property Supervisor 1211120047:07:26 AM Administrative Services Facilities Management Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 1211/20047:46 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 1211/20048:28 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12/2/2004 10:01 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 121212004 2:58 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/2/20043:50 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Offi(:e of Management & Budget 1216120048:43 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/7/20043:50 PM Agenda Item No. 16E5 December 14. 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Amendments to two existing Lease Agreements with Alan and Patricia Boole for the continued use of garage space by the Sheriff's Oflice, at a total cost of $79,800. OBJECTIVE: To extend two Lease Agreements with Alan and Patricia Boole for property located at 3573 Arnold Avenue used by the Sheriff's Office for automobile maintenance. This transaction involves leases for two separate motor pool bays containing 4,200 square feet each. The existing leases expire December 31, 2004. Each lease is being extended by one year from January 1, 2005, through December 31, 2005. The rental for each bay will be $33,600. Under the tenns of each lease, the County is required to also pay a portion of the common area maintenance (CAM), which under these two Amendments will be $6,300 per lease. Both Amendments also permit the County to extend each lease for two additional one-year periods. The rental for each year will be equal to an amount three percent greater than the preceding year's rental amount. The CAM fees, if increased annually, will be done so based upon actual operating expenses. CONSIDERATIONS: This location is essential to the Sheriff's operations and has been used in conjunction with the Sheriff's fleet maintenance facility at 3535 Arnold Avenue since 1999. Use of the property is needed until the Sheriff's new fleet maintenance facility, at the County Barn Road fleet maintenance site, is constructed and ready for occupancy in the fourth quarter of 2006. The attached Amendments have been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total cost is $79,800 ($67,200 for rental and $12,600 for common area maintenance). This amount has been budgeted in the Sheriff's Office FY 04/05 budget and 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 the Chairman to execute the attached First Amendments to Lease Agreements. PREPARED BY: Michael H. Dowling, Real Property Specialist Real Estate ServiceslFacilities Management Department ,- Agenda Item No. 16E5 December 14, 2004 - Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E5 Meeting Date Recommendation to approve Amendments to two existing Lease Agreements with Alan and Patricia Boole for the continued use of garage space by the Sheriffs Office, at a total cost of $85.800 12/14/2004900:00 AM Prepared By Date Michael H. Dowling Property Management Specialist 12/1/200410:18:45 AM Administrative Services Facilities Management Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 12/1/2004 10: 23 AM Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 12/2/20047:38 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin, 12/2/200410:06 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/2/2004 3:03 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1213/20049:&9 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 8:51 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/7/20045:30 PM '. Agenda Item No. 16E5 Lease #880 December 14, 2004 Page 3 of 6 FIRST AMENDMENT TO LEASE AG~EEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this _ day of , 2004 at Naples, Collier County, Florida by and between Alan and Patricia Boole whose mailing address is 470 Lagoon Avenue, Naples. Florida 34108, hereinafter referred to as "LESSOR," and COLLIER COUNTY, a political subdivision of the SUIte of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE." WITNESSETH WHEREAS, Collier County and Alan and Patricia Boole have previously entered into a Lease Agreement dated July 31, 2001; WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated July 31. 2001, and Ten Dollars ($10.00) and other valuable (;onsideration, said Lease Agreement is hereby amended as follows: 1. The foJlowing provision shall be added to Artide 2 of the Lease Agreement: This Lease is hereby extended until December 31, 2005, hereinafter reFelTed to as "Extended Lease Telm." LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew Ihis Lease for two (2) additional one (I) year terms under the same lerms and conditions as provided for in the Lease dated July 31, 2001. LESSEE shall be granted the right to terminate the Lease at any time, with or without cause, by providing the ninety-day written notice of such termination to LESSOR at the address set forth in Article 10 of the Lease dated July 31. 2Q(JI. Said notice period shaH commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certi fied Mail, postage prepaid, or by personal delivery or overnight delivery service, 2. The Following provision shall be added to Article 3 of the Lease Agreement: The annual rent beginning Janu!!ry 1, 2005, shall be $33,600 and shall be paid in equal monthly installments of $2,800. In addition to monthly rent, LESSEE shall pay monthly Common Area Maintenance ('CAM') charges in the amount of $525 for the first year of the Extended Lease term. If LESSEE elects to renew the Lease as provided for above, the annual rent of $33,600 shall be increased by three percent on January 1,2006 and again on January 1. 2007. The CAM shall be increased to reflect the actual opetf·ting costs of LESSOR and shall be no more than five percent from the previous year's amount. LESSOR s all notify LESSEE, in writing, of any CAM increase on or before January 31 of each renewal year. 3. Exc pt as expressly provided herein, the Lease Agreement between Alan and Patricia Boole nnd Collier County, a political subdivision of the State of Florida, for the utilization of the Demised Premises described in said Lease Agreement dated July 31. remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSEE: DATED: ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: . Deputy Clerk BY: DONNA FIALA, Chairman '. . AS TO THE LESSOR: DATED: "S oUr- 1.--- ~.L Rnf~r+-òn (print Name) I . , .-.-~ (.. ?,. 'If( ·Iv" (Print Name) Approved as;';orm and ~al sufficiency: ~~ 1a~ 1~ Thomas C. Pa mer Assistant County Attorney Agenda Item No. 16E5 Decernber14,2004 Page 4 of 6 BY 4ð~ ALAN BOOLE BY:~~ PATRICIA BOOLE 2 --.-.-'" .. Lease #848 - FIRST AMENDMENT TO LEASE AGREEMENT nus FIRST AMENDMENT TO LEASE AGREEMENT entered into this _ day of , 2004 at Naples, Collier County. Florida by and between Alan and Patricia Boole whose mailing address is 470 Lagoon Avenue. Naples. Florida 34 [08, hereinafter referred to as "LESSOR," and COLLIER COUNTY, a political subdivision of the Slale of Florida, whose mailing address is 3301 East Tamjami Trail, Naples, Florida 34112. hereinafter referred to as "LESSEE." WITNESSETH WHEREAS, Collier County and Alan and Patricia Boole have previously entered into a Lease Agreement dated December 15, 1998; WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated December 15, 1998, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: I. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until December 31. 2005. hereinafter referred to as "Extended Lease Term." LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew this Lease for two (2) additional one (I) year terms under the same terms and conditions as provided for in the Lease dated December 15. 1998. LESSEE shall be granted the right to terminate the Lease at any time, with or without cause. by providing the ninety-day wriuen notice of such termination to LESSOR at the address set forth in AI1icle ìG of the Lease dated December IS, 1998. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid, or by personal delivery or overnight delivery service. 2. The following provision shall be added to Article 3 of the Lease Agreement: The annual rent beginning January I. 2005, shall be $33,600 and shall be paid in equal monthly installments of $2,800. In addition to monthly rent, LESSEE shall pay monthly Common Area Maintenance ('CAM') charges in the amount of $525 for the first year of the Extended Lease teon. If LESSEE elects to renew the Lease as provided for above, the annual rent of $33,600 shall be increased by three percent on January I, 2006 and again on January I. 2007. The CAM shall be increased to renect the actual operating costs of LESSOR and shall be no more than five percent from the previous year's amount. LESSOR shall notify LESSEE. in writing, of any CAM increase on or before January 31 of each renewal year. 2. Except as expressly provided herein, the Lease Agreement between Alan and Patricia Boole and Collier County. a political subdivision of the State of Florida, for the utilization of the Demised Premises described in said Lease Agreement dated December 15,1998, remains in full force and effect according to the terms and conditions contained therein. and said leons and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to Lease Agreement the day and year first above written, AS TO THE LESSEE: DATED: A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: BY: DONNA FIALA, Chairman , Deputy Clerk Agenda It~m No. 16E5 December 14, 2004 Page 5 of 6 '.,'. ," ...:. " Agenda Item No. 16E5 December 14,2004 Page 6 of 6 AS TO THE LESSOR: DATED: \ \ ~ O"k- BY ~ ALAN BOOLE 1---0(\ BY: PATRICIA BOOLE ~J:6 C;. t~¡qrf ·4:1"\ (Print Name) (,.(..A.--v--. 2 - Agenda Item No. -16E6 . December 14,2004 Page 1 of 48 EXECUTIVE SUMMARY Report and ratify staff-approved change orders and changes to work orders to Board . approved contracts OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes to contracts or work orders that have occurred since the amount most recently approved by the BCC, which are below the threshold limits as referenced above. The plan calls for staff to submit a monthly report listing these change orders from the previous _ reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover the period of October 30, 2004 through November 22,2004. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders. PREPARED BY; Brenda Reaves, Contract Technician, Purchasing Department ",- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16E6 December 14. 2004 Page 2 of 48 Item Number 16E6 Item Summary Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. Meeting Date 12/14/2004 9:00:00 AM Approved By , Linda Jackson Contracts Agent Date Administrative Services Purchasing 12/1/200412:58 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 12/2/2004 7:29 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12/2/200410:10 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/2/2004 3:06 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/200410:05 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/20049:37 AM Approved By James V. 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III 9." 2: CD CD ~ ~ 5P e II) ¡¡lIIiii:i .c:C·C~ u~.s~ 'õ'2!~5i 1·8~~ ~ij :5:s:s .s III III ""-----~"._...~ Agenda Item No. 16E6 December 14,- ~004 Page 70f 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 05-01 AMOUNT OF THIS CHANGE $10,837.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,553,007.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 . (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12117/02 Agenda Item #:10e . Percentage of the change over/under current contract amount: 2.78% Formula: (eurrent Amount I Last Bee approved amount)-1 Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to Bee on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 3/23/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to perfonn the following work associated with handrail at existing Aeration Basin 4: 1. Remove and dispose of existing handrail along the walkways adjacent to the anoxic zones. 2. Patching handrail post sleeves and holes at location where handrail is removed. 3. Termination of remaining handrail at end point where handrail is removed. 4. Relocation of Anoxic Mixing Pump electrical disconnects from handrail mounted supports to dedicated stanchion supports. JUSTIFICATION FOR CHANGE (S): Under this project odor control covers are being installed over the anoxic zones of existing Aeration Basin 4 and new Aeration Basins 5 and 6. In addition, "lifeline" fall protection systems (systems with posts, cables and harnesses) are being added along the basin walkways adjacent to the anoxic zones of Aeration Basins 4, 5 and 6. Based on recently adopted policy by the County's Risk Management/Safety Departmen~ the design intent was to construct the anoxic zone walkways of Aeration Basins 5 and 6 with the "lifeline" fall protection systems instead of handrail, since the handrail would obstruct personnel from removing the odor control covers. During and after removal of covers, personnel would be secured by harness and cable to the fall protection "lifeline" system. Based on that overall design approach, the intent was to also remove existing handrail from Aeration Basin 4 anoxic zone walkways. The removal of handrail and related work was inadvertently omitted from the bid documents. Had this item been implemented during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) Revised 8/22/03 I Agenda Item No. 14Eê . December 14, 2004 . ·Page 8 of 48 r CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 05-02 AMOUNT OF THIS CHANGE $4,086.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,557,093.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BeC APPROVAL) Date of Last BCC Approval: 12117/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.80% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 3/23/04 CURRENT: 3/16/05 CURRENT: 6/14/05 r SUMMARY OF PROPOSED CHANGE (8): Materials and labor to perform the following work associated with Pretreatment Building grit piping: 1. Remove existing check valves on the discharge of Grit Pumps Nos. 3 and 4 2. Install pipe spool segments to replace the removed check valves. 3. Replace an existing PVC ball valve on a grit drain line with a ductile Iron plug valve. JUSTIFICATION FOR CHANGE (S): This work was requested by County NCWRF staff for the following reasons (numbering of reasons corresponds to numbering of work items above): 1. NCWRF staff has determined that check valves are not required since each pump discharges to a dedicated grit classifier and not into a common manifold. 2. Spool pieces were required to maintain continuity in the grit discharge piping after the check valves were removed. 3. NCWRF reported operability and maintenance difficulties with the PVC ball valve. The PVC ball valve was installed by County staff on a previous project. The ductile iron plug valve is more durable and b~tter suited for grit service. PARTIE8CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. .,.. NCWRF Plant Staff, County Project Manager, Engineer, Contractor) r Revised 8/22/03 Agenda Item Np;16S6-- -- _ December 14, 2å~ Page 9 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD -liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 05-03 AMOUNT OF THIS CHANGE $5,444.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,562,537.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12117/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.82% Formula: (Current Amount I Last BCC approved amount}-1 Results and Actions: If the change exceeds 1 0% BCC approval is required; under 10% reported to Bee on Purchasing report. CURRENT COMPLETION DATE (S): .GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 3/23/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to fabricate upgraded hose racks for the project's twenty-seven (27) hose stations. JUSTIFICATION FOR CHANGE (S): The original bid drawings called out hose racks at hose stations but did not include a specific drawing detail for the hose racks. Standard hose racks were included in the Contractor's bid. Upgraded, industrial hose racks are more suitable for this water reclamation facility installation due to the longer lengths and larger size of hoses used for washdown of process areas. As such this item is considered a betterment to the project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i,e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) Revised 8/22/03 I ..------ ,.-- '. Agenda Item No. 16É.i December 14, 2do'4 Page 1 0 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3416 MOD #: 05-04 AMOUNT OF THIS CHANGE $6,996.00 PO #: 4500004112 Work Order#: N/A CONTRACT AMOUNT: ORIGINAL $24,661,000.00 CURRENT $25,569,533.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17f02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.65% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 3/23/04 CURRENT: 3/16/05 CURRENT: 6/14/05 r SUMMARY OF PROPOSED CHANGE (S): Materials and labor to modify the actuators for seven 48" butterfly valves and one 60" butterfly valve from buried gear operators to above-grade bonnet-mounted operators. JUSTIFICATION FOR CHANGE (S): The original contract specifications stated that buried valves shall be equipped with buried worm gear operators. Buried worm gear operators are considered standard of the industry for similar applications. Wastewater Department staff has recently experienced isolated failures of worm gear operators on large buried valves at the SCWRF and observed that it is highly labor intensive to excavate, expose and repair buried worm gear operators. Given the relative depth of the eight valves referenced in this change order item, the County requested that buried worm gear operators be replaced with above-grade bonnet-mounted operators to eliminate the potential for similar maintenance difficulties to those experienced at the SCWRF. As such this item is considered a betterment to the project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) . r Revised 8/22/03 Agenda Item . No;· 1& £()·· December 14, 2bÖ'"4 Pag-e 11 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #; 739501 BID/RFP #: 02-3418 MOD #: 05-06 AMOUNT OF THIS CHANGE $ 0.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,551,960.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12117/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.78% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 10/28/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): No-cost item to provide a 219 calendar day time extension to the interim contractual milestone to complete Aerated Grit Chamber NO.4 by the current substantial completion date of March 23, 2004. The new biofiltration odor control system had a longer lead time for shop drawings, fabrication, delivery, installation and startup. This longer lead time delayed the implementation of the temporary odor control at the Pretreatment Facility. The other contrâctual dates, (i.e., the overall project substantial and final completion dates) remain as per the contract, which are March 16,2005, and June 14, 2005, respectively. JUSTIFICATION FOR CHANGE (S): Included in the contractual milestone for Aerated Grit Chamber No.4 is the following sequence of work: 1. Install temporary odor control equipment to serve the Pretreatment Facility and the existing Sludge Gravity Thickeners; then 2. Remove the existing Pretreatment/Sludge Thickener Odor Control System, which was located south of the Pretreatment Facility and directly over the area of construction of a segment of the 24-inch Aeration Influent pipelines and the buried electrical ductbank extension (referenced above); then 3. Procurement and installation of three buried (3) 24-inch Aeration Influent pipelines to exit the Pretreatment Facility effluent distribution splitter boxes and discharge to Aeration Basins 5, 6 and 7; then 4. Extension of existing buried electrical ductbanks that carry new electrical and instrumentation wiring dedicated to Aerated Grit Chamber NO.4 and related equipment; then 5. Startup and testing of Aerated Grit Chàmber NO.4 and its related equipment. As detailed in previous Change Orders Nos. 3 (Item 03-01) and 4 (Item 04-11), the temporary odor control system was originany designed to be a leased activated carbon unit. The County recently stated their preference not to implement an activated carbon-based system, even on a temporary basis. Since the original design intent for temporary odor control was formulated, the County and Engineer have jointly agreed to install a new biofiltration Revised 8/22/03 ',Agenda Item No.J åÈ6 December 14, 2004 Page 12 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 05-07 AMOUNT OF THIS CHANGE $ 2,944.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,554,904.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12117/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.79% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC On Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MilESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 10/28/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to furnish and install one 18" isolation butteñly valve on the common Aeration Air discharge pipe header for Aeration Basins 4, 5 and 6. JUSTIFICATION FOR CHANGE (8): The additional valve was requested by County NCWRF staff to provide enhanced operational flexibility. The valve is located at the point of future connection when the air piping is extended to serve future Aeration Basin 7. A blind flange is currently shown at this point of future connection. With the blind flange design, air to Aeration Basins 4, 5 and 6 would have to be shut down for approximately two hours to make the future piping connection. Whiie this approach is feasible, the use of a valve in lieu of a blind flange will allow for the future connection with no interruption of air supply to Basins 4, 5 and 6. As such, this item is considered a betterment to the project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) , r- Revised 8/22/03 Agenda Item No. 1 é~· December 14, 2bo4 _ Page 13 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 . BID/RFP #: 02-3418 MOD #: 05-08 AMOUNT OF THIS CHANGE $ 8,243.00 PO #: 4500004112 Work Order#: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,563,147.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.82% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MilESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 10/28/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to furnish and install two (2) additional isolation plug valves on the common Return Activated Sludge (RAS) pump suction header in Sludge Pump Station No.4 (MLE plant). JUSTIFICATION FOR CHANGE (S): The additional valves were requested by County NCWRF staff to provide enhanced operational flexibility by allowing individual RAS pumps to be dedicated to individual clarifiers to optimize settling and return sludge rates back to the aeration basins. As such, this item is considered a betterment to the project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) Revised 8/22/03 ---"._-. ..... .." ~..- Agenda Item No. 1qR6 December 14, 2004 Page 14 of 48 /'- CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 05-09 AMOUNT OF THIS CHANGE $ - (20,000.00) PO #: 4500004112 Work Order#: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,543,147.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of last BCC Approval: 12117/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.74% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 10/28/04 CURRENT: 3/16/05 CURRENT: 6/14/05 ~ SUMMARY OF PROPOSED CHANGE (S): Credit for the deletion of coating of the steel components of the internal mechanisms in Clarifiers 8 and 9. JUSTIFICATION FOR CHANGE (S): The bid documents require that the corrosion control system for the steel components of the internal mechanisms include (1) shop application of hot-dip galvanizing; and (2) field application of a vinyl ester coating system. Previous experience at existing NCWRF clarifiers have shown that galvanizing without a field-applied coating has provided adequate corrosion protection. Therefore, the applied coating system is being deleted to provide a cost savings to the project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) .--- Revised 8/22/03 Agenda-Item NO;H16E6 December 14, 2"0'04 Page 15 of 48 CONTRACT MOD1FICA TION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BfD/RFP #: 02-3418 MOD #: 05-11 AMOUNT OF THIS CHANGE $ - (7,549.00) PO #: 4500004112 Work Order#: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,578,022.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LASTTOTALAMT. REQUIRING BCCAPPROVAL) Date of Last BCC Approval: 12117/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.88% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 10/28/04 CURRENT: 3/16105 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials, labor and fees for the following items related to implementation of the Biofiltration Odor Control System in its temporary (Pretreatment Building) and permanent (Aeration Basins Nos. 4 - 6) locations: . 1. Services from the equipment manufacturer for startup of the Biofiltration Odor Control System at its permanent location (Aeration Basins). 2. The contract (as amended by Change Order No.3, in which the biofilter was implemented) included a provision for liquidated damages for each calendar day following the substantial completion date that the biofilter was not sUbstantially complete. Delays in the fabrication and delivery resulted in financial time impacts related to the blofilter totaling $17,000. This amount is being credited to the County as a deductive item in this change order item, The combination of Item 1 (added cost) and Item 2 (deducted cost) results in an overall credit for this change order item. JUSTIFICATION FOR CHANGE (5): This original contract includes a $200,000 allowance to address interim odor control at the Pretreatment Facility and Sludge Holding Tanks. The interim odor control is required during construction for a period of 8 to 10 months while the existing Dewatering Building chemical scrubber is relocated to serve the Pretreatment Facility and Sludge Holding Tanks on a permanent basis. In addition, the wet scrubber currently serving the Pretreatment Building was to be relocated to serve the Aeration Basins. Both relocations are/were appropriate given the airflow capacities of the existing scrubbers vs. the capacities required by new and expanded plant facilities. The relocations also eliminated the need to purchase new wet scrubber systems. The original design intent for temporary odor control at the Pretreatment Facility was to use a combined approach of hydrogen peroxide injection into the wastewater force main and activated carbon absorption of the foul air stream. After the project was bid, The County elected not to use temporary activated carbon systems (based on previous experience) and requested that biofilters be considered. As stated in Contract Change Order NO.3 (Item 03-01), , Revised 8/22/03 I /- Agenda· Item NO. 1iE6 December 14, 2nD4 Page 16 of 48 CONTRACT MODIFICATION· CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 05-12 AMOUNT OF THIS CHANGE $ 9,700.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,587,722.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. R~QUIR1NG BCC APPROVAL) Date of Last BCC Approval: 12117/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.92% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required: under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14105 CURRENT: 10128/04 CURRENT: 3116105 CURRENT: 6/14/05 ..r-. SUMMARY OF PROPOSED CHANGE (S): Materials and labor to install a 24-inch butterfly valve and an air release valve on an existing 24-inch reuse water line. This item also includes additional excavation, dewatering, paving and grading resulting from the addition of the valves. JUSTIFICATION FOR CHANGE (S): The valves were requested by the County to provide greater O&M flexibility by allowing smaller segments of the pipeline to be taken out of service if connections to or relocations of the pipeline are required in the future. As such, this item results in a betterment to the project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) iPLEMENTATION ST. EPS (Verify each before proceeding with change using Y, N or N/A) Proposed change is consistent with the scope of the existing agreement . Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable CONSULTING ENQrÑEERBE~QI\8M~NDATION: RECOMMEND: .~ ~ Date: \O.\.Ç'"o'j DO NOT RECOMMEND: Date: PROJECT MANAGER RJJ,MM~Af¡OIi: ,],'1-- ~ RECOMMEND: rt:r~ Date: D DO NOT RECOMMEND: Date: COMMENTS: ".-- Revised 8/22/03 Agenda ItemN{).,16E6 December 14, ~()04 Page 17 b~8 CONTRACT MODI FICA nON CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 05-13 AMOUNT OF THIS CHANGE $14,461.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,602,183.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.98% Formula: (Current Amount I Last Bee approved amount)-1 Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to BCe on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MilESTONE: PROJECt SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 10/28/04 CURRENT: 3/16105 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Additional costs for material, labor and equipment for removal and off-site disposal of the existing Pretreatment/Sludge Thickener Wet Scrubber Odor Control System in lieu of relocation of the wet scrubber system to the Aeration Basins. JUSTIFICATION FOR CHANGE (S): This original contract includes a $200,000 allowance to address interim odor control at the Pretreatment Facility and Sludge Holding Tanks. The interim odor control is required during construction for a period of 8 to 10 months while the existing Dewatering Building chemical scrubber is relocated to serve the Pretreatment Facility and Sludge Holding Tanks on a permanent basis. In addition, the wet scrubber currently serving the Pretreatment Building was to be relocated to serve the Aeration Basins. Both relocations arefwere appropriate given the airflow capacities of the existing scrubbers vs. the capacities required by new and expanded plant facilities. The relocations also eliminated the need to purchase new wet scrubber systems. The original design intent for temporary odor control at the Pretreatment Facility was to use a combined approach of hydrogen peroxide injection into the wastewater force main and activated carbon absorption of the foul air stream. After the project was bid, The County elected not to use temporary activated carbon systems (based on previous experience) and requested that biofilters be considered. As stated in Contract Change Order NO.3 (Item 03-01), the use of a biofilter for both temporary and permanent odor control results in a 20-year life-cycle savings of approximately $300,000 when compared to the temporary and permanent odor control measures described above. The biofilter utilizes biological microbes to reduce hydrogen sulfide odor compounds from the air stream. As stated above, the existing Pretreatment wet scrubber was to be relocated to the serve the Aeration Basins. Now that the Aeration Basins will be served by the biofilter, the Pretreatment wet scrubber will be demolished and disposed of off-site. For removal in lieu of relocation, there are additional costs related to labor, hauling and hazardous disposal of the chemical storage tanks. Even after including these additional costs, the implementation of the biofilter results in a substantial long-term savings to the County on a 20-year life-cycle cost basis. Revised 8/22/03 (- I Agenda Item No. 16E6 December ~~04 Page 18 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 05-14 AMOUNT OF THIS CHANGE $ 6,695.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,608,878.00 (8T ARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12117/02 Agenda Item #:1OC Percentage of the change over/under current contract amount: 3.01% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 10/28/04 CURRENT: 3/16/05 CURRENT: 6/14/05 /' SUMMARY OF PROPOSED CHANGE (S): Additional costs for material, labor and equipment to widen the door opening in the Pretreatment Building entering the bin loading room from the north. Required work included sawcutting and patching/finishing of existing concrete and relocation of an existing electrical panel. JUSTIFICATION FOR CHANGE (S): The clear distance for access to and through the existing door opening was adequate before construction on this project began. Under this project, an additional grit pump and piping has been installed in the only available .Iocation. As a direct result of the new pump installation, the clear distance for access to and through the existing door opening was reduced to less than that allowed by code. Therefore, the door opening is being widened to provide the access required by code. Had this item been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. .,.. NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope . Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable CONSULTING E;jG IEEij ~¡;ç~ENDATION: RECOMMEND: _~~ -? DO NOT RECOMME D: PROJECT MANAGER ~OMNK6\ID~¡IP":/L- RECOMMEND: L.r --:")-~M&- Date: \Do "l'\ . o'-c Date: ~ Date: ~f Revised 8/22/03 '"">.",.--.....-'".- AgendBltem NOV-1 ~~6 December 14 ~q4 Page 1 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 05-15 AMOUNT OF THIS CHANGE $10,541.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,619,419.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12117/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 3.05% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUeST ANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 . CURRENT: 10/28/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials, labor and equipment to raise the following items east of Basins 4 - 6 to a grade elevation approximately 17 inches higher than that shown on the contract drawings: 1. Mixed Liquor Recycle Pump Slabs 2. Asphalt Road 3. Sidewalk JUSTIFICATION FOR CHANGE (S): The finished grade of the asphalt road east of Aeration Basins 4 - 6 was based on best available as-built information for electrical manholes installed on a previous project. Based on further field investigation, the tops of the electrical manholes were constructed higher than shown on the available record drawings As a result, the tops of the electrical manholes extend above the proposed roadway surface east of the Aeration Basins 4 - 6. The design elevation of this road and adjacent MLR Pumps slabs and sidewalk were raised so that the tops of existing manholes were flush with the proposed roadway surface. Had this item been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) ~PLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) . Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope - Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable CONSULTING E.;p~ATION: RECOMMEND: DO NOT RECOMM ND: Date: Date: /Of" 'tS - o'-{ Revised 8/22/03 I Agenda Item N~;11~E6 December 14« =t004 Page 20 of 48 r- CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Líquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 05-16 AMOUNT OF THIS CHANGE $ 2,490.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,621,909.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000:00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12117/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 3.06% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 10128/04 CURRENT: 3/16/05 CURRENT: 6/14/05 r- SUMMARY OF PROPOSED CHANGE (S): Material costs to provide six sample pumps for proposed Chlorine Contact Basins Nos. 4 and 5. The pumps discharge continuous samples of effluent from the influent and effluent of Chlorine Contact Basins Nos. 4 and 5 to allow continuous monitoring of chlorine residual, turbidity and pH. JUSTIFICATION FOR CHANGE (S): The Contract Documents stated that the sample pumps would be provided by the County fo'r installation by the Contractor. Subsequent to bidding and in order to ensure unitb responsibility, the County requested that the sample pumps be provided by the Contractor. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) LEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable CONSU. LTING ~~NEE~~ATION: RECOMMEND: U 1 DO NOT RECOMMEND: PROJECT MANAGER RE~MMEC'DAbO~r RECOMMEND: I '1JV~ DO NOT RECOMMEND: Date: \0.. 'tS .. 0 '1_ Date: Date:~ Date: COMMENTS: ,.- Revised 8/22/03 Agenda JtemNct1~E6 December 14. 2004 Page 21 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 05-17 AMOUNT OF THIS CHANGE $ 7,408.00 PO #: 4500004112 Work Order #: N1A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,629,317.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861.000.00 (LAST TOTAL AMT. REQUIRING Bce APPROVAL) Date of Last BCC Approval: 12117102 Agenda Item #: 1 OC Percentage of the change over/under current contract amount: 3.09% Formula: {Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MilESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16104 ORIGINAL: 3116/05 ORIGINAL: 6114/05 CURRENT: 10/28/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials, labor and equipment to ins.tall a 20-inch mechanical joint tee at the point of connection of the 42-inch reclaimed water piping (being installed on this project) with a new 20-inch reclaimed water force main being installed in Goodlette-Frank Road under a separate project. JUSTIFICATION FOR CHANGE (S): Design of the proposed 20-inch reclaimed water force main (being installed in Goodlette-Frank Road under a separate project) included the subject MJ tee and butterfly valve. Based on sequencing of the two separate projects, the County has decided that there would be less impact on operation of the reuse distribution system if the purchase and installation of the subject MJ tee and butterfly valve were transferred to the NCWRF Expansion to 24.1 MGD - Liquid Stream project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) . PLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consultèd regarding the change Proposed prices. fees and costs set forth in the change are reasonable CONSULTING E~EER C.. OMt/IfNDATION: RECOMMEND:· _ ~ Date: 'D.. t\' . c'-( DO NOT RECOMM ND: Date: PROJECT MANAGER RéboMMIlÑ"Jr,nN¿l L- RECOMMEND: ~L -;-~l1-- DO NOT RECOMMEND: Date: \II~ ( Dàte: COMMENTS: I Revised 8/22/03 Agenda ItemNO'1i6 December 14.1 4 Page 22 of 48 ,-- CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02·3418 MOD #: 05-18 AMOUNT OF THIS CHANGE $ 4,659.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $ 25,633,976.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING Bee APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 3.11 % Formula: (Current Amount I Last BCC approved amount}-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT. COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 10/28/04 CURRENT: 3/16/05 CURRENT: 6/14/05 r- SUMMARY OF PROPOSED CHANGE (S): Materials, labor and equipment to install an 1B-inch butterfly valve on an existing 18-inch reject recycle water line. This item also includes additional excavation and dewatering resulting from the addition of the valve. JUSTIFICATION FOR CHANGE (S): The valve was requested by the County to provide greater O&M flexibility by allowing smaller segments of the pipeline to be taken out of service if connections to or relocations of the pipeline are required in the future. As such, this item re-sults in a betterment to the project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) iPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change ~proposed prices, fees and çosts set forth in the change are reasonable CONSULTING E~EE ~JVlENDATION: RECOMMEND: _~ Date: \o~'L\~0'i DO NOT RECOMM NO: Date: Date: " PROJECT MA. N. AGER AECO~ENDATIDII;,..-- RECOMMEND: ~ ~ DO NOT RECOMMEND: COMMENTS: Date: Revised 8/22/03 ·Agenda Item No: 1ai&· December 14, 2004 Page 23 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Lelv Area Stormwater Improvement Proiect PROJECT #: 511012 BID/RFP #: 97-2715 PO #: 915545 MOD#: 8 AMOUNT OF THIS CHANGE $ 0 N/A Work Order #: CONTRACT AMOUNT: ORIGINAL $ 79.926.00 CURRENT $ 670.268.50 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 670.268.50 (LAST TOTAL AMT. REQUIRING Bce APPROVAL) Date of Last BCC Approval 6-22-04 Agenda Item # 16B22 Cumulative Dollar Value of Change Orders to this ContractIWork Order: $ 590.342.50 Percentage of the change over/under current contract amount º % CURRENT COMPLETION DATE (S):ORIGINAL: 2123/99 CURRENT: 11/30/06 SUMMARY OF PROPOSED CHANGE (S): This proposed change is for an Increase in contract time onlv. No dollar amount change Is proposed. JUSTIFICATION FOR CHANGE (S): The reauested increase in contract time is due to the extended period of time necessary to secure a Feeleral Dredge and Fill Permit from the U.S. Armv Corps of Engineers. This øermit is necessary to beain construction of this proiect. The previous contract amendment was completed and approved for an additional contract dollar amount. however a necessary extension of contract time was overlooked. PARTIES CONTACTED REGARDING THE CHA~GE: The consultant and the Stormwater DeDartment Director. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or NIA) -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 N/A Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE:~~ ~ DISAPPROVE: COMMENTS: Date: Date: II/§ /04 , I Revised 9/14/04 ---.----"... ~' .3 -Agenda ultem NoA-6E6---·· m December 14, 2004 Page 24 of 48 - CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: PumDìna Lift Station Improvements - 103 PROJECT #: 73945-1 BID/RFP #: 01-3290 MOD#: 1 AMOUNT OF THIS CHANGE $0 PO #: 4500021634 Work Order #: ABB-FT-04-01 CONTRACT AMOUNT: ORIGINAL $23.350.00 CURRENT $ 23.350.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $23,350.00 . (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # N/A Percentage of the change over/under current contract amount 0.0% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: December 01. 2003 CURRENT: March 31. 2005 ,"'- SUMMARY OF PROPOSED CHANGE (S): This is a chanae order to extend the contract days for Aanoli. Barber and Brundaoe. Jnc.. JUSTIFICATION FOR CHANGE (S): The contract days in the Orioinal Work Order was for the Enaineer to submit the desian/construction documents. The Enaineer turned in the documents with in the time and Budaet. This time extension is to emoower the Enaineer to insoect the construction work. It was not possible to envision the lenoth of the contract because of the unknown comolexity of this remodelina. A time and material item was allotted for this work: PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin, Princical Proiect Manacer. 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 _x_ The appropriate parties have been consulted regarding the change _x_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN G l APPROVE: " DISAPPROV : MMENDATION: Date: Date: It! S/bt.r COMMENTS: - Revised 8/22/03 ---'-.'----.. --. --- Agenda Item No.t,!6E6 -- December 14, 2004 Page 25 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: MPS @ East Area B PROJECT #: 73153 BID/RFP #: 01-3290 MOD#: 1 AMOUNT OF THIS CHANGE $0 PO #: 4500025181 Work Order #: ABB-FT -04-04 CONTRACT AMOUNT: ORIGINAL $158.150.00 CURRENT $ 158.150.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $158,150.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval February 24, 2004 Agenda Item # 16 C 1 Percentage of the change over/under current contract amount 0.0% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: February 01.2004 CURRENT: March 31. 2005 SUMMARY OF PROPOSED CHANGE (8): This is a chance order to extend the contract days for Acnoli. Barber and Brundace. Inc.. JUSTIFICATION FOR CHANGE (5): The contract days in the Oricinal Work Order was for the Encineer to submit permitldesicn/construction documents. The Encineer is workinc to obtain a conditional use permit from CDES. This time extension is to empower the Encineer to continue the work and inspect construction work. It was not possible to envision the lencth of the. contract because of the unknown lencth of time needed to obtain the reauired permits. PARTIES CONTACTED REGARDING THE CHANGE: BiB Mullin. Principal Proiect Manaaer. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or 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 _x_ The appropriate parties have been consulted regarding the change _x_ Proposed prices, fees and costs set forth in the change are reasonable ~~~~~~:MAtt#M~ATION: Date: I/klo4. DISAPPROVE?' Date: COMMENTS: Revised 8/22/03 I ~ Agenda Item No. 14tE6 December 14,1004 Page 26 of 48 CONTRACT MODIFICATION CHECKLIST FORM BIDfRFP #: 00-3111 PO #: 104280 MOD #: 2 PROJECT #: 13MI AMOUNT OF THIS CHANGE U:.!m PROJECT NAME: ~CWRf 18 mad Exøanalon Work Order .: CONTRACT AMOUNT: ORIGINAL' _131,114,385 CURRENT S31.0!ª.836 (START1NG POINT) (INCLUDING THII CHAN'fi"œER) Last Bee Approved Amount 131.0I~'3I ~ AJIT. REQUIRING ICC APPROVAL) Date of Last BeC Approval JulY 11.2002 Agenda Item ,181C) <4- Cumulative boUa, vÍlluï. óf·ehansï.:,o¡'~.",·tó.thl.· ë6'ntriic.tJWol!k Order: .$::139.241'.00 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount I Last BCC approved amount)-1 Results ~nd Actions: I~.the change ~~dI10~ ~CC approval Is. ~equlred; under 10% reported to Bc;C on Purcha81n.g report. For 'þ.eclflc:·lnform~tion.. regarding :work 'order threshold.. ple~ïe refer to the' Co.ntra~ Admlni.tratfon Procedùres. ·SeCtion "l1I.C'.4 /"'"" CURRENT COMPLETION DATE (S):ORIGINAL: May 28,2004 Date due to this chanae: Februarv 28. 2001. SUMMARY OF PROPOSED CHANGE (S): Addition of 200 days due to delays caused by cermlttina the iurlsdictional wetlands. CURRENT: Auaust 12. 2004 JUST1FICATlON FOR CHANGE (I): The site of the Eaualizatlon Tank No 2. ImDacted the lurisdlctional wetlands. and Dermlts were reauired from the Florida DeDartment of Environmental Protection. USACE. and Collier Countv. The aDDrOyed schedule showed a Dlannect start dat~ of December 31. 2002. Once cermfts were I.sued the County notified the CM to start work on this tank on S.member 19. 2003. 262 days from the clanned start date. PARTlEI CONTACTED REGARDING THE CHANGE: Clifford PeDDe(-Hole MontH. Tom Palmer. Bonnie Zinni Rob French - Malcolm Plrnle. Joe Cheatham. Bill Mullin. IMPLEMENTATION STEPS (Verify .ach before proceeding with chlnge using Y, Nor NIA) 2S.... Proposed change Is consistent with the scope of the existing agreement .t:Uð Proposed change Is In fact an addition or deletion to the existing scope 2S Change is being Implemented In a mlnner consistent with the existing agreement .2L The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and coats set forth In the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Jì.\.t~: ø .. DISAPPROVE: Dlte: JO"22. "'04- Date: COMMENTS: -, Revised 9/14104 to·· II Agenda Item No. 16E6 December 14, 2004 Page 27 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Galden Gata Parkwav PROJECT #: 80027A&B BlDlRFP I: 0N083 IIOD Ø: I AMOUNT OF THIS CHANGE $. 0 PO It: Work Order t: CONTRACT AMOUNT: OIUGINAL, ~ CURRENT $. 3.-1. (IT~ (lilCWDING 1M ORDeR) L_t sec Approved Amount $. 3.388.807.00 (LAIT TOTAL~. REQUIRING BCC APPROVAL) Date of Laat sec AppronI 5/14102 Agend.,tem # 1885 Cumuldve Dol.... V.... of Change 0.....1:0.... ContrllctlWork Order. $. 2.A2O.190.oo Percentage of the eM"", overIun.r current contnlct .mount . ___ % Formula: (Current Amount I Laat BeC approved amount)-1 Results and ActIona: If the change _ceedl10% see approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order ttnehoIcIs, please refer to the Contract Admini8tration ProceduNI, Section II(,C.4 CURRENT COMPLETION DATE (S):ORlOlNAL: December. 2003 CURRENT: December 31. 2007 SUMMARY OF PROPOSED CHANGE (8): Chanae the Current ComDtetlon Date to December 31. 2007 JUSTIFlCAnoN FOR CHANGE (S): The Intent of SuDOlementaI Aareement ;IS was for the de8lan finn to Drovide D08t desian ..-viC88 an an -.. needed" b8sis for the life of the construction DroIect. but the cornDletlan date was not 8XbInd8d to the datø that construction will be comDleted. this mO$llflcation correctø that error. PARTIES CONTACTED REGARDING THE CHANGE: CIerk8 Office. Purchaslna DeDartment. the Actina Dtrector of TE&CM and FmA. IMPLEMENTATION STEPS (Ve"'" each beta.. proceeding with change ualng Yt N or NlA) _ y _ Proposed change II col1listent with the lCOpe of the exiltJng agrøment _ y _ Proposed chll1g8 lain fact .. addition or deletion to the existing scope _ Y _ Change II being i'npJemented In . manner conaistent with the asUng agreement _ Y _ The appropriate parties have been conaultec:l regarding the change _ Y _ Propol8d prices, f8ee 8I'Id coeta set forth in the change are reuoriabte PROJECT IlAHAGER ~DATION: ~~~~~1- Date: //.,p... Q Y Date: COMMENTS: 'T'he need for chanae was DromDtec:l bv notification from the Clerks Office that further œvments could not be DI'DCHMd without ext8ndina the comDletJon date. This chanae COIT8Cta that error. The benefit III to have the deaian linn aVIIlhlble for conaultatlon durina the construction Dro0888 as intended bv SUDDIementaI Aareernent Mi. Revised 9/14/04 I r CONTRACT MODIFICATION CHECKLIST FORM ····Agen<ia-ltem-N0:4Œ6---- December·14, 2004 Page 28 of 48 ~_.... ...~ ""~""_-.'- ,. .... -. .'. -~_. ..., . _..-.. ,.... _"'_'__"'_'rin"""~".· .....' .__ -..-. PROJECT NAME: Excand NCRWRP Process Control Buildinc PROJECT #: 725101 BIDIRFP #: 01-3235 MOD #: 1 AMOUNT OF THIS CHANGE $ 1.000.00 PO #: 4500029418 . Work Order #: 55-02-06 CONTRACT AMOUNT: ORIGINAL $ 45.644.00 CURRENT $ 46.644.00 (STAFmNG POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAL AMT. REQUIRING BeC APPROVAL) Date of Last BCC Approval Agenda Item # Percentage of the change over/under current contract amount ~ % , ~'" Formula: (Current Amount / Last BCC approved amount)-1 ~ Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (5): ORIGINAL: 12/28/2004 CURRENT: 6/30/2005 SUMMARY OF PROPOSED CHANGE (S): Include a Not to Exceed amount of $1.000 for incidental excenses. /""'" JUSTIFICATION FOR CHANGE (S): Incidental expenses are allowed in the contract but no amount was included for them. PARTIES CONTACTED REGARDING THE CHANGE: Purchasina (L. Wood) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) y.. Proposed change is consistent with the scope of the existing agreement y.. Proposed change is in fact an addition or deletion to the existing scope y.. Change is being implemented in a manner consistent with the existing agreement y.. The appropriate parties have been consulted regarding the change y"Proposed prices, fees and costs set rth in the change are reasonable PROJECT APPROVE: DISAPPROVE: Date: October 19. 2004 Date: COMMENTS: This contract. necessa to in the ,-. REVISED 9/9/03 --- - ----- - CONTRACT MODIFICA nON CHECKLIST FORM s ,---- A-gendaHem" No;--ffiE6" December 14, 2004 Page 29 of 48 .. ~m ..__..._ .....__,__.._..._,.,..,..,._"..._~...__..,.. ~m...'" PROJECT NAME: Expand 8CRWRP 2nd Floor Process Control Buildina PROJECT #: 725091 BIDIRFP #: 01-3235 MOD #: 1 AMOUNT OF THIS CHANGE $ 1.000.00 PO #: 4500027872 Work Order #: 88-02-04 CONTRACT AMOUNT: ORIGINAL $ 55.625.00 CURRENT $ 56.625.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAL ANT. REQUIRING BeC APPROVAL) Date of last BCC Approval Agenda Item # Percentage of the change over/under current contract amount 0.02 % \:6D Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (8): ORIGINAL: 11/14/2004 CURRENT: 6/30/2005 SUMMARY OF PROPOSED CHANGE (S): Include a Not to Exceed amount of $1.000 for incidental eXDenses. JUSTIFICATION FOR CHANGE (S): Incidental eXDenses are allowed in the contract but no amount was included for them. PARTIES CONTACTED REGARDING THE CHANGE: Purchasina (L. Wood) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NIA) Y Proposed change is consistent with the scope of the existing agreement .y.. Proposed change is in fact an addition or deletion to the existing scope .y.. Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change 'y"Proposed prices, fees and cas set forth in the change are reasonable Date: October 19. 2004 Date: PROJECT APPROVE DISAPPROVE: COMMENTS: This contract. is necessary to cover leaitimate eXDenses allowed in the REVISED 9/9/03 I t (" ..-- .~~~~q '. ~6L/()S ~~_ 48 CONTRACT MODlFlCATtOM CHBCKLlST FORM PAOJSCT NAME: CR..8'" ..JiI-"'......~ pROJECT #: .711St. 70152. Be 101. BïtrIRPJt·tr. Ø$at7. MOD~· . 2. ,RmUNT Of Tf.f18 CHANG'! .1M2-00 PO 1:; 4SOØØ228II W01'k OrtMtr I: ItA· ·CØNTRACT. .. .... . AMOtINT: OfItI8tNAL. ........ '.... '.. CURRENT $~1¡¡qg ~ . ·TMIIf·èHANIIE oADEJilt) ... BOO ApJrt.o¥ed Amount sJlll.2ll.œ . 1DW·~'AMT.lII5GøtAlllØ'IICC ~M.) _ot&.at,ICd,,~ _oM ."'dêlt_'1~ Per_,.. of the..... cwerNftdw _.... 00I1trØt amóUn.ì.4Ï ~I: (Oui'rW'lt AmOánt 1l.8$t· 5CC apprø¥èd arnount}-1 :RuutIt and Adi~ It 1he en.. .ceeds 10% Bee approval Is required; under 10% reported to Bee on PaFchasing report. . % QUMSN100MPIJ;TI()N DATE: (.s}~ ~....11~ ~:. . ;9-1.S""'J6 =,~~~~~~~~:==::J¿~ttkma1 ~ FOR CHANGE (S): P!Øiidt~ CéàIâb R8øor1 tsoommønø_ø&ìCinc qarti~ øf tÞe _r =::ø:~~~~:~~ ft ~as atsobeendet.,~:~áq P<ARTiI!I CONTACTeD fIBGiAfIOIMGftII ~: Thê water maImI.Otïl:J8UltMt (~"tW &. ~n)" ~..~ s~..~..Ena.lneerintl Dfrectør and PrinolDal ÞmÞJeot. Manat1$.t. andW.tet o.~,.. . JM~ ATION $I:éP4. cv.t".... b8fOI8' ptOCIIeIdf". \9111 drlnge bII1hO V, M or N/4 -X- ~èê4 øIíaftQ.é.ft¡' bOtdIfst'em·wIt\ 'Ihø scøpe. of 1'h&~. qrsement .L PrapoaetJ Ghfilge Is in faG( am ad\ØøA, or deletion to till. existing $COJIS -X- ¢harp I. beiAj, ~ 'In '. Mâtmet oenSi$tént with 1he èId.lðg ,a~aement ...1- T:b'9 ~- parties tuM' bas" CORSwIteå 1'8f 8Jå1n; the Qhange ..:ï... P1'oþG3ed ptÌàeS1,1888 and .costs utfèTttr In the øhange are reasonaÞfe PJmJfiCT~R ~NDATION: APPROVE: ~ >f. p;."J /_.1..[,_ DlSA'PPRO-VE: OOMMENTS; Cats: I J .- 9 - dlf- Oate: Rovised 8121103 ~~'t~ ,~;~ ~~ "';:;:~. , ,;~ . Î., . ..: CONTRACT MODIFICATION CHECKLIST FORM Agendl~¿{~~1~ December 14, 2004 Page 31 of 48 . Cl9. 1((..... :~.J.~_ PROJECT NAME: AlrDort Pullina Road North median landsC8De installation imDrov&ment Droiect PROJECT#: 112·163652-620314 .~ 1 ~ AMOUNT OF THIS CHANGE $35.661.00 BID/RFP #: #04-3627 MOD #: PO #: 4500028586 Work Order #:_N/A CONTRACT AMOUNT: ORIGINAL $ 464,186.97 CURRENT $ 499.847.97 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $ 464.186.97 (LAST TOTAL AMT. REQUIRING Bce APPROVAL) Date of Last BCC Approval APril 13. 2004 Agenda Item # 16B11 $ 35.661.00 ~;}¡7¡I:I~~jlf'!:1 :)õ¡li-:'" \'~Ih::' 'Ii' ;' r~:¡r'q:' Z)( I-'r' ('{¡'wf:-z. '~::'~"¡f~r;:'?ì;;{ \1\r;;r;::'.,:C·)~'-.r:y¡'. Percentage ofthe change over/under current contract amount 7.68 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the chan e exceeds 10% BCC a roval is re uired; under 10% re Purchasin re ort. CURRENT COMPLETION DATE (S):ORIGINAL: 140 CURRENT: 201 SUMMARY OF PROPOSED CHANGE (S): See Attached Documentation JUSTIFICATION FOR CHANGE (S): See Attached Documentation PARTIES CONTACTED REGARDING THE CHANGE: Bob Peterson, Pamela Lulich, AI Vandermuelen, Darryl Richard, Gail Boorman, Diane Flagg, and Gloria Herrera. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Þroposed prices. fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: ~~ DISAPPROVE: Date: I-W. f ~ '1..Oð 4- Date: . COMMENTS: Chance Order #1 addresses chances in specifications. adiustments in auantities. and resultina cost savinas. Revised 9/14/04 RECEIVED W" NOV 1 5 2004 5'ß' 6" pro. ransportJltJon pera ODS ATM De t. .~ ,-- <:> - Agenda Item NÓ.jJ6E6 December 14; ~004 Page 32 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Naples Jail PROJECT #: 52008 BID/RFP #: 98·2829MOD #: 29 AMOUNT OF THIS CHANGE $11,947.95 PO #: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAl $ 34,402,176.00 CURRENT $29,703,585.26 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $29.914,672.14 (LAST TOTAL AMT. REQUIRING Bee APPROVAL) Date of Last BCC Approval 2/10104 Agenda Item # 10-8 , \; I ~: \.:-2j > !~ ~..:.~ ,-I I 'I.: ' ..-~ I ~ ~. " 'I. I '.' I.., ~'~ J I . ,I (: ~ :.J;~ \ \ \ ..? i. ~ . ': .: \ '. (4,726,685.00) Percentage of the change over/under current contract amount -0.71 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actjons: If the chan e exceeds 10% BCC a roval is re uired; under 10% re orted to BCC on Purchasin re ort. r CURRENT COMPLETION DATE (S):ORlGINAL :6113105 CURRENT 6/13/05 SUMMARY OF PROPOSED CHANGE (S): Credit to owner for{ 61,500.00) for temporary electrical service Is In County's name already and will not have to be transferred from Kraft to the County at time of permanent service. Change In the electric gates and fence around the service yard results In an Increase of 30,588.80. Additional solenoId valve zones added on the third floor resulting In 13,238.97 Increase. Moving of duct work on the 2nd & 3rd floors out of reach of inmates resulting In 7,910.50 Increase. Installing roof drains for 7,495.00. Adding an additional card reader at garage sallyport for 4,692.82. Railing & wire mesh panels at the garage stair towers. 8,031.66, To Install electrical circuitry to fire pump jacket heater, 1 ,491.00 JUSTIFICATION FOR CHANGE (S): Per Schenkel & Shultz. PARTIES CONTACTED REGARDING THE CHANGE: Jack Crognale, Skip Camp IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE:.OCúÆ tr~~ DISAPPRO~II:: ~ ,,-- COMMENTS: Date: /¡ / / }/ Date: / . Revised 9/14/04 ~.-.~ . -..... -- <D"I;tCO WO"l;t <DO_ ......('./0 o "I;t- C"> z......C"> ....Q) EQ)C> Q).c (\:I ~Ea.. (\:IQ) "'Cu eQ) Q)o C> <C 'E ~ m Q) = .9 ... i! 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I/) ðJ NOU-Ø1-2004 09:57 COLL I ER CO PRK Agenda Item t-fÒ~~6 December 14, 200~ Page 37 of 48 CONTRACT MODIRCATlON CHECKLIST FORM PROJECT NAME: Golden Gate CommunIty Center Annex PROJECT #: 00163 ISIDlRFP ,: 01 -3235 POI: NOD': 04 AMOUNT OF THIS CHANGE S 2, 650.00 Watk Order #: BSW - 00 . 16 CONTRACT AMOUNT: ORIGINAL S 10, 207.00 CURRENT þ3.397.00 (STARTING pOIN'J) (lNCWDING THIS CHANGII ORDER) Last Bce Approved Amount $10, 207.00 (lAIT'TaTAL AMY. RI!G\lIUNG ace APPROVAL) Date of Lam BCC Approval NIA Agenda Item # NIA Cumuhdlw Dollar Value otoChange Orders to thll Co.ntractlWark ørcter~·"~.180.00 Percentage of the change over/under current contract amount 129 % Formula: (Current Amount I Last BCe approved amount)-1 Results and Actions: If 1I1e change exceeds 10% BCC approval is required: under 10% reported to Bee on Purchasing report. For specific information regarding work order thresholds, plesse refer 10 the Con1ra'Ct Administration Procedures. Section 111.0.4 CURRENT COMPLETION DATE (S):ORIGINAL: March 2, 2004 CURRENT: May 24, 2004 SUMMARY OF PROPOSED CHANG! (8): Provided additional services from BSSW Architect and Anchor engineering. JUmFlCATlON FOR CHANGE (5): Construction dlrficiencles by Oeneral Contractor( Lodge Construction). The amount for the field observation by the Consultants will be deducted from lodge Construction Change Order No.3. PARTIES CONTACTED REGARDING THE CHANOE~ Archttect, eMI Engineer, General Contractor,. Interim Director and Senlar Project Manager. . IMPLEMENTATlØN STEPS (Verify gch before proceeding with change using Y, N or NIA) Y Proposed change Is conelstent with the scope of the existing agreement Y -Proposed change Is In fact an addition or deletion to the exJsting 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, tees and costs set forth in the change are reasonable PROJECT MANAGER RECO~MENDAT10N: APPROVE: Antonio RUÞertoÛ~ DISAPPROVE: Date: Aug. 23. 2004 Date: COMMENT: This is the Fourth Work Order Change. The 10% does not apply for this ohange. Rcvised 9/14104 I Agèhda Item No. 1€Œ.6 December 14, 2004 Page 38 of 48 CONTRACT MODfFIC:ATION CHECKUST FOI~M PROJECT NAME: Landscape Architcctura1 Services for Livingston Road from Vanderbilt Beach Road to Immokalee Road (I. 7 miles} PROJECT #: .50411 (Fund 31 ~) BIDJRFP.: 00-31.31 MOD .: POt: _45-19686. 1 AMOUNT OF nllS CHANGE '_0 Work Onter .:_ TLM-OP-Ø3-02 CONTRACT AMOLJNT:ORIGINAL . 29,208.80 CURRENT $_29,208.80 (STARTING POINT) (lNCLUDfNG'" CHANGE ORDER) Last BCC Approved Amount S (LAST TOTAL AMY. REQUIRING .CI:APPRov~ Date of Laat BCC ~roval_Work Order- Landscape BeautifIcation Maater Plan_Agenda Item # _ CumulMlve DoUar Value of Change Orde.. to thle Contrac:tIWork Order: S 0 - There Is no change to the dollar value. Pen:entage of the ¡:baRge over/uncler current contract amCÞunt 0 % Formula: (Current Amount I Last Bee approved amount)-1 Results and Actions: If the change exceeds 10% BCC approv.alls required; under 10% reported to ace on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Proc:ndures, Section III.C.4 r CURRENT COMPLIITION DATE (S):ORIGINAL: ApriJ 28, 2OC14 CURRENT: November 30, 2005 SUMMARY OF PRCÞPOSED CHANGE (S): :Ibis change order is to tim.., due to project delays where the base map informatio [l had changed therefore we are increasing ',he number of days to complete the work. The 180 days designated the timeframe for design work only. Tbe scope of work includes design work, bidding procedures, l;ontract administration and close--out ofthc: project, therefore the work order timeframe was adjusted to ret1e:t the full length of the project " JUSTIFICATION FCIR CHANGE (8): The timeframe of the project was pushed back beca.... of changes to the bue InfonNIllon and the need for ..-built Inform8tl(Jß on the project. PARTIES CONTACTED REGARDING THE CHANGE: -º!Qria Herrera. Unda Jackson. Marv MIIat. Diane Flaaa. Carrvl Richarci IMPLEMENTATION STEPS (Verify each before proceeding ,Ifith change using Y, N or NlA) _ y _ Proposed cha",e is consistent with the scope of the existing agreement _ y _ Proposed chane; e Is In fact an addition or deletion to the e) isting scope _ Y _ Change Is being implemented in a manner consistent with /he existing agreement _ Y _ The appropriate parties have been consulted regarding the change .:.y _ Proposed pñces, fees and costs set forth in the change an!' reasonable PROJECT MANAGE R RECOJIMENPA110N: APPROVE: ~.~ ~.? rn~MO~ ' Date: /'0('",) ~? ,¿ r 'Date: ~ r COMMENTS: _ - Revised 9fl4l04 __.___._ .~,...,.'d' .___ Agenda Item No. 16Ei', December 14, 2cm4 Page 39 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Toilet R.novatlons Bulldlna F PROJECT #: .JjA BIDIRFP II: 01-3235 MOD ,: .LAMOUNT OF THIS CHANGE $150.00 PO If: 4500035011 Work Order ':DA.Q2-G5 CONTRACT AMOUNT: ORIGINAL S 14,305.00 CURRENT $15,255.00 (lTARTING POlin) (lNCWDlNG THIS CHANGE ORDER) Last BCC Approved Amount SN/A (LAlIT TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # CumU~'DoIIar V8Iue Of Change Ord8rs to this COntnl~ork Order: '.50.00 Percentage of the change over/under current contr8Ct amount 8.84% Formula: (Current Amount I Last Bce approved amount)-1 Results and Actions: If the ct:uange ~cJ.s 10% BCq ap,pr'9valls requl~ed; u~der ~ q% reporlBd ~ Bee on Purchasi~g "p~" For SP8,ctfic Information r8gardlng· work order thres~lds, p~ refer to the Çòntract Admlnlstratio~ Pr~'ur8si Section 1I~,C.4 CURRENT COMPLETION DATE (S):ORlGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S) Resolve fire penetration condition. Condition rejected by East Napl. Fire Department Inspector. JUSTIFICATION FOR CHANGE (S): Add ~eslan for correction to found conditions duma demolition Drevlouslv resultlna In additional research and time scent on the croiect site . PARllES CONTACTED REGARDING THE CHANGE: Dal.. Disney & Robert Fuentes IMPLEMENTATION STEPS (Verify Nch before proceeding with change using V. N or N/A) _ Y _ Proposed change Is consistent with the scope of the existing agreement _ y _ Proposed change is In fact an addition or deletion to the existing scope _ Y _ Change is being implemented In a manner consistent with the existing agreement _ Y _ The appropriate es have been consulted regarding the change _ y _ Proposed R 8. and costs forth In the change are reasonable Date: '" I ~ t/ Date: ' COMMENTS: Revised 9/14104 I r CONTRACT MODIFICATION CHECKLIST FORM Agenda ItemNo.~ December 14, 2004 Page 40 of 48 PROJEC,. NAME: Gulfshore Sidewalk Re-Alianmer! PROJECT #: 69081 BID/RFP ,!: 01 - 3290 MOD 1#: ~ AMOUNT OF TH S CHANGE: IQJ)Q PO,: 4500021225 Work Order': PHA-F.T. - 03.. 03 CONTRA(:T AMOUNT: ORIGINAL $ 44.730.00 CURRENT $ 45.590.00 (STAR11NG POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ N.A. {LAST TOTAL AMT. REC!lJIRING Bee APPROVAL) Date of L¡lst BCC Approval Dec. 03.2002 for $44,"30.00 Agenda Item # 16-E-1 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 860.00 P8rcen~le of the change over/under current contract amount: ~ Formula: (Current Amount I Last BCC approved amount) Results and Actions: If the change exceeds 10% BGC approval is required; under 10% reported to BCC on Purchasing report. For specific informa':lon regarding work order thresholds, please refer to thf. Contract Administration Procedures, Section 111.C.4 ,r- CURREN1" COMPLETION DATE (5): ORIGINAL: 120 Days - (PO Issuance Date November 24, 2003, Notice to Proceed Date January 5,2004 to M,IY 3,2004) CURRENT: 300 Days (May 3, 2004 to FEtbruæy 26, 2005) SUMMARY OF PROPOSED CHANGE (S): . The De:ìign Professional has requested an extension of 300 additional days In order to complete the tasks in the Scope of Services dated July 14, 2003. JUSTIFICATION FOR CHANGE (5): Linda Jackson has indicated that a Change Order with an acoompanylng Contract Modification Checklist Forrr' is needed to adjust the number of Completion Days so ttere will not be a problem with Finance's pélyment of the Design Professlonars Invoices. After notification and In response, the Design Engineer was contacted and has been submitted a request for Additional ten (10) months - 300 days) Cc,mpletlon Days. The original Work Order Indicated 120 days to complete what was listed In the Original Scope of Work. Tho first 120 day period has past. In justification of the additional Completion Days requested, there has been additional field delays due to the lack of having on file a typical roadway drainage plan, no r:>adway "As-Bullts", delayed survey data that was to be provided by the County to the Design Pn)fesslonal, adjustments In the location of the sidewalk segments,. the need to research for and gain SiFWMD permits, and hurricane delays. (Also see Exhibit "A") Another issue that has complicated the Completion Day time Is that funding is currently not available to constrw:t the project as designed and the Original Scope of Services Included services during the Bidding P -oœss. The Design. Professional has ,nf)W calculated the number of 'Completion Days needed from the end of the first 120 Completion Day period to a stopping point with the SFWMD PerTnit anel completion of the 100% Plan submittals. , At such ':ime the project is funded and Professional Services are again required for the Bidding Process and Services During Construction, a new completion days block of time will need to be determinel1 and another Change Order and Contract Modification Checklist Form completed. PARTIES CONTACTED REGARDING THE CHAN'3E: Purchasing, ATM Director, and the Design Professlor al -- ' REVISED 9/9/03 ---..-- Agenda Hem No. ,îE6 I ,., . December 14, 2004 IMPLEMENTATION ~EPS (Verify each -before prc)cee~1n.g with change using V, NRø~ 1 of 48 ...':(Proposed change IS consistent with the scope of the eXIsting agreement . ...::'Proposed change Is In fact an addition or deletion to the existing scope ..¡ Chang.! is being implemented in a manner consistent with the existing agreement ::5: The appropriate parties have been consulted regélrding the change -r' Proposed prices, fees a~d costs set forth in the change are reasonable PROJEC1: MANAGE~, R-=COMMENDATION: APPROVl::: lJ'L ~.:-((., DISAPPROVE: Date: Date: : :,.j..)!I.I"¿~ " COMMEt--ITS: H-Drive, TO&ATM, Landscape Docs., Work Orders, Contract Mod. Check List REVISED 9/9/03 I ·.._------ ....-------.-.--.. _.. F . ......-.."..-.. Agenda-Item No. --1 ~6 - December 14; 2004 Page 42 of 48 COIIITRAC'I"~TION CMECI&IBT PO_ I'RØH:CT .... VUderiJift, ~ fOro ,Master Plan PRÐJEC1W: .a 1IIIMIFP'If :(1)41'" fIOD~ 1 AIIOUM1' OF THIS CHA~1B.854. 18) POt: ~ ... On:tiø.: TLo.wMI-Oi!k01 cornrRACT MIOUNT'; alltl.bU..$ ~CUFUUiN.T $~_sa~lS5.S4. '. ~~~ Ldt liCe Approyeâ·Amould$ tLMT"".~sœ ~ Ddt eU.. 8ÐC ~ F1íbruarv 27..2OQ' . Agenda,,,,, t 18 (~2 Ca.........' DaIIar-......o.r·Qh¡¡q... 0nIwa to ttIJs· Cv.dbacofMol:k ~·"4.e,864:,16 ~'a.i............. CUlWMcClfltrHt-.ount ·~.(.CUtNnt·~ILøtIŒ~*~)..1: ~,_~: Itft:l8d1..... ,Þ"QIQ 1ft BOO,.pprovat iI requAd; Ul'lder 10% 1'IEIpQI!t8&!I. tClBCC .(Jt\ .pij~ :J'8þårt.For ~ 1Rf~ "*ØIdmø WO\1( 01'_ Mitt.., .... FêftW tò the ~ ~ ~, 8ecfionOtC.4 CUM.£:M' GOMPLe11ON [MTE($):ORIGIIM.: CURfteNf: ..lItIHty OF PttOPaIIiOCHNME {8t: ....... T_2.2te Dl\flMtj~ taka, ~ cr.edØ·fèr ra1-..- :sanri_"'~"¡'¡~.""''¡.:S;J_2.8'1A·:alâitrto~wciJ'kèrd8r. .. . . . .... . . .. . ~'ìJO Jj FOR Cft..- (8 : ä~~- ....·..·....._,vv~~__ ........'~--: ............ JlMflEI GOff~ ~ TfI8 ~G& Gk.1ri8 ~ Bat..·p~..Da!m1t Fend....... ~~.,.. ~·~""''''''''''wftb ........v, N or ~ ...y....~~ Î$~wtthtM..Øf1hee~ ~ _"C PropøIøå change' II 'Ú'lfeltM -1I!Idftkm, or ÔltetiÐJII to the 1IØGidht· acope. .... V:"" Otange- is being. imf*mried in. manner~. wItt1 the IJdItinQl agreement y _ '1"h8~I1ate~, havè·..., cøn8U1Itd .tdIn¡, the c:hanØt. :of ....~.pd~ fee am:tc=-_ferfh In tIe~... taMuble =~: o.te; II-t'~" Qt$APPROW: ....... Of!rte; coMMENtS: ~9I14/(M Lj,'''''1;'''~~' ~.,'". .' ,,';',,~;",,"";;¡"¡""""';:,J\,,~;.....,,",>t!iÍ . -"+*-'..-_..' ........ Agenda-item-No.4E6 - ... December 14,2004 Page 43 of 48 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: 3rd Floor Renovations to Blda. "H" Public Utilities Offices PROJECT #: 71015 BID/RFP #: 01-3235 PO t#: 45000020486 MOD#: 1 AMOUNT OF THIS CHANGE $0 Work Order #: VL-02-12 CONTRACT AMOUNT: ORIGINAL $ 28.400 CURRENT $28.400 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last Bec Approved Amount $0 (LAST TOTAL AIIT. REQUIRING see APPROVAL) Date of Last BCC Approval NA Agenda Item # NA Cumulative Dollar Value of Change Orders to this ContractIWork Order: $ 0 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BeC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section IJI.C.4 CURRENT COMPLETION DATE (S):ORIGINAL: October 31. 2004 CURRENT: October 31. 2005 SUMMARY OF PROPOSED CHANGE (8): The time for comDletion shall be increased bv 12 months: from October 31.2004 to October 31.2005. JUSTIFICATION FOR CHANGE (S): The DroDosed administrative modification will ensure the Work Order remains consistent with the contracts time of comDletion. PARTIES CONTACTED REGARDING THE CHANGE: Purchasina and Contracts Aaent IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NIA) Y Proposed change is consistent with the scope of the existing agreement N 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 NA Proposed prices, fees and costs set forth in the change are reasonable APPROVE: DISAPPROVE: COMMENTS: Date: #Ar-OY Date: . Revised 9/14/04 _.- +........... .-.-...--....-.. -. ---_. _. '".-- . ......._.....u._....._._u __....._...__.__._.on_..... __.. . _ ......... ....... .".._.."_,.......".~ ......_w.._._.. .n. ..---.". . AgendaqHem~N(}.16J December 14,2004 Page 44 of 48 ( CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Exterior Facade Bulldina L PROJECT #: 54003 BID/RFP #: 01-3235 Annual MOD #: 2 AMOUNT OF THIS CHANGE $ 0_ POt: Work Order #:SS.Q2-Q7 CONTRACT AMOUNT: ORIGINAL $ 24,000.00 CURRENT $24,750.00 . (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ Date of Last BCC Approval (LAST TOTALAMT. REQUIRING BCC APPROVAL) Agenda Item # '~~'I··¡/l·¡''' ~I: ~ .,. .Il~tl ':J-\ I (I Ii:.,,' ':.1 \ \' :,: I"':'~\ ·~,,}i~·1:t::\;l~/\\!~,;, ':". " I tjil.,··{~~}~t"L\~0 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount I Last BCCapproved amount}-1 Results and Actions: If the chan e exceeds 10% BCC a roval is re uired; under 10% re orted to BCC on Purchasin re ort. CURRENT COMPLETION DATE (S}:ORIGINAL: December 3.2004 CURRENT: June 15.2005 ~ SUMMARY OF PROPOSED CHANGE (S): Work Order has expired and the chance order is for an extension in Calendar davs for completion. JUSTIFICATION FOR CHANGE (S): Per Finance PARTIES CONTACTED REGARDING THE CHANGE: Jack Crocnale. Gary Kruecer IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y Change is being i emented in a manner consistent with the existing agreement _ Y _ The appropriat a ies have been consulted regarding the change _ Y _ Proposed pri s, f sand ts set forth in the change are reasonable Date: 11- '1- Ðý Date: COMMENTS: r Revised 9/14/04 ...-,..-. ...,-...._..,_...,..,_.".---~-...._... ........ U·_. _.... .....__.___._ .Agendaltem-No....tlË6--. December 14, 2004 Page 45 of 48 . CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Rookery Bav Force main and PS Improvements PROJECT#: 73945 tJ'I BID/RFP #: ~535 MOD #: 1 AMOUNT OF THIS CHANGE $1,700.00 PO #: 4500036297 Work Order #: UC -044 CONTRACT AMOUNT: ORIGINAL $ 145.798.50 CURRENT $ 147.498.50 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BC~ Approval N/A Agenda Item # N/A Percentage of the change over/under current contract amount .01% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: Nov 23. 2004 CURRENT: Nov 29.2004 SUMMARY OF PROPOSED CHANGE (S): To remove an obstacle found in the trench and tie-in the force main. JUSTIFICATION FOR CHANGE (S): After Contractor started dicainc they found a bie block of cement (could be a foundation for either Sienal Dost or Licht post) in the trench. This would have to be removed to build the rest of the force main. This chance was not anticipated at the onset. Funds are available in the budcet to cover this chance. This chance is dictated due to field conditions. PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin. Principal Project Manaeer IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or 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 _x_ The appropriate parties have been consulted regarding the change _x_ Proposed prices, fees and costs set forth in the change are reasonable ~~~~~~~MANA~J~t~~DATlON: Date /l1/6/óf+ DISAPPRO~ Date: COMMENTS: Revised 8/22/03 I . d. .. ._.~._ ..___..._.. ,_.._.__ .-..--'.---.".--" -.,.... .,. ,!-.;--- ",.' tf .-..-.__...- .' .... Agenda Item No. "1 &6·"" December 14, -2004 . Page 46 of 48 " r CONTRACT MODIFICATtON ctœCKLlST FORM PRØJliCT NAME: "Pme Ri4gc: ~ (piae Ridge /1-75 .. 2. miles) bmdscape improvement OOIlSttUciion ~ PROJECT tI: J 12-1 636S2-1633l0-74O<4ól IIKWRfP t: DD-3~' ~eo tk " 2 . "..MIOUNT OF THIS c~_.GD ~uct 110 t:: _ PtGja Nmnber~ 1I2..16~'652-7'6331 0..740461 Pine Ridge lB.terdumg~ Bid 00..3131 BeC 1121104 Wort' ÐrRr Ik 'fLO..JRL,¡QA..Ol ¡J6 'I~ð"Oc317/0 CONTRACT "AMOuNT: ORIGØW..'~.' .;. . (/ . CU:A.0".."" .~. ' ~ " " 0lIl8) Lat'eoc....~Mount. "o:.UtmT&"".'''ìRING''.~MJ u.te. ofL.at$QC" ~.L BiAlÖO-'Ut_ ..........ßCC 71211Ø4 ~Ofh·..... cwetftJmIe, ctment COtttractantOU"t Pormul8~ ~."AmMIRt lLäst:BCC~" ~-1" ~Q_~s: "$0 ' .",,1Í8~ o " " % CURRENT GOMPlETfON OATS: (&):OFMINAL: 18Q èURREHT: R~WeGlInWDIk olsn ".SUMMMV OF PROPOSED CHANGE (S':CLOSe THE WORK OROE~ M1'ìJfttAttØN FQJ;t,~ (8)~ ~fust ~~aràet ~Â'QP!RaNðÛœ ÎŒ,~ Watk.:k,,3tda¡ysto .coD.fJ1:U!_~~e 1b:r't4e.~7S·~"FD01' iI~J~ ~~tìDh'S -.d"l,.... ,,1),,*".'," ~ ~"¡~~~75~~~1.þ,,fð ~'_;~q it~,ðid:lym.,f»'t"O.-~:~"a, ~_~~_~JUD~~~'friththèLeeCif&'~,~'¥~hOæ~ ø7iG&. 1'JìI.tn,ùålso a~t1O,~&.ea Qaè,briW &oks at the,L-1S-1 J1ftmab1ø" ¥ an ~( "T.bq.t~ ~~~ P1att "Mil be ~ tb. reflIot f1ac r.emîetiîizåtion ,of the :Pm .B.i4p" ~andthe ltfm:ioka1ee IdtercbøQgc [Ands~ing pn>jects. These ~iects wi11 be ìMtlJ~ 1Ik.1-15 ÎI widened. ~ CON'1'rÀCT&Ð IEGARØlMé 1'ME CHANG!: l.olmR:y Limbaugh. Milœ R¡p. .DJane: ~ OIDtià. H«refI" ......Í\ffAl1QM STlP8tv.v, eaot.'I·....·~WJtIt ctt..,. wing V, N Of NtA) Y8S_ p~ tWlr.lg't!tf$~ent Witt:r the 8CC>pe of the ~.agreement yes _ ~ cbange. in fact an ack.'MIon or delè1ion tothè _81"9 $CQpIt yes _ Ohange is betmg ~.mw1ied In 8,martn8t œnsistent with the ex1stiAg ..AIem'ènt y&8 _ "/1JIe ~ pattin hawI œeneoMtIÞd regriing tt.Ie em.. yes _ PFopeød prRIeI. feeS andoostsNt fotth !nthe change 8I'e /!888OnabJe R~ill4$04 " " ....- -.-.- -- --------. ,. Agenda Item No. 1ébs. December 14, 2004 Page 47 of 48 ----- =,a~~ Daœ: l;h/- Ý ~PROVE:... ... .. Date: COMMENTs: Revi'Sed 9/14/04 '.,..;:.'Ij"" ", 1 J- Agenda Item No. 16E6 December 14/~04 page- 4é.'ðf 4.8 CONTRACT MODIACATtON CHECKLIST FORM ~. NAIP!:. T~ __hDg&- Landscape BMDâfitØtion M..- P1aa: (I7SICR 146).' Prójeét Nam'ber lt2w1'636$2-1&Jii-04'003Gl) 81G1RPP~. .lIJ.31stllélDl: ~T.Of TMf801tA1GE· .Deduct....fT..1t PO t: 4SOOO31 ns Wolf(Ofdwt: TL~lBlS-.04-g1 i COft~.MO'f.AMØUMT~ONQIML,tA,I1¡3.00 OUMBNT.,. ~..'. /3,107.01 )}yo lJ1lMlRl ~ (IIICLIIDINO TMIa'CMØèE! ORDIIR). tJ\ latBOC ApþJscwedlll8Dnt.. (t.MTTor.\LMrr .~ . ' , .8CC~) DíIte'ofLDtiBCC A~ """'1t8m# ·~of_~,~~coø-.ct.mot(ftt ~(QunWIt~,ntfu.t ace~"~unt)~1 a-1.;U.....~ A~V..'·· '. ,. ": ...... .... '.' . " ~"~~J'.,~. , ;,'.', ' " . o % CU~T CC)Mþ1..!T1ON PATe (S):OfHIMl: 1'80_COItReNT: ~,w_ cHder ..~ 4.., ~ SWUAfIW OJ:: PfCOPO$S) CMANGEt'8J: CLDSE TH5~.~ JUS~NFORQfMlU($þ;ntfiMt·~OJ-~·a.~.~.~W.f9t~.tè. . ~ .t1Ië :MPO"'f!Ìh~ tœ::the I..7S ~~ FOOT œ~ ~"'.1tæìr 5 -n.1G VB n11ÙiUi., The 6 t~ÐfJ...1Sftom~ièt ~ tÎDe æ Ootdøn Oatepa:dtway ìS~'m _10.. .11i_ is,. desiretó,~ tie œ.~tqrtmLtât. ""'.fhe Lee:'Coœt1v.~~~_ the Py Ø7J,OB. 1'heœ~íat8Q a 91'oject.m ~.. ~. dtdæ at1he I...1.5flmns~. RdmFYoam~t The ~ RNt,~~ MØët ,laD ~. ~. œvis~m, 1'ðt1eot ~ rU1",Mti~ offhe Plñt Ii~ ãf~~, _iit .1~mnI-.1M f!twti!ÍJtn1"n_d.MJd~ pl'Qjeøa. ThCle~ Will hi iMtJìl{ed .~. I~15. is widened. . Þ~$ CONtACtED .MGMDJNG, 1t4.Q CRMIGE: JAhtmy, Lb1wnp .MiIe ~. .~ Ffa¡. Œmi~ ~ . ~A11OH$1'I!5PS tv8fr.. WÞr.e,roceedtrg wtth C......y. N or KIA} yes;.... p~ ~is ~.."witb_1ICØpesfthe EOOstinQ. apMmënt yea _Pr~ ~isin fàdt«n.~ or deleløn to the ~ SCGþe yes _ 0htIAge Is·beIn; I~tedin a ~'CGn$/$tetit wffi!t1he~. agreement yes _ The .pp~ pañies h."e Þeen ctOI'1$Üft8d reøar.dinQ the change }W _ Pro_eel ~, fHs- amd C08t:$ ø1: förth in the cmæiIP 8M rencmai:Jl& PROÆCt rMttAØeRMCOMIISNDA.tIGM: RcMsed.9tl4104. II¡¡ . " . -:ø",;l~""",·.,.,.. Agenda Item No. 16E7 December 14, 2004 Page 1 of 66 ~- EXECUTIVE SUMMARY Recommendation to confirm and consent to the re-assignment of RFP No. 00-3113 "Department of Utility Billing Services Integrated Software System" from IMSofTech, Inc. to N. Harris Computer Corporation. OBJECTIVE: To obtain the Board of County Commissioner's approval ofthe re-assignment of RFP No. 00-3113, from the original party, IMSofTech, Inc. to N. Harris Computer Corporation and approve the release of the original party, IMSofTech, Inc. from liability after the effective date of the consent. CONSIDERATIONS: The Utility Billing Services Integrated Software System Agreement was awarded to IMSofTech, Inc. on June 26, 2001, BCC Agenda Item 16(C)(3). On October 4, 2004, Public Utility billing staff was notified that N. Harris Computer Corporation acquired the assets of IMSofTech, Inc. on September 10, 2004. Following the contract administration procedures for re-assignments of Contracts, staff has acquired the necessary documents from N. Harris Computer Corporation, which support the re- assignment of the Agreement to the N. Harris Computer Corporation. These documents have also been reviewed and approved by the County Attorney's staff. - FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: Confirms and consents to the re-assignment of RFP No. 00-3113 from IMSofTech, Inc. to N. Harris Computer Corporation and to release IMSofTech, Inc. from liability after the effective date of the consent. PREPARED BY: Linda L. Jackson, Contract Specialist, Purchasing Department .--.' Agenda Item No. 16E7 December 14, 2004 Page 2 of 66 (" COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E7 Confirm and consent to the re-assignment of RFP No. 00-3113 "Department of Utility Billing Services Integrated Software System" from IMS of Tech, Inc to N, Harris Computer Corporation. Meeting Date 12/14/200490000 AM Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 12/1/20042:56 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities USCS 1211120044:09 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 12/2/20047:33 AM Approved By Len Goiden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1212/2004 11 :28 AM ApProved By (" OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/2/2004 3:05 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12131200410:35 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1216120048:30 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1217120048:42 PM r EXHIBIT A-I Form of Consent Agreement "Department of Utility Billing Services Integrated Software System" Agenda Item No. 16E7 December 14, 2004 Page 3 of 66 This Form of Consent, dated f\I.J..J ].;J .2004 to the referenced agreement shall be by and between the parties to the original Agreement, IMSoITech, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding Re: Agreement dated June 26, 2001, BCC Agenda Item 16{C)(3), by and between IMSoITech, Inc. and Collier County referencing RFP No. 00-3113, hereafter known as the "Agreement", to which N. Harris Computer Corporation has become a successor in interest by assignment and assumption from IMSoITech, Inc. ( Collier County confirms and consents to the Assignment and release ofIMSoITech, Inc. from liability from and after the effective date of the consent of the Assignment in return for N. Harris Computer Corporation's assumption, as of September 10,2004, of all rights and duties ofIMSoITech, Inc. under the Agreement. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date{s) indicated below. ATTEST: CONTRACTOR ~r- Co rate Itness By: 111 E UIN 1£ :;1;; ðc.f' Dated: ~ v ~ i' If; '/ I By: J~çr ß~.-,)lef ~ Title: c.eD ........ ....... Dated: rI uc.-.-..tv 2:1 2.-<J0L{ J ATTEST: (CORPORATE SEAL) Dwight E. Brock, Clerk OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Commissioner Donna Fiala, Chairman Sc . Teach Assistant County Attorney ~ V1~fU.6 ITEM NO.: -----~_._~..-.._...--.....~-..........." .---'- ,/ FILE NO.: , , ROUTED T6: u'Yf-fJ¡:¡è 001'-1 ( \ "'-- -'.......... ", DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES " Date: November 29, 2004 ,1'> ~? To: Office of the County Attorney Attention: Scott Teach , yy- Uncia Jackson, Contracts Agent 7J 0 Purchasing Department, Extension 8990 Support Services Division From: Agenda Item No. 16E7 December 14, 2004 DATE RECEIVE€)e 4 of 66 ~\ /3 I) ; ~ \ 1 . ".--t?-"1 (;t, .' ~~.V- /' -..-/ - Re: Consent of Assignment to an Agreement- "Department of Utility Billing Services Integrated Software System" (RFP 00-3113) BACKGROUND OF REQUEST: ,- /' --.) .:-~ ~- ...;- ~~" C) ,- ~-> ~,:~. ~...: - N: -===i (::::::, ~ ¡ ~ r:¡::' ! ~~ ~ I ~c· ! ~í;:=J1¡ I ô ¡ ::6 ::-;: \\,' i: / :i5 F ," / " \. / \ I .~/ Utility Bìlling was notified in October of a sale of the IMSofTech assets: by N. Harris Computer Corporation. Attached are the following: ' a. Five (5) sets of the Exhibit A-1 Form of Consent b, Back up documentation covering the sale c. Copy of the Agreement ACTION REQUESTED: As you requested, the forms have been executed by Jeff Bender, CEO of N. Harris Computer Corporation. Please review and if accepted, please sign in the areas I have tabbed D' you, I will come to pick them up - we are trying to get this on the Oeœmber 14th BCC Agenda. OTHER COMMENTS: ,,- C/tf-y\ ¿ "'- -S~S ch\ ------ ,,' ~ ",\~J b~~\)\ 11-%Z-04 10:09 FROM-UTILITY BILLING +941403Z366 I I I I ! I I I October 4. 24 I M Ms. Mary 10 ~ RevelmeM."I~ Collier Coun1 DearMs.~ Please refer to ~e AGRE1!MBNT, datecl as of June 26,2001, IMS Collier COUDt>1 (the "A¡rcemant"). . This ill to æ II otSepœmbor 10, 2004. N. Hmis CoIIIpuIer Ontario Cœ:po don with ofBces at 1 Anœcs Drive Suite 400, Otta: DB 8C4, substantially all oftbe assetS otIMSof'l'ccb. aDd oblipti ofIM.Soffech, Jnc. U'Ddc certain agreemCUI md under rhe oime sale 1œ11SaCtioa, Hmis Computer has a¡rced IMSotrech's . ·ties UDder the Aareem=t and to perfmm all of obligations to ollier CoUDty. A press n:leas, c1esanDin¡ the sale trIIIIaCtiOl1 ÍI enclosed. The ~ ~ Iel10r ill to 1IØ1Üÿ,... ot1lœ sale IIIIDIIC1ÍOII aud tour -.... to asBip the to Harria Computer. As requin:dithc =ms of1hc Agreement. we are also requeatÎDg CODlCUt the assignmmt. you win give your COI1ICDt. p1casc do 10 by si¡ning e enclosed as&ÏlJ"MeDt do em in the space provided and 1'eturDÜ1g it U) me at Sensus Met' SySten1I, IS01 Ardmore Boulevard. Pittaburgb, P A 15221. I If you require ty fbrthcr inforrn~. please do not hesitate to call at (724) 425-7953. Sincerely, i I I Enc1s: 3 I I IMSof1'lICtI I 112 I: Lllle Stl'oec 5I.f1.e 200 1)tn- TCNlI 757Q2-5'160 uiA TlliphOnO .., 903-s 1~l2 Facsimile...' 903-535-9967 WoVW.imsofœC!\.com I ! T-507AgfrJØlfOfemNi316E7 December 14, 2004 Page 5 of 66 ofTech " ~ 10-08-04 02:52PM FROM-C,C,REVENIE SERVICE +8418484111 T-11rf'.9~.~I~m ~B16E7 Decém'ber'14,''"2004 Page 6 of 66 I .J- ASSIGNMENT R.e: AGR.BmŒNT datecl as of lQU 26. 2001. IMSotTech, Iuc., and Collier Calmty (die "A¡ruøsent'') Subject to me çonsent of Collier County, JMSoftecb, Inc.. a Delaware cOJpOraÛoø wiTh oftices in 8601 Six Fora ~ Suite 300.lI.aleigb, North Carolina. does hereby assign aU of ill aPt, tide IGd iøtI:r_ in IJ1d to 1he rcfereQced Aarcancnt to N. Barril Cœøputer Cœparation, an OA_ CmpoIltÍou with o.tBcCI at 1 AIUan:S Drive Suite 400. Qaawa. Ontario. CIDIda JC2E IC4. cØ'cctive II ofSIpte:mber 10,2004. IMSoftec:h JDc. By.~~~ J J.'. Vice S\Jbject to the COPSOD' of CoWer CODJ)'. N. Haøil eomp... Cmporllian hereby accepts the auiømneQt 1114 a¡rces to fu1fi1] an of_ obUptions ofJMSoftcch Inc. UDder the ætircacod Aarecmmt. N.HaaisC~ By: 7~~ --- Name: ~ ~ c.Ç G--.A.- Title: C. ED We hereby CcmlCl1t to me finaoi11l1llÌJPUPCDt. CoUic:r COu:øly By: Name: Tide: ,.- ( 11-18-04 12:31 FROM-UTILITY BILLING +8414032388 T-48ZA~e:enf-tOæ 16E7 Decemb~,ºOO$ Page 7 of 66 , I I tE, ~ THE CG&B GROUP INC. 120 6auth Town Centre !Ivd., M.~.OnLLaG1C3 CERl1FICA1ë OF INSURANCE ThII ~ is Issued lIS a mdIr at Jnf'ormatIon only and canferS no his upon the cenlficale hoIdèr,Th~ does nat InWld. extend or aJterthe covwage Þy the poIcia& listed. NAMED INSfRED: N. HAIfRÆ CD1IPUT1iR CORPORATION , ANTARÐI ~ SUJT'I!_ errAW4 ONTARIO , K2Ii ,C4 c e COMMIi~ LlA8ØJTY c:n:III ~=- IXX.UIRCO NON-OWNi&) 1UTO INSURER CIIgþþ POLICY NO. 3578tJOI6 UMrJ"S OF LIABIU1Y 'UXX1,OÐØ incIusNa. Þcxrliy ir\iuIy and PI'GPIftV dIIInIIge 1nIunId. I...., ,., ,lJØO"oøo pet' CCCIIrWICe C'IJuIID .....~., CIMIIIó this 181.0 ;ti18t the PoIdes Of InsuranDllli8t8d hnln have bøn insured and In force at this time. NatwIIhIt8ndIng any [8qulrement. ccntract or docuner1t with ~ tg ~ this Cøl1ificète rMy be insurance ed by1he paDcIes dllwrfbed ...rn Is SUbject to aD the exctullons of Pelley. I Sl1cufd d1ese P*- be OBnCeIDd befÞte Ute expiration date thereat, 1he ulng company WIll endQYOW' to~ SO ~ wrttren notice of canœlmlan to the ÞeIaw CMIftc8tè hOlder, but fafJur8 to maD such nab lhallmpo&e no oÞftgdon at' /i1b11ity dlny' an the tomp¡I1y. d to the abave named or øøndition d fIr1Y .. or mey pertain, tha I conditlOr1$ and HOLDlUt: U11LI1Y ISlLUNG OJ! DRIVE SUITE illS DA.UIIA Signed AuIha tJve THE CG&a GfU)UP INO I ..- ~ ..._--~------ +9414032366 T-&01Ag@rtWœerrff'oØJ 16E7 December 14, 2004 Page 8 of 66 11-22-04 10:08 FROM-UTILITY BILLING I ~~~ti~Y§ Press lease September 13,20r FOR IMMEDIATE RELEASE Contact InfDrmatlt1n: Jim Hilty V.P. Bull,... De ~ SenauI Metering ,yatema 724-425-7953 I Jlm.hUtyOsensus.¥m I ~naue Met8rtng SystaInS Sells IMS i CoIrIp".,.,.,.".. ...... the ...~ at aøftwanl company IIIlø"'" t bleich. NC - se~us Metering Systems tod~ announced that'is hl5 sol the assets at its utility bUUn¡ software co~pany. iMSofTech. to Harris Computer'Systans heldq artered in Ottawa. I ' Canada. Details 0tth'e tran~c:tIon were not Innou~ced. but the divestit re is in line with Sensus' core str'ateIY to fo us on providing inteilfpnt.: communicating. metering ~m5 bl5ed solutions I I , to the gtobll Uti' markets. The JMSofTech bllUnl software business di not support the core strateav focus. I "We an! pleased ~at we we,.. Ibl.e 'CO seU IMSofTech to an Industry leadl I blUing software comPlny like HI1 Computer Systems." says Dan Harness, CEO and Pres dent of Sensus Meterln. Systems. "We no~nly looked It I company to acquire IMSofTech. but ne that we would be able to partner . in the future. We believe we have found that in Ha As it result of the Ie. Harris naw owns aU of the Utility Billing. Financial iInapment and related software that IMS' eth has developed OVIf the last 20 years. Harris wit immediately be responsible fer th support of the more than 390 customers who are cu ent1y using these solutions. Issued 0911312004 1 HZ-04 10:08 FROM-UTILITY BILLING +8414082388 T-50~9~.~~m~&_6E7 December 14,2004 Page 9 of 66 ~~ ER~~!!~ I I In addition. the "10rity of the customer service. development and sates 1m of IMSotTech will become emPloye.1 of Harris and w1l1 continue 10 serve the customer ba . Harris wiU continue to maintain the exist1rl office in TyllIT. Texas to mlnage customer support nd ongoing development of t~ IMSofTech product suites. Harris Presldl!nt arid CEO Jeff Bender stated, "IMSofT.ch has built up I mendous customer base Ind Vllue cr I ",lie of protium over the yeII5. They hIVe cr lied . product offerinB that exceeds thl .pectatlans of their tarpt markets While maintaining won¡ return on investment for its Fustamers. I am also vary Impressed with the stren¡th of their customer relationships and ".ir culture of workinc directly with'the customers in proactive process.. Customer reiati0nfhips are I key component of the Harris business mod 1 and we are excited about the oppo~nitr we have to continue to build Ind··Jtn!ngthen thes relltionshlps. I believe that we wIU provide all of our new customers with outstanding servit:e d support. a number of I very lOad aption~~r the futu'l'I, and a tat of, fl8Xibil~. We believe In rlcin¡ WIth our customers to .dd~ess th~r specific needs and cir'ØJmstances and do not believe In ford"g our iipnda on them. ; I About Iena_ +rI~.___ . The Sensu. ~ng Systems campanl. are ISllding workf.CIaSl clers of high-value meteñng and Aut~ltic ~r Rellding (AMR) aalutiona far water, ga. efectrIç, and heat utilltlee 85 wafl u aub-melering entitle. worldwide. Addltionalllnkad bu - ..... indude Smith- -, Inc. a -~ or pips damp & caupIng products far the , gas, and indLlllrlal markets; and Sa PrBcilion Die CastirIg.that.praduC81 complex. hi h quality dle-castlngs. For more fntormafl0n, pIeaee vlait the· company'e VJI8b'IIte lit About Harrill Co putw 8yatem. HarrIs Is a leaell pruvider of Cuetomer InfannaUon Systems (CIS), b tng and financial management re solutions. Since 1976. Harrfs has focused on p Viding feature-rich and robU5t turnkey utions to aU levels of local government as 'N8U as pu lie power and water Issued DBl13J2Q04 i ~..- ---"---'---". 11-Z2-04 10: 10 FROM-UTILITY'BILLING +8414032366 T-B~gep~~,m ~6~ 6E7 Oecember'14, ~004 Page 10 of 66 ...- ~~~ti~Y~ I marIC8tI throughOf¡lt North America. Hams' focus Is on creating lang-tin cuatomers and enpumg that we meet the changing needs of our cuata further infcrmatiari an Harris Computer Sy8T.ems. pleae vllit our we http://WWW.h4puter.cam. or call 888-847-7141. I ¡ Allnuœmenlr In 1., ..-. othe' ;;':':::;;::"::'-::' In to œ on rhe Sll(r-/KJrlJor prrw/,lons of tIN ~te Securities UtJgotlon Rff(o"" Act of JUS. Tit.. uncertainties and I subJeå to elKln,. crt any tim.. These støtements the Compony"1 cut'ffnt apectatJo regardin, Its financial pœitiøn. n!wnull. œsh flaw nd other operøtin, results, businas . financ/n, plDns. (otecDSted trends related to th mørkeu in which the Company op.ro . .' pI'OCHÎIifllls'ond ,imilor mat.f8rs. The Campany nnot QUure you thot tile ctptctatìons or impU«I in these fotwØcrJ..loaldng stareme wiU tllm out to be nýs actual raulrJ ~uld bt møteriaUY different from' expectations beCDuse at vtJrlcus risks. Thes nsb, some afwhlch:GfI'dlscussed under the coption isle Facto"..Risks RefDt(ng to OUr ._- , lire CorIrPøIYJ.~ SttIIemant on Fotm 5-4 , File No. 33J- 13~ filed with the S~ririØ and Exchange Commission. ¡nduda its dependen an new product development and "ntll'ectual propert;y, and its dependence on Independ f distriburors and thIrd PartY contract nufrJcturm. Its substantial finant:lallllwrrlg& debt,. and othf!1' cosh requIrements. liq'fdft1 coMtmints and risks related to futUre gro~ and aMi on. Orhltf importrlnt risks rhþt could CQIM actual:events or result. to differ ttom th . correa/ned Of Implied if) the (orward-looki~Ø statements Include, without Umlratfon, In thl Comp ny's abiUty to integrøte acquired companies, general economic and business conditions. cømpeti on. adverse chonga in I the regulatoJy or f'91sløtlve environment in which the Company operata and other (ot:t01$ beyond th. Company's 'arm/ I I I luued 08I1a12OO4 relationships with our ers avD' time. 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ONrARlo-Geptwnber 1::1. ?OO4-Ila""" C:tJorn xlMf S~ ("1141 . "). a I,",ding provider of cuetøm.,. I~nn rm II",,"'*" f'IIftnntal'lW\'\T neftWDra DOkJr1I:IftC feI,. uIIJMcIR " IftIInI tCIII.ft. n......-'""". ~ announcx:c:l ~Jt hUG pu~ WUlNtõø1~ y MIl uf ,... __l1li uI' IMe"rr""l II ,r.am lSul"ltlUG Muturlnu S~"1IImS NQfI AI'NIIt.:., hn.: ("".1_"). A.. . re&urr Of . Mile, HIIrn& now awna ...11 of the U1>lqo a.tllno. FINIIOÇot M4104I I and ..,.red sottw.,.. ~IIM~ '- ~ OV'Qr 1N) IQftI ao ~ HftMr. - llmmnnlnlftl)P rnoIIpoIWI1'11C1 frH'1hI!' ""'PPOI'I afme more n soa QRlUanIUlU who O;¡AI wmnl Jy IoQÑ IY DI,,",,* uollltlunu. Hal1'ÍCf ow øavIac& aVCl' 1.7'50 "'~II_. UII yl¡uo¡l NOtlll Ar,IIWk."*, \h.. majo,lty of which .....11I1h.. UIlIIIfd ,_. In..Clc:I1'I2O""U)¡~~ or~ ~...tqtntrr ÞnŒ*. d~ Q~~ ..,., ...... 188'11. SQ[fwd'1 will ~Ir" ... , ..mplÖ)lll.. at 8ITIS enð WIll œrmnue tD ~ tn. cusramer DIIII.. 1'1... gmup ~ \orill ,..~ ~d TO ..:n. D."."a ........... . HarrI&, tlr1nulng tn. ~I numtaAr 01 ~ t :mn Hnrrtt\ wß ~""WÞ to .....kllM1n UI. ~5U'1Y 11m- in Tylw. T_ W "_"I". ~u"..r ¥wppurt ~'" em gln'lil d...oyg gpmurn of the IMSulT"L'" "'¡oJu<.."t "'-li'-S. HarTIa l'I'aII~1INS ceo.J'" Iàn«Mr MIlled. "IMSofTecn hIlA taw" up 1'1 , ,'" c:r.iMQI'n W ~ llnet c..Ilta of v:a1Ue praClLII:a av.r U1tI ytDr&. ThrI1f have CI'IIa1eCl 0 pIDCIum 0 "'"8 mnr ma!ftN'lr:l1t'I1) -."o,"*,Uo.,. r &hot/I '-1'81.& ~11<. .mile mIIlnCIIlnJoe a ~ rwlUn. OIl h._Lr ani rUt "...nr l::Uutlm1Dra. I am ..,... -1)0 I""'po~ -UI 1hw ."'IQU, 01 ...., L'Ust<II11101 '.I..UOII.hlp"....... &hlli, l!wl.. ",r_,¡y'1A dI~ wIth fI'1ftlt c:uatomaª ,ft . proftdWA ~. t.:..-o..... rallltlCtUlhlp3 _ a k8Y ""t nt th" ~rr_ Xl';"... maCIItI and .,. IDIICIIw.d -.cur 111. opponun/IV we I'1eVe fØ conrInUII to IIIJIICi a ~grt\M ~ ....~Ipa. btllIe_ ~ _ ..ill pnwkIe ., of our new O".1Pt'I'I«Wo W¡UI VW"- InsI _",1"" õand ~yPpOC'L a ncJmÞ4tt of gooc:t optIOM lOr tne Mc.Ire. III'ICI . lot Of "ltXlÞd f.yo. w. l»l1evto ÌI I kh Iff whh lAIr _101nIIf'S !CI .CIIII"OO t npl)Olftl) ftfJIGCIe M~ C!lroum8Ul""," IInd do not Þ.II_ m foponSl agenCS. on "em. . sen_ VJcaæem at auan.u o..teIopmenl. ..ø", ...1111 mnrmt. "Wn..1'O ~ ,,-1I'JeCI tD ."nau~ the- ~. gr Ih. .. ur IMSafTllUt1 W'f Ihlo wßl urwur. dlUt thauc UUIIIDmC~ me facu. .nd pmcr'lr.I' "p&ll,lrl. UAd U ..quIt.. ~urU~.. _._ wdrwmw v ggnfld1l 11 the; bOU'l 0111' OYtROmef1l emU OI.Ir .."P ~..I be In betÞPr h.ncIa with 1...1ItTt' .~ by h._ .... ""0$'- 2&',.. hmuty flolC.'\I¥W ."""1)' gn UIIIIIY billln( .. a1lMncI.1 ~ anCI _","-, w. ttev. ~ to wattc .,~ wftI'I HIIrri. for _ IatI8 - It IIZIUXI tD UI'8 a IIJI1DOIn Ir8nIIIaon far CXd' CIU:IIIarnanI .nø wDllIl!m na 1"1 no wIm mem t.o __rag. INI'reIInJDrwh wIIh m. ~ cd8l'115 we ÞOIh NIVV UJ enau,. VIe 'light lmeG " bC\wOCn our OO~ prod_ aomI (,I.... 10:14 +11414032300 T-I5°~gên""~m'Ï'J'6~16E7 December 14, 2004 Page 13 of 66 --' Hamo ID a I prDYklllr of e&.mmer IntarmMlCln s~ (CIS). DlI\I"'Ð ",,(I 1\eIn<:ra1 rrMlNlgernem. .aftw¥nf .01\1 SInCllf 1878. ~ n- facuMCI on providing fwtunt. nOh em rotKICt ....rnkOy GOIUCIana ID ~n levels of I nov-nmenl- MIll _ pubrlC ~r atIcIW8IIIr MII.1ww U,."""", , r-IDrVI ArINrIc;w. H.m.· fntII.. 1ft 0" 1n"D-"mn reMn/onw,'P' WIU1 out' e&dIIon'Mt... and 4H'Isu""" th _ m-' She i:hMUlinø nocao or our over irmA. Før fUnhDr lnfarrnDon on Harna c;em",1Mr H , pIea_ visit O\It -""iw., II :/Iwww.h.lNc:utrlJAl\Wl.cum. CollI QrII .........7-7'7''''T. AWtH~,~01!."'~ ~11CI a._ The Sens.s efMino ay....". c:omp.or.s .... ...dlng world-c:l... pu.wkl.,. uf rllh-VioIIu. mtRllring and AuIOrmdIO M. r A.-dl"CI (AMI~ ~ fDr -.0.., -'cttlc:, AItd ....t...ur .... -', .. ...a..m~ll1u enØlle:lo æ AaCIIIIOnIIIIIn&cacl ÞU_ InclUde Ðmftl1-Dll\lt. Itlc: "....CIi prr:>VI4Mt Qf pipe Cl.-np 5. ackIJIIIng prall tbrthe _r, .... .na 1nCI1I..... ..,.......:.na __ Þtn Onel'"Ø INti p....dUQIK OQ ~ /'II{¡ I'& ~1I1,y ...~.unw.. "or "IVI. Infurm.UIoIfI. ........ vIuIt CI aarnpUll)'·. wob alte lit -'~'r' ror f\.rnt'I$r ~tn'IMIO". PIefIM conr.ect: .I""~, ~.. t"..p!O .~~=-- _.- 1b6.~r( ~DUI8f".com :=I~" :,.~~ '~gl.Þ1UIt$:..'!;¡. ~.~.~~~. DnlnomtrD rainaI' HIIJ'ris CcIfnp 8¥1IWrmJ 8'3 :22I!HS5'1'1 IC2I:MD . d_......·ïnt~-- ....... I .Jfttf'/ CMadfl .Jr.. ViM P . .....,.~ 7'18 2ØT.aoœ X221 m.r'tØ;,. ;; , . r. @@flJjf Agenda Item No. 16E7 December 14, 2004 16C3e 14 of66 AGREEMENT THIS AGREEMENT, made and entered into on this.1~ay o~l, by and between IMSofI'ech, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a Purchase Order. The contract shall be for a five (5) year period, coµunencing on the date of the issuance of a purchase order, and terminating sixty (60) months thereafter. The County may, at its discretion and with the consent of the Contractor and approval of the Board of County Commissioners, extend the Agreement under all of the terms and conditions contained in this Agreement for an additional five (5) year period. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2 STATEMENT OF WORK. The Contractor shall provide software, training, modification, conversion, and implementation in accordance with the terms and conditions of the specifications of RFP *00-3113 and the contractor's proposal hereto attached and made an integral part of this agreement and Addendum.. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of four hundred sixty thousand five hundred dollars ($460,500.00) based on the pricing set forth in Exhibit A, Schedules G and H, attached hereto, subject to Change Orders as approved in advance by the County. 4. NOTICES. All notices from the County to the Contractor shall be deemed duly ~ed if mailed by registered or certified mail, tele£axed, or emai1ed to the Contractor at the following Address: Debra Laskowski IMSofTech 112 E. Line Street, Suite 200 Tyler, TX 75702 Phone: 903-535-8222 1 -~..--._--- Agenda Item No. 16E7 December 14, 2004 Page 15 of 66 16C3 All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Collier County Government Center Purchasing Department - General Services Building 3301 Tanúami Trail, East Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: UCENSES: TAXES. In compliance with Section 218.80, F.5., all pemûts necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall a1so be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all ruJes, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 2 Agenda Item No. 16E7 December 14, 2004 Page 16 of 66 16C3 8. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may tenninate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed. or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Uability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Linút for Bodily Injury Uability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Professional Liability: The Consultant shan be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims arising from the negligent acts, errors, or omissions of consultant by third parties. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. ~ 3 ..~...._. .~... Agenda Item No. 16E7 December 14, 2004 Page 17 of 66 16C3 11.0 INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold ha.mùess and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. TIris provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. In no event shall IMSofTech's liability exceed one million five hundred thousand dollars ($1,500,000.00). This section does not pertain to any incident arising from the sole negligence of Collier County. IN NO EVENT SHALL IMSOFTECH BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, lOST REVENUES OR PROFITS. THESE LIMITATIONS SHALL APPLY EVEN IF IMSOFTECH HAS BEEN ADVISED OF THE POSSIBILl1Y OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE ClAIM FOR RECOVERY IS BASED ON (i) BREACH OF WARRANTY OR CONTRACT, OR (ii) NEGLIGENCE, STRICT LIABILITY OR OTHER TORT. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS COLLIER COUNTY'S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 12. Collier County Government is a member of the SW Florida Purchasing Consortium. It is hereby made a part of this Agreement that this Agreement may be utilized by members of the Consortium as well as other entities upon prior written approval by the Collier County Purchasing Department. The Contractor hereby further agrees that for each entity given written approval by the County to utilize this option, the Contractor shall provide the County a check in the amount of three percent (3 %) of the annual purchases of license fees made under each entity's contract. Contractor shall be required to provide yearly documentation of each entity's total aImual purchases in a form approved by the County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Utility Billing and Customer ServiceDepartment 14. COMPONENT PARTS OF nus CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #00-3113 Specifications and Addendum/ Addenda. 4 --------------- Agenda Item No. 16E7 16Cj~ ~?~ verbatim: Contractorls Proposal, Insurance Certificate, RFP #00-3113 Specifications and Addendum/ Addenda. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by éU1;d between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST:· rwJ~~"~' . ...~~-"ee~t~'BtÇ?Ck, Çlerk of Courts ....... ,,"'~.... .....,..,. (?' ".. ~ ,2' ...:. .... ". ~.~ /JJ ... f';Þ'TIt ~..... . ' -r;: ~ / ...:.... ..D~. :.:-~.~, ... .. . : "'-,: r.&>oiÞe(f··~· ' ~ ~r..~~· (·SE. . :. ~ -.. . .'" ..' ." ... :: I, _. \JI.... .', '": --..~<>:Att~I~' ..' c~iChl1"""'S ·<tfa· . ··..1··. . 'III'" .,,- BOARD OF COUNTY..çqMMIssIONERS COLLIERCOUNTY~.~:t· . ·ÐA '~_ " . "." . .;. ~ : , ~~:.~~:'.c'/: ::/./ By: IMSofI'ech Contractor ¡;:.. b \J A' ~..--Ã..Ql AI '. . ,t:! __ First Witness ~ '" By: Signature c. (Q : "ç¡ V. A d,e.,.¡ trype/print witness namet ~~ (1],'r-n~ Second Witness Robert M. Broda President Typed signature and title ~'. M A) rnMìJ trype/print witnesS namet C.QJ?Pr(1) A 11i SE A r (cQIpnnâ6flS only) tkJ Robert Za Assistant County Attorney 5 Agenda Item No. 16E7 December 14,2004 Page 19 of66 16C3 AGREEMENT ADDENDUM This instrument, made this _ day of September, 2001, is an addendum ("Addendum") to the agreement by and between the Collier County Govemment, Collier County, Florida, (herein called "Collier County"), and IMSofTech, Inc., a Delaware corporation, licensed to do business in the State of Florida, and having its principal place of business at 112 Line Street Suite 200, Tyler, Texas 75702 (hereinafter referred to as "IMSoffech"). The agreement by and between Collier County and IMSofTech, dated September _' 2001, read together with this Addendum shall hereinafter be referred to as the "Agreement". IMSofTech and Collier County are hereinafter sometimes referred to individually as a "PartyDand jointly as the "Parties." WHEREAS IMSofTech has the right to grant a license to use those computer software programs, as more particular1y described in Schedule A, Licensed Programs, attached hereto and forming part of this Addendum and which are hereinafter referred to as the "Licensed Programs"; AND WHEREAS IMSofTech desires to grant and is prepared to grant a license to use the Licensed Programs to Collier County and Collier County desires to obtain a license to use the Licensed Programs from IMSofTech on the terms & conditions hereinafter set forth; NOW. THEREFORE, in consideration of the premises and the mutual covenants herein set forth, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, it is agreed as follows: 1.0 Definitions. 1.1 Network ODeratina SYStem. "Network Operating System" is defined as the Microsoft Windows 2000 Advanced Server network operating system. 1.2 ADDlication Server Operatioo System. "Application Server Operating System" is defined as the Microsoft Windows 2000 Advanced Server operating system. 1.3 Data Base Software. "Data Base Software" is defined as the Microsoft SOL Server 7.0 data base product. 1.4 Modifications. "Modifications" are defined as those changes to the Licensed Programs that are listed in Schedule B, list of Modifications. 1.5 ÄpDlication Software. "Application Software" is defined as the licensed Programs and the Modifications. Page ~ C01r....e:T.;;¡ i·:;.n dQ:y.k.boc)k Vft"rr.;i(.:;): 1 () '/"; 2000 by' T~jutc]oc:.n·· ::cnsul t..a..rltS. rnt:. Agenda Item No. 16E7 16C~~ ~~g~ 1.6 Other Software. "Other Software" is defined as the Borland BDE software and all other software products that are required to make the Application Software operational. 1.7 Equicment. "Equipment- is defined as the network file server, application server, network equipment, printers, and microcomputers on which the Application Software, Network Operating System, Application Server Operating System, Data Base Software and Other Software will be installed and operated. The Equipment consists of those components listed on Schedule C. List of Equipment. 1.8 Network. "Network" is defined as the Equipment, Application Server Operating System, Network Operating System, Data Base Software and Other Software. 1.9 System. The entire computer system ("System") is defined as the AppUcation Software and the Network. 1.10 licensed Programs Documentation. The Licensed Programs documentation (referred to as "Licensed Programs Documentation") shall include, but not be limited to, the materials and documentation as set forth in Schedule D. licensed Programs Documentation. Collier County shall have the right to reproduce any portion of the Licensed Programs Documentation for Collier County's internal use 1.11 AODllcatlon Software Live Date. "Application Software Live Date" is defined as the date on which Collier County begins using the Application Software to process Collier County's daily utility billing and cash receipts operations in a live environment. 1.12 Davs. The tenn "days" as used in this Addendum shall be defined as calendar days unless the term "days" is otherwise specified in this Addendum. If a day is designated as a "business day" rather than a calendar day and such business day falls on a Collier County holiday I the time period shall be extended to the next business day. 2.0 License of Software. IMSoITech grants to Collier County a limited, perpetual, non-exdusive, non-transferable and personal license to (I) install and operate the serialized copy of the Licensed Programs for Collier County's internal, in-house use by up to thirty nine (39) concurrent users and (ii) make copies of the Application Software for back-up purposes only ("Archival Coples-) and test copies. Collier County agrees to affix a conspicuous written label to the Archival Copies which contains the copyright notice and all other info""ation printed on the original media from which the Archival Copies are made. IMSofTech retains all rights to the Application Software and all other works of authorship of IMSofTech not expressly granted in this Addendum. IMSofTech grants the within license to Collier County for the total cost for the Licensed Programs as set forth In Schedule E. Page 2 C'ö~VE:rii1:1.QU Wtjrkbook VerSio.1) 'L.O 0 ~ct)C) l~:'t' rrer:hnðloq~1 ::cnsultd.nt.