Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Backup Documents 10/08/2013 Item # 8A
COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, September 13, 2013, and furnish proof of publication to the attention of Mike Sawyer, Project Manager in the Planning & Zoning Department, Zoning Services, 2800 North Horseshoe Drive, Naples, Florida 34104. Originating Dept/ Div: GMD /Planning & Zoning Person: Mike Sawyer, Project Manager Date: September 10, 2013 Petition No. CU- PL20110000719 Petitioner: Naples Equestrian Challenge, Inc., 206 Ridge Drive, Naples, FL 34108 Name & Address of any person(s) to be notified by Clerk's Office: D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, F134134 Hearing before: X BCC BZA Other Requested Hearing date: Tuesday, October 8, 2013. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: Naples Daily News Proposed Text: See Attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Planning & Zoning Dept., Zoning Services; Fund & Cost Center: 131 - 138326 - 649100- 00000; Purchase Order Number: 4500140024; Account Number: 068779 Reviewed bv: l ivisio drninistrator or Designee Date List Attachments: Ordinance/Resolution DISTRIBUTION INSTRUCTIONS For hearings before BCC ee BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFF CE USE ONLY: Date Received: Date of Public Hearing: Date Advertised: A updated per Laura Wells w12012 fiscal year PO number 10 -15 -12 '8A Teresa L. Cannon From: Sawyer, Michael Sent: Wednesday, September 11, 2013 2:07 PM To: Minutes and Records Cc: Bellows, Ray, Bosi, Michael; Patricia L. Morgan; Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda; Wells, Laura; Brock, MaryJo Subject: NDN Ad, Naples Equestrian Challenge Conditional Use Attachments: BCC Ad 9- 11- 13.pdf; Title - revised 8- 7- 13.rtf, APPROVED Resolution w_exhibits - 091113.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks, Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252 -2926 Under Florida Lave, e mail addresses are public records. If you do not gran, yoz Jr e -mail address re eased in response to a public records request, do not send electronic frail to this entity, instead, contract this office by telephone or in writing. [�l A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow therapeutic equestrian riding and stabling on property less than 20 acres in size within a Rural Agricultural zoning district pursuant to Subsections 2.03.01.A.l.c.19 and 2.03.01.A.l.c.24 of the Collier County Land Development Code. The subject property is located on the southwest corner of Goodlette -Frank Road and Center Street in Section 10, Township 49 South, Range 25 East, Collier County, Florida. [Petition CU- PL20110000719] 8A RESOLUTION Nth 13- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THERAPEUTIC EQUESTRIAN RIDING AND STABLING ON PROPERTY LESS THAN 20 ACRES IN SIZE WITHIN A RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SUBSECTIONS 2.03.01.A.1.c.19 AND 2.03.01.A.1.c.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF GOODLETTE-FRANK ROAD AND CENTER STREET IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PETITION CU- PL20110000719] WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow therapeutic equestrian riding and stabling on property less than 20 acres in size within a Rural Agricultural zoning district pursuant to Subsections 2.03.01.A.1.c.19 and 2.03.01.A.I.c.24 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL20110000719 filed by D. Wayne Arnold of Q. Grady Minor & Associates, P.A. representing Naples Equestrian Challenge, Inc. with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use Naples Equestrian Challenge,Inc. 1 of 2 CU-PL.20110000719—Rev.9/09/13 8 A . 1 to allow therapeutic equestrian riding and stabling on property less than 20 acres within a Rural Agricultural zoning district pursuant to Subsections 2.03.01.A.1.c.19 and 2.03.01.A.1.c.24 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B", and subject to the Conditions of Approval found in Exhibit "C". Exhibits "A", "B", and"C"are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote this day of , 2013. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk GEORGIA A. HILLIER, ESQ. Chairwoman Approved as to form and legality: Emily R. Pepin E P 011\113 Assistant County Attorney Attachments: Exhibit A-Legal Description Exhibit B -Conceptual Site Plan Exhibit C—Conditions of Approval CP\13-CPS-01225\34 Naples Equestrian Challenge,Inc. 2 of 2 CU-PL201 1000071 9—Rev. 9/09/13 Exhibit A Legal Description ALL OF LOTS 19 & 20, BLOCK I, OF PINE RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 20, BLOCK I OF THE PINE RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG THE NORTH LINE OF SAID LOT 20, N 90° 00' 00" E, A DISTANCE OF 478.94 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK I; THENCE ALONG SAID EAST LINE S 010 5312311 W, A DISTANCE OF 400.22 FEET TO THE SOUTHEAST CORNER OF LOT 19 OF SAID BLOCK I; THENCE ALONG THE SOUTH LINE OF SAID LOT 19 N 900 00' 00" W, A DISTANCE OF 465.74 FEET TO THE WEST LINE OF SAID BLOCK I; THENCE ALONG SAID WEST LINE N 000 00'00" E, A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING CONTAII41NO 4.34 ACRES, MORE OR LESS. 8A ,„ ., ,., i 1111:111 N °- 5 s x 3 w a U uy Z dQ wQ F -, - i Q k N I� ON c„, W20 J o iwiud3aoad xinos ,,4 II III II N j". i .�im�i=�i��i��i��immi�mimwi.�i��i� y N1Vd 3MIY°/LJW 3lVMld r '_ t4 Ilr II II I Q III II II / / I jt III II II 1 �TiiG it 1 I �I � ra ay a y p e I 5. I Y o I 1 Iz ; 1w'J II I I I I I II I I ° '1 01 e§U W I I I — Mvu d lEna r v a avow I 4 I I I ,, , . .1! L_ i ) i 1,, __°___ ) ,` --:--- i = 1 II' 1 I 1 1 ` W g- e All I111 '' : 1 G II III 1 I SI ° II I I 1 ' — $ II I III 0 �! _ ® ' III I 8I ! ,�+ cw , �rr..t t! r r I . `I Si f II (r7,_- 4 " II II 41:'6 �, � mm ri 111 �I f W I ' / I » ddd+ g 9 1 bI I B - 1 � { ; 11" xF Hil — — ------ — T---- i tT II 1 111 II I I a y o u I �t- d'y W J.. LL 2re 2a B CONDITIONS OF APPROVAL FOR CU- PL20110000719 1. No office or business space rental to outside entities. 2. The additional uses on Lots 19 and 20 will not increase the number of program participants by more than 200 participants overall. 3. No participant programs are to be held on Sunday. 4. Special events shall be limited to 4 events per year and follow LDC 5.04.05 temporary event permitting requirements. 5. Maximum building height for principal structures on Lots 20 and 19 will be 25' zoned building height. 6. Ridge Drive setback for principal structures will be consistent with the existing principal structure on Lot 20. 7. Outside lighting shall be limited to low intensity bollards, and no exterior lighting is allowed except as necessary for security and safety. 8. Maximum number of stabled horses on Lots 19 and 20 will be 6 horses. 9. No amplified sound equipment or systems are allowed on Lots 19 and 20. 10. Adjacent to Ridge Drive on Lots 19 and 20 an LDC 4.06.02 Type C landscape buffer shall be provided and a Type B landscape buffer will be provided on Lot 19 between Lots 19 and 18. 11. Landscape buffers will be installed with first vertical construction. 12. Maximum parking spaces shall be 52 spaces. 13. The emergency gate on Ridge Drive will be constructed of solid decorative material. 14. Any metal roofing will be colored to remove glare. 15. The hours of operation for the facility will be 8:00 am to 8:00 pm. Occasional staff and volunteer training as well as board meetings may extend to 9:00 pm. EXHIBIT C CP \13- CPS -01225\32 en m Acct #068779 September 10, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CU- PL20110000719, Naples Equestrian Challenge Dear Legals: Please advertise the above referenced notice on Wednesday, September 18, 2013 and kindly send the Affidavit of Publication, in triplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500140024 • • NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, October 8, 2013, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THERAPEUTIC EQUESTRIAN RIDING AND STABLING ON PROPERTY LESS THAN 20 ACRES IN SIZE WITHIN A RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SUBSECTIONS 2.03.0l.A.1.C.19 AND 2.03.0l.A.1.C.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF GOODLETTE- FRANK ROAD AND CENTER STREET IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION CU- PL20110000719) A copy of the proposed Resolution is on file and available for public inspection in the Collier County Clerk's Office, 4th floor, Administration Building, Suite 401, Naples, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Z! 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 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) County of Collier 8 A CLERK OF THE'; CIRQUIT COURT Dwight E. Brock COLLIER COUNT Y COLiPTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102 P.O. BOX 413044 Accountant NAPLES, FLORIDA �'ti NAPLES, FLORIDA Auditor 34112 -5324 ,34101-3044 Custodian of County Funds September 11, 2013 Naples Equestrian Challenge, Inc. 206 Ridge Drive Naples, FL 34108 Re: CU- PL20110000719, Naples Equestrian Challenge Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, October 8, 2013, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 18, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLE { e Cannon, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- Coll ierClerk(-a,collierclerk.com �oUnty of Collier CLERK OF THE`; CIR UIT COURT Dwight E. Brock COLLIER COUh4,TY CO RTHOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 1021 P.O. BOX 413044 NAPLES, FLORIDA � NAPLES, FLORIDA 34112 -5324 ;34101 -3044 _. September 11, 2013 D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: CU- PL20110000719, Naples Equestrian Challenge Dear Petitioner: [Zl Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, October 8, 2013, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 18, 2013. You are invited to attend this public hearing. Sincerely, D IGHT E. BROCK, CL RK K WreUs �C�� a Cannon, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- CollierClerk�collierclerk.com Teresa L. Cannon To: Naples Daily News Legals Subject: CU- PL20110000719, Naples Equestrian Challenge Attachments: CU- PL20110000719.doc; CU- PL20110000719.doc Legals, Please advertise the attached Legal Ad on Wednesday, September 18, 2013. Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.Cannon@collierclerk.com Teresa L. Cannon From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Friday, September 13, 2013 10:34 AM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UAS4018 jpg Teresa, Please provide approval ASAP for publication on 09.18.13. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 09/13/13 Publication NDN Account Number 744102 Ad Number 2000991 Total Ad Cost $274.86 1 h� NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION � 8 a Notice is hereby given that the Board of County Commissic,ners, as the Board of r uing Ageppeals, of Ccailier Gc rnt will hold a public hearing on Tuesday, Octob#r 8, 2013, in tPe Boardroom Thlr, Flo r, Admihistretion Buil,dih g, Collier County Government enter, 3299 TAmiami Trail East, Naples, Florida. The meeting will begin at 9:40 A.M. The title of the proposed resolution is as follovvs: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF, A CONDITIONAL USE TO ALLOW THERAPEUTIC EQUESTRIAN RIDING; AND STABLING ON PROPERTY LESS THAN 20 ACRES IN SIZE WITHIN A RURAL AGRICULTURAL. ZONING DISTRICT PURSUANT TO SUBSECTIONS 2:03.01.A.1.C:.19 AND 2.03.01.A.1_C_24 OF THE COLLIER COUNTY LAND DEVELOPMENT C=ODE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF GOODS ETTE- FRANK ROAD AND C=ENTER STREET IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION CU-PI-201110000719), ,A copy of the proposed Resolution is on file and available for public inspection in the Collier C o.unty Clerk's office, 4th floor, Administr4tion Building, Suite 401 Maples, Florida. INCITE;. All Persons vv�shing to speak on any agenda item must re ster with the County Administrator prig to presentation of the agenda item tote addressed_ individual speakers will be limited to 3 minutes on.any item. The selection of an individual to speak on behalf of an organization or group is encouraged, If recognized by the Chair, a spokesperson for a group or organization may be allotted 'Iii Minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets muGst submit said material a minimum of 3 weeks prior to ,the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the apprcopriate County staff a minimum of seven clays prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a declision of the Board will need a record of the proceedings pertaining thereto and iherefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. if you are a person with a, disability who needs any accommodation in order to partltlpalte In this proceeding, you are entitled, at no, cost to you, to the provision of certain a5slstance. Please contact the Collier County Facilities Management Department, located at 3335Tamiami Trail bast, Building fir, Maples, Florida 34112, (239 )252--B380. Assisted listening devices for the hearing impaired are available in the County Comrnissloners� O ice. BOARD CAF COUNTY + OMMISSI NER$ BOARD ,OF ZONING APPEALS COUNTY, FLCORIbA GEGRGIA,A_ HILLER, ESQ., CHAIRWOMAN DWIGHT F. BROCK, CLERK qy: Teresa Cannon Dtpu y Clerk ber 18:� 2011 No 2000991 Teresa L. Cannon From: Sawyer, Michael Sent: Friday, September 13, 2013 11:10 AM To: Teresa L. Cannon; Neet, Virginia Subject: RE: Ad Confirmation Looks good to go. Thanks, Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252 -2926 - - - -- Original Message---- - From: Teresa L. Cannon [ mailto: Teresa.Cannon@collierclerk.com] Sent: Friday, September 13, 2013 10:36 AM To: NeetVirginia; SawyerMichael Subject: FW: Ad Confirmation Please review and ok. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.CannonCc @ collierclerk.com - - - -- Original Message---- - From: Polidora, Carol [mailto•cpolidora naplesnews.com] Sent: Friday, September 13, 2013 10:34 AM To: Teresa L. Cannon Subject: Ad Confirmation Teresa, Please provide approval ASAP for publication on 09.18.13. Thank you! 1 Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 09/13/13 Publication NDN Account Number 744102 Ad Number 2000991 Total Ad Cost $274.86 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk collierclerk.com, quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coll ierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Teresa L. Cannon From: PepinEmily <EmilyPepin @colliergov.net> Sent: Monday, September 16, 2013 8:39 AM To: Neet, Virginia Cc: Bonham, Gail Subject: RE: Thanks. Both approved! Emily R. Pepin Assistant County Attorney (239) 252 -8400 From: NeetVirginia Sent: Friday, September 13, 2013 3:25 PM To: PepinEmily Cc: BonhamGail Subject: For your approval. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 Law o Un ei Florida � � r .. , e nnau addresses are n €:h €t, rexord. >. It you do not wa�* yoar e -nna,3 :address released in response to a g;ubfr reeerds reet: est, do not send e ectronic miff to this entity, Instead, contact this office by telephone or in writing. Teresa L. Cannon From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Monday, September 16, 2013 9:53 AM To: Teresa L. Cannon Subject: RE: Ad Confirmation Thanks! Released... - - - -- Original Message---- - From: Teresa L. Cannon [ mailto: Teresa.Cannon @collierclerk.com] Sent: Monday, September 16, 2013 9:52 AM To: Polidora, Carol Subject: RE: Ad Confirmation Looks good, ok to run. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.Cannon@collierclerk.com - - - -- Original Message---- - From: Polidora, Carol [ mailto :cpolidora @naplesnews.com] Sent: Friday, September 13, 2013 10:34 AM To: Teresa L. Cannon Subject: Ad Confirmation Teresa, Please provide approval ASAP for publication on 09.18.13. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 09/13/13 Publication NDN Account Number 744102 Ad Number 2000991 1 r� NICE OR MEETING 0 NnTlcg NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, October 8, 2013, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THERAPEUTIC EQUESTRIAN RIDING AND STABLING ON PROPERTY LESS THAN 20 ACRES IN SIZE WITHIN A RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SUBSECTIONS 2.03.01.A.1.C.19 AND 2.03.01.A.1.C.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF GOODLETTE -FRANK ROAD AND CENTER STREET IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION CU- PL20110000719) A copy of the proposed Resolution is on file and available for public inspection in the Collier County Clerk's Office, 4th floor, Administration Building, Suite 401, Naples, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS �;.. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) Seotemher 18. 2013 Nn vnnnnai F NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit. of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Linda Sentz, who on oath says that she serves as Account Executive of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida-, distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on September 18, 2013. Wire eF UFFTING = NOTICE C NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUT Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, October 8, 2013, in the Boardroom, Third Floor, Administration Building, Collier - County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THERAPEUTIC EQUESTRIAN RIDING AND STABLING ON PROPERTY LESS THAN 20 ACRES IN SIZE WITHIN A RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SUBSECTIONS 2.03.01.A.1.C.19 AND 2.03.01.A.1.C.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF GOODLETTE -FRANK ROAD AND CENTER STREET IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION CU- PL20110000719) _ A copy of the proposed Resolution is on file and available for public inspection in the Collier County Clerk's Office, 4th floor, Administration Building, Suite 401, Naples, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) mher 1R 201 No- 200099[ Ceote Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publicat' n in the said newspaper. (Signature of affiant) Sw m to and sub rib d before me Th 29th day o c er, 2013 (Signature of notary public) V -n'. °i''- CAROL POLIDORA *; *: MY COMMISSION # EE 851758 EXPIRES: November 28, 2014 s o; Bonded Thru Pkhard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sienature, draw a line through routing lines #I throw #2, complete the checklist, and forward to the Co un Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. appropriate. Initial Applicable) 2. October 8, 2013 Agenda Item Number 3. County Attorney Office County Attorney Office Vi 10 I D 13 4. BCC Office Board of County Commissioners Number of Original « 5. Minutes and Records Clerk of Court's Office Documents Attached I �� PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missina information. Name of Primary Staff Mike Sawyer Phone Number 252 -2926 Contact / Department appropriate. Initial Applicable) Agenda Date Item was October 8, 2013 Agenda Item Number Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, N/A Type of Document Resolution �0 l 3 Number of Original I Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's WT INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? AT 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's WT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the Alf document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Alf signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 8, 2013 and all changes made /its during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 [Ll MEMORANDUM Date: October 14, 2013 To: Mike Sawyer, Project Manager Zoning & Land Development Review From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Resolution 2013- 236/CU- PL20110000719 - Naples Equestrian Challenge Attached for your records is a copy of the document referenced above, (Item #8A) adopted by the Board of County Commissioners Tuesday, October 8, 2013. The Board's Minutes and Record's Department has held the original ordinance for the Board's Official Record. Thank you. Attachment [LII RESOLUTION NO. 13- 2 3 6 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THERAPEUTIC EQUESTRIAN RIDING AND STABLING ON PROPERTY LESS THAN 20 ACRES IN SIZE WITHIN A RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SUBSECTIONS 2.03.01.A.1.c.19 AND 2.03.01.A.l.c.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF GOODLETTE -FRANK ROAD AND CENTER STREET IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PETITION CU- PL201100007191 WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow therapeutic equestrian riding and stabling on property less than 20 acres in size within a Rural Agricultural zoning district pursuant to Subsections 2.03.0l.A.l.c.19 and 2.03.01.A.I.c.24 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU- PL20110000719 filed by D. Wayne Arnold of Q. Grady Minor & Associates, P.A. representing Naples Equestrian Challenge, Inc. with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use Naples Equestrian Challenge, Inc. 1 of 2 CU- PL20110000719 — Rev. 9/09/13 to allow therapeutic equestrian riding and stabling on property less than 20 acres within a Rural Agricultural zoning district pursuant to Subsections 2.03.0 I.A.1.c.19 and 2.03.0 I.A.l.c.24 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B ", and subject to the Conditions of Approval found in Exhibit "C ". Exhibits "A ", "B ", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super - majority vote this Vh day of 2013. ATT ,� E BROCK, CLERK 6, Attest ahrfr ,SlF�rt�lur��t {y. Approved as to form and legality: F"AA I'A )-I - mily R. P4in :EgP ffl►1'13 Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C - Conditions of Approval CP \13- CPS - 01225 \34 Naples Equestrian Challenge, Inc. 2 of 2 CU- PL20110000719 - Rev. 9/09/13 BOARD OF ZONING BY: v GEO GI A. HILLER, ESQ. Item # —� Agenda to g 3 Dale Re l o iN r3 cce Exhibit A Legal Description ALL OF LOTS 19 & 20, BLOCK I, OF PINE RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 20, BLOCK I OF THE PINE RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG THE NORTH LINE OF SAID LOT 20, N 90° 00' 00" E, A DISTANCE OF 478.94 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK 1; THENCE ALONG SAID EAST LINE S 01° 53' 23" W, A DISTANCE OF 400.22 FEET TO THE SOUTHEAST CORNER OF LOT 19 OF SAID BLOCK I; THENCE ALONG THE SOUTH LINE OF SAID LOT 19 N 900 00' 00" W, A DISTANCE OF 465.74 FEET TO THE WEST LINE OF SAID BLOCK I; THENCE ALONG SAID WEST LINE N 00° 00'00" E, A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING CONTAINING 4.34 ACRES, MORE OR LESS. 8A .. ,„ ., :; ! t. 16111;g 1 N e= $ + w a U a W a w U w g /NJ w Op y V K 2 w Z m z 2 6" m a z z Z Itl C x O F N w w 0 N z 3NI l.UN3JONd HIOOS CV 0 II II II ;--I--I--I--I-I•IMM�II•I•I--I--I--I--I--I- ly I , / 1.11Vd 31OIH3/3AIN0 3LVANd ° I w f � I ox wr J i -I w Pi ` e- $ H1Vd 3lOI6/3AINO 3VANd 6 I - x 8r El y _r_ ,-w > i f T FPL EASEMENT FPL EASEMENT 1"' •I � ° Q , I f �1 '_ n �` 731 1n K N 2 ` J O 1 .-J l_, j IY I z 1 Y az • 1 0I 1 1 zw z I ill 1 ! ( 4 p—_ - I NLI i . -ui lip,i \_J`Z ? •w i`._j�`1__ 1 I N— 0 I c. y i •w (w J_ d w o m s w I i w <i y .. 3ON34� (7 N 1 1 1 °aE3 ,i 1 1 1 1 1 1 l'< 1 .1 oz do E al w w , 1 I1�1-CIA-I--I—r"-1--I--I-- . — u� 1 8 1 it%I � ' i 1 Iw ap ' - _.' I E .I i 2 11 I !. Y u u I� 1 I I h!h J & — ��13tl1S tl31N3O I i z S ---- = — -- illiJ , l N I / - I nom_R &� /� P I i II I h I I & II II II < Q N A' (i)I- R 90 dv-i . w 2 N ~ Wv� LL 2 Q_U � 2a 4„. . CONDITIONS OF APPROVAL FOR CU- PL20110000719 1. No office or business space rental to outside entities. 2. The additional uses on Lots 19 and 20 will not increase the number of program participants by more than 200 participants overall. 3. No participant programs are to be held on Sunday on Lots 19 and 20. 4. Special events open to the public shall be limited to 4 events per year on Lots 19, 20 and 21 and follow LDC 5.04.05 temporary event permitting requirements. 5. Maximum building height for principal structures on Lots 20 and 19 will be 25' zoned building height. 6. Ridge Drive setback for principal structures will be consistent with the existing principal structure on Lot 20. 7. Outside lighting shall be limited to low intensity bollards, and no exterior lighting is allowed except as necessary for security and safety. Lights shall be shielded or directed on Lots 19 and 20 to avoid light overflow on adjacent property. 8. Maximum number of stabled horses on Lots 19 and 20 will be 6 horses. 9. No amplified sound equipment or systems are allowed on Lots 19 and 20. 10. Adjacent to Ridge Drive on Lots 19, 20 and 21, an LDC 4.06.02 Type C landscape buffer shall be provided and a Type B landscape buffer will be provided on Lot 19 between Lots 19 and 18. 11. Landscape buffers will be installed with first vertical construction. 12. Maximum parking spaces shall be 52 spaces. 13. The emergency gate on Ridge Drive will be constructed of solid decorative material. 14. Any metal roofing will be colored to remove glare. 15. The hours of operation for the facility will be 8:00 am to 8:00 pm. Occasional staff and volunteer training as well as board meetings may extend to 9:00 pm. 16. No street parking or parking on perimeter of Lots 19, 20 and 21. EXHIBIT C Page 1 of 2 17. The southerly access on Ridge Drive shall be closed within 120 days of this conditional use, except for emergency access for emergency service vehicles. 18. Lots 19, 20 and 21 are limited to a 400 program participant capacity per week. 19. Access to the equestrian riding and stabling facility shall be limited to Center Street. No participants, volunteers or guests shall use the local streets in Pine Ridge subdivision as through - traffic to other areas of the County, except for residents of Pine Ridge subdivision. 20. This approval is for a non - commercial, not - for - profit, therapeutic equestrian riding facility. 13- CPS - 01225/41 -Rev. 10/10/13 Page 2 of 2 Please use this version of my email with a new citation. Thanks. Colleen M. Greene Assistant County Attorney (239) 252 -8490 Fax (239) 252 -6300 From: GreeneColleen Sent: Monday, October 07, 2013 10:39 AM To: KlatzkowJeff Subject: Naples Equestrian (8A October 8, 2013)Voting Conflict Inquiry Jeff, 'L�rrm 8 A // k1citzkad �1 Commissioner Hiller asked this Office to review the Naples Equestrian Zoning Petition scheduled for Tuesday, October 8, 2013 (Item 8A) to determine whether any potential or perceived conflict of interest may exist regarding her vote on this item. As we discussed, there is no statutory conflict of interest and in my opinion no apparent conflict of interest exists either. Commissioner Hiller lives in the Pine Ridge Community in close proximity to the Naples Equestrian location also within the Pine Ridge Community. Although there may be close proximity between the Commissioner and the Petitioner's location, this alone does not create a statutory conflict. The prohibition on voting conflicts is found in Section 112.3143(3)(a), Fla. Stat., and provides: "No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer's interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes." This statute was amended in July 2013 to specifically define a special private gain or loss. The amendment provides: Section 112.3143(d) "Special private gain or loss" means an economic benefit or harm that would inure to the officer, his or her relative, business associate, or principal, unless the measure affects a class that includes the officer, his or her relative, business associate, or principal, in which case, at least the following factors must be considered when determining whether a special private gain or loss exists: 1. The size of the class affected by the vote. 2. The nature of the interests involved. 3. The degree to which the interests of all members of the class are affected by the vote. 4. The degree to which the officer, his or her relative, business associate, or principal receives a greater benefit or harm when compared to other members of the class. The degree to which there is uncertainty at the time of the vote as to whether there would be any economic benefit or harm to the public officer, his or her relative, business associate, or principal and, if so, the nature or degree of the economic benefit or harm must also be considered. Commissioner Hiller will receive no economic benefit or harm as a result of the Naples Equestrian Zoning Petition. Commissioner Hiller's home is one of many in the Pine Ridge Community and any benefit or harm to her property value is remote and speculative as there is no information as to how the Naples Esquestrian expansion may impact the community. Further any benefit or harm is not "special" to Commissioner Hiller but will impact the community as a whole. Therefore based on the size of the class that may receive a benefit or harm, there is no special gain or loss to Commissioner Hiller that would prevent her from voting on this item. Thank you. Colleen M. Greene Assistant County Attorney (239) 252 -8490 Fax (239) 252 -6300 Jeff, Commissioner Hiller asked this Office to review the Naples Equestrian Zoning Petition scheduled for Tuesday, October 8, 2013 (Item 8A) to determine whether any potential or perceived conflict of interest may exist regarding her vote on this item. As we discussed, there is no statutory conflict of interest and in my opinion no apparent conflict of interest exists either. Commissioner Hiller lives in the Pine Ridge Community in close proximity to the Naples Equestrian location also within the Pine Ridge Community. Although there may be close proximity between the Commissioner and the Petitioner's location, this alone does not create a statutory conflict. The prohibition on voting conflicts is found in Section 112.3143(2)(a), Fla. Stat., and provides: "[A] state public officer may not vote on any matter that the officer knows would inure to his or her special private gain or loss." There is no special private gain or loss to Commissioner Hiller in voting on this item. This statute was amended in July 2013 to specifically define a special private gain or loss. The amendment provides: Section 112.3143(d) "Special private gain or loss" means an economic benefit or harm that would inure to the officer, his or her relative, business associate, or principal, unless the measure affects a class that includes the officer, his or her relative, business associate, or principal, in which case, at least the following factors must be considered when determining whether a special private gain or loss exists: 1. The size of the class affected by the vote. 2. The nature of the interests involved. 3. The degree to which the interests of all members of the class are affected by the vote. 4. The degree to which the officer, his or her relative, business associate, or principal receives a greater benefit or harm when compared to other members of the class. The degree to which there is uncertainty at the time of the vote as to whether there would be any economic JMS TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT EVALUATION of the NAPLES EQUESTRIAN CHALLENGE October 4, 2013 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 761 21ST STREET NW NAPLES, FLORIDA 341 20 (239) 919 -2767 CERTIFICATE OF AUTHORIZATION NO. 27830 (PROJECT NO. 1 3091 3) JAME FLORI I /a-4 - 20J3 DATE Sl JM8 TRANSPORTATION ENGINEERING, INC. 8 A TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES NAPLES EQUESTRIAN CHALLENGE October 4, 2013 Existing Operation and Proposed Expansion Naples Equestrian Challenge (NEC) is a non - profit equine- assisted therapy facility that provides services to children and adults with special needs. The equestrian facility is located on the southwest corner of Center Street and Goodlette -Frank Road, within Collier County, Florida. NEC's programs consist of individuals obtaining therapeutic benefits by participating in equestrian- oriented activities. The participants are closely supervised by no less than one (1) or as many as three (3) volunteers per rider, depending on their age and/or specific needs. Because of the strict supervision requirements, all sessions are provided on a "scheduled appointment" basis only. Currently, the facility can accommodate no more than four (4) participants at a time and each therapeutic riding session is for a period of approximately 30 minutes, except for some children and adult equine - facilitated learning or psychotherapy sessions which vary from one to two hours long. During the longer sessions, there are no other concurrent riding events. NEC begins its first class at approximately 8:00 AM and currently ends the day between 6:30 PM and 8:00 PM. NEC is proposing to expand its facility by constructing an additional riding arena, barn and training room contiguous to the south of the existing grounds. At various times of the day, there will be concurrent classes at both the existing and new riding arenas. Existing and Future Traffic Conditions In order to quantify the volume of existing background traffic on the adjacent streets and trips currently generated by NEC, traffic counts were conducted during the highest peak demand periods (i.e., between 8 & 9AM and 4 & 6 PM). The traffic counts were obtained at NEC's site accesses and at the intersection of Center Street & Goodlette -Frank Road. Because the traffic counts were obtained during the month of October, a seasonal adjustment of 1.15 was applied to the data to reflect peak season traffic volumes. The traffic count data is attached. In addition to obtaining the traffic data, JMB conducted field observations of the traffic conditions /operations on Center Street, Goodlette -Frank Road and Ridge Drive. Based upon the data collected at NEC's site accesses, JMB determined that the findings and conclusions contained in the NEC Traffic Assessment Report, which was prepared by others and deemed acceptable to Collier County, were correct. As previously estimated, NEC currently has an averaged peak traffic demand of approximately 18 entering trips during the PM peak hours. JMB found the total two -way trips to be 26 vph. Note, the project's two -way trip determinations reflect an average peak demand, which is subject to reasonable fluctuations. 