~:}, Iu,=.. Agenda Item No. 16E7 December 14, 2004 16(;j10f66 IMSofTech represents and warrants to ColJier County that IMSofTech is the sole owner of the Licensed Programs and has the exclusive right to grant the within license to ColJier County. It is understood that there are no on-gojng license fees associated with the use of the Licensed Programs apart from the extension of concurrent user licenses, additional account records or addition of new modules not ficensed under this Agreement. This license is not a sale of the oñginal Application Software or any copies. IMSofTech, or its supplier, retains the ownership of the Application Software and all subsequent copies of the Application Software made by Collier County, regardless of the form in which the copies may exist. The Application Software, the accompanying wñtten manuals and Documentation distributed with the Application Software, and the Archival Copies are copyñghted worits of authorship of IMSofTech or its supplier and may not be copied, reproduced, modified distributed or transferred, by any means or in any form, without the express written permission of IMSofTech, except as expressly provided herein. Any unauthorized copying or use of the Application Software or Documentation is a violation of this Agreement and may also constitute a violation of the U.S. Copyright Act for which Collier County could be liable in a civil or criminal action. Collier County may physically transfer the Application Software from the designated server to another server or computer system, provided the Application Software is operated only on one server at a time. Collier County shall not be charged any additional fees or maintenance charges if Collier County transfers the Application Software to another server or computer system. Collier County may not electronically transfer the ApplicatIon Software or operate it or any portion thereof in a timesharing or service bureau operation. Collier County may not translate, modify, adapt, disassemble, de-compile or reverse engineer the Application Software, or create deñvative works based on the AppficatJon Software or Documentation or any portions thereof, except as expressly provided herein. The Application Software is provided fer use in Collier County's internal commercial business operations only and must remain at all times upon premises owned or leased by Collier County. Except as expressly provided herein Collier County may not rent, lease, sub-license, sell, assign, distribute, pledge, transfer, encumber, or otherwise dispose of the Application Software or Documentation or any rights granted to Collier County herein, on a temporary or pennanent basis, without the prior wñtten consent of IMSofTech, which shall not be unreasonably withheld. 3.0 Acpfication Software Price. Collier County will pay to IMSoITech the Application Software Price as set forth in Schedule E, Application Software Price, for the ñght to use the Application Software as described herein. The Application Software Price includes a thirty nine (39) concurrent user license and up to 60,000 active billing customers in the database. The cost to increase the number of active billing customers shall be ten thousand dollars ($10,000.00) Page 3 C(')llveor¡;.l.(J.u .Workbook :¡~rsl~1'1 1. 0 ...;~. ~!')Oç b;, 't'~~h!101(')~::r'''' ::on!;ult.d.I1l.8. !'n.'.:. /,,- Agenda Item No. 16E7 December 14, 2004 16C~20f66 per 10,000 additional active billing customers, and shall remain at ten thousand dollars ($10,000.00) per 10,000 additional active billing customers until July 31, 2004. After July 31,2004 the cost to increase the number of active billing customers shall be the lower of the following: (a) an increase which shall not exceed the percentage increase to any other customer; or (b) an increase which shall not exceed four percent (4%) per year to the base rate often thousand dollars ($10,000.00) per 10,000 additional active customers. The cost to increase the number of concurrent user licenses shall be seven hundred fifty dollars ($750.00) for each concurrent user license added and shall remain at seven hundred fifty dollars ($750.00) for each concurrent user license added until July 31, 2004. After July 31,2004 the cost to Increase the number of concurrent user licenses shall be the lower of the following: (a) an increase which shall not exceed the percentage increase to any other customer; or (b) an increase which shall not exceed four percent (4%) per year to the base rate of seven hundred fifty dollars ($750.00) per additional concurrent user. The Application Software Price defined in Schedule E includes the estimated price of the Modifications. Any changes to the estimated modification price as a result of the development of modification specifications as defined herein may change the Application Software Price and must be agreed to by both Parties in writing. 4.0 Proiect Schedule. The installation and implementation of the Application Software shall be performed as set forth in Schedule F, Project Schedule. In addition, the completion and delivery of any portions of the project shall be made in accordance with the Project Schedule. IMSoITech may, if mutually agreed upon in writing, delay the Project Schedule. Collier County may delay the Project Schedule by notifying IMSoITech in writing of the project delay. Any changes of the Project Schedule will extend the subsequent due dates in the Project Schedule by the amount of the delay. 5.0 ADplication Software Payment. Payment for the Application Software will be made according to the schedule set forth in Schedule G, Payment Schedule, subject to the statutes of the State of Florida. Collier County, Florida as a political subdivision of the State of Florida , is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. Collier County's Certificate of Exemption number is 21-D7-o19995-53c. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual Page 4 :=~';"1r,,·e-.rbioL'l iiork..ooQk Vt:'rGit,J.,u 1.0 ~~. ~ooo by T~t;!hlkOh'}.1Y <=onsul;;'(Ults, Inc. --- Agenda Item No. 16E7 December 14,2004 16Cj30f66 arrangement to be made with Collier CoUnty. By submittal of the properly executed response to a Request for Proposal from Collier County, Florida IMSofTech has acknowledged that it is aware of it's statutory responsibilities for sales tax under Chapter 212, Florida Statutes. IMSofrech shall pay all taxes imposed on it by any other foreign, national, state or local taxing authority. For each payment outJined in Schedule G, IMSoffech shall submit an invoice to Collier County's Project Manager. 6.0 Licensed Proorams Installation and Pre- Training. On or before the date specified in Schedule F, IMSofTech shall complete the installation of the Licensed Programs on Collier County's Network (WlIcensed Programs InstallationW) and make the Licensed Programs ready for Collier County's intended use. licensed Programs Installation shall include but not be limited to the following: (i) the introduction of object code for the Licensed Programs onto the internal storage of the Network; (ii) the installation of all Qther Software required to make the Licensed Programs operational; (iii) the verification of the Licensed Programs' readiness for use on Collier County's Network through the execution of a demonstration routine performed by IMSofrech and Collier County personnel on Collier County's Network and as certified in writing by Collier County of the successful execution of the demonstration routine; (iv) the generation of all master files and tables, initialized, and able to accept Collier County's data; (v) the installation of the programs or commands necessary to enable up to sixty (60) microcomputers on the Network to access and operate the Licensed Programs; (vi) the installation of the programs or commands necessary to enable any printed output from the Licensed Programs to print on any Network printer or system printer as agreed to by the parties; (vii) the delivery of all Licensed Programs Documentation related to the use and operation of the licensed Programs installed. On or before the dates specified in Schedule F, IMSoffech shall provide Collier County with five (5) days of system pre-training and three (3) days of system administration training. The system pre-training and system administration training shall be billed to Collier County at the rate defined in Schedule H. 7.0 Deve/oDment of Modification Soecifications. 7.1 Modification Sœcifications. IMSoffech, with the participation of Collier County personnel, will perform a detailed analysis of the Modifications to the Licensed Programs. Such analysis shall inetude, but not be limited to, the following: (i) reviewing each function listed on the List of Modifications and discussing each modification in detail with Collier County personnel; (ii) reviewing the capabilities of the Licensed Programs and determining if a modification is required to satisfy the function listed in the List of Modifications; (iIf) identifying how the Licensed Programs will be able to be modified to satisfy the requirements of the function; (iv) identifying the impact of the modification on the Licensed Programs and on the System; (v) identifying any system problems that Page 5 CQuv4ftr.¡:;iQU -¡iiQcltbt.Jck \1er6JQ1J -:;. 0 ~š.; 2000 C}' 1'eCh!\C~.0g;1 '-:cf\9ul :.ant~. 7n~. Agenda Item No. 16E7 December 14, 2004 Page 24 of 66 16C3 will result from the modification; (vi) providing a written specification for the modification. On or before the date set forth in the Project Schedule, IMSofTech shall deliver to Collier County the written specifications ("Modification Specifications") for all functions included on the List of Modifications. For each function listed on the list of Modifications, the Modification Specifications shall include where applicable, but not be limited to, the following: screen layouts, report layouts, data table layouts, processing narratives which define all functions to be performed by the modification, all calculations and data manipulations, all data verifications, all sequencing and timing considerations, the cost of the modification and the timeframe for completing and delivering the modification. 7.2 Review and Correction Period. Collier County shall have ten (10) business days after receipt of the Modification Specifications to review the Modification Specifications to determine whether they meet the requirements of Collier County. If the Modification Specifications do not satisfy Collier County's requirements, Collier County must notify IMSofTech in writing of any errors or exclusions within that ten (10) business day period. IMSoffech shall then have ten (10) business days after such notice to amend the Modification Specifications to correct all errors and exclusions. The amended Modification Specifications will then be presented to Collier County for approval as described above. For any subsequent reviews of the Modification Specifications by Collier County and correction of the Modification Specifications by IMSoffech after the first cycle of review and correction, each Party will be limited to five (5) business days to perform the review or correction of the Modification Specifications as described above. If, after forty (40) business days from the date IMSoffech presents the first version of the Modification Specifications to Collier County for review IMSofTech has not produced a Modification Specification that Collier County accepts, or if the cost of the Modifications exceeds the Estimated Modification Price listed on Schedule E by more than fifteen percent (15%), or ¡fthe timeframe for completing and delivering the Modifications does not allow Phase I of the system to go live in 2002, then Collier County may, at its option, cancel this Agreement. If Collier County cancels this Agreement as described in this section, IMSofTech shall refund within thirty (30) days to Collier County all monies paid to IMSofTech by Collier County less $15,000.00. 8.0 Acplication Software Installation. On or before the dates specified in Schedule F, IMSoffech shall complete the installation of the Phase I and Phase II Application Software on Collier County's Network (RlnstallationR) and make the Application Software ready for Collier County's intended use. Installation shall include but not be limited to the following: (i) the Introduction of object code for the Application Software onto the Internal storage of the Network; (ii) the installation of all Other Software required to make the Application Software operational; (iIi) delivery of all source code for the Application Software on CD Page Ii C( u~....~rS:J..::.nl 99orkhcok Ve!s.iÚll 1.,C; Ii.:. ~i)OQ by Tf:\'f~hJ\cl:~y Ccnslllt.a.nt.!J, Tn~. .~ .-.-------' ,- Agenda Item No. 16E7 Decennber14,2004 16~:l5 of66 Rom; (iv) the verification of the Application Software's readiness for use on Collier County's Network through the execution of a demonstration routine performed by IMSofTech and Collier County personnel on Collier County's Network and as certified in writing by Collier County of the successful execution of the demonstration routine; (v) the generation of all master files and tables, initialized, and able to accept Collier County's data; (vi) the installation of the programs or commands necessary to enable up to sixty (60) microcomputers on the Network, at the Administration offices, GladesfTeryl Road location and the Immokalee Road location, to access and operate the Application Software; (vii) the installation of the programs or commands necessary to enable any printed output from the Application Software to print on any Network printer or system printer as agreed to by the parties; (viii) the delivery of all Licensed Programs Documentation; (Ix) the definition of backup scripts or routines that will perform. daily, unattended, full system backups of the application server and full backups of the Microsoft: SOL Server database used by the Application Software. The cost of the Installation is included in the cost of implementation services set forth in Schedule H and Collier County shall not be charged for any additional equipment. miscellaneous materials or Other Software that is required to make the Application Software operate on the Network. 9.0 Training. IMSofTech shall provide Collier County with on-site training as described in Schedule H, and at the prices specified in Schedule H. Any training requested by Collier County in addition to the training identified in Schedule H will be provided by 'MSofTech at the rate of one thousand three hundred dollars ($1,300.00) per each eight hour day of training, exclusive of expenses, for one year from the Application Software Live Date. After one year from the Application Software Live Date, IMSoffech will provide training at the lower of the following: (a) an increase which shall not exceed the percentage increase to any other customer; or (b) an increase which shall not exceed four percent (4%) per year to the base rate of one thousand three hundred dollars ($1,300.00) per eight hour day of Training. Collier County may make video or audio tapes, for its own use and only for use by Collier County personnel, of any educational or training session provided by 'MSofTech and/or its personnel. The content of each such educational and training session and the video and audio tapes thereof are subject to copyright owned by IMSofTech. Except for the use by Collier County set forth above, the video and audio tapes may not be copied or reproduced for any purpose without the express written permission of IMSoffech. At the request of IMSoITech and at its cost, Collier County will provide a copy of any such video or audio tape to IMSofrech. Page 7 Ct;;lr.:ersion Ì'l()rk1x¡r)k rJersion t. 0 i.i',;: ..~('!O() by Te.-::hnclO:,"'Y Co.:\suJ ta.nt.~ 1'nc. --~ ,""- Agenda Item No. 16E7 December 14, 2004 16ë:360f66 10.0 Out-of-Pocket EXDenses. The necessary and reasonable travel and lodging expenses for IMSofTech personnel traveling to Collier County for the delivery of services associated with this Agreement shall be the responsibility of Collier County in accordance with Florida statute, Chapter 112.061. All other expenses incurred by IMSofTech shall be the responsibility of IMSofTech. If IMSofT ech personnel travel to the Collier County area to provide training or other services to Collier County and while in the Collier County area those IMSofTech personnel travel to another customer or potential customer of IMSofTech, IMSofTech shall charge Collier County a prorated amount for the reasonable travel and lodging expenses based upon the number of days that the IMSoITech personnel were at Collier County's location and the number of days that the IMSofTech personnel were at other customer or potential customer locations. 11.0 System Specifications. The most current version of the Licensed Programs Documentation, the Modification Specifications, and the IMSofTech Response to the Collier County Request for Proposal (attached as Schedule I) shall become the Application Software system specification (·System Specification") and shall constitute the functional specifications for the Application Software. If a confilct exists between the Licensed Programs Documentation, the Modification Specification and the IMSofTech Response to the Collier County Request for Proposal, the Modification Specification shall be the controlling document followed by the IMSofTech Response to the CoRier County Request for Proposal. followed by the Licensed Programs Documentation. 12.0 ADD'ication Software Acceptance Testing. 12.1 AcceDtance Testing. Upon completion of the Installation of the Application Software and the Training for the Application Software, Collier County will test each phase of the Application Software upon the Network to determine whether that phase of the Application Software, used in conjunction with the Network. operates in accordance with the Acceptance Tests set forth in Section 12.2 below ("Acceptance Testing"). The Acceptance Testing for each phase will be conducted by Collier County at Collier County's site and completed in accordance with the Project Schedule as shown in Schedule F of this Addendum. During the Acceptance Testing, the Application Software. Application Server Operating System. Data Base Software and Other Software must be the only software operating on the application server and the input devices that are being used to perform the Acceptance Testing. 12.2 Acceptance Tests. The following testing criteria will be used by Collier County in testing the Application Software (WAcceptance TestsW): (a) The Application Software meets the specifications and functions set forth in the System Specification; Page B Ct')uVE":tsio.u WQrkboc.lk V€ra:1.01l 1.0 ~~ 2000 li}' Techn()1~rY (.·cngLl1t~d.nt::l1 Tn~. Agenda Item No. 16E7 16ë~~i ~7~~ (b) The Application Software is capable of running a variety of tasks on a repetitive basis without failure with maximum response times as follows: Field to Field Edits Within Single Screen o - 1 second Single-Record Update Response Within Screen Program o - 2 seconds Muttiple-Record Update Response Within Screen Program, under normal operating conditions o - 5 seconds (c) The Application Software is able to operate on any Network input device and all Network input devices that meet or exceed the current published IMSofT ech hardware specifications may simultaneously run the Application Software. In addition thereto, up to sixty (60) Network input devices that meet or exceed the current published IMSofTech hardware specifications may simultaneously run the Application Software with average response times as described above in Section 12.2.b; (d) All reports generated by the Application Software are able to be printed to any Network printer which meets or exceeds currentJy published hardware specifications of IMSofTech; (e) All Licensed Programs Documentation has been deJivered and accurately reflects the operation of the Licensed Programs. The detennination of the satisfaction of the test criteria during the Acceptance Tests shall be solely at the discretion of Collier County. Notwithstanding the performance cmeria defined in Section 12.2.b, 12.2.c and 12.2.d, ff during the Acceptance Testing of phase J of the Application Software, Collier County determines that the performance of the Application Software operating on the Network is not satisfactory, Collier County may, at Collier County's sole option, deem the Application Software unacceptable and elect to cease using the Application Software and return the Application Software to IMSofTech. Upon return of the Application Software to IMSofTech, IMSofTech shall refund within thirty (30) days to Collier County all monies paid to IMSofTech by Collier County, less fifty thousand dollars ($50,000.00.) 12.3 Review and Correction. Collier County will either (i) notify IMSofTech in writing that the phase of the Application Software meets the Acceptance Tests and is accepted by Collier County, (referred to as "Phase I or Phase 1/ Acceptance"); or (ii) notify IMSofTech in writing that the phase of the page 9 Cr:Jlr.....t;r;.:Jt:;l; Wt,:,-r-KbQok Ÿ<:rsic.i.1 1. ù '£! ;000 by Technclðgy Ç~n~ultC:ll\~.s. Tn"':. -~_. .--- Agenda Item No. 16E7 December 14, 2004 Page 28 of 66 16C3 - Application Software fails to meet the Acceptance Tests. Collier County shall be deemed to have accepted the phase of the Application Software in the event no written notice of acceptance or deficiencies is provided to IMSofTech on or before expiration of the aforesaid acceptance test period. If Collier County notifies IMSofT ech that the Application Software does not satisfy any or al/ of the Acceptance Tests, Collier County will set forth a list of the errors or omissions which have caused the Application Software not to meet the Acceptance Tests to the extent known by the Collier County. After notification of a failure of the Application Software to meet the Acceptance Tests, IMSofTech shall have twenty (20) business days from the date that IMSofTech receives the list of errors and omissions to modify or improve the Application Software to meet the Acceptance Tests. The modified Application Software will then be retested in the same manner as described above in Section 12.2 and Section 12.3. Collier County shall not be required to allow the acceptance testing to proceed for more than two (2) ninety (90) day periods. If the acceptance testing requires more than two (2) ninety (90) day test periods, Collier County, at Its sole option, may elect to return the Application Software and receive a full refund of all monies paid to IMSofTech for the Application Software, less fifty thousand dollars ($50,000.00.) 13.0 Conversion. IMSofTech shall peñorm the conversion of Collier County's existing data to the IMSofTech system as defined in the Data Migration Workbook, Schedule K. The cost for IMSofTech to complete the data conversion for up to 60,000 billing accounts is defined in Schedule H. Collier County shall be responsible for providing the data from Collier County's current system to IMSofTech in the format defined in Schedule K. IMSoffech shall perform the conversion and make the data from Collier County's current system operational in the IMSofTech system as agreed to by both parties. Any conversion of data that Is beyond the scope of the conversion as defined in Schedule K may result in additional conversion costs being charged to Collier County. The cost of additional data conversion shall not exceed fIVe thousand dollars ($5,000) per 5,000 additional billing accounts converted. 14.0 licensed Proorams Warranties. 14.1 Warranty of Operation. IMSofTech warrants that for the period of one hundred twenty days (120) after Application Software Live Date, the Application Software used in conjunction with the Network shall operate in accordance with the System Specification ('Warranty of Operation"). Any errors or non-conformances to the System Specification within the warranty period shall be corrected by I MSofTech at no charge to Collier County. Collier County shall be entitled to unlimited telephone support and shall receive all updates, revisions, releases and new versions of the Application Software during the warranty period at no charge to Collier County. Page 10 C'.ouo;.re"rslCJl1 Wor\(bClOi( Ve:rs.1.QJ1 1. 0 ~ ~ooo by Te".:hJ1clOt'.1Y ~on~u.l t.dl\tS. lnc~ ,-- .--'-- Agenda Item No. 16E7 16Cj~ ~7gi 14.2 Patent and CODyriQht Indemnification. IMSoITech covenants and represents that the Application Software and all related materials supplied to Collier County hereunder do not infringe or otherwise constitute wrongful use of any copyright, patent. registered industrial design, trade mark, trade secret or any other right of any third party. IMSofTech shall indemnify and save hal1Tlless Collier County from any suit or proceeding (including without limitation any judgment awarded thereunder, any reasonable settlement agreed to, any costs incurred in complying with such judgment or settlement and any or all costs, including reasonable attorney fees incurred in respect of the same) brought against Collier County by reason of any such infringement or any wrongful use save where the same has arisen through Collier County's unauthorized modifications to the Application Software. Collier County shall notify IMSofTech in writing of any suå1 suit or proceeding promptly after Collier County is served with process in respect of such suit or proceeding. Failing such notification, but without limitation to IMSofTech's obligation to indemnify as aforesaid, IMSofTech may either defend or settle such claim on Collier County's behalf provided, however, that IMSofrech shall in no event consent to any injunction, accounting or other equitable remedy without the Collier County's prior consent, such consent not to be unreasonably withheld. Collier County shall be entitled to be independently represented by counsel of its own choice. If the use of the Application Software or any related materials supplied to Collier County hereunder is enjoined as a result of such action Collier County may, at its option, forthwith terminate this Agreement and receive a full refund from IMSofTech for all monies paid by Collier County to IMSofTech as well as recover from IMSofTech all actual damages, costs and liabilities sustained or incurred by Collier County as the direct or indirect result of such infringement or wrongful use by IMSofTech, unless at any time prior to such tennination IMSofTech, at its sole cost and expense, has with the agreement of the party pursuing such action either. (a) obtained for Collier County the right to continue using the Application Software or related materials in question; or (b) replaced or modified the Application Software or related materials in question so that there is no longer any infringement, 'provided that the replacement or modified Application Software or related materials in question function and peñorm in substantially the same manner and in accordance with the System Specification and as well as or better than the Application Software they replaced or modified, and provided further that any and all training, hardware and other costs occasioned by such replacement or modifications are borne by IMSofTech; and (c) the party pursuing such action waives, relinquishes and releases forever in writing any claims which it does or may have against Collier County and any right to recover from Collier County any sums of money relating directly or indirectly to this Agreement and Collier County's status as a licensee and user of the Application Software; and Page 11 ("~"'#.n.......ersion I9crkbc,.;Qk Ï/f:'!"sioJ1. 1. Ü :..;; ~OOC by Te~I1!101oq7 Ccn.:'3iJJ. t.dl1t.:9, In,:,:,. -----. -- .,~ Agenda Item No. 16E7 December 14, 2004 16e300f66 (d) IMSofTech promptly pays to Collier County any and all damages and costs actually sustained or incurred by Collier County as a result of such suit or proceeding. The obligations and rights of the Parties under this paragraph shall survive termination of the within license or this Agreement and are in add1tion to and not exclusive of the rights and obligations of the Parties set forth elsewhere in this Agreement. 14.3 Pre-programmed Termination Warranty. IMSofTech represents and warrants that the Application Software and any future version, release or update to the Application Software (or any portion thereof) does not contain any timer, clock, counter or other limiting design or routine which causes such Application Software, data flies/tables, or any software on the System {or any portion thereof} to become erased, inoperable or otherwise incapable of being used in the full manner for which it Is designed and licensed pursuant to this Agreement after being used or copied a certain number of times, or after the lapse of a certain period of time, or after the occurrence or lapse of any similar triggering factor or event. Furthermore, IMSofTech represents and warrants that the Application Software and any future version, release or update to the Application Software (or any portion thereof) does not contain any limiting design or routine which causes such Application Software, data fllesltables, or any software on the System (or any portion thereof) to be erased, to become inoperable, or to otherwise be incapable of being used in the full manner for which it was designed and licensed pursuant to this Agreement solely because such Application Software has been installed on or movecl to a central processing unit or system which has a different serial number, model number, or other identification different from that system on which the Application Software were originally installed. If there is a timer, clock, counter or other limiting design or routine in the Application Software or any future version, release or upgrade to the Application Software (or any portion thereof), as deflned in this section, IMSofTech shall immediately remove said timer, clock, counter or other limiting design or routine from the Application Software (or any portion thereof) and immecliately correct, at no cost to Collier County, any data fllesltables or any software on the System that was affected by said timer, cfock, counter or other limiting design or routine. 14.4 Warranty of Compatibility. IMSofTech warrants that the Application Software is capable of operating as set forth in the System Specification; and, IMSofTech represents and warrants that the Application Software shall be fully compatible with the Network and all components of the Network. IMSofTech further warrants that the Application Software shall be fully compatible with aU future versions of the Network Operating System, Application Server Operating System and Data Base Software as mutually agreed upon. If no agreement can be reached, this Agreement shall terminate and Collier Page 12 C'~rL""'E"!"s1on W().rIt.o{",JI:;k ~¡<\·:rrsic:l'J 1.0 !.::: ;':(H'Jl) by 1'~chnol.::-g}.· :::'()nsult.ä.nt.'it, rnc~ -- Agenda Item No. 16E7 December 14, 2004 16C310f66 County shall be permitted to modify the source code as defined in Section 17.0 of this Addendum. 14.5 Warranty of Non-Modification of Network Operating Svstem. Apclication Server Oceratina SYstem. Data Base Software and Other Software. IMSofTech warrants that the Network Operating System, the Appfication Server Operating System, Data Base Software and the Other Software installed on the Network shall not be modified by IMSofTech in any way. IMSofTech additionally warrants that the Application Software will operate as set forth in the System Specification on the unmodified versions of the Network Operating System, Application Server Operating System, Data Base Software and the Other Software. 14.6 Year 2000 ComDliance Warranty. IMSofTech warrants that all Application Software and data filesltables and all future updates. revisions, releases or new versions of the Application Software and data filesltables are year 2000 compliant and shall, in every way, properly and accurately process, calculate, display and print transactions with dates in the twentieth century and transactions with dates in the twenty first century. If any additional equipment, software, or upgrades to equipment or software, are required to be installed on the Network to enable the Application Software or Other Software that was provided by IMSoffech to be year 2000 compliant, IMSofTech shall immediately provide and install that additional equipment. software or upgrades to equipment or software at no additional cost to Collier County. Any software that has been loaded onto the equipment by Collier County shall not be the responsibility of I MSofTech. 14.7 Warranty of SYStem Performance. At any time, Collier County at Its sole discretion, may test the System to verify the System performance. IMSofTech warrants for forty-eight (48) months after the Application Software Live Date that the System shall be capable of processing the transactions of sixty (60) simultaneous users with response time as defined above in Section 12.2. Including the following: Customer account access by account number - one (1) second maximum response time Utitlty bill calculation for 500 customer accounts - eighty (80) seconds maximum response time Calculate bills, print a utility billing edit report to file and print utility bills for 500 bills generated during a billing run - five (5) seconds per bill maximum response time. Updating 500 customer meter reads into the IMSofTech data base from the Collier County meter reading data collection system - one hundred twenty (120) second maximum response time. Page 13 CO\l".....ersion Workb<x.;k Vc:orsitJl1 "1. Ü "Ö ;:CCO by T~hnolcgy ~on~~TU;.I.:a.ntD I .rnr.~ ~ /-- Agenda Item No. 16E7 December 14, 2004 Page 32 of 66 16C3 ( Processing a month end close process to completely dose a month in the System - thirty (30) minute maximum response time. This warranty assumes that the Collier County's Network is operating within the manufacturers specifications and that the Network has been properly configured. IMSofTech reserves the right to increase the Network requirements to coincide with future version releases. Collier County agrees to maintain the Network to meet IMSofTech's hardware requirements, or all warranties regarding peñormance levels, or software performance are null and void. To measure the System's performance, six (6) readings will be taken at different set times on different days of the week over a two (2)-week period. Data will be entered by nine (9) Collier County employees (herein called ·Testing Personnel") at nine (9) input devices on the System. The nine (9) input devices used to input the data must be at the same location that has the application server on which the Application Software is operating. The nine (9) input devices can be any input devices listed on Schedule C at that location which has access to the Application Software. The number of Testing Personnel entering transactions are as follows: - One (1) Testing Personnel peñorming a utility bill calculation and printing utility billing edit reports - One (1) Testing Personnel printing utility bills - One (1) Testing Personnel updating customer meter reads into the IMSofTech database from Collier County's meter reading data collection system - Two (2) Testing Personnel performing inquiries into customer account information - Two (2) Testing Personnel entering cash receipts - Two (2) Testing Personnel entering and maintaining work orders. Multiple transactions will be entered by each Testing Personnel with all Testing Personnel entering transactions simultaneously. The entry of the data by the Testing Personnel will be performed during Collier County nannal business hours with up to fifty one (51) additional Collier County employees performing normal business processing of the Application Software on the System. This System performance testing assumes that all input devices that are used in the System performance testing are at the same location that has the application server on which the Application Software is operating, the input devices are connected to a minimum of 1 OBase1 00 Ethernet hubs that are connected to the application server, all components of the Network are operating within the manufacturers specifications and are properly configured and that during such testing periods all System activity shall be limited to the direct use of the Application Software. The response time from the Testing Personnel win be accumulated and used to determine if the System performs within the guidelines defined above In this section and in Section 12.2. Page 14 c:on......ertï:ì.......-l'l Wr,;.,rk.'bCKJk Vf:'r;,¡;ir.:;rl 1.CJ 1,':~. .~r:r;0 1.:::: ".'er.:hncl.o-::¡y çG·n~ J.lt.dnts, In.t;':. --.------..-- Agenda Item No. 16E7 December 14, 2004 16(;330f66 If the System does not perform within the performance criteria, IMSofTech or its agent shall immediately provide, at no cost to Collier County, sufficient personnel resources to optimize or enhance the System to perform within the perfonnance criteria. If the time required for processing exceeds the performance criteria set forth in this section and in Section 12.2 by fifty percent (50%) or more, IMSofTech shall enhance or optimize the System to meet the performance criteria within fifty (50) calendar days from the completion of the two (2)-week testing period. If the time required for processing exceeds the performance criteria set forth in this section and in Section 12.2 by less than fifty percent (50%), IMSofTech shall enhance or optimize the System to meet the performance criteria within sixty (60) days from the completion of the two (2)- week testing period. If IMSofTech is successful in the enhancement and/or optimization of the System, and the need for enhancement and/or optimization was caused by Collier County's act or omission, IMSofTech may bill Collier County on a time- and-materials basis, at the rate defined in Section 19.0 of this Addendum, for the time IMSofTech personnel spent enhancing and/or optimizing the System. If IMSofTech is unable to enhance or optimize the System to perform within the performance criteria withIn the time periods set forth in this section, IMSofTech shall provide to Collier County, at no cost to Collier County, any and all additional equipment, software and service necessary to enable the System to perform within the performance criteria. IMSofTech shall, immediately upon installation of any additional equipment and/or software, provide sufficient personnel resources to allow the additional equipment and/or software to operate in conjunction with the existing computer equipment. If IMSofT ech is not successful in the enhancement and/or optimization of the System and IMSofTech believes that the reason the System does not perform within the performance criteria is due to the Network not operating within the manufacturer's specifications or the Network is not property configured, then a mutually agreed upon neutral third-party firm will be hired to evaluate the Network to determine if the Network operates within the manufacturer's specifications and is property configured. If it is determined that the Network is not operating within the manufacturer's specificatIon or Is not property configured, it will be the responsibility of Collier County to pay for the third-party evaluation and make the required enhancements to the Network. If the Network is deemed to be operating within the manufacturers specification and is properly configured, IMSofrech shall be responsible to pay for the third-party evaluation and any required equipment, software and service necessary to enable the System to perform within the performance criteria. IMSofTech reserves the right to reasonably increase the hardware and network requirements for future versions and releases of the Application Software. Collier County agrees to maintain the Network to meet IMSofTech's latest published hardware requirements or all warranties regarding perfonnance levels or Application Software performance are null and void. Page lS ·:(a'!~~~·!"s:i.O:..1 W'Q.t:",<book Vers.ir,) } T. v ...i:; 2QOO h}" 're-c!moLoq,¡' C01\."3UJt.a..:'\t.!3. Inf'::. ~ Agenda Item No. 16E7 December 14, 2004 16è30f66 Upon installation of any additional equipment, ownership rights to the additional equipment shall pass to Collier County, and Collier County shall receive good title to the additional equipment free and clear of all claims, liens, encumbrances and all other defects of title. All additional equipment, software and services required for the System to meet the performance criteria set forth in this section and in Section 12.2 shall be provided as promptly as is commercially reasonable. 14.8 Warranty Disclaimers; Exclusive Remedies. THE WARRANTIES SET FORTH IN SUBSECTIONS 14.1, 14.3, 14.4, 14.5, 14.6 AND 14.7 ARE EXCLUSIVE AND ARE MADE BY IMSOFTECH IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THAT ANY WARRANTY IMPLIED BY LAW CANNOT BE VALIDLY WAIVED. The remedy for breach of the warranty contained in each subsection of this Section 14 shall be Collier County's sole and exclusive remedy for any such breach. 15.0 Correction of Errors. 15.1 Mission Critical Processes. The following Application Software processes shall be considered mission critical ("Mission Critical Processes") when determining the priority of Application Software incidents: The ability to print utility bills The ability to complete a billing run The ability to export data to file for ofts/te printing The ability to enter meter readings or import meter reading data from Collier County's external meter reading system The ability to calculate charges, and post adjustments The ability to post payments The ability to interface to the County Clerk's financial management system The ability to close out a day/month/cycle The ability to enter and process work orders. 15.2 Priority Classifications. Application Software incidents that are verified to be software discrepancies shall be given a priority classification defined as follows: Showstopper - defined as a discrepancy that results In the Inability to complete anyone or more of the Mission Critical Processes. Hot - defined as a discrepancy that does not prevent a Mission Critical Process. If not corrected, it may become a Showstopper, or if not corrected. the discrepancy creates significant additional hours of work for Collier County. High - defined as a discrepancy that is important to address, but one that does not or will not impact a Mission Critical Page lEi CC'Jl1..,~rS1vl1 WorkDook. V&'rston 1. Ç) 'l, ~Q00 cy-' .rechltQj....)-!~}.. (.',,:.f\!9ul ;~d.l1t~, Tne. Agenda Item No. 16E7 I December 14, 2004 16C~50f66 Process. The discrepancy may impact Collier County's ability to most efficiently conduct business. Medium - defined as a discrepancy that does not impact a Mission Critical Process and may only prove to result in a minimal impact on Collier County's ability to conduct business. Low - defined as a minor discrepancy that does not impact a Mission Critical Process or Collier County's ability to conduct business, such as misspellings, formatting adjustments, tab orders, etc. 15.3 Service Levels. IMSofTech agrees to respond to any notice from Collier County of any incident in the Application Software within one (1) hour after IMSofTech receives said notice from Collier County for aU Showstopper and Hot Incidents. IMSofTech will respond to any notice from Collier County of all other incidents in the Application Software within one. (1) hour after IMSofTech received said notice from Collier County unless said notice is received after 6:30 pm eastern time in which case, IMSofTech shall respond to Collier County by noon the next business day. IMSofTech shall correct any Showstopper incidents in the Application Software within thirty six (36) consecutive clock hours after notification of the error, any Hot incidents within seven (7) business days after notification of the incident, any High incident within twenty five (25) business days after notification of the incident, any Medium incident within forty five (45) business days after notification of the incident and any Low incident within ninety (90) business days after notification of the incident. If a Hot incident causes Collier County personnel to perform more than six (6) hours of additional work over a two (2) day or less period of time, or If a Hot incident has not been resolved within seven (7) business days after IMSofTech received notification of the incident, Collier County personnel shall notify IMSofTech and priority classification of the Hot incident shall immediately be escalated to a priority classification of Showstopper. If a Showstopper incident remains unresolved for more than thirty six (36) consecutive clock hours from the time IMSofTech receives notice of the Showstopper incident, or if a Hot incident remains unresolved for more than seven (7) business days from the time IMSofTech receives notice of the Hot incident, at Collier County's sole option, IMSofTech shall immediately dispatch an IMSofTech support person that is experienced in supporting the Application Software to Collier County's location to correct the Showstopper or Hot incident. IMSoITech's support person shall remain on-site at Collier County location until the Showstopper or Hot incident is corrected. If an IMSofTech support person is dispatched to Collier County to correct a Showstopper or Hot incident it shan be at IMSoITech's sole expense. If a Showstopper incident remains unresolved for more than thirty six (36) hours from the time IMSofTech receives notice of the Showstopper incident, Collier County may pennanentiy deduct from any future Software Maintenance Fee payments, as liquidated damages, the amount of one thousand dollars ($1,000.00) per day for every calendar day, or portion of a calendar day, that the Showstopper incident is not corrected on Collier County's system. If no future Software Maintenance Fee payments become due because of the termination of this Agreement by either party, or Collier County's decision to terminate Software Page 17 C{)tr....&rsivr~ IlQrk.::JCAJk vfH"sll:,¡n 1 ;"¡.;.~. ::v(}(': by i·p.~hn.oloJY ':-:cnsul cant!:'.!. Inc. /~ Agenda Item No. 16E7 December 14,2004 16(;360f66 Maintenance Service as defined in Section 20.8, IMSoffech shall pay the full amount of such liquidated damages to Collier County immediately at the time of such termination. Each remedy specified in this subsection shall be Collier County's sole and exclusive remedy for IMSofTech's failure to meet the applicable service level requirement. If a Showstopper or Hot incident is caused by a network, data base error, hardware error outside the control of IMSofTech or the negligence of Collier County, IMSofTech shall not be required to correct the Showstopper or Hot incident within the timeframes defined in this section 15.3. 16.0 Source Code. As deflned in Section 8.0 of this Addendum, IMSofTech shall deliver to Collier County a magnetic tape, CD-ROM, computer disk or disks onto which shall have been recorded the Source Code for the Application Software (as hereinafter defined), together with the required supporting documentation, which shall be held by Collier County sUbject to the terms and conditions of this Section 16.0 at no cost to Collier County. Future updates of the Source Code and supporting documentation shall be provided with each update, revision, release or new version of the Application Software provided to Collier County. Collier County shall be entitled to verify compliance with the provisions of this section from time to time by inspection of the Source Code and supporting documentation provided to it by IMSofTech. For purposes of this Agreement the term DSource CodeD shall mean the source code or codes of the Application Software Including all updates, revisions, releases or new versions of the source code to correspond with all updates, revisions, releases or new versions of the Application Software which are provided to Collier County by IMSofTech from time to time, and shall include supporting documentation in sufficient detail to enable Collier County to use, support, maintain and enhance the Application Software. Except as provided for under this Section 16 and Section 17, Collier County shall not divulge, disclose or otherwise make available to any other party (other than its officers, employees, agents and subcontractors), or use the Source Code or any other documentation or confidential information of any kind provided by IMSofTech to Collier County in connection therewith without the prior written consent of IMSoffech. Collier County acknowledges that title and ownership of the Source Code shall at all times remain vested in IMSofTech. Except as provided for in this Agreement, Collier County shall not divulge to any person any confidential information or intelligence contained within or fonning a part of the Source Code without the prior written consent of I MSoffech. Collier County shall use reasonable efforts to maintain the secrecy of the confidential information or Intelligence contained within or forming part of the r Page 18 Couve"rsio1i wr:frkbcJok :/E:'rstol1 1..n ~~~ ;:00(': by rr~hnclc>:TY (';ansult.i1nt~, Int;. -- .'--. -----, Agenda Item No. 16E7 December 14, 2004 16~370f66 Source Code and shall disclose it only to those of its officers, employees, agents and subcontractors on a need to know basis. Collier County shall not make use of the information or intelligence contained within or forming part of the Source Code for the purpose of appropriating any commercial business opportunity available to IMSofTech. In addition to every other remedy available to IMSoffech at law or in equity, in the event that Collier County shall breach any of the within confidentiality provisions ofthis Section 16, it shall account to IMSoffech for any benefit derived by Collier County by reason of such breach, and Collier County shall otherwise be liable to IMSofTech for any actual damage (but not including any incidental or consequential damages) caused to it as a result of such breach. 17.0 Collier County's Right to Modify the Source Code. Upon the occurrence of any of the following conditions ("Release Conditions"), or upon Collier County obtaining the right to use the Source Code as defined in Section 14.4, Collier County shall thereupon automatically be entitled to use and modify the Source Code and supporting Application Software Documentation as may be required by Collier County for purposes of using, supporting, maintaining or enhancing the Application Software: (i) Upon a default by IMSofTech in the performance or continuing performance of its obligations as described in this Agreement; or (ii) The making by IMSofTech of a general assignment for the benefit of its creditors or the appointment of a receiver, receiver-manager or trustee in bankruptcy of IMSofTech's assets and undertaking; or (iii) IMSofTech ceasing to cany on business in the normal course, for any reason whatsoever; or (iv) IMSofTech ceasing to provide adequate maintenance and support services for the Application Software on behalf of Collier County for any reason whatsoever; or (v) If the Collier County Board of Commissioners requires a function or report to be peñormed by the Application Software that the Application Software is not able to perform and IMSofTech does not provide a modification to the Application Software to enable it to perform the function or report within a cost and timeframe that is reasonable and agreed to by both parties. Collier County shall have no liability for its use of the Source Code or supporting Application Software Document pursuant to this Section 17 upon its reasonable, good faith determination that a Release Condition has occurred. Collier County personnel may perform modiftcations to the Source Code or Page J.9 C01l.....erslon HQr.iÙ>OQk V~rG.i.G¡1 ::.. V!£,.· ZQ(H) by T~JUlclù:11' "'~'~~r,!!ul tant.s I Tnc. · --.------ r Agenda Item No. 16E7 December 14, 2004 16~380f66 Collier County may contract with a third-party firm to provide modifICations to the Source Code provided that the third party firm executes an agreement prohibiting the third party firm from disclosing, distributing or using the techniques contained in the Source Code to or for any party other than Collier County. If Collier County or a third party firm performs modifications to the Source Code, IMSoITech may terminate the Software Maintenance SeNice in effect at the time the modifications were performed to the Application Software. If Collier County modifies the Source Code without the occurrence of a Release Condition or without obtaining the right to use the Source Code as defined in Section 14.4, IMSoITech may terminate this Agreement and cease providing Software Maintenance Service for the Application Software. If IMSoITech terminates this Agreement, Collier County may continue to use the Application Software, the Source Code and supporting Application Software Documentation for as long as Collier County deems necessary for the sole purpose of operating Collier County's governmental business needs and Sections 16.0, 17.0,27.0 and 28.0 shall survive the termination of the Agreement. - Collier County personnel shall have the right to use, or contract with a third party firm to use, the Licensed Programs Documentation and the Source Code to create custom reports, interfaces with other external systems and convert data from the IMSofTech system to another system without the occurrence of a Release Condition or without obtaining the right to use the Source Code as defined in Section 14.4. If Collier County modifies the Source Code and IMSofTech is required to correct any incidents In the Application Software that were caused by the modifications, IMSorrech may charge Collier County on a time and materials basis to correct the incidents. 18.0 PrQject Staffing. 18.1 Personnel. IMSorrech shall staff this project with professionals trained in the design and implementation of the Application Software to be used in conjunction with the Network. The computer professionals assigned to complete the Agreement shall be mutually acceptable to IMSoITech and Collier County. IMSoITech shan assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. 18.2 Proiect Manaoer. IMSoITech and Collier County shall each designate one (1) individual to serve as project manager ("Project Manager") for the installation, testing and implementation of the Application Software. The Project Managers will have the authority to issue. execute or provide any approvals, requests, notices or other communications required or requested hereunder except payment requests or requests for the expenditure of additional Page 20 CrJnv~I-:-st.Q.l1 !t¡r:rr.i(hQ-rjJt ·Ver.;;~_(Jn J..(; ~~ ':Cl)C r:)J '1'echI\Ql(,}gy (:'on.9Ult.dJ1t.9. Tl'lc. -- Agenda Item No. 16E7 16eej j~ ~~â~ funds which must be approved by the Collier County Board of Commissioners. The Project Manager for IMSotTech during the implementation of the Application Software shall be Mr. Richard Pucket, the Project Manager for Collier County shall be Ms. Tammy Smith. During the implementation of the Application Software, IMSofTech shall not change Project Managers unless IMSofTech's Project Manager is no longer employed by IMSofTech or if Collier County requests a change in IMSofTech's Project Manager. In the event that IMSofTech's Project Manager changes, Collier County has the right to approve the new Project Manager assigned to the project, such approval shall not be unreasonably withheld. In the event that Collier County's Project Manager changes, IMSofTech has the right to approve the new Project Manager assigned to the project, such approval shall not be unreasonably withheld. 18.3 Status Meetings. Once every other week, or as otherwise determined by both parties in writing, the IMSofTech and Collier County Project Managers, as well as appropriate additional personnel involved with the particular tasks underway, will conduct project status meetings either via telephone conference or meeting at Collier County's offices to discuss the progress made by IMSofTech and Collier County in the performance of their respective obligations hereunder since the last such meeting. At each telephone conference or meeting, IMSofTech and Collier County will notify each other in writing of any problems or circumstances encountered since the last such meeting which might prevent IMSofTech or Collier County from meeting any obligations hereunder. It shall be at Collier County's option as to whether the project status meetings are conducted via telephone conference or meeting at Collier County's offices. If Collier County opts to have the IMSofTech Project Manager attend a project status meeting at the Collier County offICes, Collier County shall be responsible for the travel and living expenses of the IMSofTech Project Manager in accordance with Section 10.0 of this Addendum. 19.0 AdditionallMSofTech Services. Any additional services requested by Collier County that are beyond the scope of the services defined in this Addendum shall be provided by IMSofTech on a time and materials basis. IMSo1Tech's billing rates for time and materials services is one hundred sixty fIVe dollars ($165.00) per hour. Said billing rates shall remain at those rates until two years from the execution of this Agreement at which time IMSofTech shall provide time and materials assistance at the lower of the following rates: (a) an increase which shall not exceed the percentage increase to any other customer; or (b) an increase which shall not exceed four percent (4%) per year to the base rate of one hundred sixty five dollars ($165.00) per hour. Prior to commencement of any additional services, IMSo1Tech shall define in writing the labor-hours, billing rate, description of services and/or work to be performed, the changes or additions to the Application Software, the way In Page 21 ~~!.'.mVE;rsi.'.:J.]l ¡¡'¡orkbtxJk \r~fo!"si('Jl~ 1. 0 I.~':" ZOOO b)" T~hncl()irjl r':cngu3 tdnt~, In':. ~" -,- ---..... ,...--. r' Agenda Item No, 16E7 Decennber14,2004 Page 40 of 66 16C3 which the Application Software will function upon completion of the modifications, including the impact on system performance, and the estimated time period for the selVices to be performed. Collier County shall not be charged for any services until the additional services are approved by the Collier County Project Manager in writing. Only after IMSofTech receives approval in writing will IMSoITech perform the additional services. 20.0 ADDlication Software SUDoort. 20.1 Software Maintenance SelVice. After the expiration of the Warranty of Operation for the Application Software, IMSofTech shall make software maintenance selVice, (hereinafter ·Software Maintenance SelVice"), available to Collier County. IMSofTech shall offer Software Maintenance Service to Collier County for the Application Software on an annual basis. Software Maintenance Service shall include. but not be limited to, the following: (a) unlimited telephone support selVices concerning the use of the Application Software; (b) correction of all errors found in the Application Software within the timeframes defined In Section 15.0 of this Addendum; (c) correction of any Application Software non-conformances to the System Specification within the timeframes defined in Section 15.0 of this Addendum; (d) one (1) copy of each subsequent update, revision, release or new version of the Application Software and related material Including the Source Code and related user and technical documentation for each subsequent update, revision, release or new version; (e) one (1) copy of the new or updated documentation for the Application Software which accurately reflects the changes in the update, revision, release or new version of the Application Software; (f) installation, by IMSofTech, of each update, revision, release or new version of the Application Software on Collier County's Network. IMSoffech shall first perform the installation In Collier County's test environment. After Collier County has tested the update, revision, release or new version of the Application Software in the test environment, IMSofTech will perform the installation in Collier County's live environment. (g) At least a quarterly review and optimization of Collier County's Application Software and data base and at any other agreed upon time. Page 22 Con....4:'rsi.'.:.>l1 workbook Ver.s.tcll 1. () tl ;:000 by T~f.~hno ".iCo.'·;;y ':;,')H$11 ::.ant:.s. 1:1".::. '- ~'------ -~_._-_.~_._- Agenda Item No. 16E7 December 14, 2004 Page 41 of 66 16C3 On-site service shall be available to Collier County at IMSoITech's cost and at no additional charge to Collier County where on-site service is necessary to correct incidents, problems, deficiencies, defects or errors in the Application Software which cannot otherwise be corrected by way of remote support. 20.2 Annual Software Maintenance Fee. IMSoITech shall make Software Maintenance Service available to Collier County for the annual fee of forty two thousand dollars ($42,OOO.OO) , (hereinafter "Software Maintenance Fee"). Collier County will pay IMSoITech the Software Maintenance Fee for Software Maintenance Service for the Application Software upon expiration of the Warranty of Operation for the Application Software. The Software Maintenance Fee for the Application Software shall remain at forty two thousand dollars ($42,000.00). until two years after the expiration of the Warranty of Operation for the Application Software at which time the Software Maintenance Fee will be the lower of the following: (a) an increase which shall not exceed the percentage increase to any other customer; or (b) up to a ten percent (10%) increase per year to the net Software Maintenance Fee charged to Collier County in the previous year. If Collier County increases the number of active billing customers or increases the number of concurrent user licenses as defined in Section 3.0 above, IMSofTech may increase the Software Maintenance Fee by up to ten percent (10%) of the cost for the additional active billing customers or the additional concurrent user licenses. 20.3 Time and Materials Software Maintenance Service. At its sole discretion, and at any time, Collier County may elect to receive Software Maintenance Service on a time-and-materials basis or for the Software Maintenance Fee. IMSoITech's billing rates for time-aOO-materials Software Maintenance Service for the Licensed Programs is one hundred sixty five dollars ($165.00) per hour and shall remain at one hundred sixty fIVe dollars ($165.00) per hour until two years from the expiration of the Warranty of Operation for the Application Software at which time IMSofrech will provide time-and-materials Software Maintenance Service at the lower of the following: (a) an increase to the base hourfy rate which shall not exceed the percentage increase to any other customer; or (b) an increase which shall not exceed four percent (4%) per year to the base hourly rate of one hundred sixty fIVe dollars ($165.00) per hour. If Collier County elects to receive software maintenance on a time-and- materials basis, all guaranteed service levels outlined In Section 15.3 of this Page 23 Cr.:mveors.1.ö1.1 fiork.:boalt Ve-rs.:'(,I!1 1. Ù '.~.J ::000 b:V l'~chnoloqy Con~ul t.a.nts I Tnt:. r Agenda Item No. 16E7 December 14, 2004 16e30f66 Addendum, and system performance warranties outlined in Section 14.7 of this Addendum are null and void. In addition, system upgrades will no longer be provided at no charge. 20.4 Modifications in Updates. Revisions. Releases and New Versions. All future updates, revisions, releases or new versions of the Application Software as provided by IMSotTech shall not affect the Modifications that have been performed as defined in this Addendum. If the installation of a future update. revision, release or new version of the Application Software causes a Modification to not perform as originally written or as defined in the Modification Specification. IMSofTech shall, within seven (7) business days of notification from Collier County and at no charge to Collier County, correct the Modification so it functions as originally written or as defined in the Modification Specification. (- 20.5 Maintenance Hours. IMSofTech will respond to calls for service during normal working hours between 8:00 am and 8:00 pm eastern time, Monday through Friday. Collier County shall not incur any charges for Software Maintenance Service that is performed after the normal working hours to correct Showstopper or Hot incidents. 20.6 Software Maintenance Log. IMSofTech shall maintain a log of all support calls from Collier County to IMSofTech regarding problems with the Application Software or questions regarding the operation of the Application Software. The written log of all support calls shall include, but not be limited to, a short description of the support call, date, time, Collier County person initiating the support call, IMSofTech person receiving the call, description of support work performed by IMSofTech and the disposition of the call. On Collier County's request. IMSofTech shall provide Collier County with a copy of the wrttten log of all support calls. 20.7 Government Mandated Software Changes. IMSofTech agrees to provide changes to the Application Software to enable the Application Software to comply with any and all processing or reporting required or mandated by the Federal government, the Governmental Accounting Standards Board or any pronouncement Issued by the American Institute of Certified Public Accountants. Such required processing or report changes shall be made to the Application Software by IMSofTech within the required time frame a5 defined by the governing body or authority concemed. IMSofTech agrees to provide changes to the Application Software to enable the Application Software to comply with any and all processing or reporting required or mandated by the State of Florida provided that Collier County gives IMSoffech the specifications from the State of Florida regarding the precessing or reporting requirement. Such changes to the Application Software shall be perfonned by IMSofTech within the required time frames defined by the State of Florida. The changes to the Application Software identified in this section shall be perfonned by Page 24 COJ1V'f.;'rs.icn W(n~'I(booi< i¡{H"JsioJ.1 1. D i:- :::000 by '1.'~r:hnöl 00:1'1 ~ðn9ul tf1.nt!! I I C'.r: ~ Agenda Item No. 16E7 December 14, 2004 16ë3430f66 IMSaITech at no charge to Collier County provided that Callier County has paid the annual software maintenance fee at that time. 20.8 Conversion Costs. If a conversion of Collier County's data is necessary due to an update, revision, release or new version of the Application Software, IMSoffech shall perform the conversion and bear the entire cost of the conversion. 20.9 Term. The term of Software Maintenance Service shalf be for twelve (12) months and shall automatically renew for a twelve (12) month term upon the same terms and conditions as contained in this Agreement. IMSofrech shall not terminate Software Maintenance Service unless Collier County has defaulted as defined in Section 24.0 of this Addendum or has modified the Source Code as defined in Section 17.0. Collier County may, at its sale option, terminate Software Maintenance Service with thirty (30) calendar days written notice to IMSofTech. Collier County is guaranteed the right to purchase Software Maintenance Service from IMSofrech for as long as Software Maintenance Service is available on the Application Software. If Collier County terminates Software Maintenance Service, IMSofTech shall refund within thirty (30) days to Collier County the prorated amount of the Software Maintenance Fee that has been paid by Collier County to IMSoITech for any unused Software Maintenance Service. 21.0 Subcontractors. IMSofTech states that Schedule J, List of Subcontractors, is a full and complete list of the proposed subcontractors on this project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Collier County Project Manager. IMSofTech further acknowledges its responsibility far ensuring that the subcontractors listed herein are "qualified" (as defined in Collier County, Florida Ordinance 87-25) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and Insurance coverage. Further, Collier County may direct IMSofrech to remove/replace any subcontractor that is found to be non- compliant with this requirement at no additional cost to Collier County. 22.0 Insurance. IMSoITech shall keep in full force and effect and maintain at its sole cost and expense the policies of occurrence based insurance during the entire duration of the work performed as defined in this Agreement. The Collier County Board of Commissioners shall be named as the certificate holder and identified as additional insured parties an the Certificate of Insurance. IMSarrech shall maintain insurance limits as defined in the IMSofTech Response to the Collier County Request for Proposal. IMSorrech's insurance shall contain Severability of Interests/Cross Liability coverage stating that IMSofTech's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Page 25 Cotl1"."ersio.u Hor.ltoook VeTs.tr':;l1 ::...~) I~. 2DOf) ::'::y 't~~hn~"')l~~y .-::cr..~u..: 1:.a.nt.!'!. In':. ---- r (- - - .._._---~-- Agenda Item No. 16E7 December 14, 2004 16Cj440f66 The insurance companies shall maintain at least an A rating in the most current publication of Besfs Policyholder Guide and shall be licensed to do business in the State of Florida. Such insurance shall be primary insurance and any other valid insurance existing for Collier County's benefit shall be excess of such primary insurance. IMSofTech shall obtain such endorsements to its policies of insurance as are necessary to cause the policies to comply with the requirements stated herein. All policies or certificates shall contain no less than thirty (30) days prior written notice to Collier County of cancellation, non-renewal or material change in the insurance by certified or registered mail, return receipt requested. Should at any time IMSofTech not maintain the insurance coverage's required, as defined in the IMSofTech Response to the Collier County Request For Proposal, Collier County may terminate this Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge IMSofTech for such coverage's purchased. Collier County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of Collier County to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under this Agreement 23.0 Indemnification. IMSoffech, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which Is accepted through the signing of this document, shall hold harmless and defend Collier County and Its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against Collier County by any employee of IMSofTech, any subcontractor, or anyone directly or indirectly employed by any of them. IMSoffech's obligation under this provision shall not be limited in any way by IMSofTech's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money receIved on the contract price is considered as payment of this obligation by Collier County. In no event shall I MSofTech's liability exceed one million five hundred thousand dollars ($1,500,000.00). This section does not pertain to any incident arising from the sole negligence of Collier County. IN NO EVENT SHALL IMSOFTECH BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS. THESE LIMITATIONS SHALL APPLY EVEN IF IMSOFTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM FOR RECOVERY IS BASED ON (i) BREACH OF WARRANTY OR CONTRACT. OR (ii) NEGLIGENCE, STRICT LIABILITY OR OTHER TORT. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS COLLIER COUNlY'S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT page 26 ,::~.:.JUver'3 ~.I':;,ì:: ~J(}rf(;'''()(''Jk 'if:T.Gj.c.:n 1.. D tL: ~ç\.jC by T~~ht\("'ll~:r)~ (';r,)lu=lul t..a.nt.s: JI\C. ----..---- Agenda Item No. 16E7 December 14, 2004 16e:350f66 THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 24.0 Default by Collier County. The nonpayment or nonperformance of any obligation of Collier County will not be deemed a default unless Collier County fails to cure the default within forty five (45) days after written notice to Collier County of such nonpayment or nonperformance. If Collier County fails to cure such default IMSofT ech may terminate this Agreement. Any nonpayment or nonperformance by Collier County which is the result of a dispute between the Parties to this Agreement shall not be considered a default by Collier County. 25.0 Default by IMSofTech. The nonperformance of any obligation of IMSofTech will not be deemed a default unless IMSofTech falls to cure the default within forty five (45) days after written notice to IMSofTech of such nonperfonnance; provided, however, IMSofTech's time to cure a default under Sections 14.3, 14.6, 14.7 and 15.3 shall be the time set forth in those Sections and not forty five (45) days. If IMSofrech fails to cure such default, ceases conducting business in the normal course, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of or becomes subject to any proceeding under the Federal Bankruptcy Act (other than a proceeding under Chapter 11 thereof) or any other statute of any state relating to insolvency or the protection of the rights of creditors, then Collier County may do anyone or more of the following: (i) terminate this Agreement; (ii) suspend any payments due uncler the Agreement; (iii) pursue any remedy available to it at law or equity in addition to any specific rights or remedies set forth in this Agreement; (iv) continue to use the Application Software, Source Code for the Application Software and Licensed Programs Documentation for as long as Collier County deems necessary for the sole purpose of operating Collier County's business needs. 26.0 Governinc Law. This Agreement, including all Schedules attached hereto and/or Incorporated by reference herein, shall be governed and construed in accordance with the laws of the State of Florida. If any provision hereof shall be held to contravene any applicable law, such provision shall be deemed reformed to the extent of conforming to said law, and in all other respects the tenns hereof shall remain in full force and effect. IMSofTech shall comply with aU applicable laws, regulations and rules promulgated by any Federal, State, County, Municipal and/or other governmental unit or regulatory body now in effect or which may be in effect during the perfonnance of this Agreement including without limitation all applicable laws, rules and regulations pertaining to equal employment opportunity. Any breach by IMSofTech of the foregoing laws, regulations and rules shall constitute a breach by IMSofTech of this Agreement. Any litigation or legal action to enforce or interpret this Agreement shall be filed and heard only in the state or federal courts located in Florida and Collier County and IMSofTech consents and submits to the exclusive jurisdiction and venue over any action, suit or other legal proceeding that may arise out of or in connection with this Agreement in such courts. Page 27 C"('Ll'\:'~r6i.ç,·¡ ~t.:..rîÛJ:.x..k Vb'r¡:;iç..:: 1. Ù ,;.~ ;:000 by Te....:rul01c.-gy :::(')n~~l td.n~_~:1, Tnt.:. --" ( \ Agenda Item No. 16E7 Decernber14,2004 16è36 of 66 27.0 Confidentiality of Collier County Information. IMSofTech acknowledges that all material and Information supplied by Collier County which has or will come into the possession or knowledge of IMSofTech in connection with IMSofTech's peñormance is to be considered Collier County's confidential and proprietary information, disclosure of which information to or use by third parties will be damaging or which disclosure may be prohibited by law. IMSofTech agrees to hold such material and information in strictest confidence, not to make use of it other than for peñormance as defined in this Agreement, to release it only to IMSofTech employees requiring such information, and not to release or disclose it to any other party or otherwise violate applicable law with respect to any disclosure of information. (' 28.0 Confidentiality and Non-Disclosure of IMSofTech Information. Collier County acknowledges the Application Software and Documentation constitute copyright works of authorship and include confidential information of IMSofTech or its suppliers and represent and embody certain valuable proprietary information and trade secrets of IMSoffech or its suppliers. Except as otherwise provided for in this Addendum, Collier County agrees not to disclose or make available the Application Software or Documentation, or any part thereof, to anyone other than Collier County's employees and consultants who are required to have access to the Application Software or Documentation in the normal course of installation, operation or use of the Application Software or Documentation and who have a legal duty to protect such trade secrets and confidential Information. Collier County agrees to implement reasonable procedures to prevent other persons from obtaining access to or use of the Application Software and Documentation. Collier County acknowledges that IMSofTech or its suppliers will suffer irreparable harm should Collier County fail to abide by the terms and conditions herein and that IMSofTech shall, in addition to recovering damages, be entitled to obtain injunctive relief from a court of competent jurisdiction to enjoin Collier County from violating this Agreement and/or infringing the proprietary rights of IMSofTech or its suppliers. The responsibilities and obligations set forth in this Section shall apply during the term of this Agreement and shall continue thereafter (i) with respect to trade secrets of IMSofTech or its supplier, as long as such infonnation remains a trade secret under applicable law, and (iI) with regard to other confidential and proprietary infonnation of IMSofTech or its suppliers, for a period of three (3) years after the termination or expiration of this Agreement. Collier County's responsibility regarding the confidentiality and non-dlsclosure of IMSofTech information shall not extend beyond any state or federal "freedom of infonnation" or "right to know" laws. 29.0 Risk of Loss. Risk of loss for Licensed Programs and. Licensed Programs Documentation, except for the loss caused by the acts or omissions of IMSofTech or its agents or employees, shall pass to Collier County when the Licensed Programs and Licensed Programs Documentation are detivered in apparently undamaged condition and receipt acknowledged by Collier County at Collier County's designated location. ( Page 28 CC}.\1versiol1 W('JrkOc.:J::,.òk V&rS1.0n :l. ~..¡ 'l) :000 b~; ';:'eofJ}u),Qlo:':<,;¡Y C'onsl.ll t..c-'lJ"t.s. Inc '" ~----~~ Agenda Item No. 16E7 December 14, 2004 16~:\470f66 30.0 Reauest For ProDosal. The information provided in the JMSofTech Response to the Collier County Request For Proposal set forth in Schedule I, shall be read as part of this Agreement. If any information in Schedule I is inconsistent with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall control. 31.0 Waiver of Breach. Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach of the same provision or of any other provision. No inspection, payment or order for payment of money, acceptance of the whole or any part of any work perfonned under this Agreement, or extension of time shall operate as a waiver of any provision of this Agreement, or of any power herein reserved to Collier County, or any right to damages or other relief permitted by law. No term or condition of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the Parties hereto. 32.0 Partial Invalidity. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect, and such invalid or unenforceable provision will be limited and curtailed only to the extent necessary for it to be valid and enforceable. 33.0 Hiring of Collier County EmDlovees. During the term of this Agreement IMSofT ech may not offer to hire or in any way employ or compensate any of the employees of Collier County or persons who have been employed by Collier County within the immediate past twelve (12) months without the prior written consent of the Collier County. 34.0 Assignment IMSofTech shall not transfer or assign any of its rights or obligations under the Agreement to any other party without the prior written consent of Collier County, which may be withheld for any reason. IMSofTech's responsibility for performance of the Agreement shall remain, even if Collier County should agree to such transfer or assignment. 35.0 Clear Understanding. If anything necessary for a clear understanding of any work or services to be performed by IMSofTech under this Agreement has been omitted from the provisions of this Agreement including Schedules. or if it appears that various instructions are in conflict, IMSofTech shall secure written instructions from Collier County's Project Manager before proceeding with any work or services to be performed under this Agreement affected by such omissions or discrepancies. It is understood and agreed that the written terms and provisions of the Agreement supersede all verbal communications or agreements between the Parties. 36.0 Notice. Any notices permitted or required by this Agreement snail be deemed given when personally delivered or upon deposit with a qualified express mail delivery service, charges fully prepaid, return receipt requested, directed to the address shown at the beginning of this Agreement, or such other Page 29 CC;1!\."~r-¡;lr.:.;u Wr:..rKbr.Jf.)k iJ'f:'r~ioa 1.0 'L ;:000 by T~~hnclcg;" Ccnf:Jul t,¿nt.$ Lnc. r (" r Agenda Item No. 16E7 16ë3~~ ~?~ with this provision. Alternatively, notices shall be deemed given when facsimile transmission is sent to the fax number shown at the foot of this Agreement and recipient acknowledgment is provided via retum facsimile transmission. 37.0 License to do Business in Florida. For the duration of this Agreement. IMSofTech shall be licensed to do business in the State of Florida. JMSofTech's license to do business in Florida is attached as Schedule L. 38.0 Entire Aareement. The agreement by and between Collier County and IMSofTech, this Addendum and the attached schedules, Schedule A, Licensed Programs, Schedule B, List of Modifications, Schedule C, list of Equipment. Schedule 0, licensed Programs Documentation, Schedule E, Application Software Price, Schedule F I Project Schedule. Schedule G, Payment Schedule, Schedule H, Implementation Services, Schedule I, IMSofTech Response to the Collier County Request for Proposal, Schedule J, List of Subcontractors, Schedule K, Data Migration Workbook, Schedule L, License to do Business in Florida, constitutes the entire Agreement between IMSofTech and Collier County. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. IMSofTech, Inc. ATTEST: ¿JØP By: Its: ßr:s~c...r President ~\{, A~4ar- Corporate SecretarylWrtness '{....('1-0J Date ~~~ Second Witness ~QF¡aeratð 3~CI~~ Date: q ~ L -Ò } Page 32 Conversion workbook version 1·0 C 2000 by Technology Consultants, Inc. ,- ..-"-. Agenda Item No. 16E7 December 14, 2004 Page 49 of 66 16C3 ATTEST: :,' ':"~ .. . . BOARD OF COUNTY COMMISSIONERS OF COlliER CO~DA BY: ~ Jame . Carter, Ph.D.. Dwight E. Brock, C11. . .... ';:' BY: ~~""Î'tf!!- ChairmanAtt»tt . to;~1_:'S stgnat... on11·. Date: ,,/~/()/ . Approved As To Form 32;Y~ Robert Za ary Assistant County Attorney Page 31 Ccrü....t:rG1CiJJ Wú-rk.hC'"Jok.:Je;'rsi.·.)u -~.. C ~~~, .:~QOv by ""['~r:hn.c;'0t;~.. t:·~:~n::Hl.;,t.GJ\':.~~, 'Inc. !r- Agenda Item No. 16E7 December 14,2004 16~~500f66 SCHEDULE A Licensed Programs The following Is a list of the IMSofTech Licensed Programs: (- APPLICATION Utility Billing Customer Information Service location Information Meter/Device Information Utility 81111ng Administration Meter Reading Management Batch Entry Management Periodic Transaction Management Cash Receipting Report Management Miscellaneous Accounts Receivable Rate Study Financed Impact Fees Technical Services Work Order Management Inventory Management Facilities Maintenance Management Transfer to General Ledger Report Management System Administration Company Information Management User Security/Settings Management Technical ServIces Configuration General ledger Configuration Task Schedulers and Reminders O-Mail: Internal Messaging System r I Page 32 Ç'f:;JJv..;-rsiQ.L: ÿ;'f.:.ir!(:}oaK V!,"rs:1.oD 1,0 \17.; ;:000 1))" Tt!cJ\nclogy (:;crtsul t.ë.U1t.f.1. IrLC. Agenda Item No. 16E7 16(!~~i ~?gci SCHEDULE B List of Modifications The following is a list of the Modifications that are to be installed and implemented by IMSoITech: Ability to automatically generate an Application for Service form and a letter of account for ~II new accounts or new move ins, see attached Application for Service and letter of account forms. AbUlty to identify a meter as a temporary meter. Ability to search customer account information on-line by any and all of the following: Folio number - STRAP number - Account number - Name - Billing address - Service address - Meter number. Ability to project anticipated utility receipts upon entry of a flat or percentage rate increase amount. Ability to define effluent irrigation contracts for individual accounts. The contract must include the date of the contract, length of contract, per thousand-gallon usage rate and an optional minimum gallon usage amount. Ability to charge an account an effluent irrigation charge based on the accounfs effluent irrigation contract. Ability to generate a report of all effluent irrigation contracts that are at the end of their contracts. Ability to notify the operator on the screen that an accounfs effluent irrigation contract is at the end of the contract. Ability to define a maximum billing threshold. Ability to define beginning and ending dates on water and sewer rate tables. AbilIty to maintain a history of rate tables on the system. Ability to interface to ITRON model FS2, FS3 and G5R data collection devices (ITRONs) and data packs to perform the reading of customer meters. The Appjlcation Software must be able to interface to the handheld ITRON devices that collect meter readings via touch pad, readings entered by an operator and using wireless communication to the meters. Ability to preload the ITRONs with account information befa'e readings are taken (see the attached file layout information for the data to be preloaded to the ITRONs.) Ability to select data to be uploaded to the ITRONs by cycle number and route number. Ability to download data from the ITRONs and create a file of the meter reads on the system. Ability to print an exception report from the meter reading data downloaded fí"om the ITRONa. The exception report must be by cycle and route with all error conditions printed for the cycle and route. Page 33 CotlV"ears1on K(.·r. (böok. Ve-rG.l.lJ11 1. U -t) :000 by T~cl)D.olO'-.JY ·:~<:,·n$ül t..i\nt.:r;:. Inc. r Agenda Item No. 16E7 Decernber14,2004 16C~520f66 Ability to generate an unread meter report for each cycle and route. The report must show the number d meters read In the cycle and route, the meter reader 10 and the serial number and sequence number for each meter that was not read. Ability to generate an edit report of the data downloaded from the ITRONs to the system. The report number by cycle and route and sorted by sequence number. The report must include the following: meter number, account number, sequence number, reading, time stamp and error code. Abßity to maintain data read from the ITRONs and produce a mandatory edit list of changes. Ability to print a billing exception report that includes route number, ID number, name and address to determine If any accounts have not been billed. r Abüity to update utility billing files from the edited ITRON information and produce an updated register. AbYity to bill different accounts or cycles (e.g., residential or effluent) on a different frequency (e.g., residentlal-every month; efftuent-every other month). Ability to perform average billing for selected groups of accounts or cycles. The system will automatically generate bills for accounts using the average consumption and average billing amounts for the previous year (for use in rate analysis and management studies). Ability to bill special assessments on the utility bill. Ability to interface with the special assessments application. If an accounfs special assessment is paid off, the system must automatically update the utßIty billing application so the special assessment Is not billed on any future utility bills. Ability to update the special assessments application with all special assessment billing and payment information processec:l in the utility billing application. Ability to prevent payments from being posted to terminated accounts. Flag that account is terminated and no payments can be accepted. Ability to process the lock box file of customer payments matching the account number on each record with an account in the utility biDing master file. Processing the file must include generating a total of all payments received and printing a report of any records that have an account number that does not have 8 match on the utility billing master file. Abifity to edit the file of customer payments to correct any payment data in the file. Ability to post the customer payments to the utility billing customer accounts after the processing has been verified as correct. The system must generate 8 cash payment register of all the payments posted. The system must have the necessary controls to not allow a file of customer payments to be posted to the utility billing system more than once. Ability for the system to automatically track customer bHlings and perform the direct debit processing 15 days after the customer billing. The number of days after blUing that the direct debit processing is performed must be a user defined and maintained system parameter. Ability for the system to generate a report of all billing cycles with a status of the direct debit processing for those cycles. After a billing cycle has been compl8led the direct debit status will remain "open· or ·unprocessed" until the direct debit processing has been completed. /-- Page 34 C'f'"Jl1V€TG.J..r,)J,\ Nt",)r.!dJÇ;I,)k l,'""ër::;t.r:;H J., n (.: ::(\(H) by 1"~«!hn.c.::1.(~.::lY (:cn9ult.(1.nts. Inc.. Agenda !tem No. 16E7 December 14, 2004 16C3530f66 Ability to interface with a County Property database. The Utility Billing application must accept periodic data updates from the County Property database. Ability to print the loan amortization schedule for each customer with a financed Impad fee. The loan amortization schedule must include at a minimum: payment number, month and year of payment, interest rate, scheduled balance, scheduled payment for the month, Interest portion of the payment, principal portion of the payment. Ability to define a number of months at the beginning of the loan during which time no interest fees will be charged to the loan. Ability for the utility billing application to track all payments for financed impact fees. The system must track the payment date, amount paid to interest and principal. The system must also aUow for the entry of additional principal payments. Abifity to print a loan data sheet at any time. The loan data sheet must include the following: name and address of the person/company receiving the loan, account number, total amount of the loan, beginning date for the loan, total number of scheduled payments, interest rate, length of loan in years. payments per year, calculated monthly payment amount, total amount paid to date, total interest paid to date, number of payments remaining. Ability for the system to automatically calculate the payoff of a financed impact fee at any time based upon a payoff date. The system must calculate the amount of principal and the amount of interest due as of the payoff date to determine the payoff amount. The purpose of a general ledger module will allow and provide summary totals of revenue recorded. cash received and other adjustments to interface with the County's financial software. The intent is to maintain the subsidiary data on the U.B. system. Subsidiary totals will be transferred to the County's financial software. Ability to print an account master list, by cycle, route, in alphabetical or account number sequence. Ability to list customers in alphabetic order. AbIlity to track total consumption by: - Month and year - Meter size - Rate code (i.e. commercial, residential, multi-famlly.) Ability to print mailing lists and labels by street address, cycle or route for special purposes. Ability to print a monthly usage and receipts report detailing water usage and dollars by: - Residence class (i.e., single or multi-famly, institutional, Industrial. commercial, etc.). - Meter size - Date(s). Ability to produce management reports (from extracted data) on rates using "what If scenarios· by: - Residential class - Meter size - Consumption - Date(s). Ability to produce a backftow report with: - Account number - Backflcw device - Site address. Page 35 ·:~(;J1"'~e:rsit,:;n WQ"ritbcx.ik: Vll'rr;!IJIl 1.0 ',[; Z000 b).' T~ch!lolog~1 Ccnstll t.antÞf:. Tnc. (- Agenda Item No. 16E7 December 14, 2004 Page 54 of 66 16C3 r Ability to produce fire meter report by: - Account number - Site address - Mailing address. Ability to print a monthly history by account report for two years. The report would include actual and estimated usage as subtotals. All consumption would be net after adjustments. Average consumption by account would be calculated and printed on the report. Ability to print a separate list of accounts with zero (0) usage for the period. Ability to print a water and sewer consumption list for a range of customers (e.g., top 10, top 100, etc.). Ability to selectively print a monthly consumption list by meter size. Ability to print a detailed customer account report showing aged balances, readings and consumption. Ability to generate a Revenue Reconciliation report by service type, see attached report for report content. Ability to generate a water usage by usage level report. The report must be by usage level increasing in 1 ,OQO-gallon Increments. The report must show the ntJmber of bAls for each increment, the total consumption for those bills, the consolidation factor, the percent of total usage and the percent of total bills. The report must show the total number of bills and the total consumption. The report must be by service type. Ability to generate a water usage by usage level report by meter size. Ability to generate a report which shows the consumpöoo from the meter reads compared to the consumption billed by cycle and route. Ability to print a meter report by the age of the meter. The report must be sorted by cycle with the operator entering an indMdual cycle or range of cycles to be printed. The report must show the cycle, route, name, address, meter number and age of the meler. Ability to print a route list in any of the following sequences: - Cycle - Route - Sequence - Address - Account number. The route list must include, cycle, route, sequence, account number, address, meter number, previous read and a blank area for the operator to write In the current react Ability to print a cash edit report prior to posting to the general ledger . Ability to perform a customer account look-up using the customer's meter number. The system must allow the operator to enter the meter number and be able to drill down to Inquire into meter information and customer account Information. Ability to Inteñace with Collier County's check validator equipment. The system must allow customer checks to be validated after entering the payment information Into the system. AbHíty to allow an operator to enter and maintain the information that will be printed by the check validator. .r Page 36 CC.H:l'·..·~'X'f¡J.(jU Workbook Version :1. Û ~¡::.. 2000 by Tet:hnc1t>:!y r.;cugul t..d:1t~. !n~. -_... ---......-.. "--. Agenda Item No. 16E7 16Cð~ ~?~~ Ability for the system to generate a unique receipt number for each check payment entered Into the system. The system must print the receipt number on each check during the validation. Ability to inquire into a receipt transaction by entering the receipt number. The system must ailow the operator to drill down to the customer account detail information after displaying the receipt transaction information. The following are the modifications that will be made by IMSofTech to the accounts receivable/miscellaneous biUing application: Ability to sort the customer master file by: - Customer number - Customer name - Balance - Status. Aging (30, 60, 90 days etc.) - Originating Department - Date of Entry Ability to Interface with the County's cash receipts application. The system must transfer accounts receivable/miscellaneous billing invoices to the cash receipts application to allO'N cash receipts to be posted to the Invoices by the County's cash receipts application. The cash receipts information must be transferred back to the accounts receivable/miscellaneous billing application to associate the payments with the customer invoices. Ability to interface with the Clerk's FinanciaJ Management System. Ability to create a file of all daily general ledger transactions. The file of daily general ledger transactions must be in a format and on media that is able to be transferred to the Clerk's financial system to enable the transactions to be integrated with the Clerk's accounting system. The system must be able to track the general ledger transactions that have been sent to the Clerk's system to eliminate any duplicate transactions from being sent to the Clerk's system. Daily and monthly register of all bUJs generated on the system. The register must be in invoice number sequence. . AbIlity to print notes for accounts sent to collection sorted by customer. . Ability to charge interest on past due amounts that have been sent to collections. The foIlO'Ning are the modifications that will be made by IMSofTech to the work order application: AbUity to calculate the average response time to work orders by activity code, by department. Ability to print an exception report showing outstanding work orders past due dates by assignee or by date. Ability to print a work order "tickler list" In any of the following sequences: - By assignee or department By Site Address Page 37 CrJX1Ve"rSi.QJl iiQr!ù:;cr;k V~'CS.1·:';ll _.':J "i~· 20GO by 'T:'!~hu(')lò~y !.:';.~[U=!Uit'..A.nt.s. Inc. ..--.. ( Agenda Item No. 16E7 December 14, 2004 16~~60f66 SCHEDULE C List of Equipment The following is the equipment that has been Implemented on Collier County's network: Server Minimum Configuration: DELL Power Edge 4400. 4GB RAM, Windows 2000 Advanced Server, Dual 933 MHz Processors, 100BT Network Interface Network File Server (DomaJn ControU...): Compaq Preliant 1600, Intel Pentium Pro 200 MHz. 128MB RAM, 8GB RAID 5 Disk-Array, 100BT Network Interface. Windows NT SP4 Minimum PC Configurations: DELL Opti Plex GX110, 7331100 MHz Pili, 128MB RAM, Windows 2000 SP 1 Office 2000, DEll M781/M781mm Monitors, 3Com 3C920 Integrated Fast Ethernet Controller (3 C905C-TX Compatible), Creative SB Audio PCI 64v (WDM), Samsung CD-ROM SC-148F, IDE 10GB Hard Drive, Standard Aoppy, Standard 101/02 OS Keyboard, PS/2 Wheel Mouse, Intel 810 Video Card r DELL Opti Plex GX110, 7331100 MHz Pili, 128MB RAM, Windows NT SP 4, Office 2000, DELL M7811M181mm Monitors, 3Com 3C920 Integrated Fast Ethernet Controller (3 C905C-TX Compatible). Creative SB Audio PCI 64v (WDM), Samsung CD-ROM SC-148F, IDE 10GB Hard Drive, Standard Floppy, Standard 101102 OS Keyboard. PS/2 Wheel Mouse, Intel 810 Video Card Gateway E4200, 128 MB RAM, Windows 2000, Toshiba CD-ROM XM-6602B. Standard Floppy, ATI Rage 128 GL AGP Video, 6.3GB Intel 82371ABlEB PCI Bus Master IDE Hard Drive, Standard 101102 Key Keyboard, MS PS2lntellimouse, 3Com Etheriink 10/100 PCI Net Adapter (3C905C- TX), Creative Sound Blaster Audio 1280, 400 MHz PII. 15 in viewable monitor Gateway E4200 w/ExternaJ Zip Drive 100, 400 MHz Pil, Windows 2000, 128MB RAM Mitsumi CD-ROM FX4011B, ATI Rage Pro Turbo AGP Video, Standard Floppy, 7.8GB Intel 82371ABlEB PCI Bus Master IDE Hard Drive, Standard Key 101102 Key Keyboard. MS PS2 IntellimoU88,3Com Fast Ethernet XL 14100MB TX Ethernet Nic (3C905B-TX), 15 in Viewable Monitor Gateway E4200. 128MB RAM, Windows 2000. Mttsumi CD-ROM FX-4821T1A, Standavd Floppy, ATI Rage 128 GL AGP Video, 9.5GB Intel 82371ABIEB PCI Bus Master IDE Hard Drive, Standard 101/02 Key KeybcBd, MS PS2lntellimouse, 3Com Ether1ink 10/100 PCI Net Adapter (3C905C- TX), Creative Sound Blaster Audio 128D, 550 MHz Pili, 17 in viewable monitor Gateway E4200, 128MB RAM, Windows 2000, Mitsumi CD-ROM FX-4821T1A, Standard Floppy, ATI Rage 128 GL AGP Video, 6.3GB Intel 82371ABIEB PCI Bus Master IDE Hard Drive, Standard 101102 Key Keyboard, MS PS2 Intellimouse, 3Com Etherilnk 10/100 PCI Net Adapter (3C905C- TX), Creative Sound Blaster Audio 128D 450 MHz Pili, 17 in viewable monitor Xerox Work Centre 450C Class 2 Fax Modem (,-- ITRON Models: FS2, FS3, G5R Data Pack - Mobile Unit Printers (Collier County Id numbers): HP DeskJet 870 CSE (Local printer) HP LaserJet 4mPlus network printer (IT-1075) (IT-1073) (Qty 2) Page 38 Con·....t:rE: 1.::J]1 ifor~brYJk 'Jers ir.:m :1. t) '¿ ;:000 by "re,==hnolcgy '=on~u.l t.cl!\tS. Tn<:.. -.-...-.- .-..... ,-- ---...----" .-..,._.---.__.,"-.'-~ Agenda Item No. 16E7 December 14, 2004 16C~570f66 LA424 MultlPrinter (digital) using Jet direct boxes (local) (Qty 2) HP LaserJet 4 (IT-1094) (local) (Qty 2) HP LaserJet 5000N network printer (receipt) (IT-9001) HP LaserJet 4500DN network printer (IT-2545) Cannon BJC 5000 Color Bubble Jet (local) HP LaserJet 4000TN network printer (IT-181O) (IT·2091) (Iocal- TeryI Road) (Qty 3) HP LaserJet 5M (IT-1095) (Local) (Qty 2) HP LaserJet 2100TN (Local) Digital LG06 Green bar printer Digital LG31 Green bar printer Pitney Bowes DocuMatch Integrated MaD System Model H50 using the Lexmark OptraS 2450 120v 20 amp laser printer (local to the NT machine used for printing bills) (Qty 2) HP Color Laser Jet 8550 network printer HP LaserJet 4050N (1ocaI- Teryl Road) HP DeskJet 855C (Iocal- Teryl Road) Xerox Work Centre 390 Valldatora: ITHACA P~S Series 50 ITHACA P~S Series 150 Modems: US Robotics 56K Modem External (Qty 3) Software: MVRS latest version Office 2000 Windows 2000 Advanced Server Windows 2000 Workstation Windows NT Crystat Reports Page 39 C'cllv€r~iQll WGrkbt~o~ VerS1Vl'l :1..1."1 Ç:. .:000 by TecllnO-~'''3:t :::Qn~L:.l t.ë'.l1.t.'3, Tn~. (' Agenda Item No. 16E7 16ë3 ~~ ;~gi SCHEDULE D Ucensed Programs Documentation Welcome Kit: Welcome Letter with the following: Implementation Guide Class Outlines Instructions for viewing the Help and Reports on the CD Data Conversion Questionnaire Customer Questionnaire Instructions for viewing -Intro to Training" on the CD User Manual Data Conversion Workbook list of Database Tables and Views Training Workbook Demo Database Database Setup Approval Modification Specifications Sample Bill Forms {- Standard Reports r- Page 40 Con"'''erí3.1.r.:m Woridx)f;iK "CJer¡;io.l1 1.0 "-~:; ~QOC by Tech.nology '''.':'~)n!!ultants. :inc. '.-..".- Agenda Item No. 16E7 16~~ ~~ ~~~~ SCHEDULE E Application Software Price The following is the price for the Application Software: APPLICATION LICENSE FEE Phase I Application Software Utility Billing and System Administration $167,875.00 Estimated Modification Price $130,000.00 $297,875.00 Phase I System Price Phase II Application Software Technical Services Phase II System Price Totsl System Price $29,625.00 $29,625.00 $327,500.00 Note: 1. For a period of twenty four months after the execution of this Agreement, Collier County may license the IMSofTech Financial Management application for the license fee of $60,000.00 for a 25 concurrent user license. The Financial Management application includes: Accounting and Financial Management Journal Maintenance, Accounts Payable, Purchase Order Maintenance, Statement Reconciliation, Chart of Accounts, Periodic Processes, Fixed Assets, Report Management System Administration Company Infonnation Management, User Security/Settings Management, General Ledger Configuration, Task Scheduler and Reminders The license fee for each additional concurrent user shall be seven hundred fifty dollars ($750.00). The annual software maintenance fee for the Financial Management application shall be $9,000.00 or fifteen percent (15%) of the license fee. Page 41 ~~n~,"eTstvn rqorkrJ4.:K;k Version J. 0 ~~:.. 2QOO b)-I ~er;:h.nclogy Consll} tdnt~. :nc. -- ( Agenda Item No. 16E7 December 14,2004 16C:f600f66 SCHEDULE F Project Schedule The IMSoffech Licensed Programs will be implemented in two phases. The two phases are defined as follows: Phase I - Utility Billing and System Administration Phase 11- Technical Services Event Date r- 1. Partial Completion of Customer Questionnaire 20 days after execution of the Must be complete prior to pre-training Agreement 2. Installation of standard Licensed Programs 30 days after execution of the (all hardware and system software must be Agreement in place) 3. Completion of System Administration Training 15 days after installation of the standard Licensed Programs 4. Completion of Pre-Training the 15 days after installation of standard Licensed Programs 5. Completion of Customer Questionnaire of 20 days after completion Pre-Training 6. Delivery of Modification Design 60 days after completion of Pre- Training 7. Acceptance of Modification Design 45 days after delivery of Modification Design 8. Completion of Data Migration Woli<book the 60 days after execution of Agreement r Page 42 C':;l1"·~rsi(..1':. 'ilfr.;;rkbor.;k VersiQ11 :1.,0 1[:,.' ;~r.H.ì0 b:/ '1~~(!h.ncl~g~J ccr..$lIl t.ðnt1:! , Tnt.:. "--. ----'--- Agenda Item No. 16E7 December 14, 2004 16C~610f66 9. Delivery of Conversion Design of 20 days after completion 10. Approval of Conversion Design Data Migration Wor1<book 15 days after delivery of Conversion Design 11. Completion of Test Conversion 60 days after approval of Conversion Design 12. Installation of Phase I Application Software of 150 days after completion 13. Begin Phase I Acceptance Testing (including Cler1<'s Financial Management interface acceptance testing) Pre-Training 7 days after Completion of Phase I Training Page 43 CÖlnre"rsì('Jl1 ';Iiorkbook Vers1¢11 1..0 t,t; ;~ooc 07 rre~hl\oJ.