761 21 ST STREET NW, NAPLES, FLORIDA 341 213 PHONE: (239) 91 9 -2767 JMB TRANSPORTATION ENGINEERING, INC. Furthermore, JMB's evaluation and observations of the existing traffic conditions supports the following conclusions: Center Street Center Street is a two -lane local road that has a peak season peak hour two -way traffic demand of approximately 270 vph. The current demand is less than 25% of the road's carrying capacity. Based upon the demand vs. capacity (v /c ratio = 0.25), it was concluded that Center Street operates at a level of service LOS A. Ridge Drive Ridge Drive is a two -lane local road that has a peak season peak hour two -way traffic demand of 175 vph, which is less than 15% of the road's carrying capacity. Its v/c ratio = 0.15 which supports the findings that the road operates at LOS A. Center Street/Ridge Drive Intersection This intersection is a four -way stop controlled intersection with a total peak season peak hour four -way approach volume of less than 600 vph, which is less than 35% of the intersection's carrying capacity. As determined, this intersection functions at a v/c ratio = 35% which is LOS A. Center Street /Goodlette -Frank Road This intersection is a "T" configuration and the north/south approaches (Goodlette -Frank Road) is under free -flow conditions. The north/south approaches have three through lanes /direction, there is a northbound -to- westbound left turn lane and a southbound -to- westbound right turn lane, and the eastbound approach has a separate left and right turn lane. The intersection has all the turn lane provisions necessary to accommodate the traffic demands and no further improvements to the intersection are warranted. As determined, the turning movement volumes are relatively low at this intersection and JMB estimates that the side street approach operates at LOS C and better and LOS B or better for the north/south approaches. Future Traffic Conditions As previously mentioned, NEC is proposing to expand its capabilities by constructing an additional riding arena. At various times of the day, there will be concurrent classes on both the existing and new riding arenas. To be conservative, JMB analyzed the increase in traffic impact assuming that the most significant impact will occur during the PM peak hour. During the PM peak hours, the new arena will typically be used for riding sessions consisting of six -to -nine (6 -to -9) riders and three (3) supervisors. The duration of the PM sessions at the new arena are expected to be one hour or more and will start around 5:00 PM and end sometime after 6:00 PM. Therefore, the expected net new PM peak hour trips generated between 4 & 6 PM will be more weighted towards ingress trips and will average no more than 15 two -way trips during normal use. The estimated net new trips reflect an average peak demand, which is subject to reasonable fluctuations. JMB TRANSPORTATION ENGINEERING, INC. The estimated net new trips represent 5.6% of the existing background traffic on Center Street and less than 1.5% of Center Streets carrying capacity. The impact of the net new trips generated by the proposed expansion will be negligible and will not degrade the operation or level of service of Center Street, Ridge Drive, or Goodlette -Frank Road, or their respective intersections. More specifically, all roadways and intersections will continue to operate at acceptable levels of service, regardless of the net new trips generated by NEC. As part of NEC's efforts to minimize its impact on the adjacent road network, the site's primary access will be relocated on Center Street concurrent with the completion of the proposed changes. It should be noted that JMB does not find this necessary because the adjacent roads and intersections have a substantial surplus of capacity to accommodate NEC's net new trips regardless of whether or not the site maintains access to Ridge Drive. The access on Center Street will be located approximately 320' to the west of Goodlette -Frank Road, which places it at an appropriate distance from the intersection of Center /Goodlette -Frank as well as Center / Ridge Drive. The proposed access location exceeds the County's minimum intersection separation criteria and will ensure that there are no turning movement conflicts with the two adjacent intersections. Conclusion As determined by JMB, the trips associated with the proposed additional therapy riding arena will be less than 1.5% of Center Streets carrying capacity, and all roadways and intersections within proximity of NEC will continue to operate at acceptable levels of service, which have been described below: Road or Intersection Level of Service Center Street A Ridge Drive A Goodlette -Frank Road A Center St/Goodlette Frank C Center St/Ridge Drive A The relocation of the project's primary access on Center Street will be strategically located to ensure that there are no turning movement conflicts with either the intersection of Center /Goodlette -Frank or Center/Ridge Drive and the proposed location exceeds the County's minimum intersection separation criteria. The volume of traffic entering /exiting the site's access on Center Street will not appreciably affect east/west traffic flow nor create any undesirable traffic issues. Date of Survey: Start Time 7:00 AM 7:15 AM 7:30 AM 7:45 AM 8:00 AM 8:15 AM 8:30 AM 8:45 AM 9:00 AM Start Time 4:00 PM 4:15 PM 4:30 PM 4:45 PM 5:00 PM 5:15 PM 5:30 PM 5:45 PM 6:00 PM Naples Equestrian Challenge Trip Count October 3, 2013 0 0 0 0 0 2 4 6 Stop Count at 9 AM 0 4 1 5 5 3 3 Stop Count at 6 PM 0 0 0 0 0 0 1 0 0 5 3 2 0 3 1 6 INTERSECTION TURNING MOVEMENT COUNTS Intersection: Center Street @ Goodiette Frank Road Date of Count: 10/3/2013 Thursday Northbound L T R 4 0 0 3 0 0 3 0 0 8 0 0 18 0 0 19 0 0 55 0 0 1 100.0% 0.0% 0.0% 1 21.4% 0.0% 0.0% 1 21.4% Southbound L T I Eastbound I 8 Westbound 5 AM Period I L T R j L T R 7:30 - 7:45 1 0 0 21 1 0 0 0 7:45 -8:00 1 2 0 15 1 0 0 0 8:00 -8:15 I 2 0 19 1 0 0 0 8:15 -8:30 1 6 0 16 I 0 0 0 8:30 - 8:45 j 5 0 25 I 0 0 0 8:45 - 9:00 1 8 0 22 1 0 0 0 AM Totals I 1 23 0 I 118 1 4:45 -5:00 I 8 0 Approach % 1 16.3% 0.0% 83.7% 1 9 0 0 ( % / Lane 1 8.9% 0.0% 45.9% 1 I 11 0 11 1 % / Inter. 0 54.9% 11 0 0.00/0 0 Northbound L T R 4 0 0 3 0 0 3 0 0 8 0 0 18 0 0 19 0 0 55 0 0 1 100.0% 0.0% 0.0% 1 21.4% 0.0% 0.0% 1 21.4% Southbound L T R 0 0 8 0 0 5 0 0 4 0 0 18 0 0 14 0 0 12 0 0 61 1 0.0% 0.0% 100.0% 1 0.0% 0.0% 23.7% 1 23.7% AM Period 8:00-9:00 PM Period 5:00 - 6:00 PEAK HOUR TURNING MOVEMENT VOLUMES Eastbound 1 Westbound I Northbound L T R I L T R I L T R I I 10 0 71 I 0 0 0 1 18 0 0 56 0 60 0 0 0 72 0 0 CenterGoodlette -1 Intersection: Center Street @ Goodiette Frank Road [Zl Total All Aporch's 33 25 28 48 62 61 64 56 61 37 46 67 63 59 257 453 Southbound 1 L T R 1 I 0 0 35 1 134 I I 0 0 47 1 235 1 Eastbound 1 Westbound 1 Northbound j Southbound 1 PM Period I L T R 1 L T R I L T R I L T R 1 4:00 -4:15 1 18 0 16 I 0 0 0 1 20 0 0 I 0 0 10 1 4:15 -4:30 1 10 0 15 1 0 0 0 1 20 0 0 j 0 0 11 I 4:30 - 4:45 1 15 0 24 1 0 0 0 1 16 0 0 1 0 0 6 1 4:45 -5:00 I 8 0 11 j 0 0 0 1 9 0 0 ( 0 0 9 1 5:00 -5:15 I 11 0 11 1 0 0 0 1 11 0 0 1 0 0 13 5:15 -5:30 1 21 0 19 i 0 0 0 1 19 0 0 ( 0 0 8 j 5:30- 5:45 1 13 0 16 ( 0 0 0 1 20 0 0 1 0 0 14 5:45 - 6:00 1 11 0 14 ( 0 0 0 1 22 0 0 1 0 0 12 I PM Totals i 107 0 126 j 0 0 0 j 137 0 0 j 0 0 83 Approach % 1 45.9% 0.0% 54.1% j 1 100.0% 0.0% 0.0% ( 0.0% 0.0% 100.0% % / Lane 1 23.6% 0.0% 27.8% 1 0.0% 0.0% 0.0% I 30.2% 0.0% 0.0% I 0.0% 0.0% 18.3% j % / Inter. 51.4% 0.0% 30.2% 18.3% AM Period 8:00-9:00 PM Period 5:00 - 6:00 PEAK HOUR TURNING MOVEMENT VOLUMES Eastbound 1 Westbound I Northbound L T R I L T R I L T R I I 10 0 71 I 0 0 0 1 18 0 0 56 0 60 0 0 0 72 0 0 CenterGoodlette -1 Intersection: Center Street @ Goodiette Frank Road [Zl Total All Aporch's 33 25 28 48 62 61 64 56 61 37 46 67 63 59 257 453 Southbound 1 L T R 1 I 0 0 35 1 134 I I 0 0 47 1 235 Date of Count: 10/3/2013 2013 PEAK HOUR TURNING MOVEMENT VOLUMES I Eastbound I Westbound I Northbound I Southbound I I L T R 1 t. T R I L T R 1 L T R I AM Period I 10 0 71 1 0 0 0 ( 18 0 0 1 0 0 35 I I I I I PM Period 1 .56 0 60 I 0 0 0 I 72 0 0 1 0 0 47 2013 PEAK SEASON PEAK HOUR TURNING MOVEMENTS Seasonal Adj Seasonal Adjustment Factor = 1.15 I Eastbound I Westbound I Northbound I Southbound 1 I L T R I L T R I L T R I L T R 1 AM Period 1 12 0 82 1 0 0 0 I 21 0 0 1 0 0 40 1 I I I i I PM Period 1 64 0 69 I 0 0 0 I 83 0 0 1 0 0 54 1 CenterGoodlette- 2 Intersection: Center Street @ Goodiette Frank Road A A 40 1 1 54 1 1 1 1 1 1 1 12 1 1 64 v I v 40 0 0 1 54 0 0 I I I I I I I I I I I I I I < ____ -_ v ____ > 1 < _ _ v _ __ > A n 1 n n 61 12-1 1 —0 0 1 137 64-1 1 -0 < <___- I <___ <� 0 0 ---- -> 2013 AM PEAK HOUR < —0 1 0—> 2013 PM PEAK HOUR < -.0 -----> -- -- -> I ----> 0 —> 93 82-1 1 - ---- 0 0 1 133 69-1 1 -0 v v I v v < ___ n - -- > I < _— A > I I I I I I I 1 I I I I I I 21 0 0 1 83 0 0 A 1 n 82 1 I 69 I I I I I 1 21 I 1 83 v v CenterGoodlette- 3 Mr, Naples Equestrian Challenge Traffic Assessment The Naples Equestrian Challenge (NEC) provides equine assisted activity and therapy programs for special needs children and adults at their Pine Ridge location. In the past year NEC served more than 400 participants. Program participants are assisted by staff and volunteers of the NEC during each of their one -half hour riding sessions. Estimates provided by NEC staff indicate that the peak number of hourly vehicular trips entering and exiting the site is approximately 18 trips. Attached is a spreadsheet prepared by NEC breaking down the vehicular trips on an hourly basis for the existing facility. NEC is seeking conditional use approval for two properties, one of which has been owned by NEC and currently serves as pasture and paddock areas for the facility. Lot 19 (182 Ridge Drive) which is included in the pending conditional use application is proposed to have additional riding, stabling and volunteer training facilities constructed upon approval of the conditional use. The new riding arena, barn and training room is approximately 6,600 square feet and will allow a few additional sessions to be conducted concurrent with existing programs; however, it is anticipated that a minor increase in the daily traffic will occur. The conceptual plan prepared for the conditional use application depicts the proposed site improvements, including the addition of parking at the 182 Ridge Drive property. The additional parking may or may not be improved with asphalt, and its primary purpose is to serve participants using the small arena, special events, or during volunteer training. In converting the visitor trips estimated by NEC staff to vehicle trips. We have used the average visitor trips during the PM peak hours and multiplied that number by two to achieve to determine the total entering and exiting vehicle trips. Based on the square footage of the enclosed buildings, we can determine a vehicle trip per square foot figure, which can be applied to the proposed site improvements. Existing PM peak hour average 18 vehicle trips 18/10,000 square feet building area =1.8 trips /1000 s.f. Estimated vehicle trips for new improvements 6,600 f square feet building area/1000 = 6.6 6.6 x 1.8 =11.88 (12) peak hour trips Due to scheduling for volunteers and program participants, the new additional estimate of peak hour trips is likely greater than actual trips anticipated; however, the PM peak hour is a low volume figure and will have no impact on the County's road network. 8A ,.„„:„„,.,,,.,„,.....;.„:„:, . ...,. .:O- O H 0-ci N - _ . o z-_ O 4":"... -. N N N 1 IC y " U - a D r - ''- Y Q Co.W..W CO CO r^i 1^ .--t CO CO CO CO co Y .�-+ N .�-L ti - N c >- 0. D c 'u K a N N - I N N N F 0. C-I Q ,Y ON R r r 00 00 oo W w a 0 L l0 M O N d' .-t O O a m 0`0 ea n m m .-t .- + .-1 CO CO lD O en CO l0 lD O t= ° �^ m m m m n en m m co 00 s t' H ci a-1 e-f N c-1 r1 .O a a V O N tL N T a to X to t9 up LO to t0 l0 <D lO tO N N v to r H .. _..... 15 .91 o Q.:::. o o `° ' rn o ti- 40c emnon NN s N :t Y i;to a o 73 : _ W r o t r R t I d to �f' tD�� tD� O �'�t0 O tD O s F �' ct .4- co W W oo m -2 c > a r Q V 0 17; F [i' 'a tD 'a d' V' �f 'a 'a to N O O. R U r. - w ,NO.,.r� . "' ';',11, 'IQ., O !� f` N.6o-.00 00 `-' c O �^ Q v( - O ri b 00 CO e-76- O - N co_ '.-W W N r m N m E ON :., - - v w > u . o 0n o O c .N C a n • (0 th : ', V-_ <f V lO to -: lO d,;...,.0:,K3-:-.,lO N 7 o c ° V - Q 7 .0 .. w \ �o m o ° o a s a o Q O- Q 0. t Z s° CO cn rt N Z a N m st ua t.- CO t- t Grant N - B-12-UC-12-00196 CFDA/CSFA-# - 14.218 Subreciptent — Naples Equestrian Challenge, Inc. DUNS # - 029483800 FFTI R - 20-3571795 FY END-1-31-13 Monitoring End-9-30-2033 AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES EQUESTRIAN CHALLENGE THIS AGREEMENT is made and entered into this 14th day of May 2013, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address as 3339 E. Tarniam! Trail, Naples FL 34112, and the "Naples Equestrian Challenge", a private not-for-profit corporation existing under the laws or the State of Florida, having its principal office at 206 Ridge Drive, Naples, FL 34108. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and niodetate income persons and neighborhoods and to alternatively use Community Development Block Grant (CD6G) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for pet-sons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, each year, the COUNTY prepares a One-Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligib)e activities for the benefit of low and moderate-income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation Of ValiCLIs Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 %vith a 30-day citizen comment period from March 14, 2013 through April 15, 2013; and WHEREAS, on May 14, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $520,000 to the Naples Equestrian Challenge, Inc. for Property Acquisition located at 182 Ridge Drive, Naples, FL 34108, and Nitpics Equestrian ChAlIcnp, Inc. CI)B(, (CI)s 13-08) llropcny Acciukilion Page I of 26 IN& &900 NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: SCOPE OF SERVICES Thc SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program outlined as follows: The FY 2012-2013 Annual Action Plan identified and approved this project to Naples Equestrian Challenge, Inc. for the following: Project CompOLIC11t. Acquire property located tit 182 Ridge Drive, Naples FL, Parcel 967185040009. Specifically. improvements identified for funding are outlined in the budget in Section Ill. All activities funded with CD13G funds must meet one of the CDBG program's National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slunis or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 11. TIME OF PERFORMANCE AO—N, Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31st day of October, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIP[ENT remains in control of CDBG ftinds or other CMIG assets, including program income. 111. AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED AND TWENTY THOUSAND DOLLARS (5520,000) for the use by the SUBRECIPI ENT for PROPERTY ACQUISITION during the Term of the Agreement (hereinafter, the allorestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "funds "), The SU'BRECIPIENT project budget shall be as follows: Line Item Description CDBG [-Prooc--r1-vAcQuiSiti011 located at 182 Ridge Drive, Naples FL I S520,qq�j 'roTAL S52 Modifications to the -Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall be made with board approval. Naples Lqucstrian Ch-,01-9c. Inc. ( I)BG WDS 13.08) Propert\ Acquisition Page 2 ot'26 (CAD I`-", It BA All improvements specified in Section [ Scope of Services yhu| be omr�,rnnmd by SQBREClP/ENT competitive cmp|oyocu. or xbe|) be put out hcompetitive bidding under u procedure 'cnp�b� to the COUNTY and Federal requirements. The SOBRE[IP(6NT shall enter into contract for improvements with the |owext, responsive and qualified bidder. Contract administration shall be handled by the 3DBRGCIPlEy4'F and monitored by H|fV8, which uhu}| have access to all records and documents related to the project. The .Cuuo\y shall ocin�boocthe SU8BLECiTqENThn(&:perhnn�moouuf this /\gneemeotupon completion or �naimm�i000��c��t�m�uc�(� and n����l)BVS�/�nt�i� submittal 'f quarterly progress reports, Invoices t*orwork perfbnmedare required every month, If no work has been m�n�d�/ that month, mviyihoOUBF�F(]P|ENTis not yet p *u send the roqu�ed a $O� invoice will he ' required. Explanations will be required if two consecutive months n[$O invoices are submitted. Payments uhm|} be made to the SUBRIEClPIRNIT when requested as work progresses but, not more frequently than once pc,ninn(h, Final invoices arc due no later than 4O days after the end of the agreement, Work performed during the icrin ol'the program but not invoiced within 90 days without writtcn exception from the Grant Coordinator wil I not be reirribursed. No payment will be made until approved by HFIVS for grant compliance and adherence to any and all applicable local, state orFederal requirements Payment will hc made upon receipt o[uproperty completed invoice and in co/npliwnnewith 8218,70, Florida Statutes, otherwise known uu the "Local Government Prompt Payment Act.^^ The /6I lowing table deWiIsthe pro 'u%delivemhbs and payment schedule. Deliveraiii—e— Payment Schedule Property Acquisition Reimburse for allowable expenses for property acquisition. Supporting documentation including but not limited to closing dOCUI-flents,appraisal,survey i and HUD settlement statement must be submitted for reimbursement A rniniMUni of 200 low and N/A moderate income persons pet- year as evidenced by submission of the Exhibit D quarterly until 2033 Income qUalification N/A activities for pailicipants who will be LMI pet-sons; 51% of persons served must fall at or below 80% of AMI 1 Inventory; As evidenced by N/A annual property appraiser records and property insurance Nv"=c4ucxmm Challenge. Inc, ,mx.(nuu^m> 0 IV. N0TICE.S Notices required 6vthis Agreement shall be in writing and delivered via mail (postage prepaid), commercial onxhcr, or personal delivery or sent by facsimile or other electronic omncm. Any notice delivered or ,cn\ its aforesaid shall be effective on the duh: of delivery or sending. All notices and other written Cmnouunjom(iuos under this Agreement uboU be addressed to the individuals in the capacities indicated he|ovv' unless otherwise modified bv subsequent written notice, CDDJF.11 COUNTY ATTENTION: Sandra Marrero, Grant Coordinator 33}gETanniami Trail, Suite 2i\ Florida 34112 (239)252-2399 mnndrwmorn:ro(cDuo|Ucrgnv.net SUBREC|P)ENT ATTENTION: Kim Mhnuruh. Executive Director Naples Equestrian Challenge 206 Ridge Drive Nup\cs,FL34|O0 (239)548'2488 kcniomricb��t)nup|coequestriuocho|(*n8c.org V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agrccuzcrS between COUNTY and HUD gp*cmirg CD8G yoodx pertaining to this Agreement, In the em:uL of curtailment or non -production o[euid(edcru| funds, the financial sources necessary tm continue to pay the 8UBR8ClPlBNT all or any portions o 1* tile funds will not be available, In that event, the COUNTY may terminate this Agreement, which ten-nination obo]| he effective as of' the dnk: that it is determined by dle County Manager or designee, in his-her an|e discretion and judgment, that the Funds are no kxuzcr available. In the event of such termination, Ulo SDBR6��U`|�N�[ uArecm that it will not look (o` nor u ` t0 hold the C0lJNT`/, nor any individual ineonherof the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY xhu|| be released from any further liability to8UB}iEC[PlENT under tile terms ofthis Agreement. Vk GENFRAL CONDITIONS A. S(i8CONTRACTS No part of this Agreement may be mnuigocd or subcontracted without the written consent of the COUNTY. which consent, if given at all, shall be at tile COUNTY's sole discretion and judgment. 13� GENERAL COMPLIANCE The SD8BEClPICM7 uUp«*a to comply with the requirements or Title 24 of the Code of Federal Regulations, Part 570 (the U,S, Housing and Urban Development regulations concerning Community ,apIm KkJUCSLriv Chaknge, Inc. onu/x,/m//-0»> 0 Development Block Grants (CDBG)) including r., subpart K of these regulations, except that (1) the SUBRI'CIPIRNT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, sate and local laws, regulations, and policies governing the funds provided under this contract. The SUBRFOPIEVY further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available, C. IND FfIE'N DENTCONTRACTOR Nothing contained in this Agreement is intended to, Or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain tin *,independent contractor" with respect to the services to be performed under this Agreement. Unless othei-w-ise provided by the Scope of Services, the Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, Iiie and/or medical insurance and Workers' Compensation Insurance, as the SUBRI`CIPlF.NT is an independent contractor. D. AIMENDMENTS The COUNTY or SU13RECIPIENTT may amend this Agreement at any time Provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative or each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to A#--N end date ol'this agreement, The COUNTY may, in Its discretion, arricild this Agreement to conform with Federal, state or local gLwernmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope or services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBREICIPIFNT. Expiration of'Agreement: If the SUBRECIPIENT does not complete the project within the time period. the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this agreement. E. INDEMNIFICATION To the maximum extent pen pitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs. and causes of` action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons. guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRFCIPIFNT in the pci-formance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of Napics I 4uemi ian 01,11cligC, Inc. 13-OX) Page 5 of 26 ni� Ll any nature �\;hatsoevcr in connection therewith and shall delend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall SLlr\'I\e the termination and /or expiration of' this Agreement. This section does not pertain to any incident arising Crom the sole negligence ul'Collier County. The foregoing indemnification shall not constitute a waiver of'sovereign immunity beyond the limits set forth in Section 768.28, Rloricki Statutes. C, GRANTEE IZI-COGNI'l-ION/SPONSORSHIPS The SOBRECIPILNT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SLJBRE('IPlr.,,NT for, on behalf of*, and/or about the Program shall include the statement: "FINANCED 13Y U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT„ and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public, Construction signs shall comply with applicable COUNTY codes. G. TERIVINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the St."BRECIPIFNT materially fails to comply with any terms of' this Agreement, which include (hut are not eo--, limited to), the following: 1. Faili.11-C to Comply with any of the rules, regulations or provisions referred to herein, or such statutes. regulations. executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations tinder this Agreement; I I nelTective or improper use of funds provided Linder this Agreement; or 4, Submission by the SUBRECIPIENTto the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85,44, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for Such termination, the c1lectivc date, and, in the case of'partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the PLII-POSC for which the award was made. the (3rantice may terminate the award in its entirety, Napics Fqucstrum Challenge. hiv, CDfiG (0)s 13-Oto Projwriy Acquisition Page 6 of 26 (C () |n the event ofu termination nf this Agreement or upon expiration oy[fie Agreement and in addition to all), and all other nencdicy available 10 the COUNTY (whether under this Agreement or at law or in equity) the SU8}([CU`[EN'[ ohoU immediately bonoi'ez to the COUNTY any funds on hand at the time o[ termination (or expiration) and any accounts receivable attributable to the use of(~DBC} funds. The COUNTY`u receipt