Ö1.3'~'" (.'Cr~~ui. t.an.t"CI, TI\~. (- l SCHEDULE F Project Schedule Event 14. Phase I Acceptance of 15. Completion of Final Conversion Live 16. Phase I Live Processing (- 17. Installation of Phase II Application Software Agreement 18. Completion of Phase II Training 19. Perform Phase II Acceptance Testing 20. Phase II Acceptance of 21. Phase II Live Processing Acceptance r Agenda Item No. 16E7 December 14, 2004 16C:J 62 of 66 Date 60 days after Completion Phase I Training 10 days prior to Phase I 30 days after completion of Phase I Acceptance 30 days after execution of the 90 days after Phase I Live 7 days after Completion of Phase II Training 45 days after Completion Phase II Training 45 days after Phase II Page 44 ~?t1""'·e-rs:i:.Jn WfJrkDQt..Jk. 'Jt:::'rs.icn 1. 0 ~. 200t! b-y" -rgch.nclo:l'Y (.:,'onfJllJ. :'.c¡nt:.~:I.. In.~. --- ---- .- --.- . -.- ------ .-- -~. -.. Agenda Item No. 16E7 16~~ ~j ~7gi SCHEDULE G Payment Schedule Payment Date Amount Payment Date Amount Calculation Execution of Agreement $32,750.00 10% of the Total System Price Acceptance of Modification Design $49,125.00 15% of the Total System Price Acceptance of Conversion Design $11,000.00 20% of Conversion Price Installation of Phase I Software $89,363.00 30% of Phase I System Price Acceptance of Phase I Software $104,256.00 35% of Phase I System Price Completion of Data Conversion $44,000.00 80% of Conversion Price 60 days after Phase I Live $29,787.00 10% of Phase I System Price Phase II Software Acceptance $19,256.00 65% of Phase II System Price 60 days after Phase II Live $2,963.00 10% of Phase II System Price $382,500.00 * The fees for training and installation services provided by IMSofTech shall be billed to Collier County on an as used basis and at the rate defined in Schedule F. Implementation Services. After IMSofTech completes a training session or Page 45 Con-.....-=:rsio.n Work.l:>cxJIf. ':Jt:~~$.içn :L. Ü '.(. 20C0 by T~r.:~~1.cl")qy (::<::osul t..a,nt.:9. I.n.c ~ (" Agenda Item No. 16E7 16ë~ ~~ ~?~ completes the installation of the Licensed PrOgrams, IMSofTech will provide Collier County with an invoice for the amount of training or installation services provided. r- r Page 46 (".Qn~r=r¡¡;5.I~n ';.¡'(.¡,rkbç~k V~ t"&l(,;n 1.Íi \\:.' 2000 bt T~~..:h.l\oJ.ogy (.':cn~1l1t.a...'1.ts_, Inc. "- Agenda Item No. 16E7 December 14, 2004 16C:1650f66 SCHEDULE H Implementation Services Training IMSofrech Pre-Training 5 days @ $1,300.00 per day $6,500.00 IMSofrech Administration Training 2 days @ $1,300.00 per day $2,600.00 IMSofTech System End User Training 23 days @ $1,300.00 per day $29,900.00 Installation. SetuD. On-Site Assistance and Data Conversion I nstallation, setup and on-site assistance 30 days @ $1,300.00 per day $39,000.00 $55,000.00 $133,000.00 Data Conversion Total Cost of Services Note: 1. On-site fees shown above are exclusive of expenses. Any expenses incurred by IMSofTech while providing implementation services to Collier County must be billed to Collier County as defined in Section 10.0 of this Agreement page 47 Cr.,:;1,¡Ver¡;iOl1 Workbook Vf:r3i~ 1..0 ~~; ::0{.H) by 'T.'eof'~h...'"1cJc.3''J.~ CCr'~gultð.nt$. T::..c. Agenda Item No. 16E7 December 14, 2004 16é3660f66 SCHEDULE I IMSofTech's Response to the Collier County Request For Proposal Page 48 Con·.....erñi(.;rï W('¡rft.book t,..rers.iOJ1 1., Ü '..í;;- ZCOO }:..:)' Technclc-:r¥ C'cll:'3ul t.¿ '\t.s, '!oc. .~ .,-'" EXECUTIVE SUMMARY Agenda Item No. 16E8 December 14, 2004 Page 1 of 3 Recommendation to award Bid No. 05-3746, Temporary Clerical Services. (Estimated dollar amount of $100,000) OBJECTIVE: To award Bid No. 05-3746 for Temporary Clerical Services. (Estimated dollar amount of $100,000.) CONSIDERATION: The Purchasing Department is responsible for placing blanket, as- needed contracts for countywide use. This contract can be used by any county department to cover employee vacations, sick leave or for temporary needs. On October 28, 2004, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to twenty-eight (28) firms who provide these services. On November 10, 2004, bids from two (2) firms were opened. A bid tabulation sheet is attached for review. Staff has reviewed the bids and recommends award to Manpower Temporary Services, Inc. as primary vendor, and Kelly Services, Inc., as secondary vendor. ,-' FISCAL IMPACT: Funds are budgeted in the user departments' cost centers for the annual amount of their usage. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid No. 05- 3746 for Temporary Clerical Services to Manpower Temporary Services, Inc. as primary vendor, and Kelly Services, Inc., as secondary vendor. Precared bv: Scott D. Johnson, Purchasing Agent ,,""""'-" Agenda Item No. 16E8 December 14, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E8 That the Board of County Commissioners award Bid No 05-3746 for Temporary Clerical Services to Manpower Temporary Services, Inc as primary vendor, and Kelly Services, Inc" as secondary vendor. Meeting Date 12/14/2004900:00 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 1211/20043:02 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1212/20047:42 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1212/2004 10:09 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12/2/2004 10:09 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/6/20048:39 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/6/2004 8:44 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/200410:34 AM Approved By James V. 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B .- .- ¡:Q 13 ... -<E u c ~·iJ ..:; t~ ¡... ~ F::: ~ ! Agenda Item No. 16812 ...-..__ I '" ~___Ir",o·.n.u'tol...n_ Agenda Item No. 16E9 December 14, 2004 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve an increase to the cost of work in the amount of $45,000 to Contract No. 04-3694, for the remodeling of the Collier County Clerk's MIS Department located on the 5th floor of the County Administration Building. OBJECTIVE: To equitably adjust the price of a previously awarded contract due to an honest mistake and enable the awarded project to proceed. CONSIDERATIONS: On July 9, 2004, the Purchasing Department sent out 202 invitations to bid for the remodeling of the Clerk's MIS office. On August 11, 2004 at 2:30 p.m., two sealed bids were opened with the following results: Surety Construction Company, Inc. $233,839.00 Bradanna, Inc................................... $329,190.00 ,_. Surety Construction Company, Inc. was the lowest, responsive bidder and was awarded the contract on September 21, 2004, Agenda Item 16.E.5 in the amount of $233,839.00. Both parties tentatively agreed to have the work commence on November 22. On November 18, the Contractor advised the project manager that pursuant to establishing the schedule of values for the contract, a scrivener's error had been detected in the cost of the electrical work. Surety Construction had secured Accent Electric Service as the electrical sub- contractor in the amount of $61,000.00, but the amount was entered as $6,100.00 in Surety's bid offer. When the proper price for the electrical work is added to the agreement, the correct (or intended) contract price would be $294,322.77, which totals as follows: Total Correct (Intended) Price: $233,839.00 $61,000.00 ($6,100.00) $549.00 $554.49 $4,480.28 $294,322.77 Original Bid Price: . Plus Corrected Electrical Price Less Incorrect Electrical Price Plus Liability Insurance Premium Plus PIP Bond Premium Contractor Profit Upon learning of the error, Staff advised the contractor not to commence work under the agreement, pending internal review. The Purchasing Department and the Office of the County Attorney have subsequently reviewed the matter and determined the following: 1. There are no applicable state or local laws precisely governing such situations. However, there are several legal cases in various states that speak to the issue of bid mistakes and how they are to be remedied. These remedies can be generally summarized as follows: . Providing no equity or relief wherein the contractor is required to peñorm the full scope of work without any adjustment in compensation. - . Providing limited equity or relief wherein the contractor is released from the contract and the contract is re-bid. In these instances, the owner mayor may not file a claim to recover against the contractor's bid bond. Agenda Item No. 16E9 December 14, 2004 Page 2 of 8 . Providing full equity or relief wherein the contractor is allowed to "reform" his bid and the contract price is corrected and adjusted to the total dollar amount the contractor would have bid, but for the mistake. 2. Based on the evidence submitted by the contractor and the lack of any evidence to the contrary, it does appear that the contractor made an honest, unilateral mistake in the calculation of their bid offer. In recognition of the inconvenience to the County resulting from their error, the contractor has agreed in good faith, to accept an increase to the total contract price in the amount of $45,000 for a revised total contract price of $278,839. This represents a 24.6% increase over the awarded price, but is $15,483.77 less than the "correct" or "intended" price. In doing so, the contractor has effectively agreed to forego compensation for all of their profit, bonding costs and insurance costs associated with the electrical work and a portion of their profit under the original contract work. The agreed upon revised price is $50,351 lower than the only other bid received previously. Having discussed all of these considerations with the contractor, the Office of County Attorney and with the Clerk of Courts, staff recommends amending the total contract price in the amount agreed upon with the contractor. This will enable the project to be started and completed much sooner than if the contract were to be re-bid. Also, given the magnitude of the dollar error, staff believes that it would be inequitable to grant no relief to the contractor in this particular instance. FISCAL IMPACT: The amount of this increase is available in the project budget. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the County's Master Space Plan. RECOMMENDATIONS: That the Board approve the increase to Contract #04-3694 in the amount of $45,000 to Surety Construction Company, Inc. resulting in an amended total contract price of $278,839. PREPARED BY: Bob Pierce, Project Manager, Facilities Management Department .- Agenda Item No. 16E9 December 14, 2004 Page 3 of 8 ,....... COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16E9 Recommendation to approve an increase to the cost of work in the amount of $45,000 to Contract No. 04-3694. for the remodeling of the Collier County Clerk's MIS Department located on the 5th fioor of the County Administration Building. 12/14/200490000 AM Item Number Item Summary Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 1216120043:22 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 121612004 3: 27 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 121712004 8:46 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12171200410:12 AM Approved By ,....... Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/71200410:53 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 121712004 12;48 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1217120042;21 PM ,- I ~ I I - --..--, -- ' ~~- NQV-18-2004 THU 05:05 PM SURETY I - -- FAX NO. 9927977 Agenda Itwn ~P7 16E9 DecemoorlJ 1f,Oj004 Page 4 of 8 . . ~Jt ~~~:~~UCTlaN CDMJ:lANV I I f ¡ I I . Novmnber 18.2004 Mr_ Bob Pierce Collier County Facilities Manaøcmem 3301 Tamiami Tr. Building W Naples, FL 34112 Rc: CoUier Cowrty Contract # 04-3694 .. Clerk's MIS Renovation BLDG. F Sda Floor" Dear Bob. Per our conversation today, please accept this lctter as clarification of our c1cctrical portion of our bid-dated August II, 2004. The bid showed $6,100.00 for eJectriçal instead oftbc correct amount, which was $61,000.00. I would like to request thai; the contract be corrected to show the $54,900.00 diffi:rence ami in addition ask that we be allowed to add on OUf Contractor Fee, PDL. and Bond Fee. Bob, 1 apologize fur this unfortuPale error, bÛ.t Pm sure you can understa.rxi the necessity ofus not starting $54,000.00 + in the hole. It is of the utmost importal:lce for us to rectify this error before we start work as scheduled Monday, November 22, 2004. Your assistance is greatly appreciated. If you have any further questions, please do not hesitatc to give me a call. Sincerely, SURETY CONSTRUCfION COMPANY J .. iL T_~&. TLKIs:rm c.c.Da1as Disney - Disocy & Associates .Architects 21141 SMn 'Q)miamiil:lil. S"'I 1011 CGG, 0i8a7D lIQnilo Springs. ~ &o1:U C¡¡C , 03157. TItIøp/1onu (2391 892~ = I 0311132 FA); (~39) 992-7977 CC./ ..:/A<-¡t!.- CÞ~~ L.t .vDI/- J ~ t!J"" I -- NOV-19-2004 FRI 03:51 PH SURETY FAX NO, 9927871 Agenda Item Nb: 1 QË9 December 14, 2004 Page 5 of 8 ( -...--""" 'IOF2 SQUARE FT AIR/CONDITIONING 4377 PER PI!R SQUARE! FT OF G"OSS AREA 4311 AlC AReA GROSS NUMBER OF UNITS , AReA CATORCOIW % ICJTAL 00) G!:N!!ML CON on rUNS 7.9S 18,000.00 4.11 4.10 '16,000.00 01) SITE CLEAR, FILL,aASI! ROCK 02} stTF. UTILITlES 03) PAVlNGIPAAKlNG 04) LANDSCNlING 05) DI::MOLITION 4.42 10,000,00 228 2.J:¿ .10.000.00 DO) PILING & MONITORING 07) SOIL TREATMENT 05) CUMPSTt:K t-i:.ES 1.33 3,000.00 0.09 0.70 ~.ODO.oa OÐ) FINAL CLEANING 0.64 1.228.00 0.28 0.28 1,226.00 1n)CONCRETE,MASONRY,REBAR '1)P~CAST 12) VINYL 60rnT 13) STRUCTURAL STEEL 14) AAILINGS 1.0'1 2.350.00 0.G4 0.60 2,300.00 ( 16) TRUSSESlSI-IEATHINO 16) CARPENTRY 1.44 3.280.00 0.74 O. Its 3.?fiìn.oo 1T) CASE;WORK 3.97 8,;90.00 2.06 2.09 8,9S0.00 18) ROOFING & SHEETMETAL 19) CAULKlN~ & sEAI..ANTS 20) BUILDING INSULATION U.Y1 2.064.00 0.47 OAB 2,064.00 21) HOLLOW METAL 2.09 4,7~e.OO 1.0ij 1.10 4,736.00 22) Ovel\HI:AD DOOKS 23) WOOD DOOrtG 1.U 2.870.00 0.66 0.67 2,870.00 24) GLAE;~ GLAZING 0.S7 1,253.00 o.ze U.30 1.283.00 ~) fllNISH HARDWARE 1.88 4,260.00 0.97 0.99 4.2ð0.OO 26) STUDS & CrtYWAlL 11.~U 25.570.0n S.84 6.g3 26,670.00 27) LATH ,q, STUCCO 2B) VOTNlNYt. !AS!: 29) CARPET 4.17 9.424.00 ?.15 2.1; 9""24.00 3U) ACOUSTICAL ~F.ILlNGS 2,Gl3 Q,024.oo 1.:11 1.54 6,624.00 31) PAINTlNO 1.99 4.500.00 1.03 1. ()04 04,500.00 3') CERAMIC TlLe.WINDOW SII...L.S 3.138 8,250.00 usa 1.91 8.250.00 ~) PLUMI:SING 1.24 2,800.00 0.804 0.85 2.800.00 34) FIRE PROTECTION 3,16 7,1/;0 no 1.63 1.86 7.150.00 HVA, 3 .DO 8. se . eU!CTRICA~ S 100.00 1.39 T a.!)Oo.OO n RO 38) f-M 200 20,020.00 5.95 39 MOD WALL RI:LOCATI; 2.600.00 0.57 :shw1f) ~ it ro l (jJJ d!, I Collier County Clel'\('s MIS RenovatJon 8-0-04.xl. l NOV-19-2004 FRI 03:57 PM SURETY FAX NO, 9927977 Agenda Item NcP. ,1 ßi4¡ December 14, 2004 Page 6 of 8 40) TOILET ACCESšõm' ~ - . - 41) FIRE EXT. · - - - 42) APPLIANCES - - - - 43) SIGNAGE - - - - 44) WALLPAPER - - - - 45) ARCHITECT - - . - 46) ASBESTOS SURVEY 0.20 450.00 0.10 0.10 450.00 47} HAZ-MAT DISPOSAL 0.29 e50.00 0.15 0.15 650.00 148) LAYOUT - · - · 49) ASBUIL T DRAWINGS - - - - 50) SITE SIGN - - - - 51) P.D.L INSURANCE 1.01 2,275.00 0.52 0.53 2,275.00 52) BUILDERS RISK · - - - 63) IMPACT FEES - · - - 54) PERMIT FEES BY OWNER 55) FIRE DEPT INSPECTION FEES - · - - 56) UTILITY CONNECTION FEES ~ - - - 57) · - - - 58) - · - · 59) · · - - 60) - - - · SUalulAL. 205,849.00 PERFORMANCE & PAYMENT BOND 1.01 2,275.00 0.52 0.53 2,275.00 CONTRACTORS FEE 8.01 18,125.00 4.14 4.20 18,125.00 GRAND TOTAL 100.00 226.249.00 51.69 52.48 226,249.00 Collier Counlv Clerk's MIS Renovation 0-9-04.)(\5 I NOV-19-2004 FRI 03:51 PM SURETY FAX NO, 9827977 Agenda Item NcP.'1~ December 14, 2004 Page 7 of 8 BUR.TV CClN.TPlUCTIQN CClMPANV I I I I r . i ~ -- Nnvtlmher 19. 2004 Mr. Linda Jackson CuIJi« CuunLY Pun~bwdD8 3301 Tanùami Tr. Bui1dÏng 0 Naples. FL 34112 Rc; Collier County Contract 1# 04-3694 " Clerk's MIS Reoovation BLDG. f 5* Floor" Dear Linda. Per your rcquœt, tho followbaa is tho brcùðo'Wn oftbo ConÞ"ootor Foe. PDt., and Bond Fee in roprd to tlté .Uàc:hed .... we 11_ to Bob Piwce y...day. Discrepancy PDL 1% Subtotal Bond 10/. S~1 Cont:matorFee8'K. Total Âmo~nt Dilcrepancy CWT1IIlt &so Bid New Base Bid Amount $ 54)900.00 549.00 $ 55,449.00 ~~4.4!J $ 56.003.49 4.480.28 S 60,483.77 < "- $226,,249.00 $286,732.77 Add AhâUll1C Oues (Add MovaWc W.II I Duur) $7,590.00 Now Sase Bid Amount with Altcmatc One 1294,,322.77 Your ISsis1ancc is arcatlY appreciated. If you havo any further questions.. please do not hesitam to live me a call SiucereJy, SURJ:TY CONSTRUCfJON COMPANY ~~/ OW/snn C:.c:. Dob Picrœ, Collier County Facilities Managemcnt DaJ.. Disney, DiIIney " AallOCiates .Architects zo.¡U 50l1li1 'llllNllm1 "'1\11, $1/1\. lUll I.:W , U<IIIII/D 11Ion.. Sptin9l, Florida a. 1:14 CGlC . O:I1S?1 '0ICIf'I'0I'Ie (ØoII _o<N:III cue ~ 031. IW: (t3! ) OR·>aTT ---~--------- ----------------_.._-~--- --- ------ NOV-19-2004 FRI 03:57 PM SURETV FAX NO. 9927977 Agenda Item Ncf. t 6~ December 14, 2004 Page 8 of 8 R.Lg. 11 2BB4 1119: ~ Pi ~ I ACœiT a.ec ~ICI!! CF ~ .-..oE 1'fJ. : 941 &qJ '( r.>..s f)ì'~' ?J?JOO ERVICE OF NAPLES. INC. ~ 1iI__~Co. ....1 80. "-lull Tr. lit. JOIJ BoaII& Spdnø. IlL 34134 .... G.oIwe w..... ~ IA. 2AIM II&: a.&aIt 0.. '11D 00UItT ~~ ........ is our pI'CIpOMl tbr BIearricII Wø* an the IIhova ~ prqjecE - VUIUMd baJøw. ~ O"1IIInD1t' · ~- ißc1uded ~ tD drawin&.... hat.,..~ by DISNEY 4A: ABBOCIA'I'U, AlA. DIIDd 06.04M ...... n'oo1I:'7. · IJtM fIxDII'eI ......... . per ,... mdIar .............. · ~ pvww-~ ar.................. edodMr.,..re _. E&X'Z1t.A · T~TVI IWa Glldatw'''''-tnlttdnhbecl ant lit .....~.d .1S IOGIdiøIt · ~~. · Ud&)' _ (III'L ..a U'I'S ) · ,....It.,.. · ~ · 'Ph JIIOdaa · CaDcIn:iID wœtr: (new or aIIIIQr 1114 P'"-~ · . !'IN AIMm ~, 1"aañtt. ~ PIaoI ....... OGIIII'IÜ _ ~ · ...............- or......... by -......... ...~~.. ...-.m_ · 1IWd......... ~ bJt IIdIary peff "-I · u~ )InIIIGUaD · 1!QIwIIt...."fIIDIIIIø by !tv AC CoIIII'K1OI ~ .. JIdc:- ....... eHve deIeriIIed -.It ia : S ø .... Aft ~ hl\........ ~(!..7 { / IlfJi> ~,SI!O ?~r e~ ~:I.... #' ,~.~J?"-Q-""I USeð "1000 Naple.. Aorida 94104· (94') 6<$3-2253 Fmc s.43 7753 I Agenda Item No. 16F1 Decennber14,2004 Page 1 of 7 ,- EXECUTIVE SUMMARY Recommendation to Approve the Award of Bid #05-3744, Hideaway Beach Jetty and T- Groin Construction, to Marine Contracting Group, Inc., in the amount of 52,140,880 and authorize a 5180,000 time and materials engineering services work order with Humiston & Moore Engineers for construction observations and monitoring, Hideaway Beach Renourishment, project 90502 OBJECTIVE: To obtain Board of County Commissioners approval to award a constmction contract to Marine Contracting Group, Inc., in the Amount of $2,140,880 and authorize a $180,000 time and materials engineering services work order with Humiston & Moore Engineers for constmction observations and monitoring for the Hideaway Beach Renourishment project. CONSIDERATIONS: On September 11, 2001, Agenda Item 16.C.13, the Board approved Hideaway Beach Renourishment design and pennitting engineering with a budget of $335,500. On March 25, 2003, Agenda Item 10 K, the Board approved a budget amendment in the amount of $165,500 bringing the total budget to $501,000 for design and pennitting efforts up through responding to an FDEP Request for Additional Information # 1. ,¡~- On April 13, 2004, Agenda Item 10 C, the Board directed that: 1. The completion of design and permitting efforts be funded with Tourist Tax funds. 2. All future construction costs and engineering costs directly related to the construction be cost-shared - with the use of Tourist Taxes for the removal of the existing temporary T -groins and the constmction of the permanent T -groin structures, and other funds for the placement of sand. Specifically, the Board approved a $4,457,000 funding plan for the constmction of this project. Tourist Development Taxes will fund $2,488,000 for the constmction of stmctures, and the City of Marco Island will fund $1,969,000 for the placement of sand. On June 8,2004, agenda item 16.C.11, the Board approved a budget amendment of $35,000 for the preparation of plans, specifications, bid documents, a bid schedule, and a construction cost estimate for two different bids - sand placement and structures (T -groins and jetty) construction. On August 31, 2004, the Hideaway Beach Association voted to fund the sand placement portion of the major renourishment. On September 21, 2004, agenda item 16.F.4, the Board approved an interlocal agreement with the City of Marco Island as outlined in the Board's direction of April 13, 2004. On September 28,2004, agenda item 16.C.3, the Board approved a $92,000 budget amendment for additional responses to permitting agencies. On October 26, 2004, agenda item 10.D, the Board approved a $648,775 budget amendment to allow for the award of Bid #04-3667, Hideaway Beach Renourishment to Weeks Marine, Inc. in the amount of $2,482,775. This phase of the project is being reimbursed by the City of Marco Island. ",-- Agenda Item No. 16F1 December 14, 2004 Page 2 of 7 The FY 2005 budget includes $2,488,000 related to this phase of the project of which $167,500 is for engineering services and $2,320,500 is for the construction contract. Five bids were received on November 18, 2004 as follows: Marine Contracting Group, Inc. Naples Construction Services, Inc. Kelly Brothers, Inc. Jay Cashman, Inc. Shoreline Foundation, Inc. $2,140,880 $2,560,400 $2,674,025 $3,637,325 $4,932,605 The Florida Department of Environmental Protection (FDEP) accepted the pennit application as complete on August 25, 2004. FDEP's processing rules require that a 'notice of intent to issue a permit' be published within 90 days (November 29th) and that a permit be issued within thirty days of that notice (December 2200). The engineering consultant is attempting to expedite this process as it could take over a month for a contractor to mobilize and work must be complete before the beginning of turtle season (May 1, 2005). On November 10, 2004 the Coastal Advisory Committee recommended approval of a $180,000 engineering services work order with Humiston & Moore Engineers. On November 22,2004, the Tourist Development Council recommended award ofa $2,140,800 construction contract to Marine Contracting Group, Inc. and approval of a $180,000 engineering services work order with Humiston & Moore Engineers. On December 9, 2004, the Coastal Advisory Committee recommended award of a $2,140,800 construction contract to Marine Contracting Group, Inc. FISCAL IMPACT: The source of funds is Tourist Taxes and the City of Marco Island will cost-share the engineering services per the interlocal agreement approved by the Board on September 21, 2004. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners 1) approve the award of Bid #05-3744, Hideaway Beach Jetty and T -Groin Construction, to Marine Contracting Group, Inc. in the amount of $2,140,880, 2) authorize the chainnan to execute the standard construction agreement with Marine Contracting Group, Inc., and 3) authorize the Tourism Director to execute a $180,000 engineering services work order with Humiston & Moore Engineers for construction observations and monitoring. PREPARED BY: Ron Hovell, P.E., Coastal Projects Manager .,- Agenda Item No, 16F1 December 14, 2004 Page 3 of7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16F1 Recommendation to Approve the Award of Bid #05-3744, Hideaway Beach Jetty and T-Groin Construction, to Marine Contracting Group, Inc" in the Amount of $2,140,880 and authorize a $180,000 time and materials engineering services work order with Humiston & Moore Engineers for construction observations and monitoring, Hideaway Beach Renourishment, Project 90502, 12/14120049:00:00 AM Item Number Item Summary Prepared By Date Ron Hovell Principal Project Manager 11/24120044:37:24 PM Administrative Services Facilities Management Approved By Ron Hovell Principal Project Manager Date Administrative Servic.es Facilities Management 11129120049:41 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 11/29120049:52 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 11129/2004 1,09 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 11/301200411:00 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/2/200411:46 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/200412;45 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 1 ;08 PM Approved By James V. Mudd County Manager Date Board 01 County CDmmÎssioners County Manager's Office 12/7/200412:25 PM HUMISTON & MOORE ENGINEERS Agenda Item No. 16F1 December 14, 2004 Page 4 of? COASTAL ENGINEERING DESIGN AND PERMITTING 5679 STRAND COURT NAPLES, FLORIDA 34110 FAX239 594 2025 PHONE: 2395942021 November 1, 2004 Mr. Ron Hovell, P.E. Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Re: Hideaway Beach Nourishment and T -groin Construction, Construction Observations Proposal, H&M File No. 12028 Dear Ron: We propose to provide Construction Phase Engineering Services for the referenced project. The scope of services and estimated costs are as follows: Additional Services (Time and Materials) Task I - Construction Phase Engineering Services including daily on-site construction observations of up to 8 hours per day (including travel time) and assuming a construction period of 150 days, plus periodic site visits by professional staff. Activities will include weekly progress meetings with the Contractor, quantity computations, review Contractor daily reports and environmental monitoring, coordination with County staff, and review of Contractor payment requests. Estimated cost............................. $180,000 We anticipate the dredging contractor will operate 24 hours per day. If you would like us to provide construction observations during additional hours of construction activity beyond the scope listed above, please let me know and we will provide a revised proposal. Sincerely yours, HUMISTON & MOORE ENGINEERS K~ ¿I~~ Kenneth K. 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'6' S ... 11:1 Il.CI c '2 ~ I- -g 11:1 ¡ ., '5 ~ æ ~ CD aJ f ~ æ E '0 ID ;E. ~ . -c 2 ; .2 .. ~g~ u).þCl o~s :2811:1 CD CI 8 8 8 8 8 I 0 0 0 0 0 0 0 0 8 0 0 0 0 0 c Ò ~ Ñ Ñ fð 11:1 ..... N N > > » > >¡ E w w w w .c: 11) , I 11:1 ì I 0 I ~ ¡ 0 0 0 0 0 I , I 0 0 0 0 0 , ¡ 0 g g g g ...: 8 0 0 0 0 § M Ñ IÔ It) ,.... w ..... ..... ..... N > > > » !> w W w w 0 I ID , C , ! 'c 11:1 I ::i: 0 8 !~ 8 8 I 0 I 0 0 0 Lrl i 0 0 0 N I I I N!CO '0 0 0 I ~'.;i IÑ N- ~ I I I ~ ..... ..... ¡o > » » I> w W N- CD W , ~ ã'i I ~ I 0 0 0 0 0 I 0 0 0 q 0 , § g g Lrl I c 8 ~ ¡ ::J 0 0 0 i ¡ 0 ø ~ N· Ñ Ñ , u. w ,... ,... C") > > > > > > .~ w w w C) ;i e I 0 I I .c: en ! 8'8 8 0 0 ¡ i ; 0 0 I 010 0 0 0 I 00 0 0 0 .... co N ,Ill 10_ 'It. 11) ì ~l~ I~ N 0 C ww w t8 > >,> > > i> 0 0 Ñ , ] 11) w .9! a. 11:1 2 ~ ~ Cñ ~J2 ¿ -aI 0:: ¡¡; - ~I W ~ 8 11) CI ¡ 0 ~i CI 0 ~ 0 m I - ~ ~:;æ ! ë c ! u. ::> I- ::> 0 J ~ W Z (/ w ~~ E. I 0:: Ow j ::> 1-- j I- 00:: ~ ~~ C> ]j 11) ~ ¡ ~ J u. !Z~ ~ ..: I I~ ou. ~ ~ 11 ~ '~ 00 Õ CD I- u. ftI ~ c ::>2 « c 0 ~ enw en CI E ... S "" u.::i: :J: z ::J i.. 11:1 e 0:: 0 0 '0 '(/ :;æ CI ~ w OW 2 CD !6 'Ë [ßi ~ , ~ I-~ W :é :g æ CI '0 ~ enl- 0:: ~ I aI 2 0:: ::i: ::::ïen I- m , « 3: 'Ë iå I 0 ..... ~Q) ..... ..... «:é 3: ! I I N Õ N Q) C) Æ Agenda Item No. 16F2 December 14, 2004 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to Approve Work Order Amendment #1 to TE-FT-03-02 with Taylor Engineering for additional design/permitting efforts for Marco South Beach Renourishment, project 90500, in the amount of $36,610 OBJECTIVE: To obtain Board of County Commissioners approval to amend Work Order TE- FT-03-02 for additional design/permitting efforts for Marco South Beach Renourishment in the amount of$36,61 O. CONSIDERATIONS: On September 11, 2001, agenda item 16.C.13, the Board of County Commissioners approved an initial budget of $335,000 for dredging Caxambas Pass and placing the sand on Marco South Beach. On January 8, 2002, an engineering services work order was issued to Taylor Engineering for monitoring the Marco Island coastal area including Caxambas Pass and Marco South Beach. On October 13, 2003, agenda item 16.C.17, the Board of County Commissioners approved the submission of a grant application for and resolution in support of a Florida Department of Environmental Protection (FDEP) grant to contribute to the renourishment of Marco Island South Beach. .,........... On January 13, 2004, agenda item l6.C.3, the Board of County Commissioners approved an engineering services work order with Taylor Engineering for design and permitting related to the Marco South Beach Renourishment project in the amount of $205,516.60. On July 13, 2004, the City of Marco Island signed the permit application prepared by Taylor Engineering and submitted it to FDEP. On August 20, 2004, FDEP sent a letter indicating that more information is needed in order to process the permit application. Taylor Engineering submitted an engineering services work order amendment on October 21, 2004 in the amount of $36,610 to cover a magnetic anomaly investigation, preparation of a federal permit extension request, preparation of a legal description for the borrow area and a seagrass survey. On November 10, 2004 the CAC recommended approval of the additional $36,610 for design and permitting efforts and on November 22, 2004, the Tourist Development Council also recommended approval. FISCAL IMPACT: The source of funds is Tourist Taxes and funds are available in the project budget. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. /- Agenda Item No. 16F2 December 14, 2004 Page 2 of 8 RECOMMENDATION: That the Board of County Commissioners authorize the Tourism Director to execute an engineering services work order amendment with Taylor Engineering in the amount of$36,610. PREPARED BY: Ron Hovell, P.E., Coastal Projects Manager .~...,~, ..- Agenda Item No. 16F2 December 14, 2004 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16F2 Recommendation to Approve Work Order Amendment #1 to TE-FT-03-02 with Tayior Engineering for additional design/permitting efforts for Marco South Beach Renourishment. project 90500, in the amount of $36.610 12/14/2004900:00 AM Item Number Item Summary Prepared By Date Ron Hovel! Principal Project Manager 11/24120042:17:30 PM Administrative Services Facilit.ie-s Management Approved By Ron Hovell Principal Project Manager Date Administrative Services Facilities Management 11/29/20049:43 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 11129120049:53 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12121200412:50 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12/3120042:53 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1216/2004 4: 18 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1211/200412:18 PM N'<;tCO lJ..0_ (,000 ....-N'<;t o '<;t- 0> Z""- OJ ...(1) Eo>e.. 0>.D ==E roO> 1:)(,) c:Q) ( )O OJ « 0- o >- u.. . 00 o .~ ~ ~ t " o >- u.. CD .~ ~ ~ 1¡~¡1;jJ .... C Q) E ..s:: en '¡: :::::s o c Q) a:: ..s:: Co) m Q) m ..s:: .... :::::s o CJ) "C C m - en - o Co) ~ m ::E o o Lt) o en II) o o N II) o >- u.. . I:'jj~ 1,-' ...... o o N , '" : . .,' ., - fI o U I- Z W > : W 8' C'? .. - o ~1 ã! .... .. 5 ~ - a. C'? '- - a N .. 5 .... '-, 5' ~ 5 ~ - o N '- - o .... '- 5 ~ 5 ~I N, '-I 5' .... .. 5 'lit .. 5....... C'? .. - o N '- -: 0, .... '- 5 o o o Ò o M tit .~ E I- QI CI. ....... C CI ¡¡; GJ Q ¡ J r I ! I : H-' .' I '.' I : o o o Ò o ~ ..... tit , .... u ra l- I.... \l- e c 0 e ° 0 0 __ U CI __ t CI .: t ~ C I- ~ Ži -51 .s Ži III "0 'I -- III eQl Cc o I- I ~ ° UQ 'U I, I o o o Ò o ..... tit e o :¡:¡ u ~ I- ....CI III e C __ o I- UO I~ .... e III 0 g,~ . . . o o o Ò II) ..... tit <,' , I ¡ ! , , '.,' r. u III ÆI- r. - ::¡ ~i- 0' U ,.., _æ_ :IE .. o - ~I- o :t: II) ClI-- c: EI :'Ë¡~ êii Q. C '." I-- .!2'- u II) 'C o o q o II) CD ~- ,.S! :~ ''C 'C- III .. .E CI- c: '': II) II) . ". I-- c: I-- '51 c: w .. I-- '0 >. III I- r.1-- -I "~I (\I' '91-- M o ~ ,. f-- U. f-- !W II- o -1-= 1.....10 ,~!~ ¡¡I~ E ¡tit "C'~ c: 0 11)- E § < 0 .. E II) III I"E QI or. i-t:'~ o .- 3: 0- o 11)11) >0 oa> ..- Q.u Q. .~ < 15 1.9 C. I c: -- o c: I:; ~ 'Cr. ¡¡ .~ IE ::¡ E 0 o c: u II) 11)0:: 0:: .... tit - ra .... ° I- .... U GJ .... o I- CI. Agenda Item No. 16F2 December 14, 2004 Page 1 Page 5 of 8 TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK C2004-013: SOUTH MARCO ISLAND BEACH RENOURISHMENT PROJECT ADDITIONAL WORK TASK 1: Investigation of Magnetic Anomaly Labor Days Cost Task Totals Project Manager 0.500 412.00 Senior Engineer 0.250 206.00 Engineer I 0.250 144.00 Adm inistrative 0.250 102.00 Clerical 0.250 82.00 Total Man-Days 1.500 Labor Cost 946.00 Non-Labor Units Cost Subcontract diver observation 1.0 6,750.00 Total Non-Labor Cost 6,750.00 Total Task 1 7,696.00 TASK 2: USACE Permit Modification Labor Days Cost Task Totals Senior Engineer 2.500 2,060.00 Engineer II 2.500 1,640.00 Total Man-Days 5.000 Labor Cost 3,700.00 Tota/ Task 2 3,700.00 TASK 3: Borrow Area Legal Description Labor Days Cost Task Totals Project Manager 0.500 412.00 Engineer II 0.500 328.00 Total Man-Days 1.000 Labor Cost 740.00 Non-Labor Units Cost Subcontract legal description 1.0 750.00 Total Non-Labor Cost 750.00 Total Task 3 $ 1,490.00 TASK 4: Seagrass Survey Labor Days Cost Task Totals Project Manager 0.500 412.00 Engineer II 0.500 328.00 Administrative 0.250 102.00 Page 2 C2004-013: SOUTH MARCO ISLAND BEACH RENOURISHMENT PROJECT ADDITIONAL WORK Clerical 0.250 82.00 Total Man-Days Labor Cost 1.500 924.00 Non-Labor Subcontrract sea grass survey Total Non-Labor Cost Units 1.0 Cost 22,800.00 22,800.00 Tota/ Task 4 $ 23,724.00 Project Total $ 36,610.00 Agenda Item No. 16F2 Decernber14,2004 Page 6 of 8 Agenda Item No, 16F2 December 14, 2004 Page 7 of 8 October 21,2004 Mr. Ron Hovell Public Utilities Engineering Department 3301 East Tamiami Trail, Bldg. 'R' Naples, FL 34112 RE: Design and Pennitting Services for the South Marco Island Beach Renourishment Project Dear Mr. Hovell, The actual scope of work of the design and pemritting process of the South Marco Island Beach Renourishment Project has changed ftom the anticipated scope of work documented in the Taylor Engineering proposal dated January 7, 2004. Specifically, the variances between the anticipated and actual scopes of work include the following: 1. Since the 2005 proposed borrow area falls within the combined boundary of the 1991 and 1997 borrow areas, we expected that the magnetometer and side scan surveys would not identify any magnetic anomalies and, therefore, that diver verification of the magnetometer and side scan data would not be required. However, the recent surveys identified one anomaly that must be investigated The estimated cost for completing this task is $7,696.00. 2. With the understanding that the project would be constructed during winter 2004/2005, we assumed that no new Department of Army permit would be required However, with the county's decision to postpone the project until winter 2005/2006, we have been required to coordinate with the U.S. Army Corp of Engineers to obtain a minor modification to the existing pennit to allow a one-year extension of the pennit's expiration date (the existing Department of Army pennit expires on March 1, 2005). Though the full scope of this effort is somewhat uncertain, ongoing interaction with the USACE suggests that obtaining a minor modification should not consume significant resources. With this understanding, we estimate the total cost for performing this task is $3,700.00. 3. The JCP application requires a legal description of the borrow area. We did not include this in the actual scope of work. The total cost for performing this task is $1,490.00. 4. The FDEP requested a seagrass survey in the vicinity of the borrow area within Caxambas Pass. We did not include this in the originally anticipated scope of work. We will subcontract Marine Resources, Inc. to perform this task at a total cost of $23,724.00. In light of the above variances between the anticipated and actual scopes of work, we respectfully request additional monies in the amount of $36,610.00 to complete the above project tasks. Similar to the conditions of the original contract, we propose to perform these services on a time and materials basis for a fee not to exceed $36,610.00. Please feel ftee to contact me in case of questions or comments. Agenda Item No. 16F2 December 14,2004 Page 8 of 8 Sincerely, Michael Trudnak, P .E. Project Engineer :ljg Agenda Item No. 16F3 November 12, 2004 Page 1 of 11 - EXECUTIVE SUMMARY Recommendation to approve an engineering services work order with Coastal Planning & Engineering, Inc., under contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, for designing and permitting an artificial reef and for completing requirements established by the U.S. Minerals Management Service for a borrow area lease, in an amount not to exceed $153,160 OBJECTIVE: To obtain Board of County Commissioners approval of a time and materials engineering services work order with Coastal Planning & Engineering, Inc. (CP&E) for designing an artificial reef and for completing additional requirements for a lease agreement with the U.S. Minerals Management Service, in an amount not to exceed $153,160. ,.-- CONSIDERATIONS: The major beach renourishment project for Vanderbilt, Pelican Bay, Park Shore and Naples beaches is currently scheduled for construction during the winter of 2005/6. The environmental permit applications to the Florida Department of Environmental Protection (FDEP) and the U.S. Anny Corps of Engineers were submitted over a year ago and FDEP has accepted that application complete as of October 25, 2004 based on a number of responses to requests for additional infonnation. A number of items must be completed before permits win be issued or before construction will be authorized to begin. One of those is a public hearing for extending the Erosion Control Line on Pelican Bay and Park Shore beaches and this is tentatively scheduled for February 10, 2005. One of the last major issues with FDEP relates to the methodology to predict environmental impacts to nearshore hardbottom and the subsequent requirement for mitigation. The current approach by FDEP will require just over an acre of artificial reef construction in advance of construction of the renourishment project. CP&E has submitted an engineering services proposal to design and permit an artificial reef site, as wen as to complete additional req1Ùrements from the U.S. Minerals Management Service for a borrow area lease, in the amount of $153, 160. The initial reef construction estimate is approximately $1,000,000. On November 10, 2004, the Coastal Advisory Committee (CAe) recommended approval of the $153,160 work order proposal subject to additional discussions with FDEP. The CAC chairman has sought the involvement of Rep. Good1ette and discussions are tentatively scheduled for the week of 6 December. On November 22, 2004, the Tourist Development Council also recommended approval of the $153,160 work order proposal subject to additional discussions. FISCAL IMPACT: The source of funds is Tourist Taxes and funds are available in the project budget. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. ,,-- ",. .., .,'.....,."';""..",."'~i...~~..~,·~~.·" -- ~ ,,-.. Agenda Item No. 16F3 Novennber12,2004 Page 2 of 11 RECOMMENDATION: That the Board of County Commissioners 1) approve a time and materials engineering services work order with Coastal Planning & Engineering, Inc. for designing an artificial reef and for completing additional requirements for a lease agreement with the U.S. Minerals Management Service, in an amount not to exceed $153,160, and 2) authorize the Tourism Director to conclude negotiations, subject to the outcome of discussions with FDEP and the CAC chainnan, and execute an engineering services work order with Coastal Planning & Engineering up to the amount of$153,160. PREPARED BY: Ron Hoven, P.E., Coastal Projects Manager Agenda Item No, 16F3 November 12. 2004 Page :3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F3 Meeting Date Recommendation to approve an engineering services work order with Coastal Planning & Engineering. Inc" under contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, for designing and permittll1g an artificial reef and for completing requirements established by the U,S Minerals Management Service for a borrow area lease. in an amount not to exceed $153,160. 12114/2004900:00 AM Prepared By Date Ron Hovel! Principal Project Manager 11129120045:02:13 PM Administratíve ServÎces Facilities Management Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 11/30/200412:57 PM Approved By Steve Camel! Purchasing/General Svcs Director Date Administratíve Servíces Purchasing 11/30/20043:04 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 12/1/2004 8:57 PM Approved By Ron Hovel! Principal Project Manager Date Administrative Services Facilities Management 12121200410:12 AM Approved By OMB Coordinator Adminìstrative Assìst.ant Date County Manager's Office Office of Management & Budget 12/212004 12:42 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/200412:55 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6120044:15 PM Approved By James V. Mudd County Manager Date Board of County Commíssjoners County Manager's Office 1217120042:02 PM (")..q.... LL.O....... CDO_ ....NO ON-..q Z..-(l) ....OJ E(l)ro (l)..oQ.. ::E ro(l) -0> cO (l)Z OJ « ..~ ~I :'" , ',' :'". "" c:? < co ã ,~ 0 I- tf i 0 ~ N . I le:~i ã ';;, wI- .... .5 I! ... CD ã 'I c <,< .2 i - .i..)(;, '! I rn ã ::) .. : '"., .' '" :., ¡,., "', , - Ii - 8 III. to- ê 0 ~ ! 0 f- N ~ I . J ..... ã .!! 0 IL I - >- .... I ... ... .. ã .... N J!I ., ¡ - 8 J i ! .... .. '"., ... 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CD N en +,u t;GJ +'t; GJ E UJr¡: E 1: III an '¡¡ c u 'ë c t;cftS õ' c c- J · Q GJ 01:: o.!!! o 0 ,f~f .. c7.I :E en Q uet UA. zU Do Agenda Item No. 16F3 November 12, 2004 Page 5 of 11 COLLIER COUNTY BEACH RENOURISHMENT PROJECT MITIGATION ARTIFICIAL REEF DESIGN, ENVIRONMENTAL AND ENGINEERING SERVICES SCOPE OF PROFESSIONAL SERVICES Introduction: This scope addresses the tasks necessary to bring the artificial reef project to construction. The tasks needed to complete the pennits are also included, since they are necessary to build both the artificial reef and the renourishment project. The fee for this scope of work is time and materials not to exceed the amount of each task order issued by the County. A. FDEP Coordination and Reef Monitoring Plan Modification: The pennit and biological monitoring plan need to address both the beach renourishment and Doctors Pass monitoring and mitigation, as agreed to by FDEP and the County. The new Doctors Pass dredge disposal site will require a change in a proposed artificial reef location. Reef monitoring sites need to be increased near Doctors Pass. The conditions for future mitigation described in FDEP's October 21, 2004 memorandum must be clarified before development of the final Environmental Monitoring and Mitigation Plan and permit. This coordination will be undertaken prior to the field investigation. Discussions will be undertaken to negotiate conditions acceptable to both the County and FDEP, prior to performance of field operations and final plan development. B. Lidar Survey Data Contouring: a. A Lidar survey was taken of the Collier County nearshore area during May 2004 by the COIpS of Engineers under a contract that included our proposed sub-contractor Fugro. Fugro can take the Lidar XYZ data and produce contour of the bottom, which will support design and monitoring of the artificial reef project. The contour area extends from Vanderbilt Beach to Naples Beach (R-21 to R-79) along with adjacent project monitoring areas. The offshore boundary is at the Lidar penetration depth in the Gulf, which is visibility dependent. b. The Lidar data can be analyzed for the reflectivity characteristics. This type of information can theoretically be correlated to different types of marine habitat, such as hard, sandy, mixed or vegetated bottom. This infonnation can assist in providing a characterization of the existing conditions, which can be used as a basis for future evaluation of project affects. The results of the Fugro work will be integrated into the project Geographic Infonnation System (GIS), which will be cross-referenced with the habitat characterization documented by CPE in 2003. The contour and significant marine resources 2005 Collier County Renourishment Project Proposal for Mitigation Artificial Reef Design and Environmental Services November IS, 2004 Page 2 Agenda Item No. 16F3 November 12, 2004 Page 6 of 11 map resulting rrom this activity will assist with the reef and final project design, and subsequent impact assessment. The results should be considered experimental for both the technology and the local site conditions, which may impact the adequacy of the data. The reflectivity phase of the sub-contractors work may not be implemented, if the data proves to be inadequate. If inadequate, the funds will be used to conduct a bathymetric survey of the candidate sites using conventional fathometer survey means. C. Site Selection and Diver Field Investigation: Based on the results of Item A above, two candidate sites with a combined area of 4 to 5 acres will be selected for field investigation. The selected sites are larger that the expected 1.09 acre mitigation requirement, so that sufficient suitable acreage will be available for final design and implementation. The diver investigation will require probing of the bottom to document regions with a good natural foundation for the constructed mitigation artificial reef In addition, sufficient buffers must be established between existing marine resources and hardbottom in the project area, and the mitigation site. Depths will be determined using the results of the Lidar survey from Item B above and confirmed during the field investigation. The sites will be documented with video/photography and positions fixed using DGPS system. A field investigation report will be prepared describing the results and identifying those sites best suited for mitigation reef construction. Four hardcopies and two electronic copies will be provided to the County and two copies of each to FDEP. FDEP and the County will be consulted and invited to accompany CPE researchers during the investigations. D. Design, QA/QC Plan Development and Resource Protection Plan: a. The constructed artificial reef will be designed to resist excessive movement under design storm conditions and settlement at the candidate sites. The proposed reef will be constructed using limestone boulders sized to resist sliding and overturning under the design storm wave conditions. Rocks placed on a thin sandy bottom over the hard substrate will resist settlement below the design condition. Individual rocks will be positioned to provide a habitat of approximately 1.09 acres. In the event that coordination with Doctors Pass project requires expansion of the mitigation site(s), the modification should be feasible at the candidate sites. b. A QC/QA plan will be developed to implement the reef plan using a combination of Collier County and CPE personal. The plan will include procedures to protect existing natural resources and document the constructed reef. A vessel and equipment operation plan will provide operating guidance to preserve and protect against impacts to adjacent hardbottom resources. 2005 Collier County Renourishment Project Proposal for Mitigation Artificial Reef Design and Environmental Services November 15, 2004 Page 3 Agenda Item No. 16F3 November 12, 2004 Page 7 of 11 E. Construction Plans & Specifications for Artificial Reef: The final artificial reef design will be the basis for the development of construction plans and technical specifications for building the mitigation artificial reef system. The plans and specifications will be based on agency comments received during the coordination and design phases. The technical specifications will include a bid sheet, general conditions, technical specifications, environmental provisions, along with pertinent appendices and special plans. The technical specifications can be added to the County's front end documents for bidding. The construction plans and specifications will require that the contractor provide a vessel operation plan as required by the FDEP permit and contract guidance. A final opinion of probable construction costs will be made by CPE based on the experience at recent regional projects. Two sets of draft plans and specifications will be submitted to the County for review. Two sets of final plans and specifications will be submitted to the County, including a set of 24" x 36" MYLARS. Two additional sets of the fmal plans and specifications will be submitted to FDEP as required by applicable pennit. F. Procurement Services for Artificial Reef: The consultant will prepare a list of potential contractors, attend a pre-bid meeting with potential contractors, and respond to bidders' questions prior to bid opening. We will review submitted bids and make recommendations to the County regarding awarding the contract to the most qualified bidder. We will attend a pre-construction meeting with the selected contractor and regulatory agencies. CPE will assist Collier County with any contract negotiations that might be required. The County will make all copies of the plans and specifications needed for bidding. G. Artificial Reef Construction Engineering and Environmental Services: These services will be proposed at a later date based on the final plans, sPecifications and QNQC plan. H. Minerals Management Service (MMS) EA and Other Permitting Task Completion: a. A recent Minerals Management Service (MMS) policy change has resulted in an increase in the size and scope of the Environmental Assessment (EA) required for a lease. The original proposal for this task was modeled after the Holly Beach, Louisiana and Sandbridge, Virginia EA's prepared for the MMS in recent years, which were identified by MMS staff as models. The current MMS administration has increased the level of detail required in the EA under 2005 Collier County Renourishment Project Proposal for Mitigation Artificial Reef Design and Environmental Services November 15, 2004 Page 4 Agenda Item No. 16F3 Novennber12,2004 Page 8 of 11 their review. The current revisions require a much more detailed description and analysis of natural resources and beach area assessment, among other requirements. The EA will include a summary of the reef monitoring and mitigation plan, which is proposed for finalization under this scope of services. MMS has also requested copies of permit documents and communications from other agencies. b. The FDEP pennit needs to be modified to incorporate the joint reef monitoring and mitigation shared with Doctors Pass. In addition, a number of other plans will be finalized and coordinated with FDEP prior to the publication of the final pennit and notice to proceed. The required plans will be identified in the draft pennits (pending), and will include a physical monitoring plan and updating other previously submitted plans based on FDEP comments. We win endeavor to have FDEP c1ari1)r the conditions descn"bed in FDEP's October 21, 2004 memorandum in their final pennit. CPE will assist with completion of the Federal pennit process, which needs to complete consultation with FWS in the fonn of a Biological Opinion. CPE will respond to infonnation requests from the Corps and FWS in finalizing their reports, and keep track of their progress. The FDEP reef mitigation plan needs to be made part of the final COIpS pennit prior to the reef construction. A summary of fees by task is provided in the attached table. F:\CPE\]roposals\CoIlier\2004 Proposals\revCC artificial reefsvs.doc Agenda Item No. 16F3 November 12, 2004 Page 9 of 11 COLLIER COUNTY RENOURISHMENT PROJECT ARTIFICIAL REEF DESIGN, ENVIRONMENTAL AND ENGINEERING SERVICES DESCRIPTION SUB- EQUIPMENT LABOR COSTS CONTRACTOR COSTS DIRECT COSTS SUMMARY BY CATEGORY $125,000.00 $15,169.00 $10,725.00 $2,266.60 TOTAL COST $153,160.60 November 15,2004 PREPARED BY COASTAL PLANNING & INGlNEEIING, INC 11/1512004 F:\CPE\_Proposals\Collier\2004 proposals\Reef Design and Environmental .xIs 1 C")"<:t..,... !La..... coa_ ....-NO . -a ON..,... Z"- ....0> Eo>OJ <!J.Q ro ::: E a.. roO> ,,> cO <!JZ 0) <C rn w u ~ w rn C) Z t;å2 WW a~ a:C) II.Z ...w ze wz =eo( :1:...1 !l~ a:z ;:)w 0:& Zz ~i ~> zz ;:)w o - UZ a:S2 wrn -w ...Ie 611.. 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'J! l' ~ ~ ~ ~ c: f c ) 1 (I; o ~ ~ ~ I D.¡ Iii ~ Ii: g ~ Agenda Item No. 16F4 Decennber14,2004 Page 1 of 7 .-- EXECUTIVE SUMMARY Recommendation to Approve the Award of Bid # 05-3753, Maintenance Dredging of Wiggins Pass, to Snyder Industries, Inc., in the Amount of 5380,000, and authorize a $44,149 time and materials engineering services work order with Humiston & Moore Engineers for construction observations and monitoring, Wiggins Pass Dredging 2005, project 90522 OBJECTIVE: To obtain Board of County Commissioners approval to award a cons1rnction contract to Snyder Industries, Inc., in the amount of $380,000 and authorize a $44,149 time and materials engineering services work order with Humiston & Moore Engineers for cons1rnction observations and monitoring for the Wiggins Pass Dredging 2005 project. CONSIDERATIONS: On October 26, 2004, Agenda Item 10.E, the Board approved Wiggins Pass Maintenance Dredging with a budget of $750,000 ($100,000 for engineering services and $650,000 for construction) and a $13,500 engineering services work order with Humiston & Moore Engineers (H&M) to prepare the plans and specifications and obtain a 'notice to proceed' from the pennitting agencies. On November 10, 2004, the Coastal Advisory Committee recommended the approval of a $44,149 time and materials work order with H&M for cons1rnction observations and monitoring. ;-- H&M submitted cons1rnction plans to the Florida Department of Environmental Protection (FDEP) and Army Corps of Engineers in order to obtain approval for construction this winter under existing pennits. On November 22, 2004, the Tourist Development Council recommended the approval of a $44,149 time and materials work order with H&M for construction observations and monitoring and also recommended the award of a cons1rnction contract if the low bid is within the $650,000 budgeted for this item. On November 1, 2004, an invitation to bid was advertised by the Purchasing Department and on December 2, 2004, six bids were received as follows: Snyder Industries, Inc. Lake Michigan Contractors, Inc. American Environmental Con1ractors, Inc. Weeks Marine, Inc. Southwind Cons1rnction Corp. Shoreline Foundation, Inc. $380,000 $477,000 $574,950 $605,750 $740,607 $1,879,000 On December 9, 2004, the Coastal Advisory Committee recommended award of the contract to Snyder Industries, Inc. -- . "".,'"",.""..,;..,"'"..."',"'....,., Agenda Item No. 16F4 December 14, 2004 Page 2 of 7 -- FISCAL IMP ACT: The source of funds is Tourist Taxes and funds are available in the project budget. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners 1) approve the award of Bid # 05-3753, Maintenance Dredging of Wiggins Pass, to Snyder Industries, Inc., in the Amount of $380,000,2) authorize the chainnan to execute the standard construction agreement with Snyder Industries, Inc., and 3) authorize the Tourism Director to execute a $44,149 time and materials engineering services work order with Humiston & Moore Engineers for construction observations and monitoring. PREPARED BY: Ron Hoven, P.E., Coastal Projects Manager /--' /~ Agenda Item No, 16F4 December 14, 2004 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F4 Recommendation to Approve the Award of Bid # 05-3753, Maintenance Dredging of Wiggins Pass, to Snyder Industries, Inc., in the Amount of $380,000, and authorize a $44,149 time and materials engineering services work order with Humiston & Moore Engineers for construction observations and monitoring, Wiggins Pass Dredging 2005, Project 90522. Meeting Date 12/14/20049:0000 AM Prepared By Date Ron Hovell Principal Project Manager 1213120049:55:00 AM AdmìnistraUve Services Facilities Management Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 12131200410:24 AM Approved By Ron Hovell Principal Project Manager Date Administrative Services Facilities Management 12131200410:37 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 121312004 11 :12 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1216/20049:06 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office ot Management & Budget 121612004 11 :35 AM Approved By Michael Srnykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 121612004 1 :03 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1217120045:24 PM HUMISTON & MOORE ENGINEERS Agenda Item No. 16F4 December 14, 2004 Page 4 of 7 COASTAL ENGINEERING DESIGN AND PERMITTING 5679 SlRAND COURT NAPlES, FLORIDA 34110 FAX:23fI 594 2025 PHONE: 231514 2021 November 1, 2004 Mr. Ron Hovel!, P.E. Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Re: Wiggins Pass Maintenance Dredging, Construction Observations Proposal, H&M File No. 12063 Dear Ron: We propose to provide Construction Phase Engineering Services for the referenced project. The scope of services and estimated costs are as follows: Basic Services (Lump Sum) Task 1- Pre Construction Survey ...........................................$10,026 Task 111- Post Construction Survey........................................$10,026 Task IV - Final Report and Certifications................................$ 4,096 Additional Services (Time and Materials) Task II - Construction observations including quantity computations, daily construction observations (approximately 8 hours per day, review contractor daily reports and environmental monitoring, coordination with County staff, review Contractor payment requests............ .................... .... ............. .$20,000 T etal............................ ............... ..$44, 148 Sincerely yours, HUMISTON & MOORE ENGINEERS K~ #~~ Kenneth K. Humiston, P.E. V''<::n- u..o.... <000 ..-Nl!") 6-iw Z"- O? ....ro EWo.. w..c ==E roW "ü c:W wO OJ « .,.. "" "",,~,I. 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"c:I 0 CD o ! o 0 o 0 e c Ø) Q uQ :Eu D.:E Do " 1'0 I HUMISTON & MOORE ENGINEERS BUDGET ESTIMATING WORKSHEET NOVEMBER 2004 I PRECONSTRUCT10N SURVEY RATE HOURS UNIT Qn' COST MARKUP AMOUNT PRINCIPLE ENGINEER 154.00 2.00 308.00 PROJ MGR, SR ENGINEER 103.00 0.00 ENGINEER" 82.00 5.00 410.00 STAFF ENGINEER I 72.00 0.00 SENIOR TECHNICIAN 57.00 2.50 142.50 TECHNICIAN 46.00 2.50 115.00 ADMINISTRATIVE ASSISTANT 51.00 1.00 51.00 CLERICAL, SUPPORT 40,00 0.00 SURVEY 9.000.00 1.00 9,000.00 0.00% 9000.00 1 0,026.50 II. CONSTRUCTION OBSERVATIONS, TIME & MATERIALS I ------~---~._.._----.._- ,~ m ~ _ __~_n________ ,--,~-- -.-.... -~-~- _~ ___ '~d ~- --~-- 1---- __ ~~-- -~------I--~,- 20,000.00 ~CONSTRUCTIOf\l§_URVE~~~ ~ _ - - --------- _u_ ~n _~__ _'~'n -HOUR-š--" --------._-._----- Q'jy- cost- ~ AMOUNT -,-- RATE UNIT MARKUP PRINCIPLE ENGINEER 154.00 2.00 308.00 PROJ MGR, SR ENGINEER 103.00 0.00 ENGINEER II 82.00 5.00 410_00 STAFF ENGINEER I 72.00 0.00 SENIOR TECHNICIAN 57.00 2.50 142.50 TECHNICIAN 46_00 2.50 115.00 ADMINISTRATIVE ASSISTANT 51.00 1.00 51.00 CLERICAl, SUPPORT 40.00 0.00 SURVEY 9,000.00 1.00 9.000.00 0.00% 9000.00 10.026.50 IV. CERTIFICATION, POST CONSTRUCTION REPORT. RATE HOURS UNIT Qn' COST MARKUP AMOUNT PRINCIPLE ENGINEER 154.00 8.00 1232.00 PROJ MGR. SR ENGINEER 103.00 0.00 ENGINEER" 82.00 12.00 984.00 STAFF ENGINEER I 72.00 0.00 SENIOR TECHNICIAN 57.00 10.00 570.00 TECHNICIAN 46.00 10.00 460.00 ADMINISTRATIVE ASSISTANT 51.00 10.00 510.00 REPORT EXPENSE 40.00 20.00 17.00 340.00 4.096.00 ~.~..~_.__._--_._.__. -----_.~- ~-- .'--------------..-----. --.--. --- ----_.. - ~ -- -"- ._~--- .. ~.__._--- Icc~---- --.._~-. ---_un "~ TOTAl 44,149.00 Agenda Item No. 16F4 December 14, 2004 Page 6 of 7 -q--q-g co -".1_0 '.00 .. ...-NI'-- ~ , -.. CD O-q-¡ > Z'- .- ~ ~ E~U)", :êE8.... ro<D~:ß -CUOCl c: <DZ to <DO .:.:: I:)) ~ « a. =8 ~N o - :1:..... I: ~ ~~~ .. CD E ~ > ::I Q)o~ ~z t5 I:..~ to~~ ~s< ~~ ._a. e Q) a.1õ e c~ to a. r/) I: '81 CI ~ Õ CI I: "51 ~ ~ e ~(!; tOo I:N .! - I:N ¡;j .... ~Æ C E C") CD ~:fi <?e 10 0·· :2~ tee I: 8' 88 8 8 \ ~~ g a§ § ó .- 0 8 '6ü 0 .- !! Ñ IIi Ö ...: [>- >- >- >- ¡>- ~- C") iC") ..... " Q) I: C") ..... ~ -.:t .:.:: 0 ~ ~ ~ tOO ..J 0 0 8 88 0 0 ....1ã g cD g gg Q)E ~ 0 0 0 0 'i,1/) ö ö ö ö >- >- >- >- >- I: ::I 0 " ..... IX) , (/)~ ..... ,N ~ C") ~ ,~ ~ I Š 0 ..... 8 8 8 0 ..... I: I: g ~ g g g ~ Q) '1: E 0 0) 0 0) , Q) I: Ö t ö ~ >- >- >- >- >- ~ .~ 0 ..... N C") ~ 10 I: ~ ~ ~ UJ CD 0 10 0 0 0 I: 0 C") 0 0 0 I '1: g ~ g ó g I , tV 0 ~ 0 " 0 " ~ ö g Ö IIi >- >- >- >- >- \ ..... ..... 0 Q) C") N ~ co Q) ~ ~ ~ 3: , , 8 ~ 0 88 I: 0 ~o ~ Irl g ~~ .!ij 13 ~ I co ..... , ~~ Ñ Ñ lIiö >- >-1>- >- >- 0) -.:t ~-.:t I I ~§ ~ N I" ~ ,~ 0 I ! I: 8 ~8 8 8 I> ~,g ó ⧠ó g 1>- 0 0 = to 0 0 0 !~ Ö ri uS a) >- >- >- o I: " :::a ~ " J: ::II ~ cxt I (/) 0 I I u.' ..... ..... I ~ '~ - - " I >-0 iii ~ 00 _0 ]I I\) 1ñ1Ii , a. 8:!- 0 I , I/) l- i I I I: :t::!~ , , ','81 1:0 I.Q> ::J_ a:: 3: ~ UJ Õ e e :5 ã5 I ::I U. 0 \- I~ ~ (/)I~ m UJ o::,z I~ Õ a:: OUJ I~ ::J 1-- - I- 00:: ¡i I: ~~ CD 0 E Lf I-X ¡.g B CI zUJ I: ::J ' CD I\) '1: Z ou. '"¡ 15. S ~ 00 0 ~ i '2 !III- .2 I: I: I: 0 ::JZ ~ 0 0 to E ..J (J)UJC :;:; E CI ~ <C u.~z I\) \ a. I: æ ï: "51 is OUJO ~ ·UJ 'I: U :s ¥ € ~ I-I-!II 'CD WI ~~Q "t:I CD 0 ::I ~ C ~ C I- ~ ..J(J)te ï: I , E .....IN Q) C") \ Jf I: \! :t:: \ I 3: I ..... "- o ..... Q) CI to Q. Agenda Item No. 16F5 December 14, 2004 Page 1 of 7 ,- EXECUTIVE SUMMARY Recommend The Board approve a Memorandum of Understanding with the Southwest Florida Professional Firefighters Local 1826 International Association of Firefighters Inc to include career progression matrix to current collective bargaining agreement. OBJECTIVE: The Board of County Commissioners approve and ratify a Memorandum of Understanding with the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. (EMS Bargaining Unit) to include as an Exhibit to Articles 20.2 AND 20.5 of the current collective bargaining agreement (the "Agreement") a Career Progression Matrix, which shall describe the qualifications necessary for certain eligible employees to receive incentive pay. CONSIDERATION: Article 20.2 of the Agreement provide for certain incentive pay for those employees qualified to be Special Operations, which includes but is not limited to the ALS Engine Program, Flight Medic or SORT Team. Article 20.5 of the Agreement provides for certain incentive pay for Field Training Officers. Both of those Articles of the Agreement provide that the qualifications for receiving incentive pay are to be identified by reference to a Career Progression Matrix. After further good faith bargaining by the parties to the Agreement, a Career Progression Matrix describing the manner in which certain employees will be eligible for itlcentive pay was agreed upon. All other· terms, conditions and requirements under the Agreement shall remain unchanged and in full force and effect as originally agreed to by the parties. ,-.. FISCAL IMPACT: It is estimated that the attached Memorandum of Understanding will involve an annual expenditure of approximately $33,000. Payment of these costs will come from Fund 490. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of Commissioners approve and ratify the attached Memorandum of Understanding with the Southwest Florida Professional Firefighters, Local 1826, Intemational Association of Firefighters, Inc. (EMS Bargaining Unit) and authorize the Chairman to sign the original after execution for form and legal sufficiency by the Office of the County Attorney. PREPARED BY: Scott R. Teach, Assistant County Attorney Jeff Page, Chief, Emergency Medical Services .-.. Agenda Item No, 16F5 December 14, 2004 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F5 Recommend the Board approve a Memorandum of Understanding with the Southwest Florida Professional Firefighters Local 1826 International Association of Firefighters Inc to include a career progression matrix to the current collecttve bargaining agreement. Meeting Date 12/14/2004 9:0000 AM Prepared By Date Scott R. Teach Assistant County Attorney 11130120044:56:42 PM County Attorney County Attorney Office Approved By Jeff Page EMS Director Date Bureau of Emergency Services EMS 1113012004 5:01 PM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 1211/200411 :00 AM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 1212/20049:03 AM Approved By Dan E, Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 1212120045:11 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Oflíce Offìce of Management & Budget 1213120048:57 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/312004 9;58 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/61200412:01 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/7/20042:27 PM MEMORANDUM OF UNDERSTANDING Agenda Item No. 16F5 December 14, 2004 Page 3 of 7 The parties, the Collier County Board of County Commissioners and the Southwest Florida Professional Firefighters and Paramedics, Local 1826, International Association of Firefighters, Inc., hereby enter into this Memorandum of Understanding for the purpose of amending and clarifying the current Collective Bargaining Agreement (the "Agreement"), which is in effect until September 30, 2006. Article 20.2 of the Agreement provides for certain incentive pay for those employees qualified to be Special Operations which includes but is not limited to the ALS Engine Program, Flight Medic, or SORT Team. In addition, Section 20.5 provides for certain incentive pay for Field Training Officers. Both Sections provide that the qualifications for this incentive pay are to be identified in a Career Progression Matrix. After bargaining in good faith, the parties have reached an agreement as to the Career Progression Matrix, which is attached hereto. Incentive pay shall be paid in accordance with this matrix. All other terms, conditions and requirements under the Agreement shall remain unchanged and in ful1 force and effect as originally agreed to by the parties. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Dwight E. Brock, CLERK By: Deputy Clerk Donna Fiala, CHAIRMAN Date: WITNESSES: SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS & PARAMEDICS r, r'~ ".J ¡ By: (j .-J.-- U-.(~.-~·- Eric Ducrou, PRESIDENT IAFF Local 1826 Date: \ \- \ ~-O i.-\. Agenda Item No. 16F5 EØeft.ld~~ ~t 6I$IF1ftt: Special Operations Response Team (S.O.R.T.) 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E.r.h )llMri!o def<1lolJd;w ~r(:rn IhtoCl(!li~~M"'!dCkKlI",l' III' ~ !..."t.mrt\ðIJcra P~. cClUnlin9b:k':-irl'«(ls 365 o~_ (2~" 730 dð "!o) I«M' '" 1œ5.ç~) . . A/I.JI]I'tIit;il)tW1~ 1"!' 'I..¡~c:<:~.11I1Iy (~;..¡.,~ !heo'.AH:tI;eI Ði<~'~ s.-:j:)I". prŒf.U {FTO Cm'lM'litc_.f. F"aiIIJNo Ie¡ ~ (il ~1edtr; I1CCCEMSIF1RE. DOro=ia ~ Tr'llif1<IJQ tivÎ$ion) mayr~ in I'e"1'\(M)j cI ail ir>c:~ EXECUTIVE SUMMARY Agenda Item No. 16F6 December 14,2004 Page 1 of 7 ¿o- Approve sole source purchase of "Audicor" for placement on Collier County Emergency Medical Services Department units in the amount of $225,000. OBJECTIVE: To maximize and enhance the current delivery of care and transport of patients suffering from Acute Coronary Syndrome (ACS). CONSIDERATION: Acute Coronary Syndrome is a life threatening disorder and a major cause of emergency medical care and hospitalization in the United States. Coronary heart disease is the leading cause of death in the United States. Unstable angina and non-ST -segment elevation myocardial infarction are very common manifestations of this disease. In Collier County last fiscal year, the EMS Department responded to over 4000 potential Acute Coronary Syndrome (ACS) calls. The Collier County Emergency Medical Services Department feels though it is recognized as one of leaders in the out-of-hospital treatment of patient suffering from ACS. Collier County by taking a proactive role in the purchasing and deployment of the Audicor device can further improve not only the level of care but also the overall outcome of patient, which suffer an Acute Coronary episode. - lnovise Inc. of Portland, Oregon has patented (patent number K428676)· a product called Audicor. The Audicor System uses correlated audio electric cardiography (COR) to create a new dimension in cardiac care by recording, analyzing and labeling heart sounds. EMS plans to purchase 15 Audicor units, which not only "listen" to heart sounds but also use advanced electrocardiography (ECG) analysis to monitor and provide computerized interpretation of electrical activity of the heart. Until now, only medical staffs in hospitals used Audicor technology. The Audicor COR test produces a three-dimensional diagram, pinpointing potential trouble areas of the heart. By confirming abnormal heart sounds, Audicor allows paramedics to identify problems at the earliest point of care. It greatly improves the patient's chance of survival. lnovise Inc. is the sole provider of this product. Staff has conducted a search for similar products and has found none. The 15 Audicor units cost $15,000 each and come with a I-year warranty and maintenance agreement. The warranty and maintenance agreement cover all cost related to labor and parts, including onsite as well as offsite technical support during the first year. The approximate cost of a service contract extension after year one will be $1000.00 per machine. Service contract extensions would be included as part of the FY 06 budgeting process. FISCAL IMPACT:. Funding in the amount $225,000 is budgeted for the Audicor in Fiscal Year 05. Source of funding is EMS Impact Fees. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact resulting fromthis 'actio~ RECOMMENDATION: The Board of County Comrtüssioners waive formal competition and approve the sole source purchase of Audicor from Inovise In.c. ". ,. "'_'''··'''.~''''''_''''''li''''''''''''''"'''·''''-'_···' , .. .. "·""·"""'~~"""~"""·"""·'",'.''I_'','.._,P''''''''' .... Prepared by: Jorge Aguilera, Division Chief for Emergency Medical Services Agenda Item No. 16F6 December 14, 2004 Page 2 of 7 Agenda Item No. 16F6 December 14, 2004 Page 30f7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F6 Meeting Date Approve sole source purchase of "Audicor" for placement on Collier County Emergency Medical Services Department units in tl1e amount of $225,000, 12/14/2004 9: 00: 00 AM Prepared By Date Jorge Aguilera Division Chief 1211/20043:14:59 PM Bureau of Emergency Services EMS Approved By Jeff Page EMS Director Date Bureau of Emergency Services EMS 121112004 3: 17 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Admínistr<ltive Services Purchasinø 121212004 1 :49 PM Approved By Sc.ott Johnson Purchasing Agent Date Administrative Services Purchasíng 121212004 3:24 PM Approved By Darcy Waldron Senior Admínistrative Assistant Date County Manager's Office Emergency Management 1212120044:43 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 12/2/20045:12 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1213/20049:14 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Offìce Office of Management & Budget 1216120042:13 PM Approved By Michael Smykowski Management & Budget Dtrector Date County Manager's Office Office of Management & Budget 1216/2004 3:43 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Ottice 121812004 9:45 AM /~ - AUDICOR' ~ Eally cardiac dlat;:1<bÎ, Z!a ~, tlere Agenda Item No. 16F6 Ms. Lugene Mary Hamilton Fiscal Technician Collier County EMS Department 3301 Tamiami Trail East, Building H Naples, FL 34412 Dear Ms. Hamilton; Inovise Medical, Inc. is pleased to present the attached Quotation for our product line, AUDICOR ®. Prices reflect the best possible discount available based on your status as both a Luminary Customer and projected volume of usage of AUDICOR Sensors of 3,100 tests per year. Inovise Medical, Inc. has committed significant funds and effort to develop the technology embodied in the AUDICOR product line. As a result of our efforts, we hold the exclusive patents and intellectual property rights to the AUDICOR technology. To date, 4 US patents have been issued, 17 are pending, and an additional 3 provisional patents are pending. The patents and intellectual property rights are embodied in AUDICOR products currently approved by the US Food and Drug Administration that are listed on the attached Price List. Because Inovise Medical, Inc. is the sole developer and owner of the technology and associated patents and intellectual property rights, the AUDICOR products listed in the table below are available only from Inovise Medical, Inc. Inovise Item Item Name Number 30012 AUDICOR Sensor 30006 AUDICOR Chart Paper 10049 AUDICOR CE V3 Adapter 10014 AUDICOR CE V4 Adapter 20010 AUDICOR CE Stylus 20053 AUDICOR CE System SV3 and SV4 Lead Wire Kit for GE Mac 5000 Items listed on the Price List that are available through other sources are clear1y indicated along with the original source and item number. Please do not hesitate to contact me if you have any questions or need any additional information. Respectfully, Berkeley T. Merchant Director of Sales Operations Inovise Medical, Inc. 1025 Industrtal Parkway, Suite C . Newberg, OR 97132-7071 Toll Frea (USA): 877.466.6473 . Telephone: 503.554.4200 . Fex: 503.538.8868 . www.audlcor.com . Eman: Infu@lnovise.com --'--,,-.._.._,---_.~...._-_. " Agenda Item No. 16F6 December 14, 2004 Page 5 of 7 November 30, 2004 Dan Summers Director, Bureau of Emergency Services Collier County Dear Dan, I am writing to you reference the rationale and justification for pursuing Audicor Technology in the pre-hospital environment. This letter is longer than probably you care to read, however, the background infonnation is important for you to have sufficient understanding of why we are trying to do what we propose. Inovise is the company that has developed Audicor and has won FDA certification of the device. Since first certifying the machine for in-hospital use, I immediately recognized that this device could playa critical role in advancing pre-hospital diagnosis of heart disease. The paramedic is faced with the challenge out in the streets of deciphering a variety of complaints relating to chest pain, weakness, unexplained diaphoresis, dyspnea, unexplained nausea as well as outright syncope and "magically" emerge with the right diagnosis every single time. Obviously, this does not happen because there is so much overlap of symptoms and disease. Audicor brings the following additional advantages and tools to the paramedic. 1. A greatly enhanced l2-lead ECG algorithm to more accurately diagnose: a. Acute MI b. Acute coronary syndromes (ACS) c. Left ventricular hypertrophy 2. A phonocardiogram concurrent with the 12-lead ECG that allows the paramedic to much more accurately distinguish potential cases of decompensated CHF that present as acute dyspnea of uncertain etiology. 3. Because of # 1 and #2 above, the paramedic can much more accurately do the following: a. Determine who needs to go immediately to a direct infarct angioplasty cardiac cath lab. b. Determine who is at greatest risk for immediate problems with acute coronary syndromes c. Make a much more infonned decision about myocardial ischemia when the ECG changes are not classic. d. Distinguish decompensated CHF from many other causes of acute dyspnea. How is the above possible and where do we go from here?? Audicor application in places like the University of Cinncinati have definitely determined that a dyspneic patient who has a loud S3 heart sound "heard" by Audicor has Agenda Item No. 16F6 December 14,2004 Page 6 of7 a 99% specificity for having decompensated CHF. A COPD patient does not have a loud S3 although both patients could clinically appear identical with identical lung sounds. Although U of Cinncinati's data indicated that 39% of decompensated CHF patients did NOT have an S3, it is uncertain how many of these 39% had already received one of the following: (all of which could silence the S3 heart sound) a. Nitroglycerin b. Diuretic c. Morphine d. ACE Inhibitor The American College of Cardiology current posted guidelines for the diagnosis and management of AMI and ACS have stated the following: a. In the setting of acute chest pain with equivocal changes in the 12-lead ECG, the finding of an S4 heart sound is strong evidence of myocardial ischemia. With a nonnal 12-lead ECG, we would never pickup this abnonnality and would probably transport the patient to the wrong facility. b. In the setting of stuttering chest pain and the findings of non-specific ST - T wave changes on the ECG or transient ST -segment depression or transient ST- segment elevation, the co-presence of an S3 heart sound would indicate significant coronary blockage in spite of a paucity of findings on the 12-lead ECG and would prioritize the patient to go directly to an interventional cath lab rather than just any emergency department. Because of the facts enumerated and reviewed above, CCEMS has the opportunity to achieve some potentially staggering advancements in pre-hospital care and place us in the nation's and world's spotlight in this ground-breaking effort. I believe that we can not only much more accurately diagnose patients at grave risk with myocardial ischemia and infarct. I believe that we will achieve two other very important advancements: 1. Further the AHA's Red Dress initiative to better diagnose heart disease in women. Audicor will take this world-wide initiative into an entirely more sophisticated approach to women with heart disease and potentially create new rules of engagement for heart disease in women. The AHA and CCEMS's efforts may achieve enonnous attention if my hunches about this technology prove to be realistic and accurate. 2. Shorten the door-to-needle time for treating acute decompensated CHF from about 4 hours to 10 minutes. Currently, less than 10% of eligible patients with decompensated CHF receive Neseritide at all AND, of the 10% who do receive Neseritide, most of them receive it 3-4 hours after the diagnosis has been made. In the mid-1980's. the door-to-needle time for thrombolytic agents was 3-4 hours in acute MI. Because of efforts of emergency departments like the one's I chaired for 18 years, tbese times shrank down to 10-12 minutes in the best centers and a lot of heart muscle was saved (time is muscle theory). Today, the same delays now exist with CHF. By coupling Audicor technology with the investigational support of Scios Medical (the makers ofNeseritide who are now owned by Johnson and Johnson), CCEMS stands poised to write the new standards for the engagement, diagnosis and treatment of patients with acute decompensated CHF. - Agenda Item No. 16F6 December 14,2004 Page 7 of 7 I might add that as the population of the USA ages and as we have already prevented hundreds of thousands of deaths from AMI with the better use of thrombo lytics, direct infarct angioplasty, stents and bypass surgery, many people who would have died are now living longer and developing CHF. It is estimated that the number of people with acute CHF is about to gigantically expand and CCEMS can be on the frontal wave of these new therapies. Lastly, it never hurts to get state-wide and national recognition of our efforts and I can not imagine a more worthwhile effort than this. The Cleveland Clinic Foundation in Cleveland, Ohio just posted a CME article on congestive heart failure. They recognize that this stampede of increased CHF patients needs recognition, education and action. Please take a look at the website: www.clevelandc1inicmeded.com/hfed which has this great review on congestive heart failure by Dr. Frank Peacock. Jorge Aguilera and I have a conference call with him at Cleveland Clinic Naples on Thursday, December 2, 2004. Thanks for taking the time to read this length and spirited discussion on these new horizons. Sincerely, Robert Boyd Tober, M.D., F ACEP Medical Director Collier County EMS RBTober@aolcom Agenda Item No. 16F7 December 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Award Bid #04-3715 for Self-Contained Breathing Apparatus to Porche Fire Equipment, Inc. in the amount of $90,000. OBJECTIVE: To award Bid #04-3715 for the purchase of Self-Contained Breathing Apparatus to Porche Fire Equipment. Inc. CONSIDERATIONS: On March 9, 2004, the Board accepted an Assistance to Firefighters Grant for the purchase of for the purchase of Self-Contained Breathing Apparatus by the Ochopee Fire Control District. One August 16, 2004, fonnal bid invitations were posted in the lobby of the Purchasing Building and dìstributed to thirty-three (33) firms who provide this equipment. On September 1, 2004, only one (1) bid was received and opened. A bid tabulation sheet is attached for review. Staff has reviewed the bid and recommends award to Porche Fire Equipment, Inc. .....- FISCAL IMPACT: Funds have been budgeted for FY -05 m the Emergency Management / Fire Grants, Fund 118. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #04- 3715 for the purchase of Self-Contained Breathing Apparatus to Porche Fire Equipment, Inc. in the amount of $90,000. Submitted by: Chief Paul Wilson, Ochopee Fire Control District ~.. ".'-J"C;'.""_""""."",,, ,,,.'''''''~'''''.'. .... ,......".; ,~ ~ Agenda Item No. 16F7 December 14, 2004 Page 2 of 3 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F7 Award Bid #04-3715 for Self-Contained Breathing Apparatus to Porche Fire Equipment, Inc. in the Amount of $90,000, 12/14/20049:0000 AM Meeting Date Prepared By Date Paul Wilson Fir" Chid 11/30/200411:30:29 AM County Manag"r's Office Ochop"e Fire Control District Approved By Scott. Johnson Purchasing Agent Date Admìnistrative Services Purchasing 12/1/20048:57 AM Approved By St"ve C. ",ell Purchasing/General Svcs Director Date Administratíve Services Purchasing 1211120044:29 PM Approved By Dan E. Sun1lners Bureau of Emergency Services Director Date County Manag"r's Office Bureau of Em"rgency Services 1212120045:10 PM Approved By OM8 Coordinator Administrative Assistant Date - County Manager's Office Office of Management & Budget 12/3120048:56 AM Approved By Robin Johnson Management/Budge! Analyst Date County Manager's Drfice Office of Management & Budget 1213/20049:43 AM Approved By Michael Smykowski Management & Budgct Director Date County Manager's Office Office of Management & Budge! 12/6/20049:13 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/7/2004 5:27 PM 1'-7C") 1..1...0_ <;DO 0 ......NC") Ó 7- (1) Z"- 0') .....<1:1 ¡::: (1) Q.. woO ==E roQ) -cU eQ) (1)0 I:J) <:( .... .... fl C1) 3 '.¡: o Z 1J ~ R' Q u = .~ o~ ,; 3 :3: "" :;~ .. <.> p..0 <:> <:> <:> <:> <:> <:> -.t: \C <:> <:> Ó ,...: ..., '" 0 ,¿ J~ .9 <:> <:> ..., ..... <:> .., .., \ö \ö Q'I ~5 0 ] ...,- ...: M E "" "§i Q - ~'g. c::t M u¡ ~ ... ... ... ... ... 1 ~ ~ ;j ..= ,.i:;! J ~ ä "\. u¡ u¡ u¡ u¡ u¡ <:> ~ ~ ..... N \C N ii ... ~ p.. .¡ j .... ~ p.. ...... z .\ ~ 0 1$ ... .51 ~ ..¡ t 8 .., 8 e ~ ~ B '.,;I ~ i a¡ "'"( ~ .. .... ..8 8 e- rI.! 8 ~ Jà:1 1 &1 ~ ~ Q '.:;I .. ~ 8 ~ <.> ...... g ¡¡:: ~ ~ 'õ ! . .~ > 0 "" -< ~ J! ~ '~ ~ ø:I ~ () u ... ~ ¡t ¡¡:: C1) g u u ~ 1 \. ~ f! j ~ ~ - ~ -8 1:5. i j .S u u § ;.>; 1! :à ::t: u ,.s :I., :¡ 0 S v :;2 ...... N "~ ,9 0 .i t:I 8 ~ "Õ ~ 8 ~ N "'1 ~ Cf. rI.I a¡ ... I ~ . -< ~ '" '" ., c.. ~ <:> N \Ô ..... i '" -< ~ Q 'l o p.. 5 i:š "" 0:1 CI ~ Õ ,~ e p.. -= .. e OIo "5 I:r "'" DO .. ;Š .. t: ø:I "C:t .. .. Š .. co U ~ .. 00 ~ ~ c::t M N @) ~ <:> N ..... t ..... .r> 8 ~ ~ go "."'1 -i::i iÏi ~~ gQ '; ~ =qj J:J "" ~o i:i 'C ¡::: 1 e p.. Agenda Item No. 16F8 December 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners award Bid #05-3749 in the amount of $67,840.00 for Clam Bay Interior Channel Construction Phase In, to Floraquatics, Inc. OBJECTIVE: To award Bid #05-3749 in the amount of $67,840.00 for Clam Bay Interior Channel Construction Phase III to Floraquatics, Inc. CONSIDERATIONS: 1. Bid #05-3749 was posted on October 27, 2004. Fifty eight (58) inquiries were sent and three (3) bids were received and opened on November 24, 2004. 2. Staff has reviewed the bids and detennined that the low bid was submitted by Floraquatics, Inc. Therefore, staff recommends award of Bid #05-3749 to Floraquatics, Inc. as the lowest qualified responsive bidder in the amount of $67,840.00. - FISCAL IMPACT: The fiscal impact for Bid #05-3749 is $67,840.00 with funds available in the Clam Bay Restoration Fund 320. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners award Bid #05- 3749 in the amount of $67,840.00 for Clam Bay Interior Channel Construction Phase III to Floraquatics, Inc. ,- ~'-'''''''''''''''''''''"''''''",'''...,,"",., .,.,.,. ""'_""_1"4""""'",*~"~,"",,,,,,~o,. Agenda Item No, 16F8 December 14. 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTf COMMISSIONERS Item Number Item Summary 16FB Recommendation that the Board of County Commissioners award Bid #05-3749 in the amount of $67,840.00 for Clam Bay Interior Channel Construction Phase III, to Floraquatics. Inc, Meeting Date 12/14/2004 9:00:00 AM Prepared By Date James Ward Director 11130120043:51:44 PM Board of County Commissioners Pelican Bay Services Approved By Jean C.Smith Operations Analyst Date County Manager's Office Pelican Bay Services 11130120044:08 PM Approved By Kyle Lukasz Operations Manager Date County Manager's Office Pelican Bay Services 11130120044:30 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 1211120048:52 AM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Admínistrative Services Purchasing 1211120048:55AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1212/20043:13 PM Approved By Michael Srnykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/612004 1 :42 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 121712004 8:25 PM S:~S3 (") <DO~ .. ..- N Q:I 't:I Ó'<::!"-i.g! Z ..- Ii' 'ã) E(¡;(Ø)~ iB-9~O:: - 1::.- rJ ro O)õ (I) -0 üz CI cO) 10 0)0 ~ 0) (.) -< 10 0.. Iìi~ 100 ~N ~ - ....Jt-. Q)N >.L.. ~~ o ..- L.. (.) ~O 10 .. t:'t:I 10 (I) ~¡¡; 1:5 0 (1)0.. .-(1) 0_ L.. 10 0..0 ã> t: t: 10 .r:. Ü m E· $ .E ~ ~~~ CC - - E~~ 10 10 L.. -.r:.CI) µo...c ë»t:E -.r .Q ~ t-.1:50 C?2z It) _ o rJ .. :2§~ CCüO 0 0 0 I 1 0 0 0 ci c::i c::i i ~ ~ ~ , , , i 0 !~ 0 0 0 ci c::i ! ~ ~ I I , I I I I I I I ~i I~ 0' 00 ~I I i 0' 00 ! '6J ci cóc::i CI 0 ~O 0, 1>- I I~ 0 0 il rJ as ô >- 10 00 100 ! C¡ .... ~ ! ~, ~ , 0 I 1 0 ¡ I E 0 ~\ 00 0 I 0 ~I~ 0 t: t: có c::i 13 Q) ~ ~o 0 N 0 N i .t: E I.Õ I~ I.Õ '>- '>- 1 Q) t: ~ .~ t-. 0 I I ~ .... ~I I t: W I I ! I~ 0 ~I~ ~I ~' 0 'ãil c::i (")0 0, I I I~ ~ ~o -.r 1>- I q, 00 ~I C"i ';;t) t-. i>- I (") I~ co I I ~' ~ 0, iI¡ I I i , 1 I~ ~I ...-..1...-.. l- I LJ..O en 1= ....JIO -0 0 - ~ -0 U \eI) rJ rJ .... '0 - 0_ ..J III I~ rJ ü- ct IQ 0 ~ ¡g .c: ü I- a. t:ü 0 t: \::J 16. ::J¡]j I- 0 ~l ,.. :0 ¡u I II- ,2 I ,- , 1& i 'u I 1 II Z I~ I~ 1't:I t: I~ L- ei) ,(.) 'z - 110 .E ':= IE. , 10 >- íiì I ' IQ ,'t:I œ - I.~ N' (") Q) ¡j rJ CDI Q) I~ Q) ~ (.) il i Q) ,U 1= 10:: \L- I~fl 111 ¡¡j .2 ã> t: .. rJ I Ii t: , t: iQ) - (I) 10 10 . I·a. t:,t: 1 I (1)1_ tsl .r:. .' 18 ~~ 'ü 1-< , i .... õ (I) CI 10 0.. " Agenda Item No. 16F9 December 14, 2004 Page 1 of 8 ""'- EXECUTIVE SUMMARY Recommendation to approve a Lease Agreement with the City of Naples for shared use of Fire Station 2 at a first year's total cost of $146,600. OBJECTIVE: To approve and authorize execution of the attached Lease Agreement (Lease) with the City of Naples (City) for shared use of its Fire Station 2, located at 977 26th Avenue North, Naples, Florida. ...- CONSIDERATIONS: In order to reduce costs associated with providing emergency medical service facilities, the EMS Department has made it standard practice to request sharing fire station space when a facility is required in the same area. Accordingly, EMS has reached agreement with the City to share space at the City's Fire Station #2. Under the tenns of the agreement, the City will construct a 972 square feet addition (Addition) to Fire Station 2 for EMS's use. The County will be required to contribute $137,000 toward construction of the Addition and enter into a lease with the City for its use. EMS will have exclusive use of the Addition fOr an apparatus bay arid living qUarters and will share the remaining facility (recreation moms, kitchen, and restrooms, etc.) with the fire department. The initial Lease tenn will be for five years at an annual rental of $6,000, paid in monthly installments of $500. EMS will also pay $300 monthly to the City for its portion of the costs of utilities. The Lease will automatically renew for up to five additional five-year periods, unless one party is notified by the other party prior to the end of the then existing five-year lease period of its intention not to renew the Lease. The annual rent for each year for each five-year renewal period will be $12,000, paid in monthly installments of $1,000. EMS's portion of the utilities will be renegotiated for each renewal period, but cannot exceed the previous renewal period's costs of utilities by more than five per cent. If for any reason, other than default by the County, the City should terminate the lease during the initial five-year period, the City will reimburse the County's its full construction contribution if terminated during the first year of the lease, $109,600 the second year, $82,200 the third, $54,800 the fourth, and $27,400 iftenninated during the fifth year of the lease. Only $100,000 was included in EMS's FY 04/05 Budget for construction of the facility. The attached Budget Amendment is for the additional $37,000 required under the agreement with the City. The Lease has been reviewed by EMS, the County Attorney's Office, and Risk Management Department ,- '~'._'-"'"""'''''''"'''''"'.^,'''.' Agenda Item No. 16F9 December 14, 2004 Page 2 of 8 FISCAL IMPACT: The annual rent of $6,000 and utility costs of $3,600 will be withdrawn from Emergency Medical Services Fund (490) and the $137,000 construction contribution from Emergency Medical Services Impact Fees Fund (350). GROWTH MANAGEMENT IMP ACT: There is no impact to the GTowth Management Plan. RECOMMENDATION: That the Board approves and authorizes the Chairman to execute the attached Lease Agreement and Budget Amendment. PREPARED BY: Michael H. Dowling, Real Property Specialist Real Estate Services/Facilities Management Department Agenda Item No. 16F9 December 14, 2004 Page 3 of 8 ,.,-,. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F9 Meeting Date Recommendation to approve a Lease Agreement with the City of Naples for shared use of Fire Station 2 at a first year's total cost of $146,600, 12/14/2004 9:00:00 AM Prepared By Date Michael H. Dowling Property Management Specialist 12/1/20044:37:20 PM Administrative Services Facilities Management Approved By Jeff Page EMS Director Date Bureau of Emergency Services EMS 1211/20047:43 PM Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Oat" Admínistrative Services Facilitìes Management 12/2/20047:50 AM Approved By Skip Camp, C.F,M. Facilities Management Dírector Date Administrative Services Facilities Management 1213/2004 1 :27 PM Approved By Dan E. Summers Bureau of Erner9tH1cy Services Oîrector Date County Manager's Office Bureau Df Emergency Services 1213/20041:35 PM Approved By OMB Coordinator Administrative Assistant Oat" CDunty Manager's Office Office of Management & Budget 12/6/20048:58 AM Approved By Robin Johnson Managem"nt/Budget Analyst Date County Manager's Office Office Df Management & Budget 12/6/200411 :11 AM Approved By Michael Smykowskì Management & Budget Director Date County Manager's Office Office of Managem ent & Budget 12/6/2004 11 :40 AM Approved By James V. Mudd County Manager Date Board of CDunty Commissioners County Manager's Office 12/7/20047:43 PM Agenda Item No. 16F9 December 14, 2004 Lease # Page 4 of 8 LEASE AGREEMENT THlS LEASE AGREEMENT entered mto this _ day of , 2004, between City of Naples whose mailing address is 735 8th Street North. Naples, Florida 34102, hereinafter referred to as "LESSOR," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 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 grants to LESSEE and LESSEE hereby accepts from LESSOR access and shared use of Fire Station #2, which is located at 977 26'h Avenue North, Naples, Florida, hereinafter referred to as the "Demised Premises." ARTICLE 2. Tenn of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years, hereinafter referred to as the "Initial Term", commencing on the date of issuance of the Certificate of Occupancy for the scheduled improvements, outlined in Article 6 of this Lease, hereinafter referred to as "Commencement Date." ~ Provided LESSEE is not in default of any of the terms contained in this Agreement, this Agreement shall be automatically renewed for an additional five (5) year term (as many as five (5) such additional five (5) year terms), upon the terms and conditions set forth in this Agreement, so long as neither LESSOR nor LESSEE shall givenolice to the other of such party's election not to renew this Lease prior to the expiration of the then- existmg 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 tenninate upon transfer of ownership of the Demised Premises from LESSOR to ¡mother person or entity. ARTICLE 3, Rent In recognition of the payment made for the EMS bay, as set forth in ARTICLE 6, LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Six Thousand Dollars ($6,000) per annum in equal monthly installments of Five Hundred Dollars ($500.00) each, for the Initial Term. Rent for the first Renewal Tem1 for the living qual1ers and bay shall be Twelve Thousand Dollars ($12,000) per annum in equal monthly installments of One Thousand Dollars ($1,000) each. ARTICLE 4. Renewal Term Rent In the event LESSEE elects 10 renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall remain the same for the Renewal Term. ARTICLE 5. Utilities and Incidental Expenses LESSEE shall utilize the ex.isting utilities presenlly utilized by LESSOR such as, but not limited to, septic or sewer, water, including potable waler, electricity, telephone, janitorial service, gardening and outdoor maintenance, hereinafter referred to as "Expenses". However, LESSEE agrees to pay, in lieu of a pro rata share of the utility charges, three hundred dollars ($300.00) per month to offset said Expenses. LESSOR and LESSEE shall renegotiate LESSEE'S contribution to said Expenses at each five (5) year renewal to reflect reasonable increases in those Expenses. At no time shall an annual increase be greater than five (5) percent. LESSOR shall provide LESSEE with the amount of the increase no later than thirty (30) days following the renewal term. Agenda Item No. 16F9 December 14, 2004 ARTICLE 6. LESSEE'S Improvements and Compensation for Improvements Page 5 of 8 LESSOR authorizes LESSEE to make improvements, addition and alterations to the EMS living quaners, which is that area comprising ap.proximately 972 square feet immediately east of the primary bays. including the construction of an apparatus bay for LESSEE'S use, hereinafter referred to as 'Improvements.' The estimated construction cost of One Hundred Thirty-Seven Thousand Dollars ($137.()(}(lOO). hereinafter referred to as 'Estimated Costs.' All improvements, alterations or additions shall be made in compliance with Article 8 of this Lease as written below. LESSEE acknowledges that the LESSOR may sell the Property during the Initial Tenn 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 ninety (90) days prior to the actual closing date of the Property, or earlier, if possible. The notification shall include the closing date of the Property along with a ninety (90) day notice to vacate. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail. Postage Prepaid. If the LESSEE is required to vacate the Demised Premises as a result of the sale of the Property. the LESSEE and LESSOR agree that LESSOR shall reimburse LESSEE one hundred (100) 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 Tenn 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 Improvements shall become the property uf the LESSOR. (based on the above-referenced Estimated Cost of the Improvements being $137,000.00) First Year: From the Commencement Date 2004 to the anniversary date 2005, amount reimbursed 10 LESSEE shall be 100% of the actual cost (Estimated Cost is $137.000.00) Second Year: From anniversary date 2005 to anniversary date 2006, amount reimbursed to LESSEE shall be 80% of the actual cost (Estimated Cost is $109.600.00) Third Year: From anniversary date 2006 to anniversary date 2007, amount reimbursed to LESSEE shall be 60% of the actual cost (Estimated Cost is $82,200.00) Fourth Year: From anniversary date 2007 to anniversary date 2008. amount reimbursed to LESSEE shall be 40% of the actual cost (Estimated Cost is $54,800.00) Fifth Year: From anniversary date 2008 to anniversary date 2009, amount reimbursed to LESSEE shall be 20% of the actual cost (Estimated Cost is $27,400.00) No compensation shall be required for the improvements by LESSOR, or due to LESSEE, for the Renewal Tenn following the Initial Term of Ihis Agreement. ARTICLE 7. Default Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, LESSOR may, at its option, tenninate this Lease after sixty (60) days written notice to LESSEE, unlcss the default is cured within the notice period (or such additional time ¡¡s is reasonably required to correct such default). Failure of LESSOR to comply with any provision or covenant of this Lease shall constilute a default, LESSEE may. al its option, tenninate this Lease after sixty (60) days written notice to LESSOR, unless the default is cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 8. Modifications to Demised Premises Prior to making any changes, ¡¡iterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR aU proposals and plans for alterations, improvements. changes or additions to lhe Demised Premises for LESSOR'S written approval, specifyir¡g in writing the nàture and extent of the desired alteration. improvement, change. or addition, along with the contemplated starting and completion time for such 2 ---~---~-----_. ---------------- Agenda Item No. 16F9 December 14, 2004 project. LESSOR or its designee will (hen have thirty (30) days within which to approve or deriY3I!!9'ßiog8aid 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 thiI1y (30) days there has been no response from LESSOR or its designee to said proposals or pJans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with ¡¡ny 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 contrary to 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 pennit 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 relieve LESSEE from liability for payment of renl or other sums herein provided or from the obligation to keep and be bound by the (enns, 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 this Agreement or subleuing of the Demised Premises. ARTICLE I I. Insurance LESSEE shall take out and maintain during the course of this Agreement, or any renewal thereof, comprehensive general liability coveruge including bodily injury and property damage, premises and operations coverage, products and completed operutlons 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 poJicy(ies) shall reflect 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 laws. The policy must include Employer's Liahility with a limit of one hundred thousand and 00/100 dollars ($100,000.00) eüch accident. ARTICLE 12. Default by Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have f¡¡iled to perform such obligations within thirty (30) days (or such additional time as is reasonably required to cOlTect such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. 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 CommJssioners cia Re¡¡1 Property Mgml. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: City of Naples 35 8'h Street South Naples, Florida 34102 Attention: City Attorney cc: Office of the County Auomey 3 ARTICLE 14. Surrender of Premises Agenda Item No. 16F9 December 14,2004 Page 7 of 8 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 term of this Agreement or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear excepted. ARTICLE 15. 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 from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. LESSOR grants LESSEE approval for placement of signage, to be approved by LESSOR, at entry points of the City of Naples Fire Station NO.2. The cost of such signage shall not be taken into account in determining LESSEE'S costs pursuant to ARTICLE 6 of this Lease. Except for the period commencing at 7:00 a.m. and ending 7:00 p.m. on any day, LESSEE shall limit its assigned personnel at the Demised Premises to two (2) persons. ' Should LESSOR elect to terminate this Agreement, with cause, LESSOR shall compensate LESSEE for those actual costs associated with the Improvements made tp 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 pn 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, Flprida 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 are exposed to it over time, Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 17. Effective Date This Agreemcnt shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 18, Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 4 -.. ._-~<,,-~~.. ~-- _.__._--- Agenda Item No. 16F9 December 14, 2004 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and s?af5ge 8 of 8 AS TO THE LESSOR: DATED: CITY OF NAPLES , Secretary BY: BILL BARNETT, Mayor WITNESS (signature) print name WITNESS (signature) plinl name AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA , Deputy Clerk BY. DONNA FIALA, Chaj¡man BY: Approved as to form and legal sufficiency: -ill Thomas C Pa!mer Assistant County Attorney 5 Agenda Item No. 16F10 December 14, 2004 Page 1 of 6 EXECUTIVES~Y Approve a Florida Emergency Medical Service County Grant Application, Grant Distribution Form, and Resolution for Training and MedicaIJRescue Equipment in the amount of $112,672.82. OBJECTIVE: To expand and improve emergency medical services utilizing State grant money with no fiscal impact to the County. CONSIDERATIONS: The State of Florida established the Emergency Medical Services Grant Award Program for the expansion and/or improvement of emergency medical services. Recent correspondence from the State of Florida indicates that Collier County's grant award for fiscal year 2005 will be $112,672.82. A Resolution is required to be included with the grant application stating that funds will not be used to supplant the EMS budget and certifying that the grant funds will be used and improve the County's Emergency Medical Services. FISCAL IMP ACT: Training and Medical/Rescue Equipment purchases will be completely funded by the State of Florida Emergency Medical Services Grant Award Program. The money will be deposited and disbursed from Fund 491- Ems Grants. (WSB 443021) GROWTH MANAGEMENT IMP ACT: There IS no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the Florida Emergency Medical Services County Grant Application, Grant Distnòution Form, adopts the necessary Resolution and authorizes the Emergency Medical Services to recognize the fiscal year 2003/2004 carry forward and interest earned on the grant moneys through a budget amendment. Prepared by: Lugene Hamilton Fiscal Tech. Bureau of Emergency Services -, _,_..w_~~..__.,.. Agenda Item No. 16F10 December 14. 2004 Page 2 af6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F10 Meeting Date Approve a Florida Emergency Medical Service County Grant Application, Grant Distribution Form, and Resolution for training and medical/rescue equipment in the amount of $112.672.82 12/14/2004 9:00:00 AM Approved By Jeff Page EMS Dlmctor Date Bureau of Emergency Services EMS 12121200412:52 PM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 12/2120042:18 PM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 12/2/2004 2:47 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 12/2/20045:13 PM Approved By OMB Coordinator Adminístrativß Assistant Date County Manager's Office Office of Management & Budget 12/3/2004 9:04 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1213/2004 10:57 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 12 :57 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/7/2004 8: 30 PM EMS COUNTY GRANT ApPLfCA TION Agenda Item No. 16F10 December 14,2004 Page 30f6 FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services Complete all items 10. Code The State Bureau of EMS wilt assi n the ID Code -leave this blank C 1. Coun Name: Business Address: 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct My signature acknowledges and assures that the County shall comply fully with the conditions outlined in the Florida EMS County Grant Application. Siqnature: Date: Printed Name: Donna Fiala Position Title: ~, 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Lu ene Hamil on Position Title: 1 Address: Tele hone: 239-732-2584 Fax Number: 239-]75-4454 E-mail Address:lueneharnilton@coUierov.net 4. Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre-hospital EMS system and will not be used to supplant current levels of county expenditures. 5. Budget: Complete a budget page(s) for each organization to which you shall provide funds. List the organization(s) below. (Use additional pages if necessary) 1- Medical ìDrnent Total $112.672.82 1 . DH Form 1684, Rev. JUlie 2002 3 BUDGET PAGE Agenda Item No. 16F10 December 14, 2004 Page 4 of 6 A. Salaries and Benefits: For each positiohtìtle, provide the amount of saJary per hour, FICA per hour, other fringe benefits, and the total number of hours. Amount TOTAL Salaries TOTAL FJCA Grand total Salaries and FICA B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excludino expenditures classified as 0 eratin ca ital outla see next cate 0 . List the item and, ifapplicable, the quantity Amount TOTAL $ 58· . 2: C. Vehicles, equipment, and other operating capital outlay means equipment, fi)1.ures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of C'!1e (1) year or more. Listtheitem and, if applicable, the quantity Amount . , M",,~;,....::\l Fan i S54 000.00 TOTAL $ 54.000.00 Grand Tota! $ 112,672.82 DH Form 1684, Rev. June 2002 4 ^ _.,'" _____'_'____"'m" ,.. FLORfDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(a), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre-hospital EMS. DOH Remit Payment To: Name of Agency: rn11ìo.,..-rnllnry Roarà of Corrmissioners Mailing Address: 3301 Tarniami Trai 1 East Naples, FL 34112 Federal Identification number Fed 10 VF' i:)g-hOOOS58 Authorized Official: Signature Date f)nnn;1 'P;;'11;'1 Chairman Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Taffahassee, Florida 32399-1738 Do not write below this line. For use by BureaL' of Emergency Medical Services personnel on Iy Grant Amount For State To Pay: $ Grant 10: Code: Approved By Signature of EMS Grant Officer Date State Fiscal Year: - OrQanization Code E.O. OCA Obiect Code 64-25-60-00-000 N - N2000 7 Federal Tax 10: VF --------- Grant Beginning Date: October 1, Grant Ending Date: September 30, Agenda Item No. 16F10 December 14, 2004 age 5 of 6 DH Form 1767P, Rev. June 2002 5 Approved as to form and legal sufficiency: . k(~. I As ~stant County Attorney RESOLUTION NO. 2004· Agenda Item No. 16F1 0 December 14,2004 Page 6 of 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS CERTIFYING THAT THE APPLICATION FOR AND USE OF EMS COUNTY GRANT FUNDS WILL IMPROVE AND EXPAND PRE-HOSPITAL EMS DEPARTMENT ACTIVITIES AND SERVICES AND WILL NOT SUPPLANT EXISTING COUNTY EMS BUDGET ALLOCATIONS. WHEREAS, EMS Department Paramedics and ParamediclFirefighters provide basic and advanced life support care and highly technical service to the citizens and visitors of Collier County; and WHEREAS, the purchase of equipment and provision of training classes shaH greatly enhance the effectiveness of pre-hospital emergency medical care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; The $112,672.82 in the EMS County Grant will be used to purchase medical/rescue equipment and training classes and these funds will not be used to supplant existing EMS Department budget allocations. This Resolution adopted this _ day of second and majority vote. , 2004 after motion, ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: By: Donna Fiala, Chairman Approved as to fOffil and legal sufficiency: ~~IJ-.Q~~)~ J ueline Hubbard Assistant County Attorney - EXECUTIVE SUMMARY Agenda Item No. 16F11 December 14, 2004 Page 1 of 3 Approve sole source purchase of one "SimBaby" for training purposes of Collier County Paramedics and EMT's for the amount of $40,600. OBJECTIVE: To maximize and enhance the current delivery of care to infant patients. CONSIDERATION: Laerdal Medical of Wappingers Falls, NY has trademarked a product called SimBaby. The SimBaby is a realistic lifelike mannequin that can simulate a severe allergic reaction, cardiac arrest, seizures, drug overdose, and throat closures to train paramedics for a variety of critical scenarios. Training with the SimBaby will better prepare our paramedics and EMT's for critical incidents with babies and children. Assessment, sequencing of critical decisions and interventions, intubations, IV (intravenous) TO (intra ouessous), and medication administrations can be made in exactly the manner in which they would be perfonned in the field on a real infant. The SimBaby comes with a I-year warranty and maintenance agreement. An additional 2-year wamuity can be purchased for $6,000. Service contI'aef extensions would be included as part of the FY 06 budgeting process. I have researched and contacted several vendors and have not been able to find anyone who manufacturers this product. Emergency Medical Services purchased SimMan from this same manufacturer last fiscal year. FISCAL IMPACT:. Funding in the amount $40,600 is budgeted for the SimBaby in Fiscal Year OS. Source of funding is an awarded matching grant from the State of Florida. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. . RECOMMENDATION: The Board of County Commissioners waive fonnal competition and approve the sole source purchase of SimBaby from Laerdal Medical in the amount of $40,600. Prepared by: Lugene Hamilton Fiscal Tech. Bureau of Emergency Services """"'."_..._"...""...."""....",',,.,'~......,...,..,;.. Agenda Item No. 16F 11 December 14, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F11 Meeting Date Approve the sole source purchase of one SimBaby for training purposes of Collier County Paramedics and EMT's to maximize and enhance the current delivery of care to infant patients. This is a previous awarded grant from the State of Florida, 12/14/20049:00:00 AM Approved By Jeff Page EMS Director Date Bureau of Emergency Services EMS 121212004 12: 51 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasin g 12/3120047:37 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 121312004 11 :07 AM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Ofrice Emergency Management 12/312004 11 :28 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 12/312004 12:04 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1213/20043:26 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/6120048:39 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/20049:17 AM Approved By James V. Mudd County Manager Date Board of County Commissíoners County Manager's Office 1217/20047:47 PM Agenda Item No. 16F11 December 14, 2004 Page 3 of 3 Laerdar Siam Man™ Universal Patient Simulator .""",¡:",,,,,,,,,,,_,,,,,«,,,_,~_=,,,,,,,,_.="'_''''~.,W~<'><-; helping save lives Lugene Hamilton Collier County EMS Naples, FL 34112 November 8, 2004 This document is to verify, that Laerdal Medical Corporation is the sole manufacturer and world-wide distributor of the products listed below: Universal Patient Simulators, SimBaby Product #245-00050 And SimMan Product #380004 Laerdal Medical is the sole authorized provider of post-sales support, education and warranty service. Sincerely, Mary Dupree Account Executive Laerdal Medical Corporation 800-648-1851 ext 2689 Laerdal Medical Corporation, 167 Myers Corners Road, POBox 1840, Wappingers Falls, NY 12590-8840 Jeffiey W. Gottfiied. Telephone; (800) 648-1851, ext. #2390 Customer Service (800) 431-1055, Customer Service Fax (800) 227-1143, www.laerdal.com Agenda Item No. 16F12 December 14, 2004 Page 1 of 2 - EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Approve and Ratify the CoUective Bargaining Agreement with the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670. The Agreement is available for public viewing at the Collier County Manager's Office or the Bureau of Emergency Services Office, 3301 East Tamiami Trail, W. Harmon Turner Bldg., Naples, FL OBJECTIVE: For the Board of County Commissioners to approve and ratify the Collective Bargaining Agreement with the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670. CONSIDERATIONS: On December 1, 2004, the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670, through its bargaining unit members, agreed to the tenns of a proposed Collective Bargaining Agreement with the County, as negotiated by County staff, which was subsequently approved by all the members of Local 3670. The effective date of the Collective Bargaining Agreement is October 1,2004. A copy of the Collective Bargaining Agreement is attached to this Executive Summary as Exhibit 1. - FISCAL IMP ACT: No significant fiscal impact will be experienced by the approval and ratification of the Collective Bargaining Agreement because there is no increase in the current salary of Ochopee Firefighters in the Agreement. Further, the Collective Bargaining Agreement essentially follows the County's policies and procedures for non-collective bargaining unit employees including provisions for merit and COLA increases. Funding for this Collective Bargaining Agreement comes from the Ochopee Fire Control District Fund (Fund No. 146). GROWTH MANAGEMENT IMPACT: There IS no growth management impact associated with this Executive Summary. RECOMMENDATION: Approval and ratification of the October 2004 Collective Bargaining Agreement with the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670, is endorsed by the Ochopee Fire Chief and staff. Accordingly, it is recommended that the Board approve and ratify the Collective Bargaining Agreement negotiated with the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670, effective October 1, 2004, and authorize the Chairman to execute the Collective Bargaining Agreement. PREPARED BY: Scott R. Teach, Assistant County Attorney Dan Summers, Director, Bureau of Emergency Services - -,-~.q-~,-,~," __.0__....._".,............,,..'.,..., Item Number Item Summary Meeting Date Approved By Darcy Waldron County Manager's Office Agenda Item No, 16F 12 December 14, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F12 Recommendation that the Board of County Commissioners Approve and Ratify the Collective Bargaining Agreement with the Firefighters of the Everglades International Association of Firefighters. Local 3670, The Agreement is available for public viewing at the Collier County Manager's Office or Bureau of Emergency Services Office, 3301 East Tamiami Trail, W, Hannon Turner Bldg, Naples, FL, 1211412004 9:00:00 AM Senior AdmÎnÎstrative Assìstant Date Emergency Management 1212/2004 4:40 PM Approved By Dan E. Summers County Manager's Office Bureau of Emergency Services Director Date Bureau of Emergenc.y Servícßs 12/212004 5: 18 PM OMS Coordinator Date Approved By County Manager's Office Administrative Assistant Office of Management & Budget 1213/2004 9:55 AM Approved By Robin Johnson County Manager's Office ManagemenUBudget Analyst Date Offlc" of Management & Budget 12/312004 11 :00 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 12/6120049:19 AM Approved By James V. Mudd Board of County Comm issioners County Manager Date County Manager's Office 12/8/2004 1 : 13 PM Agenda Item No. 16H1 December 14, 2004 Page 1 of 3 -, EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public pwpose 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 detennined that attendance at the functions of fraternal, business, environmenta~ educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONIEVENT: Hospice of Naples Open House Reception PUBLIC PURPOSE: To represent District 5 ,- DATE OF FUNCTIONIEVENT: December 16, 2004 FISCAL IMPACT: $20.00 Funds to be paid ITom Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: December 14, 2004 _. r r (" Item Number Item Summary Meeting Date Agenda Item No. 16H1 December 14, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H1 Commissioner Coletta requests Board approval for reimbursement for attending the Hospice of Naples Open House Reception serving on December 16,2004; $20.00 to be paid from Commissioner Coletta's travel budget 12/14/20049:00:00 AM Prepared By Date Nancy Rosiak Board of County Commissioners Executive Aide to the BCC 12/112004 2:24:31 PM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 12/1/20042:47 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/2/20045:13 PM Agenda Item No. 16H December 14, 200 Page 3 of Hospice of Naples invites you and your guest to visit our new staff offices and community conference room, located conveniently between Naples and Marco Island. - - ..-. .-. -- -- _..~ Wnen: Thursday, December 16, 2004 3:00 to 6:00 PM Wnere: Coconut Place Office Park 12336 Tamiami Trail East, Naples (See map on reverse side) for: Hors d 'oeuvres, desserts, beverages featuríng: Entertainment by acoustic guitarists Rigg & Griggs Complimentary mini-massages and aromatherapy treatments Showcase of artwork donated by local artists Please RSVP by Wednesday, December 14 to (239) 649-3697 or pmiller@hospiceofnaples.org p~/~. vJl-fu \pI Agenda Item No, 16H2 December 14,2004 Page 1 of 6 ,- 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 detennined that attendance at the functions of ftatemal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta ~-- FUNCTIONIEVENT: Commissioner Coletta is requesting the Board's payment for: Overnight Hotel Accommodations for the night of December 9, 2004 between the DeCember 9th Southwest Florida Regional Legislative Delegation Reception and the December 10th Issues '05 Southwest Regional Delegation Forum. PUBLIC PURPOSE: Commissioner Coletta is going to stay at Wyn Star Inn and Suites because he has a reception from 5 - 7 p.m. the night before the forum and then he has to attend the forum beginning at 8:30 a.m. the next day. DATE OF FUNCTIONIEVENT: December 9 through 10,2004 FISCAL IMPACT: $79.00 for Wyn Star Inn & Suites. Funds to be paid from Commissioner Coletta's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: December 14,2004 - r r r Item Number Item Summary Meeting Date Agenda Item No. 16H2 December 14, 2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H2 Commissioner Coletta requests Board approval for payment of an overnight stay between Southwest Florida Regional Legislative Delegation Reception on December 9th and the Issues '05 Southwest Regional Delegtion Forum on December 10th; $79.00 to be paid from Commissioner Coletta's travel budget 12/14/20049:00:00 AM Prepared By Date Nancy Rosiak Board of County Commissioners Executive Aide to the BCC 12/1/20042:17:42 PM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 12/1/20043:01 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/2/2004 5:15 PM (ú ::c '¡;:; V! o 0- LI"\ ? VI u.J :J VI VI Q) ..::L. 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Agenda Item No. 16H2 December 14,2004 Page 5 of 6 .--~",; rmrm. Souttwest Regional DelegatJoo~' (1/ t;tL;) . D 5 I Please reserveON¿ indìvidual seats at $30 eaGh for ISSIES '05 f*Y AT 71Ie' )::d)1ê.., (Sponsorship information on reverse.) Attendees {!/)MMlt;S ¡ONe<... J I Ì11 C()(.IJ¡:::J:;L (" L)cJN'TY 6DrÆRNl.1~N'" rAH/~Mi "'TK,lJIL Organization/Company Address '330 I £: City N A¡fIt.£5 Phone (.-2~9 ) 77¢ -J'1!J?7 Fax (..:wt) <7 ttf - .3~ò2- E-mail J~ßJro/e#4 ~ f'ð/A~"v'-"d rL. zip3J:.I/I2- State Cost per person is $30. Checks are payable to ISSUES '05 and should be forwarded no later than Friday, December 3 to: ISSUES '05 c/o Gravina. Smith & Matte 1520 Royal Palm Square Blvd., Suite 160 . Fort Myers. Florida 33919 - ..~..... .. ...---- -...............-:- '. .~...~ , -O\-c-~ ~~@~ ;~ . NOV-JO-l~O~(~~N) illl I i ,,- I I I I I (- I 1'11\1'11 , ~. I ,. I I .-. I 1 . I I I·I.~~:: I I _ I i" ! - I I I I : .1 il. I ,. .' I : " I ; I I I"~ I I ,.. I . \ Id'!, I ~:\ /" I , I ¡'I II I I ~ ¡ r' I I I I I ¡ I I I I I I ,-' I I ,.-' I 1 ~ : J 1 0.. Agenda Item No. ~6ß&1/001 December 14, 2004 Page 6 bf ¡¡µ..¡ I I . --L ~ 7ð: 774-3t:Oz. I 1 Wynrstar INN¡SUITES I 10150 DANIELS PARKWAY· FT. MYERS, FL 33913 I .-." OffiCE (239) 781-5000 · FAX (239) 79f-500t I .' TOLL FREE RESERVATIONS 1-866-791--5000 / 'I ¡I.I.I 11 '301M I .....; I ." I .~ I I :î I~ . ." I ·111 II~ I :~ I . I . r I.. I I .~. I ' ¡ . ,I.J ,I I I I .... I I . . I ',- I .. I 1/1 I II ::~I ,I I I ., I I I _\ I I r.... I ~ I d~.! '1 I 10 I- I .' $INEiLE KINa A\"¡'1VR: 12/09/M 1/9110-215-9i76 Depart; 1211'/~ Guest.; 1 ø RaDII ; 1 Rate 79. . &riaup I tSSlES Paid . æ 6TD IIIleraenø 14..1 RR To: JAÞIES COLATTA lb' i Ô' . 15 I WI" ..!' tian far }i.~\.~.' nubel" gu tln'ival. CANC3..lAT . ceUaUan ~ shawing, p charllRd t: ø ,. . ,.... :::'JtfOl(E FRE.f£ rA':ILITY We 1 aak faY'Ward to yuUr' arrlvill. If therll 11 Inyth1ng II. can du prill\" h your .arrival, please let us knllll. Sincerely, Rllil1"'YiltiaJlht DEI{ IN TDIE: a:u p... !:HECK OUT TIMEa 11108 1.1. . ¡ : ¡ , ,. r t , , ' ,- I . ! III~ Agenda Item No. 16H3 December 14, 2004 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purp~se 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 detennined that attendance at the functions of fraternal, business, environmental, educational, charitable, socia~ professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONIEVENT: Naples Hispanic Chamber of Commerce's First Annual Cbristmas Party - PUBLIC PURPOSE: To represent District 5 DATE OF FUNCTIONIEVENT: December 8, 2004 FISCAL IMPACT: $30.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: December 14, 2004 - - Item Number Item Summary Meeting Date Agenda Item No. 16H3 December 14, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H3 Commissioner Coletta requests Board approval for reimbursement for attending the Naples Hispanic Chamber of Commerce's First Annual Christmas Party; $30,00 to be paid from Commissioner Coletta's travel budget. 12/14/20049:0000 AM Prepared By Date Nancy Rosiak Board of County Commissioners Executive Aide to the BCC 12/1/20042:33:08 PM Approved By Bce Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date Bce Office 12/1/20042:41 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/2/20045:21 PM .................. · '^ ,.~ ~ ~ \ -~ "õ. r ... · ~ ~\ ~ -...~.- ~ ~ ~ ,¿.. .., ~ ~ 8~'- · ~ -~ ~ I..S::I ~ ä ~ ð ~~~ \ ~J:::: ~ ;: I (.j (:I t \. ~ ~ ~ ~ ~~* · I.;¡ ~ ~ "':t- -~ ~~ S 6 ~~ ~ ~ ~E ~ '"" -~ ~ ~~~~ ;:i,. ~ ~\Q ~ ~ ~~ ~ ~~ · ~ ~ ~ 'ð Q ~ t5~~e:¡ ~s* ~ -~ aè ~~~~ ~ ~~ ~~. ... ~~ ~-~ €;I~ -!:S '- ~ èY I t:~t~ .2 -- \b * · ::5' ~ â -~ ~ ;:r-.~ . 5~ ~ ~ ~ S Q ~I ... -~ ~ ~~t~ Q ,~ ~ ~ -"$ ~~ ~ ä ci · ;:: ~ ;:i,. ,g~ '4 ~~* ~ ~ \0;;; ~ ~ ~ ð ~ ~ ~ ~ð~~ ~ ~!:~ ~* · ;:: ~\o;;;O') ..... J1 S ~~"':t- -š ~ ~ ~ ~f .. · .2 I...: · ~* ..............44.. -- .--'..-.--- .------ -~--- .. -,·1 ~" ~ ~ _~ E --.- ~_? \J ~ '- ~ ~§~-.. .5~~g ~ '- ~ ::::: ~ ::::: ~~~§~5 1;:$ ~.~ ...... ~ Ü ":)- ~ ~...s;;... È' ~ ~ ~ ~ .~ ~ < ~ ;... .¡:; -.. :":::~E;::i:Õ C~EC U ~ ...... 0 ::::: ?-..~ ~ o{¡U 0 .2 C ......:::::~ b.()"::::: ~.- & ::::: 6' ~ C .:: ;... J.¿ ~ --e ;...b.()~;..._-.. C ~...c 1;:$ C '- :::::CE...c~ð ~ .-= 1;:$ E ;... ~ ~ :::::'- U ~ E} ~~ ".;".~ '<, ~. S ':"-;;-. . . >- D- C) t.........J ~ ::E ~ ::E::r;:: <::) I-- \...J ::cæ ~~ ~o -------. ~ ...c ":) ...... ":) C ~ ::::: -..-- ~ \:$ ~ ':';:::: .;:: §ª':S~~ ~~ ~.§ ~ . ...... -". ("" ÖÎ,)~~~":) .5 r~ ~ E ~ ~....... ¡¡;: s:" ...... ...c;... ¡¡;: ":) ~ ...... C -- ~,",~\J~ .....,...,,,;::: ~r"'\ ~.2 0 ~'-I. ;:: ":) 0 ::::: ~2c.:::::c ] ~ ~ .~ ] ~ 9.. 0... --e .5 1;:$ ~ ~ ':';:::: ~ ~ ;... y ~ ~ O::~.§\J~ §'E ~ ~ ð § ...... ~ ~ --. ~ -- \J 1;:$ ;... \.:) <IJ ~ ) ~ ~ ~ o:J - c¡¡ e e o u c.- o r.. c¡¡ .J:J. e = .: U N - ~ M 0;\ ~ o ü: '" <> ]- ;1: V"I - 'ë ;:J <> .:: .. o ~ o ..c: '" ~ ::Q o ~ r- N .~ ¡ Co <IJ = Agenda Item No. 16H4 December 14, 2004 Page 1 of 6 -. 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 detennined that attendance at the functions of ftaternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONIEVENT: Kiwanis Club Luncheon - PUBLIC PURPOSE: To represent my district and to hear the dyriamic and inspirational speaker, Dr. Gene Landrum, founder of Chuck E. Cheese, with hopes of him inspiring those attending to be more civic active in the Immokalee Area. DATE OF FUNCTIONIEVENT: December 8, 2004 FISCAL IMPACT: $10.00 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 to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: December 14, 2004 - - .,... T·,,,,",.\.,.,,,,.._·..,.....·..,,...·".H_' Item Number Item Summary Meeting Date Agenda Item No. 16H4 December 14,2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H4 Commissioner Coletta requests Board approval for reimbursement for his attending the Kiwanis Club Luncheon featuring Dr. Gene Landrum as its speaker on December 8, 2004; $10 to be paid from Commissioner Coletta's travel budget. 12/14/20049:0000 AM Prepared By Date Nancy Rosiak Board of County Commissioners Executive Aide to the BCC 12/3/20041:22:44 PM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCe Date Bce Office 12/3/20041:27 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/3/2004 4:43 PM Page 1 of 4 Agenda Item No. 16H4 December 14, 2004 Page 3 of 6 From: Immokalee Inter-Agency Council [IIAC@LlSTSERV.NAPLES.NET] on behalf of Terrie Aviles [terrie_ ws@EARTHLlNK.NET] Sent: Friday, November 19,2004 11:18 AM To: IIAC@LlSTSERV.NAPLES.NET Subject: Fw: !!!Chuck E. Cheese Founder Coming to Immokalee!!! Good morning friends... We apologize for not including a bit more detail on this luncheon. Hopefully the information added with this email will clear up some questions. The total cost of this event is $10.00 which includes a Mexican meal, soft drink and presenter. The meal will be served during the presentation. Tickets will be available on Monday from both Pete Cade and Ana Salazar. For planning purposes a list of names will be taken for those who will be eating lunch. For any additional information please contact Ana at 658-3318 or Pete Cade at 867-3220. --- Original Message ---- From: MrCAvilesta>AOL.COM To: IIAC@LlSTSERV.NAPLES.NET Sent: Wednesday, November 17, 2004 9:19 PM Subject: !!!Chuck E. Cheese Founder Coming to Immokalee!!! Founder of Chuck E. Cheese Conce~ of family entertainment restaurants is coming to Immokalee! Ladies and Gentlemen: Lunch with Dr. Gene Landrum founder of Chuck E. Cheese. Datemme: December 08, 2004 at 1 :00 n",. ïlVI Location: One Stop Career and Service Center 750 South 5th ST., Immokalee, FL The Kiwanis Club of Immokalee will be catering lunch, and Dr. Gene Landrum will be providing a motivational speech. Dr. Landrum will have available some of his nine books, and will be providing free autographs. Dr. Landrum is a high-tech visionary who originated the Chuck E. Cheese concept of family entertainment restaurants and other :file:IIC:\AdLib%20eXpress\Input\Agenda.BCCAGENDA.7804.htm 12/312004 Page 2 of 4 Agenda Item No. 16H4 December 14,2004 Page 4 of 6 successful consumer electronic ventures. He is an entrepreneur turned author, lecturer, educator and marketing consultant. He believes that we are programmed for success or failure and offers hints far altering those inner views that dictate our destiny. He is a visionary who knows how to quantify the dreams for successful implementation. All proceeds from the luncheon will go towards the Christmas gifts for the children of Immokalee. Please join us as we welcome Dr. Landrum into the community of Immokalee. Please RSVP by calling Ana Salazar at 658-3318 or Pete Cade at 867-3220. For more . Information on Dr. Landrum, visit his website at www.genelandrurn.com or contact Carlos Aviles at 503-5567 or by email atmrcaviles@aol.com. . Innovation . Creativitv Entre Gene Landrum is a high-tech visionary who origine Cheese concept of family entertainment restaurantf successful consumer electronic ventures. He is an t author, lecturer, educator and marketing consultant are programmed for success or failure and offers hi inner views that dictate our destiny. He is a visionar quantify the dreams for successful implementation. Landrum has appeared on hundreds of television al and has made 1000 speeches to diverse groups in has appeared on Lifetime television, AP, UPI and h. Capitol in addition to diverse groups such as MENS Inventors, Florida State Educators, Entrepreneurial Associations and has been keynote for many firms. various subjects such as: Web World Change, CriSt Visionary Leadership, Gender & Genius, Strategic ~ Creativity, Entrepreneurship, Organizational Manag Genius, Passion witl} a Purpose and The Keys to G KEYNOTE SPEECHES $1,000 PLUS EXPENSES = 20/45 MINUTES INCLUDES SIX (6) AUTOGRAPHED BOOK · DR. GENE'S LAWS OF CREATIVITY · PASSION, POWER & PERFORMANCE · INNOVATIVE MARKETING · VISIONARY LEADERSHIP file://C:\AdLib%20eXpress\Input\Agenda.BCCAGENDA.7804.htm 12/3/2004 Page 3 of4 Agenda Item No. 16H4 Decernber14,2004 Page 5 of 6 · LAWS OF ENTREPRENEURIAL GENIUS · EIGHT KEYS TO GREATNESS · CRISIS AND THE CREATIVE PROCESS SEMINARS & WORKSHOPS $2,500 HALF DAY; $3.000 FULL DAY PLUS EXPE POWER POINT & WHERE APPROPRIATE AUDIE ASSESSMENTS [INCLUDES TEN (10) AUTOGRA · VISIONARY LEADERSHIP IN MYOPIC WOI · CREATIVITY IN A WEB WORLD · ORGANIZING FOR SUCCESS - TESTING · BRAIN PREFERENCE: o TYPE A OR B BEHAVIOR o CHARISMATIC COMMUNICATIONS o PERSONALITY & JOB PERFORMANCI o SELF EFFICACY (DO YOU BELIEVE?) o RISK-TAKING PROPENSITY · "It is not oftèn that one is fortunate enough tc such depth and inspiration as the one you de National Foundation of Women's Legislators' President NOWL. · "You held the audience in the palm of your h. opening comments" (Wade Keller, IMA) · "Female Genius is a comprehensive educatit an excellent resource for gifted girls who are models" Gifted Education News. · "I was inspired by your address on Eight Key point of opening my own doors" Author Rayn 1999. · "I would like to thank you for being such an it life. "(fan letter). · "Everyone who attended your lecture raved é want him to stop" Jan Loper, President Wele International (Feb 1997). POWER POINT SEMINARS/WORKSHOPS · ViSiONARY LEADERSHiP iN A DIGITAL 'vV · PERSONALITY · THE SUCCESS VARIABLE · ENTREPRENEURSHIP & INNOVATION · BOOKS & FANTASY HEROES · HIERARCHY OF POWER · CRISES & CREATIVITY · PRICING STRATEGIES · FEMALES & SUCCESS · 8 KEYS TO GREATNESS file://C:\AdLib%20eXpress\Input\Agenda.BCCAGENDA. 7804.htm 12/3/2004 Page 4 of 4 Agenda Item No. 16H4 December 14,2004 Page 6 of 6 · STRATEGIC RETAILING · PASSION LEADERSHIP A MUST · LIVING ON THE EDGE & SUCCESS · CREATIVE & STRATEGIC MARKETING · AGE & SUCCESS - Irs NEVER TOO LATE Phone 239.597.9545 Fax 239.597: E-mail: info@genelandrum.con file:/IC:\AdLib%20eXpress\Input\Agenda.BCCAGENDA. 7804.htm 12/3/2004 Agenda Item No. 1611A December 14, 2004 Page 1 of 3 - BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 14, 2004 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITIf ACTION AS DIRECTED: A. Districts: 1. Fiddler's Creek Community Developmènt District -Agenda and Minutes of June 23, 2003; Agenda and Minutes of August 25, 2004; Description of Outstanding Bonds; Proposed FY 2005 Budget; Registered Officer and Agent; Schedule of Regular Meetings; District Map; and Unaudited Financial Statements for May 31, 2004. - 2. Fiddler's Creek Community Development District II - Agenda and Minutes of August 25, 2004; FY 2005 Operating Budget; Unaudited Construction Financial Statements, July 31, 2004; and FY 2005 Schedule of Meeting. Port of the Islands Community Improvement District - Agenda and Minutes of August 20, 2004; Registered Officer and Agent; Independent Auditor's Report. 3. 4. Riviera Golf Estates Homeowners Association - Schedule of Regular Meetings; and Amended and Restated Governing Documents for Riviera Golf Estates (2 sets). 5. Quarry Community Development District - Agenda and Minutes for September 13, 2004 and September 21,2004; Agenda and Minutes of October II, 2004 and October 21, 2004. B. Minutes: 1. Coastal Advisory Committee - Minutes of October 14, 2004; Procedures for the Coastal Advisory Committee and the Original Resolution 2004-01 Adopting those Procedures. 2. Pelican Bay Services Division - Agenda for the Budget Sub-Committee of November 23,2004; and Minutes of October 20,2004. 3. Productivity Committee Meeting - Minutes of October 20, 2004. - H:Data/Format Agenda 11em No, 1611 A December 14, 2004 Page 2 of 3 4. Vanderbilt Beach M.S.T.U. - Summary of Minutes & Motions for October 19,2004. 5. Collier County Planning Commission - Minutes for September 2, 2004. C. Other: 1 ) Caribbean Blue Ribbon Committee - Minutes of July 21, 2004. -, H:Data/Fonnat Agenda Item No. 1611A December 14, 2004 Page 3 of 3 .- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 1611 Miscellaneous Items to file for record with action as directed. 12/14/20049:00:00 AM Prepared By Date Kathleen MartinsQn Board of County Commissioners Administrative Aide to BCC 12/2/20044:00:39 PM BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners Bce Office 12/3/20047:39 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1213/20045:33 PM ------. -.--. - Agenda Item No. 16J1 December 14, 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 detennination whether the purchase orders opened ftom November 13, 2004 through November 26, 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 November 13, 2004 through November 26, 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 detennination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. _.-- ----=-- . - - ~ ------- -.-- -.-.--.....-- - '--...-. - --_. --,,- , ....----.. Prepared By: ~ ' ,., ¡¡(J / 'J': ~;L.· ra¡~~e~l ' Finance & Accounting Finance Director Date: I!/;/~'.y - Reviewed and Approved By: Co ance C. Murray General Operations Manager Date: (.)..)3/0 'I --.._"-~..~...,..,_." Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No. 16J1 December 14, 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J1 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. A copy of the Detailed Report is on display in the County Manager's Office, 3301 East Tamiami Trail, W, Harmon Turner Building, 2nd Floor, Naples, Florida. 12/14/20049:00:00 AM Management & Budget Director Date Office of Management & Budget 12/6/20048:24 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/6/2004 6:44 PM 1- Agenda Item No. 16J2 December 14,2004 Page 1 of 2 EXECUTIVE SUMMARY IN COMPLIANCE WITH THE PURCHASING POLICY, REPORT TO THE BOARD OF COUNTY COMMISSIONERS THE TOTAL DOLLAR AMOUNT OF INTEREST PAYMENTS THAT WERE MADE DURING THE PRECEDING FISCAL YEAR FOR VIOLATIONS OF THE FLORIDA PROMPT PAYMENT ACT. OBJECTIVE: Report to the Board of County Commissioners the total dollar amount of interest payments that were made during the preceding fiscal year for violations of the Florida Prompt Payment Act. CONSIDERATIONS: Section XI of the Collier County Purchasing Policy which is entitled Payment of Invoices, requires the Finance Director and Purchasing Director to submit to the Board of County Commissioners a joint report listing the number and total dollar amount of interest payments made for violations of the Florida Prompt Payment Act for the preceding fiscal year. For the fiscal year 2004 there was one violation of the Florida Prompt Payment Act, which is highlighted below: Number Vendor Date ofPavment Interest Amount - 1. Florida State Underground, Inc. October 3, 2003 $7,397.91 This item was presented to the Board of County Commissioners for authorization to pay ,on the October 28,2003 Agenda as Item 16C(6). FISCAL IMPACT: As the item was previously paid, there is no fiscal impact to this item. RECOMMENDATION: In compliance the Collier County Purchasing Policy, accept this joint report prepared by the Finance Director and Purchasing Director, documenting the number and total dollar amount of interest penalty payments made for fiscal year 2004 for violations of the Florida Prompt Payment Act. Submitted By: d.,..... ;r:" ~ J es L. Mitch~ll Director of Finance and Accounting Date: /zþ)ø<¡ SUbmìttedBY:~~ c¡. ~ Steve amen Director of Purchasing Date: (1-]03/04 ""'''i.'',.''_~'_''-'''';~'''' ~_, Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No, 16J2 December 14,2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J2 In compliance with the purchasing policy, report to the Board of County Commissioners the total dollar amount of interest payments that were made during the preceding fiscal year for violations of the Florida Prompt Payment Act. 12/14/20049:00:00 AM Management & Budget Director Date Office of Management & Budget 12/6/20043:38 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 12/6/20047:03 PM Agenda Item No. 16K1 December 14,2004 Page 1 of 6 - EXECUTIVESUNrnÆARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary Lou Adsit, Individually and as Trustee, for Parcel No. 181 in the amount of $163,900 in the lawsuit styled Collier County v. Mary Lou Ad~it, et al., Case No. 04-506-CA (Vanderbilt Beach Road Project 63051). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Mary Lou Adsit, Individually and as Trustee of the Trust Agreement dated December ] 6, ] 999 ("Respondent"), in the amount of $163,900.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. ] 81 in Collier County v. Mary Lou Adsit, et ai., Case No. 04-561- CA. CONSIDERATIONS: On June 29, 2004, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 181 for the Vanderbilt Beach Road Project (Project No. 63051). On July 15,2004, Collier County deposited with the Registry of the Court the sum of $149,600.00 for Parcel 181 in accordance with the Order of Taking. - The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $163,900.00 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 $14,300.00 to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $163,900.00 for Parcel 181, 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. There are currently no attorney's fees or costs associated with this matter. 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 $14,300.00 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 of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Agenda Item No. 16K1 December 14,2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K1 Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary Lou Adsit, for Parcel No. 181 in the amount of $163,900 in the lawsuit styled Collier County v. Mary Lou Adsit, et aI., Vanderbilt Beach Road Project 63051. 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Jeffrey C. Clapper Legal Assistant 11/23/20042:56:19 PM County Attorney County Attorney Office Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 11/24/200410:40 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 11/24/200410:47 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 11/24/20041:28 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 11/24/20044:38 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 11/30/20045:46 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Dat!'! Transportion Services Transportation Services Admin. 12/3/2004 6:38 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1,2/3/200410:03 AM Approved By Agenda Item No. 16K1 December 14, 2004 Page 3 of 6 OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/3/2004 11 :01 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/20043:40 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/20048:17 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12/6/2004 8:08 PM Commissioners Agenda Item No. 16K1 December 14, 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.: 04-0506-CA Petitioner, Parcel No.: 181 vs. MARY LOU ADSIT, INDIVIDUALLY and as TRUSTEE OF THE TRUST AGREEMENT DATED DECEMBER 16, 1999, et aI., Respondents. ! OFFER OF JUDGMENT TO: Mary Lou Adsit, Individually! Trustee 12645 Ellsworth Rd. Baldwinsville, NY 13027 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, MARY LOU ADSIT, INDIVIDUALLY and as TRUSTEE OF THE TRUST AGREEMENT DATED DECEMBER 16, 1999 ("Respondent"), for all compensation, including severance damages, statutory interest, 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 181, in the total amount of One Hundred Sixty-three Thousand Nine Hundred and NollOO Dollars ($163,900.00), for Parcel 181, which includes the amount of $149,600.00 which was deposited pursuant to the Order of Taking dated June 29, 2004. All compensation paid in accordance with this offer will be subject to the apportionment claims, if any, of the mortgage holder. Agenda Item No. 16K1 December 14,2004 Page 5 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: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER 2 Agenda Item No. 16K1 December 14,2004 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.: 04-0506-CA Petitioner, Parcel No.: 181 vs. MARY LOU ADSIT, INDIVIDUALLY and as TRUSTEE OF THE TRUST AGREEMENT DATED DECEMBER 16, 1999, 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, MARY LOU ADSIT, INDIVIDUALLY and as TRUSTEE OF THE TRUST AGREEMENT DATED DECEMBER 16,1999, as to Parcel 181 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 U.S. Mail to Mary Lou Adsit, 12645 Ellsworth Rd., Baldwinsville, NY 13027, and a copy of this Notice has been sent to those parties listed on the attached Service List on this _ day of December, 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, ESQUIRE Florida Bar No_ 0966770 ATTORNEY FOR PETITIONER Agenda Item No. 16K2 December 14, 2004 Page 1 of 5 EXECUTIVES~Y Recommendation for the Board of County Commissioners to Approve an Agreed Order and Authorize Payment of Engineering Fees for Parcels 117, 133, 717 A, 717B and 733 in the Lawsuit Styled Collier County v. Calusa Bay Master Association, Inc., et. aL, Case No. 02-2040-CA (Goodlette-Frank Road Project #60134). OBJECTIVE: That the Board of County Commissioners approve an Agreed Order and authorize payment of engineering fees with respect to Parcels 117, 133, 717 A, 717B and 733 in the lawsuit styled Collier County v. Caiusa Bay Master Association, Inc., et ai., Case No. 02-2040-CA. CONSIDERATIONS: On September S, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcels 117, 133, 717A, 717B and 733 for the GoodJette-Frank Road project (Project #60134). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $402,100.00 for Parcels 117,133, 717A, 717B and 733, thereby vesting title in the parcels in Collier County. '- The parties reached a settlement agreement at a mediation conference held on November 17, 2003 and a Stipulated Final Judgment was entered by the Court on December 30,2003. The County is now required to pay the reasonable costs of the property owner pursuant to Section 73.091, F.S. All of the owner's experts, except for its engineer, have been paid. Through negotiations, the property owner has agreed to accept $39,000.00 for its engineering costs, although it was invoiced $47,812.70. The County Attorney's Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A". FISCAL IMP ACT: Funds in the amount of $39,000.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source offunds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order and authorize payment of $39,000.00 to Calusa Bay Master Association, Inc. for engineering fees for Parcels 117, 133, 717A, 717B and 733. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney ,,- Agenda Item No. 16K2 December 14, 2004 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K2 Recommendation for the Board of County Commissioners to Approve an Agreed Order and Authorize Payment of Engineering Fees for Parcels 117, 133, 717 A, 717B and 733 in the Lawsuit Styled Collier County v, Calusa Bay Master Association, Inc., et aI., Case No. 02- 2040-CA (Goodlette-Frank Road Project #60134), 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Heidi F. Ashton Assistant County Attorney 12/2/2004 9:49:24 AM County Attorney County Attorney Office Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 12/2/2004 4:45 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/3/2004 7:01 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 12/3/20048:50 AM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 12/3/2004 9:05 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 12/3/2004 9:06 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/3/200410:11 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/3/200410:34 AM Approved By Agenda Item No. 16K2 December 14, 2004 Page 3 of 5 Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/20043:50 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 8:31 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12/7/2004 12:51 PM Commissioners 12/01/2004 1S:0S FAX Agenda Item ~8.0MK'~ 4 December 14,2004 Page 4 of 5 IN THE CIRCIDT COURT OF THE TWENTIETH JUDICIAL CiRCUIT IN AND FOR COLLIER COUNTY, FLORIDA' CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of FIori~ Petitioner. Case No.: 02-2040-CA Parcel Nos.: 117.133. 717~ 717)3 &733 vs. CALUSABAY MASTER ASSOCIATION, INC., et &1, Respondents. I AGREED O~E:& THIS CAUSB. having come before the Court upon joint motion made by Petitionor, COlLIER. COUNTY, FLORIDA. by and through its undersigned counsel. and Respondent, CALUSA BAY MASTER ASSOCIATION, INC_. by and through its undm:signed counsel, for entry ofan Agreed Order, and the Court, being fully advised in the premises, it j$ hereþy ORDERED AND ADJUDGED that Respondent, CALUSA BAY MASTER ASSOCIATION, INC., receive fi'om Petitioner. COLLIER COUNTY. FWRIDA, the sum of Thirty-Nine Tboas..d DoUan IInd No/tOO (539,000.00) fur engineering fees incum:d in connection with Parce1s 117, 133. 717 A. 717B and 733; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shaD disburse the sum of Thirty-Nine Tkousaad DoUan and No/tOO (53',000.00) to the CALUSA BAY MASTER ASSOCIATION. INC. c/o Michael R. Whitt. Esquire, BECKER &. POUAKOFF, P.A., 14241 ___._",,_u,_> IfV " rtf1 004/004 Agenda Item 1'\10. 16K2 December 14, 2004 Page 5 of 5 12/01/2004 16:09 FAX Metropolis Avenue, Suite 100. Fort Myers. FL 33912, for e:nginr:sCIÌIlg fees for Parcels 117, 133, 717A, 717B and 733_ DONE AND ORDERED this _ day of , 2004. in Naples. Collier County, Florida. CIRCUIT COURT JUDGE Conformed copies to; Hcidi F. Ashton, Esquire Michael R, Whitt, Esquire E. Glenn Tucker, Esquire Bookkeeping JOINT MOTION The Parties, by and through their undersigned attorneys, heœby move for entry of the foregoingAgrecd Order as to Parcels 117, 133, 717A. 117B and 733. Dated: (j) HEIDI F. ASHTON, ESQUIRE Florida Bar No. ~ 0966710 COUNTY ATTORNEY'S OFFICE Hannon Turner Building 3301 East Tamiami Trail NapJes, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimil~ AITORNEY FOR PETITIONER Dated: MICHAEL Florida Bar 20 BECKER &POLIAKOFF, P.A, 14241 Metropolis Aven~ Suite 1000 Fort M)'mI, FL 33912 . (239) 433-7707 - Telephone (239) 433-5933· Facsimile ATTORNEY FOR RESPONDENT 2M031_1.DOC Agenda Item No. 16K3 December 14, 2004 Page1of13 EXECUTIVESU~Y Recommendation to approve the Mediated Settlement Agreement as to Parcel 116 in the lawsuit styled Collier County v. Northside Construction Company, etøL, Case No. 00-0136-CA, Pine Ridge Road Project 60111. OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment as to Parcel 116 in settlement of the lawsuit entitled Collier County v. Northside Construction Company, et aI, Case No. OO-0136-CA. CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 116 for the Pine Ridge Road project (Project No. 60111). On April 20, 2000, Collier County deposited into the Court Registry the sum of $18,200.00 for Parcel 116 in accordance with the Order of Taking. On October 28, 2004, at a Mediation Conference the parties agreed to a Mediated Settlement Agreement whereby the property owner will be fully and fairly compensated for the property interest taken for public purposes enumerated in the resolution of condemnation (Resolution No. 99-228). The County is represented in this matter by Craig B. Willis, Esq., FIXEL, MAGUIRE & WILLIS. ,_.. The proposed Stipulated Final Judgment provides for $118,200.00 to be paid to Respondent, Frank C. Craparo, as full compensation for the property rights taken as to Parcel 116. If approved by the Board of County Commissioners, the County will pay an additional $100,000.00 above the good faith deposit. The County is not responsible for any costs or attomey"s fees in this matter. The majority of the increase in compensation for settlement purposes is attributable to an increase in the market value of the part taken. This portion of Pine Ridge Road was undergoing rapid change in the character of the roadway and appreciation of market values of properties along the corridor. This property is located less than a half mile west of the interchange with Interstate 75, and approximately 900 feet east of Livingston Road. The properties to the east are within the Interchange Activity Center, and the properties to the west are commercial at the intersection of Livingston and Pine Ridge. Although the property was appraised prior to the Order of Taking as residential and zoned agricultural, the highest and best use of the property and the probable rezoning potential for the property would be commercial. The property is appropriately considered in-fill for commercial purposes. A jury verdict for a portion ()f a larger tract of vacant land at the corner of Pine Ridge Road and Whippoorwill Lane was $10.00 a square foot. The County has previously settled the parcel immediately adjacent to the subject property for $8.00 a square foot. Using this value for the amount ofland acquired for this parcel, the land value alone would be $ 90,632.00. ,- In addition, there were certain improvements contained within the area of the take which were not valued in the County's initial appraisal, which include fencing and landscaping, as well as some damages to an existing berm, which occurred during the construction of the six-laning 1 Agenda Item No. 16K3 December 14,2004 Page 2 of 13 ,,-... improvements to Pine Ridge project. Finally, the County will not be responsible for any costs, interest or attorney's fees in this matter. Staff has reviewed the County's obligations stated in the proposed Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $100,000.00 are available in the FY 2005 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: Consistent with the Capital Improvement Element and the Transportation Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Mediated Settlement Agreement; 2. Approve the expenditure of the funds as stated; 3. Approve the proposed Stipulated Final Judgment based on the terms of the Mediated Settlement Agreement and authorize payment accordingly. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney ,,-... .--- 2 Agenda Item No. 16K3 December 14,2004 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K3 Meeting Date Recommendation to approve the Mediated Settlement Agreement as to Parcel 116 in the lawsuit styled Collier County v. Northside Construction Company, et aI., Case No. 00-0136- CA, Pine Ridge Road Project 60111. 12/14/20049:00:00 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11/17/2004 4:42 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 11/18/2004 4: 29 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 11/19/200411 :01 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 11/24/200410:30 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 11/2412004 10:39 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 11/30/2004 5:45 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/3/2004 10:50 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/3/2004 11 :36 AM Approved By Agenda Item No. 16K3 December 14,2004 Page 4 of 13 Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/6/20048:54 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/200412:22 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 12/6/20046:09 PM / ./ r \- " Agenda Item No. 16K3 December 14,2004 Page 5 of 13 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY~ FLORIDA CIVIL ACTION COlLIER coUNTY, FLORIDA, a po1itical subdivision of the State of Florida, Plaintiff, Case No.: 00-0136-CA Parcel No.: 116 NORTHSIDE CONSTRUCTION COMPANY, et ai, Respondents. I MEDIA TED SETTLEMENT AGREEMENT At a Medíation Conference'held on October 28,2004, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Defendant, Frank Craparo the sum of $ 118.200.00 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, and attorney's fees, expert's fees, and costs. 2. Petitioner is entitled to a credit in the amount of $ 18,200.00 which was previously deposited in the Registry of the Court in tins case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved fonn of Stipulated Fina] Judgment of this matter as soon as practical hereafter. 4. Petitioner will pay Defendant(s) the balance due of $ 100,000.00 within ..â!L- days of the entry of the Stipulated Final Judgment by the Court 5. This Agreement is subject to approval by the Board of County Commissioners of Collier County. 6. Attached hereto is an Addendum to this Agreement. x Yes No cw ~ Agenda Item No. 16K3 December 14, 2004 Page 6 of 13 7. This Agreement and the attached addendum, if any. contains all of the agreements of the parties. ~1f:/ {!: ~ Mediator L: Agenda Item No. 16K3 December 14, 2004 Page 7 of 13 ADDENDUM TO l\1EDIATED SETTLEMENT AGREEMENT This settlement is made subject to the fonowing additional conditions: TIùs settlement agreement expressly reserves to the Defendant the right to pursue a legal claim relating to a directional median opening previously addressed in a 1982 Settlement Agreement for a period of two years from the date of this mediated settlement agreement. This reservation is not to be construed as an admission by the Petitioner to the validity of any claim to said median opening. ~ \...;, \ \ ~a i- ~ ~ ð... s;. ~ ·\...,A..~ ,.-f \:¡.... -k \-"~"".I J. e.t:..::a1'" 0.. S So e,..~~ .ç... "''+\...'10 -+\.0.0 0 '{ -..r ~ U" 0 l 0" +; ~-t,,' ~~- P tioner ~(!, Defendant ~ Mediator t" Agenda Item No. 16K3 December 14,2004 Page 8 of 13 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision ofthe state of Florida, CASE NO.: OO-0136-CA Petitioner, PARCEL: 116 vs. NORTHSIDE CONSTRUCTION COMPANY, et al. Respondents. STIPULATED FINAL JUDGMENT AS TO PARCEL 116 TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, FRANK C. CRAPARO, PRO SE, for entry of a Stipulated Final Judgment as to Parcel 116, 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 the full compensation due the Respondent, FRANK C. CRAP ARO, PRO SE, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, FRANK C. CRAPARO, PRO SE, recovers from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Hundred Eighteen Thousand, Two Hundred and NO/I00 Dollars ($118,200.00) for Parcel 116 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire Agenda Item No. 16K3 December 14,2004 Page 9 of 13 property was taken, and for all other damages, c1aims and attorney fees, expert fees and costs in connection with said parcel; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit of Eighteen Thousand, Two Hundred and NO/l00 Dollars ($18,200.00), which was deposited in the Registry of the Court in accordance with the Order of Taking and withdrawn by the Respondent; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shan disbmse the total amount of One Hundred Thousand and NO/tOO Dollars ($100,000.00) to FRANK C. CRAPARO, PRO SE, Post Office Box 9362, Naples, Florida 34101; it is further ORDERED that title to Parcel 116, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUN1Y, FLORIDA, pursuant to the Order of Taking dated April 6, 2000, and the deposit of money heretofore made, is approved, ratified, and confinned; it is further ORDERED Respondent, FRANK C. CRAP ARO, PRO SE, reserves the right to pursue a legal claim relating to a directional median opening previously addressed in a 1982 Settlement Agreement for a period of two years from the date of the mediated settlement agreement, October 28, 2004. This reservation may not be construed as an admission by the Petitioner as to the validity of a claim to said median opening. There wil1 not be a statute of limitations defense asserted for this two year period of time; it is further ORDERED that pursuant to Section 74.051(3), F.S., and as to Parcel 116, 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 2 -.-...."" Agenda Item No. 16K3 December 14, 2004 Page 10 of 13 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 the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2631, Page 188 of the Public Records of Collier County, Florida be dismissed as to Parcel 116; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of .2004. HONORABLE TED BROUSSEAU CIRCUIT COURT JUDGE Confonned Copies to: Frank C. Craparo, Pro Se Ellen T. Chadwell, Esquire Eugene Calvert Craig B. Willis, Esquire Glenn Tucker, Esquire 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 Pared 116. 3 Agenda Item No. 16K3 December 14,2004 Page 11 of 13 Nov··1T"ZOIW 11111.. fr.-(1I111.r C..ntJ AUtun.1f +7140221 T-I71 p.DDS/anT F"1IT . Da1cd: lj- J 7- (J¥ ~1:;.~ Post Orfic:e Box. ~62 Nap\es.. Plorido 34101 - _ . Willis, Esquire f10rida Bar No: 0251656 PIXDL. MA.OUIRE. 8r. wo:...US 211 South Cad.1den Stret!L Tallahassee. florida U301 Telephone: (850) 681-1800 Facs¡mile: (S~) 651-8780 AtTO~NE".i FOR f'r; 1 mON'ß'R Dated: ~CATE OF SEltVXŒ ¡ tŒ1lEB"i c:.EP.1'1FY lb.. a tt\).e ånd r:nrrect copy of the furc!I,Oing has been fl.ltt'lidled by United SUl.1.c8 Mail CO PnnJt r.. Craparo. Pro Sc, Poat Office Bœ 9'361, N~:¡es, PlClrida 34101. Ellen. T. CbDdwpJI. Esqulre. Comer CO\1'I'Il)' Attomcy's Office, Comer CountY Counhou."IC, 3301 East TlUD.lami 1'J;a11, I'ilepklll, FL 3411.:2--4902 and Colliei' Co~ntY TWIo Collector. 010 GI.... Tu.diiêr'~ Esquire, ø.HOPES, TUC1CER &. GA.l<IUSTSON. 950 t-. QJ1'h Col1ier·Bou1ev~rd, M~o Island. 'F1oricb 34145 Oft rhls _ day or Navcmbcr, 2004. CTlie IS, WOOl, Esquire 4 9 Q gggg~þO I ~g 'ON/~Þ: 0 ~ 'lS/H: 0 ~ voo, u ~ ~ (03111) SlllfM ONV '3Hlnsvw 'i3XI~ WDH~ '; ,d. .. -¡ - , , . PUBLIC NORKS ENGINEERINGOt;:¡PARTMENT . 3301 EASTTAMIAA!1 TRAIL .... . "NAPLES, FtORlPA-~41~' (941) 774.8192 Agenda Item No. 16K3 December 14,2004 Page12of13 "'ll~" L:4'.i I; Qd:J PROJECT NO.._._...........{g.f2I.LL : PROJECTPARCE\. NO........JI.6...... 1 AX PARCel NO.a.O.2 B.B.CJ:lD,CW.Q._... EXH,}BIT ~~J>~.ï.~ r..' .' . M... .15. ..0 irf.~ ~ æ. '._. .,' eæ;,.......,~_.-DAiE..Î..¢:zJ;.. .fÐ ~~R.RlCHMOND . :.... PRPf~SSIONAl~OI.S~. ..... ·F1...R~"~; PUBJJCWCRKS ENGIN~DEPI\.RT~.··· COLlIER C()UN' )"GOVERNMe'NT COMPl5X .'. . :1301 EAST 1'ÞoIiMAMI tRAIL . :. ,é, . "'2": NI\P!.E$, FI.CmIOA 3411%; SHEET 1 OF . LEGALDEªCRIPTION,(NOT A SURVEY) fee si~ple t~~le A PœTION 01' ~LYmO 1NSSC'nON 18. TOWNSHIP ", SOV1H.1tANåB 26 EAST,cOLLIM. COUNTY, FtOIUDA,AND SBINO:MORSPAR1tC1.lLtJ1L Y DESCP.tBBD AS roLLOWS: . . COMMENC'lIiO AT TIm NOIl~ CORNEll OF SAm SECTION II; TlŒNÇH NOR.11{ 89 DI!GtumS 3 oj, MINI1mS ~SI!CONDS HAST ALONOtHE NOR'nf WŒ OF 8,I,JJ) . S1!CTION 'I, A DISTANCB OF 96Ül FBBr: TIII!Nœ ŠOtlrHO DEGaEES:U' . MfNUTES IS SECONbSEA5'I', ADIST.Ult:BqF84.0IPBln' TOTØS SOt/TJi roûH'J'01' WAY LlNEOP PINE R1l!OE'ROAI) (C.R. 896) AND 1'H£POIJIITOf'· . IfBGlI'lN1Nt1; SAlJ)PC) ,t.rr BEING "J1it'øaoINMNG OF A NON.TAHCmrrCUIt:II'J!.. · c:QNCAVlf'töTHBSoom. HAVJNGAIUIDJUSOFJ6S4.51 FBBT. ACI!N1'RALANGLB · OF '1 0HGRIiES 4' MlNUTI!S5ØSEœ~JJG)A OIO!DDI' 179.32FEEr~O · SOtmf., DEGJUœS 4S MmUT.ES .cl5ficœ.lÞa ßA~ 'I1UiNCB EAST AI...ONQ SAID CUIlVE.A D1STAJoiCE OF (¡'».3$ JI1!ET; tI:lENCBSOtmf.. p8CRBES 20 MINU11IS 44 SECONDS BASi. A DlSTANCeOl" C4.)O~~souTØ<I DE.GI.IEI!S.D MlNUtES55SECON!l5I5AST. ADIST~OP ,5.»FËIiI'; 11JDICE! NORTH....·.··; D1KilŒIiS lOM1W1'U 44 s¡!t:ONDS wasr;A DISt'ANæ 01' .'.GD P1!BTTO'rtI !;,> pOINT OJrCtJll,VA~ OF A TA:NCiBNT CVIlVB. œNCAV8 TO "'SOIJ1'H,. ~~ It. RADWSO¡r '6J'.5. Fm!I' ANQ A. t::SN'!':R4AJØ,B OF 2 DI!ORJ!BS....MINUm$39 SøcON!lS~THBNœ WEST IJßNQ SA.IO ~ya¡, A01STANCB 01'21$.611'1œ.T; . nmNCE NOnTH 0 .DBOREES:!àMlNITms I' SECONDS WEST..à DISTAwca OF 35.05 I'EETTo næ POINT OF !leG!NN1NO; SAJI)~CU8EÐ TRAC'r CONTAININO 0.260 ACRE (11.J29 SQUARE PI:In1,ldORI! on LBSS. . BASIS 01'" BIiARlNGS lSt1ÐnIORTH LDlÊOP SAID SEC'nON .1 B6lNG NOR.TK 19 DECiPJœS 34MIN\Tt'E&)6 SECQIoIDS UST. PARCEl.. '.." . \, EXHIBIT 1\. A'" .. .. ,\ .. PUBLIC:WO:RKS ~ ENrf;,i:NEEBlNQ",ÞEF:JARTMENT 3301 EAST TAMiAMi TRAIL" .. .NAPLÈŠ,'i=lORIOA 3~1;';2.,:, 194ï)77~~"~2 II . . I.¿ ( . I I, I ".~.~~~~ ¡ 967.>2' I ~ P.D,C. Hortn."as~ CDfTIW of Section 'B, Twp. 49 s., 'Rqe 26 t. COllier County. FloI'ldc ., ~ ., . .... .--. , , . "'.....'-',.. ~.. ~ SKETCH OF DESCRIPTION ~ --------_....'...- Rtld\IJS "'S6~Ü5:B' C::;.: Q2'49'50' . AM' =: 27'.35' 'Chord'" 279.32' CI-Iór'd Dr"" S.es'45','I1'~, 1 cuMìÎ!'m,¡I'Ibel"'ë! ---~......;...;,;..------ :.. R<l.dlus" 5619~a' A = œ"48'39' Arc = e75.6B' t;¡,ord ..275;66' '.' .. Çhora 81'" 9. ::N;85i4S'~4'!il¡ ., I' ....j S.84"20' 44-E:. 44.~O· . ".- GENERAL NI1Te:S ',' . 1~ p.ne. Ind\c;o..te. Polno!: DF CD1'IP\enc::lt1IIe,,.t 2) ?D,¡' 1nd1ccte" Po'rn't of'. BeQlnrï1ng 3) Sec.lndlëa.1:Ë!s SectlOtl 4) Twp. InclJj;;Q."tn Towns;hlp' 5) Rs;¡e, 1ndr1:::1':tl!S~!1f\g~ .'. . G)R1Y Indlc(ites RIgl1t-oP"'I'IC.Y ,', .' ... ... 7) lilt d(sto.nce~ <1.1",,11' fve't aoncf dtllõll'1<1.\¡; th,,.lfoP 8) Bnr-Ings ortl bc.sed on'th1t Nol"''tl'l Un~ ~ Sectlor\ 18 Q.Sbelng N.e':J'3""3G'E. '. ';¡). Ho,\< voUI:jU1\\e55 51gt'leâ o.ncl sltc.\rd .tth "chI!' rM'oc$lec:l ·sec.\ ol''the þi"Of~55\Qr'~ lOl'1d surveyo,. THIS \S ONL'tA $KErcl~ IIMWK II~ Ll-tR. fU w;. Agenda Item No, 16K3 December 14,2004 Page 13 of 13 . ;, : :,~ -;-¡ L I, I . :ì: I'~J lðb\ : :.1 o 10 æg ~51, 6:, -f If t , .- " 116 " t~ - .~ ~ .1 Agenda Item No. 16K4 Decembel-14,2004 Page 1 of 7 ,- EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondents, Jack V. Harrison and Juanita Harrison, for Parcel No. 122 in the amount of $12,500 in the lawsuit styled CoUier County v. Village Walk Homeowner's Assoc. of Naples, Inc., et aL, Case No. 04-345-CA (VanderbDt Beach Road Project 63051). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Jack V. Harrison and Juanita Harrison ("Respondents"), in the amount of $12,500.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 122 in Collier County v. Village Walk Homeowner's Association of Naples, Inc., et al., Case No. 04-345-CA. CONSIDERATIONS: On June 4,2004, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 122 for the Vanderbilt Beach Road Project (Project No. 63051). On June 17, 2004, Collier County deposited with the Registry of the Court the sum of$10,600.00 for Parcel 122 in accordance with the Order of Taking. - The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $12,500.00 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 requITe 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 $1,900.00 to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $12,500.00 for Parcel 122, 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. 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 $957.00. 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 tenns of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $2,857.00 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; - ,-- ,-- Agenda Item No. 16K4 December 14,2004 Page 2 of 7 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 2 Agenda Item No. 16K4 , December 14, 2004 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K4 Recommendation to authorize the making of an Offer of Judgment to Respondents, Jack V, Harrison and Juanita Harrison, for Parcel No. 122 in the amount of $12,500 in the lawsuit styled Collier County v. Village Walk Homeowner's Assoc, of Naples, Inc., et aI., Case No. 04-345-CA (Vanderbilt Beach Road Project 63051), 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Jeffrey C. Clapper Legal Assistant 11/24/20043:53:07 PM County Attorney County Attorney Office Approved By Transportations Services Principal Project Manager Transportation Engineering and Construction Management Date Eugene Calvert 11/24/20044:43 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 11/29/20042:52 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11/29/20045:45 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 11/30/20042:14 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 11/30/20045:47 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/3/20046:46 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/3/200410:52 AM Approved By Agenda Item No. 16K4 December 14, 2004 Page 4 of 7 OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/3/2004 11: 37 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/2004 3:45 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/20048:16 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/7/200412:31 PM Agenda Item No. 16K4 December 14, 2004 Page 5 of? 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 No.: 122 VILLAGE WALK HOMEOWNERS ASSOCIA nON OF NAPLES, INC. et al. Respondents. / OFFER OF JUDGMENT TO: Jack V. Harrison Juanita Harrison c/o Tim Ferguson, Esquire Ferguson Law Group 4265 Bonita Beach Road Bonita Springs, Florida 34134 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, JACK V. HARRISON and JUANITA HARRISON ("Respondents"), for all compensation, including severance damages, statutory interest, 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 122, in the total amount of Twelve Thousand Five Hundred and No/tOO Dollars ($12,500.00), for Parcel 122, which includes the amount of $10,600.00 which was deposited pursuant to the Order of Taking dated June 4,2004. This offer is being made jointly to Jack V. Harrison and Juanita Harrison, and can only be accepted by both Respondents. 1 Agenda Item No. 16K4 Decembe¡" 14, 2004 Page 6 of 7 All compensation paid in accordance with this offer will be subject to the apportionment claims, if any, of the mortgage holder. 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 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 December 14, 2004 Page 7 of 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 04-345-CA v. Parcel No.: 122 VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC. et a1. 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, JACK V. HARRISON and JUANITA HARRISON, as to Parce1122 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 Tim Ferguson, Esq., FERGUSON LAW GROUP, 4265 Bonita Beach Road, Bonita Springs, FL 34134 and a copy of this Notice has been sent to all parties listed on the attached Service List on this _ day of December, 2004. .' OFFICE OF THE COUNTY ATTORNEY Hannon 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. 16K5 December 14, 2004 Page 1 of 10 ,- EXECUTIVESUNmdARY Recommendation to approve a Stipulated Final Judgment as to Parcel 102 in the lawsuit styled Collier County v. Pelican Marsh Community Development District, et aL, Case No. 04-1532-CA (Vanderbilt Beach Road Project 63051). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment for payment of full compensation for the taking of Parcel 102 in the lawsuit styled Collier County v. Pelican Marsh Community Development District, et aI., Case No. Q4-1532-CA (Vanderbilt Beach Road Project 63051). CONSIDERATIONS: On June 4, 2004, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 102 for the Vanderbilt Beach Road Project (Project No. 63051). On June 17, Collier County deposited into the Court Registry the sum of $122,400.00 for Parcel 102 in accordance with the Amended Stipulated Order of Taking. The Stipulated Final Judgment provides for $130,977.26 to be paid to Respondent, Pelican Marsh Community Development District, as full compensation for the property rights taken as to Parcel 102. If approved by the Board of County Commissioners, the County will pay an additional $18,214.26 above the good faith deposit, which will include engineering fees in the amount of$7,310.00 and $2,327.00 in attorney's fees. ~ Staff has reviewed the County's obligations stated m the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $18,214.26 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 Stipulated Final Judgment as to Parcel 102; 2. Approve the expenditure of funds as stated; and 3. Direct staff to pay the sum of $18,214.26 in accordance with the Stipulated Final Judgment. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney - 1 Agenda Item No. 16K5 December 14, 2004 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K5 Recommendation to approve a Stipulated Final Judgment as to Parcel 102 in the lawsuit styled Collier County v. Pelican Marsh Community Development District, et ai, Case No, 04- 1532-CA (Vanderbilt Beach Road Project 63051). 12/14120049:00:00 AM Item Number Item Summary Prepared By Date Jeffrey C. Clapper Legal Assistant 1212/200411:39:47 AM County Attorney County Attorney Office Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 12/2/20044:47 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/3/2004 7:01 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportion Services Transportation Engineering and . Construction 12/312004 8:56 AM Approved By Usa Taylor ManagemenUBudget Analyst Date Transportion Services Transportation Administration 12/3/2004 9:00 AM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 12/3/2004 9:04 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 12/3/20049:06 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1213/2004 10:55 AM Approved By Agenda Item No. 16K5 December 14,2004 Page 3 of 10 OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/3/2004 11 :47 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/20043:59 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/612004 8:27 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12/7/20048:00 PM Commissioners Agenda Item No. 16K5 December 14, 2004 Page 4 of 10 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. 04-1532-CA v. Parcel No. 102 PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, et at, Respondents. / STIPULATED FINAL JUDGMENT AS TO PARCEL 102 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondent, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 102, 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, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, have and recover from Petitioner, COLLIER COUNTY, the sum of One Hundred Thirty Thousand Nine Hundred Seventy-seven and 26/100 Dollars ($130,977.26) for Parcel No. 102 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. 16K5 December 14, 2004 Page 5 of 10 ORDERED that Respondent, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, receive from Petitioner, COLLIER COUNTY, FLORIDA, for attorney's fees, the sum of Two Thousand Three Hundred Twenty-seven and No/too ($2,327.00) for Parcel No. 102; it is further ORDERED that Respondent, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, receive from Petitioner, COLLIER COUNTY, FLORIDA, for engineering fees pursuant to Section 73.091, Fla. Stat., the sum of Seven Thousand Three Hundred Ten and No/100 ($7,310.00) for Parcel No. 102; it is further ORDERED that the cost to cure the Subject Property is a component of the compensation awarded herein and amounts to $124,377.26. These costs are specifically conditioned on permitting review by County staff of the sign reconstruction as an insubstantial change and the necessity of only a letter modification (to the existing permit) from the South Florida Water Management District; it is further ORDERED that the Clerk of this Court shall forthwith, pay to the Tax Collector of Collier County, the amount of pro-rated taxes due on the above-referenced parcel, if any; it is further ORDERED that the Clerk of this Court shall forthwith, pay to Respondent, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, the amount of One Hundred Twenty- two Thousand Four Hundred and No/100 Dollars ($122,400.00) as to Parcel 102, less any amount paid to the Collier County Tax Collector as set out hereinabove, to Pelican Marsh Community Development District, c/o Anthony P. Pires, Jr., Esq., Woodward, Pires & Lombardo, 3200 Tamiami Trail North, Suite 200, Naples, FL 34103; it is further ORDERED that Petitioner, COLLIER COUNTY, pay to Respondent, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, the amount of Eight Thousalld Five 2 Agenda Item No. 16K5 December 14, 2004 Page 6 of 10 Hundred Seventy-seven and 26/100 ($8,577.26) to Pelican Marsh Community Development District, c/o Anthony P. Pires, Jr., Esq., Woodward, Pires & Lombardo, 3200 Tamiami Trail North, Suite 200, Naples, FL 34103; it is further ORDERED that Petitioner, COLLIER COUNTY, pay the amount of Nine Thousand Six Hundred Thirty-seven and No/100 ($9,637.00» to WOODWARD, PIRES & LOMBARDO TRUST ACCOUNT, c/o Anthony P. Pires, Jr., Esq., Woodward, Pires & Lombardo, 3200 Tamiami Trail North, Suite 200, Naples, FL 34103, for fees and costs, within thirty (30) days hereof; it is further ORDERED that title to Parcel No. 102 is fee simple, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner 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 Respondent, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, shall convey to Petitioner, COLLIER COUNTY, Parcel 702A, being more fully described in Exhibit "B" attached hereto, within thirty (30) days hereof; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3528, Page 2852 of the Public Records of Collier County, Florida is dismissed as to Parcel No. I 02; and 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 the Collier County Board of County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Office of the Collier County Attorney, 3301 East Tamiami Trail, Naples, FL 34112-4902, less any sums retained by the Clerk up to 10% in accordance with Section 28.33, Fla. Stat.; it is further 3 ~.._.~,,----_."-,..,- Agenda Item No. 16K5 December 14,2004 Page 7 of 10 ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is therefore DONE AND ORDERED In Naples, Collier County, Florida on this _ day of , 2004. DANIEL R. MONACO CIRCUIT COURT JUDGE Confonned Copies: Ellen T. Chadwell, Esq. Anthony P. Pires, Jr., Esq. Thomas C. Palmer, Esq. E. Glenn Tucker, Esq. Bookkeeping .. 4 Agenda Item No. 16K5 December 14, 2004 Page 8 of 10 JOINT MOTION ON STIPULATED FIN AL JUDGMENT Petitioner, COLLIER COUNTY, together with. Respondent, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcell 02, and states as follows: 1. The cost to cure the Subject Property is a component of the compensation awarded herein and amounts to $]24,377.26. These costs are specifically conditioned on permitting review by County staff of the sign reconstruction as an insubstantial change and the necessity of only a letter modification (to the existing permit) from the South Florida Water Management District. 2, The conveyance of a Temporary Driveway Restoration Easement. identified as Parcel 702A in Exhibit "B", which is attached hereto, at no additional cost to the County, is a condition of the parties entering into this Stipulated Finli\ Judgment. .' .. Dated: Dt ~.r:::2 ~ ELLEN T. CHADwELL, ESQ. Florida Bar No. 0983860 Assistant County Attorney 3301 East Tamiami Trail, 8t11 Floor Naples. Florida 34112 (239) 774-8400 - telephone (239) 774-0225 - facsimile ATIORNEY FOR PETITIONER ANTHO S. JR., SQ.' Florida Bar No. 0203671 WOODWARD PIRES & LOMBARDO, PA 3200 Tamiami Trail North, Suite 200 Naples, FL 34103 (239) 649-6555 - telephonlÕ (239) 649-7342 - facsimile ATIORNEY FOR RESPONDENT PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT ------'".. EXISTING n~~I\~~E" , I I I I I I I I I I I I I :::::::::::::¡:- I I I I U1 I co I ~ I {ß I "'. 1 ) ~---" PARCEL 1 02_____ __~....i ~)r 0 « 05: ~O L ,_ :ciX 1:- u. , I «0 I' wlO , I m~ I I 1_ G I I -.JZ I -¡::: , ~(fJ I , Wx I Ow I Z I :;: I I I J ! I I ¡E P^RGEL 05(08(03 613051 FEE SIMPLE INTEREST I I 1 : -mAcr "eCI -,' !PEUCAN MARSH UNIT 20, PlA r i BOQK 3D. PAGES 7J-75 , I I I , I I , I I 1- EXIS~NG 24' r.p,L : EASEMENT pm O.R, BOOK I 1285. PAGES 1917-1919 I , , , I I I , I I I ~: ! "\\.-'~p...~\'t.: L----- ~o'\"I. ...._ I 15' ~;~/ ~- //'.----- -mACT "n" I (" " PElICAN MARSH UNIT 20. PLA r I (( aOOK 30, PACES n-70 J: I II J :i " II ¡ III II i', I I: , I'I :"1 II TIBURON-TtIE NORMAN ,S1ATES AT PEUCAN MARSH UNIT 23, PLAT BOOK 31, PI\¡;ES 43-H ',,> « P.IJICil. NO 102 WiJSðnMille¡-"~- ·~~-·'~·"""fI:n·~~·tr~~ -,"'- ~'iIID'''''=~~~~~·:'~'''''~ 2.OIJJ - a7~i~:57 ',(THO'IAflSf¡h',\C"." ".....,. J::: z; o '75' SCALE: I 150' 22.5' 1"= 150' Nctes-: 1. Thill 19 nol a aLJrvtlY. 2.. B()lIh~ or btlorlng Is lhe North 111111 01 VCl"lderblll8aoch Roed b"lng 5 09"4:S'59" E Florida Slate PIQne CoordJnatca NA[) 8J/90. Eost· Zone. J. SUbJ~cl 1o"eaeemeP'ltø, rcsorva'tJoml cnd restrictIon!! af r~cord. .... t08emon13 ehol'fl1 nereo,n ere pe:.- plat, un ee~ ot.harw[!lo t10tad 5. ROW rllpr...nh Right ot Way. 6. P.O.B, represents Point 01 BegInnIng. 7. r.o.c. repreòDnlB Polnt of Commencsmøn1. Description; BeIng tha 50ulh 10:00 f&(ll of Tracl ..¡¡"; PøtlcQn ~=~rhd6~nll~ ~~:rt"O:kOC;~~I~~çt~ ~; r~~~u~711t1";~f o~! tho Pub1Jc R.cordli of Collier County, F1crldQ. ContÞlnlng 0.0-41 ocrn, moro or laB:!. cu"", ÛMk ANDREW e. BECX. P.S.M. ('OR THE FIRM) :3~J,~J~6(g¡1E SlGNro) NDr<~ÚD IIITHOUT mE S1¡;NA TURE AND niE ORJGIt.lÂL RAISED $(A.L OF A FlOR'DA LICENSED SURVEYOR AND J<APPER CERTlFlCATI: OF AUTHORIZATICN LB 43 OO!..L.Œ:R CouNTY DEPAFfTMENT' OF TRANSPOFrr A T10N SKETCH AND ÖEBCRIPTJON O....R: ""1= ~~..~ \ .~~~ MroI&" I ru ~o, 6 Agenda Item No. 16K5 December 14, 2004 Page 9 of 10 I I I J I I I I I , I --..-/) I I I __L-L =;::~::::1- " ~I I- I I I , I I I I I I J I I ' JI I ¡CTWo., I I TI!MPORARV DRI\IIIWAY I RI!S'TORA110N EASeMENT -t- (DURATION: 3 YEARS FROM:E= ~ L ¡ COIoIMENC1:MI!NT OF CONSTRUCTION) ~ 'I iRACT "GCI-E" 0 75' 150' 225' SCALE: 1" , 50' jPWCAN IAARSH UNIT 20, PLAT ~ I BOOK 30. PAG.S 73-73 I I I I I I I I I '--- EXISTING 24' F.P.L, J E/>,SEMENT PER Q.R. BOOK i 1283, PAGES 1917-191B I I I I I I I I I r. EXISTING R~£R~." PARCEL. 702 A 13' o « O$: 0::0 I 0:: ü- «0 wLO m f-c..? :=:!.Z. cpP Ct:Vl wx Ow Z « > 1- ,,---;--- 'mACT 'R' I (~ / PEUCAN IAARSH UNIT 20. PLAT I Ir BOOK 3D, P AG£S 73-75 II I I : j ¡ I ill : ~ ~ n9LJRON-1HE MORMAN ESTATES A T PElICAN MARSH UNIT 23. PLAT BOOK 31. PAGES 4J-44 ,~) ( 63051 I"""'C:U #10. , 702 WJls~nMlller-'-- "...~............,....,...~~.~~ _,Itc "'~~¡J)._=~H-~=_....._-...- . 20D~ - 07:....)'t41 K ")(QI,(PSOIX!\SUR\CI..':I..\IIJo"m.......'....·....· C:UliWn. P.l,t~1 """"""" Agenda Item No. 16K5 December 14, 2004 Page 10 of 10 I EXHIBIT .8 z UN€ TABLE to/am 8t:. u 7~T7 ,I. 7 r._a Notal: 1. Thl:!i e not a f!lur\lsy. 2. Bo:w1I' 1)( bearlng Is thð North nnlll of Vanderbilt Boech Road baIng S 89'+3'59'" E FlorrdQ stata. P one Coordlnato. NAD 83/90, [1:I,t Zonll. ~, Subjtct to eC$emen,h. rOllervatlon3 ono nutrlci:lfJne of record. -4. ,[oslIrncnl. shoWTI hereon ore pl!r plai. vniud olhe:.v188 notod. 5. ROW repfuonl8 Right of Way. 6. P.O.B, repr..enta Point of aeglf'\nlng. 7. P.O.C. rl!!prS8ðf\t.s Po~l 01 Comrnancom«mt. DESCRIPTION, A porUon of Tt1Jct "R- of Pollcen Mareh Unit ~:C~~~~d af"\ca;~~9B~~k t~~,p~a~g:~ft;~otth%UOh 75 of the Public Rocori:b of Celller Gount)'. Florldo; belnq mo,-. part ~ulaf'"ly cI..«lbed o. fellow.: Com.".nclng at tho SouthwNteMY corner of Tract "R": thenco Soulh 89'43'59" East 2.6,45 ft..; thencs North 0016'01" Ea.t 1 !3.00 f..t to the POINT OF' 8ECINNlNGõ thance North 0016'0'" E~t 7~.77 r.....t;: 1M.nCe South 59'43'ðU" Eo.1 67.99 f..I: Ih.ne. South 00'16'01" Woot 73.77 f..I; \hon.. North 99'43'69" W..t 87.98 toot to tho POINT OF BEGINMNG. Contaln1n; 0.15 acr4il~ mon or le'l. ~k ANDREW B. BECK. P.S.M. (F'OR nt. F'IRM) ~iJ~%~' afo~TE SIGNED) NOT VAUD Wl11-IOLJT ntE SIGNA1UR¡; AND 11-IE ORIGINAL RAISEO SEAL Of " FLDRJDA LlCi:NSEI) SI!R'Æ,(OR AND MAPPER CERl1l'JCA 11: OF AlJ1HORIZA TI DN LB "-3 cc:>u.JER COUNTY D/!!!PAffTMEiNT OP 11'IAN8Pofrr A T10N BI(ETIC:H AND DEBCfI/P'17ON J19.<PQfWf"~~ ..·o.t01H(¡.1 ~ 7 ----~-' Agenda Item No. 16K6 December 14, 2004 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Walnut Farms, Inc., for Parcel No. 166A in the amount of 536,150.00 in the lawsuit styled Collier County v. Juan Ramirez, et aL, Case No. 02-5166-CA (Immokalee Road Project 60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Walnut Farms, Inc. ("Respondent"), in the amount of $36,150.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 166A in Collier County v. Juan Ramirez., et al., Case No. 02-5166-CA. CONSIDERATIONS: On May 13,2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 166A for the Immokalee Road (project No. 60018). On May 20,2003, Collier County deposited with the Registry of the Court the sum of $30,100.00 for Parcel 166A in accordance with the Order of Taking. ~ The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $36,150.00 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 its claims for compensation. Respondent will have thirty days ftomthe date of mailing the offer to accept. If Respondent accepts, the County will be required to pay $6,050.00 to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $36,150.00 for Parcel 166A, 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. 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 $2,920.50. 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 tenns of the Offer of Judgment to be reasonable. The County is involved in ongoing negotiations with the property owner and the making of this offer is contingent on the parties not having reached an agreement by December 14, 2004. I). . ~ I' .,. FISCAL IMP ACT: Funds in the amount of $8,970.50 are available in the FY 05 adopted budget. Source offimds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the tenns of the Offer of Judgment and authorize its service on Respondent; - 2. Approve the expenditure of funds as stated, if the offer is accepted; - - ....~.... - Agenda Item No. 16K6 December 14, 2004 Page 2 of 7 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 2 Agenda Item No. 16K6 December 14, 2004 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K6 Recommendation to authorize the making of an Offer of Judgment to Respondent, Walnut Farms, Inc., for Parcel No. 166A in the amount of $36,150.00 in the lawsuit styled Collier County v. Juan Ramirez, et ai, Case No. 02-5166-CA (Immokalee Road Project 60018). 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Jeffrey C. Clapper Legal Assistant 1212/2004 1 :39:27 PM County Attorney County Attorney Office Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 12/212004 4:49 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1213/2004 7:01 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 12/312004 9:00 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 12/3/20049:04 AM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 12/3/2004 9:26 AM '. Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 12/3/2004 9:26 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/3/2004 10:56 AM Approved By -_.._.,"-",~--- Agenda Item No. 16K6 December 14, 2004 Page 4 of 7 OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/3/2004 11 :50 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 1216/200411:04 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 11: 30 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1217/2004 8:04 PM Agenda Item No. 16K6 December 14, 2004 Page 5 of 7 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.: 02-5166-CA v. Parcel No.: 166A JUAN RAMIREZ, et aI., Respondents. / OFFER OF JUDGMENT TO: Walnut Farms, Inc. C/o Kenneth A. Jones, Esq. ROETZEL & ANDRESS 2320 First Street, Ste. 1000 Ft. 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 Respondent, WALNUT FARMS, INC. ("Respondent"), for all compensation, including severance damages, statutory interest, 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 166A, in the total amount of Thirty-Six Thousand One Hundred Fifty and No/tOO Dollars ($36,150.00), for Parcel 166A, which includes the amount of $30,100.00 which was deposited pursuant to the Order of Taking dated May 20, 2003. All compensation paid in accordance with this offer will be subject to the apportionment claims, if any, of the mortgage holder. 1 Agenda Item No. 16K6 December 14,2004 Page 6 of 7 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 ATTORNEY FOR PETITIONER 2 Agenda Item No. 16K6 December 14, 2004 Page 7 of 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-5166-CA v. Parcel No.: 166A JUAN RAMIREZ, 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, WALNUT FARMS, INC., as to Parcel 166A 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 Street, Ste. 1000, Fort Myers, FL 33901-3419 and a copy of this Notice has been sent to all parties listed on the attached Service List on this _ day of December, 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: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER -,..~"., Agenda Item No. 16K7 December 14, 2004 Page 1 of 7 -- EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Walnut Farms, Inc., for Parcel No. 166B in the amount of $207,100.00 in the lawsuit styled Collier County v. Juan Ramirez, et aL, Case No. 02-5166-CA (Immokalee Road Project 60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Walnut Farms, Inc. ("Respondent"), in the amount of $207,100.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. l66A in Collier County v. Juan Ramirez, et aI., Case No. 02-5166-CA. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 166A for the Immokalee Road (project No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of $146,700.00 for Parcel 166B in accordance with the Order of Taking. ,-, Mediation was conducted on November 22, 2004. Respondent's appraiser has appraised the amount of full compensation at $427,047.00, while the County's appraiser's opinion is $146,700.00. An impasse was reached close to the difference in the party's positions. In order to place the risk of the cost of trial preparation on the property owner, an Offer of Judgment should be made. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $207,100.00 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 its 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 560,400.00 to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $207,100.00 for Parcel 166B, 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. 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 $24,585.00. 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. The County is involved in ongoing negotiations with the property owner and the making of this offer is contingent on the parties not having reached an agreement by December 14, 2004. FISCAL IMP ACT: Funds in the amount of $84,985.00 are available in the FY 05 adopted budget. Source offunds are Gas Taxes and Impact Fees. .- GROWTH MANAGEMENT IMPACT: None. -. ~ ~",........~ Agenda Item No. 16K7 December 14, 2004 Page 2 of 7 RECOMMENDATION: That the Board of County Commissioners: 1. Approve the tenns 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: Ellen T. Chadwell, Assistant County Attorney " 2 Agenda Item No. 16K7 December 14, 2004 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K7 Recommendation to authorize the making of an Offer of Judgment to Respondent, Walnut Farms, Inc, for Parcel No, 1668 in the amount of $207,10000 in the lawsuit styled Collier County v, Juan Ramirez, et ai, Case No. 02-5166-CA (Immokalee Road Project 60018). 12/14/20049:00:00 AM Item Number Item Summary Prepared By Date Jeffrey C. Clapper Legal Assistant 12/2120041:47:18 PM County Attorney County Attorney Office Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1212/20044:53 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 121312004 6:43 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 1213/20049:01 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 12/3/2004 9:04 AM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 1213120049:27 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 12/3120049:28 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/3/2004 10:58 AM Approved By ..~-~-----_.-..~. .- Agenda Item No. 16K7 December 14, 2004 Page 4 of 7 OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/3/2004 11 :04 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 8:36 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/6120049:05 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/7/20048:13 PM Agenda Item No. 16K7 December 14, 2004 Page 5 of 7 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.: 02-5166-CA v. Parcel No.: 166B JUAN RAMIREZ, et aI., Respondents. / OFFER OF JUDGMENT TO: Walnut Fanns, Inc. C/o Kenneth A. Jones, Esq. ROETZEL & ANDRESS 2320 First Street, Ste. 1000 Ft. 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 Respondent, WALNUT FARMS, INC. ("Respondent"), for all compensation, including severance damages, statutory interest, 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 166B, in the total amount of Two Hundred Seven Thousand One Hundred and No/I00 Dollars ($207,100.00), for Parcel 166B, which includes the amount of $146,700.00 which was deposited pursuant to the Order of Taking dated May 20, 2003. All compensation paid in accordance with this offer will be subject to the apportionment claims, if any, of the mortgage holder. 1 "..... --~"^-. Agenda Item No. 16K7 December 14,2004 Page 60f7 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 TIURNEY FOR PETITIONER 2 Agenda Item No. 16K7 December 14, 2004 Page 7 of 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-5166-CA v. Parcel No.: 166B mAN RAMIREZ, 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, WALNUT FARMS, INC., as to Parcel 166B in the above-styled cause. I HEREBY CERTIFY that a true and C01Tect 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 Street, Ste. 1000, Fort Myers, FL 33901-3419 and a copy of this Notice has been sent to all parties listed on the attached Service List on this _ day of December, 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 c~,~______~-'-"'· Agenda Item No. 16K8 December 14, 2004 Page 1 of 7 EXECUTIVE SUMMARY RECOMMENDATION FOR CONSIDERATION AND APPROVAL OF AGREEMENT AND BUDGET FOR PARTIAL FUNDING OF LEGAL AID SERVICES TO ASSIST QUALIFIED INDIGENT RESIDENTS OF COLLIER COUNTY WITH CIVIL LEGAL PROBLEMS. OBJECTIVE: For the Board to consider and approve an agreement with Legal Aid Service ofBroward County, Inc. d/b/a Legal Aid Service of Collier County to provide for a legal aid office in Collier County to assist qualified indigent residents pursuant to state law and county ordinance. CONSIDERATIONS: The Laws of Florida, Chapter 2004-265, Section 149, (enacted 2004), repealed and abolished any fees, service charges, and costs imposed by the governing authority of counties and special law pursuant to authority granted in ss. 28.2401, 28.241, 34.041, 938.17 and 938.19, Florida Statutes on or before June 30, 2004. On June 22, 2004, the Board approved Collier County Ordinance No. 04-42 to provide for partial funding for a legal aid office in Collier County to assist qualified indigent residents of the County with civil legal problems. The Ordinance established a court cost in the amount of $65.00 in the County and Circuit Courts. A fund has been established for this partial funding of a legal aid office and the associated budget shall be approved annually by the Board. The attached Agreement sets forth the County funding commitments under the Ordinance as well as the legal aid requirements in regard to the establishment of the Legal Aid office and the related budget. ,-- FISCAL IMPACT: Collier County Ordinance No. 04-42 provides that service charges / fees in the amount of $65.00 will be charged when a person pleads guilty or nolo contendere to, or is found guilty of, any felonjÇmisdemeanor, or criminal traffic offense under the laws of this state. Of this $65.00, 25% shall be allocated to assist in providing legal aid programs required under F.S. 29.008(3)(a). Pursuant to Section 1(b) of Ordinance 04-42, any unspent funds remaining at the close of the county fiscal year shall be transferred for use to supplement funding for elements of the state courts system and county funding for local requirements pursuant to subparagraph 1. of the Ordinance. This is only applicable to the 25% of the $65.00 charged pursuant to Ordinance 04-42. Funds collected pursuant to this Ordinance and allocated to Legal Aid will be spent only for residents of Collier. County. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners consider and approve the attached Agreement with Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Collier County; and that the Board authorize the Chainnan to sign said Agreement if approved. The term of this Agreement shall be for a period of three years to begin October 1, 2004 and to end on September 30, 2007, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to tenninate, the Agreement may be renewed upon mutual consent of the parties for one (1) additional tenn of two (2) years. Reviewed by: Jim Mitchell, Finance Director Approved by: David C. Weigel, County Attorney _. Agenda Item No. 16K8 December 14, 2004 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K8 Meeting Date Recommendation for consideration and Approval of Agreement and Budget for Partial Funding of Legal Aid services to assist qualified indigent residents of Collier County with civil legal problems, 12/14/20049:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/3/2004 2:50 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/6/2004 9:08 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/6/2004 1 :48 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/7/20044:52 PM ..~ . . -~.._._--- --_..,,".~ Agenda Item No. 16K8 December 14, 2004 Page 3 of 7 AGREEMENT FOR COLLIER COUNTY PARTIAL FUNDING OF THE COLLIER COUNTY LEGAL AID THIS AGREEMENT is entered into this day of , 2004 by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "County", and the Legal Aid Service of Broward County, Inc. d/b/a! the Legal Aid Service of Collier County, a Florida not-for profit corporation, hereinafter referred to as "Legal Aid ". WITNESSETH: WHEREAS, on June 16, 1998, the County approved an ordinance providing for partial funding for a legal aid office in Collier County; and, WHEREAS, Legal Aid exists to assist qualified indigent residents of Collier County with cìvìllegal problems; and, WHEREAS, the County, in Co1lìer County Ordinance No. 98-57, specifically found that providing funding assistance to establish and maintain a legal aid office helps to address a public need and serves a lawful and necessary public purpose; and, WHEREAS, the Legal Aid is a private, not-for-profit corporation to serve as the office which will address the legal needs of qualified indigent residents of Co1lìer County, and, WHEREAS, it is in the best interest of the County to enter into a contract with Legal Aid to conduct activities in accordance with the tenns and conditions set forth herein; and, WHEREAS, in 2004, the Florida Legislature passed Section 29.008(3)(a), Florida Statutes, which established funding of legal aid programs as a local requirement at an amount equal to or greater than amounts funded through filing fees and surcharges in the 2003 fiscal year; and, WHEREAS, the County, in Collier County Ordinance No. 2004-42 established an additional court cost of $65 to be imposed by the Court when a person pleads guilty or nolo contendere to, or is found guilty of, any felony, misdemeanor, or criminal traffic offense under the laws of this state; and, WHEREAS, Section 939.185(a)(2), Florida Statutes, provides that 25% of the additional costs collected pursuant to County Ordinance No. 2004-42 shall be allocated to assist in providing legal aid programs required under Section 29.008(3)(a), Florida Statutes; and, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. . Page 1 of5 Agenda Item No. 16K8 December 14, 2004 Page 4 of 7 COUNTY FUNDING. Pursuant to Collier County Ordinance No. 2004-42, and as authorized by Sections 939.185 (a)(2) and 29.008(3)(a), Florida Statutes, the County hereby establishes a budget for the purpose of assisting with partial funding to staff, equip, furnish and operate a legal aid office for the representation of qualified indigent residents of Collier County. Said budget for expenditures shall be established annually by the County and shall include all funds collected pursuant to Collier County Ordinance No. 2004-42 for Legal Aid but shall not be less than the amount mandated by Section 29.008(3)(a), Florida Statutes. All monies collected by this Ordinance and allocated to Legal Aid shall be spent on Collier County residents. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County shall keep its own fmancial accounts and funds collected by this Ordinance will not be co-mingled with funds from other counties. A monthly accounting of funds collected under this ordinance shall be provided by the Clerk to Legal Aid. At the close of the county fiscal year, any unspent funds collected pursuant to Ordinance No. 2004-42 shall be transferred for the use pursuant to subparagraph 1, Section 1 of Collier County Ordinance No. 2004-42. COUNTY PAYMENT OF LEGAL AID EXPENDITURES. Payments for expenditures shall be made monthly subsequent to the presentation of proper invoices/receipts to the Collier County Attorney's Office and authorization for payment made by the County Attorney's Office. LEGAL AID REOUIREMENTS. In performing this Agreement, Legal Aid shall: a. staff, equip, furnish and operate a legal aid office for the representation of qualified indigent residents of Collier County who have civil legal problems. b. use its best efforts to obtain high quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend funds in accordance with the established budget. c. act as an independent contractor in the performance of this Agreement. d. provide to the County evidence of legal professional liability insurance with limits of not less than $500,000 for each claim. Said insurance shall be underwritten by a carrier acceptable to the County. Page 2 of5 Agenda Item No. 16K8 December 14, 2004 Page 5 of 7 e. provide the County and the Clerk of Courts with full and complete access to all financial records including its budget, private funding sources, expenditures and all financial activities. Legal Aid shall keep orderly and complete records of its financial accounts and fmancial transactions involving the funds provided to Legal Aid under this Agreement. Legal Aid shall open these records to inspection by County personnel at reasonable hours during the entire term of the Agreement. Any person duly authorized by the County shall have full access and the right to examine any of these records during the term of the Agreement and up to three (3) years thereafter. The provisions of this paragraph shall survive the termination of this Agreement as to the fiscal years, or portions thereof, during which this Agreement is in effect. Legal Aid shall furnish a copy of its annual audit to the County Manager within 120 days of the end of Legal Aid's fiscal year (December). f to the extent permitted by law, defend, indemnify and hold harmless the County ITom and against all cJaims, damages, losses and expenses, incJuding reasonable attorney's fees and costs, arising out of or resulting from the performance by the Legal Aid of its responsibilities under this Agreement. g. not assign or subcontract any of the services which are the subject of this Agreement without obtaining written consent from the County in advance of said assignment or subcontracting. Said consent shall not be unreasonably withheld by the County. h. not discriminate against any employee or person served under this Agreement on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap or marital status. i. comply with all applicable safety laws, ordinances, rules, regulations, standards and lawful order of any public authority having jurisdiction over the matter in question. TERM OF AGREEMENT. The term of this Agreement shall be for a period of three years to begin October 1, 2004 and to end on September 30, 2007, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for one (1) additional term of three (3) years. This Agreement is subject to annual appropriation by the Board of County Commissioners and changes or amendments to Florida Statutes cited herein. TERMINATION OF AGREEMENT. Subject to Section 29.008(3)(a), Florida Statutes, should either party fail to perform under the requirements of this Agreement, then the non-breaching party may terminate said Agyeement Page 3 of5 Agenda Item No. 16K8 December 14, 2004 Page 6 of 7 immediately for cause. Either party may tenninate this Agreement for convenience with 120 day written notice to the other party. NOTICES. All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and sent to the following addresses: A. As to "Legal Aid" Anthony 1. Karrat, Esq. Executive Director Legal Aid Service of Broward County, Inc. 491 North State Road 7 Plantation, Florida 33317 B. As to "County" Office of the County Attorney 3301 East Tamiami Trail Building "F", 8th Floor Naples, Florida 34112 AMENDMENTS TO TIllS AGREEMENT. Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original ofthis Agreement. WANER. Waiver by either party of the breach by the other party of any provisions of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification of the tenns of this Agreement. IN WITNESS WHEREOF, the parties, through their duly authorized representatives, have executed this Agreement on the dates set forth above. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 4 of5 -.~---~--'- Approved as to form and legal sufficiency as to Collier County: David C. Weigel County Attorney WITNESSES: (1) Signature PrintedITyped Name (2) Signature Printed/Typed Name By: DONNA FIALA, CHAIRMAN Agenda Item No. 16K8 December 14, 2004 Page 7of7 LEGAL AID SERVICE OF BROW ARD COUNTY, INC. d/b/a! LEGAL AID SERVICE OF COLLIER COUNTY, a Florida not-fOT-profit corporation By: Signature PrintedITyped Name PrintedfTyped Title (Corporate seal) Page 5 of5 Agenda Item No. 17 A December 14, 2004 s~I1J@F 20f 13 A~OVV2001-A)t1388 -- EXECUTIVE SUMMARY Recommendation to approve Petition A VROW200l-AR1388 to renounce and disclaim all rights and interests of the public to access (ingress/egress) and travel upon the following road rights-of-way located within Boyne South subdivision. Those road rights-of-way depicted and described in the plat of "Royal Palm Golf Estates Unit One", as recorded in Plat Book 12, Pages 13 through 18, Public Records of Collier County, Florida; providing for the continuing and unaffected rights of easement holders, emergency medical and fire services, Collier County water management vehicles and personnel, Collier County transportation vehicles and personnel and Collier County water-sewer district vehicles and personnel; providing an effective date. Located in Section 20, Township Sl South, Range 27 East. OBJECTIVE: To adopt a Resolution to renounce and disclaim all rights and interests of the public to access (ingress/egress) and travel upon the above described roads. ,'--' CONSIDERATIONS: Petition AVROW2001-AR1388 has been received by the Engineering Services Department from Robert L. Duane, AICP, of Hole-Montes, Inc., as agent for the petitioner, Boyne South Property Owners Association requesting that the Board of County COII1IIlissioners renounce and disclaim any right of the Public to access (ingress/egress) and travel upon the above-described roads within the Boyne South Subdivision. The Petitioner has expressed concern regarding security issues and desires to control access. The attached Resolution specifically reserves and retains the rights of all easement holders and also specifically reserves all rights to access for various departments within the County Government such as emergency services, stormwater management, etc. The petitioner requests that the Board waive the requirements of proof of ownership and paid tax receipts. . FISCAL IMPACT: Engineering Services Department has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. If the Resolution is adopted, Collier County would benefit from potential savings in annual maintenance costs. The maintenance costs would become the responsibility of the petitioner which would include roadways, sidewalks, drainage and street lighting. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. -- Agenda Item No. 17 A December 14, 2004 sH:F¡ll§ê¡@1220f 13 AVROW2001-AR1388 ,,-..... RECOMMENDATION: Recommendation to: 1. Adopt the Resolution for petition A VROW2001-AR1388 to renounce and disclaim all rights and interests of the public to access (ingress/egress) and travel upon the above described roads. 2. Authorize tbe execution of tbe 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 - ,,,....... Agcnda Itel1i No, 17 A December 14. 2004 Pa.qe J of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1ìA This item requires 1!1t;¡1 aU participnntr. be swom in and Ex ?mt~ OiSc.iOf,UIB bÇ! providf.ld by Commission members Recommendation to apprc!Vp. Petition AVROW2001·AR1388 If) rer1O¡Jnœ and d,sd.lim all nght5 ¡;¡nd intCl'esls of the public hJ aœess (ingi'ess/egress) and travel upon the followIng marl rights~af,w3Y loçat~d within 80yne South 5ubdivj:<;j(\n. Those road rinht5.of-way depicted and described jn the plal of "RDyal Palm Golf E~t3tes Unit One" as recorded In Pia! Book 12, Pages. 13 through 18. Public RecQrUs of Comer county, Floricta~ [Jroviding for the Gorninuil1g and UI13ffE'.ctl:!rJ rights of easement hoiders, emergenr:.y Med!cal and fire services, Cr;dlíer Counly water management vehicles and personnel, ColHer County lr<1I1Sporttltion vtJhidéS and ptr50nnel and Coliìer Cùul1ly waler+sewcr lImtnct vehicle$ and personnel: prOviding an effechve date. Located in Sedlon 20. Township 51 South. Range 2ì E~st Meeting Date 12/14/20049:00:00 AM Approved By ThI)lYHU~ E. Kuck, P.E. COES El1glneel'i1\g S~rvh:;e~ Director Date Community DeveloplT1tmt & En\lironlnenbl Sel'/I(:t:~ CDES Engineering Service$ 11/04J20l14 4;OG PM Approved By S¡¡ndra Lea tXl!!cutive S~retary D~t~ community D~vd[)þm~tll & Env¡rOl1m~t1tal $örvicef; C<::I>T1murÜty D~v~l()pm~n & Environmental Suvit;es Admin 1'1I~112a04 3:27 PM Approved By Constance A. JDhnson Operati\)I'IS AnalYl\.t Date COI'1' mllni¡y DI!VE!IOJlmlmt 8.- Environrn~/1tal Ser\'iç('s CQmm\!nHy ()l!:yt'!Ïaplt'l~"t &. Environment3! Sef\l'ices AdmÌ1'. 1111131200.4 9:D8 AM Approved By Joseph K. Schmitt CommuníW DC'Jelopmm)1 &- En...ironrnenta Servjç(:s Admir.str3;tor Date Cammunity DÐvri'lopment & Environmental St::l'vices Community Devc-\opm",nt & Environmental Services Admit¡. 11f16¡;¿0o.1 '10:42 AM Approved By OMB Coordinator AdminisHat1\'c A&sisbnt D.;te County M;Jn:1ger'n Or1'kl!: Oì1icI!> ot M;an,1'i'!em~nt 8. F!\fdg~ 12i;'212004 9:58 AM Approved By Mark 1"~K.k&on B\Jdget AnalY$f [)at~ Cour.ty Manager's Oit'!!::!! Office 01 Msnag'!:tnen1 & Bl.ldge1 1,21:ôU::.IOU4 '1O:::.I'r AM Approved By M¡ch.a~1 Sll1ykow~k¡ M¡magement 8 Budget Director Da~e Gounw MaMf: (!r'~ OffiG(! Office of M::ma!1t1'm.!ot 8. Burlf !.?! 121(ì!2:004 1:14 PM Approved By J.am(:1i V, Mllrld GOlJniy M"'Ug(H Date Board 01 County Commì!'J,sionc-fs Couo'!:y Manager's ONke l1J6j2004 4:H PM Agenda Item No. 17 A December 14,2004 Page 4 of 13 RESOLUTION NO. 2004- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COlJNTY, FLORIDA FOR PETITION A VROW2001- ARI388 TO RENOUNCE AND DISCLAIM ALL RIGHTS AND INTERESTS OF THE PUBLIC TO ACCESS (INGRESS/EGRESS) AND TRAVEL UPON THE FOLLOWING ROAD RIGHTS-OF- WAY LOCA TED WITHIN BOYNE SOUTH SUBDIVISION. THOSE ROAD RIGHTS-OF-WAY DEPICTED AND DESCRIBED IN THE PLAT OF "ROYAL PALM GOLF ESTATES UNIT ONE", AS RECORDED IN PLAT BOOK 12, PAGES 13 THROUGH 18, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR THE CONTINUING AND UNAFFECTED RIGHTS OF EASEMENT HOLDERS, EMERGENCY MEDICAL AND FIRE SERVICES, COLLIER COUNTY WATER MANAGEMENT VEHICLES AND PERSONNEL, COLLIER COUNTY TRANSPORTATION VEHICLES AND PERSONNEL AND COLLIER COUNTY WATER-SEWER DISTRICT VEHICLES AND PERSONNEL; PROVIDING AN EFFECTIVE DA TE. LOCATED IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Robert L. Duane, AICP, from HoJe-Montes, Inc., as Agent for the Petitioner, Boyne South Property Owners Association, has petitioned the Board of County Commissioners to renounce and disclaim any right of the Public to access (ingress/egress) and travel upon the platted road rights-of-way located within Boyne South Subdivision; and WHEREAS, the road rights-of-way are described as those platted roadways dedicated to the use of the general Public and located within Boyne South Subdivision and legally described as follows: Those roadways depicted and described in the Plat of "RoyaJ Palm Golf Estates Unit One", as recorded in Plat Book 12, Pages J3 through 18, Public Records of Collier County, Florida, being more specifically the right-of-way for Baywood Court, Baywood Drive, Bluewater Drive, Broadview Drive, Ensenada Court, Ensenada Drive, Greenwood Court, Greenwood Drive, Irene Drive, Lake Hammock Drive, Main Drive, Royal Hammock Boulevard, Royal Tree Parkway and Sandtrap Drive. WHEREAS, the Board has this day held a public hearing to consider the petition to renounce and disclaim the right of the Public to access (ingress/egress) and travel upon said roadways and rights-of-ways, and notice of said public hearing was given as required by law; and Page I 0[4 Agenda Item No. 17 A December 14, 2004 Page 5 of 13 WHEREAS, the granting of this petition is intended to and shall only renounce and disclaim the Public's right to access (ingress/egress) and travel upon such roadways, and all other easement rights and County access rights as specifically described below shall be retained; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board hereby determines and makes the following findings: a. The adoption of this Resolution to renounce and disclaim the right of the Public to access (ingress/egress) and travel upon the below-described road rights-of-way is in the best interests of the Public. b. The County shall have no maintenance and repair responsibility in the below- described road rights-of-way as a resuJt of the Board's adoption of this Resolution which will provide a public benefit. c. The adoption of this Resolution is not injurious to the Public welfare or the individual property rights of any easement holder or property owner. 2. The right of the Public to access (ingress/egress) and travel upon the following platted road rights-of-way is hereby renounced and disclaimed: Those road rights-of-way depicted and described in the Plat of "Royal Palm Golf Estates Unit One" as recorded in Plat Book 12, Pages 13 through 18, Public Records of Collier County, Florida, being more specifically described as the following streets: Baywood Court, Baywood Drive, Bluewater Drive, Broadview Drive, Ensenada Court, Ensenada Drive, Greenwood Court, Greenwood Drive, Irene Drive, Lake Hammock Drive, Main Drive, Royal Hammock Boulevard, Royal Tree Parkway and Sandtrap Drive. 3. Further, the County renounces and disclaims the right to issue right-of-way penn its by the Collier County Transportation Department for access to and installation, maintenance and operation of Facilities or Utilities within the above-described roadways and right-of-ways including, but not limited to, electrical utilities, telephone service providers and cablevision providers. 4. This Resolution to renounce and disclaim the Public's right to access (ingress/egress) and travel upon the above-described road rights-of-way shall not affect in any way easements which have been granted or dedicated through the plat to any service provider or other entity including, but not limited to, electrical utilities, telephone service providers, or cablevision providers and including, but not limited to, Florida Power & Light, Sprint Telephone, United Telephone, Corncast Cable and CVI Cable, and their successors and assigns. The access rights of Page 2 of4 --~.-~".....'-~,..._.- Agenda Item No. 17 A December 14, 2004 Page6of13 such service providers shall be unaffected by this Resolution. 5. The County does not disclaim or renounce, and specifically retains all rights for itself and all emergency services, the right to ingress/egress and travel upon the above-described road rights-of-way for emergency services including, but not limited to, the Collier County Sheriffs Department or other law enforcement agencies, the East Naples Fire Contro] District and other fire control entities, and Collier County Emergency Medical Services and other emergency medical providers. 6. The County does not renounce or disclaim, and specifically retains and reserves to itself, the right to ingress/egress and travel upon the above-described road rights-of-way for purposes of providing the following: a. Stoffi1water Management Services; b. Engineering Services: and c. ]nstallation, maintenance and operation of Utility Facilities and Services by Collier County or the Collier County Water-Sewer District. 7. Maintenance and repair of the road rights-of-way described herein shall be the responsibility of the petitioner, Boyne South Property Owners Association, or its successors or assigns, after the effective date of this Resolution. BE IT FURTHER RESOLVED, that the request to renounce and disclaim the rights of the Public to access (ingress/egress) and travel upon the above-described road rights-of-way shall be spread upon the minutes of the Commissioners as provided in Section 336. I 0, Florida Statutes. ".... BE IT FURTHER RESOLVED, that notice of the adoption of this Resolution by the Commissioners shall be published one time, within thirty (30) days following its adoption, in one issue of a newspaper of general circulation published in the County. Proof of publication of notice of public hearing, the Resolution as adopted, and the proof of the publication of the notice of the adoption of such Resolution shall be recorded in the Official Records of the County. FURTHER, proper notations evidencing this Resolution shall be made on the plat of "Royal Palm Golf Estates Unit One" as legally described above. Page 3 of 4 Agenda Item No, 17A December 14, 2004 Page 7 of 13 ,,- BE IT FURTHER RESOLVED, that this Resolution shall be effective upon its adoption, 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 Deputy Clerk BY: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 4 of 4 PETITION HOI.:B 1IONTES III :00% . Agenda¡tem No. 17A December 14,2004 Page 8 of13 <i) Atucltmeuì "Btl :J~~ " .," .......~" 1;" ~ I _ ~ ~3~ :~'} - ._Òf'!"_ . Petitioner : Address: City/State: AmYPra~glit.I &o......IoJB ~U"I"W f'lZðPerz.7'Y 181 00, l{~~~tI!e farkwav .NraÐles~~ ðlcl~e~6 R"h6~z:1"P!'tðAl) TelephoÐè: 941.7.3':%.0034 ZlpCode: ~3961 Agent¡----B9~~..t t. Dunne . AddrM~ _?