o[any funds on boud at the time o[uernliaudoushall not waive the CU\JNT\/`u right (nor excuse SUBRECE{F9GNT'x obligation) to recoup all or any portion ofthe ILinds, as the COUNTY may deeril necessary, Any rea) property under tile SUBRB3P|ENT`u control that was acquired or improved in whole or in part withCDBU funds (including CDQG funds provided to the GUBREClPIENTin the lorm ofo loan) in excess of'$"-, 5.000 as outh tied in 24 CFR 570,505 must either: u, Be used tomec( one o[|henational objectives in 24 CFR 570.208 (formerly section j7090l\until 8m (5) years after cmpimhun of* tile term o[ this Agreement or flor such longer period of time as determined to be appropriate by the COUNTY and as nunromtw|izcd by the COUNTY and the SUUREC(P)ENT in an uo)*udmmcn( to this Agreement or such instrument as the C{)l}N'yY at its discretion determines appropriate; or h. If not used in accordance with the above subsection (m) the SDBRECI9lEN'[ sbm|\ pay 10 the COUNTY an wnununt cqu0| 1u the current market value of the property less any portion of the value attributable to expenditures o[ non-CDBG funds for the acquisition of or improvements to, the property. Nn payment iu required after the period of time specified in subsection (n). Title to equipment acguired by SUBRECIPIENT shall vest with the SUBRECIPIENT. subJect to the qgnditions outlined in 24 CFR 84.34. Tille to sul2plies and other exRc dable property shall vest with the SUBRECIPIENT upon acquisition subieci to the conditions outlined ill 24 CFR 84.35, VIII. INSURANCE. SU8REC|PlCNshall o� not commence any work and/or services pursuant to this until all insurance required und#rthis Section and outlined in Fzh|bit "A" has been obtained, and carried` at all dueo during its performance. lX. ADNIIUNI8TRATIVE REQUIREMENTS A, EXAMINATION ()FRECORDS The 8UQR2OP|!3NTubaDonuinu/imuuO]deu reco�sio accordance �vdb34(�PRj7�5OZ and 57O�O6 u,J*ienninccomp|iauce with the vcgui,on#n1 o[thiy Agreement, the CDBO Program and all other applicable la"s and regulations. ]'his documentation shall include, but not be linlited to, the l'ollowing: B. DOCUMENTATION AND REC()K[>KGEPlNG All records required b,CC)8G. 2. All reports, plans surveys, information, documents` inaps, books, records and other data Naples |wc uxwmmu-()8/ 0 �l procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of Whatever nature for which reimbursement is claimed Linder the provisions of this Agreement. 3. Upon completion of all Nvork contemplated under this Agreement copies of all documents and records relating to this Agreement shall be stinrendered to 141 IVS if requested, In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location For four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as Outlined in 24 CFR 85.42. 4, The SUBRI,CIPIENT shall maintain records showing compliance with the Davis-Bacon Law, including tiles containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and admIRIAT81iVe cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law, Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation, The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines, The SUBRECIPIENT agrees that 1411VS shall be the final arbiter on the SUBRE.CIPIENT's compliance. 6. The SUBRE'CIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility reqUiremcrit(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570,209, income certification, and written Agreements with beneficiaries, where applicable, C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15'h day Of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data IsapIcs, Fquestrian Challengc, Inc, CD1iG (CM, 13-09) 11rolicil) Acquidlion Page 8 of 26 0 ff:vr� 110-11, on client 1'ecdback with respect to the goals and objectives set forth in Exhibit "D", Exhibit "D" contains an example reporting form to be. used in fulfillment of this requirement, Other reporting requirements may be required by the County Manager or their designee in the event of' Program changes-, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested doC411l1C11t0ti01l not received by the due date shall be considered delinquent and may be cause For default and termination of' this Agreement. During the term, SUBRECIPIF i NT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SLIBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu ol'an on-site visit Fhe continuation of this Agreement is dependent upon satisl'actory e . valuations. The SUBRECIPIENT shall, upon the request of HHVS, submit inibrillation and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRI",CIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREWNTS, The SUBRECIPIE.NT agrees to utilize funds available Linder this Agreement to supplement rather than supplant !'ands otherwise available for specified activities, L PURCHASING All Purchasing, for services and goods, including capital equipment, shall be made by purchase order or by a writicil contract and in cunfurn-ifty with the thresholds of Collier County Purchasing Policy. PurchasinutThreshold Policy Dollar Range ($ ) Quotes Under $3K I Written Quote Above $3K to$ 1 OK 3 Written Quotes Above $ 1 UK to $50K 3 Written Quotes Above $50K Request for Proposal= r Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during nuri-nal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement ficir review, inspection or audit. G. PROGRAM-GENERATED INCOME Any `'Program Incorne" (as such term is defined Linder applicable Federal regulations) gained from any activity or the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBR'ECIPIENTand shall be in compliance with 24 CFR 570,504(c) in the operation of the Program. Fquestriall chuilenge. Inc. Viopcity Acquisition Page 9 of 26 Fral fl. GRANT' CLOSEOUT' PROCEDURES SUBRI-CIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments. disPosing, of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances. and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention, X. OTHER PROGRAM REQUIRI-WENTS A, OPPOR'WNITIES FOR RESIDENTS AND CIVIL RIG11TS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded I*rom the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities Derr training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in corincetion with the project, The SUBRIICI P[ ENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 13, OPPORTU"NITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS EN*FERPRISES The SUBRE-.CIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms *-small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" mearts a business at least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, '*minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT trial%, rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C PROGRAM BENiEFICIARIES At least filly -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- incorne persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries cuunty\,vide, more than thirty percent (30%) oi*the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. Napic, Equestrian ticstrimi Challenge. Inc. �' DIIG (CI)s 13.08) Property Aequ. sifion Page 10 of 26 ?e-111 D. AFF"IRMATIVE ACI'ION PLAN The SUQK�C|PlSWT agrees that it shall he committed to carry out pursuant to the COUNTY`u specifications an Affirmative Action Program in keeping with the principles as provided in preyhjcot`x Fxruurivu Order 11246 of September 24. 1986. The COUNTY mhu\| provide AfDmoo\iYe Action guidelines to the S\}BRFC|P|ENT|u oyyiut in the Donnu\uJiun Of Such program. The SD8R6ClPlENTsheJ| submit aplan for in Affirmative Action Program for approval prior (u the award oyfunds. The SU8REC|MENT covenants that naperson under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal OuwncioJ btereu, direct or bx]ircd, in the ��i/�om���ut|��,�\���m��in�m���d����� of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the 8UBREC|P|FNT. The 3DB8LEC|PYSNT covenants that it will comply with all provisions o[24 CFR 570.611 ''[on|li(t of |ntcruot^, anJ the State and County statutes, regulations, ordinance or resolutions governing coo|l,ctso|'in|creu\. Any possible conflict of Interest on the part of the 0OBREC1plSNTor its employees obaU hc disclosed io writing \uHll\/8 provided, however, that this paragraph shall be interpreted iu such u manner oo us not to unreasonably impede the statutory requirement that rnuxiolumo opportunity be provided for employment n|'und participation of low and modcrote-inconic residents o[ the project turgetureu. Xl. CONDITIONS FOR RELIGUOUS@RGAMVZATKOMQ CDB( funds may be used 6vreligious organizations or on property owned hv rn8uk»ua organizations /~~~~ only in accordance with rm4uimnnn(x set in Section 24 CFR 578.2000\ The8DBREC}yIBNr shall comply with First Amendment Church/State principles as rollows: o. It will not discriminate against any employee or applicant for employment oil the basis of religion and will not |inni( employment or give preference in employment to persons on the basis o[religion 6. It will not dixu6noi/uno against any person applying for public services on the basis u[religion and \,\ill not limit such services or give preference to persons on the basis of religion c. 11 will retain its independence fromnFederal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it duom not uxedirect CD8G funds to support any inhennoi|I religious activities, such as worship, religious instruction o,proselytizing d. The funds shall not be used for the acquisition, construction nr rehabilitation ofstructures to the extent that those structures are used for inherently religious activities. Where u structure is used for both eligible and inherently religious activities, C[}BC} funds may not exceed the cost of dnmc portions ofUhc ucquia\\iUn, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting nequinznuco(s applicable to CQBG funds in this part. Sanctuaries, chapels, or other roorns that a CDBG funded religious congregation uses as its principal place o[ worship, however, are inr||Qih|n GorCQ8G funded improvements. XI[. SEVERABKLITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not 4|Tcc\ the validity nrnufbnsubibiy oyuay other section ur part thereof. ^~~N, w^rlc^/q*mn^*om/lcng, uc n)px/Woxo-Om/ �� 0 A 0 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 20, 3. A'ITEST: BOARD Of C T C MMISSIONERS OF DWIGHT 5- Bl2bC�, CLERK COLLIER CO R11DA 01—kAkAj By: GEORGIA HI aEf, ESQ., CHAIRWOMAN Dated : r . �SIEAL) Naples Equestrian Challenge, Inc. 4�m Kim Minarich -- -1 Kim Min_arigh, EZ;gcutiylc Director Subtecipient Name and Title Approved as to form and legal sufficiency: Jennifer R White, Assistant County Attorney Naples Equestrian Challenge, Inc, CD8G (CDS 13-08) ProWn) Acquisition Page 12 of 26 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECtPlENI shall furnish to Collier County, clo Housing, Human and Veteran Services |}* part tile ni. ]J]9 E. Tumiurn( 'frail, 8nbuc 211. Naples, Florida 34112, [ortificate(u)o[Insurance evidencing |. Workers' Compensation asrequired by Chapter 440Flwield Statutes. Commercial General Liability including products and completed operations insurance in the ernount of* S| per occurrence and $2,000,000 aggregate. Collier County must be shown uaanadditional insured with mnpao| to this coverage. � Automobile Liability Insurance covering all nvvnc6' non-owned and hired vehicles used in connection with (his contract inanonnouot not less than $1,000,000 combined single limit for combined Bodily l 'ury and Property Damage. Collier County shall be named as on additional AFxPPUCh8Le) In addition {u the insurance required in i - } above, n Certificate of Insurance cnmg he provided as 4. Pmnl'essional Liability Insurance in the name of the SDBRECI9IENT or the licensed design 10� pro/essiona\emp|oyed by tile SUBRFCIP{BN"r|uunamount not less than 0,000,000 per mccurnxcc/$}lKK),0XX> aggregate providing for all ouons which the SDBRGC]PlENT and/or tile design pno[csxional xho|} become legally obligated to pay as duotogen [br claims arising out of the services po,|hnned by the BU8FtGC(9I[NT or any person employed by the 8DBK6C[PlEN]' in connection with this contract. This insurance aho|| be maintained for o period or two (2) years after the certificate of Occupancy in itmucd. Collier County uboi} be named aoon additional insured. COWMA-1 ION PHASE (IF APPLICABLE) In addition to the insurance required in I -4 above, the S{}BREC{PEYNT shall provide or cause its Subcontractors to provide original ccdiUcmteuindinu(ing\h*Dui|nvinglypwoof insurance coverage prior toany 5. Completed Value Builder's Risk Insurance 000n -All Risk" basis iomn amount not less than one hundred (100%) percent of the insurable value of the building(s) m . The policy shall be in the tiarne of Collier County and tile SUBRECIPIENT. 6. Lo accordance with the requirements o[the Flood Disaster Protection Act of 1973 (42 US.C. 4001). \hu Subrmcipieut mhd| assure that fbr uobviboo located in an area identified by the Federal Emergency K4wnag*n`en\ Agency (FEMW\) as having special flood hazards, flood insurance under the National Flood luoucuocc Program is obtained and maintained on u condition of rinancial assistanec l'or acquisition or construction purposes (including rehabilitation). \aplur*"vs1rim.cx^oung".Inc. (uu( /u)%) o/m/ Czx OPHO 1'10'\i,\4.ANA(;�',\,11:-N*I'PilA5C (IFAPPLICAHLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in t1orce throughout the duration of the loan and/or contract: Workers' Compensation as required by Chapter 440, MoricloStaules. Commercial General Liability including products and completed operations insurance in the amount of$ 1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage, y. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an -All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property, Collier County must be shown as a Loss payee with respect to this coverage A,*]',I,?vl.A, 11. Flood Insurance coverage for those properties found to be within a flood hazard Zone for the full replacement values of the structure(s) or the inaxitnum amount of coverage available through the National Flood Insurance Program (-N-FIP). The policy must show Collier County as a Loss Payee A,T.I.M.A, ?01 Naples Lqucstri3n Challenge. Inc. ('D13(i 13.010 llropcii� Acquisilior, Page 14 ot'26 A EXHI BIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Sub recipient Name: Naples Equotrian Challenge, Inc. Sub recipient Address: 2U6 Ridge Drive, Naples, FL 34108 Project Name: --_ __Property Acquisit1011,'_..,----- Project No: CDS 13-08 _ Payment Request # Dollar Amount Requested: $ SECTION 11: STATUS OF FUNDS 1. Grant Arnount Awarded [P $ $520,000 2. Surn ol'I'last Claims Paid on this Account 3. Total Grant Aniount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of PreviOUS Unpaid Requests 5, Amount ofToday's Request 6. Current Grant Balance (initial Grant Arnount Awarded Less Sum ofall requests) I certify that this request lor payment has been drawn in accordance with the ten-ns anti conditions of the Agreement between the COUINTY and us, as the StJBRFCIPIFNT. I also certify that the amount of the Request for Payment is not in excess Of Current needs. Signature Date Title Authorizing Grant Coordinator Supervisor____ Dc Director Napics I.qk1cstriall Cllallcllgc' lov, ("IM6 WDS 111.08) 11ropcirly ACqJlsili011 (approval authority under $14,999) (approval required S 15,000 and above) Page 15 o1' 26 1-1� EXHIBIT "C" RELEASIK AND AFFIDAVIT FORM CONSTRUcrION ONLY The SUBRECIPIENTcertifics, for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part I — Waiver or Release of miens This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request t,or Payment. Witness BY: -7-'-'- Print name and title 10—N, STATI: OF COUNTY OF 11—N, Naples Equestrian Challenge, Inc. M ITS: Executive DirceOr DATE: The l'oregoing instrument was acknowledged before me this day of 20_, by as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Th—'O-osc Not -For- Profit. Corporation or Municipality I He/She is personally known to me OR has prodmxd as identification and who did (did not) take an oath, My Commission Expires: (/\[:I:IX OFFICIAL SI-:AL) Naplcs Eque.strion Cluillengo, Ine, CDBG ((-I)s 13-()K) Propoly Acquisition (Signature) Name-. (Legibly Printed) Notary Public, State of. Page 16 of 26 Commission No.: R Arn-i"116 MIRM EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub-recipients, Please fill In the following shaded areas of the report Telephone Number; 239-596-2988 1 Ao�\ ves No H no, explain: 3, a. now have new access (continuing) to this service or benefit? 0,, b. now has improved access to this service or benefit? :A c, now receive a service or benefit that is no longer substandard? 0 Total Other Funds t`.tlucsu•izut Ch 111019c. lne, ( IMG Wo's I3•()8) l'ropen� Acquixition a Page 18 oi'26 • Total Entitlement S Funds HOPWA GOBG ESG HOME Total Entitlement S Funds EXHIBIT "D" UARTEIU,Y PROGRESS REPORT S. What is-the lotat ttumher of UNOUP CATEO CMAAn served this gwKSr. U applicable? a. Tvlarlied dole femarss served 0- Tdat No of tomaaes served wwsr is It. T0101 NO Of 06A Moles sea rod Q Tclal No d melts served u,4w to g TOTAL. 0 TOTAL: 0 c. T WrI No of !' A.$ serve0 T"' P6 of WraW rxad d houunora Q 6. What is the total number of UNDUPLICATED clients served since October, N applicable? A. Taal rarmbw of aruat:gmsset sarvW 0 TotW hrrrberd!emailos served undo+ to 0 b. Imairymbero+a"me*$strwat 0 Towsrvmberormales:letvedjidariB :C TOTAL: C TOTAL:_ c, 7oW Nd of farrdes served Q Tea+ NO of wrote maao of nou;00 T 0 Cenwitty EITHER yuaeuon MT OR ae. Complete "sh0n AT d ydv WOVIRm 2L1T So"$ slants M ono or more of the Wed Mao Presumed senor cssefpnes. (,Moore Washo- /a 4 "44ern rt your praQra r does not lea tU0 • Presumso 0efWI category 00 NOT COMPLETE BOTH QUESTION 7 AND e 7. PRE8UMEOpENEitCtARYDATII s, OTHE(tagw m wyt)ATA)N ome RANGE"` - mdlcate the total number of UMaUe ra ran (MUM CAM paratme served since Ootobor 1 who tatty into lad"o the total number of - perwea each presumed benefit category ;tae !alai serves sMoe October T who Tall into each kwdme suolo eg4jat tot solar in question kdl; catotory(Po tcdal shard agent No Mahn question OM r Rapon as: Report as: 0 Arwsod Cau6an 0- Em, &e n" tow Income (0.30161 0 Mamotess Pars &, p ';Low VWome 0 Bafte od Spouses 0 ` M ddesste tncamo (ST -EICG9 0 Patrons wt WAD 0 Above Nbdersts Income (=a()%) 0 Eieerry Persons 0 Ve48arw 0 Crrmicnoplitmtaorrp 0 PirystaiW Oisao-nd Ad<ks C - O1har.YrrAr. TOTAL• 0 TOTAL. 0 9. Recast6 Ett,hk Data: (ftappaubN Plaoss Indicate how many jINDUPLICA= ckots saved since October fall Into each race Category. In addition to each race category, please indicate how many persorm in each race category consider themaoives Hispanic (Tote! Rate colurrus should equal the total cad. RACE ETHNICITY of WN)m, Mo v m sly we haparwo Bwc-lA kwi Ameraan -0 0 or whom txav many fve H apq * As 0 0.,': , d whom, rraw many are risparW7 Ara mar roojv sska Native 0 0 d wham, how many are Hisparrcl Nauva itawawrYQiner Pacdc Nlander - 0 :.. Q_:::. d wtnnr, tube many era Hspane7 American rsnarJAiaeaen Move 8 Wrote 0 of~, haw merry We 4aaW47 BlacwAk,ew A maacan S Wane ,0 0,-:., of whom, tow many are Haparacl AM hreOTVA143ka Native a ONCidAkMan Mt_ �' ":0 _` a., of canon, a- many are Hispanic, 011u M,krvacrol 0 0. ; ofwh m 1»u msng are Htspsm? Otte 0 0 : al w+om. how marry are rispsnEy TOTAL: Q 0...: TOTAL HISPANIC Name lots Napics ):quctirian C'hi lfeogc. Inc. (1)(16 (1"1)5 13-OK) 11ro1 rn Acquisition Page 19 Ot*26 Spot rt dsN name retest signature Z1 0) EXHIM "E" ANNUAL AUI)I'r MONITORING SPORT OMB Circular A -133 Audits of States, Local Governments, and Non -Profit Organizations requires the Collier County Housing, Human and Veterans Services department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Fiscal Year Name I Naples Equestrian Challen a Inc Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year _ Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year 1. Check Appropriate Boxes - We have exceeded the $500,000 federallstate expenditure threshold for our fiscal year ending CJ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. r� We exceeded the $500,000 federallstate expenditure threshold for our fiscal year ending as 3 indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: E I ❑ aid not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above O Are a for - profit organization 0 Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. Naplcs I:"Jualitriau Inc. C1)13C; (('[)S 13-09) hoperl} Aquisitiun Page 20 of 26 It EXHIBIT "P LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CI)BG) funds. 2, 24 C17R 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of"Fitic I of the Housing and Community Development Act of 1974 as amended I*Itle VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended 24 (TR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6� F'XeCLItiVC Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of'Labor regulations, 7. Title Vil of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et, seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalt'of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliancc with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable piles and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under, this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIIIIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the CO[JN'I^*Y, the S1,13RECI III ENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. "The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: -The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of' Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project Naples [questriiin L-hallengv, Inc C-I)IiG (CI)S 13-08) llrt)p%:ri% Acquisition Page 21 of 26 7:1 be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRITIPIENT further agrees to ensure that opportunities for training and employment arising in C0111le0i0r) with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located, where f1casible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other FIUD prograrns, The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by •xecutive Orders 11375, 11478, 12107 and 12086. ?0_1N1 10, Contract Work I fours and Safety Standards Act, 40 USC 327-332. 11, Section 504 ol'the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570,614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 29 CFR Paris 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainee.,; on federally assisted projects as mandated by the Davis-Bacon Act. H`UD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.1 1 (c)), 15. F'xccutive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects, 16, Executive Order 11625 and U.S, Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Illock Grant Contracts. 17. The SUBRECIPILNT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570,607, as revised by Executive Order 13279, The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable, 100� Napics Fqucs16uo Chulloigc, Inc. k DBo (COS 13-08) VropatN Acquisition Page 22 of*26 cc,), 6 il 0 � 18. Public Law 100-430 - the I�air Housing Amendments Act of 1988. 19. 