$.QJ~ß(ore Way City/State: Naples. .FL _...",._._"_.,,,.0> Telepbonc: 941';'2:54~ZOOO ZtpCodc: 34110 Addrt\¡;tI o1Subjcc:t.Prup~rty' f..ntannn: SectioD Township lUur~ S.bdl",¡sion: T .egaIDescrlptlon: . Lot__ BI~k UJ!11t 'Iat Book 12_Pltge(sL 13- 18_ Rea.~on for Rcqu.cst: . Pdv~1ize th~prºp.osedroa.d~·avs so tho olanneddevelnÞ'mentcl1D bo 2nt~,CJ.:~s,;J,ª_ futuro dAte for securitY -r:~~ ¡~~~!I Curt'ent ZuDinIi:: Does fbj:J~ffe¢tden$ity? N(I S~/S-CJ I Da.te 0U..!t.¿.9Id..el1.r (Title) CQmmunity J)evclQpment.&· Environmental Senice.'iDMsion l'lalUting Seril1cesDcpltrtmeat Z800 Nortb Jlorscshot! Dr. Naple!l.Florida 34104 Pleasescc"PoUcy and Ji'..ocellurcfor the Vacation and Annnlmentof'P1au or Portlons·ot'Platsof . SubdfvidcdL'ó\nd"t'()t'thell~t rifsupporthtemateria1S,vhichmustaœompanythi5 pctition. !Iud dcU'\'&l:'ot' manto: (I) Ifi\PPU('.aJlt is ß"'ndlru~l't,jD dicit te [henamc:ofbÐnctlciarles. (Z) If ßppUeaatiSàtf>rpct'atlnnotbor tbana pubUc corporatlon;tndlca.te the name øfntncerll and DUtlor·ttt~kholderll. (3) 'UappUcantis apartlJcrship, Umltffd partner.hlp DrotherbudneucDt1ty,..b1dlcatctbcIlIlMIt øf prin~ipalli. (4) llitllUothor ownors. Att<+Ch1nr:nt "B" Fage 4 of 4 .:: , ','., ._._,__,,,......"'_,~_~_W_..H.~___K_~ Date 8/28/200111: 17:05 AM Post Date 8/28/2001 Qfficial Receipt- Collier County Board of County Commissioners CDPR1103 - Official Receipt Appl Name: HOLE, MONTES & ASSOC. Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: ROBERT DUANE 950 ENCORE WAY NAPLES FL 34110 Proj Name: ROYAL PALM GOLF ESTATES UNIT 1 Type: . T AZ: 166.1 Subdiv Nbr: 1569 Project Nbr: 2001080069 Payor: BOYNE USA Fee Information GLAccount 10116361032910000000 Total Payments Account/Check Number 26257 ' Total Cash Total Non-Cash $0.001 $1000.00 $1000.00 I Total Paid I Cashierllocation:GARRETT _S / 1 User: SMITH_G Collier County Board of County Commissioners CD~PllJsforWindows S5/NT Printed:8/28/200111:17:44 AM J~ . ~ þ. .. ' " ' .... : · ': I·. '. I . I I '. I , " , ,'. '. . .- _ . . '. . - oeM" ,29q~ ,,~r-~ ( "~ï7 ') ,: __~V . I '_81 A 11-10-11 ( ,.-...., ''''7-1'7. ..... :0-« ( ,....... "- .- ,..so...., . '.' ' r-.. ~ n K \ - _\ " '. \ .\ ___ ..; ( , "\....., .......P:' -:..., . V · /j ,[j U .,/------y \ ~. !It ..(/ .' · /r- I~........, \ J . · ....: ;;'.. (·~t4.:IQ." 1\....... -- ..- ( .~) -- " ~ -' , I · . /Jr' 1 . I I "" . ..~ , I .' . 1 " T C" . t /' .' ~. ( , - - ·'1 ... ,r ., - '~~\ /\:5"'5" h-(\' ~ ~ - ,~-' ~ .- , \ I __ " .. .........' . , ' . \. .:/ .,.. . ...., ~ / ~. ",,-L¡ _ ","U. .. 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I I .. II - " " , . I · I -" 'IHIIN ... . ·HOLE.MONTES& ASSOClA iE5. he. , ......................-.... . 7~'S 101t1 .... s.. ~ n.. 34102 - ~ : (N1) 212-.4&1' " SITE LOCATION MAP ~~, .' , AgP.nda HemNo.17A December 14; 2004 Page 120f 13 ~ -... .... i~ ; ~ ~f~ ,'. r , ~t:Q ¡.I.(;:J ~d ~Þ-' O~ CJ".)~ .;:¡ ~O ZD ~ l°,.j ÇQ g .'. 11 M. LIINU ""........" l ,', _.__M~~__'Ø'___·_ Agenda Item No. 178 December 14, 2004 Page 1 of 141 ,-' EXECUTIVESU~RY Petition V A-2004-AR-6I40, Pine Ridge Center and Pine Ridge Center West PUDs, represented by D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A., requesting two IS-foot variances, one from the required IS-foot setback for the western boundary of the Pine Ridge Center Planned Unit Development (PUD), and a IS-foot variance from the required IS-foot setback for the eastern boundary of the Pine Ridge Center West PUD, to permit a O-foot setback from the common boundary between the two PUDs. It is the appücant's intent, if these variances are granted, to construct a single office building across the common property line. OBJECTIVE: The petitioner is requesting two l5-fuot side yard variances, one from the Pine Ridge Center PUD western boundary and one from the eastern boundary of Pine Ridge Center West PUD to allow a building to be constructed over the common property line of the two PUDs that are now under common ownership. CONSIDERATIONS: ,,-... Both the Pine Ridge Center and Pine Ridge Center West PUDs were amended on February 27, 2001, to add uses such as building construction, building materials and similar uses that were not previously allowed in the two PUDs. At that time the petitioner had no plans to combine ownership and develop both properties as a single project. Therefore, no provision was made to pennit structures to cross the PUD boundary even if developed under common ownership. As a resuh, the applicant seeks a l5-fuot variance to allow the Pine Ridge Center POO to have a 0- fuot setback fÌ'om its west property line, and a IS-foot variance for Pine Ridge Center West POO to have a O-fuot setback from its east property line. The two POOs were rezoned as separate projects, but have a common 60-foot wide shared access and have identical pennitted uses and development standards. The POOs are now under common ownership and it is the owner's intent to develop these POOs as a unified project. It is the owner's belief that a unified development on both PUDs will result in more efficient utilization of the property, and a more cohesive and unified plan of development. In order to pursue this course of action the applicant is requesting that the required IS-foot setbacks for the common boundary between Pine Ridge Center POO and Pine Ridge Center West POO be reduced to 0 feet, to allow the applicant to construct a single building over the common property line between the two parcels. The applicant contends that the variance requested is necessary due to the presence of a jurisdictional wetland area that was recently detected on the Pine Ridge Center West POO, which was not represented on the approved conceptual PUD master plan. The wetland area is located on the southern portion of the POO and extends approximately 180 feet into the approved development area. This loss of approved development area, coupled with the code requirement for a 25-foot setback from wetland areas and the IS-foot PUD boundary setback, dramatically shrinks the development envelope for the southern parcel of the Pine Ridge Center West PUD to 100 feet in width to ,,-... construct an office building. Page 1 of 10 """'~"""""'''''_'''''' v. Agenda Item No, 17B December 14, 2004 Page 2 of 141 ,.--. It is the applicant's contention that elimination ofthe IS-foot boundary setback for both PUDs to o feet would pennit a single building to be built across the PUD boundary, thereby pennitting a reasonable use of this portion of both the PUDs. The applicant further contends that the elimination of the l5-foot building setback is not inconsistent with the intent of either PUD ordinance. The development scheme for the property contemplates shared access via a 60-foot wide easement that extends along the common property line for approximately two-thirds of the property. The permitted uses and development standards are identical, further indicating the intent to develop the site in a unified manner. In an effort to avoid having to request this variance, the applicant's representative requested an interpretation ftom the Department of Zoning and Land Development Review (Exhibit C) regarding permitted uses within the two PUDs. As part of that request, they sought concurrence that under common ownership of both PUDs, a building may be constructed over the common PUD boundary/property line. In the fonnal response, INTP-2003-AR-4888, (Exhibit D) the director stated; ''The legal description for each PUD is specific and the description delineates the boundary lines for each PUD, and each PUD has an external side yard boundary and shares a common external side yard boundary, all requiring 15-foot setbacks, therefore, it is my determination that a structure is prohibited from being constructed over the common PUD boundary regardless of ownership." Approval of this variance will now allow for construction over the common PUD boundary. ~ FISCAL IMPACT: Approval of this petition wì11 have no fiscal impact on Collìer County. GROWTH MANAGEMENT IMP ACT: Future Land Use Element: The subject property is designated Interchange Activity Center Subdistrict (Activity Center #10), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits the full array of commercial uses, residential and non-residential uses, institutional uses and hoteVmotel uses. The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. As previously noted, the subject petition seeks two variances to allow O-foot setbacks from the common property line between Pine Ridge Center PUD and Pine Ridge Center West PUD to allow an office building with interior storage for a contractor, which is an authorized use in this land use designation, to be built across the property line. Therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. ,,-. Page 2 ofl 0 Agenda Item No. 178 December 14, 2004 Page30f141 ENVIRONMENTAL ISSUES: The proposed variance to allow O-foot setback from the common property line will not encroach or impact the vegetative preserve area along the southern property line. Therefore, there are no unusual environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the November 18, 2004 Planning Commission meeting. After presentations by the petitioner and County Staff, the CCPC asked questions and discussed the petition. The Commission then made a motion to forward petition V A-2004-AR-6140 to the Board of Zoning Appeals with a recommendation of approval by a vote of 7 to O. RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request and has determined that there is a land related hardship due to the discovery of a wetland on Pine Ridge Center West, as well as several ameliorating factors that warrant approval of this petition and there are no adverse impacts to public health, safety and welfare. Staff recommends that the Board of Zoning Appeals recommend approval of Petition V A-2oo4-AR-6140, subject to the following conditions: 1. The variance is limited to a IS-foot variance from the required IS-foot setback for the western external boundary of the Pine Ridge Planned Unit Development (PUD) and a IS-foot variance from the required IS-foot setback for the eastern external boundary of the Pine Ridge Center West PUD to permit a O-foot setback from the common boundary between the two PUDs, as depicted in the applicant's site plan stamped "Received-January 30, 2003," except as further restricted below. This site plan is included in this staff report; and 2. The variances are limited to the southern most S34-feet of Pine Ridge Center and Pine Ridge Center West. The property fronting the east and west sides of the shared access road must meet setbacks. PREPARED BY: Robin Meyer, Principal Planner Department of Zoning and Land Development Review Page 3 of 10 Agenda Item No. 178 December 14, 2004 Page 4 of 141 Q. GRADY MINOR &; ASSOClATES# P.A. qvil1!ngu¡tr~I!i. i...!Jnd.~ot;s,.F'!mi1er!> Q. CAA::J',: Mme.'!.:!',F. Mi\¡¡~ w. M!NQI<. m:. L nr'llN!?Mm>. PJ! DAVID W. &;:'f1MIIT.l'Jt MiCHilÐ.¡. rm.(,TE. 1'.1:.. NI.11tMAN ,'fRall!!L:DCJ';. /\1.<:..1', P.l MAT/HEW r H!:ltM1\/>oOS:;iN; PX OcklW 13, 2-003 I't >~"·/It'tN1LAJtNOU'. Aj(:.r, !!Qjj£¡¡>;(' 'i\OI!" IH/.NMI!$, All':;'!', mfiJòl1lS J. è;lúmt5. i'!i.M. ~U!N V ßt1R.G1N3. !\I3.M. MICHI\EI.I., V.JiJtl\¡ON.I'S:M. M.J\'~ v ~:I'i~Mi\N Ms. SIIMnMl1rrny. Alert Conier Cl1\ltIty 'P11I1'IIIing St",N¡c¢s DiM)tOt :1-800 N~'Irlh Hbrl!eSOOc: rJnVé. NiJp1e1;, fl. H 104 RE: R~'It for f¡m:nal Zonin¡¡ IntC!}'ll'l}UI!iøn INTI"-200J·A.R4S88 PROJECT #19990239 OA1£: 1II/10103 MICHEue MOSCA Dear Mil. Mur¡ay: We un: 1hc authorized n::pmsc:n!al.ÎVl:ilfm Jtççonlrm;i pur~ofprq 1crûC5~ in Section II!., Tøwn.Wp 49 South. R.81'Ige 26 Ba!lt. Coltiet (';;OU!1I)', Florida. The !iUbjœr propcttìe1õ COnlfllÌ$e ¡\lIP µ an:n«t unit. di¡:I'íII~ k:n¡M1J usPinJ: Ridø,1t C..'Il'tu'PUD (Ordínam:l:. No.. 2.001..01) .wnd Ilìnc Ridge Center WutPlJÐ (Ordinam:e; No. 2001.ø9).&th proj«:ts werellppmved by tile- CollÌI!t C'tlUtlry BoutdofComrnlssiotl.etS on. Febn;uuy 27. 2001 , AlthmJgh, the ptØpWt15 ~under SepMMe. Clwuership,1he PtJD.doct1l\'l'CftUl ~"1I1CJ!tÌY hL."fItital develoJllI1ilW _~. -pmnitted LlSeI! IIIId wnœptuW ma.stçrpilUlS. TIIè ~ lit'!: wntil1'lJoo", 1111." ~eptu31muer pllln lar eath FIJI) demoosirmS ...comli1M~wAY ;¡¡ O!!g 1fu:ir oot'WTIØf! pmpell} JiœJi. for }'(!Uf retèrew.:e, u.eu!"y ¡¡ ' I1lcJî::SplìCÙIij;. PUD ~ ru.\'O:: Pe\:7J pn.,videt:i wÙ)¡ tills n:queiÌ:fur [OIt1tS!ÙJterrm::tafÍ(Jt'_ Pm-b\l;1/1t WDJI'i$ÎOfl 1,6 OfÙ1¢ tDe.wl; í.ÞC n:qijl:$ù.n¡ ¡( !uf:llur!in!Qtp¡'I.-W¡on rq¡ørdìng pmni~ Iðnd 1.1$t'S 111'.<1 d!!:V'elôprnerl! $Wtdmrls within both ~ Pine lÜliicCt;tlrcrnnd Pine ~ Centt:r ~ ÞtJD'. The 1!1lbi~! Ptitys em: oaal'aI within IIIIlnremhange Acúvity Cmm ¡¡od w¡:re nppmvedf¡u'n wide variety j)f limð uses ran¡;¡ing tram general ofJ'it¢ W heavy c(¡mn~Iln:ia!!ISC!I. BiIc.b. PliD id!!!1lilics delitÌ~t a1'el1!l., ,J\, ß and C MI.I A Í!J:mricí1!d to up::!'! Spllœ and WßIDl' ~mt USOll, whûe An2sBand C pm1Ûtc(lmmerciailnnd u~s:. S~cdon 3.3Jl Qf" b<,'th OtdinnnCíot$ Nt! 20(} ·OSond ..20¡)l-09pmn!\ gcwr41 CQtlJ.TIIC1DI'$ (inmp$ 15ZI·1542j and SpCda! tl:al.f1: 'tmb~cl<Irs. Area. "1':'1" pc::rmiltcdWiI:S IIlId SlnlclufCS JrH:!ì,ldcs the: fðt1owÎng: ;.t B<.JildJng CðnJItrHi:ù.,n - Gentt:\t! Coob'ac\l:ll'$ (grot1p!o ! 52 J. ! 542). RECEIVED OCT t It 2003 f"'~W'1J'~I-1Jttu1\'!t'^·tßlnU\~. (Z3~r94;r'·ll44. FAX ~~947..j1:t75 . £'·Maîl:'\tlgifl«,rÎl.'~@tp:.wytlÚJl"¡'>"OOI 3300 Yìdl<;¡ Rí!Y . ßOIÙfj Srri~g¡¡. ¡'1MdI¡41J4·1~h EM,fHJO~ 151 f," t : I:) t ' 1:VII:Jt, Page 4 of 10 1\11, Stat! MIItI'II}', AIO' Rc Rc~ itIr För"I!W 7mini! tnl~ (¡,;(~ 1~.ZOD3 t·~r:'i 4. Cunstn1I.\lÏI.Ib - Special Tradt: CoJJtl'aC,\Qrs ,groups 1111-1731. 1741 <:xc:cpt WI Cðnc.rekl hh)cl: III)'Ìng cøntt'aC't(m;. 1742 except for drywaIIl.-œstruction cQ!U ' ¡;~ Ilncl laOOn ¡¡ (¡Q ilt'4C1,(,tíì., 1743·1152. 1 761 cx~t fur ;roof 5pI1lJIinS, pumting IInCi .;.oatiIlß <.:«IÙ1acttlt». ¡lAd rooûng "lurk Iud repcir cOrttrll<:lor;¡' 17'13, J 796, ! 799, but lInJ} IIwnint', i1J1d \\'ÌndOw shade in.'I!alIatiDn contmctuœ. caulking C\m1J¡¡¡;Wrs. ,,~ btri ~ ca¡¡trncttIl'$, l;Ountcr top il1fitllllllÛoß cnt1tm.."'tO~, fençt CtIt'I!IttUèllon OOt'III'ߢWT'!I, tire proofing buildÍD£5 oof1tt¡¡t:wrn, utnænmwJ m.:UI1 work colUTllCWi"!ô.. , 6, .1.\n, other OOffinx'fcia\ u.-;t or prot~Mm¡¡¡1 øvice use wbich is compambh: in mttuæ whit the íbtégoÌJI u.~, Scctk,n 3.3,B.4 crf both PUD OnJÌDJIni:e,.;¡ pcnmtN l11dw.:1.l)· number 116\, roofing, siding øsl1eot :nettIlwork exeeptJ<rr fOOf $J11"äyr!1g. paltrting and~l)111ing oontt'8CIon" ami roofing work and r::pcir ~ Oue!ltìt;lll, 1 Wt are $etkiøl!: clarülcatkm å$ to whctlKr gnlC'nII painting COJItnlemrs wIIom palor interiors ønd memrs orresld~riltlllnd n_ruidl!lltia\ buIldilllS are permitted "lthin both pun's" (fur msding orboth PUD Ordimrnœ$ 5¡,¡g~l~ that ~l1cra\ peinling <.xmtractl!!3 of'n:s¡d:!l'j¡¡,1 a.n:d !!t5n-œ.'lÎJ.."ßtÎaI building,$ an: ~ Wider indumy ~ 1721, ....'hich Í! " permitted tt'ie ~r:Ji' tmdcr Sccrioo 3,].B.4 of both f>tJD OtdinIInccs. Ploose oonfirm ÙIIU genenù painting cnßtmciors are permì'ttoo uses wltltitJoolh fUI),s, n'¡$ reqliCSt jor intr:tpldati<')I1 t\l!Io sc:.eks Ill! official òetcnniœtíðfl a.1 10 wl\l,.~ 1,1 u.<¡~ nor $pèt.ÌfiOI11h' Jia1ed um:!c:r SI:\.'Ùon 3.3 of œch pun, 1IUIy þç pmml4lQ wi¡bìn eiW:r thI: Píne Rid!;'e Cc:nJ.Çf ofl'iI\< Rìdgt;: CenterW cst I'U)). Tbe ~uIM 1,UH:, indoor Wl\lt'.ÙUu¡¡¡ng, 1!Cir $forage Ï!; not spe¡:ifk4¡,JJy rct"enmœd MOOr Scct\CU! 3.3Jt of either PUD. QJ.IWioo 2 II iødllOr warebuosbli ulf 5turage similar aød ccnnpanlblc co otJKt' \C!I1!Ùtted UHS wltbiJI the I'llPand may Ihef'eføre be deemed II J¢mIitted use? S.cctíor. j J JJ..6 of the J'{ m ')OTTTIits nny {'ther commereialu.<;c nt' prnlè!l$ionID ;;m.'iœ u>e which is cnm 1l\f1Iblc! In n¡¡ture w;1:b the faregaing uses.. MIlD)' (If thcpc:mítU:d lnnd uses in b¡JLh PUD's can ~ ~at\:Sorired as C-4 and c·; ty: '!C uses. Thr: ¡ndoor~f,.gtOl'lJge I;md\l$e (gm\JP 422S) .i1 ¡x:nnitted as ä c:o."1dì1ionall11ìC in the C-4 7.õning district mtd Ii!>.\'! permitted tl~ fn tbI: C-5 amin¡; dislrict f:'~·,j;~~;,rnt;"·w'^'..~ ItH:J1.M Agenda Item No. 178 December 14, 2004 Page 5 of 141 - Page 5 ofl0 N'oL SUSIm 1'11l11'l'i)'. AICI' Re. R~II fbr Fomw.! Zoo¡¡ ¡ Jmel'pMaÛDn ()~, 13..2Ø\'}3 p.~ 1t iN our o lmìon Ihnt Ùll.1 U'I¢ of indoor selr~9k!t8gi! can· be deemed compm'IIble 10 '.:!thcr \IRS pImTIùted within thJ: PliD' ¡ and if! fact. wh<:n comparison Ctf vclili:uhlr trip pcnu!un ŒCS is vi~, the indoorilcU' li.tuœgtl UJæ gcni:tllle¡¡ flit fewer lrip¡¡ lJ~ b ~ 'With ollw'>USlìllIÙ$(1 ~ within the PUD's, A ¡'ip ç(J 1pi\l'ìsøn Ii:> other pmnIUcd \.des. hau 'bdc1tIllUwlu:d,No dcviatilm5 tmmllæJlì\Ci::~nraJ 1"IN' uircmel'lt'i af'tht:tOC have bmt II 'Jptovcll in dw: PUD's and in Ú'Iì:/., specific building (Ú.'\IIÎgn undligbt:ÎJ18 þ¡¡J¡m.15 M.vC b=tÚ\c:(H1~in!i> both PUb's. Th~ løw ~¡~. òI.\tUI'e òf the i:ndoor seJ[~ factlh~' i& complf1ÌÌ1lt: with ¡¡urn¡u¡¡ding propmi<m. Propcr1y immedíatel) tllISt is within 1hc íntm:bonF' activity center ìs 1.1.mCd POD 8114 permit:!; a'widcv:a.-ißty of c.(nnmC1"ci¡¡1 1m:! uses, Prppl'rty to me: south i$ ?lIned CF and is:~loped as Hm.plcc ofNapìes. ttnd ìsscpannoo from dttvclo¡m.'!rt III'eí'II! nn botl¡ RID':;; by the open .i!pIIICÇ and WltteF I11III1I\iClUcnl II1t:a'!I !ihøwn on LIæ n , ¡:;~or plan. Prope.rty to IIJ\lwcst is pl'V.l8mttly Ul1ðc\..::JopcdW'id Zt>noo Agrll,1'u1tum 11 litIS outside the at:tivity cJer¡t¡!r. hul dòes quaJif)' under the Growth. ~Cß1en¡ Plan fur lip tt) ¡ 6 dulacte!i dw to Its location wí1hîu Ii reskltntial deœitybaud, Tð fl1!:!:hd cnn1ùm. ~ t'Ot:rJPí1I.JmIH)' of the ¡~'4()or se.lf·'5ftlras: .bmd tt~ within dre IlIIen::hangt: A~' C~icr ~. II ðimì!nr Úlo:iliLy Wi13 1'(I."œÌIy ;¡pprov;:d lIud i$ ~r Cot1litt\lclÎM mntt:<iitrtc!:y adj Bœ! t to aingJo-i't1mily rmidcntiaJ åW\:tf!mg:¡. lbi$fiu:llity \.W,'Ç permlncdtmder Ihc Qffice and InUII COI11mL'TCÎ!I! crltl:l'Ìn fmmd within !be rutmc Land lJøe EÎCl.'l'tCnI (ji'lhl!' ('JI'(l\litb Manli ,lt.'J1'lMt Plrtn IIIItÌ Î:HlOtwîihinlilemO'l\: IntenSive Aclivity Cd1ÌCi Ynd Vile ~gQry. We iJl'i:'. !ilæk:ìng Ilw Plwmiul DireCk:lt'j¡ official detonnÎ!1.fïtiön as to\vbet:bct aMtber hmd 1J5eDO! specifICally listed ~ Sct:lúm H of Ncl1 PUD may be ·dæmed~1e intuttu!'!! to other pc.m1itted Il~& aJ!Id 1hereforl! perm1tœd 'Within tfw PUD'S, Ou~"'úm 3 b .. øUÚllllobtk dddcmip (SIC II 5SlI)ronrparabk ta otlw' J'M!mdt1rM.t om and ttaereby deemed .. PeI'ØIlntd IIStcÍIJ .m PUI), QUI' re\~f,1Wof u¡:h PUI) indicates that the prcdoo:ùJUII11 land tI$e.S IUC G·4 ami C-; typol.l.!!e!S. Vcl1i;;It. ûe3len¡J¡jp. .Me ¡mtnittecl ;and U.'JO$. within b(ltJJ the C-4 md Co:;. mning PiMtì¢t. 1111; ~ is locarzd .....ilhin an Inoorel1.angç Ac:Mty Cenr.::r. lilrJun!o)'l.'l exist J!1(1iléh pun wiùd1 mot\:! ¡ban adcquau.1y address any e<ll1.1pIUibUl1)' is!'f\lts asrocîlÚerJ with an m,1wmotive derUtm>bip use. Secti(l1 3.3J>.3 (¡fCAch I~nD pr.ohib!n. the lkl\ð nf1antl iI~ or plÙ.'lilicø.drlres$ systems, Scetîø.n Hx. prohibits poÌe UgJ¡tù;Ig, but pemñw ImIppoolS nl1! CJ;cœdîng. 2(1' In height. U¡¡htin¡¡ FI'III)' oot ~wnd mUD adj3C-ocnt properties. t;\¡tA\t.t1<~.¡t.1:.~ji.~.I"¡~ Icr'm:J Page 6 ofl 0 ~~w.~.,_,,_ Agenda Item No, 178 December 14,2004 Page 6 of 141 W, SIaæI Mttmr, AIO' J\!:: ~fárFnmIII¡ Znnin$ inIMprIiWion t)ctabér U. 1003 ;>.4 l~c.hptm pcrmit$ B ~ ~ ~ 1\'I(Íft\ inumsåvc n:taU WIeS, than lIutnui<Jbîle dea1ershî(.I!L We have ~ fm'yOür1\.,"VÌcw.atrip gencmion ~ fora h~ ~~' mI(X.~ .nd( ~toÍrlribUcdcalerWp. ,The 'petak,~ trip ptemt!tmi'IUŒ for ~ proposed lIummobi1cdealer&blp ,II @outt' n¡:,..mïrdof1batJm II bofrMti~ ~n:.1IIKÌ abou1 CHI!:- fifth ôrùw pcaktrips r )f(t'~ ~ 00 tItt 1~M ofihe pr¡:¡peùÎøs. their pcmúUcd ~IWÍ d¢velopmr;ID ~ we believe: a poshi'fl:deÞminldion am ,be I1'UIdc Ibtøut.amclñ\'tl~¡ arc C01n1'wblc \0 atberpmnittrd uscs'M(\ 'de¢medpetmht.etf 1 fiC t wJ!hin tht Pine: IUdgeCenœr and Pine Ridgo:Ccrrter WC$¡ p{,¡1)s. Quedion .. We øck &be: PJaJuring DintdItr'. ~ .., uader eoøunøn owauship of1lothPUD's that. bulfdlør: 1mIy b# emøttUCfed Inw'Cheanmaøn' PUD botmdary. nm R:qUl:$t. for ,in1DrpretntionlÙ$ St'clt:i ~nti{111 of the paminc:d building !iCtbac.k irom the CQmmnh PUO and property bøumIAty øC Ü1cPincRidF Ca\tcf P\JD audPinc Ridge Ceolei' West PUD. Tnt):Jt Site Dcvetoµment Plun prc.øppliœtion mæq we prop<!!ICddevelopmentofbQth P1JÐ', ¡,to; ø UI'Iifiod $ÎnglIHIWI'ICn;'híp pttJjeet wÌIIttèÌn 11 buiJdÎJ¡g wuuJd be eun!!ttI.Wl1!d ()\'er the 1.'tn:ttm01'J PUD b<Jundary end properwtine. Both pm) docUmentS ¡nd1œœ !.bat me sJœ 'yam from the extemw PUll boundary 1s flft=n (t5) ft:d.,nowcVOt". S1aff ~t did aoiîmöw!<:ðgc tbm;wi~P\1D'øMdQI)n..,<entiuuaI1}' ~ p¡npcrlics W¢I'è IIlIIkr CØ1'IImon (j~ 8\1d Uk: zonin¡¡..~!!l1 over the t:om!J1On MJD or W!in¡1 boùn_bad \!eM pemùUed. '11!Ì.$ isOOt'.lsisìent with our ~ of the appli~t1on of minimum yatdNq~ when: properties aœ eornmórily I.'!\\md :md ~ StaJI' did fulfow..¡,¡p wI1b Ii wrinm çonfmnatioo indicating; that in Ibis sìì.uaticm. the: prapoted building ¡¡QUId 'he oomtruchxl uvcrf:bc; comnmn '01 line, We upp..:cial= ,yuuí ilin:lymiewund .respatUIC to the fo1Jt'amI$ of ìnte~on Mnte ~in&.Ì11 mflmmce to the PùIc IUdge Centt:r iU1.d 'Pin \' R,jdp O:t1t¡:r West PUD':s. PfèaI¡e «!n1&t!~ either Ridwd L. Um:st #t (239) 5]4.1000 or me. ir you .hatt any questions or m¡u.ìn: ~tm!It¡ ¡nfurmatton, Sint:er¢I)' , ~,~-~~ D. W.oync Amflcl!i. AICP fin1¡1~ ~ R,¡cblud 1.. <ìTaQt. SKi Fmd,PeD:sñka ~~JI.1II'~W8$.'O¡¡¡','" Page 7 of 10 Agenda Item No. 178 December 14,2004 Page 7 of 141 ~ Agenda Item No. 178 Decernber14,2004 Page 8 of 141 ;'\ COLLIER COUNTY GOVERNMENT ~ímt~ ~i udElWlmJlmenbd StorvieBDI'IfdoD f11¡u\tiln¡¡ Serv¡ÇI:C~J)"'PMh"nt>nt . 28t10N't'll'th· Hot'1í!!~hóe Drh't1 . Nllpl~, FJøri~1I 3.:1· (;4 JaiWJU)' 3.2.004 Mr, ,D. Wayne Arn<:¡Jd. AICP Q,Grndy MjnPf and AssoCÎIIleS. P.A. 3800 Via De! 'Rt)' lhmìia Spr¡u;gs, FL 34134 RE: lJIt'1'P-1Q03-AR-48ØI Request for offtd.lllintcrpn:fa.tton to dè~nnlnf! if certain laRd WIt!Ii and deteløprMItt mndørrL~ Rl1.' fH!'mIit.~ h,· Ihe Pùw.Rldge f'A'fIterand PineR.ldge Cent:èr W.t .'Wíned (Jnit IJIew1I1f'ØIeItí$ fPUnsl. [),;.t\t Me. Am.'M: In yuur!ette.r dated <XtöÞer [3. 1.01"13, YOLJ reql.lei>-red UI! qffidí11\J1teq1relatîulI nf rbe; Pine Ridge ('.ATlter PIJDand ¡be Pine Ridge CCllleI: Wesl PU!) Specificany, ypu asked whether both PUt) ordin~pcrmìt JlCQ:Cfal painting cOIItracwrs ¡Industry No. 1121); wbetOOT indoor warl:ù()1Js!ngw!f.s1()rnge (1.ndusrryNo. 422.5). and iiutorm:lbilcdöald'!.hlp(lìuiw;try No. 3:51 I) ant usC!s camparabJe 111 nature IQ QIhor pemúUcd Im!~' ""jt1un <:.f.Icl¡ PIID anillhercl:!}' deemcù pc¡nJitted uses; and. ",tbether1 buì!dJn:gca.n Ix: ç:on,o;tn¡cted o""Cftbe commooJ't::D ÌXiIUD@ry wb~n the PUDs.fIre undér'(X)lnMOl\ owt\ßl'1I.hip. The roU",wìngj~ my !I:nIl!ysis Had JerMnìnaÜtJn. ThIÍ Filii: Ridg~ Center PUP andPinc RiJ8e Ct!nler Wi::~¡ J>tJI) art:! lor:iJltd wÎtllÎn an ~hnngc A.:.tlYÌty Cc::nf£r in St:'Ction IS, TøW!1&h.i 149 Sötllh. Rnn{1e 26 EliH!.. 'I'1'w Pine RidgeÜ:nìè.r pun is 13.19 ncfi.'S. WI1.~ 400ptcd 'b)' Ordinance Nn. 200 I ·OS.and .a!Jpw. l00.0ÖO M }IJiKteGt of (cm¡¡¡¡en::inl dcvcloprmmL Pine: Rid!~ Cenwt Wi:SI J'T.JD h8..87 acrr,~. .....a.'i¡tdoptl.':d by OrdilUll1Ce Nn. 200(-09, a.nd alJows 100,000 square f~el Qf ~ommercial d~f.\loplmall. EachPlJD is ill ,'idød intøtluee: dc'\'e!opll1tttlt IIR!U: AtCJ1 A ¡, rr:strictcd Ia ( ~n sp3Cc.ltnd stotlfl\HI!er man3géfnent: Ate~ B permItS ~nmmetr.iaJd!!vf!Jt!pmen ranging. from neJghOOrhooo c-pmmêrc¡.aJ fC~¡ Ibrotlgb C·3) IIrses 00 limited beaV)' çollllm.~Ií()~J (C.:'i):. /\T1!ít C l)Mp¡¡, prlmttrily ne.i€,bborhoúd cormtlerclli1 w;.et and Umitad genernJ oorIlJ11/:rda1 uses (<:'-4). Int~í1I1 Nt) I: St\ction 2,7,:'.3, of the, Land DtvekJprr=t CodeHDC) peovide'S, in pertíncml plirt. '''..the /M.f/f!1' pJantm' _M wJitIfPItt:Itt, Jilt: PUD áot'¡¡m<l!rtt (1m! oil otilë'r itrJi..rmatioti and IIW/'$.rùW; fOrma!!y :ruvflIiftq¡J with ÜUI ¡.tl!l/firm pulll b¢ «()tl.lid"r<l!d 11;114' tufhptt1d a.r .-1/1 ilmt"ltdrnt71t1 'l1 tfu~ tänfnf( ('odt ami flftfJl1 bnlN1tItt fht J"tandam.fj..?r tÌeI'ill{}PllllYltfor tile !>'llhjec'1 PUD.... " ~cbPtfD wa~ ftdüþlt,Ò\\'Îlhamll${(!f/lloo; Sc;;¡¡ínn .3.3.01' rot" PUD C\ttliriM~ 1I.,."1S f,.,nh ;1 IÍJit of permitted priw:¡pa! œttt!ne.~$ U$e¡; allowed MOr dghti11 ."o.ma:.B cd C. and. S~ \ 33,3.4. of both PUD ()lIih~ aU('¡w$ "p¡\Jntíng And paper hanging" (Jndwltry NÐ. 1 n I), which Indudes uses st){.Tt us, "fiou-tiC paìntins-oontroot(I[S. ,. and "painting of blIiJding5 and utw W"únUre1i, eXCC 1rmafs""ontTIlCmrs:' AC'CQrdins,ly. it is my determ:Î.wnïün Uw ",¡;cneTa.t pai¡¡ling "ønniCtQ~ of residM!Ì1!1 and non-IesìdJ:1\tial b\liJding.t;" ì~ <I pen'n!tted lIU as of right indevulopmønr Am¡¡ ß În(¡fich PUD. c E.x:~\\br+."{) ~·i. c;;; W,....,. c:H9') .cø-~41.xJ h.t-:Z:;!) ¡)i,n'llr¡¡¡ ",·",."",<;:'¡¡t[)tJ;'OH'~ Page 8 of 10 "'"'----.--.-.". Agenda Item No. 178 December 14,2004 Page 9 of 141 Mr. D. Wayne ArnoJd. AICP PAgt! 2- Januwy 5, 1(JfJ4 ~œtatjr.)n' 2 ,¡!!!!.J' Scctirn\S :U.BI;. Md 3.3Cl9. of ctll::h PUD urdin;mc;: pe.'1JÙb ~ AUy olher C1">UUl1ðfCjul ur;~ ot'pmressit=l ~er\'k\.' I.I~':; which is wmparahìc in 1IJ1Inn~ with Ul1: !breg¡}Ín,. ur,(:~." E<ich l't.ID !=1¡¡it!i>":l)IDlmm;í¡ût1= ran¡,ri¡¡~ al intcrN!)' iUld ¡aduíks: retaiL fIIUmci¡\!. proft:ssi,)ncl. ~J'S(\IMtMd C011ii\¡;v;;;.tion. The i.ß<::S r~.quesre-jj ~ ~('IlY\p11r:\b¡c ft¡ flll~ pril1dr,¡l1'~rmJtlt'rl uses in e.w:h PliD 1m: autns1il1':', (MoH1r Vehicle Dc¡¡J~'Is, Industry N~l. 551 J } '¡I {J mtlQQl wmb0\l:i!1)B seli-slnra¡¡e. iGr-ocn1 W ¡LTebvUs.:: 1iInd S1orage, lndw;cry No.4L'l:5!. Awl' ,I\JÙ~ ¡Industry No. 55 I ¡! t" ¡:¡ sctai! UK ¡¡!lowed ill the ('-4 "'00 C-5 7t1 1Ih~ diSTricts c.'It:g\1riT.Cd by tbe open storaJ.!c oJ ..ehicles. Mm n.ew and \lSßlt RoU[inr;,ly lilcose ¡¡¡liD sales facIlities b,,'iC serY-í...~ a.~~ for œpWfli and 1iCcesoory merclm¡¡dít><: ,.;We!: at~~. AJUIIJlI:j!h <!acl1 POD aUou,'$ rffiIil UIie$. includjng aUTO suppty MoreS. a¡ j(> ttpàh' and ¡'Jurdotlr ¢!1r¡¡ge tl5ß51!re Ml alrowed by thc.c PL1)s oor are these r,;p!lir ¡mù stør..ge uSÞS ci)mptlf'ul1Je In I!lttllre m the use~ pernÜucd in é<Icl¡ pUD. Furtht.t. tœ retail uses pemllU~ in tw:S1:: PUDs £ell ~mJlJl~' il"...... and .~Iom U"" ruc:tdhl!ldbt ¡nillk: buiùiing¡;; und mt1st -.:JI ilCms pur¡;}1,¡,1¡Cù lm 11 mort: úcqw.:t1l ln1.5Ìrt and a1 f¡¡, !<:'1.5 ens! than 1m auhjr\1öj)i¡t Retail u..c~ 1i~II...d in 1111: PUD~ â!'e 11.ppan:J nnd ¡¡l'C~0ry '<!O!'Cs; aUll' ðuppIY~(II1I.~; 14«1 ~¡Ure#-; f\\'1ì(>'f',d fflt\æh;¡lIdj~ 5!öre;s; bome htfnl$bírtgs lIlId equipmenl Sl'::>f'\:S; rnbre Ji\nC4 I¡~ mum 51(11'Os(dl"ug s(iJte". spnning g,wd., i;:ØfficrðsWrc&. fWríslJ>,iJl,tical goo!l&}: and puJ¡¡i. glass. wulJp¡¡pcr. bnrdwut¢ ill1d lawn arJd g~1 supply SIetrCS, 111ê ll1if.1rm¡l!íl>!J ~uh:TI1irt[l{1 by ¡!1t\ pCIÜ:ìtJOOf, including ill nuffili1ì"",,"~i In!} !¡t'lI¢t1l íŒ! c{\mpur¡~,;mj;. !"v<':l!Í) !ballhc I~<;e.. may be (J)mpßùhk. gfliétn fhe dc\';~l',pmcm re.~lda:;dunj. ím __,~ï:d io the PUI) ImÜn¡¡nJ:;t:,S. hnwt:\'t'J. ¡ O~ nnt dC.mlJllStrlllc t!:rnt Ibq an: "... ~...rnpll.rablc in ¡Wan:..." to !Ix use:; pcruúttcd ln clICnf'UD, Gerner.;! warclmuscanJ !i1lJ.ntgtt fludusuy Nn. 4225) l!i ¡;:¡¡u'gon:œd a" the st'mlgc of spe~ml prOOi¡¡;(". such as b-ousetmld good.. j¡!JtQi1'1t1l:)j es ¡clCHd stt,r¡¡ge). 1!1r~. It:I;ÜJcS. whis\(ty. Itt\{1 å)'wLb ¡,I ñ>reign ¡~jde 1.1JPè1\, l\,~ notcU ahove. each P\if) alk.rws a. ;;am:!:)' af ldnll '11U1=~i¡:;JlJsc. ¡¡¡UJi office. pç¡:soni1l :service, cQnsuucû(! ¡ ¡:ot\ttnefør, mill rct'-'ir !\Cn>jer uses: Itûwev;;r. nonl:' of theì\¡: U5CS i\1"t ,.mill\!' or "C'nnlpllrnblcm n;¡fi tt" 10 wnreht,~~ìng, A,g!iJJ], ¡.hcinJurmatior,; ~bm!!tçd hy I~ pCtlhtlfT¢rreVCm& that the uses tn.ayhe L,'ùmpslibfu with tbe pt.Íl.ldpal ¡x-nnítl.l':d !.tS('$ it! c,àd, rUD. but d,'C.... n~! demonstratc tlW ¡hcy aJ\:: còmpàrabk in !W.\JI"C to lho:: U5e;¡ pemlí!;ed it. c&:\¡ PLJD. 1!1J,£J::r~t.¡q.n 4: I:Jr:.."l~nt sta.!¡dun:i5 are prt>viikd In SccÜan3..4. af cnd~ PlID ¡¡rdin.-uu::ç· 5pcdÍK'.aUy, ,,¡ùe Y:lf(heliternal to tlfe PlJD1I:quìn: ,I IS,1om f,etb¡j(,'l Th::: legal d~:\Cripljun r~r c:tch f'UD iJ;,\pedfic and Ib;: dl~<,ç 'iptíoo ddÌn.e:~I""i¡ ~h~ Imml1:tIUj' hnt;; í ~r ~.¡ocl¡ I'U13. and each rUD 11.,. <Ill exn:.m¡;! side yard boundary and !;htlre511 rommone (temRhídc yard I:Immtlury, :ill req{ljring. L~·i¡'(tl SNbück;;, I!wm(ore. it ì~ my drtc:rmìni1Ünn that, 3 sU'U~uti: is pmhïbi led hem bcíll¡; CLJIL\U'IICiÇd (lli'r I'll( common PUD boundar)' rog¡¡¡dl~ of ì'wncfsh~p. PUh;U¡¡fillO !J¡ ..'ISÌOII ].6 of !be LPC. tlus inlcrprct¡fI!Of1 Ìia~ been sellt W you \ìa Cl~rtmtid tUJtÜ. auun receipt rc.qI)C$lcð, MlnHIS Ii yrç.~,,"i'(i, ìnl)Jr¡1rcw1ÌoÐ. ¡¡il pl'Opc1l)' ()\\'I)I..'T.! wilhln ~oo rCcl oUbe subject ¡iropcrly wiJ1 bemillled oolite ofetus iI1u.,,'rpret:IDc!I MId Ii J'lù!:Ìt'e 01 fib; Jmerprcuuiot! and :appeal time fr'llIne.;; \11m be ¡u,h."rt;..cd in fh,!N¡.l(!.k~~ Dttilv New... WiltúlI 30 dIIy,> of n;¡;cìpll'f th~ 1".1et', ;,)1 wít1¡¡n 30 d¡¡j'íì of pybliç¡¡twn I:;f liIe publít; Dulkt:. AD}' /<Î[!:ç cd p:ropcny nWI1l"rnr nggrir.·.·cJI (lr IIdvtT.'d¥ affcclcd pnrry mltY iippcal tb~ imerrm:t1JlÌl)lllr,\ the Bmm:! uf Z.ônÎJ'lg t\ppca1\;. An affet!'.!,;! pro IiN';r' ()WnCi is dcl'mL'f1 a~ un Òwner úf propeny l¡\Ç,l!ed wÎ1hjn 300 fe.!! of the: pn¡perty l!l1e~ <:\1' Ill<: I:tnd fl,r whkh !hi> illlO'þrt:lIJliott I"~ Ix:.:n roltik¡.,d. At: "'\,\JP1I;!\il'{1 <or :.rlwn."ty !\íJ~"":td pl\rty ~i Ücl"mr.:t1 as ID1ypetSIJII or grnup nf XètSL\I:S. whid1 will suffor un aâVl'fSe d'f~1 trI an Í!HI:resl. pf(lIe.cI~.d or futther",! hy thc Comer Cn¡¡nl~' Gmwih Manug:mlCI1t Plan m the Land De,'eJopmcnl CQlle. ,\ n:qUttS1 lur an ----.---------.-. . Page 9 of 10 M,. D.Wlly.ne^ Acrwld. AID' [>!I¡j~ 3 Jamu!I}' 5. 2CX"1 appcm rmuuœ tUrd Ù, wrid~ and 11111$! ~UJle tb,., bAsJ.. fnr Ibe sl'lI.)¢l1 ilfJd ¡lldt1de arry 1~li~nt InJonnalton. ej(hibIt~, tlr,,"hUrblUJk4Jp ¡flfnrmaJJún in sUPI,urt oftbcappc¡¡;), 1'1:11: i1~al mltM be acc"mprmìe.ãby 11 S50( ,!)t} npplh::atiön IIIld phl¡:eg;,ingftt¢. If paynw.nt jli ¡.II ill!! fi)MI of It dJe.:'J::. h !>hOldd. b¢ n:ladtt out t.o the Collitr Coouly DtJuu of Oltt1mì~.s¡oœr" An ¡!PP!~I! om b.¡;:: hand ddivell,d Q ' mailed It! my rr(i~nb('i\ 11,1 the' i'j¡jdre$$ [frP\'idl!d, PJe¡¡;¡e ÙQ rwlfJt;;<Ìlatc It' o:mU"ct me ~n(lJ; !d yrrn hDvcany futfherque~'t¡i)M (In this tnaltet Sincerely, ¿.I,.,.L.o...ti",n (..r~Á.ÁÂ..i\k<U,-·· /' Û Su,¡m M\Jlmy, AIO', IItterîm Director l;:I(;:pïßrtm-cnt!iJf mnJngund Land Dr\'elopjtton\ R¡;wicw ç,,; CQllIer Cf.iUli!Y a~ Ctt çOTI} m~~i( n¡:::rSi Jim Mmld. C'(tuníy Mn"u¡Jcr J.r'i;L."J1h K. F.cl1mjtt. ,"rlmiJùST~utur. Corum, DèVÜloprnclIl &. .E11\'.Scrvk~, Dw. Mkhdc R.MoM:~ .'\J.CP. PritÞ:ipz¡1 P!MIJç¡" :\:I"mllf Smil~,. pet;nitt:ng Superv¡~Qr M¡ujQúe M. :Student. IU$I\itaol CQuury AIWnw, PIl¡rkk (1 WhîIï:. A1'$Í-'aanr CC\J11ly Ant1m.~y Page 10 of10 ~.".~;~,,~..=- Agenda Item No. 178 December 14, 2004 Page 10 of 141 Agf-mda Itern No. 178 Dec.ember 14 2004 Page q of 141 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ttem Number hem Summary 178 This itp.m reQLJirp.!". th~! all pDrtlcipanl5- be swom in and Ex P<!rte DiscJosW'f.: be prov.ded by Commission members, Pet!tion VA-2004-AR-6140, Pine Rirjge Center é lld Pine Ridge Center West PUD$, represented by D, Wayne Amold. AICP ù! Q_ Grady Minor & Assùc.lates, P,A. requf;5ting two 15·fr.1IJ1 vnrjõ!lnces one from the required 15-foot selbß(;k. lor the w85tern bDIJl1ÓAry ofthe Pine Ridgf.! Center PI:1fHlF.'d Unit DeVelOpf"'\Mt (PUD), and a 1S-foot variarlce from Hie required 15·foot s~tblKk for th{!! eastern bcundary of the Pine Ridge C~ntcr We~1 PUD, tQ perm!1 ;'1 O-fDOI selbar.k frorn the Gcmmon hOlJndB.f)" betweel1 the Iì,"o PUDs It is the appJicallr~ intent, if 1he~e,,"arianr..e5 $re granted. to construe! a single offir:e bliildÎng across the. common prou~rt.y iine Meeting Date ',2!14i2004 9:00'00 AM Prepared By D¡¡le Robin D. Mcyer P~incípal Planner 111'22/20043:19:.46 PM Community' Oevelopmerrt 6 Environmenluf S~rvicft$ Zoning & L.nd Development Rt?view Approved By Con'\tanr:(!' A, John$on Operations Analyst D~tf" Community DeveID :)!TIèttt & Etty~ronnmnt.11 Scrvices Community IJcvelopmel\t & E tt....iraOfn~n1a1 5~vice5 Admi.... 11!22120Q4 3:S7 PM Approved By 5u:¡;:a/'l; MlIrray, AICP .7.onlttg 8. L.ln(Ì fH:"r.¡opm~n1 Director Da1~ CommutJIty Oeve!oprntmt & Environmental Service" Zøning & L.1t'Jd Developnumt Heview 11;23/200410:33 AM Approved By Joseph K. 5cl1mlt1 Ccmmuru\y Development & F..nvironmen1i11 Services Admins.trator Date Community Developrmmt & En\litonmcntal Sefvìce5 Community Development It E'nvironment.al Servk;es Admin. 11f24120!)4 6·.52 PM Approved By OMS Coordinator AdfT1ini!l1r.allve ÄJl.sista.nl 0". Couttty ManQger':s. Office Office of Mõllnagement &. Budget , ;¿IV2004 10:23 AM Approved By Mark Isackson Budpet An.¡¡lyst Oat. County Manager's Office Office of Mana9f1men1 & BlJdget 1212120044:25 PM Approved By Mich3et SmykCtwskì f.bnagcn1ent 8. Budget mrr.c.tor Da11! Coul~ty M.arugel'(¡ OffH~e Office I)~ M.¡lnageItH~'t1t & Budget 12f6.r2004 1:11 PM Approved By J.lITteS V. Mudd COU!\ty Managel D;¡,le Board ot' County Comlnj$:s¡t)n~r.!i County I\.hnager's Office 12í7!2004 11 :42 AM r Agenda ItemNo;178 AO.E"N D!?cember 14,2004 . DA 1 r6td~A.2 of 141 Co1tlr County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 4, 2004 SUBJECT: PETITION V A-2oo4-AR-6 I 40, PINE RIDGE INVESTORS PROPERTY OWN.ER/AGENT: OWNER: Pine Ridge Investors of Naples, LLC 2606 Horseshoe Drive, South Naples, Florida 34104-612 I AGENT: D. Wayne Arnold, AlCP Q. Grady Minor & Assoc., P. A. 3800 Via Del Rey Bonita Springs, Florida 34134 REQUESTED ACTION: The applicant is requesting two 15-foot variances, one from the required 15-foot setback for the western boundary of the Pine Ridge Center Planned Unit Development (PUD), Ordinance 2001- 08 Section 3.4.C (Exhibit A) and a 15-foot variance from the required I5-foot setback for the eastern boundary of the Pine Ridge Center West PUD, Ordinance 2001-09, Section 3.4.C (Exhibit B), to permit a O-foot setback from tbe common boundary between the two PUDs. It is the applicant's intent, if these variances are granted. to construct a single office building across the common property line. . GEOGRAPHIC LOCATION: There are two subject parcels which arc under common ownersbip and are in two separate zoning districts. Both are zoned PUD and located next. to one another on the south side of Pine Ridge Road. The first is Pine Ridge Center, which is located approximately 700 feet west of Whipporwill Lane, and the other is Pine Ridge Center West which is approximately 1000 feet west of Whipporwill Lane. Both Pine Ridge Center and Pine Ridge Center West are located in Section 18, Township 49 South, Range 26 East, CoHìer County, Florida.. VA-2004-AR..tJt40 CCPC Meeting date October 7.2004 1 of 11 t Agenda Item No. 178 December 14, 2004 Page 13 of 141 I I . I I ~ I ir dl ill. D.. I i IIII I I 1 ¡ I ;c( :E I . L '11 :::J = = :::: . =r=;;;: E w 1= = = :: I - - :;.; l- I 1&11 ~I== = 1= =:: :: - I ~I I 1= = = ::: (I.) ~ ;:: = ~= I - a~ =i I L Ii . ~ i ;1 ¡ I . , . ....... I "E- . 1111 .~ .1£ I -pi ~ - a.. I. e þ. 2 ai, I Z 0 - ~ < 0 0 Þ -I . VA-2004-AR-6140 CCPC Meeting date October 7. 2004 2 of 11 .~ I 'J,~~I~III ~I . 'fOWOl:l'AJ.HnO:) Ø11O:) ':IN 'Ø'Id'fN :10 StlOiHN« !It:IQ\f ¡MId I .HO:I I . HOWJ.;W~^ . ,I "-- ..... ~~ - = ... ... tIIIIitIi............. _ "~~ T~·"'r"" rTi-------- I ¡ I ! , I I ' i . II I I I I ¡ I I 1- I, I !' I I 4---' .........__--+ ~ í ! . !I )i ~ ~ Ii -------'ij'j ..... -..-.....,._-,.,_."............,. .....-- PURPOSEIDESCRIPTION OF PROJECT: ... ../"''- ... ... 'w _ ..yc, .~ ... ... .,-,,",..- --- ... <-----', I i I ..-- ....,-_............ ~ * Š 1I J. .... ",r-' '-:::::::r=--":;'-:::i' q I I ¡I ¡ _~J~_ : I: ¡, ¡ : I' ! I ¡ I I .J.L_____,_J VA-2C104-AR-614Q CCPC MeetJng date October 7. 2004 3 of 11 i I I I i Agenda Item No, 17B December 14, 2004 Page 14 of 141 . ITf:l.. .. 1.!1.::1 g¡ to- ;; EB _.~------ Agenda Item No. 178 December 14, 2004 Page 15 of 141 Both the Pine Ridge Center and Pine Ridge Center West PUDs were amended on February 27, 2001, to add uses such as building construction, building materials and similar use that were not previously allowed in the two PUDs. At that time the petitioner had no plans to combine ownership and develop both properties as a single project. Therefore, no provision was made to permit structures to cross the PUD boundary even if developed under common ownership. As a result., the applicant seeks a 15-foot variance to allow the Pine Ridge Center PUD to have a 0- foot setback from its west property line., and a 15-foot variance for Pine Ridge Center West PUD to have a O-foot setback from its east property line. The two PUDs were rezoned as separate projects, but have a common 60-foot wide shared access and have identical pennitted uses and development standards. The PUDs are now under common ownership and it is the owner's intent to develop these PUDs as a unified project. It is the owner's belief that a unified development on both PUDs will result in more efficient utilization of the property, and a more cohesive and unified plan of development. In order to pursue this course of action the applicant is requesting that the required 15-foot setbacks for the common boundary between Pine Ridge Center PUD and Pine Ridge Center West PUD be reduced to 0 feet, to allow the applicant to construct a single building over the common property line between the two parcels. The applicant contends that the vaTiance requested is necessary due to the presence of a jurisdictional wetland area that was recently detected on the Pine Ridge Center West PUD. which was not represented on the approved conceptual PUD master plan. The wetland area is located on the southern portion of the PUD and extends approximately 180 feet into the approved development area. This loss of approved development area. coupled with the code requirement for a 25-foot setback from wetland areas and the 15-foot PUD boundary setback. dramatically shrinks the development envelope for the southern parcel of the Pine Ridge Center West PUD to I no feet in width to construct an office building use. It is the applicant's contention that elimination of the 15- foot boundary setback for both PUDs to o feet would permit a single building to be built across the PUD boundary, thereby permitting a reasonable use of this portion of both the PUDs. The applicant further contends that the elimination of the ] 5~foot building setback is not inconsistent with the intent of either PUD ordinance. The development scheme for the property contemplates shared access via a 6O~foot wide easement that extends along the common property line for approximately two·thirds of the property. The pennitted uses and development standards are identicaL further indicating the intent to develop the site in a unified manner. Prior to requesting the variances, the applicant's representative requested an interpretation from the Department of Zoning and Land Development Review (Exhibit C) regarding permitted uses within the two PUDs. As part of that request, they sought concurrence that under common ownership of both PUDs, a building may be constructed over the common PUD boundary/property line. In the formal response, fNTP-2003-AR-4888, (Exhibit D) the director stated; 'The legal description for each PUD is specific and the description delineates the boundary lines for each PUD, and each PUD has an external side yard boundary and shares a common external side yard boundary, all requiring 15~foot setbacks, therefore, it is my determination that a structure is prohibited from being constructed over the common PUD boundary regardless of ownership." VA.2004.AR-6140 CCPC Meeting date October 7, 2004 4 of 11 Agenda Item No. 17B December 14, 2004 Page 16 of 141 Based on the above decision, the applicant's representative decided to request the two I5-foot side yard variances to allow a O-yard setback from the common bound..1ry between Pine Ridge Center PUD and Pine Ridge Center West PUD. If the variances are approved, the LOC allows buildings to cross over property or zoning lines if the property is in common ownership, and therefore, the applicant would be allowed to construct the bui1ding they are proposing. SURROUNDING LAND USE & ZONING: SURROUNDING: North: East: South: West: Pine Ridge Road then a Hotel and retail uses, zoned POO Vacant, zoned PUD, Pine View PUD Hospice of Naples, zoned CF Good Earth Drive and vacant property zoned' A' Rural Agricultural II .. :s r <.. :,'1 pu'bpu IIiUIIE illNDI.IJIII 1 II ¡ . I i 1 , Ui ",- 2'1 .. .1 ... ,. _n T1 Q t2 18 I I :~ ¡ ----~ .~ ... ~J fIfE RIDQE ReAD !:.R._ --''''"'-.-- ~~ ;'>:M:~~( ~e l, ... ~ .1 '\ ,.- ... c,.. ... ... '\ ... \ '\ \ '\ \ '\ \ fL.";' PUD(¡.'ë,':' p~ PINE \ RIDÇE RIOCE \ œ:J{IER ŒN'TER " WEST \ , \ '\ \ \ ¡ I 1 >;" PUD'';! ARE STÞ.l1ON .. I ¡ I ~1 '''I ,'iii, I ¡-___.....at PUD'" PINEV1EW 1I4LDR!OŒ ~ f.<'\ ~ go: ," "'I ::,-- ~~·_--__I A' ,~ ",,, ImWØoI c ~ Oft' I ¡ ~9nina Map VA-20Q4-AR-6140 CCPC Meeting date October 7" 2004 5 of 11 Agenda Item No. 178 Decennber14,2004 Page 17 of 141 AREIAL PHOTO VA-2004-AR-6140 CCPC Meeting date October 7. 2004 6 of 11 Agenda Item No. 178 December 14,2004 Page 18 of 141 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is designated Interchange Activity Center Subdistrict (Activity Center #10), as identitied on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits the full atTay of commercial uses, residential and non-residential uses, institl1tional uses and hotel/motel uses. The GMP does not address individual variance requcb1s; it focuses on the larger issue of the actual use. As previously noted, the subject petition seeks two variances to aUow O-foot setbacks from the common property line between Pine Ridge Center PUD and Pine Ridge Center West PtJD to aHow an office building with interior storage for a contractor, which is an authorized use in this land use designation, to be built across the property line. Therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Futu.re Land Use Element, although the variance request is not specifically addressed. ANAL YSIS: Section 9.4.00 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.4.03 Items A through G, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the following responses to the items in Section 9.4.03: a. Are there special conditions 8.nd circumstances existing~ which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The owners have recently discovered jurisdictional wetlands on a portion of the Pine Ridge Center West PUD, which reduces the developable portion of the propel1y. In addition, when the two PUDs were originally rezoned, they had two separate owners. They are now under common ownership and it is the owner's intent to develop them as a unified project, which is supported by the two PUD documents. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The existence of the previously undiscovered wetland has reduced the developable land available to the owner on the southern end of Pine Ridge Center West. c. WilJ a literal interpretation of the provisions of this zoning code work unnecessary an undue hardship on the applicant or create practical difficulties for the applicant? Yes. The two PUDs were originally zoned separately, but with a common shared access and identical permitted uses and development standards. However, they had different VA-2004-AR-6140 CCPC Meeting date October 7, 2004 7 of 11 _····_·_'_'..___.""""^~".',d' Agenda Item No. 17B December 14, 2004 Page 19 of 141 owners. They are now under unified ownership and the owner wishes to develop the two properties as a unified project. The required 5-foot setback from the common PUD boundary is the only issue that precludes developing this site as a unified development. The remainder of the property on both PUDs is separated by the common access road and will not be affected by this request. The required IS-foot setback from the common property Hoe between the two PUDs works an undue hardship on the property owner and inhibits the efficient development of this property. All of the exterior boundary setbacks will remain as approved, as will the required buffers, which will mitigate the impacts on surrounding uses. d. Will the yariance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The setbacks were reasonable and necessary when the two PUDs were initially rezoned and under different ownership. However, now that they are under common ownership, it makes more sense to develop them as a single entity. The two variances are the minimum necessary to allow a single structure to straddle the PUD boundary lines which is a reasonable use of this property given their singular ownership. Approval of the variances will not have a negative impact upon the standards of health, safety and welfare within the subject property or on surrounding uses. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning rt'gulations to other lands, buildings, or structures in the same zoning district? Yes. The granting of the variances would eliminate the setbacks from both projects common boundary, which other developments in the area and County do have to provide. However, the unique situation which exists with these two properties (having shared access, the same owner. the same penllitted uses and development standards) makes it reasonable to grant the requested variances. f. Win granting the variance be in harmony with the general intent and purpose of this Land Deyelopment Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare'! Yes. The proposed variances will allow development of two abutting PUDs with shared access, the same permitted uses and the same development standards to be developed as a unified project. As a result, the PUDs will appear to be a single development. The exterior setbacks for all other surrounding properties and the required buffers wil1 remain unchanged. the proposed project will not have any additional impact on these lIses if the variances are approved. Approval of the va1iance should not have a negative effect upon the neighborhood as a whole, and will not be detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? VA-2004-AR-6140 CCPC Meeting date October 7.2004 8 of 11 Agenda Item No. 178 December 14, 2004 Page 20 of 141 Yes. The wetland identified on the on the Pine Ridge Center West PUD is a natural condition that restricts compliance the stated standards of Ordinances 200 1-08 and 2001- 09, The variances will only affect the common property owner of the two PUDs and locate the proposed building further back from the A Rural Agricultuntl zoned property to the west. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variances petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does n01 normally hear variance petitions, and did not hear this variance. RECOMMENDATION: Staff has analyzed the guidelines associated with the requested variances, and ha.o;¡ determined that there are several ameliorating tàctors that warrant approval of this petition. The two abutting PUDs are under common ownership, have shared access, and the same permitted uses and development standards. The I5-foot variance from the required 15-foot setback for the western external boundary of the Pine Ridge Planned Unit Development (PUD) and a 15-foot variance from the required 15- foot setback for the eastern external boundary of the Pine Ridge Center West PUD to permit a O-foot setback trom the common boundary between the two PlJDs will only affect the two PUDs involved in the request and not any other property line for either PUD. In addition, the property owner did discover a wetland on the Pine Ridge Center West POO that will have a substantial impact on the developable area available on this parceL StatTrecommends that the Collier County Planning Commission recommend approval of Petition V A-2004-AR- 6140 to the Board of Zoning Appeals, subject to the following conditions: I. The variance is limited to a IS-foot variance from the required IS-foot setback for the western external boundary of the Pine Ridge Planned Unit Development (PUD) and a 15- toot variance from the required 15-foot setback for the eastern externa] boundary of the Pine Ridge Center West PUD to permit a O-foot setback from the common boundary between the two PUDs, as depicted in the applicant's site plan stamped "Received-January 30, 2003, tI except as further restricted below. This site plan is included in this 5taft' report; and 2. The variances are limited to the southern most 534-feet of Pine Ridge Center and Pine Ridge Center West. The property fronting the east and west sides of the shared access road must meet setbacks. VA-2004-AR-6140 CCÞC Meeting date October 7, 2004 9 of 11 Agenda Item No. 178 December 14, 2004 Page 21 of 141 PREPARED BY: G. X'f\ RO N D. MEYER, PRIN . PAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 10//7/6 ? DA 1E I REVIEWED BY: ~ ~Jí-- RA YELI.':OWS, MANAGER '-' DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW í () .. If" D,-/ DATE .. l.¡.ryr),. "}' ',. /" ..I....:.Lá·} .' "-1',-t~/c.··Lð-·(:f ßtJSAN MURRAY, AlCP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1(; //9 j;tj. DATE' APPROVED BY: r.. '. . ~ ~ <;/'/ A"/</ . ':¡~( /,.(Lo.-_~"'Þ!"-~ t'_..,_#-,!,--'~J .~-,Jr:dñ."'' ;·r4ß,I.. ./ JO$EPH K. SCHtviITT. ADMINISTRÞ. TOR Ç<;1MMUNrTY DEVELOPMENT & ~VIRONMENTAL SERVICES DIVISION / .' / . / /C) i.// ¡"" / (/,'1 DA TÊ / A.Jll &/J RUSSELL A. BUDD, CHAIRMAN 1/ )ak DATI! ( Tentatively scheduled for the December 14, 2004, Board of County Commissioners Meeting Exhibits: A. B. C. D. Ordinance 2001-08 Ordinance 200 1-09 Letter Requesting Departmental Interpretation Response to Request for Interpretation by Susan Murray VA-20Q4-AR-6140 CCPC Meeting date October 7,2004 10 of 10 Agenda Item No. 178 December 14, 2004 Page 22 of 141 ORDINANCE 2001-~ AN ORDINANCE AMENDING ORDINANCE Nù'MBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9618N BY CHANGING THE ZONINO CLASSIFICA"ftON OF THE HEREIN DESCRIBE.D REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE PINE RIDGE CENTER PUD, FOR PROPERTY LOCATED ON THE SOUTH SlOE OF PINE RIDGE ROAD (C.R. 896) APPROXIMATELY 660 FEET WEST OF WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA; BY PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-31 AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L Hoover of Hoover Planning & DeveJopment, Inc., representing Peter and Mark Longo, petitioned the Board of County O>mmissi<mers 10 change the zoning classìfication of the herein described rcal property. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification oftbe herein described rea] property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida., is changed fTom "PUO" to "PUD" Planned Unit Development in accordance with the Pill Document, attached hereto as Exhibit ft A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98-31. known as the Pine Ridge Center PUD, adopted on Apríl 28, 1998 by the Board ofCouncy Commissioners of Collier County. is hereby repealed in its entirety. SECTION THREE; This Ordinance shall become effective upon filing with the Department afSlale. -1- , / t )(h I.h rt.A -.- Agenda Item No. 178 December 14, 2004 Page 23 of 141 PASSED AND Duty ADOPTED by the Board of County Commissioners of Collier County. Florida, thisel?Z.t day of -./~ ._._.2001 or, ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY;AMES~~mMAN ATTEST: DWIGHT -E. BRQÇK. Clerk 1,_ l :&,/.;':~;.)/ "'-<$' ~~I ;<P.f2 At st u-to Chi,...·. It~ 01". Approved as to FoOD and Legal Sufficiency ~. /Ji7" h.d:. Maxjo' M. Student Assistant County Attorney This ordlf'\Qnce filed witt. !he Seer.tory of ~~ttice !he ~dQy of· , Z.t»L and a<:knoWledgement of tnol Wi~rece¡ved thjs~ dav of :74~"~6'~ L -/ By T _c ú·¡aoIfr!inI'I'\!!).86·22(1YR8'c...· -2- Agenda Item No, 178 December 14, 2004 Page 24 of 141 PINE RIDGE CENTER PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: PETER AND MARK LONGO CIO OHIO SEALANTS, INC. 7405 PRODUCTION DRIVE MENTOR, OHIO 44060 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED JulY 24. 2000 DATE REVISED January 12. 2001 DATE REVIEWED BY CCPC DATE APPROVED BY BCC-~c:;/. 2 'h ~ ¡ ORDINANCE NUMBER _~__ ð _ EXHIBIT "A" ~_---..,-,.,. Agenda Item No. 178 Decennber14,2004 Page 25 of 141 TABLE OF CONTENTS PAGE TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE ii 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION If COMMERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS 5 7 12 LIST OF EXHIBITS EXHIBIT A EXHIBIT B PUD MASTER PLANIWATER MANAGEMENT PLAN BOUNDARY SURVEY EXHIBIT C EXHIBIT D COMPOSITE MASTER PLAN PERMITTED BUILDING DESIGN PERMITTED BUILDING DESIGN PERMITTED BUILDING DESIGN EXHIBIT E EXHIBIT F ii ,~__.__~..- ,_,~.__.._ N Agenda Item No. 178 December 14, 2004 Page 26 of 141 - Agenda Item No. 17B December 14, 2004 Page 27 of 141 STATEMENT OF COMPLIANCE The development of approximately 8.73 acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Pine Ridge Center PUD will be in compliance with the planning goals and objectives of Co liter County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Pine Ridge Center PUD will be consistent with the growth policies. land development regulations. and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future land Use MaP. as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future land Use Element permits commercial land uses in this area. 2. The subject property is located approximately 3/4 mile west of the intersection of 1-75 and Pine Ridge Road which makes it an integral and important part of the overall dev~opment of the southwest quadrant of the interstate land uses, as permitted by the Future land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the Developments intensity of land uses as required in Objective 2 of the Future land Use Element. 4. The project Development is compatible with and complementary to existing and Mure surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 6. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. 7. An final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities. of the Collier County land Development Code as set forth in Policy 3.1 of the Future land Use Element. 1 ~._._---..,~'_. ". __~~_.v_~.~'- Agenda Item No. 178 December 14, 2004 Page 28 of 141 SECTION I . PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Center PUD. 1.2 LEGAL DESCRIPTION That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida. lying south of Pine Ridge Road. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Peter Longo and Mark Longo c/o Ohio Sealants, Inc. 7405 Production Drive Mentor, Ohio 44060 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill lane, approximately 3/4 mile west of 1-75, in the unincorporated area of Collier County, Florida. B. The property is currently vacant. The entire Project site currently has PUD Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The Project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atias sheet A-27. Runoff from the site will flow easterly to the 1-75 canal system. The Project will be desìgned for a storm event of 3-day duration and 25-year return frequency as well as water quàlity in accordance with the Rules of South Florida Water Management District. 2 \ ._..---~~.- . Agenda Item No. 178 Decernber14,2004 Page 29 of 141 Elevations of the property range from 10.0 feet NGVD to 12.0 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Pane1#120067 0425 D). The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The approximate northern half of the site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. The approximate southern half is pine/palmetto upland and is classified as Pine Fiatwoods according to FLUCCS. 1.6 PROJECT DESCRIPTION The Pine Ridge Center PUD will include a mixture of commercial and office uses. The Pine Ridge Center PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards win be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is illustrated graphically on Exhibit "A," PUD Master Plan. A Land Use Summary indicating approximate 1and use acreage is shown on the plan. 1.7 SHARED FACILITIES For the purpose of achieving the most desirable and effective design of the subject property and providing the most efficient use of the land and the siting of buildings, controlling access and providing the greatest degree of compatibility with the surrounding lands, it is the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement, ingress and egress from Pine Ridge Road and water management with the property abutting to the east, known as the Pine Ridge Center PUD, and whose legal description is as follows: That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. This property is presently owned by Anthony F. Jancigar, Trustee. whose address is 7622 Pebble Creek Circle #204, Naples, Florida 34108. 3 Agenda Item No. 178 December 14, 2004 Page 30 of 141 The chafing of thece facilities does not fimìt, in any manner whatsoever, the right of each individual property owner to use, assign, lease or dispose of its individual property in a· manner of its choosing subject to the limitations prescribed herein as conditions of this PUD approval by Collier County. 1.8 SHORT TITLE This Ordinance shaff be known and cited as the "Pine Ridge Center Planned Unit Development Ordinance." 4 ,~~_..,,--:....--._.....,,--' ..._- Agenda Item No. 17B December 14, 2004 Page 31 of 141 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Pine Ridge Center PUO shall be in accordance with the contents of this document. PUD-Planned Unit Development District, applicable sections and parts of the CoUier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted. the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. An conditions imposed and graphic material presented depicting restrictions for the development of the Pine Ridge Center PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities. of the Collier County Land Development Code at the earliest, or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this Development. 5 -- k~.'_·_··_·- Agenda Item No. 178 December 14, 2004 Page 32 of 141 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A," PUD Master Plan. B. Minor modifications to Exhibit "A," may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "At It easements such as (utility, private, or semi·public) shall be established andlor vacated within or along the property as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A," PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document. any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable. shatl apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments wit! be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUO as provided in Section 2.7.3.5 of the land Development Code. 6 Agenda Item No. 178 December 14, 2004 Page 33 of 141 SECTION IH COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "8", and "C" of the site as shown on Exhibit "A," PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, office, hospital, health service, and contractor uses. The 8.73-acre site is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane. It is also designated as being within an Interstate Activity Center on the Collier County Future Land Use Map. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or uSed,or land used, in whole or part, for other than the following: A.. Area "A" Permitted PrinCÎDal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area liB" Permitted Princiøal Use, and Structures: 1. All Permitted Principal Uses for Area "C" as described within this PUD Document. 2. Building Construction - General Contractors (groups 1521 - 1542). 3. Building Materials, Hardware and Garden Supplies (group 5211 but only kitchen cabinets, doors, garage doors, windows, wood flooring. insulation material, and fencing, 5231 -5261). 4. Construction - Special Trade Contractors (groups 1711 - 1731, 1741 except for concrete block laying contractors, 1742 except for drywall construction contractors and lathing contractors, 1743 - 7 ~,--,..._-- Agenda Item No. 17B December 14, 2004 Page 34 of 141 1752, 1761 except for roof spraying, painting and coating contractors, and roofing work and repair contractors, 1793, 1796, 1799 but only awning and window shade installation contractors, caulking contractors, cleaning buildings contractors, counter top instatlation contractors, fence construction contractors, fireproofing buildings contractors, ornamental metalwork contractors, paint and wallpaper stripping and removal contractors, posthole digging contractors, steam cleaning of building exteriors contractors, tile wall and floor installation contractors, tinting glass contractors. and waterproofing contractors). 5. MisceUaneous Repair (groups 7622 - 7641. 7699 but only bicycle repair, camera repair, lawn mower repair, locksmiths, medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 6. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. C. Area "C" Permitted PrinciDal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5699). 2. Auto Supply stores (group 5531). 3. Depository Institutions (groups 6021-6062). 4. Eating Places (group 5812). 5. Food Stores (groups 5411 groceries and supermarkets only, 5421 - 5499). 6. General Merchandise Stores (groups 5311 - 5399). 7. Health Services (groups 8011 - 8099). 8. Home Furniture, Furnishings and Equipment Stores (groups 5712- 5736). 9. Hotels and Motels (group 7011). 10. Insurance Agents. Brokers, and Services (group 6411). 8 ..-,-_..~--._<- _.--,...-~-~ Agenda Item No. 178 December 14, 2004 Page 35 of 141 11. Legal Services (group 8111). 12. Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5995 (Optical Goods), 5999 (except auction rooms, monument and tombstone sales». 13. Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply Stores (groups 5231 - 5261). 14. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7217,7221 - 7261 except crematories, 7291). 15. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 16. Real Estate Agents and Managers (group 6531). 17. Travel Agencies (group 4724). 18. Video Tape Rental (group 7841). 19. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD document. 2. Drinking Places (group 5813, only in conjunction with Eating Places) 3. Exterior speakers for drive-through facilities are permitted but exterior loud speakers and public address systems are prohibited. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: 9 _~_..._.~ ,.,W^,_,·.____- Agenda Item No. 178 Decernber14,2004 Page 36 of 141 Seventy-five (75) fe·et. C. Minimum Yards: (1) Principal structures: (a) Front Yards - Twenty-five (25) feet. (b) All Yards Along Pine Ridge Road - Twenty-five (25) feet. (c) Side Yards - Ten (10) feet. (d) Side Yards external to the PUD - Fifteen (15) feet. (e) Rear Yards - Fifteen (15) feet. (2) Accessory Structures: Setbacks shalt be as required by Division 2.6.2 of the land Development Code in effect at time of buitding permit application. D. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. E. Maximum Heioht: Three (3) stories or forty (40) feet, whichever is more restrictive. F. Off-Street Parkina and Loadlna Reauirements: (1 ) No vans or trucks rated over one (1) ton capacity shall be parked outside buildings housing contractor's offices or selling building materials except white engaged in loading or unloading activities. Contractor's offices shall be designed so that loading and unloading activities for vans and trucks rated over one (1) ton capacity shall only be minimally visible to off-site motorists and neighboring property owners. (2) As required by Division 2.3 of the Land Development Code in effect at the time of buìlding permit application. G. Landscaøina and BufferinaReauirements: 10 .-- _._-,_.-...~..~.._,--- _..~.~_.,.,...., ...---..-...... Agenda Item No. 178 December 14,2004 Page 37 of 141 As required by Division 2.4 of the land Development Code in effect at the time of building permit application. H. Sians: Signs shan be permitted as described in Section 2.5 of the Collier County Land Development Code. I. Distance Between Principal Structures: Ten (10) feet. J. Solid Waste: Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectura' standards further described in Section 4.98. of this PUO Document. K. Liahtina: Pole lighting shall be prohibited. Architecturany finished lampposts not exceeding a height of twenty (20) feet shalt be permitted. Lighting shall meet the architectural standards further described in Section 4.9B. of this PUD Document. lighting shall be designed so that glare does not extend off-site onto adjacent properties. L Architectural Buildina Desian: (1) All princjpal buildings housing contractors' offices or selling building materials shall be architecturally designed to look similar to at least one of the buildings shown on Exhibits "0" to "F". (2) All building exteriors shall be finished in light or moderate colors except for decorative trim. (3) All exterior building walls shall be architecturally finished and metal exterior walls shall not be permitted. 11 ,.,-.--- Agenda Item No. 178 Decernber14,2004 Page 38 of 141 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. 4.2 GENERAL All facilities shan be constructed in strict accordance with Final Site Development Plans, Fina' Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shan be responsible for the commitments outlined in this document. The Developer, his successor or assignee shall agree to follow the PUO Master Plan and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the Developer is bound by the commitments within this Agreement. 4.3 PUO MASTER PLAN A. Exhibit "A," PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. An necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of aU service utilities and all common areas in the Project. 12 Agenda Item No. 178 Decenlber14,2004 Page 39 of 141 4.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be compteted in several phases. A. The landowners shall proceed and be govemed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitorina ReDOrt: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING A. A water management plan shall be submitted to include the location of the discharge control structure and a cross-section of the proposed perimeter berm. 8. If the property is subdivided into two (2) or more parcels, a plat shall be required. C. A shared access agreement shall be recorded prior to final construction plan approval. D. Work within the Conier County right-of-way shalt meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. 4.6 WATER MANAGEMENT A. A shared water management agreement shall be recorded prior to final construction plan approval. B. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 4.7 UTILITIES A. County water service is available via a 12" water main located on the north side of Pine Ridge Road. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An 8" minimum water main shall be required to serve the site, providing 13 Agenda Item No. 178 December 14, 2004 Page 40 of 141 catculations can show that a minimum of 750 GPM i$ available to serve the commercial activities on the furthest part of the property. B. County sewer service is available via a 12" force main located on the south side of Pine Ridge Road. A minimum size line of 4" is required for the Water Sewer District acceptance. C. AU facilities extended to the site and which lie in platted rights...of-way shall be owned and maintained by the Collier County Water/Sewer District. The faciUties, whether owned by the District or privately owned, shall be reviewed and instaUed in accordance with the requirements of Comer County Ordinance No. 97-17 and aU federal, state and other existing rules and regulations. 4.8 TRAFFIC A. The proposed joint access road shall be privately maintained. The Developer shall establish a 'egal entity responsible for aU future maintenance as a condition of approval of this PUD. B. The County reserves the right to restrict andlor modify the location and use of median openings on Pine Ridge Road in accordance with Resolution 92-422, the Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shaft the County be nable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. C. Substantial competent evidence shall be provided by the Developer to the effect that the project is designed to provide capacity and treatment for historicaj roadway runoff. In addition, site drainage from either project shalt not be permitted to discharge directly into any roadway drainage system. O. An eastbound right turn lane serving the access roadway shan be provided prior to the issuance of any Certificate of Occupancy for the development. E. Compensating right-of-way for turn Janes and mediàn areas shall be dedicated by the Developer to reimburse the County for the use of 14 ---^~----'-'~"'^' -,--,,--- Agenda Item No, 178 Decernber14.2004 Page 41 of141 existing rights-of-way. Such dedication shall be considered site related and there shall be no road impact fee credit due the Developer. F. The County reserves the right to acquire right-of-way for the Pine Ridge Road six-lane project at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right-of-way acquisition shall be made availab'e to the County within 120 days of notification to either or both developers of the County's need for the land or at the time of filing for the first building permit for this site or. the Pine Ridge Center West site I whichever comes first. G. Site specifJC road improvements required for this project, shall be in place prior to the issuance of any Certificates of Occupancy for development. H. Road impact fees shall be paid in accordance with Ordinance No. 2000- 56, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. I. All required improvements, excluding right-of-way donations for roadway segments specifically mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as defined in Ordinance No. 2000- 56, as amended. the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. 4.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. All buildings, lighting, signaget landscaping and visibie architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be 15 ......_.-,.--..__..~ Agenda Item No. 17B December 14, 2004 Page 42 of 141 submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. A common architectural theme for the entire project shaU be designated at the time of site development plan submittal. 4.10 eNVIRONMENTAL A. A minimum of 1.33 acres of natural habitat areas shall be provided on- site, including both the under-story and the ground cover emphasizing the largest contiguous area possible. These natural habitat areas shall consist of at least 0.51 acres of native vegetation that is retained on-site as shown on the PUD Master Plan and up to .82 acres of native vegetation that is replanted elsewhere on-site, as described in Section 3.9.5.5.3 of the Land Development Code. B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, wìth emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. C. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Section Staff for review and approval prior to tinal site plan/construction plan approval. 16 ...-.-- "----...- ._--- Agenda Item No. 17B Decernber14,2004 Page 43 of 141 --- ~---..-.. ~::::r;;.t:!t~-'ii.i -:m-- ¡------ -------- -- ----- ------ :-- -:=::-.:-:--: --== :--:::~:- ë.:_:_:_~_~ --=-. -: - _ = ------- f! --------------- . . --------------.-- ---. ¡ ~ .. .. i l j . .. P' · ~ : ¡ · .. .,:¡ ... t · t .. ... . ¡¡ · . l § / T :I l~lll ,!lIm ~ ;ft~llj :. lìii!~ à ;a I>C W c '" s:: ... v .... '" ¡.. 1 ¡ U .i J í it."J , a ~ .: ;1. I "c¡ ìlti "J¡ ß i !j f ..];J~ J~ ! 11.:1 llig ~-- dl >I! l!:!.& l :< .. t .. I" ~"411~........~ -L .L J , ~l~ifi! .M...... ......... 'I . ;1 1 g, § ~ . :i ~UI till :~lli'i I'~ J: :1 i~~ flitj 0 'Ie: I) ] ::; 1M,: 41 f fi,.!1I .s ... ,:$fjfj H f ii3~ ';oQ Agenda Item No. 17B December 14, 2004 44 of 141 HArrON k SP£NC'£R P/HIF'SSfDNAl I..4ND SUllY rrfJ/ts ,,,,It I I~ ...______ " .r U' ,.. ~ . floe...} (Þ .. ~~ \. ,Þ- 1.1111 t ............6 --(., 'FII . .....""'. -,A#W' . '.....r Aac. ....,.. t-"... '" a"., ... . " .... .r __ .. ~ ~~ .... ~:: tt >Y tI1 .... X \:~ ::I: 1-4 ~= cD Þ-4 it >-3 9- 01\:.: ::: cD ::: ....... ..}- ..... .... '- t:- ..= ~~ ý .... ~. ¡,= :¡ .", .... ý KIll r. IN" '" LEGAL oeSCRIPTIOt4 ,>- COI1'IE~ '" T tHE NOIITHWES T COIItE. fill' IECTIOfI II. TOWNSHP <19 WIIITM. 11/1I0IO& 16 EAST. COUJEII COUIITY . F\.0Rt0^' 'HENCE RUN M 10' U' .19' E <'t.ONG THE HOlnM LIH& OF tHE HOIItHW1ö$f 114 OF 1"'10 M!CT1CIt4 .. FOR A DI""'ItCE OF 1ðO'.34 PEI!T TO nE _THWEtT COllIER OF TIE E"'sr 112 OF tHE Wf.$T 112 01' THE MORTHE"'U II" OF TIE HOIITIlIiE" 114 OF 1..xI dCTIOM .., tHEIICE !tUN 5 00' 2f' .q' I! <'t.OMG tIE weST LItE OF tHE eAST 112 OF 'HI' E$T 112 OF THE NORT'*AST 114 OF HE NORT\4wEsT 114 OF '''10 ""10M II. FOIl " tIIS'ANCE OF 15041 I'EtOT TO ^ "0"' OM THIõ SOUTHØLY RIGHT OF _.., LItE OF HE !llDGE ROAD .1.... MOl. A ''0 FOGT RlGHr OF W"T. ^S __ OM tHE I'\.OftIO" IHõf'AAT .f1ENT OF TI'''HSPORTATION RIOHT OF .AY HAl' FOIl STAf& ROA ) t·I90. seCTIOII 0350.·2eOI, COLLIER COUllf'(. $HEE TS 5 N'4J 6 OF 13, MtO THE rGlMT OF IE~ OF f of ; flARe!!!. OF L^NO HEIlEIH DUC_ED; THENCE CONTNJE S OG' 21' .1' E FOft '" DIU "fICE 01' "0.77 FElt T¡(!N(:I! RUN " 19' H' 31' !! FOR A O''',,"CE OF 3,204.104 FEET; f>E+lCi: RUN WOO' a' r II' FOR II OI$TNlC:S Of' 110,59 FEET TO A '0'" OM " C..Cu.... CUR'tE. COMC""!! TO TIE hglUH, WHOSE RADIUS 1'01''' IEMS NOO' I' OS' e " OI$TANÇE OF '104.51 "En '14SIIEI"IIOM, ,1\10 C\II\'tE UIHG TIE SOUTIEIII.\' lIGHT OF WAV LIHI! Of' PM RIXIE 110",0 IS II.. 1061. THENCI! IIUN .I!ITE.~ T .....ONO THE ""C OF SAID CURVE. IlEtlG 'HE WIIIn.IILY flIGHT Of' WAY lWE OF .... RIXIE ROAD, If"VtIG A.~ OF 'IO'UI FEet, 't.-_ A CENTRI\L ANGlE 01' 01' .' .1', AHI> S1eTi=ÐJ'./ì¡''1r> :s~~~; :':HM~A~" nUl FEEl TO rWl! 'OINT 01' .e~, ICQNtI._ . 73 "CIfS t10fIE Oft LESS' ,Þ- ".. ,>- ''I. \,. ~ y ~ '1411" fÞl \. #I..n' (I'J .. II n' .,. 117- S II ar IS' 'fI" It BOUNDARY SURVEY ,JAr-it tHI/N/rf :urltrt:H , .TO... I.EGAI. OESCff f10H ','!1f,'*I,K JIM ~'.!U.!! "'t.:,r"" fo' -.i.. iUe.. ,..... ~'H.....,. BIOI cn.~ .".." ",.t ~,..... ,. :lSJ.:"W!1:."'Ifk¡,;Jf.UJr I'E"AASÐ to. ,( ARK LONCO PCTER LONCO ~..q* 1ha ~ . ~ Iv ....... ...... __ ... ..... .. c..t._ .... T. ..... _ ........" ~ ....... ..... - ~ ~ (MIl. .. '~r:' ::z..::t.::::: ..-~.;;;;¡..,.........",= _... = t:- ~ ~ ............ .......... n. ....._. 'W.4111 ..,....,...,...........".,........ ......"'..- ..~.... .. .... -- .... ..... ... ... - ....... ---..... ..... .... ..... t~·.:-.:.-r'~~ ~~...... .... ...... ...... ~ - ..... ....'--., "'""'-_........ J:I' It"" t... :-~r;...~..... ......'"~..... C:O~...... f'-O~ ...-0...... o~õ Z~Ll'"J ......~ E(¡;Q.) JB.Q Q') -Ecu CUQ.)CL "Ou C:Q.) ~O .:;: .. .~ . I'. J. ::::::=::::'..i'!:O>""'-"";n.r --- ----------- --- ------. :-:~-=:::~~~:~:~:~: j{ S~~:~:~~:~:~~:~~-~~ . ! u . +-> .... tI) ;a CU :E ~ o( ~ '- '- CU CU +-> +-> C c: I I CU <1J 11 U U .. 'U <1J cu l' .e! 00 bO J "'0 ~ .- .- ! 0::: 0::: <1J cu 5 c:: c:: .- .- Q.. 0... , 11 ~~liJ il,~~J3 I II"i~ lit J I! 'It! 1.. ;!I·hJ d ih-: . ~ ic k h . .. ~ ~ Is .!!.i ~ ~...._-~ -.....--- . A ." ... .""" II J/I .Hi .... ,.1'" Q. «I :::II ¡:: o .... .... ., U oS J J [ i- MÅ ~I 1_:1 i'd. å]!! ß . ..ljJ! ~I' 1m I b:Jt Ii :ß Agenda Item No. 17B Decennber14.2004 Page 46 of 141 EXIllBIT D PERMITTED BUILDING DESIGN ~.~.,.;_._---,~~- Agenda Item No. 17B December 14,2004 Page 47 of 141 EXHIBIT E PERMITTED BUILDING DESIGN --- Agenda Item No. 178 December 14, 2004 Page 48 of 141 EXHIBIT F PERMITTED BUILDING DESIGN Agenda Item No. 17B December 14, 2004 Page 49 of 141 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judioial Cirouit, Collier County, Florida, do hereby certify that the foregoing is a true oopy of: ORDINANCE NO. 2001-08 Which was adopted by the Board of County Commissioners on the 27th day of February, 2001, during Regular Session. WITNESS my hand and the offioial seal of the Board of County Commissioners of Collier County, Florida, this 1st day of March, 2001. ..' ..~~..:~ . ..~ '; J::: :/ ,: .. DWIGHT E. BROCK " .... Clerk of Courts and! Gle1:'~' ,: ". Ex-officio to Board :o~ . ~ "" <, County Commissioners'" ' .. . '-"~' t:;~J~h' d ~;,".::,' By: Ellie Hoffman, Deputy Clerk ,~~. i. . :. . ¡-' ...... ....... Agenda Item No. 17B December 14, 2004 Page 50 of 141 ORDINANCE 200l-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD~ TO "PUD" PLAf',¡'NED UN1T DEVELOPMENT K1>.JOWN AS PINE RIDGE CENTER WEST PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD (C.R. 896) APPROXIMATELY 660 FEET WEST OF WHIPPOORWILL LANE. IN SECTION 18. TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BY PROVIDING fOR THE REPEAL OF ORDINANCE NUMBER 98-32 AND BY PROVIDING FOR AN EfFECTIVE DATE. .. " " WHEREAS. William L. Hoover. of Hoover Planning & Development, Inc, representing Anthony F. Jancigar, Trustee. petitioned the Board of County Commissioners to change the zoning classification of the herein described real pmperty. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: SECTION ONE: The Zoning Classification of the berein described real property located in Section] 8. Township 49 Soutb, Range 26 East, Collier County, Florida, IS changed from "PUD" to "PUD" Planned Unit Development in accordan~ with the PUD Document, attached hereto as Exhibit "A", which is Incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9618N. as described in Ordinance Number 91-102. the Collier County Land Development Code, IS hereby amended accordingly. SECTION TWO: Ordinance Number 98-32, known as the Pine Ridge Center West PUD. adopted on April 28. 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall becume effective upon filing with the Department of Stale. \-~/ E x~,b ¡--r r>__ Agenda Item No. 178 December 14,2004 Page 51 of 141 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Count.y. Florida, Ihjs.,t~ day of ~ ~ .2001. ATTEST: pWlGHT E. BROCK.. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY> FLORIDA BY ~~ JAMES D. RTER, PhD... CHAIRMAN . ¿r:' ~~~r" - ¡!<tZa AUe t at to.ai&......·1 S1gqwe·Oitl". Approved as to Fonn and Legal Sufficiency 711o¿tå rn·~ Marj eM. Student Assistant County Attorney This Ofdinonc~ f;l~d with th<! Secretary et S1'OIe'S Office the ~dayef~.-J end ocknowledÇ'tment of. that fjl~"d thìs/~ day of .~~ By r-'~"" 1 4f ""-./ _c I.V.¡j""nlI'UIJ4I-IIOYRRlCW -2- _'N_·__~···-_····"""____·_~"·_·__"· ,.,..-.- Agenda Item No. 178 December 14, 2004 Page 52of141 PINE RIDGE CENTER WEST PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: ANTHONY F. JANCIGAR. TRUSTEE 1622 PEBBLE CREEK CIRCLE #204 NAPlES, FLORIDA 34108 PREPARED BY: WILLIAM L HOOVER, AICP HOOVER PLANNING & DEV.. INC. 3185 AIRPORT ROAD N., SUITE B NAPLES. FLORIDA 34105 DATE FILED Jufy 24. 2000 DATE REVISED October 27. 2000 DATE REVIEWED BY CCPe DATE APPROVED BY BCe ....j7~.z~:Lœ1 ORDINANCE NUMBER _ ~ EXHIBIT "A" -...--'- Agenda Item No. 17B December 14, 2004 Page 53 of 141 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLANIVVATER MANAGEMENT PLAN EXHIBIT B BOUNDARY SURVEY COMPOSITE MASTER PlAN EXHIBIT C EXHIBIT D PERMITTED BUilDING DESIGN EXHIBITE PERMITTED BUilDING DESIGN PERMITTED BUILDING DESIGN EXHIBIT F it .---.-- --.. ._.- ....-._~ _.'-'~' -.. ... . ~ " "-'._'.~ ... Agenda Item No. 178 December 14, 2004 Page 54 of 141 STATEMENT OF COMPLIANCE The development of approximately 8.87 acres of property in Collier County, as a Planned Untt Development (PUD) to be known as the Pine Ridge Center West PUD will be in compliance with the planning goals and objectives of Comer County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Pine Ridge Center West PUD will be consistent with the growth policies. land development regulations. and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Interstate Activity center land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element The Future Land Use Element pennits commercial land uses in this area. 2. The subject property is located approximately 314 mile west of the intersection of 1-75 and Pine Ridge Road which makes it an integral and important part of the overall development of the southwest quadrant of the interstate land uses, as permitted by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the Developmenfs intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 6. The Project shall be in compliance with aU applicable County regulations including the Growth Management Plan. 7. All finalloeal development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future land Use Element. 1 Agenda Item No. 178 December 14, 2004 Page 55 of 141 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Center West PUD. 1.2 LEGAL DESCRIPTION That portion of the West 1/2 of the West 112 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Anthony F. Jancigar, Trustee 7622 Pebble Creek Circle #204 Naples, Florida 34108 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane, approximately 3/4 mìle west of 1-75, in the unincorporated area of Collier County, Florida. B. The property is currently vacant. The entire Project site currently has PUD Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAl DESCRIPTION The Project site is located within the 1-75 canal basin as shown on the Collier County Drainage·Atlas sheet A-27. Runoff from the site wUl flow easterly to the 1-75 canal system. The Project will be designed for a storm event of 3--day duration and 25-year return frequency as well as water quality in accordance with the Rules of South Florida Water Management District. 2 ,.._.--.._---~- Agenda Item No. 178 December 14, 2004 Page 56 of 141 Etevations of the property range from 10.0 feet NGVD to 12.0 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Pane1#120067 0425 D). The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The approximate northern half of the site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. The approximate southern half is pine/palmetto upland and is classified as Pine Flatwoods according to FLUCCS. 1.6 PROJECT DESCRIPTION The Pine Ridge Center West PUD will include a mixture of commercial and office uses. The Pine Ridge Center West pu~ intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is iUustrated graphically on Exhibit "A," PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHARED FACILITIES For the purpose of achieving the most desirable and effective design of the subject property and providing the most efftCient use of the (and and the siting of buildings, controlling access and providing the greatest degree of compatibility with the surrounding lands. it is the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement, ingress and egress from Pine Ridge Road and water management with the property abutting to the east, known as the Pine Ridge Center PUD, and whose legal description is as follows: That portion of the East 1/2 of the West 112 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South Range 26 East, Collier 'County, Florida, lying south of Pine Ridge Road. This property is presently owned by Peter Longo and Mark Longo whose address is: cia Ohio Sealants, 7405 Production Drive, Mentor, Ohio 44060. The sharing of these facilities does not limit, in any manner whatsoever, the right of each individual property owner to use, assign, lease or dispose of its 3 _...,.._.........._n_ Agenda Item No. 178 December 14, 2004 Page 57 of 141 individual properly in a manner of its choosing subject to the limitations prescribed herein as conditions of this PUD approval by Collier County. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Center West Planned Unit Development Ordinance." 4 Agenda Item No. 178 December 14, 2004 Page 58 of 141 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project. as well as other project relationships. 2.2 GENERAl A. Regulations for development of the Pine Ridge Center West PUD shall be in accordance with the contents of this document. PUD-Planned Unit Development District. applicable sections and parts of the Comer County Land Development Code and Collier County Growth Management Plan in effect at the time of final local devetopment order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted. the definitions of all terms shall be the same as the definitions set forth ¡nthe Collier County Land Devefopment Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictiOns for the development of the Pine Ridge Center West PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development pennitted by the approval of this Petition will be subjeót to a concurrency review under the provisions of Division 3.15. Adequate Public Facilities, of the Collier County Land Development Code at the earliest. or next to occur of either Final Site Development Planapprovat. Final Plat approval. or building permit issuance applicable to this Development. . 5 Agenda Item No. 178 December 14, 2004 Page 59 of 141 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit itA," PUD Master Plan. B. Minor modifications to Exhibit "A," may be pennitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A," easements such as (utitity, private, or semi-public) shall be established and/or vacated within or along the property as may be necessary. 2.4 RELATED PROJECT PlAN APPROVAL REQUIREMENTS A. Exhibit "A," PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3. Site Development Plans of the land Development Code, when applicable, shalt apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PlAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 6 - . ._._".--~.-~._..- Agenda Item No. 178 December 14, 2004 Page 60 of 141 SECTION II COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "a", and "C" of the site as shown on Exhibit "A," PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, office, hospital, health service, and contractor uses. The a.S7-acre site is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill lane. It is also designated as being within an Interstate Activity Center on the Collier County Future Land Use Map. 3.3 PERMmED USES No building, structure or part thereof, shall be erected, attered or used,or 'and used, in whole or part, for other than the following: A Area "A" Permitted PIi!1cioal Us,s and Structures: 1. Open Space. 2. Stormwater Management Areas. a. Area "8" Permitted PrinciDal Uses and Structures: 1. AU Permitted Principal Uses for Area "0" as described within this PUD Document. 2. Building Construction - General Contractors (groups 1521 - 1542). 3. Building Materials, Hardware and Garden Supplies (group 5211 but only kitchen cabinets, doors, garage doors, windows. wood flooring, insulation material, and fencing, 5231 -5261). 4. Construction - Special Trade Contractors (groups 1111 - 1131, 1141 except for concrete block laying contractors, 1742 except for drywall construction contractors and lathing contractors, 1143 - 7 -~"---<^'^ Agenda Item No. 178 December 14, 2004 Page 61 of141 1752, 1761 except for roof spraying, painting and coating contractors, and roofing work and repair contractors, 1793, 1796, 1799 but only awning and window shade installation contractors, caulking contractors, cleaning buitdings contrcK:tors, counter top installation contractors, fence construction contractors, fireproofing buildings contractors, ornamental metalwork contractors, paint and wallpaper stripping and removal contractors, posthole digging contractors, steam cleaning of building exteriors contractors, ti1é wall and floor installation contractors, tinting glass contractors, and waterproofing contractors). 5. Miscellaneous Repair (groups 7622 - 7641, 7699 but only bicycle repair, camera repair, lawnmower repair, locksmiths, medical/dental instrument repair, musical instrument repair, piano repair, sawlknjfe sharpening service, and custom picture framing). 6. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. C. Area nc· Pennitted Princioal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5899). 2. Auto Supply stores (group 5531). 3. Depository Institutions (groups 6021-6062). 4. Eating Places (group 5812). 5. Food Stores (groups 5411 groceries and supermarkets only, 5421 - 5499). 6. General Merchandise Stores (groups 5311 - 5399). 7. Health Services (groups 8011 - 8099). 8. Home Furniture, Furnishings and Equipment Stores (groups 5712- 5736). 9. Hotels and Motels (group 7011). 10. Insurance Agents, Brokers, and Services (group 6411). 8 Agenda Item No. 17B Decernber14,2004 Page 62 of 141 11 . lega.1 Services (group 8111). 12. Miscellaneous Retail {groups 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5995 (Optical Goods), 5999 (except auction rooms, monument and tombstone sales». 13. Paint, Glass, Wallpaper, Hardware, and lawn and Garden Supply Stores (groups 5231 - 5261). 14. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7217, 7221 - 7261 except crematories, 7291). 15. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 16. Real Estate Agents and Managers (group 6531). 17. Travel Agencies (group 4724). 18. Video Tape Rental (group 7841). 19. Any other commercial use or professiona.1 service use which is comparable in nature with the foregoing uses. D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD document. 2. Drinking Places (group 5813, only in conjunction with Eating Places) 3. Exterior speakers for drive-through facilities are permitted but exterior loud speakers and public address systems are prohibited. 3.4 DEVELOPMENT STANDARDS A. Minimum lot Area: T\Y8lve thousand (12,000) square feet. B. Minimum Lot Width: 9 _'N_>~.____->-,",", Agenda Item No, 178 December 14, 2004 Page 63 of 141 Seventy-five (75) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yards - Twenty-five (25) feet. (b) All Yards Along Pine Ridge Road - Twenty-five (25) feet. (c) Side Yards - Ten (10) feet. (d) Side Yards external to the PUD - Fifteen (15) feet. (e) Rear Yards - Fifteen (15) feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. D. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. E. Maximum Heiaht: Three (3) stories or forty (40) feet, whichever is more restrictive. F. Off-Street ParkinG and loadina Reauirements: (1 ) No vans or trucks rated over one (1) ton capacity shall be parked outside buUdings housing contractor's offices or setting building materials except whiJe engaged in loading or unloading activities. Contractors offices shall be designed so that loading and unloading activities for vans and trucks rated over one (1) ton capacity shall only be minimally visible to off-site motorists and neighboring property owners. (2) As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. G. Landscaøina and Buffering Reauirements: 10 ,~~~,..._.~.,_.._-- _.....^~- Agenda Item No. 178 December 14, 2004 Page 64 of 141 As required by Division 2.4 of the Land Development Code in effect at the time of building permit application. H. Siems: Signs shall be permitted as described in Section 2.5 of the CoIUer County land Devefopment Code. I. Distance Between Princioal Structures: Ten (10) feet. J. Solid Waste: Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.98. of this PUD Document. K. Lklhting: Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted. Lighting shall meet the architectural standards further described in Section 4.98. of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto adjacent properties. L. ArchitEtÇtural Builsfina Desion: (1) All principal buildings housing contractors' offices or selling building materials shall be architecturally designed to look similar to at least one of the buildings shown on Exhibits "0" to "F", (2) All building exteriors shall be finished in light or moderate colors except for decorative trim, (3) All exterior buitding walls shall be architecturaUy finished and metal exterior waUs shall not be permitted. 11 Agenda Item No. 178 December 14, 2004 Page 65 of 141 SECTION IV DEVELOPMENTC~ENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. 4.2 GENERAl All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County land Development Code shaJl apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee shalf agree to follow the PUD Master Plan and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the Developer is bound by the commitments within this Agreement. 4.3 PUDMASTER PlAN A. Exhibit "A," PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project 12 --- ----_._- Agenda Item No. 178 December 14, 2004 Page 66 of 141 4.4 SCHEDULE 9F DEVELOPMENT/MQNITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be compfeted in several phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitorina ReDort: An annual monitoring report shan be submitted pursuant to Section 2.7.3.6 of the Collier County Land Develop"..nt ~. . 4.5 ENGINEERING A. A water management plan shall be submitted to include the location of the discharge control structure and a cross-section of the proposed perimeter berm. B. If the property is subdMded into two (2) or more parcels, a plat shall be required . C. A shared access agreement shall be recorded prior to final construction plan approval. D. Work within the Collier County right-of-way shan meet the requirements of Collier County Right-at-Way Ordinance No. 93-64. 4.6 WATER MANAGEMENT A. A shared water management agreement shall be recorded prior to final construction plan approval. B. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 4.7 UTILITIES A. County water service is available via a 12" water main located on the north side of Pine Ridge Road. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An 8" minimum water main shall be required to serve the site, providing 13 -,~,_. ..--.... ~.....-...._.._-._--..~. Agenda Item No, 178 December 14, 2004 Page 67 of 141 calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest part of the property. B. County sewer service is available via a 12" force main located on the south side of Pine Ridge Road. A minimum size line of 4" is required for the Water Sewer District acceptance. C. All facilities extended to the site and which lie in platted rights-of-way shaH be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned. shall be reviewed and ;nstalted in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. 4.8 TRAFFIC A. The proposed joint access road shall be privately maintained. The Developer shall establish a legal entity responsible for all future maintenance as a condition of approval of this PUD. 8. The County reserves the right to restrict and/or modify the location and use of median openings on Pine Ridge Road in accordance with Resolution 92-422. the Collier County Access Management Policy. as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. C. Substantial competent evidence shan be provided by the Developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage from either project shall not be permitted to discharge directly into any roadway drainage system. D. An eastbound right turn lane serving the access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the development. E. Compensating right-of-way for turn lanes and meéiian areas shan be dedicated by the Developer to reimburse the County for the use of 14 ,~~~--_._~ -,- Agenda Item No. 178 December 14, 2004 Page 68 of 141 existing rights-of-way. Such dedication shall be cons.idered site retated and there shall be no road impact fee credit due the Developer. F. The County reserves the right to acquire right-of-way for the Pine Ridge Road six-lane project at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right-of-way acquisition shall be made available to the County within 120 days of notification to either or both developers of the County's need for the land Of at the time of filing for the first buifding permit for this site or the Pine Ridge Center West site, whichever comes first. G. Site specific road improvements required for this project, shall be in place prior to the issuance of any Certificates of Occupancy for development. H. Road impact fees shall be paid in accordance with Ordinance No. 2000- 56, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. I. AU required improvements, excluding right-of-way donations for roadway segments specifically mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as defined in Ordinance No. 2000- 56, as amended. the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. 4.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidetines and Standards of the land Development Code. Said unified architectural theme shall inctude: a similar architectural design and use of similar materials and colors throughout all of the buildings, sìgns, and walls to be erected on the site. landscaping and streetscape materials shall also be simdar in design throughout the site. A conceptual design master plan shaU be 15 Agenda Item No. 17B December 14, 2004 Page 69 of 141 submitted concurrent with the first apptication for Site Development Plan approval demonstrating compliance with these standards. A common architectural theme for the entire project shall be designated at the time of site development plan submittal. 4.10 ENVIRONMENTAL A. A minimum of 1.31 acres of natural habitat areas shall be provided on- site, induding both the under-story and the ground cover emphasizing the largest contiguous area possible. These natural habitat areas shall consist of at least 0.51 acre of natNe vegetation that is retained on-site as shown on the PUO Master Plan and up to .80 acre of native vegetation that is replanted elsewhere on-site. as described in Section 3.9.5.5.3 of the Land Development Code. B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on areas of retained native vegetation. shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. C. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shalf be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. 16 _0____-_ ~--,.,-- -- ·f . . . . õoQ ilf J~ . i ¡Þ4r . : ,.. ¡iI.' :! I "~Ui J j t I'JII.~ J i!:JHi ! Agenda Item No. 178 December 14, 2004 Page 70 of 141 '...: . ..... - ,Q :a ~ :::----....--...--'7....~-... ___..........___. _._ ----h____!!' ........ .....~J -------------------------- =.::::=::.::=--:=:-:::::::; ¿;:--- - - -::.::::- -=---= . - - - - - .It ---------------------- - - - _. - - . f· ----....-....--.........___.._______. II ,EJ .. ~. .... f J !1 ï; 'J¡ ft!hü!låm 'I:,Þ JJlil:it. }I íJ~ :!t~II" !ld I! $ ~I .. -:. Jlj ] II! I ,Iii ; ije fi~: J 11" III~ Œ .. ! I.:.. II r"t! 11 i fa ,ot I ¡j 1")'1"*] 11f,:,U! !1'djiJi 11I11¡1 iJ ~!lnJhi!l· 1 11111:1 i Agenda Item No. 178 December 14,2004 41 HArrON k SP£NC£R "lttl,,.SSllI"ÁI. 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ÎJi;J åI .-.-- .~,~....._..__.-- _.~..._._--,..- ,.,-... ,._.._--, .....__.....-__._-~. ___c Agenda Item No. 178 December 14, 2004 Page 73 of 141 EXHIBIT D PERMITTED BUILDING DESIGN .-- Agenda Item No. 178 December 14, 2004 Page 74 of 141 EXHIBIT E PERMITIED BUILDING DESIGN _m·_"_.__ ---"--~~---»~.- Agenda Item No. 178 December 14, 2004 Page 75 of 141 EXIDBIT F PERMITIED BUILDING DESIGN --...'~~-"'- Agenda Item No. 178 December 14, 2004 Page 76 of 141 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit. Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO, 2001-09 Which. was adopted by the .Board of County Commissioners on the 27th day of February, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of March, 2001. '. HT ¡ : DWIG E. BROCK {,:. Clerk of Courts and! Clerk '. Ex-officio to Board:of County Commissionerf:Ì. . .... -'-. p,~ LJ#~ ;.~..;,¿. .... ...... By: Ellie Hoffman, Deputy Clerk .' . .'- .. " ...,., <i Q. GRADY MINOR & ASSOCIA TEST P.A. Qvil Engineers. Land Surveyors. Planners Agenda Item No. 178 December 14, 2004 Page 77 of 141 Q. GRADY MINOR. F.E. MARK W, MINOR. P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT; F.E. MICHAEL J. DELATE. F.E. NORMAN J. TREBILCOCK, A.LCP., P.E. MATTHEW J. HERMANSON, P.F- October 13,2003 D. WAYNE ARNOLD, A.l,C.P. ROBERT flBOBu THINNES, A.l.C.P. THOMAS J. GARRIS, P.s.M STEPHEN V. BURGESS. P.S.M. MICHAEL L. HARMON,PE.M. ALAN v. ROSEMAN Ms. Susan MUITaY, AICP Collier County Planning Services Director 2800 North Horseshoe Drive Naples, FL 34104 INTP-2003-AR-4888 PROJECT #19990239 DATE: 10/20/03 MICHELE MOSCA RE: Request for Fonnal Zoning Interpretation Dear Ms. Murray: Weare the authorized representatives for the contract purchaser of properties located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. The subject properties comprise two planned unit developments known as Pine Ridge Center PUD (Ordinance. No. 20ot-08) and Pine Ridge Center West PUD (Ordinance. No. 2001-09). Both projects were approved by the Collier County Board of Commissioners on February 27, 200 1. Although, the properties are under separate ownership, the PUD documents reflect nearly identical development standards, pennitted uses and conceptual master plans. The Properties are contiguous. The conceptual master plan for each PUD demonstrates a common access way along their common property lines. For your reference, a copy of the respective PUD Ordinances have been provided with this request for fonnal interpretation. Pursuant to Division 1.6 of the LDC, we are requesting a formal interpretation regarding permitted land uses and development standards within both the Pine Ridge Center and Pine Ridge Center west PUD's. The subject PUD's are located within an Interchange Activity Center and were approved for a wide variety of land uses ranging trom general office to heavy commercial uses. Each PUD identifies development areas, A, B and C. Area A is restricted to open space and water management uses, while Areas B and C pennit commercial land uses. Section 3.3.B. of both Ordinances No. 2001-08 and 2001-09 permit general contractors (groups 1521-1542) and special tradc contractors. Area "B" pennitted uses and structures includes the following: 2. Building Construction - General Contractors (groups 1521-1542). RECErVED OCT 1 4 2003 F:\JOB\KPRDD\WA\1S-11Gl.JLdoc (239) 947-1144. FAX (239) 947-0375. E-Mail: engineering@gradynúnor.com 3800 Via Del Rey a Bonita Springs, Florida 34134-7569 a EBILB 0005151 I t t. ¡ E~·. >C·k I c,. i (-, ,( \ J \ I < ¡ KPRDD Ms. Susan Murray, AICP Re: Request for Formal Zoning Interpretation October t 3, 2003 Page 2 Agenda Item No. 17B December 14, 2004 Page 78 of 141 4. Construction - Special Trade Contractors (groups 1711·1731, 1741 except for concrete block laying contractors. 1742 except for drywall construction contractors and lathing contractors, 1743-1752, 1761 except for roof spraying, painting and coating contractors, and roofing work and repair contractors, 1793, 1796. 1799, but only awning and window shade installation contractors, caulking contractors, cleaning buildings contractors, counter top installation contractors, fence construction contractors, fireproofing buildings contractors, ornamental metal work. contractors. . . 6. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. Section 3.3.B.4 of both POO Ordinances permits industry number 1761, roofing, siding and sheet metal work: except for roof spraying, painting and coating contractors. and roofing work: and repair contractors. Question 1 We are seeking clarification as to whether general painting contractors whom paint interiors and exteriors of residential and non-residential buildings are permitted within both PUD's. Our reading of both POO Ordinances suggests that general painting contractors of residential and non-residential buildings are permitted under industry number 1721. which is a pennitted use category under Section 3.3.B.4 of both PUD Ordinances. Please confirm that general painting contractors are pennitted uses within both PUD's. This request for interpretation also seeks an official determination as to whether a use not specifically listed under Section 3.3 of each POO, may be permitted within either the Pine Ridge Center of Pine Ridge Center West PUD. The particular use, indoor warehousing, self storage is not specifically referenced under Section 3.3.R of either PUD. Ouestion 2 Is indoor warehousing self storage similar and comparable to other permitted uses within the PUD and may therefore be deemed a permitted use? Section 3.3.B.6 of the PUD permits any other commercial use or professional service use which is comparable in nature with the foregoing uses. Many oftbe pennitted land uses in both PUD's can be categorized as C4 and C-5 type uses. The indoor self-storage land use (group 4225) is permitted as a conditional use in the C-4 zoning district and as a permitted use in the C·5 zoning district. F:\JOBIKPRDD\W A\JS310!3L.doi:: KPRDD Ms. Susan Murray, AICP Re: Request for Fonnal Zoning Interpretation October 13. 2003 Page 3 Agenda Item No. 178 December 14, 2004 Page 79 of 141 It is our opinion that the use of indoor self-storage can be deemed comparable to other uses pennitted within the PUD's and in fact when comparison of vehicular trip generation rates is viewed, the indoor self storage use generates far fewer ttips than is associated with other uses also pennitted within the POO's. A trip comparison to other pennitted uses has been attached. No deviations &om architectural requirements of the WC have been approved in the PUD's and in fact, specific building design and lighting standards have been incorporated into both POO'S. The low intensity nature of the indoor self-storage facility is companöle with surrounding properties. Property immediately east is within the interchange activity center is zoned PUD and pennits a wide variety of commercial land uses. Property to the south is zoned CF and is developed as Hospice of Naples, and is separated from development areas on both PUD's by the open space and water management areas shown on the master plan. Property to the west is presently undeveloped and zoned Agriculture. It lies outside the activity center, but does qualify under the Growth Management Plan for up to 16 du/acres due to its location within a residential density band. To further confinn the compatibility of the indoor self-storage land use within the Interchange Activity Center Property, a similar facility was recently approved and is under cons1ruCtion immediately adjacent to single-family residential dwellings. This facility was permitted under the Office and Infill Commercial criteria found within the Future Land Use Element of the Growth Management Plan and is not within the more intensive Activity Center Land Use category. We are seeking the Planning Director's official determination as to whether another land use not specifically listed under Section 3.3 of each PUD may be deemed comparable in nature to other pennitted uses and therefore permitted within the PUD's. Ouestion 3 Is an automobile dealership (SIC # 5511) comparable to other permitted uses and thereby deemed a permitted use in each PUD. Our review of each PUD indicates that the predominant land uses are C-4 and C~5 type uses. Vehicle dealerships are pennitted land uses within both the C-4 and C-5 zoning District. The property is located within an Interchange Activity Center. Limitations exist in each PUD which more than adequately address any compatibility issues associated with an automotive dealership use. Section 3.3.D.3 of each POD prohibits the use ofland speakers or public address systems. Section 3.4.k. prohibits pole lighting, but pennits lampposts not exceeding 20' in height. Lighting may not extend onto adjacent properties. F:VOB\KPRDD\W A\JS310131.doc KPRDD Ms. Susan Murmy, AICP Re: Request for Fonnal Zoníng Interpretation October 13.2003 Page 4 Agenda Item No. 178 December 14, 2004 Page 80 of 141 Each PUD pennits a wide variety of more intensive retail uses, than automobile dealerships. We have prepared for your review, a trip generation comparison for a home improvement superstore, supermarket and automobile dealership. The peak hour trip generation rates for the proposed automobile dealership is about one-tlùrd of that for a home improvement superstore, and about one- fifth of the peak trips for a supermarket. Based on the location of the properties, their permitted uses, and development standards, we believe a positive determination can be made that automotive dealerships are comparable to other pennitted uses and deemed permitted uses within the Pine Ridge Center and Pine Ridge Center West PUDs. Ouestion 4 We seek the Planning Director's concurrence that under common ownership of both pun's that a bunding may be constructed over the common PUD boundary. This request for interpretation also seeks confirmation of the permitted building setback from the common PUD and property boundary of the Pine Ridge Center PUD and Pine Ridge Center West PUD. In our Site Development Plan pre-application meeting, we proposed development of both PUD's as a unified single-ownership project wherein a building would be constructed over the common PUD boundary and property line. Both PUD docwnents indicate that the side yard from the external PUD boundary is fifteen (15) feet, however, staffpresent did acknowledge that where POOlS and conventionally zoned. properties were under common ownership and like zoning, construction over the common PUD or zoning boundary had been permitted. This is consistent with our understanding of the application of minimum yard requirements where properties are commonly owned and developed. Staff did follow-up with a written confirmation indicating that in this situation, the proposed building could be constructed over the common lot line. We appreciate your timely review and response to the fOUT areas of interpretation we are seeking in reference to the Pine Ridge Center and Pine Ridge Center West PUD's. Please contact either Richard L. Grant at (239) 514-1000 or me, if you have any questions or require additional infonnation. Sincerely, ~.~-~ D.Wayne Arnold, AICP Enclosure cc: Richard L. Grant, SIG Fred Pezeshka F:\JOB\KPRDD\W A1JS1101 )L.doc: KPRDD Agenda Item No. 17B December 14,2004 Page 81 of141 Prepared by: Q. Grady Minor & Associates, P.A. Civil Engineers - Land Surveyors - Planners 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 (239) 947-0375 (Fax) October 2003 INTP-2003-AR-4888 PROJECT #19990239 DATE: 10/20/03 MICHELE MOSCA Pine Ridge Center SUMMARY OF TRIP GENERATION CALCULATION FOR 60 TH.GR.SQ.FT. OF MINI-WAREHOUSE 08/15/03 Agenda Item No. 178 December 14, 2004 Page 82 of 141 DRIVE AVERAGE STANDARD ADJUSTMENT WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2-WAY VOL 2.50 1. 78 1.00 150 7-9 AM PK HR ENTER 0.09 0.00 1. 00 5 7-9 AM PK HR EXIT 0.06 0.00 1. 00 4 7-9 AM PK HR TOTAL 0.15 0.39 1.00 9 4-6 PM PK HR ENTER 0.13 0.00 1.00 8 4-6 PM PK HR EXIT 0.13 0.00 1. 00 8 4-6 PM PK HR TOTAL 0.26 0.52 1.00 16 SATURDAY 2-WAY VOL 2.33 1.69 1. 00 140 PK HR ENTER 0.00 0.00 1.00 0 PK HR EXIT 0.00 0.00 1.00 0 PK HR TOTAL 0.40 0.64 1.00 24 SUNDAY 2-WAY VOL 1. 78 1.46 1.00 107 PK HR ENTER 0.00 0.00 1. 00 0 PI< HR EXIT 0.00 0.00 1.00 0 PK HR TOTAL 0.30 0.55 1.00 18 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Pine Ridge Center SUMMARY OF TRIP GENERATION CALCULATION FOR 60 TH.GR.SQ.FT. OF SINGLE TENANT OFFICE 08/15/03 Agenda Item No. 178 December 14, 2004 Page 83 of 141 AVERAGE RATE STANDARD DEVIATION AVG WKDY 2-WAY VOL 11.57 8.30 7-9 AM PK HR ENTER 7-9 AM PK HR EXIT 7-9 AM PK HR TOTAL 1. 58 0.20 1. 78 0.00 0.00 1. 51 4-6 PM PK HR ENTER 4-6 PM PK HR EXIT 4-6 PM PK HR TOTAL 0.26 1.46 1.72 0.00 0.00 1.49 SATURDAY 2-WAY VOL 0.00 0.00 PK HR ENTER PK HR EXIT PK HR TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 SUNDAY 2-WAY VOL 0.00 0.00 PK HR ENTER PK HR EXIT PK HR TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS ADJUSTMENT FACTOR DR-WAY VOLUME 1. 00 694 1.00 1.00 1. 00 95 12 107 1.00 1.00 1.00 15 88 103 1. 00 o 1. 00 1. 00 1. 00 o o o 1.00 o 1.00 1.00 l.OO o o o ®.,." Pine Ridge Center SUMMARY OF TRIP GENERATION CALCULATION FOR 150 OCCUPIED ROOMS OF MOTEL 08/15/03 Agenda Item No. 178 Decernber 14, 2004 Page 84 of 141 DRIVE AVERAGE STANDARD ADJUSTMENT WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2-WAY VOL 9..11 4.39 1. 00 1367 7-9 AM PE: HR ENTER 0.23 0.00 1.00 35 7-9 AM PE: HR EXIT 0.41 0.00 1.00 61 7-9 AM PK HR TOTAL 0.64 0.84 1.00 96 4-6 PM PK HR ENTER 0.31 0.00 1.00 46 4-6 PM PK HR EXIT 0.27 0.00 1.00 41 4-6 PM PK HR TOTAL 0.58 0.78 1.00 87 SATURDAY 2-WAY VOL 8.84 3.62 1. 00 1326 PK HR ENTER 0.34 0.00 1.00 51 PK HR EXIT 0.42 0.00 1.00 63 PK HR TOTAL 0.76 0.93 1.00 114 SUNDAY 2-WAY VOL 7.39 3.76 1. 00 1109 PK HR ENTER 0.32 0.00 1. 00 48 PK HR EXIT 0.28 0.00 1. 00 42 PK HR TOTAL 0.60 0.80 1.00 90 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Pine Ridge Center SUMMARY OF TRIP GENERATION CALCULATION FOR 60 TH.GR.SQ.FT. OF SPECIALTY RETAIL CENTER 08/15/03 Agenda Item No. 178 December 14, 2004 Page 85 of 141 AVERAGE STANDARD ADJUSTMENT DR-WAY RATE DEVIATION FACTOR VOLUME A VG WKDY 2-WAY VOL 40.67 13.70 1. 00 2440 7-9 AM PK HR ENTER 0.00 0.00 1.00 0 7-9 AH PK HR EXIT 0.00 0.00 1.00 0 7-9 AM PK HR TOTAL 0.00 0.00 1. 00 0 4-6 PM PK HR ENTER 1.11 0.00 1.00 67 4-6 PM PK HR EXIT 1.48 0.00 1. 00 89 4-6 PM PK HR TOTAL 2.59 1. 74 1. 00 155 SATURDAY 2-WAY VOL 42.04 13.97 1.00 2522 PK HR ENTER 0.00 0.00 1. 00 0 PK HR EXIT 0.00 0.00 1. 00 0 PK HR TOTAL 0.00 0.00 1. 00 0 SUNDAY 2-WAY VOL 20.43 10.27 1. 00 1226 PK HR ENTER 0.00 0.00 1. 00 0 PK HR EXIT 0.00 0.00 1.00 0 PK HR TOTAL 0.00 0.00 1.00 0 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Prepared by: Q. Grady Minor & Associates, P.Á. Civil Engineers - Land Surveyors - Planners 3800 Via Del.Rey Bonita Springs, Florida 34134 (239) 947-1144 (239) 947-0375 (Fax) October 2003 INTP-2003-AR-4888 PROJECT #19990239 DATE: 10/20/03 MICHELE MOSCA Agenda Item No. 178 Decernber14,2004 Page 86 of 141 Pine Rigde Center Auto SUMMARY OF TRIP GENERATION CALCULATION FOR 43 TH.GR.SQ.FT. OF NEW CAR SALES 10/13/03 Agenda Item No. 178 December 14.2004 Page 87 of 141 AVERAGE RATE STANDARD DEVIATION ADJUSTMENT FACTOR DR-WAY VOLUME AVG WKDY 2-WAY VOL 37.50 24.92 1. 00 1613 7-9 AM PK HR ENTER 7-9 AM PK HR EXIT 7-9 AM PK HR TOTAL 1.61 0.60 2.21 0.00 0.00 1. 92 1.00 1. 00 1. 00 69 26 95 4-6 PM PK HR ENTER 4-6 PM PK HR EXIT 4-6 PM PK HR TOTAL 1.12 1. 68 2.80 0.00 0.00 2.02 1. 00 1.00 1.00 48 72 120 SATURDAY 2-WAY VOL 21. 03 9.38 1.00 904 PK HR ENTER PK HR EXIT PK HR TOTAL 1.51 1.46 2.97 0.00 0.00 2.15 1.00 1. 00 1.00 65 63 128 SUNDAY 2-WAY VOL 10.48 5.23 1. 00 451 PK HR ENTER PK HR EXIT PK HR TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1. 00 1.00 o o o Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Pine Ridge Center Supermarket SUMMARY OF TRIP GENERATION CALCULATION FOR 60 TH.GR.SQ.FT. OF SUPERMARKET 10/13/03 Agenda Item No. 178 December 14, 2004 Page 88 of 141 AVERAGE STANDARD ADJUSTMENT DR-WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2-WAY VOL 111.51 0.00 1.00 6691 7-9 AM PK HR ENTER 1. 98 0.00 1.00 119 7-9 AM PK HR EXIT 1.27 0.00 1.00 76 7-9 AM PK HR TOTAL 3.25 3.11 1.00 195 4-6 PM PK HR ENTER 5.87 0.00 1. 00 352 4-6 PM PK HR EXIT 5.64 0.00 1. 00 338 4-6 PM PK HR TOTAL 11.51 4.76 1. 00 691 SATURDAY 2-WAY VOL 177.59 0.00 1. 00 10655 PK HR ENTER 6.25 0.00 1.00 375 PK HR EXIT 6.00 0.00 1.00 360 PK HR TOTAL 12.25 4.63 1.00 735 SUNDAY 2-WAY VOL 166.44 0.00 1. 00 9986 PK HR ENTER 0.00 0.00 1.00 0 PK HR EXIT 0.00 0.00 1. 00 0 PK HR TOTAL 18.93 0.00 1.00 1136 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 6th Edition. 1997. TRIP GENERATION BY MICROTRANS Pine Ridge Center Home Improvement SUMMARY OF TRIP GENERATION CALCULATION FOR 110 TH.GR.SQ.FT. OF HOME IMPROVEMENT 10/13/03 Agenda Item No. 178 December 14, 2004 SUPERSTORE Page 89 of 141 AVERAGE STANDARD ADJUSTMENT DR-WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2-WAY VOL 35.05 7.90 1.00 3856 7-9 AM PK HR ENTER 0.80 0.00 1. 00 88 7-9 AM PK HR EXIT 0.68 0.00 1.00 75 7-9 AM PK HR TOTAL 1.48 1.27 1. 00 163 4-6 PM PK HR ENTER 1. 35 0.00 1.00 148 4-6 PM PK HR EXIT 1.52 0.00 1.00 167 4-6 PM PK HR TOTAL 2.87 1.84 1.00 316 SATURDAY 2-WAY VOL 45.67 0.00 1. 00 5024 PK HR ENTER 2.86 0.00 1. 00 3~5 PK HR EXIT 2.54 0.00 1. 00 279 PK HR TOTAL 5.40 2.33 1. 00 594 SUNDAY 2-WAY VOL 20.93 0.00 1.00 2302 PK HR ENTER 0.00 0.00 1. 00 0 PK HR EXIT 0.00 0.00 1. 00 0 PK HR TOTAL 4.20 0.00 1. 00 462 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS .t-,,, '-to. Agenda Item No. 17B December 14, 2004 Page 90 of 141 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department· 2800 North Horseshoe Drive · Naples, Florida 34104 January 5, 2004 Mr. D. Wayne Arnold, AlCP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 RE: INTP·2003..AR-4888 Request for official interpretation to determine if certain land uses and development standards are permitted by the Pine Ridge Center and Pine Ridge Center West Planned Unit Developments (PUDs). Dear Mr. Arnold: In your letter dated October 13,2003, you requested an official interpretation of the Pine Ridge Center pub and the Pine Ridge Center West PUD. Specifically, you asked whether both PUD ordinances permit general painting contractors (Industry No. 1721); whether indoor warehousing self-storage (Industry No. 4225), and automobile dealership (Industry No. 5511) are uses comparable in nature to other permitted uses within each PUD and thereby deemed permitted uses; and, whether a building can be constructed over the common PUD boundary when the PUDs are under common ownership. The fallowing is my analysis and determination. The Pine Ridge Center PUD and Pine Ridge Center West PUD are located within an Interchange Activity Center in Section 18, Township 49 South, Range 26 East. The Pine Ridge Center PUD is 8.79 acres, was adopted by Ordinance No. 200 1-08, and allows 100,000 square feet of commercial development. Pine Ridge Center West PUD is 8.87 acres, was adopted by Ordinance No. 2001-09, and allows 100,000 square feet of commercial development. Each PUD is divided into three development areas; Area A is restricted to open space and stonnwater management; Area B permits commercial development ranging from neighborhood commercial (C-l through C-3) uses to limited heavy commercial (C-5); Area C permits primarily neighborhood commercial uses and limited general commercial uses (C-4). IntelJ>retation No.1: Section 2.7.3.3. of the Land DC?velopment Code (LDC) provides, in pertinent part, "...the master plan for development, the PUD document and all other information and materials formally submitted with the petition shall be con.'iidered and adopted as an amendment to the zoning code and shall become the standards for development for the subject PUD..." Each PUD was adopted with a master plan; Section 3.3. of both PUD ordinances sets forth a list of permitted principal commercial uses allowed as of right in Areas B and C; and. Section 3.3.B.4. of both PUD ordinances allows "painting and paper hanging" (Industry No. 1721), which includes uses such as, "house painting-contractors," and "painting of buildings and other structures, except roofs-contractors." Accordingly. it is my determination that "general painting contractors of residential and non-residen"tial buildings" is a permitted use as of right in development Area B in each PUD. c \ ~"""". j Ex:~t>rt ~~) l~~ .. '" c " H t .\' Q Phone (239) 403-2400 Fax (239) 643-6968 www.co!lie.rgov.net Agenda Item No. 17B December 14, 2004 Page 91 of 141 Mr. D. Wayne Arnold, AICP Page 2 January 5, 2004 Interpretations 2 and 3: Sections 3.3.B .6. and 3.3.C.19. of each PUD ordinance permits .. Any other commercial use or professional service use which is comparable in nature with the foregoing uses." Each PUD permits commercial uses ranging in intensity and includes: retail, financial, professional, personal, and construction. The uses requested as comparable to the principal permitted uses in each PUD are auto sales (Motor Vehicle Dealers, Industry No. 5511) and indoor warehousing self-storage (General Warehouse and Storage, Industry No. 4225). Auto sales (Industry No. 5511) is a retail use allowed in the C-4 and C-5 zoning districts categorized by the open storage of vehicles, both new and used. Routinely these auto sales facilities have service areas for repairs and accessory merchandise sales areas. Although each PUD allows retail uses, including auto supply stores, auto repair and outdoor storage uses are not allowed by these POOs nor are these repair and storage uses comparable in nature to the uses permitted in each POO. Further, the retail uses permitted in these POOs sell smaller items and store the merchandise inside buildings; and most sell items purchased on a more frequent basis and at far less cost than an automobile. Retail uses listed in the PUDs are apparel and accessory stores; auto supply stores; food stores; general merchandise stores; home furnishings and equipment stores; miscellaneous retail stores (drug stores, sporting goods, canlera stores, florists, optical goods); and paint, glass, wallpaper, hardware and lawn and garden supply stores. The information submitted by the petitioner, including a narrative and trip generation comparisons, reveals that the uses may be compatible, given the development restrictions imposed in the PUD ordinances. however, does not demonstrate that they are "... comparable in nature. .." to the uses permitted in each PUD. General warehouse and storage (Industry No. 4225) is categorized as the storage of special products, such as household goods, automobiles (dead storage), furs, textiles, whiskey, and goods at foreign trade zones. As noted above, each PUD allows a variety of retail commercial uses plus office, personal service. construction contractor, and repair service uses; however, none of these uses are similar or "comparable in nature" to warehousing. Again, the information submitted by the petitioner reveals that the uses may be compatible with the principal permitted uses in each PUD, but does not demonstrate that they are comparable in nature to the uses permitted in each PUD. Interpretation 4: Development standards are provided in Section 3.4. of each PUD ordinance. Specifically, side yards external to the POO require a IS-foot setback. The legal description for each PUD is specific and the description delineates the boundary lines for each POO, and each PUD has an external side yard boundary and shares a common external side yard boundary, all requiring I5-foot setbacks, therefore, it is my determination that a structure is prohibited from being constructed over the common PUD boundary regardless of ownership. Pursuant to Division 1.6 of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site-specific interpretation. all property owners within 300 feet of the subject property will be mailed notice of this mterpretation and a notice of this interpretation and appeal time frames will be advertised in tbe Naples Daily News. Within 30 days of receipt of this letter, or witbin 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is defined as any person or group of persons, which will suffer an adverse effect to an interest. protected or furthered by the Collier County Growth Management Plan or the Land Development Code. A request for an Agenda Item No. 178 December 14, 2004 Page 92 of 141 Mr. D. Wayne Arnold, AlCP Page 3 January 5, 2004 appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, ~~ Susan MUITay, AICP. Interim Director Department of Zoning and Land Development Review Cc: Collier County Board of Commissioners Jim Mudd, County Manager Joseph K. Schmitt, Administrator, Corom. Development & Bnv.Services Div. Michele R. Mosca, AICP, Principal Planner Alamar SmUey, Permitting Supervisor Marjorie M. Student, Assistant County Attorney Patrick G. White, Assistant County Attorney Agenda Item No. 178 December 14, 2004 Page 93 of 141 RESOLUTION 04- A RESOLUTrON OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER VA-2004-AR-6140. PINE RIDGE CENTER PUD, REQUESTING A VARIANCE TO REDUCE THE IS-FOOT EXTERN.AL PUD SETBACK FOR THE WESTERN PUD BOUNDARY OF THE PINE RiDGE CENTER PUD~ AND THE EASTERN PUD BOUNDARY OF TI-IE PINE RIDGE CENTER WEST PUD TO PERMIT A O-FOOT SETBACK FROM THE COMMON PUD BOUNDARIES. DUE TO THE NOW COMMON OWNERSHIP OF BOTH PLANNED UNIT DEVELOPMENTS, IT IS THE [NTENT OF THE PROPERTY OVv'NER TO DEVELOP A UNIFIED PROJECT. LOCATED [N SECT[ON 18, TOWNSHIP 49. RANGE 26 EAST ON PROPERTY HEREINAFTER DESCRIBED [N COLUER COCNT'r'. FLOR[DA. \I/HEREAS. lhe Legislature of the State of Florida in Chapter ! 25, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulaholls as are necessary for the protection of the public: and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDCI (Ordinance No. 91-102. as amended) which establishes regulations for the zoning of particular geogruphic divisions of the County, among which IS the granting of variances: and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected. has held a public hearing aHer notice lIS in said regulations made and provided, and hIlS cQnsidered the advisability of a variance to reduce the 15-lt1Ot external PUD setback for the western PLJD boundary of the Pine Ridge Center PUD; and the eastern PUD boundary of the Pine Ridge Center \\lest PUD to permit a O-foot setback from the common .PUD boundaries. Due to the now common ownership of both Planned Unit Developments. it is the intent of the property owner to develop a unified project as shown on the attached plot plan. Exhibit "A", in a "PUD" Zone for the property hereinat1er described, and has found as a matter of tàct that satisfactory provision and arrangement have been made eonceming all applicable matters required by said regulaúons and in accordance with SectIon 2,75 of the Zoning Regulations of said Land Development Code tor the unincorporated area of Collier County: and ~ Agenda Item No. 178 December 14, 2004 Page 94 of 141 WHEREAS, aU interested panics have been given opponunity 10 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 APPEAU; OF COLLIER COUNTY, FLORIDA that The Petition VA-2004-AR-l)\4Q filed by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, representing Pine Ridge Investors of Naples, LLC with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for variance to reduce the 15-foot external PUD setback for the western PUD boundary of the Pine Ridge Cemer PUD; and the eastern PUD boundary of the Pine Ridge Center West PUD to penni! a O-foot setback from the common PUD boundaries. Duc to the now common ownership of both Planned Unit Developments, subject to the following conditions: Exhibit "C' BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2004-AR-6140 be recorded in the minulcs of this Bourd. This Resolution adopted after motion. second and majority votc. Done this _____ day 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA -----.-.-.------- BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: -_.__.__._-_._--~- MaJjorie M. Student Assistant County Attorney \' ,\·l'~ì4·AR.{> 14oRM"p Agenda Item No, 178 December 14, 2004 Page 95 of 141 '~IIII)II :J · · [tG \'mIO'Y'.wi'!OOaIIII'TItJ:) ~ 131dWf{JIO~aocMI3N1d' Ii:(. .~~A. I ~ .. .. ... .1"'- .. .. - -....,. ø _~ _ _ ___ lOt .. .. ~~ a.' WJ ... ø = -----,.,;. ........ .. j I ; œ ~ I , I à I I ~ ~ ! í _._~ I ! 11---'-' ¡ . , I i i ...... ......,.--.«....... ....... ..............--.p. ) , tC:I'1II........"--~ Exhibit "A" ,.. .. '3RANT FRIDKlt". :- - ·..RSON, ÀTHÅN & (;RÇ.....'I PA '551 Ri4gøwOod DIll. &iJlte501 ;;J NiPtes, Aori& :'i4108 Agenda Item No. 178 3316421 OR: 346äe~~t"6t~~1 utOlDD 11 omcm ncøUS of COLUII œnn, r' n119IZDu It Ih1m ÞltGlf J. '1«1, em.t CUll 1&25....1. lie 111 15." DOC-.70 1.3J5.'0 " ~~v \S"" ¡I 1)\~ 1bia Instrument Prcpæed By: \' John Paulich Ill. Esq. ,;1] PauUch Slack & Wo1ff,P.A, \; 801 Anchor Rode Drive, Suite 203 Naples, FL. 34103 Uta: mn llIDlJl1T AI. 5511 mGIIOOD ø '581 mw n mo. Patcel LD. Number(s): OOZ8740000' TBIS W AR.RANTY DEED made 1M ¡Jt6 day of December, 2003, by whose postofticc addœu is ~ -<aUod!he1bl ~ wrrNESSETH: 'Ibat valuable considerations, æccipt a1iCll$. remises, æJeases. conveys and Collier County. Florida. viz: See PARCEL 1 of ExhIbit "A" .ftached hereto GRANTOR W ARltANTS TBJS IS NOT HOMESTEAD PROPERTY OR CONTIGUOUS THERETO. TBJS IS VACANT LAND. TOGETUE.K \\lith an rho œnemcnu, heredifameJtts aud appurtonanœs thezeto belonging or in anywise appettaining. To Have and To Bold, the same in fee simple forever. And me Grantor heRby covenants with said Grantee that the Omntor is lawfully seized of said land in fee simple; that the Otatator has good right and lawful authority to sell and convey said land; that the Grantorheæbyfu111\\'a:mmtS the title to said. land and wiJ] defend the same against the t j' 'i? J I . - E)(~\D l" . ':-:. V A-2004-AR-6140 PROJECT #19990139 DATE: 712104 ROBIN MEYER . ........... ,,~ ,.... .. "". t I ~ J "'. .... .....~...., ....._.~..., -. ,.- .......__ '" . I'¿ ". . Agenda Item No. 178 OR: 3468 WrW\tn1 .. .~ ... " . lawful cllÛmSof all persons whomsoever¡ and that said land is me of an encumbrances. except taxes accming subsequent to December 31. 2003; and subject to all easemenu. restrictions and reservations common (0 the subdivision. In Witness Whereof', the said Otantor tw signed and sealed these presents the day and year fi!$tabo1lC written. Signed. sea1ed& deliveIed in our presouce: ~:oo. Trustee or unrecorded Trust A:reement 88-42,..1 ~ ~tï ~ ... Wj #1 Signature NM'f é'U4,j .ÝL",ç~1 Wi #lPrinœdName. ~--- S' aturc (L~4' WitnesS #2 Printed. Name ~~ STATE OF FLORJDA COUNTY OF COT 1 ~ The foregoing . by A1Itbony F. Jaadgar, indI produced driver' & license as idcnti t My Commiqion BxpiIes: MØK.IoW)MIIJ.AN ttr'XW~'CC"11 EXPIIIS:Nnutl.m05 ..........Nk......- - ~ ., .' --...' , ~ - .." - '> þ Agenda Item No. 17B December 14,2004 tit OR: 3468 lO:,," 'Í.t1 kxJulllT -¡''' . . . ' .. ". ... Cot..IV~ It tho ...... ooe 2r sr ....,.~ (ClUN); ... 8 · 2 baYiI¡ ..... of5 ehonI tð&b ... ..,' 3$,06 teet ~ . pa(m of W9,S' fed, I bløa N .,. 40- .u- POJNrOl " ButIIb. bJp24E11C, CoIUer QJaIIr.'J1Jœiù _N 19' ]4' .. B 12U.7. foet; o of.. ,_hi .... WqtlDo alÞS.tiJp.. .~...,.. 'd111eft . Ica&1b of.24Ø k... JiøB; t1aaar.e lor W .fIIt I. 1D" d¡td..... a.. 16 feet _.... ~ 22' 5$" 'W 3SM.. to 1ba ... . .. " I ! ,-I I , 1~/1Z/~Z ~:I. FAX .41 4~4 O~~8 .ICBKAN patFXE LAN~... " ùtiANT. FRIOl<Jf4. I't!ARSON. ~ {, Þ.THAN & CROWN. PA \ 1\ 5551 R140ewood Drive. Suite 501 \ If) NãpIeS. f10ñda 34108 " 'hiIIo.....,.......__.....nWl ~4 1ft. ....f an:: 11"_..... ~_ ~"..... ~ '" -..., 1l'.IA.. :II" JWot.tiI$ 1Ii:ö1r:.-C ~ ....-.. 3.00 ~_, r.r. 3.:1.02 ~. ,1" r Agenda Ite~.417B December 14, 2004 Page 990f141 3316420 OR: 3468 PG: 1943 UCOOIÐ 11 D!rICIll BCOIH of CfJLUIJ coon, n î21U/Z001It t2:U'1 mer 'f 11OCI, cmt cors ZimoM' lit m n.i. lI8C".70 um." "ù'C4\ m I'hu"," 002&'7$20002 !et'D: we flIDlIlIT AL 1m RIIKiIiOOD H 'SOl Warranty Deed oms f£ 3UOt n... Iadeøtarc, M:..te6i' I"Z". ~o, I)a........ . G3t , .2003 A./:'J-. BeCwHIa ..~:c- x,oÞ90.. . -..z::z::f..å --.n, and. Fi..-....J.r 1». ~, .. ~.s..d. ,,~D'....,# __ob -.a 1::0 &A \J.DoCI:1.~ on.-h&1.:£ .i.D:t:._~, or 1M ~ of: ~oga ,-- of Ohi.o . p1U1tonlt .... p;i.ne ~_ %a....t:ow. o~ ..p~, u.c, . ~::Lo2:.i.da ~.à.lD:Lt:AId. J.:l.aJ>i.J.L'b,r ~~ ........ ~ lit 'Of' 0.. o.....r of a-.. Of" »"J,o:¡:Ld.& t ~ WIta~1IIIIt _... oìt.AlttOlla, tor_ III _II-ð---.Jw_ at .._~______......___..~_ -........--..~ ~.....A.....9 ($1G) ...-----...---..........---...--- I)C)J-I......... ... ..... po4 ... .,....... I II ~ tf1/<r 111 ~ ... .... pd4 ,., ~ .. dMtIJt ~.. ~ . ed ...1 :III'" ...... ......... ......... ........... .. ....... ~ .. ~ ...... J .1 ~ ... tI1IIII:IpII........... ~...... ............ ........,...".,....~~ c:o~-..: ..... øt ~ 100. .... 1D:am:=: "A" A~ :JIJiUr mn.œo:r '.l' S,,:)-=1:. 't:e ~1uf44t:!.OÞ.II &ad. z:~, :!..:£ aIQ', aDd. ~. .~~~ on- pai:"'11I..'t:.2· ~:Ua P:Þ"".-..--=t3r ot: 1:JMa ~ -~ ~1::oZ'. !JI!'JMa ~ þ.:t;a....., C~CNI'CI., OR " .....O"O(:r.:D%o). :BrS %8 ~ ~. ..... _ ~ dO ~ tl>1t7 _ 0Ia dao 10 DId l11li4. aH 'WÐI ~ lilt _ apIan ~ dIIIJN 01 .. ..- ~-. ~--...........--.- ----~ . - ~ ,. ,-. ,. -. . , .,- 1~~12/200~ 12!$4 PAX .41 ~~4 o~~. JitXCIÐWI DBIFIE Le\1f'lER... OR: 346t~..ami~ib~~ ~ag~P11J!~f 141 , - ... . Warrau.t'y Deed -...... " .......IØ Mu...... 002 e'lfI5200 O~ .*,.....".. t, --;.. - -... ß...... ..~-- , . ';.'"L ~_ _ ~-(SaÐ .* ...__:w ~ ".':;' 1'.0. ~ ...Þpt~~ c:øcanl.oR ...,.,',' : Î' . ,... . . ! . . '. (,;~ * ". ., -. . ......·..~'J..l ..... "1t~\ ..' . .. .7.......···\*" .. .,..ts-1> . . "', ... ..... ~ . OII.~"'" ",-, .. ~ . ' .' . . C' ... r· "..... .. ~ ,20Q . ...t....,.. STATE 01" ~ CO'(.JNIY O:B A'\-ò Thw ......... .... ~z1'.r x>. ~, & ........-ar .....-...- -:'''''''''--~ 113' ...... Jih:Îb1.J.d ...-...... PJCI'RICIA" LAWLIY.__ N01'ARr PLIBUC. 8TA1ECFottó W'eomø.........NGN.,.. O.R.c. 8tdIon 14't.œ , " '\ao' ____"..~~.....- 0Ift)- -..- -..... " ..- , --- -...... .,;. . - _ ~ ~t ........ ~ "'" ;:......""."'~ . Agendà IfémÑõ.--{"7S·"< ~J , - ~*t OR: 3468 ~Gre~~4~48~~ '. . .. ~ . EXRIB!!l' -A" .. ~ -' .... .. A- A A noABaat ~(B k) ~ West QDIIo.baIl(W K) o!lbe Ncdaem ~--oœ K) âf1hc: " · Nortb'tMt cmc...qu.cta' lNW ~) of Sodkm 1'" T09IJIIShip -49 ~ 1œp 2Cí nut, Co1üJ C<Hmty, FJodda, == pllticu1ady dtICtihed u fbUOWI: ~ ,.., '\. 'ßuItp,ortIo!I. atfb: &It haIIaffbe We$1 bti' of1ht ~t&!'Iiø Nðdhw~q,ad'I«. SecdGl11I,'T~1bip 49 Sou&. RauacI:l1 E'u1, CoÞ .... ~ l1Ja¡.Sd or. ..; '.'\' Rk1p Road CJl. No. 196; bcin¡ molt part$cu1a1t.f destdbed ItS foDowlf ÇœPn-.e It 'the NOISb-. com« of Sec1iah 11, TOWD!IIdp.49 SaI1tb" kmp 26 BId, Com. . CøøaIJ. fJodda:.~ nm}bth W13' 3,. Eutaloq tMNudh Jbsc ofllJd8ed1oa 11 for. d1sDtocIJ of J.6Ø1~ _ to tho NOJ'tbow.t ... or _ But ]aø)f' or dais Walt U1f of 1bc Nartheutqwmrattlse Nønb.wasqutll1a'oflUlid Scoüau t8~ tUGcol'USl SoaIk 00- ZI' 41" &lit- _1110 Wes!JIao øtCle BastJd' of1ba Westilllfuft'ho ~... al1!lo N~ quru:r ot..w Seo6aa .18 fGr. dIsWIco of13..47 feet to thai &.1b:dJ ~ IiIJo ofS&* RotIl'No. &-1M' (fIDe lUdp Road). a 150.00 footri,Bht-ot...,-,.. tJz IIQM s.1bown aD FIaIidt ~t4-í1 of''fllllLlpOlialio¡ Rigbt.ofWl)' NIp ftr 8tIU:Road No. 8.~ ~OJSQ4.26O.!. eo1Dcr CoIudy, Sheås 5 -.I , of 13, _ '&be P01NT OJ BRœNNINO ~ the p.aoI oflmd . hendD delm:ibed¡ daeDec ccmtinœ aJoq thè West I1œ oftbc P..t haI£ or the W.wrclf'1bcNonbeast or.ad Sectiw 11 tor.. dlstIDœ ot1.t~G.'IJ~~.~~~... . W~.~~~1!J~~.. Gf1llD ~&....~ :14' 3'1"' 1ioDI" Soøt11 Uue of t1Ic East bBJt of 1biI ~th~ .,... ofll!4 , Sccdœ J. for. of Eat wtot'lbe WflltWf or the: NGI1bcat I; bD:ó I1IIL Naitb 00- 23' ... '.. 11· "'at .... die NotIaaIt..prlet at_ N...... quøúIr of . pa!Dt lID. cbItIr carve · .~). ·t. Q)bC&YDtob'Nœth;' West.iII~of$,I04.51', feet tbarc6om. sùI or the; ~ ~ RaId No. s-a96; fhc:Dœ 11ac I8IDC bciD.Jtha Saadsaiy ri¡1Hf...., he of ... 5J'Q4.sa ~ 1IøoaP .. cen1D1 _.ofD3·11·~fot8n J"OINTOF~:" .' WS AND BXCBn: , , 'A þarce1 ofl:md.11iøa fz18ecsdoa 11, T~+'I: Soœh, Jtmao U &It, ~~,~ . . ID4 behss JIIOtapertlc:u1my 4csaW II ~ " . ". t'Moo~ fit tk: NozthWlSt IIOIJJCr of IIkI Secdcm 18; 1beDoe Nønb ø ...... 34 iaIaaIa 36 .... Bast 1Iaø&'" aœ& Bœ oIlIIIId SecdoD. It, a ..~ uf 1612..20 W; .... 8røh 0 dcancl24 .....n_ M UGODdI East. . cBlØ.tJICe of 13'.5' ". to thI POINT œ ~ Aid PaIm:.. ¥aI- b SoWa Jtø'bt-øt....,.. ofPiue ItWsoRoad (CJl. I", - WDldIe bcøbøúDs of..~I'""''''''' ~ 111 ihe NorIb, b:øIq a ndba 015904.51 tiIet,. ceatrI1 .. oU a.p.lll11Ù1'1Ød1 08 ~ lØd&d:Imd ofS22,liI....1-aiagSwtla........ 35 mimJta OS rODOadI:aut¡ tht.aI:e £at alaq aid ~ a &tmcø ot322.n Ad; 'IJIc:acc SøIdh o dcsrca 26 ÍDJzØu 11secoøds But, a tIIDDco ot!5.oo teet to.dIe pohIt øf cumÞ.ftt of. JIODw ~ cune" ~~ to the ~ ~. Þdtus 0(5139.53 &.et... ceo1tl1 aFId'~ c1qrca JO miD1IGI 00 ~ and . dJon! of '22,70 feet bc:adø¡ Nœtb sa ~ .~5 ~ 41 IðCOI1ds West; 1heDœ Wem t10qg .aid c:une. a dûtlt10C 01 m,74 feet; 1hr:aca NadIa 0 dc;puc 24 JDiDuaœ S6 .... W"". âSstIoce of3',06 feet to 1ht POINT.oF B~ ~ .. 4' "- 00# '. " .. .. Agenda Item No. 17B December 14, 2004 Page 102 of 141 Conditions of Approval l. The variance is limited to a 15-foot variance from the required 15-foot setback for the western external boundary of the Pine Ridge Planned Unit Development (PUD) and a 15-foot variance from the required IS-foot setback for the eastern external boundary of the Pine Ridge Center West PUD to pennit a O-foot setback from the common boundary between the two PODs, as depicted in the applicant's site plan stamped "Received-January 30, 2003," except as further restricted below. The Site Plan is Exhibit A (Attached) 2. The variances are limited to the southern most 534-feet of Pine Ridge Center and Pine Ridge Center West. The property fronting the east and west sides of the shared access road must meet setbacks. Ex.hibit ~'C" '4 Agenda Item No. 178 December 14,2004 Page 103 of 141 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Commission District: Date Petition Received: V A-2004-AR-6I40 - PROJECf #19990239 DATE: 712/04 Planner Assigned: _ ROBIN MEYER Petition No. ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Pine Rid2e Investors of Naples. LLC Petitioner's Address: 2606 Horseshoe Drive. South Naples. FL 34104-6121 Telephone: Fax#: E-Mail Address: Agent's Name: D. Wayne Arnold. AICP: Q. Grady Minor & Associates. P.A. Agent's Address: 3800 Via Del Rev Bonita SprillllS. FL 34134 Telephone; 239-947-1144 Fax#: 239-947-0375 E-Mail Address:warnold@gradyminor.com * Be aware that CoWer County has lobbyist regulations. Guide yourself accordingly and eDsure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY .DEVELOPMEt.W PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 Page 1 - Revised 4/03 .. Agenda Item No. 178 December 14, 2004 affil' ed ·th tho . . (n- ·d P.dia..oe 104 of 141 Complete the following for all Association(s) . tat WI IS petition. ["lOVI e addlUonal sheets if necessary) I' Name of Homeowner Association: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mai1íng Address City State _ Zip Name of Master Association: N/ A Mailing Address City State _ Zip Name of Civic Association: NI A Mailing Address City State _ Zip___ PROPERTY DESCRIPTION: Legal Description of Subject Property: Section 18 Twp. 49 Unit Lot (5) Block (8) 00287400009 Range 26 Property 10. # 00287520002 Subdivision: Acreage Number: 8.73 Acres Pine Ridge Center PUD. 8.87 Acres Pine Ridge Center West PUD Metes & Bounds Description: Please see attached boundary survey Address of Subject Property: No site address for either sites. (If different from Petitioner's address) Agenda Item No. 178 December 14, 2004 Page 105 of 141 Current Zoning and Land use of Subject Parcel; PUD. Planned Unit Development Subject properties are vacant. Adjaeent Zoning & Land Use: ZONING LAND USE N PUD S CF W A E PUD Hotel and retail uses Hospice of Naples Single family Vacant MinimulD Yard Requirements for Subject Property: Front: 25' Corner Lot: Yes 0 No 0 Side: 10' Watemont Lot: Yes 0 No 0 Rear; IS' From PUD boundary: 15' Agenda Item No. 178 December 14, 2004 Page 106 of 141 N atur~ of Petition Provide a detaíJed explanation of tbe request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purcbased property; when existing principal structure was built (include building permit number (5) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Tbe nature of this petition seeks relief from the 15' external pun setback for the western PUD boundary of the Pine Ridge Center POO and the Eastern rOO boundary of the Pine R:id~e Center West POO to pennit a O' setback &om the common pun boundaries. Due to the now common ownership of both Planned Unit Developments. it is the intent of the ~roperty owner to develop as a unified project. The PUD's require the use of a ioint access on their commonproperty line. and it is our belief that a unified development on both PUD's will result in a more efficient utilization of the nI'OWrty. and a more cohesive and unified pIan of development. The Variance is necessitated by the presence of a jqrisdictionaJ wetland area that was detected on the Pine Ridge Center West PUD. which Wa$ not represented on the approved concqrtua1 PUD ma..<;ter plan. The wetland area is locat~ in the southern portion of the pun and extends approximately 180' into the development area. Coupled with local reQuirements for setbacks from wetland areas. and the 15' PUD bow1dary setback. the development envelope is altered to the point that it leaves an area approxiately 100' in width to construct the proposed office building use. A reduction in the 15' PUD boundary setback to .zero (0') would permit a sinlrle building to be constructed across the PUD boundary. thereby permitting the reasonable use of this portion of the PUP. The reduction of the 15' buildiu2 setback is not inconsistent with the intent of either PUD Ordinance. The development scheme for the property contemplates access vía a 60' wide easement that extends along the common property line for approximately 2/3 of the property. The pennitted uses and development standards for both PUD's are identical. further indicating the intent to develQp the site in a unified manner. · . . Agenda Item No. 178 December 14, 2004 Page 107 of 141 Please note that staff and the Collier County Planuìng Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoni.ng appeaJs shall be guided in its detenninaûon to approve or deny a variance petition by the below lìsted criteria (1-8). (Please address this criteria using additiOJ1lÙ pages if necessm:y. ) 1. Are there special conditions and circumstances existing which are peculiar to the location. size and cha.tacteristics of the land, structure, or building involved. An environmental accessment of both PUD's prepared by Boylan Environmental Consul tans has located a 0.63± acre wetland at the rear of the Pine Rid!!e Center West PUD. Additionallv. Ordinances 2001-08 and 2001-09 were contemplated to be developed with common uses and infrastructure. No other projects have been identified having such commonality of uses. development standards and infrastructure. This wetland area was not identified durin!! the original PUD rezoninl! of the property. With the determination of the presence of the wetland. the property owner has elected to avoid impacts to the wetland. and incorpoerate the wetland into the project's native vegetation and open space. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The wetland located bv Boylan Environmental Consultants was not identified or located on the Master Plan approved bv Ordinance 2001-09. and its location. as shown on the conceptual plan severely restricts deve10tmlent consístent with Ordinance 2001-09. the wetland's location near the southwest PUD boundary of the Pine Ridge Center West PUI)~ extends toward the center of the project. limitim:t the remainder development envelope. 3. Will a literal intetpretatian of the provisiQns of this zoning code work unnecessary and undue hardship on the applicant 'Or create practical difficulties an the applicant. Yes. a literal interpretation of the external PUD boundary setbacks will work. unnecessary and undue hardship bv crea~ a handicap on the development scheme of both parcels. as a unified development under conunon ownership. 4. Will the variaooe, if granted, be the minimum variance that will make possible the reasonable use 'Of the land, building or structure and which promote standards of health, safety 'Or welfare. Yes. the variance to the external PUD boundarY wíl1 allow reasonable use of the land by pennitting an inteszrated development with common infrastructure. landsca~ access and architecture. '. . Agenda Item No. 178 Decennber 14, 2004 Page 108 of 141 5. Will granting the variançe requested confer on the petitioner any special prlviIege that is denied by these zoning regulatioDB to othor lands, buildings, or st.n.tcture8 in the same zoning dÌ$tI'Ïct. The requested variance is unique to these two PUD's and will not confer any special privilege on the petitioner. No other PUD's have been identified in CoUíer County havins identical permitted uses. development standards. and a requirement to share common in:fi-sstmcture. 6. Will granting the variance be in hannony with the intent and purpose ofthìs zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfÌl1'e. The requested variance will be in harmony with the intent and pw:pose of Ordinances 2001-08 amd 2001..09 by allowing a coordìnated development scheme consistent with the development regulations. The reduction in the required building setbackftom ~ external PUD bowdary will not be injurious to the neighborhood or public welfare. 7. Arc there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natnrnl preserves, lakes. golf course, etc. The wetland identified on the Pine Rid~e Center West roo is a natural condition that restricts compliance with the stated sta.ndanls of Qrdìnance 2oot-08 and 2001-09. the reduction wi1 only affect the common property owner. and in fact places the principal use farther ftom the agrlcultQral property located to the west. 8 Will granting the variance be consistent with the growth management plan. Grantin~ the vati~ce will be consistent with the growth management plan and is furthered with the preservation ofthe wet1and and incorporation of a compatible development scheme. ** Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their publie hearlJ1g advertising sip (s) after f'mal action is taken by the Board of County CommJssioners. Based on the Board's final action on this item, please remove all pubUe hearing advertising sign (8) immediately ~ t... Agenda Item No. 17B December 14,2004 Page 109 of 141 VARIANCE PETITION APPLICATION SUB.MITIAL CHECKLIST Tms COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF COPIES REOUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application noteslmJnutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) S. SîtePlan depicting the fonowing: 15 a) All property boundaries & dimensions b) An existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Electronic copy of an documents and plans 1 8. Application fee = $2000 (residential) $5000 (non-residential) (minus fees paid at pre-application meeting) Checks shall be made payable to: CoiNer County Board of Commissioners 8. 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 submìttal infonnation may result in the delay of processing of this petition. ~~ APPlicantl~gnature Þ II. ¿,q Date Ðocumeðt2 1104 Agenda Item No. 178 December 14,2004 Page 110 of 141 N awn of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback ftom 25' to 18'; when property owner purchased property; when existing principal structure was built (include building pennit number (8) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The nature of this petition seeks relief from the 15' external PUD setback for the western PUD boundary of the Pine Ridge Center PUD and the Eastern POO boundary of the Pine Rid¡:œ Center West POO to permit a 0' setback from the common PUD boundaries. Due to the now common ownership of both Planned Unit Developments. it is tbe intent of the property owner to develop as a unified proiect. The PUD's f&lUITe the use of a joint access on their commonpropertV line, and it is our belief that a unified development on both PUD's wilt result in a more efficient utilization of the property, and a more cohesive and unified plan of development. The Variance is necessitated by the presence of a jurisdictional wetland area that was detected on the Pine Ridge Center West .PUD. which was not represented on the approved conceptual PUD master plan. The wetland area is located in the southern portion of the PUD and extends approximately_ISO' into the development area. Coupled with local requirem.ents for setbacks ftom wetland areas, and the IS' PUD boundary setback. the development envelope is altered to the point that it leaves an area approxiately 100' in width to construct the proposed office buildinsz use. A reduction in the 15'PUDboundarvSètbaokto2\er() (0') would permit a sinJde buildin'to·.þe constructed a.crossthe PUDboundarv.thereby permìttingthe reasonable use oftbis·pomon.of thePUD. The reduction of the 15' buìlding setback is not inconsistent with the intent of either PUD Ordinance. The development scheme for the property contemplates access via a 60' wide easement tbat extends along: the common property line fòr approximately 2/3 of the property. The pennitted uses and development standards for both POO's are identical. further indicating the intent to develop the site in a unified manner. Agenda Item No. 178 December 14, 2004 Page 111 of141 Please note that staff and the Collier County Planning Conunission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appea1s shall be guided in ilS determination to approve or deny a variance petition by the below IL~ted criteria (1-8). (Please addre.~ this criteria using additional pages if necessary.) !. Are there special conditions and circumstances existing which are peculiar to the location, size and characterìsticsofthe land, structure, or building involved. An environmental accessment of both POO's prepared by Boylan Environmental Consultans has located a O.63± acre wetland at the rear of the Pine Ridge Center West PUD. Additionally. Ordinances 200 1 ~08 and 200 1 ~09 were contemplated to be developed with common uses and infrastructure. No other projects have been identified havinl;?: such commonality of uses. development standards and in&astructure. This wetland area was not identified durin~ the original PUD rezoning of the property. With the determination of the presence of the wetland. the property owner has elected to avoid impacts to the wetland and incorpoerate the wetland into the project's native vegetation and open space. 2. Are there special conditions and circumstances which do not result from the acûon of the applicant such as pre-existing conditions relative to the property which is the subject of the variance requ~'t. The wetland located by Boylan Environmental Consultants was not identified or located on Jhe Master Plan approved by Ordinance 2001-09. and its location. as shown on the çonceptual plan severelYJestricts development consi.c;tent with Ordinance 2001 ~09. the wetland's location near the southwest PUD houndary of the Pine Ridge Center West PUD. extends toward the 9enter of the protect. hmiting the remainder development envelope._.__ 3. Will a líteral interpretation of the provisions of this zoning code work unnecessary and undue hardsbip on the applicant or create practical difficulties on the applicant. Yes. a literal interpretation of the external PUD boundary setback$ will work unnecessary and undue hardship by creating a handicap on the development scheme of both parcels. as a unified development. under common ownership. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes. the variance to the external PUD boundary will allow reasonable use of the land by pennitting an integrated development with common infrastructure. landscaping. access and architecture. Agenda Item No. 178 December 14,2004 Page112of141 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buíldings, or structuTes în the same zoning district The requested variance is uniQue to these two PUD's and wilt not confer any special privilege on the petitioner. No other PUD'g have been identified in Collîer County ba.ving identical permitted uses. development standards, and a requirement to share common inftastrncture. 6. Will granting the variance be in barmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwisc detrimental to the public we)fare. The requested variance will be in harmon}: with the intent and purpose of Ordinances 2001-08 arqd 2001-09 by aHowing a. coordinated develoPIDent scheme consistent with the development r~lations. The reduction in the r~uíred bui1din2 setback from the external PUD bOW1dary will not be iniurious to the nehmborhood or public welfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf oourse, etc. The wetland identified on the Pine Rid2e Center West PUD is a natural conditio~. that restricts compliance with the stated standards of Ordinance 2001-08 and 2001-09. the reduction wil only affect the comm.on property owner. and in fact places the principal use fàrt.her ftom the agricultural property located to the west. 8. Will granting the variance be consistent with the growth management plan. Granting the variance wiU be consistent with the growth mana~ement plan and is furthered with the preservation of the wetland and incorporation of a compatible qevelopment scheme. ** Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove tbeir public hearing advertising sign (5) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove aU pubUe hearing advertising sign (8) immediately Agenda Item No. 178 December 14, 2004 Page1130f141 V ARlANCB PETITION APPUCATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF COPIES REQUIRED 1. Completed Application 15 2. Completed Ownerl Agent Affidavi4 Notarized 1 3. Pre-applicatiol1 notes/minutes 15 4. Survey of property~ showing the encroachment 1 (measured in fe.et) S. Site Plan depicting the foUowio.g: 15 a) AU property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Electronic copy of all documents and plans 1 8. Application fee = $2000 (residential) $5000 (non-residential) (minus fees paid at pre-application meeting) Checks shan be made payable to: Collier County Board of Commissioners 8. Other Requirements - AF. the authorized agent/applicant for this petition. I attest that all of the information indicated on this ChC1;klist is included in thìs submittal package. I W1derstand that failure to include: all ne(,-essary submittal information may result in the delay of processing of this petition. //~ Applicant! ~gen~gnature '---.../ Þ 11_ ð¿¡ Date [)(¡cument2 1104 vv~,_ IV. "--VV"" I\), ..it"I" ~nl1n I, ,n.L\l¡'.lI', í.. I nL. ~embers of Pine Rjde:e Investors of NaDlu LLC 1. Naples Bay Investors, LLC, a Florida limited liability company a. Principals: 1. J. Zand Raymond Sehayek 2. Hei-Mar Corporation. a Florida corporation a. Principals: Robert L. Carsello F. Fred Pozeshkan nv. v V j,J !. L Agenda Item No. 17B December 14, 2004 Page114of141 (i) Agenda Item No. 178 December 14,2004 V A-2004-AR-6140 Page 115 of 141 PROJECT #19990239 DA TE: 7/2/04 ROBIN MEYER AFFIDA VIT We/l, ¡:::. r;~d Pê Z-C- 'Ç,t1j<:..¡JJ¡ being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the ,~ubject matter of the proposed hearing; that all the an..mrers to the que.çtiotlS in this applîcation. including the disclosure of interest information, all sketches. data. and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information requested on this application mu...t 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 We/I fUrther authorize cP. G:rCt.d'j¡ HI ,....ór ..... As.oó. to act as our/my representative in any matters regarding this Petition. ··II~ Signature of Property Owner ;:::: ~í",,¿( &"'-~61i /L .c..-"' Typed or Printed Name of Owner Typed or Printed Name of Owner Thejòregoing instrument was acknowledged before me this ._.!!.~ ... day of..J':!..!'<=- 2004. by ~.,::ÿ~d r1:-:z.C5 hka ,.-, who is personally known to me or ha..ç produced as identification. State of Florida County of Collier ~\"j laune . 00250'....' i"~ .':'<t. . tJri c~\~¡on 2.... '2007 i De<:emb6! :.. ~;.... €.:K~,r.j; ~......", v . ·1')/-~·.. /;/' '" '/ ' f' . {>~ of Notá~iC - t~~~--;;l Florida) d!:::.!}¡)¡e" é ¡VI/9-r-p;J6 w..__ (Print. Type. or Stamp Commissioned Name of Notary Public) ~, . AgE')lJda Item No;t7B December 14, 2004 V A_1.004-AR-6140 Page 116 of 141 PROJECT #199901.39 DATE: '1/1.104 ROBIN MEYER V ARIANCE PETITION AI- ~/l) J- PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date: C;~ -j (). ¿} t/ Time: 8": _~O Planner: r¡Z,e!)~1 sc#¿ Project Name: ;1 NE;. K¡ b(;~é éè/l-iree ¡9A..J!3 ß b~, - éÐ') /:.=/2 ¿) E57 V4,.(í4~£ /J /~, / /} Project Addr/Location: FINe 4 ÞG>e It-I). AppJicantName: 4~4yve /Û?µ>¿,Þ, CþC;/II Firm: c¡3 6124 b t¡ ~ ¡ /.-/0 J2.. Phone: f /) Type of Petition: .5èTßACK.. VAÆIAAJCe-Current Zoning: lu D Owner Name: ßµe e X6 /1\) ¡J&:57ë::J/?S- Owner Address: c9!ÞC>0 ,)". ibR5£,S;flc;!::?: .::kj/Ö$ÌPhone: M.eeting Attendees: HUb ß/$('A4L LlA.) ¡?'>,,4 ße:òTG:?- 't'óA.J ,SYBMITTAL REQUIREMENTS: ;m '. 15 copies of completed Application .. Addressing Checklist signed by Addressing Dept .1'8' Pre-application meeting notes ~. 15 copies of Conceptual Site Plan 24" X 36" plus (one 8 % X 11 copy) ,É" Completed Owner/Agent Affidavits, Notarized ,2" 2 copies of Deed 1&' 2 copies of List identifying Owner & all parties of corporation o , Location map )Sf 5 copies of Aerial Photograph {taken within the previous 12 months} 1 o o o .~ o Historical Surveyor waiver request o . Property Owner Advisory Letter and Certification )!ã ~re~apPlication Fee $500.00 (to be credited toward application fee below) Review Fees: 4 copies of EIS or EIS waiver 4 copies of TIS 4 copies of Utility Provisions Statement with sketches Electonic copy of all documents and plans (CORaM or Diskette) Agenda Item No. 178 December 14, 2004 Page 117 of 141 D $2000.00 ~ $5000.00 ~ $681.00 ~ $205.00 D $1600.00 Residential Non-Residential Estimated Legal Advertising Fee - CCPC Meeting Estimated Legal Advertising Fee - BCC Meeting (any o~·.,I.mder-payment will be reconciled upon receipt of Invoice from NaPle$~YewS). EIS Review OTHER REQUIREMENTS: o o o o NOTES: Agent/Owner Signature Date: 2 ~/2oiz~o3 14:$4 FAX Z'8 947 0375 Q GradY J(1DQr . Â810C. Agenda Itet'\IiÞIZ17B Decennb~r14, 2004 Page 118 of 141 \: !~ ÄDDRflSSJNG CBJICIL1ST P1eate comple the fòUowiq.. submit to the Addressing Section fur R.cM... Not aU .s Will.l" to r¿ver.y -proiect. Items in bold tø.. .~ 1. Lepl d.esc.r1J6øI of subject property or pro,pcrties (cop)' a/lengthy ducrlptltm may bs a#tIt:1Jufd) rtease,._cbed~.~in_~Oft" e~<:...Lls.:., t ~~...~'1...z:,G. 2.. Folio (Proper1f m) n1llQber(') ofabove (t'.ItIllChto, 01' 4ØOCiatewU1l. legal -' . ifmøre t1um OM) 00287520002 aDd 00287400009 3. S~ edd=Js or addnues (a.s applIcablø, ifalrsady MngMå) No. Site aiIdtwaA 4. I..øeaØoBmap, sb.owb1g exact location ofptOjectlsite in matioD to n.-est public mad ript..of-way (1IltlIcñ) 5. Copy ofSl.1t'V'Ø1 (NEEDED ONLY FOR UNPLATrBD PROPBRTŒS) 6. Proposed project 2)8œC (If applU:ablø) Pine Ricke Center PUD &:.~ Rid¡e ('.m'IÙ!rWest pun 7. Proposed Street names (if applicable) 8. Site Deve10pment Plan Number (FOR EXIS'I1NG PROJBCTSISrI'ES ONLY) SDP_ 9. PetItIoJa Type - (Complete a .separate Addressing Chedr1iRt; for ead1 Petition Type) ~.. .. Dr (. Site. DevoJopmeœ.. .P1an) 0 PP.L (p1aat &. Plat· Review) SDPA ($Dr Amcmdmeøt) B PSP (PrctUmincy SubdiviJion Plat) SDPI (SDP InsubståIItial ChImgc) FP (PiIIa1 plat) o SlP (Site.Imp:ovementPlan) 0 ILA (I.ÞtLineAdjus1meDt) o SJPA (SlP~-) ~ BL (BJ."Pamit) - SNR.. (Stror:t NarDO Cbm,ge) ROW (Risbt-of-Way PCI.'.IDÎt) VepœtiOD/Bxotio(Veg. Ranova1 Permits) . EXP (Excavation Per.tDit) ~ Loud UøoPeIiIIoD (variaaco. Coad1tiouoI U.... VRSF1' (Ve¡. - /Ir; SlteF!ll Pcmit) Boat Dock.&t, Rezone., PUD rezone, etc.) o Other - pasœi'be: 10. Projcøt ordcvc1Qp111C111t names propoacd for, or already ~iqilJ, çondmnirrium~M\tt (if app1icabl~catc.'Whetherpropoacd or eâsdag) In [r .~} 11. Please Cbeck One: I C11cddist.is to be Faxed BaCk 0 PcraœaI1yPia1œd tIp 12. AppIieaDt Name Wayne Arnold PJaoBe ~7.1144 Fa 947..o37~ 13. Si~ on.Addrcs8i:n8 ~)¡st does not constitlltePtoject and/or S~ Name approv&1 and is subjflctto 1Ï1rtfK!r review by the AddraaiDg Section. FOR STAFF USE ONLY Primaty Number ~ St:¡., _ Adðrcse Number ~(.,.n('") Address Nnmbcr Addte$s Number ." .... Approvedby f1J1,.~ ~ ~ '-~- Z-I ~03 . RECr:1VED lteúId3..21.o1 ___ ~_... _~"a~'''",·· c.""..",..,,____.'-.··- r " Agenda Item No. 178 Decernber14,2004 Page 119 of 141 reischl f .- Subject: Location: Pre-app Variance - Sharon Umpenhour, Agent Fred cds-c Start: End: Thu 6/10/2004 8:30 AM Thu 6/10/2004 9:30 AM Recurrence: (none) Accepted Meeting Status: Required Attendees: COS-c; reìschLf; AblerKenneth; seaLs; SawyerMichael; valera_c; HíIIWes; PodczerwinskyJohn; wiley-r; RoysLaura; scott_d: muller_r; EIUrfaliAlan; bedtelyon_1 Pre-app variance - Sharon Umpenhour, 947-1144, Q, Grady Minor and Associates, to discuss a variance for the building setback between PUO's. Property is located at Pine Ridge Center and Pine Ridge Center West PUO's. Agenda Item No. 178 Decennber14,2004 Page 120 of 141 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRlCI) -_._.~-_._,.~-- -~--- .- ---- Commission District: D P" R . ed VA-2004-AR-6140 ate etition ecelv :. PROJECT #19990239 DATE: 7/2/04 Planner Assigned: _ ROBIN MEYER Petition No. ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Pine Ridge Investors of Naples. LLC Petitioner's Address: 2606 Horseshoe Drive. South Naples. FL 34104-6121 Telephone: Fax#: E-Mail Address: Agent's Name: D. Wavne Arnold. AICP: O. Grady Minor & Associates. P.A. Agent's Address: 3800 Via Del Rev Bonita Sprin2S. FL 34134 Telephone: 239-947-1144 Fax#: 239-947-0375 E-Mail Address:warnold@gradyrninor.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compUance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400IFAX (941) 643-6968 Page 1 - Revised 4/03 .. . Agenda Item No. 178 December 14, 2004 Complete the following for all Association(s) affiliated with this petition. (provide J~~oru of 141 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: Nt A Mailing Address City State _ Zip Name of Civic Association: N/ A Mailing Address City State _ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Section 18 Twp. 49 Unit Lot (s) Block (s) 00287400009 Range 26 Property J.D. # 00287520002 Acreage Number: 8.73 Acres Pine Rid2e Center PUD. 8.87 Acres Pine Rid2e Center West PUD Metes & BOlIDds Description: Please see attached boundary survey Address of Subject Property: No site address for either sites. (If different &om Petitioner's address) -......-- ..- .--. Agenda Item No, 178 December 14, 2004 Page 122 of 141 Current Zoning and Land use of Subject Parcel: POD. Planned Unit Development Subiect properties are vacant Adjacent ZoniDg & Land Use: ZONING LAND USE N PUD Hotel and retail uses S CF Hosoice of Naples W A Single family E PUD Vacant Minimum Yard Requirements for Subjeet Property: Front: 25' Side: 10' Rear: IS' From PUD boundary: 15' Corner Lot: Yes 0 No 0 Waterfront Lot: Yes 0 No D Agenda Item No. 178 December 14, 2004 Page 123 of 141 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amoWlt of encroachment proposed using numbers, i.e. reduce ftont setback ftom 25' to 18'; when property owner purchased property; when existing principal structure was built (include building pennit nwnber (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The nature of this petition seeks reliefftom the 15' external PUD setback for the western PUD boundary of the Pine Ridge Center PUD and the Eastern PUD boundary of the Pine Ridge Center West PUD to oermit a 0' setback from the common PUD boundaries. Due to the now common ownership of both Planned Unit Developments. it is the intent of the property owner to develop as a UIÙfied prQject. The FOO's reQuire the use of a joint access on their commonprooertv line. and it is our belief that a wúfied development on both POD's will result in a more efficient utilization of the prooertv. and a more cohesive and unified plan of development The Variance is necessitated bv the presence of a iurisdictional wetland area that was detected on the Pine Ridge Center West PUD. which was not represented on the approved concq>tua1 PUD master plan. The wetland area is located in the southern portion of the PUD and extends approximately 180' into the development area. Coupled with local reQuirements for setbacks &om wetland areas. and the 15' PUD boundary setback. the development envelope is altered to the point that it leaves an area approxiately 100' in width to construct the moposed office building use. A reduction in the 15' PUD boundary setback to zero (0') would Pennit a single buiIdin¡z to be constructed across the PUD boWldarv. thereby permitting the reasonable use of this portion of the PUD. The reduction of the 15' building setback is not inconsistent with the intent of either PUD Ordinance. The deveIotmlent scheme for the prooertv contemplates access via a 60' wide easement that extends along the common property line for approximately 2/3 of the property. The permitted uses and development standards for both POO's are identical. further indicating the intent to develop the site in a wú:fied manner. Agenda Item No. 178 December 14. 2004 Page 124 of 141 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeabl, and that the Board of zoning appeals shall be guided in its detcrmi.nation to approve or deny a variance petition by the below listed criteria (1-8). (please address this criteria using additional pages if necessary.) I. Are there special conditions and circwnstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. An environmental accessment of both POD's prepared by Boylan Environmental ConsuJtans has located a 0.63± acre wetland at the rear of the Pine Ridge Center West PUD. Additionallv. Ordinances 200 1-08 and 200 1-09 were contemplated to be developed with common uses and inftastructure. No other proiects have been identified having such commonality of uses. development standards and infrastructure. This wetland area was not identified durin2 the ori2ina1 PUD rezonin~ of the property. With the detennination of the presence of the wetland. the propertY owner has elected to avoid impacts to the wetland and incorpoerate the wetland into the proiect's native vegetation and open space. 2. Are there special conditions and circumstances which do not result &om the action of the applicant such as pre-exisûng conditions relative to the property which is the subject of the variance request. The wetland located bv BoYlan Environmental Consultants was not identified or located on the Master Plan aDvroved by Ordinance 200 1-09. and its location. as shown on the conceptual plan severely restricts development consistent with Ordinance 2001-09. the wetland's location near the southwest POD boundary of the Pine Ridge Center West PUD. extends toward the center of the project. limitin~ the remainder development envelope. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. a literal interpretation of the external PUD boundary setbacks will work wmecessarv and undue hardship by crea~ a handicap on the development scheme of both parcels. as a unified development. under common ownership. 4. Will the variance, if granted. be the minimum variance that will make possible the reasonable use of the land, building or strocture and which promote standards of health, safety or welfare. Yes. the variance to the external PUD boundary will allow reasonable use of the land by permitting an inte2I'8ted development with common inftastructure. landscaDinIL access and architecture. --~--~- ., , Agenda Item No. 178 December 14, 2004 Page 125 of 141 " . 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning reguJatioD8 to other lands, buildings, or structures in the same zoning district. The requested variance is uniaue to these two PUD's and will not confer anv special privilege on the {>etitioner. No other PUD's have been identified in Collier County havim~ identical permitted uses. development standards. and a requirement to share common inftastructure. 6. Will granting the variance be in harmony with the intent and pwpose of this zoning code, and not be injurious to the neighborhood. or otherwise detrimental to the public welfare. The requested variance will be in harmony with the intent and PUIpOse of Ordinances 2001-08 amd 2001-09 bv allowing a coordin,.ted develoPDlent scheme consistent with the development re2Ulations. The reduction in the required buildin2 setback from the external PUD boundary will not be iniurious to the neighborhood or public welfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf comse, etc. The wetland identified on the Pine Rid~e Center West POO is a natural condition that restricts compliance with the stated standards of Ordinance 2001-08 and 2001-09. the reduction wil onlvaffect the common property owner. and in fact places the {>rincipal use farther from the aericu1tural property located to the west. 8. Will granting the variance be consistent with the growth management plan. Granting the variance will be consistent with the ~wth manaeement plan and is furthered with the preservation of the wetland and incorooration of a compatible development scheme. ** Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove aU public hearing advertising sign (5) immediately · '. Agenda Item No. 17B December 14, 2004 Page 126 of 141 -", V ARlANCE PETITION APPLICATION SUBMITIAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMIITED WITH APPLICATION PACKET! REQUIREMENTS #OF COPIES REOUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application DOtes/miDutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depleting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Electronic copy of all documents and plans 1 8. Application fee = $2000 (residential) $5000 (non-residential) (minus fees paid at pre-application meeting) Checks shall be made payable to: Collier County Board of Commissioners 8. Other Requirements - As the authorized agent/applicant for this petition. I attest that all of the information indicated on this checldist is included in this submittal package. I understand that faihue to include aU necessary submittal infonnation may result in the delay of processing of this petition. /"'~ Applicant! ~gnature ~ /1- ¿,q Date Document2 1/04 (i) Agenda Item No. 17B December 14, 2004 ;A~;;0~~~~-61~~-- 7ãge 127 ol1<t" - PROJECT #19990239 DATE: 7/2/04 ROBIN MEYER AFFIDA VIT We/I, ¡:::: mø 'P~-z.e~h~ being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information. all sketches. data. and other supplementary matter attached to and made a part of this application. are honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form. whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete. and all required information has been submitted. As property owner We/ljùrlher authorize tt:>~ &;,..a.../:¡ M ¡'rodr .. ~6t:)a.. to act as our/my representative in any matters regarding this Petition. If Property Owner Signature of Property Owner ,c. ,q-.¿t( ~z.¿.t;A, /L.e:<--"" Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this / ¡4þ. day of J cJ ne:... 2004. by ¡:;.FrtUI ¡::¿';z.e:sh!ut." who is personally known to me or has produced as identification. State of Florida County of Collier un- ~ "YJ747 _. ~ ssiO" 1)0.. I~""'. tIrt c( It\It'Ì b8f 24. 2¡;fJ7 ......~I ~pt¡eS oecøn' ......'" ~~eof Florida) ~Ff1)Þ6 µ~,JrpW (Pn·nt. Type. or Stamp Commissioned Name of Notary Public) ~/20/2003 14:54 FAX 238 947 0318 Agenda Item~¡;¡..J 78 Q Grw l1Dor ,À8.OC::·--.---~-DecembBT~-· V A-2004-AR-6140 Page 128 of 141 PROJECT #19990239 DATE: 712/04 ROBIN MEYER ADD.IBSSING CHECKLIST Please oomplete the fbDowiDø _ submit to 1110 Addressmg Section fur R.cview. Not aU m.nlll Will anDl" to ever:yprojllCt. Itoms in bold tvue are reauired. 1. LepI desa1pdoD of subject property or properties (cop)' øl~ dRcrlptitm. may be attacII«J) . . ~-~ 2. FoBo (Property m) a1UDber(s) of above (a#tlch to, 01' 4f8ociate wItII, lqal da t[7tW1'Ø titan OM) 00287520002 and 00287400009 3. Stteet address or addresses (as app1tcabk, if altwœ/y 4fUignød) NoSîte address 4. LocaUou map, showing exact location ofproject/sifa in rdatiOQ to ncanst public road right-of-way (t#ftu:Jr.) 5. Copy of~ (NEBDBD ONLY FOR UNPLA1TBD PROPBR.TIBS) 6. Proposed project name (If applk:abk) . Pine Rid~ Çcnter PUD & Pine Rid¡e Center West PUD 7. Proposed Street names (if applicabk) 8. Site Development Pl8D Number (FOR EXISTING PRO.TBCTSISITBS ONLY) SDP 9. Petitio. Type - (Complete a separate Addressing Chøclr1illt fur each Petition Typo) 1iDP (Site Deve1opmeot Plan) 0 PPL (PlaDI. Plat Review) SDP A. (SDP AmC!Ddment) PSP (Pre1imiDary SubdtviJion Plat) SDPI (SDP Insubstauûa1 Change) . FP (Final Plat) SIP (Site Improvement Plan) u.A (Lot Line .Adjustm.cut) o .SIP A (S.œ .Amendm.w) BL (BJ1StiD¡ Pemdt) ~ SNR. (S1reet NIIDO Clumgft) ROW (Risbt-of-Way Pcmút) VcgetBtionlExotic (Vog. Removal Permits) EXP (Excavation Permit) .. Land Use Petition (Variance, CoIiditional Use, VRSFP (Vc¡. Removal. Site Fill Permit) Boat Dock Bxt., Rezone, PUD !œOI1C, etc.) o Other - Dasm."bc: . 10. Project or dcvctopmeDt Dames proposed for, or øJready appeariD¡ in, ØODdomiDium doeament8 (if applicabl " . cateß whether proposed or existing) .. "'Ii .. tZ IJ 1 Tr r .8) , ¡... 11. Please Check One; Clccldist is to be Faxed Baak PcœonaJ1y Pic1œd Up 12. AppBCllD.tNameWayno~t9- . Plaoø.e947-1144 Fu947-037S 13. Sigóature on Addressing Cheddist does not constitute Project 8DdIor StrcIct Nsme approval and is subject to :furt:bec review by the Addressing Section. FOR STAFF USE ONLY Prlmøry Numbor <p 591 Address Number 4Cøö(") .Address ~umbcr .Address Number . <jJ~" Approved by 1l~~ ~ ì!:e "5- z", ...03 . f(ECC1VED BaIfIed 3..21-01 ~~¡I;i >,~ ~ / .. . Agenda Item No. 178 .~ember 14, 2004 V A-2004-AR_6141fã-ge 129 .oH44-----__ PROJECT #19990239 DATE: 712/04 ROBIN MEYER '. , VARIANCE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date: ~-/O-O¡Tlme: 8"; $0 Planner: FIZeD Ke-/SC¥-It ProJect Name: !1A)eR'bc¿Ce-AJTe.e.///AJ!E ßl:>CDE CEAJ7õ€ tJES/ ~Re. Project AddrlLocation: ;?"ue ß ÞtPé / ~. Applicant Name: úJ~1Ve A~Þ~ Cþtqllf Phone: Firm: ø GI2AÞt¡ ,Æ1,,ûo£, Type of Petition: ..5'~ACK... VA.£/AAJCe-Current Zoning: (/U D Owner Name: ;1µe ßZ>06 IN &Je57DRS' Owner Address: c9~00 s: J-bR5éS/IOe: 3C//of'phone: Meeting Attendees: Hz.eþ ReIS<!.HL ll,;(..l7JA &-ò ïE:L <roo"ù ,S!l8MrITAL REQUIREMENTS: ;gJ _ 15 copies of completed Application )¡( Addressing Checklist signed by Addressing Dept )J Pre-application meeting notes \);t 15 copies of Conceptual Site Plan 24- X 36" plus (one 8 Yz X 11 oopy) ja-" Completed Owner/Agent Affidavits, Notarized Ja' 2 copies of Deed J3; 2 copies of List identifying Owner & all parties of corporation o Location map . ji( 5 copies of Aerial Photograph (taken within the previous 12 months) 1 Agenda Item No, 178 December 14, 2004 Page 130 of 141 -, '. o 4 copies of EIS or EIS waiver o 4 copies of TIS o 4 copies of Utility Provisions Statement with sketches 'þt' Electonic copy of all documents and plans (CDROM or Diskette) [J Historical Surveyor waiver request o Property Owner AdvIsory Letter and Certification )l ~re-aPPllcation Fee $500.00 (to be credited toward application fee below) Review Fees: o $1600.00 Residential Non-Residential Estimated Legal Advertising Fee - CCPC Meeting Estimated legal Advertising Fee - BCC Meeting (any o~der-payment will be reconciled upon receipt of Invoice from NaPle~..eWS). EIS Review o $2000.00 B $5000.00 ~ $681.00 P $205.00 OTHER REQUIREMENTS: [J o o o NOTES: AgenuOWnerSignat~~ ~ ~ Daœ:¥<if 2 -_._-~-- ",____0'_ ~ I II¡ hll 1/1(1 . i .i =- 11:1 11:1 11:1 - ..... -- Q Q ¡-..-..-.. -..-.. I I , <J-o- 8ØXI¥nDIÐ....te----t> !< i I ~ I <- ~ I I w I ~ !Ii II Ir !< [! ¡ . J\genda I B \fCI~01~'A.LNno:)~l1lO:) Decem ft14,2 4 ':>NI 'S31dVN ::10 S~01S3^NI 3ÐC }; 3Nld Fa 1 ~ 1 ~w I ~ NOIlU3d 3:)NVIHV^ I, § · . il ./U,"- 11:1 7""--c - - - - -~ Q Q z = ::s ~ ~~ !::: en Q '-"-'-----", I I ! ~ ...xJW'aoIIØ!llJlMH ~ ~ ~ 8 ii: !!! õ: I ¡ I I ' ,I I EB .." ¡ '. .. IJ_.._.._.. -~---I I: I , II, I ,II I -.W-4-. I I ~ I I I ~ I I I: I III I! I ¡ I I _-1/L_____-1 ... . . Wd 1oZ:ZI :£0 tOOZIIII/90 ' ....·J1IA-~l¡tf1FlU!d\~:D Agenda Item No. 78 December 14, 2 04 Page 132 of 41 RESOLUTION NO. 04-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER VA-2004-AR-6140, PINE RIDGE CENTER PUD, REQUESTING A VARIANCE TO REDUCE THE IS-FOOT EXTERNAL PUD SETBACK FOR THE WESTERN PUD BOUNDARY OF THE PINE RIDGE CENTER PUD; AND THE EASTERN PUD BOUNDARY OF THE PINE RIDGE CENTER WEST PUD TO PERMIT A O-FOOT SETBACK FROM THE COMMON PUD BOUNDARIES DUE TO THE NOW COMMON OWNERSmp OF BOTH PLANNED UNIT DEVELOPMENTS, LOCATED IN SECTION IS, TOWNSHIP 49, RANGE 26 EAST ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 'WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on aU counties in Florida the power to establish, coordinate and enforce zotÚng 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 (LDC) (Ordinance No. 2004-41) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of thc area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisabíJity of a variance to reduce the IS-foot external PUD setback for the western PUD boundary of the Pine Ridge Center PUD; and the eastern PUD boundary of the Pine Ridge Center West PUD to pern1Ît a O-foot setback ITom the common PUD boundaries due to the now common ownership of both Planned Unit Developmcnts, as shown on the attached plot plan, Exhibit "A", in two "PUD" Zones for the property hereinafter described, and has found as a matter of tàct that satistàctory provision and arrangement have been made concerning a11 applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the ul1Îl1corporated area of CoWer 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 alJ matters presented. Agenda Item No. t78 December 14,2 04 Page 133 of 41 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The Petition V A-2004-AR-6140 tiled by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, representing Pine Ridge Investors of Naples, LLC with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for variance to reduce the ] 5-foot external PUD setback for the western PUD boundary of the Pine Ridge Center PUD; and the eastern PUD boundary of the Pine Ridge Center West PUD to permit a O-foot setback from the common PUD boundaries due to the now common ownership of both Planned Unit Developments, subject to the following conditions: Exhibit "c' BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2004-AR-6140 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: DONNA FIALA, CHAIRMAN Approved as to fonl1 and Legal Sufficiency: M~~;~~~'(~" St~~~~!ì . .lJtÜ~lefC£ Assistant County Attorney VA-20(J4-,\R -6 140/RMlsp 2 Agenda Item No. 178 December 14, 2004 Page 134 of 141 - ·....1'11:,1 III :1 . .~ \IIißII1W 'J..I.H'IOO 8TÐO "till '81I"W«,¡o ':".uÞø ì!liJl:illtN. f . ~ :¡.. . NOWIM ItOlMWiI . II J t J'" '- ~ ".,;;'" ... .. '*'....;.---- - --- ~:... ;'-- - -~ JIll... ....... ~I"-'-'- i I , ~f t\, .. ~S o .--"---'-' I ¡ - --..- - --"- ~ , I I r œ ~ I I I II I , ... .. " .._~ :-=.:::r=" - - , I I I I I I 1 . Kj·tt!l:III*"MIII~ Exhibit" A" .-._---_.-_._-_._--._._~..-.__..__._--_._---- ....__....._......-._._--_._-~._,._._------- ~ '3RANT FRIDKI~~, ~ - ·..RSON, ATHÀN & CAC···.·,¡ P.f\. . 551 Ridgewood Dn' . SlJite 501 ~ Nap~.Rorida3410a Agenda Item No. 178 3316421e~11eJ34&tiG: 1946 UCORDID 11 omC1AI. neeDS af COWl. cr ,~ 12/15/2003 It U.I&PI( ÞlIGI'lI. 81De1, cr.J-.. COli 16mDl.. ac m Is.. !IOt-,70 11315.' \{f/ t'" 41}\ This Instrument Prepared By: \ 0 John Paulicb II¡ Esq. I ,,~ Paulich Sl~k & Wolff, P,A. V 801 Anchor Rode Drive, Suite 203 Naples, FL. 34103 k~tll: IiW'f 1llDI111'1 AI. 55511IDGl1OGD n 1501 IlPns n moa Paxcel LD. Numbcr(s): 00287400009 THIS WARRANTY DEED made the ¡¡:t!;; day of December. 2003, by PINE RIDGE tODIpany rida 1...,lted UabBity whose postoffice address is @: (;0 on of r.he sum of $10.1)0 and other hereby grants, bargains. seUs, Grantee, al1 that (iertain land situate in See PARCEL 1 of Exhibit "A" aUadled hereto GRANTOR. WARRANTS 'IBIS IS NOT BOM£STEAD PROPERTY OR. CONTIGUOUS THERETO. TÐIS IS VACANT LAND. TOGETBER with all the tenements, hereditaments and appurtenances thezeto belonging or in anywise appertaining. To Have and To Hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor bas good right and lawful authority to sell and convey said land; that the Gtantorhereby fully warrants the title to said land and will defend the same against the V A-2004-AR-6140 PROJECT #19990239 DATE: 7/2/04 ROBIN MEYER . - ¡ - £Xhlb\'\ Úl .- "" ... .,. ., ..,......... "1 ... . '- '...... ..... 101 . '0'........ ,. ,..""...... I I"'" Y..... .. .. Agenda Item No. 178 December 14,2004 ot:9~.fPG: 1947 lawful claims of all persons whomsoever¡ and that said land is fæcof aU encumbrances. except taxes accming subsequent to December 31, 2003; and subject to all easementt, restrictions and reservations common to the subdivision. 10 Witness Whereof, the said Grantor has .signed and sealed these presents tho day and year fi1'$t abQ\'e written. Signed, sealed & delivered in our pre.seuce: ~~ JiL-..&;; 'Wi. & #1 Signamre N.¡N.tf é',¿u;) ,s/Lt'CJ'?'Tl1 Witn il Printed Name. .. STATE OF FLORIDA COUNTY OF COUJER. The foœgoing in by Anthony F. Janclgar, indi produced driver's license as ideDti My Commission Expires: HMICYl~.amllWN MY~'CC88lt11 ÐIP/ØEIt. MNiurI.- . I\MIIIè~NIIt........ ". .. , . .. ., -.. , . ~ .... , -. Agenda Item No. 178 December 14, 2004 t*t OR:91f6S0fPG: 194Q ti nulJSl1' " ." . . PAlu~t. If We&t K of West ~ of NOItht.aSf. ~ afNart1J.wad K øt Scdioa 1" TO'9I'DSIúp 4t S. base 26 13. .comcrCOløty, FJødda. -\ " . . . 1J!SS AND EX.œ.PT: A;-¡ ~1aaIJ I1ÌDI ill Seodoa 11. t1 .........~ ~.theNOItk dace 8 00' 7J.. W ~~ (CllIP6)¡ ... 8 · baviD¡ ..... of S eboId ~ belli ..,. 3S.06 feet 10 I pDÍ1rt DC $e9JI 6et, I bale N .S- 40' 43" POJNJ"01 49 SotItb,lbbp 2f Eat, Co'JUcCGorJtt.1JuddJ JIll NO-:MY W B 1219.715 foct of ..., ..... or W UDcotl?Sll_koId ·td~.. ci7IW to åc 1cft Ia:I&1h ~~ k... 1hcaø S or W ,'" £ 10 _ Jfeht......Þdûas .16 feci ad a1bon1 ~dJ . 22' 5$" 'W SSM ktto 1ba lass. ,,-.... ,. tþ , lZ/12~11 £}:I. FAA .41 434 03~. o~rlPím. FRU'K1~(:)r.. .. " ATHAN&C · 50 \ 1rJ" 5551 Aldgewood Drive. SUite 1 .. Naples. Florida 34108 , "ftIrD 'Ita. ",. J'rIipIINCJI.JI'" RftWn WI ~d.'-:. ..... .:IJI: .......... ~_ ÞoId.Uk ~". I:. _..., P.A.. :I.. :lld.al;ib a=-'*tI _c:.z:d\ 1Ia4-_ ~oo ~_. n;. :UíC.2: fill 084 Itl<:JilllW( .,.XPII: 1.AN~. Agenda Item No. 178 December 14,2004 Page 138 of 141 3316420 OR: 3468 PG: 1943 Bcoam 11 OffICIAL UCOW ~f COLUU conn, I 121U/ZOO! at t2:35PK mm I. SIDa, CUB COli 2n500þ, oem 15, nee-.TO 181f5. " letD: GWf fJIDm It 1£ !!51 nDQIOOD 91 '501 Warranty Deed mw JL 3UO! T:bù 1Juhaatare, MMf¡od/i. I"'L 4ayof 1)e~~ t aOO$ A.D., B«/tW'fMIR JI'.~ %'0)1190 # "JIIII<1I,.2:z:~o&....-n , *Ad. !:i1llP'-1\'3.r J). :t.oA9o, "JIUU:'):.t..ã W<O*Xi, _aQb .. -œ a.ra ~....s.decI. _-ba1fr :U2.........t:, Of" _ ~ DC' ~9''' . I!I1IØoI of' Okâ.o . p1IDl:O..... .. 1i;t.n. ~ :a:a~.b>_. off Jlap1a., x.:r..c, . 1I'1oÞd& 1.:Lmi.'t;rM1 l.:LaÞ;i.at::y csaap~ ...... ...... "" ,,-' m tfll1llbws OOa.87!i2QD02 of 1M c:-w ~ ~or1l"3.o.Ld& . ......ue. . Wkacueda _..o~.........IIHtI~_""_.t ~~~___~___~__~_~~__~_~.... ~~.~ ('10)~-~---~~~-~-~---~--- ~ ... .... pa4 ... .,......" Cu.AAtJØooo¡ . ~ ... w.d. pù4 ~ cm..urrw. 1h1l'llOCfllt 'III-.r" ....,. Id._"" I ...,1... ................ ..... ...... ... ....... ~... ~ w.. ___ .... ................ - ~............1rtDð.. ..... .........'boda¡t._~... c:~ ..... '" J!'.1.oriclà Iowls .... JD:Ø%ZI%S' "Aft ~ ~ ~ asur u........... ')\ ~.act. . tilt o~ ~Z'd., J.:e' any, 1:'.b.e pl'TJ ~. ~ 'P~~ o~ 't::.'b.- Qcan cd!' Gœ:w».t:oc. !1'.1:1.- CbI'aft ÐJñ.".., ~acl, OR ... .....O.O(J::DL). TBrS :r:ø ~!I!' ZtJIiIfD. .... .. ~ .... -....y Ib11¡f _ IJ¡c 1100 /10 ..... ....... aød w.I1I ...... .. _ .poiIUt '-M c:1.II:IN or ... ...- ....... __"".........._....._ _~_J'L__ ...........-..-.,,-- 12/~2/2ð03 12~$t FAX 041 ~34 0331 IttCIÐfI.H DSIFm YJŒE'R. AbeÆ~~~)1t'W.~ PiOO( ~ge trJ~off1Y1 19lt'i ... . Warranty Deed -I".. :r. "'-1Ø~ 002.8'aS2000a .' .....~ '. , ~""'''''''~=}r--- .,..L_ ~".. I.CJ'Asro~ .': ".o.~aH.EafMl1tSdIft~CoIIoM"III.oR 44&tT·t . ,;. " .. ~ .,' - ... . ~. .... 51 T .. .. .f......t"f .. STATE OF Qb:S.o CO'DNl:"'ir OF ,.... ........ ~- - 1'Ie'I:e:C ~ r ..-.r.I: . ,20~" ~..~ STA'I':E OF <11d0 L ... COt.Jl'4TY OF C \}'J ftro Tba ......... ~_ It"i~,=:Ly 2). JoOAVO, .. PAtRICIA"~W 'V NOTARVPIJBUC, sœec ....eom........NoEalâ.... ...... ~-- QII-C. SediøI'I \41.013 , '\1,:10' ....._",..~__I.... _ CMII__ .......-- . --- -~...... ",.---~ . 4 .. .. .'. ..........,.. ." " . . Agenda Item No. 17B' '-' '.---.-- I December 14, 21J04 . tit O~gSf48 0f6:1 1945 *t. . nHIB'¡.T II A " , t t., " . ~ Tbo--East.cme-btIf~'iiîe Westooe..haIt(W K)ottbaNot&beutoø-qum.£ó-lE Y4Uf1hc NortbWl:at om:..q\JAIltcI' (N'W ~) of SCGtûm 11. To~ 49 S~ J.bmp 26 ltut, eam. Co1mty, F1o:dda, == partlcu1my delcr.ilx:d" røU~ .' .." .,. 'I1aI4¡tortimtotiboEathdtoffbe West hÌ1fot1bt ~bf'Ü1c ~~~œ Beede II, 'Towaahip 49 Sou.fJl, Rø,¡c 1lI!'ast, Colk COUDtY. ~.. ¥Da.Soutå 01 PIÐc ..; '. RJdp Road C.R. No, 196: tIdn¡ mote partJaWdy døl:aW ø fo11o'wst Çœ:øn-.e at ihe NOJ:11røsE coma: of ScctIaa 11.. Tøwm!dp 49 Scutb. Rqe 2G Eøts CatJiar . Cøaøt7. fJoddas.~ fQD lbth 891' 33~ Jr Eut.J.oq 1M NOItb lhIo of sàd. ~ 1& for . dJømco I3f 1,601.34 1= to tho N~ csamar of m. .&est Jm1! þt tJM Welt hill of 1M NcmbeuI quarta' otb N«Ihweat quørtc:r or aaìd Sœt1œl': f]aeacorua SoaOi ooe 2.1' 4&11 East' aloøg fbe WesfJlao of 1be Eathdf Df1hB W.·b8If oflbo Norft¡ast IJ,11IQter of1bo N~ qusrur of said Seotiaa 18 .fo.r I distaco of 139..41 feIIIt to t'bI Sødø.V d¡bt.ot""", 1irIc of State RcIad N4. &om (Pile 1Udp RD~ a 150.00 foot~'"""'1, lIS! tIm __ ¡" ànm aø. i'Jarùk Depettmad of'r~ Right-ofWl)' NIp fér 8u.!a 1load No, &.896, Scdioø.03S0446O!. C!!o1lîer CotaIty, Sheets 5 _ ci of ]J. _ !he Jt01NT OJ BBOINNING ut 1he þII'CIt1 of Ja1 , hendD defcdbed¡ dJ.eDoc t:OD.tinue S a10nI thi West bot the P.a&tba1£ of tœ WIft.ba1fGt'1bcNortheast of.aid Scctiao lIfwadistaol ~~~=::-.. . svCS!~·~~r~.:="~ u. of t1Io Bast Iuí1:f' of· .. ~.quatÞ:I' or.w . ScctIøø 18 for. t1l Ea&tba1fof1beWeltWf of the Nœ1beat at Ii tbCDiCO rm Nait1t 00" 23' ..., . t· 11" W=t .. ~ NraeIIwIat.... of_ Nørth-=at quetcr of 0 . pcàt......... , .~).. ". Q)tICØDtotbc'Nort'b;· Weau,dl__of$,lG4.58> feet ~ ea!d of the ~ Slade Road No. s.896j tbcncc t1Ic.. bciu¡thaSoulhcrly rigbr.d~ be of Stale ~S04.s. r~ tbraaIk . ceutri1 eng1a.af03·1t·~.s"'fbun roINTOFB~:" .' L!8SAND~ . A ¡)a¡ce1 of1aDdI1laaÚ18øaU01I1B, T~"~ ~;ft.'" ~t~ . . awl 'bebIs morepllticu'lar1y &acn"'bcd II ~ . ". eomm_. it the Ncø.thwest COIJICt at aaW Seedo.ø.18; the;aco NøzØ.\ U .... 34.... 36 ~ Bast 11ØØ&·1htt urmh Uœ otlllld Bdoa Ja, .. ðiIIWIaD of 1612.20 ~ ... 8otøb. 0 .... 24 JDi'rJuk:s 34 øc:oncb East. . cUlfMCt of lD.~ '-100 Ibø POINT 0Jt B'lJØJNNJMO¡ JIIÎd PohIt -l1Sa¡ QD b SeNOI riþ-at..., Iiœ oflbM .RJdp I\CIad (CJL I9&) IØJ·Wq!he ~ øtIU_Hqataurn, ~ tø "Nodi, bI'fIq anðtuiot5J04.ß r.t,a ccatø1 a¡1C1 oU ~ lllDÙn1tc1 08 ~ aøð I d1cmI otnJ.ß filet ~ Bocth" a.ar- 35 minutes 03 'DOOMa:QŒ;1htaeo last alcm¡ IBid atIrfe, I dSItaœ of322.'B.fCet; 'tlIcra swth o degrea 26~ \1IecDP4s BUt. a d11hmc:o of3S.00 toot to.dut ~rsf~ or"lIOD" tarJ.&em CU1'YC. ~ to 1be NOJth. hÞ1ng.. J8diua of 5839.$8 &et. .. ocmtalll1¡1e. 143 ~ JO mm11\Cl 00 IICCOUd'a. _ . dJIm1 01322.70 teet badq Nœth I. de&ÞN .35 dJMec 41 secœd8 Weat; 1beDœ Weat -B IBId ~ a diataI1cc of 32%,74 fBatw 1bœco Naa1b 0 dc¡reec 24 :IIIimnes 36 .eondal W~.. &tanœ of3,.OG f_1ø tU 'P0INT.()'f~ '" ...... "" ... ..,. " .. ,---_..._....-..._...-....._~_._......~._.._-~-_.__...- Agenda Item No. 178 December 14, 2004 Page 141 of 141 Conditions of Approval l. The variance is limited to a 15- foot variance ITom the required 15- foot setback for the western external boundary of the Pine Ridge Planned Unit Development (POO) and a 15-foot variance from the required 15-foot setback for the eastern external boundary of the Pine Ridge Center West PUD to pennit a O-foot setback rrom the common boundary between the two PUDs, as depicted in the applicant's site plan stamped "Received-January 30, 2003," except as further restricted below. The Site Plan is Exhibit A (Attached) 2. The variances are limited to the southernmost 534-feet of Pine Ridge Center and Pine Ridge Center West. The property ITonting the east and west sides of the shared access road shall meet setbacks. Exhibit HC" Agenda Item No. 17C December 14,2004 Page 1 of 5 EXECUTIVE SUMMARY SE-2004-AR-5861, An Ordinance of the Board of County Commissionen amending Ordinance No. 04-41, as amended, the Comer County Land Development Code, by speciftcaUy amending Ordinance No. 03-51, pertaining to the Wentworth Estates PUD, to correct a Scrivener's Error due to inclusion of an incorrect Zoning Atlas map number for Wentworth Estates PUD; and by providing for an effective date. OBJECTIVE: Recommendation to have the Board of County Commissioners correct an error resulting from an inadvertent admission of an incorrect Zoning Atlas map number on the attached Ordinance No. 03-51 (the Wentworth Estates PUD), within which no part of the Planned Unit Development (PUD) lies. CONSIDERATIONS: On September 23,2003, the Collier County Board of County Commissioners adopted Ordinance No. 03-51, which references Zoning Atlas map number 06298 as one of the maps that contains a portion of the Wentworth Estates PUD. However, there is no part of the referenced PUD within this Zoning Atlas map, and therefore, it should be removed :&om the Ordinance. FISCAL IMPACT: It should be noted that this amendment is only to correct the erroneous inclusion of the Zoning Atlas map number in Ordinance No. 03-51 that was approved by the Board of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The original petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the Growth Management Plan; this amendment is only to correct the language included in Ordinance 03-51 that was approved by the Board of County Commissioners. RECOMMENDATION: That the Board of County Commissioners approve the amendment to correct Ordinance No. 03-51. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning and Land Development Review 1 Executive Summary, SE-2004-AR-S861 Item Number It.m Summary Meotlng Dote Agenda Item No, 17C December '14. 2004 Pac¡e 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1.7C SE·2004·AR·5S61. AI' Ordinance of the Board of CC)lJOrv Commir.sionerr. of Collier County, Florida, IIm~ndinQ Ord¡r'løn~e NumbE!r Q'¿~41, 85 smt'nded. thl!! Collier County LAnd Devetopnllltlt Code, by speciflCfJlly amending Ordinance 03-51. pertulIlftlg to Ihe Wentwl,)r1h Estllles PUQ, to correct III Sr.riYßl1ltr's Error rllI~ 10 incltmion of an ìt1r.:orr~r.t Zoning Atlsft Mop Numhf!r for Wf!!nlworth Estate!', PUD; and by provfding for An after.tìve date 12/H1:1004 9:00:00 AM Prepared By 11'11!1120U..10:55:" AM Heidi WIlliam. C.ommunity Dflvfflopmp.nf & Envlro!1I'turntaf Servic.e.. OMr. ('\nnçipal r>illlnn.' Zonln9 tt. L.nd Development Review Date Approved By S.ndu L!'_:i CQmmunily Dmifllapm1tl'lt & Enyironmflntal S"n¡iCCI$ ExecU1lve SClcr...rv Communily OftvelopfTI(tnt & EnvirDnmental Servic"~ Adn\in, 11/181200" 3:36 PM Oate Approved By Const.ncœ A. Johnøon C:otr'lll'1untty DflvolQpmflnl & Environment.1 Sentie-e. Operationa Analy.' C:om,nunlty Dnvt!lopJ'tlflnl: & Environmøntal $ervic.1Þ8 Admin. 11119/20041(1:11 AM Ollte Approved By R..y B~lIow. COl"1'ltnunity Oaveloprncnt & Environmental S~rvir:4IS Chllllf P!:¡¡nnœf ;!',onir'lg & l.and O~"'ltloÞ"'t'lnt RIft\l!ew 11/19/21)0410:36 AM Datil Approved By Norm E. Fe'dillr, AICP ¡tan.poftion Servlcell Trllnsportßtlon DI....I.loo oI\dl'l1inhs,trator r'''It»pOt1.atlol' Sttrvh:;t!ti Admin. 11(19/200411:03 AM Date Approved By Suøan Murray, AICP Community Df¡vølopmlllnt & Environmil!ntal ServIces ;XC.lflitIQ & Land Peveloþllutllt Oit.ctof Zoning & Land Dt!lV"Cllopmcnt RlI'owinw i1/22{2004 '11 :69 AM 0... Approved By Ju*,epÞ K. Sc:h mitt Communtty Ocrvelo.p,ncnt... E.nvlronlnltntal SQfvlc:u Community OeviII'/opment $. Envlr<mment.,1 Servicns Arllnln$trutot Community D-eY6lopmant &. Envlrulllnøntal S.rvlc:ea Adr,\in, 11/.2212UfM 8:tlO PM Dot. Approved By OMS COOfCUnutor CQunty ManagClr'. O'flr.:e Admlni.tr.Uve Asø¡ttfølnt OfficI! of Mnn'QC'mG'l1t & Rudget 12121200410:01:1 AM Date Approved By M"rk luck~on County M;uuIAer'/$ Office Budgl!l1 An.lyai Office Qf M4Inog,,",ttnt.. f.\vdgfll 1:u:m:Oo. 11 :24 AM Outtt Approved By MIc:hll;t!1 8mykowøkl County Manage,'. attic," M¡mugelTlftnt &. .1udget l'Hrt!ctur Of 'jce of Manage-ment " BIJdgmt 1218f20LM 1:22 PM Date Approved By Jlllnea V. Mudd Board of County (~ommi"¡ontl.,. Cc.unty ManlllìltH CQ\Jnly Mon.gnr'J. Offic.rl 12/8/20046:14 PM ().qll) ",0- "....00 .N('I') o .q- Q) Z".... C') E....ro Q)Q)D... ......0 -E roQ) "0(,) CQ) ¡g,O <C ]"1Y~S OJ. .LON / - -.- ~ Us :!! ~ N I « " 9 Ñ ~ '~ L. ir ~ ¡ ~ i~ ~~ ~ê ~ a. <C i, ~ ~ 5~ Z 0 - .- <C U 0 ....J ~i s " ~ i!i a. <C ~ w .- en ... co co It) , c::: « . ..r o o !'II W II) 'It Z o l- I- W Q. Agenda Item No. 17C December 14,2004 Page 4 of 5 ORDINANCE NO. 04- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY SPECIFICALLY AMENDING ORDINANCE 03-51, PERTAINING TO THE WENTWORTH ESTATES PUD, TO CORRECT A SCRIVENER'S ERROR DUE TO INCLUSION OF AN INCORRECT ZONING ATLAS MAP NUMBER FOR WENTWORTH ESTATES PUD; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 03-51, on September 23,2003; and WHEREAS, following said action adopting Ordinance No. 03-51, staff detennined that the Wentworth Estates PUD Ordinance, timely transmitted to the Department of State, contained an incorrect Official Zoning Atlas map number that was made a part of the public hearing, and that those actions constituted a scrivener's error. NOW, TIffiREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO CORRECT THE PUD ORDINANCE TITLE. The title of Ordinance No. 03-51, pertaining to the Wentworth Estates PUD, is hereby amended to read as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, TIffi COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES TIffi COMPREHENSIVE ZONING REGULATIONS FOR THE UNlNCORPORA TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0629N, ~, 0630N, 0630S, 0631N, 0631S, 0632N, 0632S, 1605N AND 1605S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WENTWORTH ESTATES, FOR PROPERTY LOCATED ON THE SOUTHWEST SIDE OF TAMIAMI TRAIL EAST (U.S. 41) APPROXIMATELY 1-114 MILE SOUTHEAST OF THE INTERSECTION OF TAMlAMI TRAIL EAST (U.S. 41) AND RATTLESNAKE HAMMOCK ROAD (C.R. 864), IN SECTIONS 29,30,31 AND 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 5, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1558.49 ± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-85, THE FORMER LEL Y LAKES GOLF RESORT PUD; AND BY PROVIDING AN EFFECTIVE DATE. "'('N' ....... ...... .. '-1_* wordl underlined are added, Page 1 of2 Agenda Item No. 17C December 14,2004 Page 5 of 5 SECTION TWO: SCRIVENER'S ERROR AMENDMENT TO CORRECT TIfE POO ORDINANCE - SECTION ONE Section One of Ordinance Number 03-51, pertaining to the Wentworth Estates POO, is hereby amended to correct a scrivener's error by amending said section to read as follows: The Zoning Classification of the herein described real property located in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East and Section 5, Township 51 South, Range 26 East, Collier County, Florida, is changed from "POO" to "POO" Planned Unit Development in accordance with the POO Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 0629N,~, 0630N, 0630S, 0631N, 0631S, 0632N, 0632S, 1605N and 1605S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION THREE: EFFECTIVE DATE 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. A ITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to fonn and legal sufficiency: Patrick G. White Assistant County Attorney SE.2004-AR.'8611FRl1Ip U'._ .............. _ MlrII. wordI UDderlmed are added. Page 1 of2 Agenda Item No. 17D December 14, 20b4 Page 1 of 131 -- EXECUTIVE SUMMARY CU-2004-AR-6464 Pinnacle Towers, LLC, represented by Deborah L. Martohue, Esquire, of Hayes & Martohue, P.A., requesting Conditional Use 13 of the (A) Agricultural zoning district for a 518-foot replacement guyed tower and associated fàcilities, prior existing 524-foot guyed tower destroyed July 12, 2004. The property, consisting of 14.55 acres, is located at 305 Tower Road, northwest intersection of U.S. 41 and S.R. 951, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. OBJECTIVE: That the Board review staff's 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 seeks a Conditional Use for a 518-foot telecommunications tower on 14.55± acres .- of 1and. The proposed tower will replace a 524-foot guyed-wired telecommunications tower which was destroyed on July 12, 2004. The destroyed tower provided collocation space to both commercial and public end users. The rebuilt tower, as indicated within the attached application, will be occupied by: the United States Coast Guard, a division of the Homeland Defense Department; Florida Gulf Coast University providing for the Marco Island National Public Radio (NPR) broadcast service; the United States Navy; Cingular Wireless; Metrocall Wireless; Metro PCS; Nextel; and T Mobile. Also, a letter of interest from Renda Broadcasting was included within the Conditional Use application. The original tower, constructed to 700 feet, which was later reduced to 524 feet, would not be allowed as a pennitted use at either height based upon the current development regulations for towers in the Agricultural Zoning District. A telecommunication tower is a pennitted use in the Agricultural Zoning District up to a maximum of 250 feet. All towers above 250 feet require Conditional Use authorization. The prior existing tower was nonconfonning in this respect; a Conditional Use was never granted for the tower. The tower was constructed in 1971, before the codification of the height restriction. Additionally, a new tower would be required to be separated ITom the nearest residential zoning district by 2.5 times the height of the proposed tower. The original 700-foot tower would require a separation of 1750 feet from any residential zoning district. Both the 700-foot tower and the prior 524-foot tower did not meet this separation requirement. A residential tract of land within the Eagle Creek PUD was constructed within 700 feet of the base of the tower, thus rendering the tower nonconfonning in respect to the residential separation requirements. - CU-2004-AR-6464 Page 1 of 5 Agenda Item No. 170 December 14, 2004- Page 2 of 131 Since 1971, when the original tower was constructed, the land use for the immediate area has evolved. At the time of original construction, the area was sparsely developed with a predominate rural/agricultural character. That ruraVagricultural character is no longer present. The 14.55±-acre property has two immediate neighbors; Eagle Creek Residential PUD, which authorizes 470 dwelling units, and Comcast Cable administrative and service center which houses a telecommunications tower on site. This residential and commercial land use mix is controlling along the Collier Boulevard (CR951) corridor south of US41. The CR951/US41 intersection has been designated a mixed-use activity center by the Future Land Use Element (FLUE) of the Growth Management Plan. The majority of parcels fronting on CR951 within a mile south of the subject property are zoned commercial, with a wide range of residential zoning/development comprising the land use east of these commercial properties. This zoning/development includes single-family, multi-family, mobile home, travel-trailer and recreational vehicle. The majority of the lands west of the commercial properties on CR951 are zoned Agricultural with a Special Treatment (ST) overlay zone due to the environmental characteristics of the land. Staff has reviewed the application, which is attached to this executive summary, and believes the applicant has satisfactorily addressed each of the regulatory issues required to replace a nonconfonning telecommunications tower. The applicant was not required to provide alternative locations as required for new tower builds. The petition was also forwarded to the Collier County Mosquito Control District for review and comment, and the agency has expressed no opposition to the project. The applicant, at the subject site through the administrative review process, would be pennitted to develop a single tower or multiple towers at the location up to 250 feet in height. As part of the Conditional Use request, the applicant has submitted a composite of the antennas proposed th lac Th 'd d b I on erepJ ement tower. at comooslte IS DroVl e eow. Level Tenant Level Tenant 518 US COAST GUARD 300 RENDA BROADCASTING OF NEVADA 516 CINGULAR INTERACTTVE, L.P. 275 FLORIDA GULF COAST UNIVERSITY / WGCU-FM 500 NA V FAC ENG COM 250 CINGULAR WIRELESS LLC 475 US COAST GUARD 240 NEXTEL COMMUNICATIONS 448 US COAST GUARD 220 METRO PCS 435 US COAST GUARD 200 NA V FAC ENG COM 340 FLORIDA GULF COAST 199 FUTURE UNIVERSITY/ WGCU-FM 318 RENDA BROADCASTING OF 190 METROCALL, INC. NEVADA 309 WEBLINK WIRELESS I, LP 175 VOICESTREAM PCS 305 WEBLINK WIRELESS I, LP 160 FUTURE As noted, the land use surrounding the subject property has transitioned trom ruraVagricultural to a mix of commercial and residential development. The primary question of the applicant's request is whether the current mix of commercial and residential development is incompatible ......"'..'.. CU-2004-AR-6464 Page 2 of 5 · Agenda Item No. 17D December 14, 2004 - Page 3 of 131 with the proposed 518-foot replacement tower. With the failure of the previous 524-foot tower in July, the size of the subject site (14.55 ± acres) provided to be of sufficient size to contain the tower in the event of a failure. The fact that the tower fell within the designed fall zone, one- hundred percent contained within the Pinnacle property, establishes the fact that the tower poses no safety threat to the surrounding parcels. With the question of safety eliminated from the compatibility equation, it is staffs belief that the question of compatibility is based on aesthetics. Also noted in this report, the subject property has been the site of a tower taIler than 500 feet since 1971. The only adjacent residential development to the site is Eagle Creek with 470 residential units. The issue of incompatibility of the residential units in relation to the tower in the immediate area did not prevent the construction of these units. It was the construction of these units in close proximity to the tower that rendered the tower nonconforming in relationship to residential separation. Originally the subject site was the location of a 700-foot tall tower that was later reduced to 524 feet. Existing development in the local area was constructed with the presence of the tower. Therefore, the argument against the tower solely based upon an aesthetic incompatibility is somewhat mitigated by this fact. The subject site will be the location for a tower. As mentioned, the site could construct one or multiple towers at the location up to 250 feet. Based upon the proposed antennas for the 518-foot rebuilt tower, fifty-eight percent of the antennas above the 250-foot height would be for governmental or public institutional use. More particularly, thirty- three percent of the antennas above the 2S0-foot height would be for the U.S. Coast Guard, a component of the U.S. Department of Homeland Security, for the implementation of the Rescue 21 communications system. In addition to the U.S. Coast Guard, the U.S. Navy will utilize the tower at the SOO-foot level. Staff recognizes that based upon the commercial and residential surrounding land uses to the subject site, a 2S0-foot tower would be visually less intrusive than a 518-foot tower, but staff does not believe that this reduction in height would provide enough justification to residents in the local area to deny the health, safety, and welfare benefits provided by the governmental users location on the proposed 518-foot tower to the boating community and all residents of Collier County. Based upon this assessment, the benefit derived to the boating community and all county residents, versus the negative impact the proposed tower would impose upon the local residents, staff is recommending conditions of approval which state that the applicant will be required to submit an inventory of all end users of the tower on an annual basis to the County, and that if no governmental user utilizes the tower above the 2S0- foot height, then the conditional use approval is no longer valid and the tower shall be brought into conformity with the 2S0-foot height limitation imposed by the Agricultural Zoning District. FISCAL IMPACT: Telecommunications Towers are not subject to impact fees; therefore approval of this petition will have no direct fiscal impact on Collier County. ......."'- CU-2004-AR-6464 Page 3 of 5 Agenda Item No. 170 Oecennber14,2004 Page 4 of 131 GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict pennits communication facilities. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its totality. Based upon the above analysis, staff concludes that the proposed land use for this subject site can be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: The environmental staff's analysis indicates that there are no environmental issues associated with the project. A preserve management plan will be required of the project at the time of Site Development Plan submittal. ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION: This petition was not required to go before the EAC because the subject property had already been altered through past usage in such a manner that the proposed use will not further degrade the environmental quality of the site or surrounding areas. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the November 18, 2004, CCPC meeting. The Commission motioned to furward petition CU-2004-AR-6464 with a recommendation of approval, subject to staff's conditions, and an additional condition to phase the installation of the northern landscape type "B" buffer with the removal of exotics by Eagle Creek along the same northern property boundary. The motion passed UNANIMOUSL Y by a vote of nine to zero. STAFF RECOMMENDATION: That the Board approve Petition CU-2004-AR-6464 subject to the following conditions as modified based upon the November 18, 2004 Planning Commission public hearing attached to the Resolution: 1. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply CU-2004-AR-6464 Page 4 of 5 Agendél Item No. 17D December 14,2004 Page 5 of 131 with all applicable County ordinances in effect at the time of the submittal, including Section 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 2004-41). 2. Pursuant to Section 2.03.07 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. Pinnacle Towers Inc., or the current tower owner shall submit a monitoring report to the planning services department director every year on the anniversary date of Board of Zoning Appeals' approval of this petition. The report shall inventory the entities utilizing antennas located on the tower. 4. The tenn of this conditional use approval shall be for the length of time that the tower is utilized by a federal, state or local governmental user above the 250-£oot height level. 5. As part of the health, safety and welfare functionality provided for by the replacement tower, Pinnacle Tower Inc., or the current tower owner shall provide back-up generator usage to Florida Gulf Coast University to facilitate the emergency broadcast services provided for by FGCU National Public Radio. 6. As part of approval of this conditional use, Pinnacle Towers shall submit a Site Development Plan amendment for the expansion of the existing compound to allow for the addition of back-up generators to all users of the telecommunications tower. 7. Pinnacle Towers Inc. shall phase the installation of the northern landscape type ''B'' buffer with the removal of exotics by Eagle Creek along the same northern property boundary. PREPARED BY: Mike Bos~ AICP, Principal Planner Department of Zoning and Land Development Review CU-2004-AR-6464 Page 5 of 5 item Number Item Summary M..ting D.t. A'be;~:::~~e~ 1~021m Pag. 6 of 131 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17D - Thifj. n!'lm rf.rquirB!11h!i1 all part.icipants be swom ìn and e)(~partf.! di.nclo5ure be provided by Commission nlembers Pinnacle TowE"rs, LLC, ",pr8~Elnted by Dflbaran L.. MartohufJ, Esquírf, ¡) ' Hayes & Mor1otluc, P .A., requesting COl~dHjonsl Use 13 or the (A) Agrtcultural .loning di£iU'lr:1 fOf n 51 lS·foot replor.ement guyed lowP:r and a~socj,ftled fflrJlilíe~, prior &xir.ting 524· 1(10. gUYf d fOWE"r destroyed July 12, 2004, ThE" pro pert)', consisting of 14 55 scres, is.loC'.atf!d at 305 Tower Road, northwest tnhtrsectlon ot U,S 41snd S.R. 951, in $ectioIl3. Township 51 South. Range 2e East, Collier County, Ff[,nQa 12/14/2004 9:DO.DO AM Prep.red By 11/18120043:54:1] PM Mih Bo,,¡, AICP Comlnunlty DevelQpment & fnVlr'OfI,nental SEtIVt<:.Ø Date PrincipII! Plent'll :( Zoning &. Land Dtlvelopment Review Date Approved By Mike 8o .i, AICP Communjty O.....lopment & Environmenløl Services Princlp.4I1 Planner Zoning 8. LJnd Devwlopm"nt Rwviill'w 11/18r.!U04 3:54 PM Date Approved By S;lndru llt& Community PØ\l4Ilopmffnt & Envjronmental Ser'llic.... Ex.cutlv. S.cmrtary Community De....elopm.nt.. Environmental Servloes Admin. 11m~/700" ":08 PM Constance A. Johnson Date Approved By Community D(tv(tl ')pm~nl.& Envimt11T1ftnbf Service.. Op.ration. Anal)/8t Comml.lnlty DllvItIQP~"t & (nvironment.15Itrvle:es Admin. 11/1vr¿OO4 10:12 AM Approved By R..y Bellow.s Commurlity O""Cllopmtmt & Envlronnllll'ltal Serviolr,a ChilD' P¡"nner Cate Zoning & l.nd Development Review 11/19/200" 10:38 AM Dot. Approved By Susan Murrny, AICP Cc3tnmuI,lty Dave!\)plTlellt & Environmantll SarvlclI!IlI Zoning & l.and Dnv.IQpmtlnt Din:rctor Zonll'1Q & L,nd OevnlnprMI11 Rltylnw 11122/200412:04 PM Cate Appro.ed By Joseph K Schmitt CommunIty DIt\lt'llop,nnnt r. Envlronm..ntal Sobrviclt$ Community DÐ'IslDþment " En1,lironmantat SerVice. Admln.tntof Comrm¡nUy Oltl,/ttloprr1P.nt & Envirol'tmtlntgl $erv!cluí Admin. 11/;13120001 1 :25 PM Ont~ Approved By Norm E. feder, AICP Tr.nlSpoltlorl Sltlvict\8 Transporta'tìon Divialon Admini.,tfft.tor Trun~p )tht.ir)1I Sflrvir;CJSi Afltnln. 12:/)/200~ 6:24 AM {).II'!CI Approved By OMß C:uordinflt )t County ~"'an.ger'," Office Adml,,11I1rlillvtl ÄlSllln1ø,nl Office of M3Inag..m8,nt & Budgtft 121312004 1I:f.i3 AM Date Approved By M.rk luckaon Cou nty Malu'ger'lJ OI'fIC«! Budget Analyst Offlc.'e of MiulilgctnM'lnt & ßl.ldQel 12131;200'"' 1~:27 PM Dfltlt Approved By MIc:IMIII Smykow.,1<1 Cuunly Mlln'ytlf'" Office M1Inng4l'nlMf & DlJdgel Qlnrclor otfi¡;tI of MurlaY.'\'I'ðnt & BuLlgut 1216/2004 1:]6 ~'M Dat. Appro.ed By JafTUt8 v, Mudd Board a' County C;Olnmilit;lon.r. Coul'1ty M&ll'1a9~U County Mt'lnagttr'r, Ofticr: 1217/2004 ð:27 AM ... - ~ ....-.-..--- Agenda Item No. 170 AGEDre lfftHM18,a 004 Page} of 131 Co~T County - '--~ -- ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: NOVEMBER 18,2004 SUBJECT: CU-2004-AR-6464 - Pinnacle Replacement Tower PROPERTY OWNER/AGENT: OWNER: Pinnacle Towers Inc. 301 North Cattleman Road Sarasota, FL 34232 AGENT: Deborah L. Martohue, Esq. Hayes & Martohue, P .A. 5959 Central A venue, Suite 104 Saint Petersburg, FL 33710 REQUESTED ACTION: The petitioner requests conditional use approval for a 518-foot guyed telecommunications tower provided for in Table 2 of Section 2.04.03 of the Collier County Land Development Code in the Agricultural (A) Zoning District to replace a prior existing nonconfonning 524-foot guyed telecommunications tower destroyed July 12, 2004, per Chapter 5.06.09, Protection of nonconformity, of the Collier County Land Development Code. LOCATION: The subject property is located at 305 Tower Road, which is v.. mile west of Collier Boulevard (CR951) and 1 mile south of East Tamiami Trail (US41), in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.55± acres. CU-2004-AR-8464 November 18. 2004 CCPC Page 1 of 13 Agenda Item No. 170 Oecernber14,2004 Page 8 of 131 I I --- n.. « ~ W I- - U) . ... .....- / "l:- . ::t - 0 . z 0 II ¡:: Ió . " ¡:: III If IL n.. · Dr III e( ~ .. "" Z t . 0 - l- e( (.) 0 ...J " CU-20D4-AR-ô464 November 18. 2004 CCPC Page 2 of 13 I - IN! 1111 IIII !I!¡ J ~ I J I.. J C7I Conceptual Site Plan ~¡¡¡ .-- ·"1 I 1 oj , '. 1:1 . l . . ~ ~'" ¡¡ i" ! Ii ~:. !: '~I II! II' I "'~ I ~ I,,; 'i ~~ ,I ~ ~I ' C ,!~Ii 'ii 'Ë 'I! I ¡, li< Agenda Item No. 17D Decernber14,2004 Page 9 Ç>f 131 ~.* I . J . I I II I .- I !I iI, I; I i _,' II I I II I I !! ìli ;ql iilll I I I · I I h " II- UIII II I ' Ii I I· I I I, II II I , I ~nllll'I:I' I' ~ ïl I I 11I11.III'Pi :11 .: II I ~I~I II 111111111.1. a ,'1 I . DO ~_.. ].%_I Illi. I!; I I '" III II ~ ... I ~~ .-. ~€i l- "I I! , I .~ 1ft, \ \ ": I _¡IS I.. ·'1 1 !I i III IIi .. II I i I;· I! '. I I I I ¡ : II I I" II', of I : !III .IG II I : I!i ' I I 'd I - . ! I It ...-- III ..... 0 - ~ '1iI~ !! ;. , r .':1 I 0 "'1 I c 0 ~. I pdl · 5!i .1 -I 0 e'111h I · ì J!!I II . I I lill I ., I I I ..- --- .-. . - ... CU-2004-AR-6464 November 18. 2004 CCPC Page 3 of 13 ~ ~ ~ ... ..---.-...- Agenda Item No. 17D December 14, 2004 Page 10 of 131 DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a 518-foot telecommunications tower on 14.55± acres of land. The proposed tower will replace a 524-foot guyed-wired telecommunications tower which was destroyed on July 12, 2004. The destroyed tower provided collocation space to both commercial and public end users. The rebuilt tower, as indicated within the attached application, will be occupied by: the United States Coast Guard, a division of the Homeland Defense Department~ Florida Gulf Coast University providing for the Marco Island National Public Radio (NPR) broadcast service; Cingular Wireless; Metrocall Wireless; Metro PCS; Nextel; and T Mobile. Also, a letter of interest from Renda Broadcasting was included within the Conditional Use application. In addition, the applicant has initiated discussion with Dan Summers, Director of Collier County Emergency Management, regarding the potential utilization of the tower for the departments use. Infonnation concerning the Coast Guard's Rescue 21 communication system is included within the package attached to this staff report. It should be noted that on January 13, 2004, the Board of County Commissioners denied the applicant a request for a second 700-foot tower at the subject site. The original tower, constructed to 700 feet, which was later reduced to 524 feet, would not be allowed as a pennitted use at either height based upon the current development regulations for towers in the Agricultural Zoning District. A telecommunication tower is a pennitted use in the Agricultural Zoning District up to a maximum of 250 feet. All towers above 250 feet require Conditional Use authorization. The prior existing tower was nonconfonning in this respect, a Conditional Use was never granted for the tower. The tower was constructed in 1971, before the codification of the height restriction. Additionally, a new tower would be required to be separated from the nearest residential zoning district by 2.5 times the height of the proposed tower. The original 7oo-foot tower would require a separation of 1750 feet from any residential zoning district. Both the 7oo-foot tower and the prior 524-foot tower did not meet this separation requirement. A residential tract of land within the Eagle Creek PUD was constructed within 700 feet of the base of the tower, thus rendering the tower nonconforming in respect to the residential separation requirements. Chapter 5.06.09, of the Land Development Code, specifically addresses the protection of nonconforming towers and provides for the means to which these towers shall be replaced. Notwithstanding anything to the contrary in any Collier County ordinance, any then nonconforming tower that is destroyed by any means to an extent of more than 50 percent of its actual replacement cost at the time of destruction, as determined by a cost estimate submitted to the zoning director, shall not be reconstructed or repaired without conditional use approval. Notwithstanding anything to the contrary in any Collier County ordinance, including any provision of chapter 9.03.00 of the Land Development Code. a nonconforming tower and/or accessory structures may be voluntarily reconstructed in any zoning district at its site subject to the conditional use procedures of the Land Development Code provided such reconstruction complies with section 9.03.03 The extended useful life of the tower and/or accessory structures that will result from reconstruction shall not be construed to be an CU-2004-AR-6464 November 18, 2004 CCPC Page 4 of 13 Agenda Item No. 170 December 14, 2004 Page 11 of 131 enlargement, intensification, increase or extension of the nonconforming use. After nonconforming facilities and/or accessory structures are reconstructed under conditional use authorization, such facilities and/or accessory structures shall be deemed to have a conditional use permit under section 9.03.03 of the Land Development Code. This Subsection of the LDC specifies the manner in which a nonconfonning tower may be rebuilt at its present location, requiring that the rebuilt tower be authorized through the Conditional Use process and that the rebuilt tower shall not be construed as an enlargement, intensification, increase or extension of the nonconfonning use. This staff report provides evidence of compliance with the Conditional Use procedures requirement and the proposed rebuilt height of 518 feet, six feet less than the prior 524-foot tower is a documentation that the rebuilt tower is not an enlargement or increase to the prior nonconfonning tower. The placement of the rebuilt tower, in respect to the overall parcel, will mirror the placement of the previous tower. Staff has reviewed the application, which is attached to this staff report, and believes the applicant has satisfactorily addressed each of the regulatory issues required to replace a nonconfonning telecommunications tower. The applicant was not required to provide alternative locations as required for new tower builds. The petition was also forwarded to the Collier County Mosquito Control District for review and comment, and the agency has expressed no opposition to the project. -----~_J "- ..... I' ~ , I " ....... ...... PUD" ...... ....... "'- " " / ,:)r~ I .\1 (f' I I '¡ ..... IIIH . c-s i SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: North: East: South: Prior 524-foot tower, zoned Agricultural (A) Golf Course and Residential Structures, zoned Eagle Creek PUD Cox Cable Complex, Agricultural (A) Undeveloped tract, Agricultural (A) CU-2004-AR-6464 November 18. 2004 CCPC Page Sot 13 . .. .---...... .---- Agenda Item No. 17D December 14,2004 Page 12 of 131 West: Golf Course, zoned Eagle Creek PUD Since 1971, when the original tower was constructed, the land use for the immediate area has evolved. At the time of original construction, the area was sparsely developed with a predominate rural/agricultural character. That rural/agricultural character is no longer present. The 14.55+-acre property has two immediate neighbors; Eagle Creek Residential PUD, which authorizes 470 dwelling units, and Comcast Cable administrative and service center which houses a telecommunications tower on site. This residential and commercial land use mix is controlling along the Collier Boulevard (CR95 I) corridor south of US41. The CR95l/US41 intersection has been designated a mixed-use activity center by the Future Land Use Element (FLUE) of the Growth Management Plan. The majority of parcels fronting on CR95 I within a mile south of the subject property are zoned commercial, with a wide range of residential zoning/development comprising the land use east of these commercial properties. This zoning/development includes single-family, multi-family, mobile home, travel-trailer and recreational vehicle. The majority of the lands west of the commercial properties on CR951 are CU-2004-AR-6464 November 18, 2004 CCPC Page 6 or 13 --. -_.. _.~ '--. Agenda Item No. 17D December 14, 2004 Page 13 of 131 Special Treatment (ST) overlay zone due to the environmental As noted, the land use surrounding the subject property has transitioned from rural/agricultural to a mix of commercial and residential development. The primary question of the applicant's request is whether the current mix of commercial and residential development is incompatible with the proposed 518-foot replacement tower. With the failure of the previous 524-foot tower in July, the size of the subject site (14.55 ± acres) provided to be of sufficient size to contain the tower in the event of a failure. The fact that the tower fell within the designed fall zone, one- hundred percent contained within the Pinnacie property, establishes the fact that the tower posses no safety threat to the surrounding parcels. With the question of safety eliminated from the compatibility equation, it is staffs belief that the question of compatibility is based on aesthetics. As noted in this report, the subject property has been the site of a tower taller than 500 feet since 1971. The only adjacent residential development to the site is Eagle Creek, with 470 residential units. The issue of incompatibility of the residential units in relation to the tower in the immediate area did not prevent the constructions of these units. It was the construction of these units in close proximity to the tower that rendered the tower nonconfonning in relationship to CU-2004-AR-6464 November 18, 2004 CCPC Page 7 of 13 Agenda Item No. 17D December 14, 2004 Page 14 of 131 residential separation. Staff recognizes that the question of aesthetics is very subjective and one that staffwill not attempt to answer, but staff will point out certain facts. The applicant, at the subject site through the administrative review process, would be permitted to develop a single tower or multiple towers at the location up to 250 feet in height. As part of the Conditional Use request, the applicant has submitted a composite of the antennas proposed on the replacement tower. That composite is provided below. PropoIIed reIocat8d antenn. leINI ,.... 518 U.S. ~ST GUARD 518' CII8UI.AR MSUoCTNE, L.P, SOO NAY FAt ENG COM 475 U.S. COAST GUARD 44S' U.S. COAST OUAAD 435 U.S. COAST GUMD 340 FlOR~ GULF co..ST UNIVERSITY I WGCU.fU RENDA IRCWJCASTIHG OF NEVADA WEaN( WlW.ESS I, LP. A TEXAS LTD PART WE'" WltELESS I, LP, A TEXAS LTD PART 311 - 3D5' 300 275 250' 240 220' 200 199' 19a 175' 160 RetØ IIROM)CASTttG Œ tEVADA INC. F1.OAÞ GULF CQ\ST UNfVERSfTY / WOCU.fU CINGULAR WIRElESS LLC NEXTB. COMJMICA11ONS MEmO PCS CAI.FCØ4IMlORØ. HAV FAC ENG COM F=lItllrP ME'JROCAI.L. INC. VOICESTREAM PCS FUUt Of the above list, the U. S. Coast Guard would account for four of the twelve antenna locations above the permitted 250-foot height. Florida Gulf Coast UniversitylWGCU-FM would account for two of the twelve antenna locations above the permitted 250-foot height. Commercial users would utilize the other six proposed antenna locations above the 250-foot level. Based up the composite break down fifty percent of the antenna locations above the pennitted height of 250 feet would be for governmental or public users. Originally the subject site was the location of a 700-foot tall tower that was later reduced to 524 feet. Existing development in the local area was constructed with the presence of the tower. Therefore, the argument against the tower solely based upon an aesthetic incompatibility is somewhat mitigated by this fact. The subject site will be the location for a tower. As mentioned, the site could construct one or multiple towers at the location up to 250 feet. Based upon the proposed antennas for the 518-foot rebuilt tower, fifty percent of the antennas above the 250-foot height would be for governmental or public institutional use. More particularly, thirty-three percent of the antennas above the 250-foot height would be for the U.S. Coast Guard, a component of the U.S. Department of Homeland Security, for the implementation of the Rescue 21 communications system. Staff recognizes that based upon the commercial and residential surrounding land uses to the subject site, a 250-foot tower would be visually less intrusive than a 5l8-foot tower, but staff does not believe that this reduction in height would provide enough justification to residents in the local area to deny the health, safety, and welfare benefits provided by the U.S. Coast Guard location on the proposed 518-foot tower to the boating community and all residents of Collier County. Based upon this assessment, the benefit derived to the boating community and all county residents, versus the negative impact the proposed tower would impose upon the local residents, staff is recommending conditions of approval which state that the applicant will be required to submit an inventory of all end users of the tower on an annual basis to the County, and that if no governmental user utilizes the tower above the 250-foot CU-2004-AR-6464 November 18, 2004 CCPC Page 8 of 13 ,.<...,..._-----,..~ Agenda Item No. 17D December 14, 2004 Page 15 of 131 height, then the conditional use approval is no longer valid and the tower shall be brought into confonnity with the 250-foot height limitation imposed by the Agricultural Zoning District. As referenced within this staff report, the applicant was before the Planning Commission and Board of Zoning Appeals last year with a request to add a second 7oo-foot tower to the site. The staff report for that petition came before the Planning Commission with a recommendation of approval from staff based upon the health, safety and public welfare the proposed tower would provide based on the request being motivated by the US Coast Guard. The Planning Commission at the October 16, 2003, hearing motioned by a unanimous vote to forward the conditional use request for the height, and the variance request for the residential separation requirement, to the Board of Zoning Appeals with a recommendation of approval. The Board of Zoning Appeals on January 13, 2004 denied the request, indicating that the applicant did not provide sufficient evidence that the tower could not be located at an alternative location and that the existing tower could not accommodate the proposed US Coast Guard antennas. Based upon that action, the Coast Guard located upon the existing 524-foot tower. This component of alternative sites for the US Coast Guard has not been mandated by this Conditional Use application. The conditional use application is for the replacement of a tower that has been rendered nonconfonning. The procedures do not require the application to discuss potential alternative sites as would be required of a new tower seeking a conditional use. Staff has received a letter, dated October I, 2004, from Gene Schmidt, Executive Director of the Collier County Airport Authority, expressing his concerns about the proposed project. Additionally, the applicant has supplied a letter of no objection to the proposed tower location and height from the Federal Aviation Administration (FAA). Both letters have been included within this staff report. GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staffhas reviewed this request and offered the following comments: The subject property is designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict penn its communication facilities. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this detennination to Current Planning staff as part of their review of the petition in its totality. Based upon the above analysis, staff concludes that the proposed land use for this subject site can be deemed consistent with the Future Land Use Element. The other applicable element of the GMP for which a consistency review was made is the Transportation Element. Ingress and egress to the site will be provided through Tower Road with access to the site via a gravel and broken pavement drive that is l2-feet wide. The number of vehicle trips generated by the use will be limited to monthly maintenance inspections. Based CU-2004-AR-6464 November 18. 2004 CCPC Page 9 of 13 Agenda Item No. 170 December 14, 2004 Page 16 of 131 on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County road. In addition, the site-generated trips wi1l not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The· proposed impact of the proposed tower on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments and conditions have been incorporated into this staff report. ST AFF ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the Land Development Code (LDC). The motivating factor for the construction of this tower is the destruction of the previous tower on July 12, 2004. Chapter 5.06.09 of the Land Development Code specifically addresses the protection of nonconforming towers and provides the means by which these towers shall be replaced. Due to these findings of consistency and protection of nonconforming towers specified by the LDC, the proposed project can be found to be consistent with the LDC and the GMP. 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. Ingress and egress to the site will be provided through Tower Road with access to the site via a gravel and broken pavement drive that is 12 feet wide. The access drive off Tower Road is a private driveway maintained by the applicant. Collier Boulevard (CR9S1) is approximately 2,000 feet to the east of the access point on Tower Road. A locked gate that is set back from Tower Road controls access to the site. The access road's distance from Tower Road allows trucks to pull off the road and not impede traffic on Tower Road. Emergency Services have been provided keys to access the site. CU-2004·AR-6464 November 18, 2004 CCPC Page 10 of 13 Agenda Item No. 17D December 14, 2004 Page 17 of 131 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The proposed reconstruction of the tower will affect the visual aesthetics of the area, but the proposed visual impact of the tower on neighboring properties should be minimized due to the property being a tower site for the past thirty-three years. The only adjacent residential development to the tower is Eagle Creek. The internal residential land use pattern for the PUD, by evidence of its current spatial arrangement, did not view the tower as incompatible. The spatial arrangement of residential development for the PUD places units within 720 feet of the tower, if the uses where perceived to incompatible, then an alternative placement of these units would have been selected. Page seven of this staff report illustrates the Eagle Creek Master Plan, and based upon the internal spatial arrangement, residential units could have been located further from the existing tower. Eagle Creek is 298 acres, with 470 units and 149 acres devoted to golf course use. It was the decision to locate the multi-family residential units within close proximity to the existing tower that rendered the tower nonconfonning. The proposed replacement tower will not create any additional glare or odor from the site and the only additional noise would be from the air conditioner associated with the accessory building. The noise generated will be mitigated due to the size of the parcel and the distance ITom the base of the tower to the neighboring property lines. The proposed replacement tower is not expected to have a negative impact on the economic value of the neighboring properties. These properties were developed in the presence of the prior existing tower and any negative impact would have most likely prevented the surrounding properties from such a land use location choice. 4. Compatibility with adjacent properties and other property in the district. The subject property has been the location of a broadcast tower since 1971. At that time, a 7oo-foot tower was constructed. The prior existing tower, which was destroyed this past summer, had been subsequently lowered through SIP-OO-AR-I054 to its present height of 524-feet. The replacement tower is sought at the height of 518-feet. The proposed rebuilt height of 518 feet, six feet less than the prior 524-foot tower is a documentation that the rebuilt tower is not an enlargement to the visual intrusion presented by the previous tower. The residential development that currently exists adjacent to the tower site (Eagle Creek) was developed with a taller tower at the present location. The surrounding property land characteristic is that of a mix of commercial and residential development, with a majority of parcels ITonting on CR951 within a mile south of the subject property having commercial zoning. The size of the parent parcel, with the existing buffers and vegetation, will effectively screen the base of the tower and the accessory buildings from the surrounding properties. Through the administrative site development plan procedure, a tower up to 250 feet in height could be developed at the site. This will create a visual intrusion to the aesthetics to the area. The applicant is proposing to replace the previous 524-foot tower with a 518-foot tower. Both towers provided or will provide collocation space for the US Coast Guard, a division of the Department of Homeland Security. Because the site will be the location of a tower up the 250 feet, and because of the public health, safety and welfare functionality brought to the tower by the Coast Guard presence, staff is of the belief that the CU-2004-AR-6464 November 18, 2004 CCPC Page 11 of 13 -- ..._.....,.~. .~- Agenda Item No. 170 December 14, 2004 Page 18 of 131 Coast Guard presence on the proposed tower justifies the reintroduction of a nonconforming structure to the local area. CONDITION DISCUSSION: Staff has recommended conditions to be attached to any approval for this petition. The conditions are addressed below: Condition No.1 allows staff limited discretion to recognize and provide administrative relief for minor differences in site design, while prohibiting any intensification of the use. Condition No.2 requires preservation of any historic or archaeological artifacts that may be found during the excavation. Condition No.3 requires the current owner of the tower to submit an annual inventory of the end users of the tower. Condition No.4 dictates that the conditional use approval shall remain valid only for the time period the tower houses a governmental user on the tower above the permitted height of 250 feet in an Agricultural Zoning District. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2004-AR-6464 to the Board of Zoning Appeals, subject to the following conditions: 1. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of the submittal, including Section 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 2004-41). 2. Pursuant to Section 2.03.07 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. Pinnacle Tower Inc. or the current tower owner, shall submit a monitoring report to the planning services department director, every year on the anniversary date of Board of Zoning Appeals approval of this petition, the report shall inventory the entities utilizing antennas located on the tower. 4. The term of this conditional use approval shall be for the length of time that the tower is utilized by a federal, state or local governmental user above the 250-foot height level. CU-2004-AR-6464 November 18,2004 CCPC Page 12 of 13 Agenda Item No. 17D December 14, 2004 Page 19 of 131 PREPARED BY: ~~ ./- 'o-2c..~<.9't MIKE BOSI, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: IO-lb-O~ L S,M A ER DATE ENT OF ZONING AND LAND DEVELOPMENT REVIEW ~~ ~~ la"~-OY ...sUSAN MURRAY, A~CP, ~~C;O;· - \ DATE ... DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: COLLIER COUNTY PLANNING COMMISSION: ~jAJ/ RUSSELL A. BUDD, CHAIRMAN Tentatively scheduled for the December 14,2004 Board of County Commissioners Meeting CU-2004-AR-6464 November 18. 2004 CCPC Page 13 of 13 I /. :.... Agenda Item No. 17D December 14, 2004 Page 20 of 131 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETmON FOR CU·2004·AR·6464 The following facts are found: 1. Table 2 of Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes (' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes v No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No DATE:~ MEMBER: G't.~y1 ~¥-.ft\- Based on the above findings, this conditional use should, wi stipulations, (copy attached) (should not) be recommended for approval EXHIBIT A e e Agenda Item No. 170 December 14, 2004 Page 21 of 131 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR ACONDITIONALUSEPETnnON FOR CU-2004-AR-6464 The following facts are found: 1. Table 2 of Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the condi . onal use will not adversely affect the public interest and will not adversely affect other pro rty or uses in the same district or neighborhood because of: A. No cy with the Land Development Code and Growth Management Plan: Yes 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 j No C. Affects neighboring properties in relation to noise, glare, economic or odor e~cts: . / No affect or _ Affect mitigated by Z Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YesL No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: '. Agenda Item No, 170 December 14. 2004 , Page 22 of 131 FINDINGS OF FACT BY COLLŒRCOUNTYPL~GCO~S&ON FOR A CONDITIONAL USE PETITION FOR CU·2004·AR-6464 The following facts are found: 1. Table 2 of Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land D~opment 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_ NoL C. Affects nZighbO . g 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 ~ other property in the district: ,r Compatible use within district /' YesL No_ Based on the above findings, this conditional use should. with stipulations. (copy attached) (should not) be recommended for approval DATE: II -I 9' -' of MEMB~ ó2-:f EXHIBIT A Agenda Item No. 170 December 14, 2004 Page 23 of 131 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6464 The following facts are found: 1. Table 2 of Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: I Yes .l:.. 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: J..:... 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: II il!,:' ¿'il ( ( .\ if )¡, ~ "/~'~</( (~.·I c-~ MEMBER: EXHIBIT A Agenda Item No. 170 December 14, 2004 Page 24 of131 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ~-2004-AJi~64 The following facts are found: 1. Table 2 of Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistenc~the Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes /' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects:. . ~ect 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: I/~~/o./ r I r (..4 c:. ¿ /' ",...,......., EXHIBIT A _._~ - .. -,. . Agenda Item No. 170 December 14,2004 . Page 25 of 131 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6464 The following facts are found: 1. Table 2 of Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consis~y 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 ~n the above findings, this conditional use~ with stipulations, (copy attached) (should not) be recommended for approval . ¡/ 1- ~îr~- . } ,) DATE:Jj, I!I C~ MEMBER: EXHIBIT A :.. ·e '-e Agenda Item No. 17D December 14. 2004 Page 26 of 131 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6464 The following facts are found: 1. Table 2 of Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare. economic or odor effects: ~o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in th~ district: Compatible use within district Yes t/ No t/ ~n the above findings, this conditional use should, with stipulations, (copy attached) ~t) be recommended for approval ~ DATE: II - I '( ~ 001 MEMBER:J14 uÀ .. EXHIBrr A e e !. Agenda Item No. 170 Deceniber 14, 2004 Page 27 of 131 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ~·2004-AJl-6464 The following facts are found: 1. Table 2 of Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property arid proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: J JJ I f 10 1 MEMBE~ ~ ~ EXHIBIT A ..- ------".-.--- Agenda Item No. 170 ~ December 14, 2004 Page 28 of 131 FINDINGS OF FACf BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6464 The following facts are found: 1. Table 2 of Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: co~. ~ the Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: A. Ad@ & egress Yes No_ . C. Affects neighboring properties in relation to noise, glare, economic or odor effects: - No affect or Ll. Affect mitigated by -kJ¥ hù~ _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district (ÇþNO_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval APP(lOWJ) . . DAlE: £I hPJ!o+ I CHAIRMAN: PJ A M , EXHIBIT A ~ ". ··_'_n , - "-ï\\:JI::IIJa lIell No_ 170 December 14,2004 Page 29 of 131 RESOLUTION NO. 04- A RESOLtmON OF nœ BOARD OF ZONING APPBAIS PR.OVIDn-lG FOR TIm BSTABLISHMBNT OF A CONDmONAL USE FOR A SIB-FOOT RBPLACBMBNT GUYBD TOWBR. AND ASSOCIATED FACILmBS IN AN AGlUCULTURAL (A) ZONING DISTRICT PURSUANT TO TABLE 2 OF SBCTION 2.04.03 OF THB COLLIER. COUNTY LAND DEVBLOPMENT CODE (ORDINANCE NO. 2004-41) FOR. PROPBR.TY LOCATED IN SBCTION 3, TOWNSHIP 51 SOUTH, RANGE 26 BAST, COLLIBR. COUNTY, FLORIDA. WHBR.BAS, tho Loøïalatuze of the StIIfc of Florida in Chapter 67-1246, Laws of Florida, amd Chapter 125, Florida SIatutcs. bu coafared on Collier County the power to cstabliah, coordiDatc md CDfon:e zcmiDg md IRICh buaiDeu re¡ulati0D8 IS are neceøøary for the protection of the publici U1d WHBRBAS, the County puIIUIDt thereto bu adopted a LaDd Dcwelopmalt Code (Ordinance No. 2004-41) which includes a Comprcb.enaive ZoniD¡ Ordinance cstBblishiu¡ reguJationa for the zonin¡ ofparticol8r posnpbic dMai0D8 oftbe County, IID10JIg which it tho gnøtingofCmxliIional U-: lad WHEREAS, tho Boud of ZoDÎD¡ Appcalø (BoanI), being the duly appointed IDd CODIItitutcd plllDllÍng board for the area hereby affected. baa be1d a public hecing after DOtice as in said rcgulatiODa mado lad provided, IDd hu CODIideœd the adviaability oftbc conditiollll use for a S 18-foot rcplacemcm guyed tower 8Dd IIIOCiated filcilitiea provided for in Table 2 of Section 2.04.03 of the CollicrCoUDty Laud Dcwelopmeat Code in the Å¡ricultura1 (A) ZœiDg District, on the property hcninafter described, IUd the Collier County PiamDDg Cnm..';H'ion bas fouud as a matter of r.ct (Bxbibit · A") that satiafictory proVÍliOD a:ad lII'nIIIBemcnt have been made concemin¡ all IIpplicable matters required by said regulmOJll IUd in accordaDce with Section 10.08.00 of the Lad Developmcut Code; IUd WHEREAS, 111 ÏDtcmItod pllltica have been givCll opportunity to be heard by this Board in a public m.eetinø _ambled IDd the Board baYiD¡ conaidered all matters presented. NOW, THBREFORB, BB IT .RESOLVED BY nœ BOARD OF ZONING APPEALS OF COLLIER. COUNTY, FLORIDA that: Tho petition tiled by Deborah L. Martohuc, BIq., of Haycl & MIrtohue, P.A. rep........d:in¡ PiaJlllcle ToWCl'l, u.c with reapect to tho property berciuafte:r dcacribcd u: Exhibit "8" IttIIcbed borcto aud ÌDcoJpolat«t by reference herein be aod the AUle I. hereby IppJ'Ovcd for the conditioDal UIC for a SIB-foot replacement guyed tower aDd associated f'açilitica provided for in Table 2 of Section 2.04.03 of the Collier County ,- Agenda Item No. 170 December 14, 2004 Page 30 of 131 Lad Dcvolopmmt Code in tho Agricultural (A) ZcnUD¡ Diltrict, in ICCXJrdImco with tho CoDceptua1 Muter PIaa. (Exhibit flC") anc1lUbject to the following c:oø.ditiona: Exhibit flDfl whil:h ÎI attachod hereto a incorporated by re.ftmu:o henrin. BB IT FURTHER RESOL VBD that this ReIolution be recorded in the miœtca of this BoIn1. TbÎI Rcaolution adopted after motiOJl, .0C0Dd and auper-majority vote. Done this day of . 2004. BOARD OF ZONJNG APPBALS COLLIER COUNTY, FLORIDA BY: DONNA FIALA. CHA1RMAN A TIBST: DWIGHT B. BROCK, CLERK Approved u to Form anc1 Logal Suð:icieDcy: ~m.~ Marjori . Snldeoc Auimnt County Attomey CU-2OOMA~ 2 Agenda Item No. 170 ~ December 14, 2004 . Page 31 of131 FINDINGS OF FACT BY COLUERCOUNTYPL~GCOMmnS&ON FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6464 The following facts are found: 1. Table 2 of Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consi~ the Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offire or catastrophe: Ae & egress Yes No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: - No affect or II Affect mitigated by -kJ¥- hù~ _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district gNo_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval APPflOV{j) . . DATE: ulm/of { CHAIRMAN: QJ A M . EXHIBIT A Agenda Item No. 17D - December 14, 2004 Page 32 of 131 Lepl Deøcrlption of real phi'" con. by Warraui1 Deed ~ Pa1mer Oommun!catioDl, 1110. to,Pinnacle TOWIll, lac. aø or CAPRI . A I;ra($ of)and In U1e Soutbweøt 1/4 of s.tiøn 8. TOWDShip lS18outb, Banøt 26 Eeøt, Co1Iler Coant1, Florida, beiD¡.n or oerIiain tr.. d8lOribeå in 0fIIeIa1 Recorda Book 165, P.,. N aDd 66 or tht deed r8CIOI\iø of aid CoDiIr County, Florida. Said tnd or . land bIins mon particular!1 cltacribed . fo1loWl: CommtnciD¡ at the øouthwut corner of IllÙd SectIon 8;· thønae aloD¡ the WIIti liDt of 88id Sectkm 8 North 00000'18" West, ..89 feet to a OOllC1'lte moDUl118l1t found at .. NortbwIst: COl'J1t1' of a ci.rtI1n trut of 1aDc1 delaribecl .. 'Gtnøra1 TV Traør in said Ofti.eJa1 Records Book 186, Pap 54; thence aJ.onr th. Northerty Jine of IIid "Geœral TV TrMt" and parallel with the South Hut of aaid BeriìOl1 8, South 89°õ2'8on Eut, '199.84 r. to a concrete IDOIU11DInt found fur the POINT 'OF BBGINNINO¡ thence alour the Euter111ine of the land dl8ødbed in laid C>mda11Wcords Book 1M, Pips 54 and 66, South 00°00'16' last, 604:,76 t'eet to aø.1ron pin set in the Northerly right- ~way line of Tower Boad for tiø ~ C!01'D8l' of tract hmrin deIcribed; thence aIon¡ aid Nort:hetJ)r ri¡hHf-way Uœ. the fol1øwfn¡ 1118 (5) ~ (1) South 76°28'40' Wilt, 21.01 teet to an Iron pm. (3) along a C1.11'VØ, conam to the Southeast whole ~ are: central an¡Ie of 69DSO'08', radiaa of 106.00 feet. arc 1. of 108.74 feet and a ehord that beørø South 4&0,"'36" West, 108.94 feet to an. irun pm lit; (3) South 18°04' W Wilt, 183.84 feet to an iron pin Ifi; (4) aIo.Dg . cune, concave to the N01'tihwee\ whole e1emenf1 øre: CIIDtrI1 angle of 74°04'81', radius of 45.00 feet, m 1eD¡th of 68.18 feet and a chord that bears South 63°10'2Ir Weøt, 1U.21 feR to an Iron pin set; (I) North 89°48'115' Welt, 841.90 feet to a concrete moDl11D.ent found at the Southwest corner of a certain Parcell! Q deacrJbed In Rid OfDciaJ Beoorda . Book 166, Page 55; thence along the W.ster]y line or said Parcel'A-, North 00°08'32" . Wut. 178.61 teet to lID. iron pin øt it tbe Northwe~ corner or said Parcel 'A", being also 'in the Southerly be of aid "General TV Traor; thmce along øaid SouiherJ, line North 89°'7'21' Welt 268.79 reet to a conorete monument found at the 8ov.tb.wIøt corner of said 'General TV'l'racr, also bell¡ in the west Un. or said Section 8, beiD¡ aIøo the Southwest comer of said tract hereiII. døecribed; thence aloo¡ said Søctiou Hna. being'aI.eo the Weøtarl1 Hne otaúl "General TV Tract', North 00°00'16" WMt, 71U8 feet to a ooncrete mOl11Jm8D1 found at the NorthWllt eornerohaid AQenera1 TV Trur, beinr aJIo the NorthWMt comer of tbI tract herein deecribed~ thenae along the . Norther11line of said IIQeneral TV Tract" and para1le1 with the South liD, of Aid Section a, South 89°52'30" Eut, 799.84 fe¢ to the POINT OF BEGINNING, EXHIBIT "B" _._--,---~ -.: --... - ......- - Agenda Item No. 17D December 14,2004 Page 33 of 131 - -- a___ --- - I II .1;11 I ¢ ~. 1.11 f' c 'I . r I ~~~ J " i; I - I I' 0 :e - I II --'1" -- I III 91. III- . II ;.1 . I il 1;1 JII bl a I ~II \ 'ÍII ;Ir I !I :, .1 . ... e' ~I! . iI.11 _I C · f I . . I : I : i : i I ¡ I l ~ ~ ~~ I ~ ~ ~~ ~~ i I, II .! ,., II ; I I ., . II, .. ~ i II · .¡ a__. -- -... 111111 l.rI!'~~.H II II ,.1111111111111 í .- 1 II I .. 1111 II i; 1=1111111 ! I I~ ; ~ I' ! III a~ ~ I I I 5 I II I ;1 i ~ I ! Ii I I q J .. I II . . I II iL - I I . I ~I ~H Ui Ii II; ~!I~I. ¡~t¡ ~ li-¡slilll;I;li ; ËIII~lllil!l;J I!II= 11:.111; ", ill rll fit II"· 1; ~;~L,II II II p-I~ I -II .ill· III ~" 0.1. J 'E ell" II ." 1 ~ " " . EXHIBIT "C" ! I' ill I I ..~ u:) ,., lilt I~ · ¡-If f II~ r1e51 ~ ¡. AI ..- ~"--"'--"--'-- Agenda Item No. 170 December 14,2004 Page 34 of 131 Conditions of Approval CU-2004-AR-6464 1. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of the submittal, including Section 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 2004-41). 2. Pursuant to Section 2.03.07 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. Pinnacle Towers Inc., or the current tower owner shall submit a monitoring report to the planning services department director every year on the anniversary date of Board of Zoning Appeals' approval of this petition. The report shall inventory the entities utilizing antennas located on the tower. 4. The term of this conditional use approval shall be for the length of time that the tower is utilized by a federal, state or local governmental user above the 250-foot height level. 5. As part of the health, safety and welfare functionality provided for by the replacement tower, Pinnacle Tower Inc., or the current tower owner shall provide back-up generator usage to Florida Gulf Coast University to facilitate the emergency broadcast services provided for by FGCU National Public Radio. 6. As part of approval of this conditional use, Pinnacle Towers shall submit an Site Development Plan amendment for the expansion of the existing compound to allow for the addition of back-up generators to all users of the telecommunications tower. 7. Pinnacle Towers Inc. shall phase the installation of the northern landscape type "B" buffer with the removal of exotics by Eagle Creek along the same northern property boundary. EXHIBIT "D" .-.~----" --.--.....-. Agenda Item No. 17D Deœmber 14, 2004 Page 35 of 131 GEORGE L. HAYES III DEBORAH L. MARTOHUE KATHIE Jo MALTJ* *ArrORNEY & MBA Hayes & Martohue, P.A. AnORNEYS AND COUNSELORS AT LAw WITTNER CENTRE EAST 5959 CENTRAL AVENUE SUITE # 1 04 ST. PETERSBURG. FLORIDA 33710 MAILING ADDRESS: POST OFFICE Box 14488 ST. PETERSBURG, FLORIDA 33733-4488 (727) 381-9026 FAX (727) 381-9025 WRITER'S E·MAlL ADDRESS: dlmart@tampabay.rr,com August 30, 2004 VIA FEDERAL EXPRESS Ms. Ivette Monroig Zoning and Land Development Review Collier County 2800 North Horseshoe Drive Naples, Florida 34104 , , RE: Conditional Use Application for Pinnacle Towers c/o Global Signal Property Located at 305 Tower Road, Naples, Florida Dear Ms. Monroig: -n1is law firm represents Pinnacle Towers, the applicant/owner of the above-captioned site in the referenced Conditional Use Application. The applicant seeks approval of a 518-foot guyed tower and associated facilities replacing the previously approved and built 524-foot guyed tower and associated facilities that were destroyed by an accident Ot:l.luJy 12,2004. This site was the subject of a previous application for conditional use permit and variance request seeking a second 700-foot guyed tower on the subject property that was denied by the Board of County Commissioners on January 13, 2004. However, the circumstances of the instant application are dramatically and substantially different than the application applied for in 2003 and denied in Ja1~.uary, 2004. Specifically, unlike the denied application that sought to place a second tower on tbe subject property, the instant application is seeking to replace, not add, a tower facility that has been in existence in some form since 1971. Thus, the need for the tower facility is clear and overwhelmingly demonstrated by its continued usage by various broadcast providers, wireless communications providers, as well as the U.S. Navy and U.S. Coast Guard over a period oftime in excess of30 years. The users ofthe former tower remain substantially the same and in the substantially same positions 011 the replacement tower as shown at Tab K of the attached Exhibit booklet. Agenda Item No. 170 Oecernber14,2004 Page 36 of 131 ,~~ Ms. Monroig August 30, 2004 Page 2 of 5 Nevertheless, it is important to note that the replacement tower will provide enhanced capabilities for the U.S. Coast Guard which includes the ability to provide its Rescue 21 Program services to the immediate offshore of Naples and Marco Island. In addition, there will be enhanced capabilities for Florida Gulf Coast University broadcast services on the replacement tower which provides coverage to Marco Island and the surrounding area. The adjustment of the Navy facilities tì'om the former 524-foot level to 500~foot on the replacement tower represents a minimal coverage impact that is being adjusted fortl1rough new antenna technology. Metrocall and Weblink Wireless, a Metrocall subsidiary, providing for two-way radio communications also have enhanced capabilities on the replacement tower. Lastly, the proposed replacement tower provides for two new future collocation opportunities at the 199-foot and 160-foot levels. 111e proposed tower is a replacement of a non-confonl1ing tower in accord with Section 2.6.35.5.1., LDC. The replacement tower is 6-feet shorter in height and therefore does not constitute an enlargement, intensification, increase, or expansion of an otherwise non-conforming use. Thus, as discussed with County Staff on August 17,2004, the applicant is only required to seek a conditional llse approval to construct the replacement tower. The replacement tower will be built to current building code requirements, provide for greater structural capability than the former tower and will provide additional, as well as enhanced communication services, which is in the best interest of public safety, health and welfare. The proposed 518-foot guyed tower is a result of several factors, including height cleared by the FAA, the replacement height needed by existing tenants on the former tower, as well as the U.S. Coast Guard Rescue 21 Program. The application is supported by the FAA determination dated November 14, 2003 that provides clearance for a tower height of 527-leet at the subject property location. The applicant/owner is in the process ofcontirming and renewing that FAA determination and will provide the County such confirmation immediately upon receipt. The property is surrounded to the North by residential and golf course use, to the South with a warehouse and vacant land uses, to the West with residential and golf course use, and to the East with office uses. The subject property has heavy vegetation on the perimeter of the site which will be preserved and act as a natural visual buffer between the proposed replacement tower and surrounding properties. While the replacement tower may represent a visual intrusion to the area, such visual intrusion has existed since 1971, and at times to a greater extent. As a result of the proposed reduced height, the replacement tower represents a lesser visual intrusion that will already have existed since 1971. Residential units within the Eagle Creek PUD were developed subsequent to the development ofthe former tower which was destmyed on .July 12.2004. In fact, it was the construction of the residential units in the Eagle Creek PUD that rendered the original 700-foot guyed tower 110n- Agenda Item No. 17D December 14, 2004 Page 37 of 131 Ms. Monroig August 30, 2004 Page 3 of5 conforming due to the subsequently adopted separation requirements contained in section 2.6.35 of the County's LDC. The former tower was destroyed through no fault of the owner/applicant leaving a significant gap in area coverage for previously provided wireless, radio and broadcast communication services, as well as U.S. Navy and U.S Coast Guard military communications. Allowing the replacement of the tower facility will provide for continued implementation of existing communications services to the coastal area of Collier County and will minimize proliferation of new towers within the 6-mile Effective Radius. It should be noted that the County's LDC directs taller lowers to the agricultural zoning district because generally this type of district is not surrowlded by residential development. In fact, the residential development surrounding this property to the north and west occurred aner the tonner tower was originally approved and built. Section 2.6.35.6.2.3 ofthe LDC requires towers of this size to be located on a minimum lO-acre tract. The subject site is 14.55 acres which represents a 45% increase in the minimum parcel size otherwise required. Thus, the actual size of the property minimizes the impact on surrounding properties by virtue of its size. In add ition, the location of the facility adjacent to a golf course to the north and to the west provides additional butTering between the tower and existing residential units, tituS, further reducing and minimizing the tower's impact on adjacent properties. The fact that the residential development occurred subsequent to the building of the former tower evidences that the replacement tower of lesser height will have no detrimental impact to the public health, safety or welfare nor will it be injurious to adjacent neighborhoods. Finally, the proposed replacement tower is consistent with the Growth Management Plan and will be in compliance with or exceed all applicable requirements of the COWlty's LDC. All of the communication services and programs provided by the users of the tower are centered upon providing public health, safety and welfare to the local and visiting population, including the boating population, which is in compliance with and will further the stated principles of zoning regulations in the underlying legal concepts of the Growth Management Plan. In sum, the proposed tower is intended to replace the existing tower that was destroyed and allow the reinstallation of the existing users, including personal wireless service providers, broadcast providers, two-way radio providers as well as Navy military cOlllmunications and U.S. Coast Guard communications at the same or enhanced level of service on the replacement tower. In addition, the proposed replacement tower will provide additional collocation opportunities for at least two future providers. Accordingly, enclosed please find check #0003309857 in the amount of $4,836.00 representing the Conditional Use Application fee and associated fees including estimated legal advertising fees and: Agenda Item No. 170 December 14,2004 Page 38 of 131 Ms~ Monroig August 30, 2004 Page 4 of5 A. 20 copies of the following: 1) Conditional Use Application; 2) Pre-Application ~otes/Minutes; 3) Plans entitled "Installation of Replacement 518' Tall Guyed Tower" dated August 4. 2004 prepared by FDH Engineering consisting of 10 sheets including: a) Boundary and Topographic Survey (See Sheets C-I, C-2 and C-3); and b) Conceptual Site Plans (See sheets A-2, A-3, and A-4); and B. 4 copies of the Application booklets including the following required documents: 1) Warranty Deed; 2) Owner/Agent and Survey Affidavit; 3) Aerial Photographs I; 4) Trip Generation letter dated August 25, 2004; 5) Boundary and Topographic Survey prepared by Geoline Surveying, Inc. signed and sealed August 24, 2004; 6) Request for No Objection to U.S. Postal Service; and C. (1) CD-ROM containing electronic copies of all plans and supporting documentation as well as diskette containing an electronic copy of the Conditional Use Application. The Application booklets also contain various supplemental documents supporting the Application and the need for this fac:ility, including but not lin'IÍted to, the Shared Use Plan required by Section 2.6.35.5.1., technical engineering data andjllslificalion stalements n'om: I) the U.S. Coasl Guard; 2) Cingular Wireless; 3) Metrocall (Metrocall also owns Web link Wireless); 4) Nextel Communications; 5) Metro PCS; and 6) T-Mobile f/k/a Voicestream PCS. We are also enclosing a letter of interest from Renda Broadcasting in support of the need for the facility as well as historical correspondence to various personnel in Collier County's government soliciting interest by tl~e County to locate any of its communications facilities on the former tower. ll1e applicant/owner is in the process of contacting these same County officials regarding any current interest the County may have in locating any of its communications facilities on the proposed replacement tower and will apprise your Staff of any response when received. We have also included in our submittal package correspondence between the applicant and Comcast evidencing the applicant's attempt to relocate some or all of its facilities, at least temporarily, to the existing Comcast tower. Comcast was unable . to accommodate this request. I Five (5) aerial photographs are required, therefore an additional copy is attached to this cover letter. Agenda Item No. 170 December 14, Z004 Page 39 of 131 Ms. Monroig August 30, 2004 Page 5 of5 On behalf of the applicant/owner, we are seeking Staffs support and recommendation for approval of the enclosed Conditional Use Application to permit a replacement tower at 305 Tower Road, Naples, Florida for the reasons described herein. We thank Collier County Staff in advance for its review and consideration of this application and look forward to working with Staff throughout this process. If you have any questions or need additional information, please do nut hesitate to contact me at (727) 381-9026. We will update and supplement this application, as necessary or appropriate, with any relevant updated or current information in a timely fashion. Please distribute the enclosed plans and documents to each Department for its review. j/ Enclosures Cc: Ms. Bonnie Bowers Ms. Eryn Best Mr. Brett Buggeln Agenda Item No. 17D December 14,2004 Pa'ge 40 of 131 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Commission District P .. R . d CÙ-iÖ04-AR~4--'--'--- Date ehtton ecelve:. PROJECT #2003060041 . DATE: 9/14/04 Planner Assigned: _ MICHAEL BOSI Petition No.: ABOVE TO BE COMPLETED BY STAFF 1 . General Information Name of Applicant(s) Pinnacle Towers. LLC by its Manager Global Signal Services. LLC Applicant's Mailing Address 301 N. Cattlemen Road. Suite 300 o¡ ., City Sarasota State Florida Zip 34232 Applicant's Telephone # 941-308-5215 Fax # 941-308-4115 Applicant's E-Mail Address:bbowers@gsignat.com Name of Agent Deborah L. Martohue. Esq. Finn: Haves & Martohue. P.A. Agent's Mailing Address 5959 Central Avenue. Suite 104 City St. Petersburg State Florida Zip 33710 Agent's Telephone # 727-381-9026 Fax # 727-381-9025 Agent's E-Mail Address:dlmart@tampabay.rr.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4114103 - ,- ..--. COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Agenda Item No. 17D _ December 14, 2004 Page 41 of 131 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: N/A Mailing Address City State _ Zip Name of Civic Association: N/A Mailing Address City State _ Zip 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address N/A Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL lJSE - 4/14/03 Agenda Item No. 170 December 14, 2004 Page 42 of 131 . 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 David Grain. President William Freeman. CFO Ronald G. Bizick, EVP Greerson McMullen Tom Guard, Treasurer Camille Blommer. Controller Percentage of Stock o o o o o o 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 N/A Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name ofthe general and/or limited partners. Name and Address N/A Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address N/A Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 170 December 14, 2004 f. If any contingency clause or contract terms involve additional particfs?9fisP Hl131 individuals or officers, if a corporation, partnership, or trust. Name and Address N/A g. Date subject property acquired (X) leased ( ): Term of lease yr.lmos. June 16. 1997 If, Petitioner has option to buy, indicate date of option: N/A and date option terminates: , or anticipated closing date 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 011 his behalf, to submit a. supplemental disclosure of interest form. 3. Detailed lee:al description of tbe property covel'ed bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shaH submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) i[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: 3 Township: 51 Range: 26 Lot: Block: Subdivision: N/A Plat Book Page #: Property 1.0.#: 512603006. 00 16B03/00724360000 Metes & Bounds Description: See attached Legal Descriµtion 4 . Size of property: 800 ft. X 891 ft. = Total Sq. Ft. 633.798 Acres 14.55 5. Address/eenerallocation of sublect property: 305 Tower Road. Naples. Florida NW Intersection of US 41 and SR 951 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 6. Adiacent zonin2 and. land use: Agenda Item No. 170 December 14. 2004 Page 44 of 131 Zoning Land use Residential and Golf Course /~fJ4.. C/LLfC fuß Warehouse & Vacant N PUD S C-3 & A E nT . "1'':- :!!- A Office Residential and Golf Course /e-~/L L.r~ fu W POO Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: N/A Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: 7. Tvpe of Conditional Use: This application is requesting conditional use # 2.6.35.6.2 of the --Â- district for (TYPE OF USE) 518-foot replacement guyed tower and associated facilities Present Use of the Property: prior existing 524-foot guyed tower destroyed July 12,2004 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). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 17D December 14,2004 a. Describe how the project is consistent with the Collier County Land Developth~r~d'é 131 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 conditional use request for a proposed 518-foot replacement tower is consistent with the Growth Management Plan and in compliance with the LDC. The proposed tower is a replacement of a prior approved and built tower that will be utilized to continue to provide wireless and broadcast services. two-wav radio communications. as well as military and other communication services provided by the US Coast Guard. including rescue capabilities. All of the services and programs are centered upon providing public health. safety and welfare to the local and visiting population. including the boating population. Therefore. such services are in compliance with and will further the stated principles of zoning regulations and the underlying lee:al concepts of the Growth Management Plan to be in the best interest of public health. safety and welfare. 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 egress to the site will be provided through Tower Road with access to the site via gravel and broken pavement drive that is 12 - feet wide. The access drive off Tower Road is a private driveway maintained bv the owner/applicant. Collier Boulevard is apµroximatelv 2.000 feet to the east of the access point on Tower Road. Access to the site is controlled bv a locked gate that is setback from Tower Road to allow trucks to pull off the road and not block traffic on Tower Road. Emergencv Services have been provided keys to access the site. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare. economic impact and odor: The proposed 518- foot replacement tower should have minimal impact on neiehborine: 'Properties since it is replacing a 524-foot tower that has been in existence since 2001. and prior to that. the tower was 700-feet in height for 30-years. from 1971 - 2001. The proposed replacement tower is an unmanned facility that does not create any glare. adverse economic impact or odor. and creates de minimis noise. This is an urunanned facility which has no impacts on infrastructure and the only noise generated will be from the air conditioners and emergencv generators associated with the accessory buildings. The noise generated will be mitigated due to the size of the 14.55 acre parcel and the distance from the base of the tower to the neighboring property lines which is further buffered bv a golf course to the north and west. The proposed tower will not have any negative impact on the economic value of the neighborine: properties since the surrounding residential development was constructed subsequent to the construction of the previously existine: tower and therefore. any perceived nee:ative impact would have prevented such properties from developing into the successful residential conimunities that exist today. Any FAA required lighting on the proposed 518-foot replacement tower will have lesser impact than the original 700-foot tower built in 1971 that was subsequently reduced to 524-feet in 2001. due to its lesser height. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE-4fI4fOJ -..--------.. Agenda Item No. 17D December 14,2004 Page 46 of 131 d. Describe the site's and the proPosed use's compatibiJity with adjacent properties and other properties in the district: The subject property has been the location for a 700-foot guyed broadcast tower since 1971. The prior existin~ 700-foot tower was subseauently lowered through SIP-00-AR-I054 to 524 - feet in 2001. The residential development that currently exists adjacent to the property was constructed with the aforedescribed.tower at the approximate location of the proposed replacement tower. The proposed replacement tower will present a visual intrusion. however. súch visual intrusion is no greater. and in fact. constitutes a lesser intrusion. than the previously built 700- foot guyed tower that existed since 1971 through 200 1. The existing heavy natural vegetation surrounding the parcel as well as the existing golf course to the north and west will act as a natural buffer and minimize any perceived visual intrusion. The adiacent golf course to the north and west significantly increases the buffer between the proposed replacement tower and residences in the Eagle Creek PUD. e. Please provide any additional information which you may feel is relevant to this request. The proposed facility is a replacement facility for a tower that was in existence for over 30 years providing Navy military communications. U.s. Coast Guard communications. broadcast services. two-way radio services. and personal wireless communications services. The replacement tower will be used by the US Coast Guard to provide enhanced emergency communications under its Rescue 21 program. The Rescue 21 program is fully described in the enclosed materials. (See Tab L.l of the Exhibits attached), The proposed tower requires the location of antennas at a sufficient heÎlizht to maintain and allow the continuous coverage of wireless communications and broadcast services for (4) personal wireless service providers. (1) broadcast service provider. (1) two-way radio service provider. as well as the Navy and the US Coast Guard communications operations. The applicant has attached former and replacement tower tenant charts analyzing the services and height levels for each of the tower users on the previous 524-[00t tower compared to the new 518-foot replacement tower. (See Tab K of Exhibits attached). The replacement tower will meet current building code requirements and provide two additional spaces for future wireless providers. In addition. RENDA Broadcasting has expressed an interest in leasing the 318-foot and 300-foot levels one of the two new available spaces. Currently. the replacement tower leases to 4 of the 7 south Florida market PCS wireless providers and will have 2 future spaces available to potentiallv capture 6 of the 7 market providers which clearly demonstrates the need for this replacement tower as well as its ability to reduce the proliferation of towers within the 6-mile Effective Radius. In addition. to providing communication services to the land population. the "roposed tower will enable communication services to be provided along the Naples/Collier County shoreline to the boating population. The applicant has contacted the County in the past and intends to contact the County's Director of Emergency Operations to detennine whether or not the County has a need for this location and whether or not the proposed tower can accommodate those needs. The applicant will update its application. if appropriate. with any future infonnation in this regard. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 170 Oecernber14,2004 9. Deed Restrictions: The County is legally precluded from enforcing deed re~~íb1~! 13t however. many communìties 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 oetitions on the sublect orooertv: 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. January 13. 2004 V A-2003-AR-4525 and CU-2003-AR-4524 were denied. The request was to permit a second 700-[00t guyed tower on the subiect oropertv. the request was reduced to 527-feet and the amended request was denied. II. 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; Attached. b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPe]; Attached. · 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], · locations of solid waste (refuse) containers and service function areas. · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site). · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character. and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). Requirement waived. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 -" Agenda Item No. 17D December 14, 2004 Page 48 of 131 d. 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 Fonns Classification System. Attached; See Tab G. e. Statement of utility provisions (with all required attachments and sketches); N/A - Unmanned facility. f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; TIS waived; TRIP Generation Letter attached, see Tab H. 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); Requirement Waived. h. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal pennits. None. 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 tbe Board's final action on this . item, please remove all public hearing advertising sign(s) immediately. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 170 Oecernber14,2004 Page 49 of 131 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST 1. NAME OF ArPLICANT: Pinnacle Towers. LLC bv Global Si2nal Services. LLC its Mana2er 2. MAILING ADDRESS: 301 N. Cattlemen Road Suite 300 CITY Sarasota. Florida ZIP 34232 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 305 Tower Road. NaDles. Florida 4. LEGAL DESCRIPTION: Section: 3 Township: 51 Range: 26 Lot: N/A Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: 5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM N/ A D b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM D PROVIDE NAME d. PACKAGE TREATMENT PLANT [] (GPD capacity) e. SEPTIC SYSTEM D 6. TYPE OF WATER SERVICE TO BE PROVIDED: N/ A a. COUNTY UTILITY SYSTEM D b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM D PROVIDE NAME d. PRIVATE SYSTEM (WELL) D ArPLICA TION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 17D December 14, 2004 Page 50 of 131 7. TOTAL POPULATION TO BE SERVED: N/A Unmanned Facility 8 . PEAK AND AVERAGE DAILY DEMANDS: NI A 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: 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 effiuent 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 pennits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statelltent RJM J Òfl7197 APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 -----.-..--- CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH PACKET! Agenda Item No. 17D December 14,2004 Page 51 of 131 APPLICATION REQUIREMENTS #OF NOT COPIES REOUIRED REOUIRED 1. Completed Application 20* V 2. Copy of Deed(s) and list identifying Owner(s) and all 2* V Partners If a Corooratlon 3. Completed Owner/Agent Affidavits, Notarized 2* vi' 4. Pre-application notes/minutes 20* V 5. Conceptual Site Plans (Including (1) 8-112 X 11 copy) 20* ~ 6. Environmental Impact Statement - (EIS) 4 ./ 7. Aerial Photograph - (with habitat areas identified) 5* ./ 8. Completed. Utility Provisions Statement (with required 4 N/A attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 VI 10. Historical & Archaeological Surveyor Waiver 4 V Aoolication 11. Copies of State and/or Federal Permits 4 -;7 12. Architectural Rendering of Proposed Structure(s) 4 V 13. Application Fee = 54000 - Comprehensive Plan Consistency Review = 5300 ~ Fire Code Review Fee = $150 Check shall be made payable to: Collier County Board of Commissioners 14. Electronic copy of all documents and plans 1 V 15. Letter of no objection from the United States Postal 1 v' Service 16. Other Requirements - · Documents required for Long-Range Planning Review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this subnùttal p ge. I understand tha lure to include all necessary subnùttal information may result in the delay ofproces 'ng 0 ~J3C> JD i t Daté 1 TIS Requirement waived. Trip Generation Letter requested and attached. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 .' ..._--_...~,. Agenda Item No. 17D --. ---ÐeGember.14, 2004 CU-2004-AR-6464=>age 52 of 131 . PROJECT #2003060041 DATE: 9/14/04 MICHAEL DOSI CONDITIONAL USE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date: ¥ - tl-O'1 Time: l '. \5' Planner: t-I\ ~ \,( t 15., j ; Project Name: 't\........,.,..\ / Tù '-'C.......s 'Q. .hJ : \ck Project AddrlLocation: 30...5 To~u 1{d-. ot Applicant Name: U0ð,.,.l., ('~ c",.\-¡)\.\Vt Phone: Firm: Type of Petition: Cù "J..'\-H~. I. v~ l.. Current Zoning: A~ Owner Name: ":?\ f")nr..c\( ':\OlJc.r~ Owner Address: ') 0 \ AJ (' -+t\. ""'ð, 1(,,__1 Phone: '1 ~ I - T::>K 0115 Meeting Attendees; . ,Jlc t{ GtÁ}4 f.-n¡J {,. v/¡J,<J I r ~DA- ~ J'o-tJ SUBMITTAL REQUIREMENTS: ~ 20 copies of Application, completed o (1 additional set if located in the Baysbore!Gateway Triangle Redevelopment Area) [5a One (1) Addressing Checklist signed by Addressing Dept . /XI 20 copies of Pre-application meeting notes 00 20 copies of Conceptual Site Plan 24" X 36" plus (one 8 Y2 X II copy) ~ ~ Two (2) Copies ofDeed(s) Completed Owner! Agent Affidavits, Notarized Four (4) Environmental Impact Statement (EIS), or waiver. - ~ 1 ~. ~ o o ~ ~ þ(j Five (5) AerialPhotographs (taken within the previous 12 months) . Statement of utility provisions (with all required attachments & sketches) Agenda Item No, 170 December 14, 2004 Page 53 of 131 SC"t'~n (7) Traffi~ Impact ~tateæ'Rt (TIS), er v,'fti. ~r -1 ¡t It? G ("lv~'W t"J../ Four (4) Historical and Archeological Survey, or waiver Copies of State and/or Federal Penn its Four (4) Architectural Rendering of Proposed Structure(s) Electonic copy of all documents and plans (CDROM or Diskette) Letter of no objection from the United States Postal Service. Contact Robert M. Skebe at (239) 435-2122. Pre-application Fee $500.00 (to be credited toward application fee if application filed within 9 months of meeting) f2?J Fees: $4,000.00'" ~ $150.00 $300.00 $681.00 $205.00 0 $1,600.00 OTHER REQUIREMENTS: D o D D Application Fee Fire Code Review Comprehensive Planning Consistency Review Estimated Legal Advertising Fee - CCPC Meeting Estimated Legal Advertising Fee - BCC Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Dailey News). EIS Review, if required "'$1500.00 if filed in conjunction with a rezone petition NOTES: 1i111,..-fA;" &t-ft, 5e'¡'a~,.{ tp Ij/(,L./ 5-'9 f¿ 4 c(.¿ ~') .It!,f1 W" ~;-~~~n.~~:0:h;~~ N~bJrA~ ~tf'n1aA'rr C~hofL\ ç\k" IG, t¡l,tt¡vjp. I S 'f.) n~\~.tf.J 1" rt \ l....w't 5,",v,"",_ År"-£A ('111"'\ LO~rff..r.(''''J "'í"",---\, ^L ).l(.~~/, 5h.,...\.1 'oL .f\^"J ",( ~..~ ~'v\I¡,.,.._". I.....J~ \( ~...\ Y. -h. ~JA-"'1 ç;~....... .boJ~ O_I\Å r..~'t.L~ Agent/Owner Signature Date: 2 Agenda Item No. 17D December 14, 2004 Page 54 of 131 ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will aDply to everv Droject. Items in bold type are required. 1. L~al description of subject property or properties (copy of lengthy description may be attached) P\ectq,e 3ee a..ttar\nf>d Ex:h'.h;t A -\-0 lAhrYlLn~ Ì)~~ 'KerQvr1~d QA- v ' , o to.. "Br.r,k ~~';¡4- ~f'. ~ì . 2. Folio (Property ID) num er(s) of above (attach to, or associate with, legal description ifmore than one) ~ì;J,\-'3lDÛ"YV'\ UÙ<;O \',,*ed "Y) lAYLwtJ 1'\~\ \Feci) 3. Street address or addresses (as applicable, if already assigned) 30;:; Tnu', ("'JV Ymn I ~ p\~. F\Mnda.. 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 UNPLA TIED PROPERTIES) 6. Proposed project name (if applicable) NIA 7. Proposed Street names (if applicable) NIA 8. Site Development Plan Nwnber (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) DSDP A (SDP Amendment) o SDPI (SDP Insubstantial Change) D SIP (Site Improvement Plan) D SIP A (SIP Amendment) o SNR (Street Name Change) D VegetationlExotic (Veg. Removal Pennits) IEJ Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) o Other - Describe: 10. Project or development names proposed for, or already appearing in, condominiwn docwnents (if, applicable; indicate whether proposed or existing) N \ A o PPL (Plans & Plat Review) o PSP (Preliminary Subdivision Plat) o FP (Final Plat) o LLA (Lot Line Adjustment) o BL (Blasting Permit) o ROW (Right-of-Way Permit) o EXP (Excavation Permit) o VRSFP (Veg. Removal & Site Fill Permit) 11. Please Check One: ~ Checklist is to be Faxed Back 0 Personally Picked Up A~'. ~ 'fv\CL\40\w(. å 12. Applicant Name \'1V'\V'\o..c..\ e. 'Tn. DeNS .'IV'\(' . Phone 'ldl- ~?I- 90ato.. Fax ì;n - 3S?1- 'b;x; 13. Signature pn Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by t1)e Addressing Sect;on. FOR ST AFFÌ USE OI1L Y , Primary Nwnber ïJï5 \ Ad4ressN~ber ' (~ Çk Address Number Address Number Approved b '. . m c. ... ~ 7 -d.-7 -ð If Revised 3 -2l-0 1 . . - - e. . - .--- ~ -... " . ~(///l~~~l 2197387 OR: 2324 PG: 3247 UCOIDU 1a onxem DœIDI of CUW,III covm fl. 0"2J/17 at 02:5111 IlIGIf I. IIDCI, CllII r co.. 15000.00 DC n. U.5e DOC-.?' 105.00 WARRANTY DEED (1889.02 FIa. Stat.) UbI: TBJS INDENTURE, made as of the I,,.fj daylO~UD ¡DIm of June, A,D. 1997, between PALMER' 010135.2 COMMUNICATIONS INCORPORATED, a Delaware" WDIIDAJ.I .. 31701 corporation, having a business address at 1535 Linden Street, Suite 201, Des Moines, Iowa 50809, hereinafter referred to as party of the first part, and PINNACLE . TOWERS, INC., a Delaware corporation, hereinafter referred to as party of the second part having a business address at 1549 Ringling Boulevard, 3rd Floor, Sarasota,' Florida 34286-the Federal tax identificatioll number of which is teF o~7tt( ~ . WITNESSETH: That the said party of the first part, for and in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00), and other valuable consideration, to it paid by the said party· of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and Bold to the said party of the second part, their heirs and assigns forever, the following described land, to wit: SEE I4~XHIK1T "AI' A'ITACHED JDmETO AND INCORPOBATED HEREIN BY THIS REFEBENCE [Property Appraiser's Parcel Identification Number: 0000000724860000]. AND the said party of the fl1'st part does hereby fully warrant the title to said land, and will defend the SaIne against the lawful claims of all persons whomsoever, except those matters more particularly identified in EXHmIT "B" attached hereto and incorporated herein by this reference. [SIGNATURE PAGE FOLLOWS] PREPARED BY AND RETURN TO: Ha_ Duv.]], m HoJ...L.AND Ie KNIGHT Ltd' P. O. Box 8M2 St. Pe~rlbu:g, FL 38731 06'11/117 (11:1IOpIIt)ItM or c.pri I . . - > - . . . Signed, sealed and delivered in the presence of: WITNESSES: ~i.~ Print Name: ßrre"ail- B. t:L.4elR- .~1L /J r~~ ..- ....... Print Name: Æ 'T..J'~,^ r, 'tdl'-,'rll'S' STATE OF FLORIDA COUNTY OF La;: A~nda Item No. 170 OR: 2324 I'~P1t~~t~~1 PALMER COMMUNICATIONS INCO~ORATED, a Delaware corporation "Party of the fJ.rSt part" By: ardon A. McCollum. Vice President Address: 1585 Linden Street, Suite 201 Des Moines, Iowa 50~09. ;'. . ,~\or~,,:' (AFFIX CORPORATE, s.~";'" ~"'~ ~ ~~'.-' ...... -..j \ ." :-; ... .....\. _.. ~...... V . .__~" .1 _ ~. ~ : \.-\oJ ~ ~'" ....: ~ ~....;;,... ';, ::':'.", '.. '';' I I't ..... '.". '" :. ~ ,..,, I'" . "'. ",. ~~. ...-:,.'''''..;...... \1,.":\' ". ~;" .. ............:.. . .r¡/;.¡ ,)1,) . The foregoing instrument was acknowledged before me this 17-1ft"dsŸ':or June, 1997, by GORDON A. McCOLLUM, as Vice·President. of PALMER COMMUNICATIONS INCORPORATED, a Delaware corporation, on behalf of said corporation. (S)He is perøonalIy known to m~ or presented as identification. ~ ~~~EZ~~ (NOTARY SEAL) STI'-160521.1 NOTARY PUBLIC Commission Number: My Commission Expires: WEND! L. WIEZVCIO NotarY PI.tJIC ... OI'RoddCI Mr COhl\1INIcr\ ~ Ju111.1D£D C\""....... t CCII63MI 2 DaI1IWT (It:aOpz\l)¡tllo of Capri I - - --... ~. ..... OR: 2324 WicdMiw 1~~·21~~ '~57 of 131 EXH.1Bfr "A" Legal Description of real property conveyed by Warranty Deed from Palmer Communications, Inc. to .Pinnacle Towers, Inc. IS'·R OF CAPRI A tract of land in the Southwest 1/4 of Section S, Township 51 South, Range 26 East, Collier County, Florida, being all of certain tracts described in Official Records Book 165, Pages 54 and 56 of the deed records of said Collier County, Florida. Said tract of land being more particularly described as follows: Commencing at the southwest corner of said Section S; thence along the West line of said Section 8 North 00°00'15" West, 920.69 feet to a concrete monument found at the Northwest comer oC a certain tract of land described as "General TV Tract" in said Official Records Book 165, Page 54; thence along the Northerly line of said "General TV Tra~1 and parallel with the South line of said Section 8, South 89°62'30" East, 799.84 feet to a concrete monument found for the POINT OF BEGINNING; thence along the EasterJy line of the land described in said Official Records Book 165, Pages 54 and 66, South 00°00'15" East, 604.76 feet to an iron pin set in the Northerly right- of-way line of Tower Road for the Southeast corner of tract herein described; thence along said Northerly right-of-way line, the following five (5) courses: (1) South 75°26'40" West, 21.01 feet to an iron pin set; (2) along a curve, concave to the Southeast whose elements are: central angle of 59°20'09", radius of 105.00 feet, arc length of 108.74 feet and a chord that bears South 45°44'36" West, 103.94 feet to an iron pin set; (3) South 16°04'49" West, 183.34 feet to an iron pin set; (4) along a curve, concave to the Northwest, whose elements are: central angle of 74°04'31", radius of 45.00 feet, arc length of 58.18 feet and a chord that bears South 58° 10'20" West, 64.21 feet to an iron pin set; (5) North 89°48'15" West, 841.90 feet to a concrete monument found at the Southwest corner of a certain Parcel "A" described in said Official Records Book 165, Page 55; thence along the Westerly line of said Parcel "A", North 00°03'32" West, 178.61 feet to an iron pin set at the Northwest corner of said Parcel "A", being also in the Southerly line of said "General TV Tract"; thence along said Southerly line North 89°47'21" West 268.79 teet to a concrete monument found at the Southwest corner of said "General TV Tractll, also being in the West line of said Section 3, being also the Southwest corner of said tract herein described; thence along said Section line, being also the Westerly line of said "General TV Tract", North 00°00'16" West, 712.28 feet to a concrete monument found at the Northwest corner of said "General TV Tract", being also the Northwest corner of the tract herein described; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89°52'30" East, 799.84 feet to the POINT OF BEGINNING. 08(111/97 W:5Opø)JIoIao of Capri - 9. " -- -) e , . .. Agenda Item No. 17D December 14. 2004 Page 58 of 131 IC~X H I HIT "B" Permitted Exceptions in Palmer Communications Incorporated Warranty Deed to Pinnacle Towers, Inc. 1. 2. Taxes and assessments for the year 1997 and subsequent years, Oil, gas and mineral rights reserved to previous owners of the fee simple title to the Land described herein. ,. "' No ~ ~ c...> ~ ..,.., ëg .. c.....> . I"'..> c..n c:> "' .. .. 3. 4. Rights of tenants under valid unrecorded leases. Chain LiJ:Jk Fence encroachments along the southwesterly, wester]y, northerly, and easterly boundaries of the land as shown on the survey last dated June 10, 1997, prepared by A. Trigo & Associates as File No. C 89 2893.1. 5. Retention pond encroaches onto adjoining property alODg the easterly boundary o.f the land as shown on the survey last dated June 10, 1997, prepared by A. Trigo & Associates as File No. C 89 2893.1. . *8117 (~Io otc.pñ Agenda Item No. 170 December 14, 2004 Page 59 of 131 (i) AFFIDAVIT WelL ~ ~GGe:,"", being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information. all sketches, data, and other supplementary matter attached to and made a part of this' application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Hayes & Martohue, P.A., Deborah L. Martohue, Esq. to act as our representative in any matters regarding this Petition. ~er Signature of Property Owner f1,ter bJ.(3)G~ TypedorPrin~dNameofOwnu fDIINAG(..E ø..uJl£So u..'é.. b1: 6loJ,,"- n:6~M. SIf1'.IJ,Ct.e'Þ t.,Lc.. ::rr»: MA1tJ Pdi:oE'L Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 11-#1 day of A\Á9usf- ,2004, by 13r!1t Î3UC¡C¡e./1"I who is personally known to me or has produced as identification. ~¡1¡~ Stdte oj Florida oj County oj Sarasota (Signature oj Notary Public - State Florida) 'BoN l'J IE. Be wE. ~S (Print, Type, or Stamp Name of Notary Public) Commissioned ~ BONNIE BOWERS .'Notary PublIc . Slate 01 Florida ~ cMvCa,.,IIIIb,ecpNa~3.2007 -....4: " Commlsllon # DD199558 "'''' Agenda Item No. 17D December 14, 2004 Page 60 of 131 AFFIDA VIr We/I, ~flet" ~ beingflrst duly sworn, depose and say that well have provided to the surveyor sufficient information to allow an accurate depiction of the information on the survey. ~ner Signature of Property Owner 'B.t.r b\AG.6E\.iJ Typed or Printed Name of Owner '-rN~Ar..c..fJ TOIAJ\rU L.&..<!. ftf~ 6t.oøl\'t. ,3:G.NÞct. 76't~cn t,..(..c:... :rrs.! MÞsNAG.u.. Typed or Printed Name of Owner State of Florida of County of Sarasota The foregoing instrument was acknowledged before me this ~ day of A~qu s..1- , 2004, by ß(f -tt 13IlCjqe.. {,., who is personally known to me or has produced as identification. ~~~$" (Signature of Notary Public - State Florida) Commissioned 'BoN I\.h~ '& uJEES (Print, Type, or Stamp Name of Notary Public) ... . BONNIE BOWERS NofaIy PubIc - stat. of FIortda . . COh..,......EIt:DIIp'3.2007 . Commllllon # DDl995M · Federal Aviation Administration Southern Regional Office 1701 Columbia Avenue-ASO-520 College Park, GA 30337 Agenda Item No. 17D Aeronautq~~J~t~· 2004 -ASO- 48 9ßQ.~~ Prior Study No. 2003-ASO-2903-0E ../" ....... ... "--.- Issued Date: 9/14/2004 SDP-2004-AR-6661 PROJECT #1003060041 DATE: 10/19/04 MICHAEL DOSI Janis Merritts Pinnacle Towers 301 N Cattleman Rd, Suite 300 Sarasota, FL 34232 ** DBTERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Location: Latitude: Longitude: Heights: Antenna Tower Naples, FL 26-3-11.32 NAD 83 81-42-10.4 527 feet above ground level (AGL) 531 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does exceed obstruction standards but would not be a hazard to air navigation provided the following condition(s), if any, is (are) met: AS a condition to this Determination, the structure should be marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 AC 70/7460-1K Change 1, Obstruction Marking and Lighting, paint/red lights - Chapters 3 (Marked) ,4,5(Red) ,&12. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency (ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. This aeronautical study included evaluation of a 527 foot AGL structure that exists at this time. Action will be taken to ensure aeronautical charts are updated to reflect this existing height and the most current coordinates/ elevation as indicated in the above description. Page 1 ·... Agenda Item No. 170 . O~cember 14 2004 If we can be of further assistance, please contact our off~ce at (404)3~~~8~131 On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2004-ASO-4890-0E. ~~i~_~~~~:~~~ Control No: ,~~:~~~~~~:~?~~~I Cesar I Perez Specialist Attachment(s) Case Description Frequency Data (EBO) cc: NACO w/map 10-0212 Page 2 ---.-.- , .... Case Description for ASN 2004-ASO-4890-0B Page 3 Agenda Item No. 17D . December 14, 2004 Page 63 of 131 - Frequency.Data for ASN 2004-ASO-4890-0B Agenda Item No. 170 December 14,2004 Page 64 of 131 .... .""'" LOW FREQUENCY HIGH FREQUENCY FREQUENCY UNIT BRP ERP UNIT 935 940 MHz 1000 W 1945 1950 MHz .5 KW 929.6625 0 MHz 1 KW 1975 1990 MHz .283 KW 929.0125 0 MHz .639985 KW 931.2125 0 MHz .639985 KW 929.7375 0 MHz .639985 KW 433.1 0 MHz .5 KW 420 450 MHz .5 KW 851 865 MHz .5 KW 806 821 MHz .5 KW 1850 2699 MHz 1. 64 KW 91. 7 0 MHz .025 KW 929.7125 0 MHz 1 KW Page 4 ..--.- Agenda Item No. 170 December 14,2004 Page 65"of 131 Former Tower Map Level T INRt 524 NAV FAC ENG COM 516' CINGULAR INTERACTIVE, loP. 448' U.S. COAST GUARD 309' WEBUNK WIRELESS I, LP, A TEXAS LTDPART 3D5' WEBUNK WIRELESS I, LP, A TEXAS LTO PART 250' CINGULAR WIRELESS LLC 235' NEXTEL COMMUNICATIONS 220' METRO PCS CALIFORNIMlORIDA, INC. 199' WJG MARITEL 190' METROCALL. INC. 17S' VOICESTREAM PCS 125' FlORIDA GULF COAST UNIVERSITY I WGC\J..FM 8T FLORIDA GULF COAST UNIVERSITY I WGCU.fM 7S' FLORIDA GULF COAST UNIVERSITY I WGCU.fM 15' WEBUNK WI~LESS I, LP, A TEXAS L TO PART 5' t.ETROCALL, INC. ....-----. Agenda Item No. 17D December 14,2004 Page 66 òf 131 Proposed relocated antennas Level Tenlnt 518 U.S. COAST GUARD 516' CINGULAR INTERACTIVE, L.P. 500 NAV FAC ENG COM 475 U.S. COAST GUARD 448' U.S. COAST GUARD 435 U.S. COAST GUARD 340 FLORIDA GUlF COAST UNIVERSITY I WGCU-FM 318 RENDA BROADCASTING OF NEVADA 309' WEBLINK WIRElESS I, LP, A TEXAS LTD PART 3OS' WEBLINK WIRELESS I, LP. A TEXAS LTD PART 300 RENDA BROADCASTING OF NEVADA INC. 275 FLORIDA GULF COAST UNIVERSITY I . WGCU-FM 250' CINGULAR WIRELESS LLC 240 NEXTEL COMMUNICATIONS 22JJ METRO PCS CAUFORNIMlORIDA. 200 NAV FAC ENG COM 199' FuI\I'e 190' METROCALL INC. 17S' VOICESTREAM PCS 160 Futun! ~ I Iii n I ~ I h I !¡ill!:j ! en I I I II I ~ i ~ ~ I jll!!I!! L_- ~¡I al~ II I ;MI II H a B; ~I III I II I ..-- .17D December 14 2004 . Page 67 f 131 ïll;l;iilil~;1 lu1111i:1 !IIIII m! I~;IIII':III GII 11"'1 IIII.¡ I II 1=81'llhll IIi:i· ï t I I Iii i I I I I I lšlSI;1 I a'" II. III: I P :.¡ I I IS:J!)C" I III! III II e!. XlIUI IIn "i l'g il ill PI I - . Agenda Item No. 17D December 14, 2004 Page 68 of131 U.S. Department O~. Homeland Security United States Coast Guard Commandant (G-AND) Unit.d States COlli' Guard 2100 Second Street, S.W. Wa.hlnglon. DC 20593.0001 Slaff Symbol: G-AND room 4608 Phon.: (202) 267·1669 Fax; 1202) 4!13-7D02 EmIl: kmarien@comdt.uscg.mn 16475 July 30, 2004 Ms. Donna Fiala Chainna~ Board of County Commissioners ColHer County Government 3301 E. Tamiami Trail Naples, FL 34112 Dear Chairman Fiala: As you may be aware, the U. S. Coast Guard is in the process ofmodemizing and replacing its maritime search and rescue communications system in the State of Florida as part of a nationwide initiative. The new equipment will serve to fiLt in existing covcïdge gups in VHF-FM marine communications used for Coa.<;t Guard operational missions including search and rescue, maritime law enforcement, maritime pollution prevention and response, and homeland security. In order to provide you with information on the Coast Guard's plans to improve our communications system along the Florida Gulf Coast, I believe it will be beneficial to recap the Coast Guard's efforts to date, in light of the recent colInpse ofthe Global Signals Inc. conuuunications tower in Collier County: a. In 2002, members of my project stafT and General Dynamics Decision Systems (GDDS) engineers visited existing and potential communications sites along the Florida Gulf CODst with the goaI of making recommendations to improve the Coast Guard's present Florida Coast communications system. GDDS is the Coast Guard's systems integration contractor responsible for conducting engineering studies under the Coast Guard's "Rescue 21" contract. b. In order to minimize effects on the environment, the Coast Guard seeks to collocate its VHF-FM, UHF, and direction finding antennas on existìng government or commercially owned communications towers, whenever those sites will meet the operational and fmancial interests of the U. S. Govenunent. c; Rather than build a new, Coasl Guard owned tower in Collier County, we had planned to collocate our transmitting and receiving antennas on u 520' guyed tower located on Tower Road, Isle of Capri, Florida, which was owned by Global Signal Inc., (formerly Pinnacle Towers, Inc.). The Coast Guard hud been using this tower as part of our legacy VHF-FM system to provide search and rescue communications to local boaters. -_._~._- -", ,-".- ,". "'__'_~"--_'''''__'__._-''''''''''-_.-_.,....._._..- -- ,...-...-..-. _.__..._~_._~---~---_.__._... .",......... ..........--"....-. .. ~.. .., -... -"- -----. Agenda Item No. 17D December 14, 2004 16475 Page690f131 July 30, 2004 d. On July 13, 2004, the Global Signal Inc. tower was destroyed as a result of a fire and subsequent collapse. The Coast Guard has temporarily relocated its legacy system antenna to another commercially owned tower in Bonita Springs. Unfortunately, the Bonita Springs tower will not meet the additional equipment needs for our new antennas or provide the radio coverage requirements tor lþe Rescue 2 t project. The Coast Guard requests that Global Signal Inc. be allowed to expeditiously rebuild its tower on Tower Road, Isle of Capri, to ensure the Coast Guard can build the very best, cost effective, and environmentally responsible search and rescue communications system for the American public. Additional information on the Coast Guard's Rescue 2 J project can be obtained ftom our public affairs web site al www.uscu..mil/rescue21. Should you desire any further clarification or information on the Coast Guard's Rescue 21 project, please contact my Area Manager, LT Alonzo Cliatt, at (202) 267-1542. Sincere} , f:4&L!oUMd D puty Project Manager, Rescue 2 I By direction - Copy: Mr. Joseph Schmitt, Community Development & Environmental Services Mr. Mike O'Hara, General Dynamics Decision Systems ..---------,_.._--,....._~----p--,---- _.._-----..--..._--p._~ ..-.-. - ..-..-....-.----.--..-.. ..... ..........__...p.... I~ ~ ~1If § 5!111 ~ JU ~ I~~ ~ If~ ~ ~ ~ = .. ~ ~ = U fIj ~ .... ~ = Z ~ = = ~ ~ ~ Agenda Item No. 170 December 14, 2004 Page 70 of 131 = þ ~; ~'§ 'S: ~ = c.S ~ ;> Cd .""" ~ Q.) e Q.) ~- b.O (.) ..-:.::: d ~ ~ ].""" t..s ~Q.) ~..- ð¡~Q)Š u z ~ ~] i II U - ~ en Jl We: z·º en III 'õ eJ~ 11f\i ~ ~I. ì ~ "'~.. Q - .!C ~ C'., ~I--¡ ~ ~~ ~ II! I ~ ~ = .. ~ ~ e U fI.2 ~ -- c. = Z -- Agenda Item No. 170 December 14,2004 Page 71 of 131 þ . .-4 = ~ . o 00 0.-4 ( .) ( .) ~(J_ b()~~ ~( .)Z O.s~ ~oo~ 00 ~ ~ :..E 0 ~ F~tE - - . .-4 o~ ~ ( .) =~~.s .,8 c£ .s .s ~ ~ E ~.s] Oª~~"'Eh -¡::¡~=~ . ~..p > 2 ~ t=~8~~ j UI u i c( L .JE ~i II~ Z'~ W'õ I!J~ Agenda Item No. 170 . December 14, 2004 Page 72 of 131 Rescue 21 Protect Back2rounder CalUnl!: Amer,ca's LICeaaver ' · The U.S. Coast Guard - "America's Shield of Freedom" - provides an invaluable service to citizens of this nation. As the round-the-clock protector of America's inland waterways and coastlines (including 361 ports and harbors) the Coast Guard provides a myriad ofservices along roughly 95,000 miles oru.s. ooastlines. These services include: · Search and rescue (8AR) missions to aid both recreational boaters and commercial mariners; · Law enforcement activities such as drug Interdiction and immigration patrols; · Expanded national defense and homeland security duties in support of the war on terrorism; · Environmental response to assist in the cleanup of on and chemical spiUs; and · Other operations in support of maritime safety and security. · The Coast Guard is part of the U.S. Department of Homeland Security (Tom Ridge, Secretary). Exoandint Mluton · The Coast Guard is best known worldwide for its search and rescue (SAR) mission expertise that dates back more than 200 years to the earliest days ofthe Revenue Cutter Service and Life-Saving Service. · Today. despite the nation's best efforts to prevent maritime accidents, the Coast Guard responds to approximately 60,000 emergency calls and saves nearly 5,000 lives in an average year. In addition to responding to communications from other Coast Guard Stations and vessels, Coast Guard watchstanders respond to emergency signals and calls that are delivered from oivilian commercial and recreational boaters via celt phones, handheld VHF signals, Marine VHF signals, HF and MF signals, flares, flash lights, and flags. . Coast Guard SARresponse involves multi-mission Stations, cutters, aircraft, and boats linked by communications networks. The National 8AR Plan divides the U.S. area of responsibility into internationally recognized inland and maritime 8AR regions, with the Coast Guard acting 8S the maritime SAR coordinator. To meet this responsibility, the Coast Guard maintains SAR facilities on the East, West, and Gulf coasts, in Alaska, Hawaii, Guam, and Puerto Rico, as well as on the Great Lakes and inland U.S. waterways. ,About Rescue 21 . Rescue 21 is an advanced search and rescue (8AR) communications system that helps the Coast Guard more effectively locate and assist boaters in distress. The new system- fully operational by September 2006 - replaces the Coast Guard's current communications system, the National Distress Response System (NDRS), built in the \9705. Among other capabilities, Rescue 2\ enhances line-of-site coverage, increases position localization on a VHF -PM transmission, increases the number of voice and data channels available to the Coast Guard from one to six, and improves communications and information sharing between Coast Guard units and their federal, state, and loca\ parmers. Rescue 21 will save lives in the 21atcentury. Re5cue Zllnstallatlon . A $61 I million program, Rescue:: 21 plans caB for the first systems to be in place by Sept Agenda Item No. 17D December 14, 2004 Page 73 of 131 30,2003, in Atlantic City, N.J. and Chincoteague, Va. Plans can for system Installation to be completed in al146 Coast Guard regions by Sept. 30, 2006. · Rescue 21 oommunications hardware and software will replace the current National Distress and Response System (NDRS), which his been in operation since the 1970. · Rescue 21 entails the replacement 00,000 Coast Guard portable VHF-FM radios; also, replacement wiU include: · Equipment at all remote VHF-FM transceiver sites and supplementing the network that interconnects the remote sites to the Coast Guard facilities; · Communications consoles at 270 Coast Guard facilities · Communications equipment on 657 Coast Guard vessels Rescue 21 Timelines · Rescue 21 implementation plans call for the first systems to be in place by September 30, 2003 in Atlantic City, N.J. and Chincoteague, Virginia. · Thirty-five percent of the sites, or 16 out of 46 regions, are to be completed by September 2004. Deployment plans can for system installation in all 46 Coast Guard regions coast- to-coast by September 30,2006. · The Coast Guard's search and rescue (8AR) mission is 1ikely to become even more challenging in the years ahead. Current and future trends indicate: · Increased maritime trade, resulting in unparalleled growth in the site and numbers of ships using inland, coastal, and international waterways; · Fishing vessels and offshore petroleum platfonns venturing farther offshore; and · U.S. Coast Guard Rescue 21 Press Kit Facts Page 1 of 3 United States Coast Guard Rescue 21 Communications & Outreach Plan · Dramatically increasing numbers of personal watercraft and recreational boats, fueling greater congestion in the nation's waterways. Rescue 21 Features and Benefits · '. · · · Rescue 21 ensures continuous enhanced radio coverage out to 20 nautical mites trom shore. Rescue 21 is powerful enough to hear the low-powered (I-watt) marine radios transmitting from 20 nautical miles offshore. Higher-powered radios may be heard even farther offshore. Rescue 2 I supports a modem distress call feature known as Digital Selective Calling. The DSC signal received by Rescue 21 transmits vital vessel information, position, and nature of distress (if entered) at the push of a button that can be relayed through other nearby vessels to shore-side rescue authorities. The DSC radio can continuously transmit a MAYDAY automatically when the vessel operator may be prevented from doing so. To make this technology work, however, the boater must properly register the radio for an MMSI number and ensure it is cOMccted to a Global Positioning System (GPS) navigation system. Rescue 21 increases channel capacity and allows for simullaneous communications on six. channe1s, from commonly used Channel 16 to the new Channel 70 for digital selective calling (DSC). This enables Coast Guard watch standers to conduct multiple operations. Rescue 2] 's position location or direction finding capability allows Coast Guard personnel to pinpoint distressed vessels with either an actual position or along a bearing with 2 degTces accuracy. Rescue 21 offers protected communications for sensitive (unclassified) information, boat Agenda Item No. 170 December 14, 2004 - Page 74 of 131 tracking Cor response coordination and digital voice recording with immediate playback for analyzing weak distress ca1)8. · Rescue 21 reduces system downtime by maintaining a 99.5% operational availability rate. Rescue 11 and the Environment · Whenever possible, the Coast Guard will co-locate system hardware or use/modify existing structures. · Should new towers need to be built, the Coast Guard wilt attempt to erect new towers on existing Coast Guard property and work hand-in-hand with officials ITom the U.S. Fish & Wildlife Service so as to minimize the impact on the environment. Only when absolutely necessary will the Coast Guard erect new towers elsewhere. · The most likely Rescue 21 environmental impacts witt occur in deployment sites on or near migratory bird flyways. Towers with guy wires especially pose a comsion hazard to migrating flocks of birds, and arc only being constructed ifno other options exist. · The Coast Guard is also committed to minimizing the impact of new tower construction on environmentally fragile wetland areas and historiQal1y significant sites. Rescue 21 t. InteroÐerabiUtv · Rescue 21 improves communications and information sharing between Coast Guard units and their federal, state, and local partners. This is vital to assure the wen being of both recreational boaters and commercial mariners in regions requiring joint federal, state, and local response. · By replacing outdated technology with a fully integrated communications system that bridges inwroperabllity gaps, the Coast Guard's ability to protect mariners and our coasts - especially in this time of heightened homeland security - wilt become increasingly more effective. ' Communication Limitations · The communications network that currently acts as the backbone to the Coast Guard's SAR efforts · is the National Distress and Response System (NDRS). Established more than 30 years ago as a sort of "maritime 911,11 this VHF-FM-based system has B range of up to 20 nautical miles along most of the U.S. shoreline. While this system has served the Coast Guard well over the years, it consists of out-oC-date and non-uniform equipment and inctudes numerous communications1imitations. These limitations include: · Limited direction finding capability; · Numerous communications coverage gaps; · Lack of communications interoperability with Coast Guard's various partners and customers; and · Single channel radio operation, which prQhibits the ability to receive radio calls when the system is engaged in a transmission. The Solution: Rescue 21 · In October of 2002, the U.S. Coast Guard began moderni2ing the 30-year-old NDRS. The: Coast Guard's antiquated SAR communications and data systems technology is being replaced by newer, more advanced, and more effective communications technology developed by General Dynamics Decision Systems under a project called "Rescue 21." · System implementation of Rescue 21 kicks offin Financial Year (FY) 2003. Agenda Item No. 17D December 14, 2004 Page 75 of 131 Deployment plans call for completion of system installation in all 46 Coast Guard regions coast-to-coast by the end ofFY 2006. United States Coast Guard Rescue 21 Frequently asked Questions 1. What company was selected as the winner oftbe RESCUE 21 contract? · General Dynamics-Decision Systems (GDDS) of Scottsdale) AZ 2. Are there any subsidiaries or subcontractors? · Amcrican Nucleonics Corps) Westlake Village, CA · BAE Systems, Austi~ TX · CAC!, Inc, Chantilly, VA · Communications Services, Inc, Mesa, AZ · Motorola, Inc, Hanover, MD · Fuentez Systems Concept, Inc. (FSC), Charl~ton, S.C. · L&E Associates, Oxon Hill, Md. 3. Why was Genera) Dynamics-Decision Systems selected? · ODDS's proposal was evaluated as the overall best value to the Government in meeting the requirements defined in the Request for Proposal. 4, Why does the Coast Guard Deed to modernize Its national distress system (NDS)? · Modernizing the Nation's maritime 911 system is absolutely needed to ensure America's waterways remain safe. · The existing system is difficult to maintain and inadequate to meet the safety requirements of the growing marine traffic. 5. What benefits will RESCUE 21 bring? · RESCUE 21 will greatly increase detection and localization of distress calls. · E1iminate known radio coverage gaps. · Enhance Coast Guard command and control capabitities across all missions, including homeland security, on the Nation's inland and coastal waterways. 6. Prior to this contract) how much had the Coast Guard expended to develop tb~ project? · Effort up through Phase 1 cost $49.1 million (FY97 - FY01) 7. What Is the Coast Guard asking for in Its current budget request? . We requested $90 million in our FY03 budget request to complete the first 6 regions (out of 46 total) and to begin 15 new regions. 8. What is the value of tbe RESCUE 21 contract award? . The RESCUE 21 production and deployment contract has an initial award value of $25 million) with a total value, including all options, of $611 million. Agenda Item No. 170 .December 14,2004 Page 76 of 131 . 9. Wben will the system be deployed and when will it be completed? · The RESCUE 21 system will be funy deployed around the country by 2006. · The first deployment sites are Coast Guard groups in Atlantic City, NJ, and Eastern Shore. V A (on Chincoteague Island). 10. What was the criteria for selection of the first deployment sites? · The main criteria was to deploy the system in the shortest timeframe. 11. How 10Dg will It take to complete the deployment? · The first systems are planned to be in place by the end ofFY03; 35% or16 of 46 regions completed by the end ofFY04¡ 70% or 36 regions completed by end of FY05; with the deployment completed by the end ofFY06. (The rollout plan is also on our web site.) 12. How does RESCUE 21 Improve on the existing system? · RESCUE 21 will continuously monitor Channel 16 and the new Channel 70 Digital Selective Calling channel for distress calls. · Provide continuous radio coverage out to 20 nautical miles. eliminating existing radio coverage gaps. · Provide caller location information. · Automatically record and play back distress calls. and allow the Coast Guard watchstander to slow them down and adjust the quality Wltil the message is understood. · Track Coast Guard response assets. · Provide interoperabi!ity with other federal, state and local public safely partners. · Protect sensitive infonnation. · Enable the Coast Guard to meet the federal narrow-banding mandate. · Provide greater reliability, availability and recoverablUty. · These features not only increase the Coast Guard·s ability to successfully respond to search and rescue cases, but also increase its ability to successfully perform other Coast Guard missions. 13. What components must be upgraded aDd what advantages do the upgrades provide? · The existing components will not be upgraded. The entire system will be REPLACED. 14. How antiquated is the existing system? · The system was installed in the early 70's. · A good analogy would be to compare computers in the early 70's to the available units today. Communications technology basicalIy advances at the same pace. 15. How does RESCUE 21 relate to the CG's Deepwater project?,...Homeland Security? Agenda Item No. 170 December 14. 2004 . Page 77 of 131 · Rescue 21 will (onn the backbone for the Coast Guard's short-range communications system. Deepwater will update and improve the capabilities of the Coast Guard's CUITent fleet of ships and aircraft. · RESCUE 21 provides interoperability between Deepwater and the Homeland Security agencies that enables the rapid exchange of infonnation with our various operating partners. 16. When did the CG initiate this project? · This project was initiated in the mid·1990·s. 17. Are there cases where the more modern system may have saved lives or enabled the Coast Gu~rd to more emciently respond to In emergency? · To say that RESCUE 21 would have changed the outcome of past cases would be purely speculative. The new system will reduce response times by providing the technology to help take the search out of Search and Rescue, which in turn wi11 save more lives. 18, How will the'Coast Guard train its people to use the new system? · Training for RESCUE 21 has been integrated into the contract. · The contractor will develop and deliver both entry and advanced level training programs for Coast Guard personnel. · Thc contractor will also provide on site training when the system is delivered to a region. . 19. Can tbe system be deployed sooner? · No. The schedule was designed to deploy the system in the most efficient manner possible. 20. If it is to be phased in bow will this affect the units with the existing system? · As specified in the contract, the Coast Guard will be abie to 'continuously monitor distress calls throughout tho transition. 21. Will this system be Interoperable with DOD? · The RESCUE 21 has been designed to work with other agencies including the DOD and civilian agencies using federal communications interoperabi1ity standards. 22. Has the recent OMB budget restriction OD homeland security Information technology spending affected deployment of RESCUE 21 ? · No. RESCUE 21 was reviewed and determined to be a mission critical system, which should not be delayed. 23. Will boaters need to buy any new equipment? · No. Existing marine radios will be compatible with RESCUE 21. 24. Will RESCUE 21 be capable of responding to cell phone distress calls? ---. Agenda Item No. 17D December 14,2004 Page 78 of 131 r,.DJ u.s. COASTGtJARO National Distress and Response System Modernization Projecl -. u.s. COAST GUARD RESCUE21 SAVING LIVES IN THE 21st CENTURY Project Description V:.'H.~ ,'1 I ::IJ~~ii': ..,..; , A~ 1110\ ~,\11 :>11 ~:,~{:.. Objective The objective of this project Is to modernize and upgrade the NatIonal Distress and Response System. Follow this link to an Adobe Acrobat 5.0 nle for 2In Introduction to the proJect--"NDRSf!1P lQl." The NDRSMP Is one of the cornerstones of our transformatIon In shaping the future of our service. . The project began in the mld-1990s when It became apParent that the current NDR.S was becoming technologically obsolete. The modernized system will provide the Coast Guard wIth a meens to: · CoordInate search and rescue response operations. · ProvIde command and control (C2) for Coast Guard units (Active, Auxiliary, and Reserve) " performing Maritime Safety, MarItIme Law Enforcement, National Security, and Marine Environmental Protection missions. The NDRSMP will provide essential communications between Coast Guard facilitIes (e.g., Activities/ Groups, SectIons, MSOs, Stations, cutters, boats, selected vehIcles, and detached personnel), the Coast Guard's customers (e.g./ recreational and commercial mariners); and partners like other Federal (Including the other military services), state, and local agencies. Follow this link to an Adobe Acrobat 5.0 file showing the NDRSMP conceDtual at;:chltecture, The modernized system will support all Coast Guard mIssions In the coastal maritime environment: Maritime Safety, MarItime Law Enforcement, National SecurIty, Bnd Marine Environmental Protection. Background The current NDRS consists of a network of approximately 300 VHF-FM antenna high sites wIth analog transceivers which are remotely controlled by regIonal communication centers and selected stations providing coverage out to approximately 20 nautical miles from shore In most erees. The present system does not provide complete coverage of continental U.S. coastal areas, bays, Inlets, and river systems. There are numerous localized coverage deficiencies Identified by local operational commanders. (Note: complete coverage for Alaska and HawaII was not part of the Initial design; this was a Coast Guard decision made In 1975). The existing system has the capability to guard channel 16 (VHF-FM International dIstress frequency); however, the distress watch Is Interrupted dUring any transmission by the monitoring site. (Note: In the Western Rivers and Alaska, the system does not hðve Channel 16 guard receivers,). Next, C2 Is often jeopardized because the system does not have adequate channel capacIty and allows only one conversation on one frequency ata time. In addition, essential communications with other Federal, state, and local agencies are often hindered or unavailable due to the lack of compatible communications equipment. Agenda Item No. 170 December 14, 2004 Page 79 of 131 Much of the existing equipment was Installed In the 1970's. It Is no longer commercially available off-the- shelf and Is becoming Increeslngly dIfficult to support. The expected service Ufe for this equipment was 15 years. Equipment failures have necessitated the replacement of many system components that are no longer commerclelly repairable. Enhancements such as multi-channel recorders, Instant playback recorders, end localized direction finding equipment were Installed In some locations to meet needs Identified after the original system's construction. All of these factors have contributed to an overall lack of system Integration and standardization. Acquisition Strategy The NDRSMP employed a two-phased acquisition strategy. Contracts for the Phase I Concept and Technolc Development were awarded to three Systems Integration Contractors (SIC)--General DynamIcs Decision Systems (who acquired Motorola System Solutions Group), Lockheed Martin Corporation, and Science Applications International Corporation (SAIC). In Phase I, the three SICs developed the functlon&1 design, the prellmlmuy design, and demonstrated ¡;¡nd val/dated the design for operational 8nd functional suitability The main objective for this phase was to develop design concepts that will best satisfy Coast Guard mission requIrements at an affordable cost, with minimum acceptable technical risk. The Phase I SICs participated In a limIted competItion for Phase II, System Development, Demonstration, Production and Deployment. The Phase II Request for Proposal (RFP) was released on February, 8, 2002; " solicited proposals for the rull-scale development of the modernized system from the three SICs. Final proposals were received on 08 April 2002 and were thoroughly evaluated for technical approach and cost. T Government selected the proposal that represented the best value to meet the NDRSMP requirements, and 24 September, 2002 the Phase II contract was awarded to General Dynamics DecisIon Systems to deploy th Rescue 21 system. Under this contract, General Dynamics will be responsible for final design completion, testing, Implementation, deployment, and Initial system support. Every effort will be made to utilize non- developmental (off-the-shelf) equipment. A limIted amount of system development and design evaluation can be expected In order to provide Integration of the non-developmental Items. The overarchlng objective for the SIC to build the entire system and provide single-point responsibility. --- c U.S. D~I,...rtfT1t'n! or Tr(ll1!;pmt~110r [Official USCG Home Pace' I rWebmaster] Last modified: 12/20/200217:15:19 Agenda Item No. 17D December 14,.2004 Page 80 of 131 r~a tl.s. COASTGIJAR/J National Distress aDd Response System Modernization Project .. u.s. COAST GUARD RESCUE21 ~ SAVING LIVES IN THE 21st CENTURY Rescue 21 System Capabilities The core funcûon of the National Distress and Response System Modernization Project (NDRSMP) is to provide reliable two-way yoice and data communications between shore stations. vessels, and vehicles in the coastal maritime environment. Follow this link. to an Adobe Acrobat 5.0 file to see a summary of NDRS caDablllties. · Capabilities of the "Rescue 21" system include: CommWlications Coveralle. The system will provide coverage out to 20 nautical miles seaward oftba Territorial Sea Baseline of the contiguous U.S. Coast, Hawaii, Puerto Rico, Virgin Islands, Quam and Gulf of Alaska coastal zone. Coverage al.so includes the Great Lakes, navigable waters of the Intracoastal Waterway System, and the Western Rivers. Coverage is based on a transmission from a low-power, one-watt omni directional transmitter at two- meters of elevation. This is the minhnum transmit strength for a VHF radio. However, it is important to note that the standard VHF marine radio transmits at 25 watts, resulting in a considerably greater coverage area. · Position Localizatioq. Direction finding (DF) equipment that is accurate within plus or minus two degrees will be installed throughout the entire communications coverage area. At a minimwn, the DF equipment will provide one line of bearing (LOB) to a voice transmission. The maxlmwn search area to locate mariners, with a single line of bearing, is 25 square nautical miles. In many regions, the system will receive more than ODe LOB, which will reduoe the search area. Furthermore, a Digital Selective Calling (DSC) radio equipped with GPS will provide a pinpoint location. Follow this link to an Adobe Acrobat 5.0 file to learn more about the modernized system's DF CRDsbilltv. .. Digital Selective Callin¡ (DSC). The modernized system will include DSC send and receive capability in the entire coverage area. Low cost DSC radios are capable of instantly transmitting exact location, name of vessel, nature of distress and other vital information when used in conj unction with an integrated GPS receiver and properly registered Maritime Mobile Service Identity (MMSI) number. · ODerational Availability. Operational commanders and mariners in general rely on the NDRS 24 hours a day, 7 days a week for vital communications. The modernized system will demonstrate a high state of operational readiness-99.50%-for all critical functions. · Channel CaDacitt· Sufficient capacity to perfonn in multi~functional mission areas. in crisis operations, and support multiple operations in the same or separate geographic areas. This includes six simultaneous commwúcations channels to include distress channels 16 & 70 DSC, two VHF-FM chaMels, one UHF channel, and one VHF-FM or UHF data channel .. Data COmn1Wlications. Send and receive data on one communication channel at 9.6 Kbs. Agenda Item No. 170 Oe.cember 14, 2004 Page 81 of 131 . . · Automated Broadcasts. Both VHF-FM voice capability and automated transmission of scheduled/unscheduled marine infonnation broadcasts. · InteroDerability'. The modernized system will interoperate with federal agencies (such as FEMA, DOD. FBI, Secret Service. DBA), end State and local government agencies (such as police forces and emergency service agencies) to support emergencies or natura! disasters. The system will use the Association of Public Safety Communications Officials' (APCO) Project 25 standard. · Maintainability. Since the modernized system provides vita] communications for Coast Guard units and mariners in many areas, a national maintenance strategy has been developed to reduce system down time and meet the operational availability requirement of 99.50%. · Automatic Asset Tracking. The new system will be capable of automatically tracking the position of all Coast Guard mobile assets (i.e. vessels, airoraft, etc). This will enhance the Coast Guard's ability to coordinate all mission activities. · Recordable Conununications. The new system will digitaJJy record, time stamp, and provide the instant playback and archiving of unclassified communications, both voice and data. · Protected Commwùcations. Provide covered (protected) communications of Sensitive, But .Unclassified (SBU) voice and data infonnation throughout the coverage area., using APCO - 2S standards. . · Recoverabili!y. Restore critical functions under degraded conditions ranging from accidents and natural disasters to conventional war within 24 hours and full recoverability within seven days. --- ~ u.s. Departmenl or TrHmlporbl1or, [Official USCG Home Page) I rWebmast~r1 last modified: 07/02/2003 15:45:34 Agenda Item No. 17D Decernber14,2004 Page ~2 of 131 r~a {IS COASTG(JARfJ National Distress and Response System Modernization Proje. u.s. COAST GUARD RESCUE21 SAViNG LIVES IN THE 21st CENTURY Implementation The NDRSMP team has shIfted Its focus from system design to system Implementation. This corresponds to the transition from Phase I (Concept end Technology Development) to Phase II (System Development, DemonstratIon, ProductIon and Deployment). The modernized Rescue 21 system will be deployed In the 46 Coast Guard Group Regions during 8 three-year perfod (FY03-FY06). The System will be deployed region by region In accordance with the natlonVt(lde ImDlem~ntatlan schedul,. As per the Implementation schedule, the system will first be deployed In two Initial Operational Capability (IOC) or prototype regions (Groups Atlantic City and Eestern Shore). After the system Is Installed, thoroughly tested and operating correctly In the prototype regions, deployment will commence In the remaining Coast Guard regIons starting with the Low Rate Initial Production (LRIP) regions (Groups St Petersburg, Mobile, Seattle and Port Angeles. Process · Rescue 21 deployment Is built upon a S-stage process, The first step Is Internal data gathering and unit awareness conducted by the NDRSMP team. The remaining 4 steps are structured as delivery orders to be performed by the Phase II Systems Integration Contractor (SIC). The project staff has established Independent teams that will work closely with regional representatives to facilitate and monitor the progress of e8ch of the Implementation stages. This process will be carried out Independently In each regIon, · Preparatory Stage - During this stage, It project team will work closely with region personnel to raise their awareness about the upcoming system deployment end gether Information that Is needed for subsequent stages. Some of this Information Includes operational schedules, unit points of contact, and other regions spedflc data. · Detailed Regional Implementation Plan Stage - The SIC will gather Information through site surveys of the region and develop I!I detailed plan for the deployment of the system. This stage will Involve visits by the SIC to Coast Guard units throughout the region. Following the site surveys, thè SIC will submit the Detelled Regional Implementation Plan to the Coast Guard for review. Project personnel will team with region representatives and members of theIr chain of command to review these plans and address Issues as necessary. · Infrastructure Preparation Stage - During this stage, the SIC wJ prepare the Infrastructure within a region so that the communications equipment can be Installed during the rollowing stage. This Involves establishing remote antennae sites, or Remote Fixed Facilities (RFFs), to support the new system and the Installation of a data network that connects the RFFs with CG communications centers. This stage may also Involve modificatIons to existing Coast Guard units. .., ----.-- Agenda Item No. 17D December 14, 200A Page 83 of 131 · Install and test the modernIzed -Vitelli - During this stage, the SIC will phYSically Install the communications equipment at CG facilities (I.e. RFFs, communication centers and vessels) throughout the regIon. After the new system Is Installed and thoroughly tested, It will become the opelëttlonal system and the legacy system (old system) will be de~lnsta"ed. Operator training will be provided by the SIC during this stage. . Support and Maintenance Stage - The SIC will provide follow-on maintenance and support of the modernized system through a national maintenance contract. --- , f.) u.s. DI!pM1rnl!nl Dr T'/IJ'!lP()rtllllor· (Official USCG Home Paoe) I (Webmasterl Last modified: 12/20/2002 17: 15: 53 I I , i 1- -----. .. --_..__._>- --. Agenda Item No. 17D December 14, 2004 Page 84 of 131 tis. COASTGtJARlJ r~a National Distress and Response System ModerDiution Projec' u.s. COAST GUARD RESCUE21 SAVING LIVES IN THE 21st CENTURY Project Status .~.,~.~ f -"11"'11 Status The Coast Guard completed the Phase I contract (Concept and Technology Development Phase) of the project on February 5, 2002. . The Phase II R.equest for Proposal (RFP) was released on February 8, 2002; It solicIted proposals For the full-scale development of the modernIzed system from each of the three Phase I System Integration Contractors (SICs). The Coast GUl!lrd evaluated each proposal and selected the proposal that represented the best value to meet the NDRSMP requIrements, Ind awerded the Phase II contract to General Dynamics Decision Systems on September 24, 2002. General Dynamics Is responsIble for rInal design completIon, testIng, Implementation, deployment, I!Ind initial system support. Significant milestones are summarized below: · Request for Proposal (RFP) for Phase I was released to Industry on December 2, 1999. · Phase I System contrBCts were awarded on August 2, 2000 to Lockheed Martin Corporation, Motorola System Solutions Group, and ScIence Applications International CorporatIon (SAIC). The award was announced In COMDT COGARD WASHINGTON DC 0718SSZ AUG 00 (ALCOAST 325/00). · Key Decision Point (KDP) 2 was approved January 31,2002. ThIs decision enabled the NDRSMP to move Into Phase II. · Phase I contracts ended on February S, 2002, During Phase I, the SICs developed their functional desIgn, their preliminary desIgn, and demonstrated Bnd validated their desIgn for operational Bnd functional suitability. Additionally, the Phase I SICs completed detailed site surveys for the InItial Operating Capability (IOC) regions [Groups Atlantic City and Eastern Shore] and the Low-Rate InItial Production (LRIP) regIons [Groups Seattle, Port Angeles, St. Petersburg and Mobile]. · The Request for Proposal (RFP) for Phase II was released to the Phase I contractors [Lockheed MartIn Corporation, General DynamIcs Decision Systems (who acquired Motorola System So'lutlons Group), and Science ApplicatIons International CorporatIon (SAIC)] on February 8, 2002, ThIs was announced In COMDT COGARD WASHINGTON DC R 1217572 FEB 02 (ALCOAST 056/02). · Proposals from each of the three Phase I SIts were received by the NDRSMP Project office on 08 April, 2002. Agenda Item No. 17D December 14, 2004 Page ?5 of 131 After a thorough proposal 'evaluation phase, during which each proposal was evaluated objectively for technical approlJch and cost criteria, the Coast Guard determined the General Dynamics proposal represented the best overall value to the government, and on September 24, 2002 awarded the Phase II contract to General Dynamics DeCIsion Systems. TimeIine The rollowlng table provides a hIgh-level summary of the project schedule. . ... . -.. .. .-.......-.. -.. .oo.. --... -.. ..... --- .-_. .....__ - ...__.... - -_...._.0. ..__. ¡~~~~~~tI?_D D.~!.. l_. ....... '-'..u ......__._ _~v.!~~A~~~~_.. __.___..... _. ...... p~::~.~~.1 ~~. " }~~.:..~ f~~!.h~.:.-.~~_n.c~t ~~.!~.c~~~~?:: .!,~~~!o~~~~_. ..; :JuIy 2000 ¡Source Selection Decision , ...... ....--..... ..-. -'--"--' --.-.--....-.-..-...-.... .--...--....--.-.......-.-, .August 2000 .Award Phase I Contracts , ;Mäi~h~2ÕO·l .. "'- :SystemDèsigñ R;~i~w-- ...-..- .-- -- .. .-.. "-.. '-- '-'-- .. ....--.-. ........ ...- ..... .-.... . -..... ....... -- " .-- --. - -- -..-.. ".' . -.. -. '" ..... .. -.. -I !COARC Meeting. Revised Operational Requirements Document : ¡June 2001 :(ORD) (Change 1) and Acquisition Project Baseline (APB) (Change; ~ I "--... -...0 ..._. " .......__ n __........ ..__...................._.........__............, "" :October 200 I :Preliminary Design Review . .---".-".. .-.-......--- ..------.------. .-----.- -------..-···..-..1 .November 2001 :Critical Functions Demonstration : . --..-- -.---- -r,--" ---...----.._ ._..__,___ __.____ :January 2002 :Key Decision Point (KDP) 2 (per SAM 2001 revision F) i I~' ·b· .. _.. ;~~~ .. ..-- !Í~š~;-RFP fu;Ph;š~ Ïi:" Syst~ñ; ~v~lopiñ;~~-De;ñõnStratiÕn:..----. . e ruary :Production and Deployment . .. ·····..·1_... ... '__"" .._......___......_._..___ ...._ _____.._._____.__.. _'__"_' ~September 2002 :Source Selection Decision .. -_.. ---..-.-- ----... ..--.........- ....- .. -.- -.---..-... --- ........ ---..__... 1.__. ._.... ;September 2002 Award Phase II Contract . . 'Q ïFŸÕ"3:'Q3FY03- ;ë~~piet~D~wiõp~~-;;iaiT~t Repört .. - .. .... . -.-.... . "- - . . .. ......_.,__._.--_._--~.. --. ..-.-.......-.-. .--......---- -.- "'--' ---.-. ....-- to ........ to' :Q3FYD3 . Q4FY03 ,Complete Operational Test Report : ;Q3FŸ0"3-:- Q4FY03.Ã~Ìùe;e-Res~ 21 Initiäï op;åtï~Öå1-ë~P;biÌitŸ ëi'õcf--·-- - --; . -..... -.--.... - ---. ....... .-_ _·f.. ._ __... _._ ____. _ _...........___ __. . .._............ .___.._ ;Q4FY03 - QIFY04 Key Decision Point (KDP) 3 (Enter Production and Deployment) ~ o. ...-..-..-...-..--".- .-.... ....__.....__.._____.____.....__..._. ._. ____.f. .._.-.........._ ..__, ;QIFY04. Q4FY06 ¡Deploy Regional Rescue 21 Systems . iQ3FYÖÓ-: ò406 :ÄcWevc' Filii Óp~ratiõ;¡~l Capabiiity (Foe)" . . - """ .... _. --. .. . j : .-----......--. - -.. .:.. '--. -.....---. ---. '..---. ----.. ..------.-.....--.....-.- .----..... - . --- Q u.s. DIlP¿1P1I11vl1t 01 Tr¡II1:;purldllC)" fOfficiaf USCG Home Paae] I rWebmaster) Last modified: 12/20/2002 17:18:03 Agenda Item No. 170 December 14, 2004 PageB6 of 131 ~ cingular WIULlU Naples Zoning Board July 28,2004 To whom it may concern: This writing is in response to a request generated by the zoning department requiring Cingular Interactive's proposed use oflocation at 301 Tower Road, Naples, FL, 34113 and technical necessity. Currently, Cingular Interactive operates a public nationwide data network with over 2000 base stations, providing service to over 1 million subscribers. On July 12 of this year, the tower on which we had our antenna located was destroyed by flre. We are currently seeking temporary operation on a replacement tower-locating our antenna at a lower position, however; compromising the level of service that existed beforehand. Cingular Interactive is seeking a suitable replacement site that will offer the same level of service and reliability to its customer base that was previously provided. Cingular Interactive is committed to complying with all state and local regulations concerning proper operation of equipment, as well as all applicable federal regulations concerning operation of communications equipment. RF Engineering requests that you approve the application being submitted by Global Signal to re-construct a tower that previously existed at above location. Further, CI requests that it be allowed to locate its antenna at a height of 500' to provide the pre- established continuous coverage and service. Attached are two propagation studies for your review. Respectfully, Ronald Lukach Sr. Manager, RF Engineering Cingular Interactive I: Agenda Item No. 17D December 14,2004 131 :i) :1 Agenda Item No. 17D December 14,2004 131 _._- Agenda Item No. 170 Agenda Item No. 17D Agenda Item No. .17D December 14,2004 Page 91 of 131 ~ ~etrocallQþ ~I. wlreless Mel110randum To: Bonnie Bowers- Global Signal From: Rick Freihofer- District Technical Manager- FL, AL, MS cc: Date: 7/2612004 Re: Loss of coverage in East Naples, FL Metrocall Wireless is a nationwide common carrier, licensed by the Federal Communications Commission to provide 1 and 2 way wireless communications. We maintain a vast network of communication's transmitters operating at strategic locations throughout the U.S., Puerto Rico and the Virgin Islands which relay 1 way and 2 way message traffic to and from personal devices. It is critical to many of our customers that they receive or are able to transmit their message data anywhere within those territories at any time. We presently provide 1 and 2 way services to many police and tire department personnel as well as emergency team members from the medical community and other disaster support teams in the Naples/ Ft Myers area. Due to the unfortunate events that occurred at the subject tower site on Tower Rd in east Naples, not only was all of our transmitter equipment destroyed, but with the loss of our transmissions from the tower, our signal strength in the surrounding area is weak or non-existent. We have studied alternate transmission sites in the area but have found them geographically inadequate as replacement transmission sitE!s. RF propagation studies Indicate that there would continue to be areas of weak signal coverage from these alternate sites. We take pride in, and have built our business by standing firm in our commitment to provide reliable, uninterrupted communications services to all emergency medical, law enforcement, and disaster support personnel as well as the public in general. These services are also becoming an increasingly important piece of the homeland security arsenal. We feel that replacement of this transmission site is highly valuable in the efforts to meet these needs. . Page 1 ULS Lièense - Part 22 931 MHZ Paging License - WPQM480 - Metrocall USA, Inc. Agenda i~.of7~ December14,2004 Page 92 of 131 ULS License Part 22 931 MHZ Paging License - WPQM480 -14-¡£iõéã1J1)S'Ä~~'" Inc. Il!I This license has pending applications: 0001701168 Call Sign WPQM480 Radio Service Status Active Auth Type Market _..,.r;'....."",.,.1.~":"'C·~·t ., .(~~: ,. . . . '; ..'l.tii: Miami ::;; Submarket O· Dates Grant 06/12/2000· EffectIve 09/24/2002 Bulldout Deadlines 1st 06/12/2003 Notification Date. , 1st 06/25/2003 Licensee Ucensee 10 SGIN Licensee Metrocall USA, Inc. 6677 Richmond Highway Alexandria, VA 22306 ATTN Ken Goldstein, Sr. VP L00120582 000 FRN Contact Alston & Bird LLP Frederick M Joyce 601 Pennsylvania Ave., NW, North Building, 10th Floor Washington, DC 20004 CZ - Part 22 931 MHZ Paging Regular Channel Block AI Associated ~~~X;~OÒÓÓ::93¡:~2$Ó9 \ Frequencies (MHz) Expiration 06/12/2010 Cancellation 2nd 06/12/2005 2nd 06/25/2003 0002051357 Type P: (703)660-6677 F: (703)756-4385 E: ken .goldsteln@metrocall.com P:(202)756-3376 F: (202)756-3333 E: rjoyce@alston.com Qualifications, Ownership, and Demographics Radio Service Type Fixed, Mobile Regulatory Status Common Carrier Interconnected? Yes Allen Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits http://wireless2 .fcc.gov IUlsApp/UlsSearchllicense,j sp ?1icKey= 1087017 &printable Corporation 8/12/2004 ULS License - Part 22 931 MHZ Paging License - WPQM480 - Metrocall USA, Inc. A~da l~bJd. d'ID . December 14,2004 Page 93 of 131 Part 22 931 MHZ Paging License - WPQM480 - Metrocall USA, Inc. Market Call Sign Market Submarket WPQM480 MEAOll - Miami o Radio Service CZ - Part 22 931 MHZ Paging Channel Block AI Associated 931.20000-931.22500 Frequencies (MHz) Auction 26 - 929/931 MH Define View: ISpectrum~nd Marl<etAr~as 2:l ® Spectrum & Market Area (MHz) License WPQM480 has not been partitioned or dlsaggregated. http://wireless2.fcc.gov/UlsApp/UlsSearchllicenseMarketSum.jsp?licKey= 1 0870 17 &print... 8/12/2004 ULS License - 929-93LMHz Band, Auctioned License - WPQM404 - Metrocall US~a 1~!SJé.~f~ December 14,2004 Page 94 of 131 ULS License 929-931 MHz Band, Auctioned License - WPQM404 ~~'itrOèálr'] USA, Inc. ~ This license has pending applications: 0001701168 Call Sign WPQM404 Radio Service GC - 929-931 MHz Band, Auctioned Status Active Market _;~~r.B~If··,~;MIê9mi Submarket 0 Auth Type Regular Channel Block A Associated .,~.. "§29:õ'õoOô':929':ò25ò'o", Frequencies (MHz) Dates G~~ 0~1~2000 Effective 09/24/2002 Buildout Deadlines 1st 06/12/2003 Notification Dates 1st 06/25/2003 Expiration Cancellation 06/12/2010 2nd 06/12/2005 2nd 06/25/2003 Licensee licensee ID SGIN Licensee Metrocall USA, Inc. 6677 Richmond Highway Alexandria, VA 22306 ATTN Ken Goldstein, Sr. VP L00120582 000 FRN 0002051357 Type Corporation P: (703)660-6677 F:(703)756-4385 E: ken .goldstein@metrocall.com Contact Alston & Bird LLP Frederick M Joyce 601 Pennsylvania Ave., NW, North Building, 10th Floor Washington, DC 20004 P: (202)756-3376 F: (202)755-3333 E:rjoyce@alston.com Qualifications, Ownership, and Demographics Radio Service Type Fixed, Mobile Regulatory Status Common Carrier Interconnected? Yes Allen Ownership The Applicant answered "No" to each of the Allen OwnershIp questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. http://wireless2.fcc.gov /UlsApp/UlsSearchllicense.j sp ?licKey= 1086941 &printab Ie 8/12/2004 ~s License -- 929-931 MHz Band, Auctioned License - WPQM404 - Metrocall US~~ªnda ~~q.fu.of7b December 14, 2004 Page 95 of 131 929-931 MHz Band, Auctioned License - WPQM404 - Metrocall USA, Inc. Market Call Sign WPQM404 Radio Service GC - 929-931 MHz Band, Auctioned Channel Block A Associated 929.00000-929.02500 Frequencies (MHz) Market Submarket MEAOll - Miami o Auction 26 - 929/931 MH Define View: I S~ectrum ~~~ Mar_k_et ~re~~..:1 @ Spectrum Be. Market Area (MHz) License WPQM404 has not been partitioned or disaggregated. http://wireless2 .fcc.gov/UlsApplUlsSearch/licenseMarketSum.j sp ?licKey= 1 086941 &print... 8/12/2004 _ UL~ License -Private Carrier Paging, 929-930 MHz License - WPKR286 - MetrocalIAgSc.da RageNooUo - December 14,2004 - Page 96 of 131 Private Carrier Paging, 929-930 MHz License - WPKR286 - Metrocall USA, Inc. Frequencies Summary Call Sign WPKR286 Radio Service GS - Private Carrier Paging, 929-930 MHz 4 Frequencies for all locations 20 Frequencies per Summary Page o = Special Condition 1 1 1 1 Paging Output Maximum Rec. Power ERP 100000 300.000 3500.000 100000 300.000 3500.000 100000 300.000 3500.000 100000 300.000 3500.000 Frequency Loc# Ant# 929.76250 1 1 929.76250 2 1 929.76250 3 1 929.76250 4 1 Freq Station ID Class 1 FB6C 1 FB6C 1 FB6C 1 FB6C Units 4 Frequencies for all locations 20 Frequencies per Summary Page http://wireless2.fcc.govlUlsApplUlsSearch/licenseFreqSum.jsp?licKey= 113747 5&printable 8/12/2004 Agenda Item No. 170 December 14, 2004 Page 97 of 131 " ,. " "- . SaniIeI - -, " I .... .... ,.. "- \ ......... ,.. ..- 'I. -I - I "- "- ... "- - "- ,.. "- "- - '" o . \ \ ) I _~-r 1- \ , \ \ \ '" \ " \ " \ \ " 5 miles 10 ,....------ I ". '---"'" (l't. ~~II" RF Engineering Na :IIes 2.w.y IIIiZ Coverage Road Legend - Major Hghways Boundary Legend D Colrty Boundaries (J Slate BoI.nderles Coverage Legend . -88 dBm street Level D PopUetIon Dendy Site Legend . CIIes + Xh1TR SIte Co ...1 II .. Agenda Item No. 17D December 14, 2004 Pa e 98 of 131 "" .... . Sanlbel -, .... I ... .... ... ... \. - I ........ '" "- '\ - I .... "- ... ..... .... ... -- - ... o 5 miles Co 1{J ,'------ / " ......----'" n.Mitròca.' II~ .w wlmn.'! RF Englneeñ1g Naples 2-Weyllfiz Coverege Coverage Legend . ·88 dElm street Levet o PopUeltlon Density Site Legend . CItIes + XMTR Sle Road Legend - Me or HIghways Boundary Legend o County~ D State Bou"Iderles Agenda Item No. 17D December 14, 2004 Page 99 of 131 "" ,. "- 1--" .... "- '" .... ,.. ... ..... ..... .... ~- 'I. - , - I I , "'- ... .... - "- ... ,.. .... .... - ".. o 5 miles Co 10 \ \ "- \ , \ , \ \ '" JI I .. .; '---~ Ð ~~~n: RF engineering Neples 2.we:y MHz Coverage Coverage Legend . ..ee dBm street Level I:J Population Dendy Site Legend . Cities + )(MTR SIte Road Legend - Major HghwaY$ Boundary Legend D CoIr4y Boundefiea C stIte 8oI.ndIries - -- metroPCS Agenda Item No. 17D Decernber14,2004 Page 100 of 131 1401 NW 136 Ave, Suite 304 Sunrise, FL 33323 Tel: 954-839-2600 Fax: 954-838-7104 RE: Justification for a new tower at 301 Tower Road, Naples FL A tower at 301 Tower Road in Naples is an essential antenna location for Metro PCS network. This tower will provide a crucial link between our towers in Marco Island and Naples. Drivers traveling between Marco Island and Naples will not be able to make personal or emergency 911 calJs if this tower is not in place. We need our antennas to be at least a height of 214 ft to bridge the fifteen mile gap between our towers in Marco Island and Naples Metro PSC has done an exhaustive search in the area for towers that would meet our needs. However, none of the towers in the immediate area meets our height or structural requirements. ~cer. ely U~·.4·~~ Joseph A. Creavalle RF Engineer Metro PCS Florida Region 1401 NW 136 Ave· Suite 304' Sunrise, FL 33323' Phone: 954-839-2600 · Fax: 954-838-7104 Agenda Item No. 17D - . . December 14, 2004 ation Plot with 301 Tower·Road site nòt ori'1!dr1 01 '<)f 131 øat Pilot Strength (dDm) · ..... (n-aclng QD'It"V') · ~"... (II-aMcllng 00""'11'1 D ..." ~ ("....111.. OO"nI ') · .."... (arldoor 00.....1 · -.1"'" (MIraInII 0).......1 D LtIl'I..-lOljMo 00"'9) o ..--- '. - Agenda Item No. 17D RF propagation Plot with 301 Tower ·Road site on air December 14, 2004 .... - .' Best Pilot Strength (dBm) · ................) · ·7I1O"~ o "1O·7I~1 · "IO"~ · .....IO..~ Dc.....,... ~ o 2 miles _._,__._..,. ·.,on 0 "0. ULS License - SMR, 806-821/851-866 MHz, Trunked License - KNAJ967 - NEXTE.Ag.elJda IIœgðl~. df0 . . December 14,2004 . . Page 103 of 131 ULS License SMR, 806-821/851-866 MHz, Trunked License - KNAJ967 - "ßiIJ-''mENSE1,'HO[DINGS~~17INC " Call Sign KNAJ967 Radio-Service YX - SMR, 806-821/851-866 MHz, Trunked Auth Type Regular Status Dates Grant 01/03/2001 Effective 01/03/2001 Control Points Active Expiration Cancellation 10/31/2010 1 2001 Edmund Halley Drive, Reston, VA P: (703)433-4000 Licensee Licensee ID SGIN Licensee NEXTEL LICENSE HOLDINGS 1 INC 2001 EDMUND HALLEY DRIVE RESTON, VA 20191 L00005009 000 FRN 0002050078 Type Corporation P:(703)433-4000 Contact Land Mobile Data Extended Implementation Eligibility 90.603C Assoc.Call Signs Qualifications, Ownership, and Demographics Radio Service Mobile Typè Regulatory Common Carrier Interconnected? Yes Status Allen Ownership Is the Applicant a foreign government or the representative of any foreign government? Is the Applicant an alien or the representative of an alien? Is the Applicant a corporation organized under the laws of any foreign government? http://wireless2.fcc.gov!U1sApp/UlsSearch/license.j sp?1 icKey= 1112877 &printable 8/12/2004 ULS License - SMR, 806-821/851-866 MHz, Trunked License - KNAJ967-- NEXTEß~J1,Q.a IPwct-Jþ·ôf1P - rJecembër14,2004 . - Page-104 of 131 SMR, 806-82l/85F866 MHz, Trunked License -KNAJ967 - NEXTEL LICENSE HOLDINGS lINC Locations Summary Call Sign KNAJ967 Radio Service YX - SMR, 806-821/851~866 MHz, Trunked 4 Total Locations 10 locations per Summary Page (!g = Special Condition Location Transl1' ltter Address I Area of Operation 1 - Fixed 2 MI N OF MORTON RD BONITA SPRINGS, FL LEE County _.. .. ,............ .rn'PI"."""""'.,H:(''''",r...,,o;.........-.-,.,,...:.,..,...-"...... . ...,~~-...".. . ;;.., ','" .. )'! '''COLLIER coun~ 3 - (ig WAVV TWR 2 MI N OF RT 84 Fixed NAPLES, FL COLLIER County 4 - Mobile 113.0 km radius around a fixed location 1 4 Total Locations 10 Locations per Summary Page Latitude, Longitude Status 26-20-59.3 N, 081-44-53.3 W P r'; "'. ',' ^ ,- ,_¡,,<:'~~ - .'~.~ ,:" '~~·"":'·~1¡M~~~~'rt~~; ~<'~,~',' : ' 7~ ". ", .. f " 26-03-12.3 N, 081';;42~lO.3 W S·' 26-10-58.3 N, 081-34-31.3 W 5 http://wireless2.fcc.gov/UlsApp/UlsSearch/licenseLocSum..i sp ?licKey= 11128 77 &printab Ie 8/12/2004 ULS License - SMR. 806-821/851-866 MHz. Trunked License - KNAJ967 - NEXTE~~ ¡PM~~.o¡f,b - December 14, 2004 . Page 105 of 131 SMR, 806-821/851-866 MHz, Trunked License - KNAJ967 - NEXTEL UCENSE HOLDINGS 1 INC Frequencies Summary Call Sign KNAJ967 Radio Service YX - SMR, 806-821/851-866 MHz, Trunked 30 Frequencies for all locations 20 Frequencies per Summary Page " fS = Special Condition Freq Station Paging Output Maximum Frequency Loc# Ant# ID Class Units Rec. Power ERP 806.00000-821.00000 4 1 1 MO 4 100.000 100.000 856.18750 1 1 1 FB2C 1 120.000 179.000 856.58750 1 1 2 FB2C 1 120.000 179.000 857.18750 1 1 3 FB2C 1 120.000 179.000 857.58750 1 1 4 FB2C 1 120.000 179.000 858.18750 1 1 5 FB2C 1 120.000 179.000 858.58750 1 1 6 FB2C 1 120.000 179.000 859.18750 1 1 7 FB2C 1 120.000 179.000 859.58750 1 1 8 FB2C 1 120.000 179.000 860.18750 1 1 9 FB2C 1 120.000 179.000 860.58750 1 1 10 FB2C 1 120.000 179.000 861.23750 1 1 11 FB2C 1 120.000 179.000 861.51250 1 1 12 FB2C 1 120.000 179.000 861.51250 2 1 1 FB2C 1 120.000 179.000 861.73750 1 1 13 FB2C 1 120.000 179.000 862.23750 1 1 14 FB2C 1 120.000 179.000 862.51250 1 1 15 FB2C 1 120.000 179.000 862.73750 1 1 16 FB2C 1 120.000 179.000 863.23750 1 1 17 FB2C 1 120.000 179.000 863.51250 1 1 18 FB2C 1 120.000 179.000 30 Frequencies for all locations 20 Frequencies per Summary Page http://wireless2.fcc.gov fUlsAppfUlsSearch/licenseFreq S um.jsp ?licKey= 1112877 &printable 8/12/2004 NextelCommunlcatlons . RF Engineering Southwest Florida Market Naples Collier County Government - Planning Services Department Subject: Site Selection Methodology and Justification Agenda Item No. 17D December 14, 2004 Page 106 of 131 12995 South CleVeland Avenue Suite 171 . Ft Myers Fl33912 Phone:(239) 931-4300 Fax: (239)931-4392 Nextel Communications has operated on the existing parcel owned by Pinnacle Towers at 301 Tower Road, Isle of Capri in Naples, Florida since late 1999. The site was designed with three main objectives. One is to provide in building coverage at the intersection of US41/Tamiami Trail and COWlty Road 941/Collier Blvd, in southern Collier County. There are several shopping centers and businesses at this busy crossroads. The second objective is to provide in-ear-grade coverage along US41 and CR951 in that area. As can be seen with the associated coverage predictions, the site is required to provide these coverage objectives and cannot be realized solely with the neighboring sites to FL1750. In addition, the desired mounting height of 234' AGL (above ground level), present on the original tower, is justified as well by considering thè need for coverage to the south towards Marco Island, and also to the northwest towards downtown Naples along US41. Third, this site location was selected in order to provide the necessary capacity to the area to be served.. The existing sites to the east, north, and south (Marco Island) are not able by themselves to provide the necessary level of availability without this site also being present. Sincerely, Steven D. Hall, P.E. RF Engineer Agenda Item No. 17D December 14, 2004 Page 107 of 131 - Predicted Coverage- w/o FL 1750 July 29, 2004 _ -71 dBm In-SuIIdIng Threeholcl -81 dBm In-Cer Threeholcl _ -88 d8m On-Streel Threshold . NBxt8I CommUÑC8t1ol'ls Confidential Proprløt.y r 4' 1- Agenda Item No. 17D December 14,2004 Page 108 of 131 1- - Predicted Coverage- wI FL 1150 July 29, 2004 _ -71 cEIm In-Buldlng Threshold -81 dBm In-CIII' Threshold _ .ea dBrn Qn..street Threshold Nøxtel Communlcldlons CœlllllsllIaI Proprlet.-y ~. ·Mobil~· Agenda Item No. 170 December 14,2004 Þage 109 of 131 T- Mobile USA, Inc. 8100 SW 10th Sl Suite 1000 Plantation, Fi. 33324 Office: 954-693-7100 Fax: 954-693-7200 August 13, 2004 Collier County To Whom It May Concern: T-Mobile's PCS system design has deternúned that a site is required at 305 Tower RD in Naples. The need for this installation is to improve In-carlIn-Building coverage and alleviate our capacity constrains in this area. As part of this letter, I am including propagation plots to further substantiate our lack of In-CarlIn-Building coverage in the area. T -Mobile is the holder of the PCS license given by the FCC in the A3 and D Blocks with ranges from 1860 MHz to 1870 MHz in the receive and from 1940 MHz to 1950 MHz in the transmit. Due to the lack of spectrum, T -Mobile is forced to re-use its channels within our assigned area. With the increase of subscn"bers, T -Mobile is forced to adhere to a severe downtilt program in order to accommodate traffic. The dimensioning of the cells becomes smaller due to downtilting, and cells are split, defined as the installation of additional base stations within each cell depends on the degree of cell density in each area and on the coverage effect of each base-station antenna. Thus allowing us to repeat the channels on numerous occasions by using numerous cells of a small radius, which provide a sufficient signal to noise ratio and a low level of interference with received signals within the coverage area. Attached are predictive analysis plots of the site and specifications of the proposed site and the search ring showing a radius of 1 mile. The plots show the projected propagation prediction of the signal level in dBm that will exist in the indicated geographical areas with and without the candidate site. The ability to collocate on the new Pinnacle tower will enhance coverage and capacity by allowing us to re-use our limited spectrum more efficiently in the Collier County. Sincerely, Ana S. Dones RF Engineer T-Mobile Office (954) 693-7116 SITE INFORMATION Site Coordinates Lat: 26-03-11.50 N Sector A Transmitter Power (Max. output from equipment) Antenna Height Antenna Manufacture Antenna Type Antenna Orientation Insertion Losses Antenna Tilt 43.5 dBm 175 ft EMS RR65-1900DP 30 Degrees 4dB o Degrees NC1006 Long: 8142-10.30 W Sector B 43.5 dBm 175 ft EMS RR65-1900DP 175 Degrees 4dB o Degrees NEIGHBORING SITE INFORMATION Site Coordinates Lat: 26-01-51.21 N Sector A Transmitter Power (Max. output from equipment) Antenna Height Antenna Manufacture Antenna Type Antenna Orientation Insertion Losses Antenna Tilt 43.5 dBm 180 ft ANDREW UMWD-06517-lD 60 Degrees 3.21 dB 1 Degree NCI056 Long: 81-38-27.16 W Sector B 43.5 dBm 180 ft ANDREW UMWD-06517 -lD 180 Degrees 3.37 dB 1 Degree Agenda Item No. 11D December 14, 2004 Page110of131 Sector C 43.5 dBm 175 ft EMS RR6S-1900DP 325 Degrees 4dB o Degrees Sector C 43.5 dBm 180 ft ANDREW UMWD-06517-lD 300 Degrees 3.37 dB 1 DegreE NC 1005 Site Coordinates Lat.: 25-5543.80 N Long: 814342.80 W Sector A Sector B Sector C Transmitter Power (Max. output from equipment) 43.5 dBm 43.5 dBm 43.5 dBm Antenna Height 120 ft 140 ft 140 ft Antenna Manufacture EMS EMS EMS Antenna Type RV65-1900P RV65-1900P RV65-1900P Antenna Orientation 65 Degrees 140 Degrees 355 Degrees Insertion Losses 2.03 dB 2.27 dB 1.60 dB Antenna Tilt 1 Degree 1 Degrees 1 Degree Site Coordinates Transmitter Power . (Max. output from equipment) Antenna Height Antenna Manufacture Antenna Type Antenna Orientation Insertion Losses Antenna Tilt Site Coordinates Transmitter Power (Max. output from equipment) Antenna Height Antenna Manufacture Antenna Type Antenna Orientation Insertion Losses Antenna Tilt Lat.: 26-07-35.40 N Sector A 43.5 dBm 160 ft CSA PCSA065-19-0 o Degrees 2.76 dB 2 Degrees Lat.: 26-06-20.90 N Sector A 43.5 dBm 120 ft CSA PCSA065-19-0 o Degrees 2.92 dB 3 Degrees NCI012 . Long: 81-43-16.80 W SectorB 43.5 dBm 160 ft CSA PCSA065-19-0 120 Degrees 2.67 dB 2 Degrees NCI013 Long: 81-45-48.50 W Sector B 43.5 dBm 120 ft CSA PCSA065-19-O 115 Degrees 2.93 dB 2 Degrees Agenda Item No. 17D December 14, 2004 Page 111 of 131 Sector C 43.5 dBm 160 ft CSA PCSA065-19-0 240 Degrees 2.73 dB 3 Degrees Sector C 43.5 dBm 120ft EMS RR65-1900-DP 285 Degrees 2.98 dB 2 Degrees 1- - -----.- Agenda Item No. 17D December 14, 2004 Page112of131 Search Rin2 (or NC1006 .,' " ~..-.... ...~w· " -' ! ,~, , ~. ~) I , / " , I I " ',' " .~ r-' r ,I I ·.·1· ~" ) '''1101 11., I /. t ~~-~~~~-- - - .. . - -.. ~ . ~..-..=. . " . 1I.~,:....,......~q_lfU~~·'W~.'. ~}." Agenda Item No. 17D· Decernber14.2004 Page 1130f131 CONFORMING (YES)lliQ) _ AVAILABLE (YES)(NO) _ ZONING: AG For Official Use Only TSP PLAN NO. TOWER SITE SHARED USE PLAN (TSP) FOR: Pinnacle Towers. LLC by its ManB2er Global Silzna1 Services. LV 1. This plan (is)(is not) associated with any tower shared use plan(s). If associated, the Tower Shared Use Plan(s) islare number(s) 2. Zoning classification of tower site is: amculture. 3. This tower site (is)(is not) ovvned by a government. This tower site (is)(is not) perpetually unavailable. 4. This tower site is a (pennitted)(conditional) use. 5. This tower site (is)(is not) an essential service conditional use site. 6. The effective date of the original acceptance of this plan by Collier COWlty is N/A. This plan has been amended as follows: (List all pages amended after original execution and acceptance: 7. This tower site @)(is not) a non-confonning land use. 8. The size (acreage) of the subject site is: 14.55 acres. 9. Location of tower site: Street address is: 305 Tower Road. LongitudelLatitude of tower site is: 26-03-11.32/081-42-10.40. Agenda Item No. 17D December 14, 2004 Page 11-4 of 131 ~egal Descriution of site: . A tract of land in the Southwest 1/4 of Section 3, Township 51 South, Range 26 East, Collier County, Florida, being all of certain tracts described in Official Records Book 165, Pages 54 and 56 of the deed records of said Collier County, Florida. ·Said tract of land being more particularly described as follows: Commencing at the southwest comer of said Section 3; thence along the West line of said Section 3 North 00°00'15" West, 920.69 feet to a concrete monument found at the Northwest comer of a certain tract of land described as "General TV Tract" in said Official Records Book 165, Page 54; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89°52'30" East, 799.84 feet to a concrete monUment found for the POINT OF BEGINNING; thence along the Easterly line of the land described in said Official Records Book 165, Pages 54 and 56, South 00°00'15" East, 604.76 feet to an iron pin set in the Northerly right- of-way line of Tower Road for the Southeast comer of tract herein described; thence along said Northerly right-of-way line, the following five (5) courses: (1) South 75°26'40" West, 21.01 feet to an iron pin set; (2) along a curve, concave to the Southeast whose elements are: central angle of 59°20'09", radius of 105.00 feet, arc length of 108.74 feet and a chord that bears South 45°44'36" West, 103.94 feet to an iron pin set; (3) South 16°04'49" West, 183.34 feet to an iron pin set; (4) along a curve, concave to the Northwest, whose elements are: central angle of 74°04'31", radius of 45.00 feet, arc length of 58.18 feet and a chord that bears South 53°10'20" West, 54.21 feet to an iron pin set; (5) North 89°48'15" West, 341.90 feet to a concrete monument fOW1d at the Southwest comer of a certain Parcel "A" described in said Official Records Book 165, Page 55; thence along the Westerly line of said Parcel "A", North 00°03'32" West, 178.61 feet to an iron pin set at the Northwest comèr of said Parcel "A", being also in the Southerly line of said "General TV Tract"; thence along said Southerly line North 89°47'21" West 268.79 feet to a concrete monument found at the Southwest comer of said "General TV Tract", also being in the West line of said Section 3, being also the Southwest comer of said tract herein described; thence along said Section line, being also the Westerly line of said "General TV Tract", North 00°00'15" West, 712.23 feet to a concrete monument found at the Northwest comer of said "General TV Tract", being also the Northwest comer of the tract herein described; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89°52'3()" East, 799.84 feet to the POINT OF BEGINNING. 15. Agenda Item No. 17D December 14, 2004' Page 115 of 131 10. Site Survey. Provide a boundary survey, signed and sealed by a professional surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights-oi-ways, areas dedicated to the public, existing buildings, towers and/or accessory facilities. 11. Name(s) of all owner(s) of the tower site: List the names of each and every co-owner of the tower site. If the tower site is co-owned by two or more owners, or any individual entities, the full name of each co-owner individual or entity must be specified in full. Add an addendwn if needed. Pinnacle Towers. LL<? a Limited Liability COJ:POration. Contact Person: Brett Buglleln. Director of Construction. Real Estate and Collocation. List the name of the individual(s) associated with owners that County Staff can contact to administer the Plan. Steve Smith. Mike DeBoer. Karin Jackson. Brett Bugge1n. Mike Ball. Nina Bauman. Robert White. The following individual or individuals are hereby authorized by owner(s) to file amendments to this plan: Steve Smith. Mike DeBoer. Karin Jackson. Brett BUlZlZeln. Mike Ball. Nina Bauman. Robert White. 12. Phone Nwnber(s) of Owner(s): 941-364-8886. r 13. Tower Site Limitations. List site limitations or constraints if any, that may limit or prohibit the construction of additional towers, tower sites, buildings, and accessory facilities. All such alleged limitations or constraints must be approved by the County. There was an existing tower on the parcel owned by Pinnacle Towers LLC that was destroved in an accident on Jul; 12. 2004. A Conditional Use Petition is fùed with Collier County for a 518' reDlacement tower. The DroDosed replacement tower provides for at least two future co-location oDportunities. 14. Site Plan. Each Tower Site Plan shall include a copy of the approved and/or amended Conditional Use Site Plan and the approved and/or amended Site Development Plan for the subject site. Elimination of the Conditional Use Site Plan and/or Site Development Plan as required shall result in a disapproval of the plan. Miscellaneous Relevant Information: This 14.55 acre site had a 524 foot tower existing at this site Drior to an accident on July 12. 2004. A Conditional Use Petition is fùed with Collier ëounty for a 518' replacement tower. The proposed reDlacement tower Drovides for at least two future co-location . opportunities. See attached listing for replacement/future antenna locations on tower. Collocation OPDortunities shall be verified throullh structural analvses. Agenda Item No. 170 Oecennber14,2004 Page -116 of 131 CERTIFICATION BY OWNERS It is hereby stipulated to Collier County that the persons signing this shared use agreement have full power and authority to execute this plan on behalf ofthe owner(s). It is hereby stipulated and agreed that this plan is and shall be binding on any and all successors or assigns of the tower site owner(s). It is agreed that if the . owner(s) sell or otherwise transfer ownership or leasehold interest or assignment of any lease by any tenant of the subject tower site and/or accessory buildings and facilities, that all successor owner(s) or assignee(s) shall be required by the owner(s) to become signatories to this shared use plan by addendum hereto. It is further agreed that no additional tower site, accessory building and/or facility shall be added to this tower site except in accord with this shared usé plan as then amended. It is agreed that the owner(s) will promptly reply to all inquiries from others regarding possible use of the subject tower site, will negotiate in good faith to accommodate the needs of the inquiring person, and will otherwise comply with all provisions of Section 2.6.35 of the Land Development Code, the Collier County Communications Tower Ordinance, as then amended. SIGNATURE Blocks Signature of Property Owner - ~øL- Bre ug . Director of Real Estate and Collocation ( Pinnacle Towers LLC by Global Signal Services LLC its Manager. Agenda Item No. 170 December 14, 2004 Page 117 of 131 Pinnacle Towers LLC by its Manager Global Signal Services, LLC Forrner524'TowerMap Level Tenant 524 NAV FAC ENG COM 516' CINGULAR INTERACTIVE, L.P. 448' U.S. COAST GUARD 309' WEBLlNK WIRELESS I, LP, A TEXAS l TD PART 305' WEBLlNK WIRELESS I, LP, A TEXAS L TD PART 250' CINGULAR WIRELESS LLC 235' NEXTEL COMMUNJCA TIONS 220' METRO PCS CALlFORNIAlFLORIDA, INC. 199' WJG MAR/TEL 190' METROCALL, INC. 175' VOICESTREAM PCS 125' FLORIDA GULF COAST UNIVERSITY I WGCU-FM 87' FLORIDA GULF COAST UNIVERSITY I WGCU-FM 75' FLORIDA GULF COAST UNIVERSITY I WGCU-FM 15' WEBLlNK WIRELESS I, LP, A TEXAS L TD PART 5' METROCALL, INC. Agenda Item No. 17D December 14, 2004 Page 118 of 131 Proposed relocated antennas lIv.1 T .nant ' 518 U.S. COAST GUARD 516' CINGULAR INTERACTIVE, L.P, 500 NAVFACENGCOM 475 U.S. COAST GUARD 448' U,S. COAST GUARD 435 U.S. COAST GUARD 340 FLORIDA GULF COAST UNIVERSITY I WGCU-FM 318 RENDA BROADCASTING OF NEVADA 309' WEBLlNK WIRELESS I, LP, A TEXAS LTD PART 305' WEBLlNK WIRELESS I, LP, A TEXAS LTD PART 300 RENDA BROADCASTING OF NEVADA INC. 275 FLORIDA GULF COAST UNIVERSITY I WGCU-FM 250' CINGULAR WIRELESS LLC 240 NEXTEL COMMUNICATIONS 220' METRO PCS CALlFORNIAlFLORIDA, 200 NAV FAC ENG COM 199' 1= IIfll rp 190' METROCALL, INC. 178 VOICESTREAM PCS 160 Future --~-- i' ...J I :-¡ I I ~J i I, s - ill H ~J' lid!I~; a: ~II f~* I~ iJv(I (ill "'l- I I . ~o III al II I -g i !¡ill!!1 ~~ I; }.. Oi C) ~- . .1'1 -I I I I"f ul "Ia · II "t,'" I I 11,1;;'11:'; I ~ s s , I 1!"liI I ~iflt; II. I II I IIIIJIIII~' Ö I I I S ! i ! " I liil,;fl~:iJ 0 I II ! I ~ ~ I. i · r rllll- ª . . II II I .II, I¡¡U.I ~i I & ~ ~ - t :¡ 1 :t 1 I _hi'.. ~III In &, ¿ ..It hi i' ~rlJ ! 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I ~ III ;iI~ II z 111 I~ ~ I II Q ~ II N. ~ - 1111 I'I II! 1"':1 I II' till I I 1111 ~. _" l ïÜ I. !!.;¡; II .11 z I 111 ,. I=.~ ..II nil ill· . ·91 If II !I Ilf 111- I~ ~ t II ' I - ~ -.... . ...... 1111 III II! I":' I II" Iii I I I 'II ~. '" ..._-,~~-_._,.,.".''''._.>.,,-_.~-~'~ r- FW; Who is the main contact for the County's Public Sa.tety Radio Service'U reply Agenda Item~e f[)}f 3 December 14, 2004 Page 129 of 131 Deborah L. Martohue ---···-----·------·-·~·-------------.-~._~__~__R_._~. From: Korba, Claudene [CKorba@GSignal.com) Sent: Tuesday, September 09, 2003 8:38 AM To: JohnDaly@colliergov.net Subject: FW: Who is the main contact for the County's Public Safety Radio Service?/ reply Hi Mr. Daly, Dan Summers has referred me to you, per the communication I sent to him in the first e-mail here. I've attached a letter to help explain why I'm contacting you. I hope there are some possibilities for this new tower situation or for infrastructure you may need in other locations, and look forward to talking with you soon. «Naples Users letter_Collier County Public Safety. doc» Sincerely, Claudene C"udene W. Korba DtF9dor, Narrowband Program Pinnacle Towers, Inc. 301 North Cattlemen Road, Suite 300 Sanllotl,FL 34232 DeskJDlrect Line: (941) 308-5207 Toll-Frae: (888) 748-3482, ext. 5207 Fax: (941) 308-4107 Mobile: (941) 928-1741 Text: 9419281741 GmobHe.8llnet (150 char. or less) Ems": ckorbaCplntoweB.com --0riginal Message-- From: SummersDan [mailto:DanSummers@colliergov.netJ Sent: Tuesday, September 09, 20038:33 AM To: 'Korba, Claudene' Subject: RE: Who is the main contact for the County's Public Safety Radio SeN lce?/ reply Ms. Korba You may contact Mr. John Daily with Collier County 8/25/2004 Agenda Item No. 17D December14,2004 Page 130 of 131 ~ PINNACLE TDw.,.,lnc September 9, 2003 John Daly Information Technology Department Collier County 3301 Tamiami Trail East Bldg. F, 5" Floor· Naples, FL 34112 VIA E-MAL & CERTIFIED MAIL RE: Proposed Construction of New Wireless Antenna Tower Pinnacle Site I.D: 0117..Q0.4 Pinnacle Site Name: Naples (Tower Road) New Site Address: 305 Tower Road. Naples, FL New Site Coordinates (1A Tolerance): 2603 11.32N; 81 42 10.4OW (NAD 63) New Site Tower TypelTower Height Guyedl700' Dear Mr. Daly: Dan Summers of your County Emergency Management department has referred me to you, as did the PIC of the Sheriffs office. Pinnacle Towers Inc. (-Pinnacle") is constructing a new wireless communications antenna tower with multi-user capacity located as referenced above upon receipt of approval from Collier County and receipt of any and all other govemment approvals. This new facility will be available for collocation on a first-Come first-serve basis subject to structural review and confirmation of available antenna centerilnes and separation from other users. Pinnacle would welcome your interest in and collocation at this site to completely utilize this infrastructure and serve any needs you may have. We would also be very interested in partnering with you on other infrastructure needs for you and the County. Please contact me at (941) 308-5207 (office), (941) 928-1741 (mobile) or ckorba@pintowers.com to discuss how we could be of service to you. I hope to talk with you soon. Sincerely, Claudene W. Korba Director, Narrowband Program Pinnacle Towers Inc. COLLIER COUNTY AIRPORT AUTHORITY 2003 Mainsail Drive Naples, Florida 34114 (239) 642-7878 Fax (239) 394-3515 Agenda Item No. 17D December 14,2004 1 of 131 """' ~ AlRPO#... ~... '~ c;,¡ ~ f6 ~ 3 !! o .., t,;Þ ~ www.collierairports.com ~ECEIVED October I. 2004 OCT 4 ?"(\~ ZONING DEPARTMENT Mr. Michael Bosi Collier County Zoning and Development Review 2800 No. Horseshoe Drive Naples, FL 3410 I RE: CU-2004-AR-6464 Pinnacle Towers, Tower Rd, Site Project No.: 200306004 I Dear Mr. Bosi: This office has been notified of the proposed construction of the 518 ft. communications tower, approximately 3nm, nnw of the Marco Island Executive Airport. It is our understanding this is being constructed to replace a previously collapsed tower that had been located along and adjacent to the instrument approach path to runway 17. Tbis instrument approach procedure utilizes both a VOR and GPS "step-down" approach procedures for runway I 7. In 1995, a jet aircraft: on a similar instrument approach, struck a guy wire of the then existing tower resulting in a crash killing both occupants. By this letter ( am indicating my concerns about this proposed project. .. Very tru, ly yOl~' , , ' --- . ' ~~'" -\¿._~........ ¿¡~~e ~chmidt '.~xecutive Director Collier County Airport Authority Cc: Bob Tweedie- Marco Island Airport Manager Robin Doyle, Chainnan, CCAA o "'11'<:0 IlIand Exac:utive Airport 2003 Main..i! Drive Naples, Fl 34 1 , 4 (239) 394-3355 (239) 642-5427 Fax o Immokalee AagIon8l Airpoirt , 65 Airport Boulevard Immokal.8, FL 34120 (239) 657·901)3 (239) 557 -9' 91 Fax o Evergl8d8.Alrperl< PO Box sag 8S0 E,C, Airperl< Reed Everglad" City. FL 34139 (239) 695-2778 (239) 69S·355e Fax Agenda Item No. 17E December 14,2004 Page 1 of 34 EXECUTIVE SUMMARY DRI-04-AR-6469, Lucky Strike MK, Inc., represented by R. Bruce Andenon, of Roetzel & Andress, LP A, requesting an amendment to the Green Heron Development of Regional Impact (DRI) Development Order by extending the termination date from February 7,1999 to January 1, 2009 for property located on the north side of Radio Road (C.R. 856) and approximately one- half mile east of Santa Barbara Boulevard in Section 33, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners review the request to amend the Green Heron DR! Development Order (DO) in order to extend the tennination date as noted above and to ensure that the community's interest is maintained. CONSIDERATIONS: -- The original Development Order for the 22-acre Green Heron DR! was approved on February 7, 1984 (00-84-2) as a residential project pennitting a maximum of 1,188 dwelling units. The approved DO contained a provision to set a tennination date of fifteen (15) years from the effective date of the DR! in 1984. This resulted in a tennination date of 1999. Because the Regional Planning Council failed to notify the developer that they had exceeded the tennination date, the petitioner was not required to apply for an extension until the County notified them that the tennination date had expired. Consequently, the petitioner is now proposing to change the Green Heron Development Order to extend the tennination date from February 7, 1999 to January 1, 2009. This extension is consistent with Chapter 380.06(19)(c) F.S. and is not considered a substantial deviation. It should be noted that this project was approved as a DR!, therefore, the time limit restrictions for the Planned Unit Development (PUD) zoning are superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of the Development Order. In 1989, the Green Heron PUD Master Plan was amended, but not the DO, to replace one 18-hole golf course with the CWTent open space and lake system. In March 2001, the Green Heron PUD/DR! was split into two separately owned developments: Sapphire Lakes and Blue Heron, neither of which is physically interconnected to the other. Sapphire Lakes is completely built-out and self-governed by the residents. Because the Blue Heron development is under construction, the petitioner is required to apply for the extension of the DR! termination date. The Regional Planning Council also approved on June 21, 2001 their staff recommendations for a Notice of Proposed Change. This insubstantial change detennination was approved to allow a second ingress/egress point at the easterly end of the project. The Regional Planning Council staff report indicated that a reassessment of the DRI is not necessary due to the change not creating a reasonable likelihood of additional regional impacts. DRI-04-AR-6469, Green Heron DRI 1 Agenda Item No. 17E December 14, 2004 Page 2 of 34 FISCAL IMPACT: This amendment to the Development Order is only to extend the tennination date from February 7, 1999 to January 1, 2009. Because the Green Heron DR! project had exceed.ed. its tennination date, the Southwest Florida Regional Planning Council (SWFRPC) determined. that the petitioner could apply for an extension from the elapsed. termination date. Therefore, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was detennined at the time the property was rezoned. to PUD. In addition, the County collects impact fees prior to the issuance of building pennits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted. levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Approval of this amendment to the Green Heron Development Order will extend the termination date from February 7, 1999 to January 1,2009. If the project is not built out by the new termination date (if approved), then the petitioner will have to apply for another extension at that time. Therefore, this amendment will not have an adverse impact on the Growth Management Plan. ENVIRONMENTAL ISSUES: The Environmental Review Staff has recommended approval since the petition will not cause any impacts to any wetland preserve area. ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION: Since this petition is only to extend the tennination date, this petition was not required to go to the Environmental Advisory Council. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: The SWFRPC heard the Notice of a Proposed Change to a previously approved. Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes. The Notice of Proposed Change (NOPC) and the staff assessment for the Pine Air Lakes NOPC were adopted by the SWFRPC without changes in October 29,2004. The Regional Planning Council adopted. the following findings prepared by its staff: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional impacts, and that the Council participation at the local government public hearing is not necessary. 2. Request Collier County provide a copy of the proposed DO amendment and any related materials to the Council in order to assure that the Development Order is consistent with the NOPC. ,.,-' DRI-04-AR-6469, Green Heron DRI 2 Agenda Item No. 17E December 14, 2004 Page 3 of 34 DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs has not written any correspondence objecting to the Notice of Proposed Change (NOPC) to the extension of the termination date for the Green Heron Development of Regional Impact (DRI). The applicant is proposing to extend the termination date from February 7, 1999 to January 1,2009. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the change listed above is deemed to be consistent with the regional goals, resources and facilities as previously detennined through the DRI process. As a result, this petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(f) 4., F.S., the Department has not objected to this NOPC. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on December 2,2004. The CCPC voted 8 to 0 to forward petition DRI-04-AR-6469 to the Board of County Commissioners with a recommendation of approval. The Planning Commissioners found this petition to be consistent with the GMP and with the findings of the Southwest Florida Regional Planning Council. Because staff has not received any calls or letters of objection, this petition has been placed on the summary agenda. ,,- RECOMMENDATION: That the Board approve Petition DRI-04-AR-6469 as otherwise described by the amending DRI Development Order resolution included in this Executive Summary. PREPARED BY: Raymond V. Bellows, Manager Department of Zoning & Land Development Review ,',...-. DRI-04-AR-6469, Green Heron DRI 3 Item Number Item Summ.ry M_ng Dat. At";::~:= 1~o'26~ Page 4 of 34 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17E This îtem n,Quires that aU participanl\ be sworn in and ex parte disclosure be provided by Commission members. DRI-04-AR-646Q, lucky Strik.e MK, loc., represerrted by R. Bruce Anderson, of Roellel & Andress, LÞA, requesting on amendment 10 the Green Heron Development of Regional Impact (DRI) Davelopment Order by extending the termination dale from Febmary 7, 1;99 to January 1 , 200; for property located tin the north side of Radio R.oad (C.R. 856) and apprmommely one-ttol1 mile east of Santa Barbara Boulevard 111 Section 33, Township 49 south, Ran!;!!!: 26 East. Collier COílnty, Flond ]. , 2/14/2004 9:00,OD AM Prep....d By Chief Planner 11/19/20044:12:19 PM R.y BelloW8 CommunJty Oevelopment & Elwìronlnantal Services Dot. Zoning & Land Development Review Approved By Chief Planner Oah! ROIlY Bellows Community Development & Environmental Service. Zoning &. Land Oevelopm..nt RØYiew 11f11f{2004 4:12 PM Cunttano::e A. Johtuaoll Date Approved By community Oevelopmont & Environmental Service. Opetations Analyst Community Oev.lopmt'lnt & Environmental Sefvicl's Admin. 111191200.4 .4:16 PM Approved By Zcnino & Land Development Dir~or Date Susan Murr.y, AICP C'.ommul'\fty )flvclopm~n & EnvironmCl'nt.1 Sr.rvl<.e8 Zonint¡ &. Land Devllllopment Review 11/l:í!/2004 12:06 PM Joseph K. Schmitt Dot. Approved By Community Development" Environmental Service. Community Oevttlopment & Envlronn1llmtal S~N¡celll Adrl'lil\8tratDr Community Devfllopment & Environmental Servk:es Admin. 11/22/20048:29 PM Approved By Transportation DìvisiDI'I Adminlstrato' Dot. Norm E. Feder, AICP Tran.portion Saorv¡CI!IS Transportation ßervlços. Admìn. 121312004 6: 29 AM OMS Coordin;¡tor Admìnilrlratlvc A$sis1ant Dot. Appro...ed By County Manager's Onlc:e onic:e of ManugeM"t8nt & Budget 1213120044:14 PM Mar1c lsac_.on Budget Analyst Dm. Approved By County Manager's Otfie« Office of Manager'l'Mtnt & Budget 121812004 5:01 PM Mi<:hae Smykow51d Man.vernent & Bl.ldgflt Director Dot. Approved By Counly "".,"..oaf'" O1rict! Office 01 Man.a Jl!rnent & BudD'" 12n12004 8:1& A.M Approved By James V. Mudd Board O'f County Conunl$$ioneNi CClmlY Mana Jp.f Dlltf\ C(lunty Mlllhuger'. Office 1:ZnlZU0411;;21 AM Agenda Item No. 17E December 14, 2004 Page 5 of 34 Co1Ñ:~ County - ~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: DECEMBER 2,2004 RE: PETmON NO: DRI-04-AR-6469, GREEN HERON DRI AGENT/APPLICANT: Agent: R. Bruce Anderson Roetzel & Andress, LP A 850 Park Shore Drive Naples, Florida 34103 Owner: Michael Kessous, President Lucky Strike MK, Inc. 1100 Pine Ridge Road Naples, Florida 34108 REOUESTED ACTION: This petition seeks to amend the Green Heron Development of Regional Impact (DR!) Development Order (DO) in order to extend the tennination date from February 7, 1999 to January 1, 2009. GEOGRAPHIC LOCATION: The subject site is located on the north side of Radio Road (C.R. 856) and approximately one-half mile east of Santa Barbara Boulevard in Section 33, Township 49 South, Range 26 East. (See the location map on following page) PURPOSE/DESCRlPTION OF PROJECT: The original Development Order for the 22-acre Green Heron DR! was approved on February 7,1984 (DO-84-2) as a residential project pennitting 1,188 dwelling units. The approved DO contained a provision to set a tennination date of fifteen (15) years from the effective date. This resulted in a tennination date of 1999. The DO also provides that any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date may be completed, if approved by the County. The Board of County Commissioners (BCC) upon the recommendation of the Southwest Florida Regional Planning Council (SWFRPC) may also extend this Development Order. DRI-04-AR-6469, Green Heron DRI 1 Agenda Item No. 17E December 14, 2004 Page 6 of 34 Because the Regional Planning Council failed to notify the developer that they had exceeded the tennination date, the petitioner was not required to apply for an extension until the County notified them that the tennination date had expired. As a result, the petitioner is now proposing to change the Green Heron Development Order to extend the tennination dateftom February 7, 1999 to January 1,2009. In 1989, the Green Heron PUD Master Plan was amended, but not the DO, to replace one 18-ho1e golf course with the current open space and lake system. In March 2001, the Green Heron PUD/DRI was split into two separately owned developments: Sapphire Lakes and Blue Heron, neither of which is physically interconnected to the other. Sapphire Lakes is completely built-out and self-governed by the residents. Because the Blue Heron development is under construction, the petitioner is required to apply for the extension of the DRI termination date. The Regional Planning Council also approved on June 21, 2001, staff recommendations for a Notice of Proposed Change. This insubstantial change detennination was approved to allow a second ingress/egress point at the easterly end of the project (Exhibit A). The regional Planning Council staff report indicated that a reassessment of the DRI is not necessary, due to the change not creating a reasonable likelihood of additional regional impacts. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: On October 29, 2004, the SWFRPC heard the Notice of a Proposed Change to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes. The Notice of proposed Change (NOPC) and the staff assessment for the Green Heron NOPC was adopted by the SWFRPC without changes. The Regional Planning Council adopted the following report prepared by its staff: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional impacts, and that the Council participation at the local government public hearing is not necessary. 2. Request Collier County provides a copy of the proposed DO amendment and· any related materials to the Council in order to assure that the Development Order is consistent with the NOPC. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs has not written any correspondence objecting to the Notice of Proposed Change (NOPe) for the Green Heron Development of Regional Impact (DRI). The applicant is proposing to extend both the termination and the build-out date ftom February 7, 1999 to January 1, 2009. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the change listed above is deemed to be consistent with the regional goals, resources and facilities as previously detennined through the DRI DRl-04-AR-6469. Green Heron DR! 2 Agenda Item No. 17E December 14, 2004 Page 7 of 34 process. As a result, this petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(f) 4., F.S., the Department has not objected to this NOPC. STAFF REVIEW: Development authorizations contained in DR! Development Orders are prerequisite to zoning actions that implement DR! land use authorizations. DR! Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rnles. Specifically, those relationships include questions that an applicant is required to analyze and report on as part of his Application for Development Approval (ADA). Amendments as described by the Notice Of Proposed Change (NOPC) deal with those same questions in the event they become applicable. To the extent they are applicable they become part of the technical data submitted as part of the NOPC. It is thatinfonnation which upon review by SWFRPC concluded with a finding that the proposed changes do not create additional regional impacts or regional impacts not previously reviewed This conclusion is essentially one that says the extension of the tennination date to 2009 is insubstantial in nature. Similarly, the Department of Community Affairs (DCA) has not objected to the proposed change and they indicate that the change is insubstantial. Furthennore, the proposed revision to extend the termination date will not adversely impact any adopted level of service standard. Staff is of the opinion that this amendment will not adversely impact the development strategy for the Green Heron PUD or affect adjacent properties as depicted on the aerial photo below. STAFF RECOMMENDATION: DRI-04-AR-6469, Green Heron DRI 3 Agenda Item No. 17E December 14, 2004 Page 8 of 34 That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DRI-04-AR-6469 to the Board of County Commissioners (BCC) as described by the amending DRI Development Order resolution included in this Staff Report. PREPARED BY: RAYMOND V. BELLOWS, MANAGER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SUSAN MURRAY, AICP, DIRECfOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITI, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE DRI-04-AR-6469. Green Heron DRI 4 w"t'<t /,-0(") ~o_ ."'10 o -0) Z:,!W E....O> wwro -.Do... -E row l:J(.J C:w ~O <t: - ~ i ~ \1 , / ~.. 3~ ,@E111.l11 / CI b- r-- /> ,.... ..... \ .... ,...... ....... "- ~f=:. z< .... ..... h 0 ........... ~ t: ~ ~ ,..... > } ........ ...... ..>\ ...... ....... ........ -j , '- g') .... < .....>,, ....\< }, ......, ) / I-- \ ,> .... ...../» ..... .... ... ~ l!- .............~j>,/ ..... ~ I ~J;.d' ..·.·····1/, ..... ...... ~ .....y} ~-!.< 00;8 "''''~- 0.": ...... ......... Y< I }~ ~\, ,} '<>,' .... I § n-t. ~ TV ,2> <) ~ "- ..... ~ ~ , if./.2\ ~ ..... (" - ¡- ~ ~'V ..... ",... -- II \.-.p). ? ..... ) ~þ ;; ~ If,:R-.-'·· ....... ¿$~fi~ , ;- , J.i< ~«~ ~ ' "-rl I~ (( -....::::p'0Ult . ..... ~~ .... .." rd t != þ~.,TjiÞJ·.]!IT;fif< .... .J¡fjff -'" .2] ill 1111111\"'- ."'-.";1 ~, ~! ~ ~ ~ WlU II II ^ ! í ~~~~-~,<'.... ~.~ ¡:: \\ ~ lú ~ -!"f\R~~ ~ ~\ lì,/ ~~ v) ~ ~ ! ^) \.,l#:M '--- ~~ 60h(j~u. '<TVI/IIII II l-4~ ~l)\ ~ i ~ i ør:.C T/W'aS OJ. ¡ON I - -.- I ~ ¡ 5~ . . ¡ ~i'" ~ II ~ ~ i¡' ~ ~ 5~ i :" ~~ ~ I~ " i ! ~ ~ 3 " I! I 00 ~~~ ! ~ j ~ iS~t: ~ ~ g~~ I i ow^""""" ~, . ~ ~~ ;¡ ~~ æ ~ _t.nIOO ISI"I1OO ,.."" :::: ~ ~ ~. ~~ ~ ~:;J ~I :: ~ VIi ~ ~b ~ ~ ~~§ I¡~ "~b .~e a. ~~ ~ ~ < ~~ ~. ~~ ~. ~ão d ::iE ~~ ~§ ~ ~¡ ~ {~ fr i~ ·s ~ Z 0 - ~ < Ü 0 .....J ¡;; - ~ 5~ ðc I' ~I- ~~ -~!i ~ . 5" ~~~ IJ.. ilJ.VJ8&.LN ~ i ~ ~ ~ ~ ~ """"""""""'"' a. < ::iE w ~ - en Q) <0 ..,. <0 . a: < . ..,. o o N , < o o 'II: z o l- I- W Q. (i) Agenda Item No.·17~- DOA-2004-AR-ð4øember 14, 2004 PROJECf #19990191 Page 10 of 34 DATE: 9/27104 RAY BELWWS APPLICATION FOR PUBLIC HEARING FOR DR! AMENDMENT - 00 AMENDMENT PETITION NAME: DATE: COORDINA 11NG PLANNER: Luckv Strike MK. Ine. and Luckv MK.lne. {])eyeloøer\ t. Name of Applicant (s) 1100 PiDe RicIn Road City Naoles Applant's Mailing Addrea FL State Zip 34108 AppUc:aDt's E-MaIl Address: Applicant's Telephone Number:Res: BIIS.: (239\ 64!Þ-I230 FaX#: (139\ 649-4237 Is the applicant the OWDer or the subject property? ~ Yes 0 No 0 (a) ~ (b) 0 (c) g (d) 0 (e) o (I) If applicant Is a land trust, so Indicate aad ..... beDeftdari.. below. If applicaDt Is corporation otller th.. 8 pnblic corporation, so indicate aDd ..me officers and major stoekholden below. If applicant Is a partDenblp, limited parblersbip or other .siDess eDUty, so In date .nd ....e priacipals below. If applicaDt if aD OWller, iDdlc.te n:actly .. recorded, aad list aU other oween, If any. If .ppllcant if. lessee, attach copy of leue, a.d indicate .ctual OWDen if Dot indicated on the lease. If applicaDt Is . contract purcbuer, attach copy or contract, and Indicate actual oWller(s) name and address below. Luckv Strike MK - Owner - Sanc:tuarv Proiect -100% OwnenhiD bv Mlebael Kessoas Luckv M.I(. - Owner - Blue Heron Prolect. 100% OwnenllliD bY MI." Kenou. (If space Is inadequate, attach on separate page.) 1. Name of Alent R. Bruce Anderson. ESQ. Firm Kaetzel &: Andress. LPA City Naoles Agents Mailing Address 850 Park Shore Drive Zip 34103 State FL Alent's E-Mail Address:bandersonCi2ralaw.com Telephone Numbers: Res.: Bus. (239\ 649-2708 Fad: (139) 261-3659 . ,_,w,,,,,_··w,,w··' Agenda Item No. 17E December 14,2004 Page 11 of 34 3. PUD ORDINANCE NAME AND NUMBER: GreeD HerQn 8IkIa SaDDbire Lakes ffiRI 83-1) PUU 95-30 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attacb on Separate page. If request involves change to more than one zoning dls~t, include separate legal description for property involved in each district. If property is odd- shaped, submit fIVe (S) copies oftbe survey (1" to 400' scale). Please see "Exbibit A" consisting of portion ofPUD owned by AppUcant. THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORREeI' LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECI'ION 33 TOWNSHIP 49 Soutb RANGE 26 East ~ Address or location of subject property 6. 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). NO 7. TYPE OF AMENDMENT: o o 181 A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Lanllaage Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: 181 Yes 0 No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? NO PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN 181 SOLD and/or 181 DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? DYes 181 No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARy). Agenda Item No. 17E ** Section 1.7.2.3.2 (3) of the Land Development Code requtm aa applieant to remove t~r 14, 2004 hearing advertising sign (s) after nnal action is taken by tile Board of County Commlai~erfage 12 of 34 Based on the Board~s nnal action on this item, pleaae remove all public bearing advertisiDg sl pl (s) Immediately AFnDA VIT ~ Ji l'LúJl e.L k 12 ~ 0 ~ boing Ant daly....... depoIe.....y that I aID the OWDen ~t ;de property deserlbed heretn wbieb is the subject matter of tIIIe proposed hearinl; that all the aDswen to the quesdons in tbls applicadon, and all .ketches, data, and other sapplemeatary ..tter attacbed to aad made a part of this applleatioD, are bonest aad true to the best of my knowledae and belief. I uaderstaad this application mast be completed and acqrate before a hearinl can be advertised. I further permit tbe iped to act .. our rep......tative .. au)' matte rdiag this Petition. "' \ \. " "- State of Florida '-.-/ County of Comer County BCC The foregoing Application was aekDowledled before me tbis .2b ~ Day of S~~ .200£ by /11 ,è.1t»e1.. ~:r5()t.(..s , who is personally knoWII to ae or wllo has produced rJ.D~;J,. J)e.uieA. Me~~ .. Identineation and wbo did (did not) take an oath. ,e~~.~ (Silnature of N ry Pa i el/¡¿O/... ;:r. If.f/j,J NOT ARV PUBLIC PUD/DO Application 4/2003 ----.-------- .- r ,,",'''''''k'''__";_'~'"''^''__ Agenda Item No. 17E December 14,2004 Page 13 of 34 2951519 OR: 3002 PG: 2086 UCOIDID b omcru DceDS af caLIrII. conn n/1l/2HZ It 12:14" men I. 1_, CUB ,rr. COIl 311"" . II ac m 11.51 1aC-.T' ZlII.... TlÚlluslnameat pNJllU'ld by IIDd return 10: JANE YEAGER. CHEPPY, Adoraey at Law 2375 T8IIIÌIIIIIi Trail NOItb. Suite 310 Nçles. PIGrida 34103-'4439 ~ ~1)263-1130 Fu: (941) 263-3827 I.a: lUI DIGII CUlII 23T5 tIIIIII !I I '31' uno n um Properly AppI8isers Pm:elldeatificatioa Number: SPACEABOVE'11IISLnŒPOR.RECORDINGDATA THIS WARRANTY DEED made andaxecuted the~ day ofMarch. A.D.. 2002, by NAPLES ASSOCIATES, an Ohio geaeral partunldp, (hereiDabrcallecl1he '"Grantor"). to LUCKY STRIKE· M. K., INC., a Florida corporatloll, wbose mlU1Üt8 address is: 1100 Pine Ridge Road, Naptes. Florida 34108, (hereinafœr caned the "Grantee"): (Wbcrever used Iu:Icia the tenns -Gnmor'" IDd -Grantee- iGclude a111be pudes IÐ IhØ iaIIrumaIt ..s 1be beks.lcp1 nprcseIIIativa lad asipa ofiadmduall, 8Dd die I1ICCCSIOIII ad _.. orCOlpOAdoIII.) WD'NESSETH: That the Grantor. for and in caasidaration of the sum of S 10.00 and other valuable considerations. receipt whereof is hereby acknowtcdged, by these presenll does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee. all that certain land and all improvements thereon situate in Collier County, Florida. viz: See Attached Exhibit .. A" (hereinafter the '"Land"). SUBJECf TO: easements. restrictions. reservations. limitations and conditions of record common to the subdivision. applicable zoning ordiPRI1~ building codes. and other restrictions imposed by local, state, or federal governmental authorities. any outstanding oil. gas and mineral interests of record, if any. and taxes and assessments. if any. accruing subsequent to December 31,2001. which the Grantee assumes and agrees to pay. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging MinmywWe~m~ TO HAVE AND TO BOLD, the same in fee simple forever. AND the Grantor hereby covenants with tho Grantee that Grantor is 1awtùlly seized of the Land in fee simple; that Grantor has good right and lawful authority to sell and convey the Land; that Grantor hereby funy warrants the title to the Land and witl defend the same against the lawful claims of a11 persons whomsoever, and that the Land is free of all encumbrances. except as provided above. . \ 900 IZI Vd M.dBlrn SNVr LZSC cøz 8CZ t IYd tt:tt tO/lC/SO Agenda Item No. 17E December 14, 2004 Page 14 of 34 OR: 3002 PG: 2087 IN WITNESS WHEREOF the Orantorhas caused these presents to be executedtbe day and year first above: written. ~ Tt> A-LJ...11tIQ66~Q;[",u;,QS /J~¡;¡~:::~ot. ~~~== ~:r:itn- ~ AprIl L. Rowe Print Name of Witness STATE OF fLORlDA COUNTY OF COLLIER I HEREBY CER.TIFY that on this day, before me. an officer duly authorized in the State and County aforesaid to take acknowledgments, penonaUy appeared Thomas R. Merryweather. David L. Brennan and John S. Steinbauer. as the sole three sonara1 partners of NAPLES ASSOCIATES, an Ohio general pannmhip, who produced Ohio Driver Licen!U!l!l as identificaûon and arc named in the foregoing instr1Jment and that they acknowlcc:1ged executinS the same, in the presence of two subscribins witnesses, fteely and voluntarily, and with due authority on behalf of said senera1 partnership. ~ss ~ hand and official ooal In the Stúe and County Iut ~.....l:!l- day 'AI! ,2002. ~ ",\\\'"11111" ~!:.~ . - - ¡¡~,,\ T .IffcMe (SEAL) =*: ... i*!: \\'- ICe.,.. ¡ ·nted Name of Notary ,~~.~., y Commission Number is: '. ~~:šT~\\Œ My Commission Expites: '.\"",,,T~.LoctyMJl-"-".~ ' I.OOflJ Vd .\tùImro 3NVr ¿Z8t tlZ 8CZ I XV~ Ct:tt tO/ItleO ~----,~ - ... Agenda Item No. 17E December 14, 2004 Page 15 of 34 OR: 3002 PG: 2088 Exhibit A BLUE HERON DEVELOPMENT TRACf A Tract of land l)'in¡ in the East balf ofSeccion 33. ToWDSbip 49 South. Range 26 East. Collier County Florida md more particu1arly described IS follows: · Be¡iDnin¡ at the Nord1eaft comer of Sapphire Lakes UDit 4A, a subdivision IS m:ordecl Ü1 Plat Book 28 Pap 70 and 71 of the Public R.ccords of Collier County, Florida, nm S 02 depees 04' 44- E eIoa¡ the · Easterly line of said Sapphire Lakes Unit4A for. cUstance of141.09 feet; t:beacc run S 20 de¡rcc:s 16' 41- E for a disbnce of233.4 t feet; tb:Dce run S 72 dearces SS· 1,. :E fin' a distllDcc of 41.94 feel; 1:beoce run S 25 degrees 20' 41" E for a distance of224.44 feet; then nm S 37 de¡rees 54· 20"' E for a "~of 165.08 feet¡ theDcetun S 49 de¡p:-ees 20' 51- E for a distance of227.66 f'eet; tbau:erua S 82 de¡reca4S' 55- Efor. diatmca of 119.96 feet; 1bmcenm S 2S dc¡rees23'46- E fora~of413.20 &et101bc Southeast ccmcr ofSappbire Labs Unit 4C. a subdiviliœ IS recorded in Plat Book 29. Pqe , ad 10 of said public records; Ibence JUG S 70 degrees 52' 54- W alone the South 1iDe of said SIppbire LaIœs Uait 4C for I distance of 130.42 feet to a point on . DOD4a4s..utial cin:u1ar CIJrft; tbczIçe lcavfac said SouIh line nm 283053 Ceet aloog ~ Ire of a curve concave 10 the Northwest bÞiac a radius of 60.00 fèèt. . central mgle of 270 dqrees 45' 10", . chord distance of 84.29 feet and a chord bariaa oes 86 depIes 29' 54" W to a point ofrevene curvature; Ibence 11m 5.71 feet alOl1l the arc of a curve eou...yV to the Northwest baving a radius of2S.oo feet. a central angle of 13 degrees 05' 2~.. cbœ1 cfi~ ofS.70 feet aad a chord bearias ofN 35 degrea 19' 44" E to a point on a nœ~ line ad die SouIh IiDe of said Sapphire LaJœs Unit 4C; tbmce run S 69 degrees 53· 11" W a1qaid South liœ fer-. distm:c of 193.88 feet to the Southwest comer of said Sapphire Lakes Unit 4C and the Eater1y line of Sapphire La1œs Unit 2, . subdivision as recorded in Plat Book 23. Page 28 ad 29 of said public records; tba1ce nm S 00 degrees to' 54- E along said Easterly Hœ for a distaD&:e of 55.93 feet; thcoce nm S 67 dcørecs 04' 26" W for a distance of 257. 17 feet; thence run S 00 de¡recs 36' 19" W for. distance of281.88 feet; thence leaving said Easterly line run S 44 de¡rees 44' 27"' E for a disumc:e of 333.76 feet to a point OIl a non-tangential circular curve; thence nm 75.39 feet alonl the arc ofa curve concave to the Northeast having. radius or63.37 feet, a central angle of68 degrees 09' 36", a chord distance oC71.02 feetad. chord bearing ofS oèS de¡rees 22' 18" E to a point on a noD-tlns=tial circular curve and the North tiDe of Sapphire La1œs Unit 3C. a subdivision IS 1'CCOI'dcd in Plat Book 31. Page 9 and 10 of said public records'; thençe tun 163.94 feet alons1:hc arc ora curve concave to the Southwest having . radius of 198.66 feet.. central angle of 47 degrees 1-6' 55", . chord distance of 159.33 feet and a chard bearing ors 42 deøn:es 09' 12" E¡ thence tun S 18 degrees 40' 40" E for. distance of9S.03 feet; thence run 104059 feet alon¡ the arc of. curve concave to the Northeast having a radius of 80.00 feet. a central angle of74 dep'ea 54' 14", a chord distance of 97.30 feet and. chord bearing of S 56 de¡rces 09' 28" E; theuce nm N 86 ðcp:es 21' 56" E fora diatanc:e of8S.30 feet; thence run S 03 desrees37'24" E for a distBnc:c of317.81 feet; thc:nce nm S 86 dcsrcca 22' II" W for a distlmCe oUt.OS feet; thence run 143.39 feet along the arc ofa curve concave to the Southeast having a radius of 129.00 feet, a central angle of 63 degrees 41' 11". & chord distance of 136.12 feet and. chord bearing of'S S4degrees 28' 33" W; thence nm S 22 degrecs4O' 00" W for a distance of 184.9 t feet; thence run S 33 degrees 36' 36" W for . distance of 121.22 feet; thence tun S 00 degrees 25' 27" E for a distance of 59.&3 feet to the Southeast comer of Sapphire Lakes Unit 38 a subdivision as recorded in Plat Book 27. Page 72 and 73 of said public records and the Noeth right-oC:way line of Radio Road (County Iload No. 856); thence run N 89 degrees 25' or E alone said North right-of-way Unc for a distance of 599.30 feet; tbcnce leaving aid North right-of-way.1ine run N 45 degrces3S'S4" W fondistanceof25.sS feet; theDCcnm NOO degrees 35' 54" W for a distance of 88.18 feet; thence nm N 19 degrees 10' 16" W fora distaDco ofS7.83 teet; thencenmN 41 c!egrees4O' IlOO Q! Pale 1 on Vd Mdml:) :ilNVf "W . _ .~ . LZ8£ £9Z 8£Z t %VA tt:tl to/I£/80 1- Agenda Item No. 17E December 14, 2004 Page 16 of 34 ttt OR: 3002 PG: 2089 ttt 18"" Cor. distaI¥:C oft 17.68 feet; tbasco run N 19..... 10' 16· W fon diltmcc onD.76 feet; ttaec run N 03 degrees 19' 44· E for & distance of 38.00 feet to a poiat of CUI'fttUrCi tbace 1\111. 124.36 ... alGal the II'C of. curve ooac:ave to the Sou.t:hweIC baviDla n4iUl of 538.00 t'cct, & centm11ft11e of13 .... 14' 39", a chord diltlDClI of 124.08 feet m4. cbord beIriDa ofN 03 depeea 17' 35· W to. poiøc of~ thence nm N 09 cSepees 54' 55" W Cor. dI..oe ofSS.24 &:ct to a point of I:UI'¥IIIIIR¡ tbmcc ~ t 13.22 feet alona the Ir'C of. cum: concave to tho Nortbeut baviaSa radius of 416.00 &let. a ceata1 . of 13 cJeareIIS 20' 53·, a cbont distaaco of t 12.91 &:ct aad a cheri beariDI ofN 03 cIeønes 14' 28" WIlD. point ofl.'.lDpDCYi tbenœ nm. N 03 de... 25' S" B for a ~ of 10.31 k to a poiDt of anIIUre; thence run 261.45 feet a1oø¡lhe II'C of. CUI"VC ccmcave to me Sout1u:ut baviD¡ a radial of ..00 feet, . central an¡1e of 30 d.qrea 53' 13·. . cbørd cS1.-oo of2S8.30 feet aDd.. cbiDr!S be8riD¡ of !III degreeS 52' 35· E to a polo' OR' QOII1~roti,.t Uœ; dM:ace ItII1 N 33 dqna 45' 32" B for. diIIIDCe of36.48 feet¡ 1bc:Dce run N 22 dean- 30' 32" E fur a diItaDCO o£29.23 feet; thaIce run N 11 ..... 1S' 32. E for a cIiItIIDCe of 35.47 feet; tbeaao 1'\111 N 00 ðqrecs 0(132· B for a diI1I1ICO of 2.4.36 .... tbeDcc IUD N 89 de... "9' 54· E far a diIfIDCC otl54.29 &et to tbe Eat 1iM ofdle ~- QIIIW of aiel Sectiœ 33 m4 the Wcst1iDe of SJl¡enuoo4 PIrk. alUbcU.visiaa. II ~ in P!at Boot 25.laaes 51 tbroUøh 59 of IIid pub1ic recards; lbeaGe run N 00 c.tc¡rees 14' 34· W a1q aid Eat IiDe far a dist8ø.co of 14t03.80 fnt to tM Bast qurtlr ooøer of laid SoatIœ 33~ tbeaae nm N 00 depeell5' 36" W a1on¡ the EIst tine oftbc NoItbeISt QadIIr ofl8icS Sectioft 33 for. d.iIIaDce of550.12 feet tD... We.IeCÛoa. with tile South ri¡bt-of-way tiae ofta.tenta18 1-15 (Slide'" No. !Þ3); 1heDce rail. 1161..64 lid ÚØDI tbc azç of a curve coocave to die SouIhwat baviDa' ncSiuI of 11297.16 feet, a ceatn1.pe of 05 dopea 53' 29", . chord diatImce of 1161.13 &et"" chøId 1øriD¡ ofN 1St depIcI 09' 04- W; &IIrD:O run S 87 dcpes 53' 05" W for . diatlmce of 632.49 &ot to 1bo PoiDt afße8iaDbll. IOO!!! pa.e1oU Vd UIIBB:> 3NVf .... _..."",,,,,,"---~,,,,, LZit t9Z 6fZ t YVd tt:tt to/tt/80 Agenda Item No. 17E December 14,2004 Page 17 of 34 29::j14 OR: 3002 PG: 2053 UCODID 1. OQIeIU DCOOl f car. 01/20/ZOO2 It 12:"" DlIGII'l :. I':~I=', ß - 23""0,00 lie III 15.'0 DDC-.70 151....0 ~ ! I nIs IutnaDlCllt prepued by ..4 retuta tG: JANE YEAGEll CHEFFY, Attomey at Law 1375 TIDIiImi Trail North. Sui1e 310 NIpIes., F1orida34103-4439 Pboae: (941) 263-1130 Fu: (941) 263-3827 leta: .TIll tJIGIl em" ZS?!, !IIIlII !I . .31. mLls n mOl Property Appraisers PIrCd IdentiïlCation Numbar: SPACE ABOVEnDS LINB FOR RECORDING DATA THIS W ARRANTYDEED made andexecutcdthe ~ dayofMarch, A.D., 2002, by NAPLES ASSOCIATES, an Oblo general partnership, (hereinafter called the c'Grantor"). to LUCKY M. K., INC., . Florida corpontioa, whose mailing address is: 1100 Pine Ridge Road. Naples. Florida 34108, (hereinafter called tho UOnmtee"): (WbcrcYa' used baein the terms "GraDtor" ad "QnntIce" iDdude an the pKties to Chis iDsUumr:at ad the bein.1cpIl¥~ IBId IllSigas of iadividuaII. ad die suaceIIOd IDII aaïaaa of c;oaporaIioas.) WITNESSETH: That the Grmtor, for and in consideration of1hc smn of $ 1 0.00 and other valuable CODIiderations, receipt whereof is hereby acknowledged, by these presents docs grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land and all improvements thereon situate in Collier County, Florida, viz: See Attached Exhibit "A" (hereinafter the ''Land''). SUBJECT TO: easements, restrictions. reservations. limitations and conditions of record connnon to the subdivision, applicable zoning ordinances, building codes, and other restrictions imposed by local, state, or federal governmental authorities, any outstanding oil, gas and mineral interests ofrccord, if any, and taxes and assessments, ifany, accruing subsequent to December 31, 2001, which the Grantee IISSUß1CS and agrees to pay. TOGETHER with all the tenements, hereditaments and appurtenances thereto beloogiDg or in anywise appertaining. TO BA VE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that Grantor is lawfully seized of the Land in fee simple; that Grantor has good right and lawful authority to sell and convey the Land; that Grantor hereby fully warrants the title to the Land and will defend the same against the lawful claims of all persons whomsoever; and that the Land is ftee of all encumbtances, except as provided above. tTO/l) Vd X,dAHH:> HNVt ¿Z9t t9Z 6tZ t YVd Lt:tt to/tt/so IN WITNESS WllEBEOF the Grantor has caused these presents to bf¡ executed the day and yar first above written. ~ 11> ~ -r1-Wl.e:e'PAQ:rN&tQS·... SigDId. sealed and delivered ui b}nsenC8 of: ~~ APrtl L. Rowe ~~ -. , .. Print Name of Witness Agenda Item No. 17E '--'l December 14, 2004 Page 18 of 34 OR: 3002 PG: 2054 ;; I NAPLES ASSOCIATES, an Ohio pnera1 pørtn. ~~ By.{),.' . nIOMAS R.. general partner STATE OF fl-ORIDA coUNTY OF ÇOLL1ER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments. personally appeørcd'l"homal R. Merryweather. David L. Brennan and John S. Steinhauer. as the sole tb:r:cc general partners of NAPLES ASSOClA TES. an Ohio ¡enr:ral partnership. who produced Ohio Driver Licenses as identification and are named in the foregoin¡ ins1;t'1.JlMJ1t and thatthcy acknoW1edged ax.eœtin& 1he same. in tho presence of two subscribing witnesses. freely and voluntarily, and with due authority on behalf of said general partnership. ~hand and officW seal in the Stale and County lutaf'oloBaid this J1i.. œyo .2~. ~~ ....,,\,\\'Ulllflll .¡þo" ~\\. L Ro . , ~~~ ~~ PUBLIC· - (SF L1Ï;~'4~~ æ*i ... 1·... PrintedNam.eofNotarY \\,\ 1CC?1iM2 iA, My Commission Number is: ~~~ My Commission Bxpircs: ,,\~"'LItIC. ~.~... "'''"U",\\\' no I!! ~ Vd A.IùIBH:J 3NVf L¡t~ ~8Z etz 1 XVd Lt:tt tO/l~/tO ----..-.. Agenda Item No. 17E December 14, 2004 Page 19 of 34 '- ~t OR: 3002 PG: 2055 ttt Exhibit A :\ BLUE HERON APARTMENTTRACf A Tract orland lyin¡ iD the Southeast Quarter of Section 33, Township 49 South. R.anp 26 But. CoUiet County, Florida. ød more particu18rly described u foUowa: BcJÍDDÍDI at iii iDtcrIeCÛØl with the North right-of.way 1me of'Radio R.OIId (County Rom No. 856) mc1 the Eat 1iDe of said Secticm 33 run N 00 depes 14' 34" W a10ag said But line for & dIstaDce or 1133.11 feet; tha1ce IUD S 89 c1epecI 59' 54" W for. distaDcc of 854.29 feet; ~ run S 00 cIepeeI 00' 32" W for . ctiataDCC oU436 feet; tbcDce nm S 11 depeea 15' 31- W for a distlDcc of35.47 feet; 1IIeacc NIl S 2Z degrees 30' 32" W ibr & di.staDcc or 29. 23 f'cet; theQcc ND S 33 dcpees4S '32" W for a &tace of 36.48 feet tD a poiut 011 & non-1IIDpDtial circWIr c:urve; tbCDce run 261.45 feet II1œ¡ tho lEe or a cum: c:oaçaW tD tile IOQIbeat baviD¡ a radius of 485.00 feet. . oentral aqte of 30 depeca 53' 13". · cIIord c1ist:mCe of 258.30 feet md. dIørd beariDø ofS II de¡rec:s 52' 35- W to. poiDt of~ tbImce IUD S 03 cXarees 2S' S8" W for . diatance of 80.37 feet to . paint of aurvatun:; tbcaae nm. 113.22 feet aloa¡ the arc of a cum: ~ to the NordIeut baviD8 & radius of 486.00 feat.. ceatn1....or 13 dc ¡reeI '1J1 53., .obanlðillaace of 112.97 feet andadød bcarina ofS 03 d.ep'eea 14' 28" Eto apoiat or tmpnCY; tbatœ tun S 09 dep:ecs 54' S5· E for. distance of SS.24 feet to a Poiøt of Oat....... tbeucc IUD 124.36 feet a10øs the arc or. curve corwave to the Southwest bams a ødiuI of 538.00 ti:ct. · ceatra1 ...p of 13 cJesrecl14' 39". . chord distmœ of 124.08 feet ad a chard bcariDa oes 03 depes 17' 35" E to a point of~ thence nm S 03 degrees 19' 44" W tor a c:Iiatance ona.oo feet; tbeoce IUD S 19 degrees 10' 16· E fora distaDce of 129.76 feet; thencenm S 41 degreel4O' 16" E foradš-nCCof117.68 feet; tbcaccnm S 19 degrees 10'16" E fora distInCe of 57.13 feet; thaJce nm S 00 depecl35' 54" E for a distance or 88.18 feet; thtse nm S 45 dczrces 35' 54· E for. distazu:e of25.sS feet to said Northrigbt- of-way tiDe; thc:nce run N 89 depees 25' 03" E along said North right-of-way line for a diJtImce of 806.06 feet to the Point ofBogimùng. Page 1 oft 9TOe Yd .YdBB:> HNVr LZ9C t9Z 6tZ 1 XVII 8t:t1 to/tt/80 Agenda Item No. 17E December 14, 2004 Page 20 of 34 FORM RPM_BSP _PROPCHANGE_l STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DMSION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANN1NG 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal ofa proposed change to a previously approved DR! be made to the local government, the regional planning agency, and the state land planning agency according to this fonn. 1. I, Michael Kessous, the undersigned owner/authorized representative of Lucky Strike MK, Inc. and Lucky MK, Inc. (developer) hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following infonnation concerning: The Blue Heron parcel of the Green Heron DR! and P.U.D. development, which (original & current project names) infonnation is true and COITect to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Ray Bellows, DR! Coordinator of Collier County, to Daniel L. Trescott, Principal Planner for the Southwest Florida Regional Planning Council, and to Bernard Piawah, Division of Community Planning, Department of Community Affairs. Date Signature ",.__.___",_~_..,..",,~O'_""""'""~""""""'~""'''~_''.".,__..,__.."".....~ m.__~_~"..,.__"·", 2. Applicant (name, address, phone). Michael Kessous, President (Lucky Strike MK, Inc., Lucky MK, Inc. ) 1100 Pine Ridge Road Suite #400 Naples, FL 34108 Phone (239) 649-1230 Fax: (239) 649-4237 3. Authorized Agent (name, address, phone). R. Bruce Anderson Roetzel & Andress, LPA 850 Park Shore Drive Naples, FL 34103 Tel: (239) 649-2708 Fax: (239) 261-3659 4. Location (City, County, Township/Range/Section) of approved DR! and proposed change. Collier County, Florida Section 33, Township 49 South, Range 26 East 5. Provide a complete description of the proposed change. IncJude any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Agenda Item No. 17E December 14,2004 Page 21 of 34 Agenda Item No. 17E December 14, 2004 Page 22 of 34 Applicant proposes to amend the termination date of the Development Order to January 1, 2009. No other changes are proposed. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. Not Applicable. 6. Complete the attached Substantial Deviation Detennination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No changes are proposed to any ofthe land use types approved. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DR! development order that have been adopted by the local government, and provide a brief description of the previous changes (ie., any information not already addressed in the Substantial Deviation Detennination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DR! development order for the project? In 1989 the Master Plan was amended, but not the Development Order, to replace one 18-hole golf coune with the current open spacellake system. Regional Planning Council and County statT determined that amendment of the Development Order was not required for this change. In March 2001 the Green Heron DRI was split into two separately-owned developments: Sapphire Lakes and Blue Heron, neither of which is physically interconnected to the other. Sapphire Lakes is completely built out and self- governed by the residents. At the June 21, 2001 Regional Planning Council meeting, the Council approved the staff recommendations for Agenda Item 3 (a)(I), Notice of Proposed Change for Green Heron DRI #05- 8283-27. The insubstantial change determination was approved to allow an ingress/egress point at the easterly end of the development for the portion of the DRI owned and developed by Lucky Strike MK, Ine. and Lucky MK, Inc. The Regional Planning Councü staff report stated (a copy of which is attached as Exhibit 1): "Based on staff review, n have concluded that reassessment of the DRI is not necessarv. due to the change not "creating a reasonable likelihood of additional regional impacts, or any type of regional impact not previously approved by the regional planning agency." Applicant respectfully submits that there have been no changes, including the proposed change, that would cause the Regional Planning Council or its staff to reach a ditJerent conclusion now. On December 20, 2001, Collier County adopted PDI Resolution No. 01-30 approving the new ingress/egress point as an insubstantial change. A copy of Resolution 01-30 is attached as Exhibit 2. Again, the Master Plan was amended but not the Development Order. When this Master Plan amendment was approved, Applicant submitted a Traffic Analysis to Collier County (dated July 23, 2001), a copy of which is attached as Exhibit 3. It is also important to recognize that this development provides much needed home ownership workforce housing in the urban area of Collier County. Multi-family units, all of which are under contract, have sold between $120,000 - $190,000. Duplexes presently range in price from $170,000 - $250,000. Extended regulatory processes often serve as a disincentive to provision of housing to this under-served market segment, especially when combined with Collier County's various impact fees. There has been no change in local government jurisdiction for the development. 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within Y2 mile on a project master site plan or other map. Not Applicable. Agenda Item No. 17E December 14,2004 Page 23 of 34 Agenda Item No. 17E Decernber14,2004 Page 24 of 34 9. Indicate if the proposed change is less than 4()OÆ. (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Yes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO x 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No bulld-out date was specified in the Development Order, although in response to an ADA question about "expected beginnings and completion dates for construction", the original developer stated: "The Green Heron is planned to be developed in five phases with similar numben of dwelling units, with each phase requiring two yean for physical development and marketing. The projected ten year bulld-out is, of course, subject to modification as the result of market or other inßuences." The Development Order does however set forth a termination date. Collier County Development Order 84-2 adopted on February 7, 1984, a copy of which is attached as Exhibit 4, states in Section 7: "That this Order shall remain in effect for a period of fifteen (15) yean from the effective date of this Development Order. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order m.y be extended by the Board of County Commissionen on the finding of excusable delay in ally proposed development activity." Section 380.06(19)(b)(16) uses the term "build out date" and "termination date" separately, thereby distinguishing between the two "dates". The language of the statute, with regard to presumptions of a substantial change or not, applies by its terms to only "build out date", but not "termination date". If the Legislature had intended statutory presumptions to apply to termination date changes, the statutory term of "termination date" would have been used again, but it is not. It is a well-settled principle of statutory interpretation that the expression of one thing is to the exclusion of another. E.g. where a statute enumerates a list of specific items and that same statute later makes a reference of applicability to one of the specific items, the other specific items not so referenced again are excluded from applicability. Applicant proposes a change to the Development Order termination date to make it January 1, 2009. 11. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the fo lJowing for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRl or development order conditions. Not Applicable. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. AlJ proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and Agenda Item No. 17E December 14, 2004 Page 25 of 34 Agenda Item No. 17E December 14, 2004 Page 26 of 34 requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major cruu~~wsorcomponentsofthe proposed change; b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; e. A proposed amended development order date until which the local government agrees that the changes to the DR! shall not be subject to down-zolÙDg, unit density reduction, or intensity reduction, if applicable; and <-~.~--<-,----"..__.._-_...._._...."._~..,_.._....-,.,-- Agenda Item No. 17E December 14, 2004 Page 27 of 34 f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J_2.025 (7), F.A.C. The proposed language change is: That this Order shall remain in effect feF a peried ef until Januarv 1. 2009. fifteen (IS) ye8FS frem the effeetive date ef this Development Order. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. TYPE OF LAND USE CHANGE CATEGORY PROPOSE'» PLAN ORIGINA # Parking Spaces # Spectators # Seats Site locational chan2es Attraction/Recreation Acreage, ìncluding drainage, ROW, easements, etc. External Vehicle Trips D.O. Conditions IDA Representations -~~ , -_. . _. - --- - -. Airports Runway (len2th) Runway (strength) I"enninal (groSS square feet) It#" Parking Spaces "'" Agenda Item No. 17E December 14, 2004 Page 28 of 34 # Gates ADron Area (£UQSs SQwire feet)· Site 1ocational changes Aitport Acreage, including drainage, ROW, easements, etc. # External Vehicle TriDs D.O. Conditions Airports (cont) ADA representations # Beds # Parking Spaces Buildinfit (gross square feet) Site 1ocational changes Hospitals Acreage, including drainage, ROW, easements. etc. External Vehicle Trips D.O. conditions representations Acreage, including drainage, ROW, easements. etc. # Parkina snaces Industrial Buildine: (woss square feet) # Employees chemical storae:e (barrels and DOunds) 1 Site k>cationa1 changes Industrial (cont.) ternal vehicle trips .0. Conditions ADA reoresentations Acreafite mined (year) Water withdrawal (mùldav) Mining Operations Size of mine (acres), including drainage, ROW, easements, etc. Site 1ocational changes # External vehicle trips D.O. Conditions ADA representations Office Acreage, including drainage, ROW, easements, etc. Buildin2 (woss square feet) # Parkinfit SDaces Petroleum/Chemical Storage Ports (Marinas) Residential Wholesale, Retail, Service Agenda Item No. 17E December 14,2004 Page 29 of 34 r-- - Agenda Item No. 17E December 14, 2004 Page 30 of 34 f ~ ADA representations ~ ~ # Rental Units Floor soace (IilfOSS sauare feet) # Parking Places # Emolovees HoteJ/Motel Site 1ocational changes Acreage, including drainage, ROW, easements, etc. # External vehicle trius D.O. Conditions ADA representations Acreage, including drainage, ROW, easements, etc. # ParkinS!: Spaces Buì1dìngs (¡oss square feet) R V. Park # Emolovees Site locational changes # External vehicle trips D.O. conditions ADA reoresentations AcreaJl:e Open Space (All natural and Site 1ocational changes vegetated non-impervious Type of OnIOn _f".P. surfaces) D.O. Conditions ADA representations AcreaJl:e Preservation, Buffer or Site locational changes Special Protection Areas DeveloPment of site øroJ)Osed Preservation (cont.) roOo Conditions \DA representations --,--~- RESOLUTION NO. 04- Agenda Item No. 17E December 14, 2004 Page 32 of 34 DEVELOPMENT ORDER NO. 04- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING DEVELOPMENT ORDER 84-2, FOR THE GREEN HERON DEVELOPMENT OF REGIONAL IMPACT (DRI) BY PROVIDING FOR: SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER TO EXTEND THE TERMINATION DATE AND AMENDMENT TO TRANSPORTATION LEVELS OF SERVICE (LOS) TO REFLECT THE COUNTY'S ADOPTED LOS; SECTION 1WO; FINDING OF FACT; SECTION TIlREE: CONCLUSIONS OF LAW; AND SECTION FOUR; EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITf AL TO DCA AND EFFECJ1VE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 84-2, on February 7, 1984, whicb approved a Development of Regional Impact (DRI) known as Green Heron; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order but did not contain a build-out date; and WHEREAS, the real property wbich is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and /-.,- \ I , -...-/ WHEREAS, the owner of the undeveloped portion of the DRI property is desirous of amending the Development Order; and WHEREAS, R. Bruce Anderson ofRoetzel & Andress, LP A, representing Lucky Strike MK Inc. and Lucky MK Inc., has petitioned the Board of County Commissioners of Collier County, Florida, to further amend tbe Green Heron Development Order; and WHEREAS, Petitioner has filed a Notice of Proposed Change (''NOPC'') requesting that the previously approved Development Order be amended, and; WHEREAS, the Petitioner's NOPC to the Green Heron DRI does not constitute a substantial deviation from the approved Development Order pursuant to Section 380.06(19), Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and the Collier County Planning Commission held a public hearing on the petition on December 2, 2004; WHEREAS, the Board of County Commissioners of Collier County has reviewed and Wards litfUek thl'eøgR are deleted; words underlined are added. Page I Agenda Item No. 17E December 14, 2004 considered the report ofSWFRPC and the Collier Planning commission and held a public hearing on Page 33 of 34 December ]4,2004; NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: SECfION ONE: AMENDMENT OF DEVELOPMENT ORDER A. Sedion S, and S.b. of the 84-21 Development Order, as amended, is hereby amended to read as foUows: 5. TRANSPORTATION: Traffic generated by the GTeen Heron project, when combined with other growth in the area, wi]] cause two segments of Davis Boulevard (SR 84) to exceed its capacity at level-of-service "G)!". Intersection improvements may also be required at the intersection ofSR 84 and Radio Road. Recommendations: b. At the time that either the portion of Davis BouJevard from Radio Road to C- 951 or from Santa Barbara BouJevard to County Barn Road is found to exceed level-of-service "G)!" (by the Collier County Engineering Department or FOOl), the applicant should be required to pay a proportional share, based on buildout of the project, right of way, through an areawide funding program. This share will be detennined by the applicant's share of the traffic to the total volume ofthe traffic along the roadway at the time of buildout B. Section 7 of the 84-21 Development Order, as amended, is hereby amended to read as follows: Section 7. That this Order shal] remain in effect fer a peå.sd sf until January 1. 2009. fifteeø (IS) yeørs fRJæ the e:lfeetÎ\'e èete eftIHs De"¡e]9JlIBØBt Orèer. Any development activity wberein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. SECfION TWO: FINDINGS OF FACT A. The application is in accordance with Subsection 380.06(] 9), Florida Statutes. B. The applicant submitted Notification of Proposed Change to a Previously Approved Deve]opment ofRegiona] Impact (DR!) pursuant to Subsection 380.06(19) Florida Statutes, as composite Exhibit A, and by reference made a part hereof, to the extent that it is not inconsistent with the tenns and conditions of this Deve]opment Order. C. The applicant proposes the development on 22] acres of land in Collier County for residential, commercial, recreational and open space uses. D. The proposed changes to the previously approved Development Order are consistent with tbe report and recommendations ofSWFRPC. E. A comprehensive review of the impact generated by the proposed changes to the previous]yapproved development bas been conducted by the County's departments and the SWFRPC. F. The development is not in an area designated as Area of Critical State Concern pursuant to the provisions of Section 380.06 Florida Statues, as amended. Words swsk tl!fÐøgk are deleted; words underlined are added. Page 2 Agenda Item No. 17E December 14, 2004 Page 34 of 34 SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Subsection 380.06(19), Florida Statutes. The scope of the development to be pennitted pursuant to this Development Order Amendment includes operations described in the Notification of Proposed Change to a Previously Approved DRI, Exhibit A, attached hereto and by reference made a part hereof. B. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Land Development Code adopted pursuant thereto. E. The proposed changes to the previously approved development are consistent with the State Comprehenswe Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVEWPMENT ORDER, TRANSMITT AI. TO DCA AND EFFECTIVE DATE. A. Except as amended hereby, Development Order 84-2, shall remain in full force and effect, binding in accordance with its tenns on all parties thereto. B. Copies of this Development Order Number 04- _ shall be transmitted immediately upon execution to the Department of Comm\Ulity Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted this _ day of , 2004, after motion, second and majority vote. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FWRIDA By: BY: DONNA FIALA, CHAIRMAN Deputy Clerk Approved as to form and Legal sufficiency Patrick G. White Assistant County Attorney Words!ltiNek tmøøgl!. are deleted; words underlined are added. Page 3 -"._-~._<...__..,._"-- ..._."'."',.".,....._,...,-- EXECUTIVES~RY Agenda Item No. 17F December 14, 2004 Page 1 of 4 Recommendation To Consider Adoption Of An Ordinance Of Collier County Florida, Amending Collier County Ordinance No. 91-65, To Add A Position Of Alternate Member On The Affordable Housing Commission. OBJECTIVE: That the Board of County Commissioners adopt an Ordinance to amend Collier County Ordinance No. 91-65 establishing the Affordable Housing Commission, to include an Alternate on this Commission. CONSIDERATIONS: Collier County Ordinance No. 91-65, adopted on July 23, 1991, provides for the appointment of five (5) members by the Board of County Commissioners and four (4) members by the City of Naples, for a total of 9 regular voting members. On October 26, 2004, the Board of County Commissioners approved an amendment to this Ordinance to include an Alternate member to serve on the Commission when a regular voting member is absent at a meeting. The proposed Ordinance, attached, revises Section Two, Appointment and Composition, to accomplish the Board's request. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the amendment to Ordinance No. 91-65, and directs the Chairman to execute same. Prepared by: David C. Weigel, County Attorney Aß';;'c;';,~: 1~~2Ò~ Page 2014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number It.m Summary 17F Recomm.mdation To Consid~r Adoption or An Ordinance- Of Collier County Florida. Amending Collier County Ordil1øn{".e No. 91-65. To Add". Position Of Alternate Membp.r On The Afford.bll'J Housing Commission Meeting Date 12/1412004 Q:OO'OO AM Prepared By I)ate Kay Nell, CLA Legal Anl.tant 11t29!2004 3~16:32 PM County Attnf1löY County Attoruey Offita¡ Approved By Dentotl DtlkBf Financial Admin & Hou.sln9 Oirector 0... Community Development &. Environtnetltal Serv1ce2 Finøfu:;¡.1 Admin. & HousinQ 1213t2004 10:47 AM Approved By O..vid C. Weigel County Attorn.y 0." County Attorney county Attorney Qffk:" 12131200411:01 AM Approved By OMS Coordinator Administuti'olo AS5ist.nt Date County Ml1l1ag.r'a Office omce of Management" Budgot 12/312004 11 :'4 AM Approved By Mat\( 1$IICklion Budget Analvst. 0... County Manager's Office Office of Mansgement K: Budget 1213/200412:32 PM Approved By Michael Sm)'kowsk! Management & Budget Director D.te County MananCt'Si Oft¡DtI Office uf IIhmaQitrncn1 & audg~ 12:~/2004 9:24 AM Approved By Jarne. V. Mudd Board uf CountV Cumrnluõionera County MtllU Jl!;r Dale! COUf1'ty Malloger's Office. 12n120041:S4 PM .....,. ...... .._.."..~.~,-_..- Agenda Item No. 17F December 14, 2004 Page 3 of 4 ORDINANCE NO. 2004-_ AN ORDINANCE AMENDING COWER COUNTY ORDINANCE NO. 91-65 ESTABLISHING THE AFFORDABLE HOUSING COMMISSION, BY AMENDING SECTION TWO, APPOINTMENT AND COMPOSmON TO INCLUDE AN ALTERNATE IN ITS MEMBERSHIP; PROVIDING FOR CONFLICT AND SEVERABIUTY¡ PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES¡ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance No. 91-65, establishing the Affordable Housing Commission; and WHEREAS, Section Two, Appointment and Composition, provides that the Affordable Housing Commission shall be composed of nine (9) members, which the County Commission shall appoint five (5) and the Naples Oty Council shall appoint four (4) members; and WHEREAS, the Board of County Commissioners has determined the need to include an Alternate member to sit as a regular voting member when a regular member is absent from a meeting. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, that: SECTION ONE: Section Two of Collier County Ordinance No. 91-65 is hereby amended to read as follows: SECTION 1WO. Appointment and Composition. A. The Commission shall be composed of nine (9) voting members and one (1) Alternate member. of which the Board of County Commissioners shall appoint fi\'C (5) Six (6) members. includina the Alternate member. and the Naples City Coundl shall appoint four (4) members. The Alternate member shall serve in a voting caDacitv on Iv when a reaular member Is absent from a meeting. The Commission shall be comprised of members from the County-at-Iarge, the City of Naples-at-Iarge, the development community, affordable housing providers, financial Institutions, the legal profession and realtors. B. Members of the Commission appointed by the Board of County Commissioners shall serve at the pleasure of the Board of County Commissioners and members appointed by the Naples City Council shall serve at the pleasure of the Naples City Council. Said members shall be permanent residents and electors of Collier County. Words Underlined are added; Words Strtiel( ThFeI:J§A are deleted. Agenda Item No. 17F December 14, 2004 Page 4 of 4 C. Appointment of members to the Commission shall be by resolution of the Board of County Commissioners and the Naples City Council, respectively, which resolutions shall set forth the date of appointment and term of office. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or 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 THREE: Inclusion In The Code Of Laws And Ordinances. The provisiOns of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Comer County, Florida. The sections of the Ordinal"\ces may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Rorlda this _ day of .2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLrER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, Chairman By: Approved as to form and legal-sufficiency: ~ø-c'I'¿4- David C. Weigel County Attorney 2 Words Underlined are added; Words strud< TRF6I:1§1'I are deleted.