24 Cl,R 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: • Subpart A - General-, • Subpart B — Pre-Award Requirements, except for 84.12, Dorms for Applying for Federal Assistance; • Subpart C — Post-Award Requirements, except for: o Section 84,22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84,23, Cost Sharing and Matching; o Section 8424, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570 504: o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRJECIPIENTs shall follow 570.505; o Section 84.34(8), Equipment — In lieu of the disposition provisions of 84.34(8) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.35, SLII)J)Iies and other Expendable Property o Section 84,51(b), (c), (d), (c), (0 and (h), Monitoring and Reporting Program Performance, o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four }ears; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission or the final expenditure report for the award, o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570,503(b)(7)-, and • SUhpart D -- After- the -Award Requirements— except for 84.71, Closeout Procedures 20. 24 C`FR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be 1*61lowed for sub recipients that are governmental entities. 211. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating therelo. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 110� NA;)[ 0, F'�JUCSirian ChiMenge, Inc. C'1)11(; (CDS 13-08) ploperIN Acquisilloll Page 23 of*26 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 2 3. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24 Dispute Resolution - prior to the initiation of' any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBPLECIPIENT with full decision-making authority and by COUNTY'S staff person k\`110 Would make the presentation ol'any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation tinder § 44,102, Florida Stutwes, The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Cowl, 20"' Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGRI"EMENT, COLLIER COUNTY AND THE SUBRECIPTENIT EXPRESSLY WAIVE ANY RIGHTS F',ITHRR PARTY MAY 14AVE TO A TRIAL 13Y JURY OP ANY CIVIL LITIGATION RI`ILATEDTO, OR ARISING OUT OF, TINS AGREEMENT, 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, el seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended, 26. In accordance with the requirements of the Flood Disaster Protection Act or 1973 (42 USC 4002 and 24 CFR 570,605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FFMA as having special hood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. Il'appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27, The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided tinder this contract shall be subject to Hl,JD Lead-Based Paint Poisoning Prevention Art found at 24 CFR 570.608, Subpart K. 28, The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance or this agreement, e—N Aapies I-Alocsiritm ChuJIvnge, Inc, (1)11(i (COS 13-08) flralwrl\ Acquisition Page 24 of 26 \n general, this requires ouovunencc Dmm the State Historic Preservation OOiunr for all rehabilitation and demolition o[bisioricproperties that are fifty years old or older or that are included on 1edmra[ state or local historic property list. 29� The SUBREC|9|CNl' must oertii'ythat it will provide drug-i1ree workplaces in accordance with the Drug- 30, I'lle SU BRECIPI FNT certifies that neither it, nor its principals, is presently debarred, suspended, proposed 6or debarment, declared ineligible, or Voluntarily excluded from participation in this transaction by any F'oderal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 3!.The Sl|BKEC\P|[NT agrees to comply with the following OMB Circulars whichever is applicable, and ugrccx to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary Source documentation kxuU costs incurred, States, local &overnments, and Indian Tribes lollow: • A-87 lor Cost Principles • A'lD] for Administrative Requirements I'ducational Institutions (even il'part ol'a State or local v vernment) follow: ° &'21 for Cost Principles ° /\'l|0for Administrative Requirements Non-Profit Organizations I*ollow: ° /\'l22 for Cost Principles A- I 10 for Administrative Requirements 32, Audits shall be conducted annually and ohuU be submitted to the COUNTY one hundred eighty (180) days nhc, the end o[ the 8UBRBC{P|BNT's fiyoa\ year. The 8D8REClPlENT shall comply with the requirements and standards of ()MB A-133, Audits of States, Local Governments, and l4nn'9rnUt Organizations. Ifthis Agreement is closed out prior to the receipt of an audit report, the COUNTY res. erves the right to recover any disallowed costs identified in an audit aller such closeout. 33. Any no) pmpeiiy acquired by the SU8REOPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act o[\g70and 4gCFR24.\01.shall be subject bn the provisions ofCDBG mduding, but not |indtmJ to, U)e provisions on use and disposition uyproperty, Any rem} property within the 8UBREC|P|ENTcuntro\. which is acquired or improved in vvho\c or part with CQBG funds in excess of S25.UOO. must adhere to tile CDBG Regulations nt24CFH|570.5O5. 34, As provided in 8 387]33, Florida Slotixes by entering into this Agreement or perforining any vmork in Further-ancc hercm[ the 3Lj8R6CLpt8NT certifies that it, its wOiiio*es, suppliers, subcontractors and consultants who will perform h«ncuodcr, have not been placed on tile convicted vendor list maintained by |he S\u\c of Florida Department of Management Services within the 36 months immediately preceding the date hereof*. This notice is required by § 287.133 (3) (a), Floritia Statutes. 35. Nu Federal uppnon,iaxx] DunJu have been oxkd or will he nukl. by or on behalf of the undersigned, to any person hv influencing or attempting to influence an officer or employee of' any agency, a Member of /~~~~ Naples }yp°umwom|uogc.|oc. (o116 Wx13-08) llnirwrty Acquisition Page 25 of 26 1_14N the awirding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperadvc agreement. If anv funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officcr or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-I.I.L. "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37 Any rule or regulation detennined to be applicable by HUD. 38. Florida Statutes 71 ' ).20., Part 1, Construction Liens W Florida Statutes, 1 1 9.021 Records Retention A10—N, 1101 Fqucsinatl chaljengc, h1c. (CD', 13-08) Properl,v Acijuisitioii Page 26 of 26 O c M rn 3 v O X rn M W Z M O c O 3 M -Z,I z v a M 0 v v M ul z M A X C) cn () 3D0 3�rn NWX o "n O 0 �rnz rn z �(,)0rn D ~z Z D 'n Z z m z Z <O r r" =0000 MCoW rn G) 7;CD� 0�3 jIrn z v M cno >z� ��v Mz Cz OCrn 0 oq� z I D zo V) v �" O z -lo °0�j �O D O�rn MA �N� vzP MC) V) �M rn co �a> � r vo 000 O ~ c�Z 9 V pr A 3 to 1 0 3 0 a 0 m 3 rn Z a Z D Z V m � 3 m r m G . Q t a v v M (1� F �1l O Mi W A h F+ v c N 0 0 to c a rt M U) M Ma H n M a X rM u C. rt M O c 3 M v 0 X M M r. W Z -Oi O �v c A O 3 rn I W a z v a M 0 a v v z M A 3D0 r r- M oao0 rn pmz ym:� z� Wn� ~ =i Z D z �z 7°zrn D Z =z(' =0000 rn W W r);�vi Fn D 0 3 z z v UpLno �z � vP0 -Dive ��zz Rl P z Worn D - - I No 396 Ch c3z Ln v ^' 0 ° O N �>W O °rn X rn �O (nN� °zrn M Ln rnD M > 0 OD �O r vo O� c�q v v M �. cn 0 z r� b 3 M b � I to c 'a 0 z 0 W c CL rt r M M no z n M a U2 rt a 0 m 3 rn Z v a z GI � 3 rn � I v v M �. cn 0 z r� b 3 M b � I to c 'a 0 z 0 W c CL rt r M M no z n M a U2 rt V A m 0 V O z 2 m a 00 m I- m O m m v z m w O v 0 3 V 0 �v O c u m m z ci a v O c a m 3 v O M m m o. w z U) In O 70 0 c A 3 3 m Z a a z v a m O g m r z -I 2 m n 70 0 =0 3Dr 3 T- m NWT zoo � ,z �m z0 M D X �Cv rrl�z ;ozrn D Z =ZO �Oo rn W w m ;o D o�rn =�z 0Nv z vpo -Divo mzz G7 z p9rn D N io Z O v 300 C3Z �mrnv IIJ vp z -1 po"J N 0MO- f-) X rn o (n � F�1 a Z m M Ln mD �n� X� v OW T W 0 V1 C� Z 9 M fD rt co 3 a 3 m M zv ea 3 b m 5 v m U� m z O °a m a A cr3 tp 3 N {Q c d 3 ai 0 0 a c CL V2 rr r u m w Z a .o n n m O m 3 CL r m v � O 3 N Z O = m Ci a r '„ n o0 r m r rn O r u m w Z a m O � v CL o 3 rip r, O �v m _1 c m m z G) :t v C9� c a �n 3 m v O 70 m m w CZ M U) 0 0 c O 3 m a z v a X O a v v m P Z m n 2 3D0 r arm 0 -n NWT z o c 0 rnm v z Ado Z Z D c� mzmm D Z Z COO cc:3 m cn rn Z w G7 �D> O 3 i z Warn v >zE� vA0 Gov Z Z pz WWrn > 'A o vz 3�C:, z3LA D z r v v ►" 0 0, N 0;om vzrn C) V) 3m> z > -{,r v E; oW O C 'Q a m m D a 3 m 3 v c m 0 mV7L7 ti M- 310 v v X I. a til mool m /1 2 v r1'1 M (n rn n m a ro u eo �o E. ul Si 0 In cr z 0 W c CL U2 rt M CL w rt �D �r 0 3 OTO 0 m 0 z a a � m � Dr m 3 -rn m Z ��, �% m ��rn n oNom'° a° Z r• A O NWT ►-a m O '-' rn n 3 a ZU° p rn � a ;a m z;a r 'T z4 m U G -zo O 3 ?°nom rt Z' P rn � 3 �OGp rn D O m n�z �� m p O ��z D 3 rn �. O C XZm ��' O O �°Dm y Z --� Z m m -IOo �� m �Om °o -I = o0 0 n a ^ m oD rz .��^' �', r m 3 rrrrn z '� m m C ADD m Z �D> C -1 D S, -O-�� m �. O vmi z In -1 p rnmm rl) = O oocrn/�rnp mN° a m ;0 O^ ao v c 70z� `� °v ° c vpo a c Dc� m c`i N n Dco - as �mf j �+ O �Z 0 -Z z Nf Z -� 3 mp z = 3 m. n = m o0 oo n �/�� m m o0 0o rn O (A �3 z° = a a ° O p Z x--1 .�.� ° 0 zGIn �° a z3z U C' O ;>c z O m Ln vo n 3 ,� n o 'v O z-i°o .. M �.y O zoo �° a pOV O Cl rno 7D � 1 -I h m r) m O NA `J O m NA c '* _fir W _ 0rr- � m N °O v z z ° n 0 o -< uu o �' 0 _ - _ m z > z CL cn v U2 ° X 92 V 0 W A U z 3 m M 2 a m 3 r r m I a G v � cn F A m z a m Mo m a m Ma Z n m rm a u 0. J o Z 0 c m Q, r* l A A 3 (Q rt lY CL IVA IN I ... > c d rp 0. J o Z 0 c m Q, r* l c a M 3 m v O M m w v H z A W In O c O 3 m z a z v a m a v v M z Z m A M 3D0 3 r- r m W z�z Xmz V) rn:� z0 rn D ;0 rn '"'n"'zz Z >Z Xzrn D Z =z �0 �W °o rnca W n4� Fn Z DW 7�C CCDC� in Oa3 S��m z O F33 N my z -< v�0 -Dive Z Z MP Z ca DO n rn 3� -A o IQ vz c3D Lz n v ^' 0 Z 0 -i � vo mo? O °rn �° m .o oNc M Ln m� Dr 0 E3 OW O C U) m 'a 3 cr V 9. 3 m M zv ^ a t, m 3 V- m m O 0 I r � '; v v X ul o z m La r U L m u A a 7- m z c� a m O Op l� A A A Z �p n 3 m c n of O uc z O V 0 c CL U2 M m a m go z A m a u a m CL m N.- 10 C ra M v 0 c a M 3 rn v O .. w N z m w O O C O 3 m Z a z v a m a v v 70 m r z m A 3 D0 rG 3 m O 'n O ZOC Mmz vz� mn0 ~z Z D Z �zm �Zz ISO M 00 nsLq F Z w 7�CDN 0 m z v o�° xz� vno Dive rn Z �Wm �m D o Z 3� cm (n v ^' 0 00 N ?on v `4 0 x rnA LnN� ° z m M j Z D r -15r ° E; n O C z Cn I .o cr a m v X fA vy- m z °a iM m z 0 a m A 3 A m c d It w �i O ml Z O 'a c a POMN no 171 U) m m rm H Z A 171 rm a u a C. rt m •r A m 0 v O 70 0 z m a m m O m 2 m U) M z m 00 M v O O V �► O O 2 m �m c rm.� z n M O c �n 3 m v 0 X m w M Cz m O c 0 3 m z a z v a m 0 v v X O z 2 M n 70 n cn Cn 3 >0 3 m � � 03 030 " rn z0 rn '~ z zD G) z �zrn �zz <o rN 3: C) m W rn D 0�Ag E��rn z v C nv 8z0 r� -Dive z z .ri z WWrn D° N CD OOOoO o zGn V) M v" 0 pON ;o D pi Ma- OO�rn 7° rn A tn Ln" mC)(n �m z o r- .4 X r- 0 r n o� c� z Ci a G) m M p a z m IS LP Zo � m e m � 0% It) I% w a 1 4� J a A 700 m (A n 3 3 rV UO of _ n n a� O H � O c to e m m 00 P-4 Z n m a .< u a U2 C. a) r+ 9 V A m n m v O 70 0 z m a r m m O m m H z m 03 a v O 3 O N C m m z X v 0 c a X I m v O M m w w z C M 0 700 0 C 0 3 m a z v a m 0 v v m ul O z m n 70 3n0 's r oho Ll m C "�°m " z o m �ZZ = z'�'. � z rm) �Zz �OOo W rnoW FnZW G) �DN O 3 = z v ow V) 0 >z!E� Ono Ai v 'o z z D rn,z rn n N ��o vz �oC) z3Ln D v ,Lnm � � N 0 0 O V XDNa 0 m En mGziV) D z jrn> >� �O 0 ca n cc 3 m m Z a C m 3 J� J m n � � v � v 70 n a� r P N m 2 z v A m J Pa C d 0 a c a �o rt Ma m m H Z n m a u a m C. W rqp m • l) (n r) 0 =0 a G) m 00% S 3D0 A 3�rn a m v �° m Nr� A 0 Lnrnn a � r C �mn v m 0�0 rn z 3 a rnPZ rir v�0 m '�' m i�i1 m G �0 3 v0 -on c no c rn " 0nv O ,,zz O mZz 3 viz ;? ' „� 3 "'�� 0 Xzm � O O j°zrn zo -< . -IOo m m CDo "� � m000 rnmW n � r nsw m 3 z:^' rn m 3 ;a 0. r Z 7% a m z �y�ri m c -1 > o m o 3 O m w 0 z O aovrnip 0, o-4 �z� c = u c c �Z� c °F� m c vc� cn Avio° o -IVY z 3 =zv �_ Z 3 =czin 3 A a m ca n m z 0 3 (Q W D --j N CD p ozo i� D > �O� 7� z 3 o O D zmy O CL a ZS3D Ln O �3z M z O O m Ln v � 0 C) z p° O -12 p 0 a N v g c O a' 7o n m v o v �o� d �o o p xrn'o O N vv'o _ 0zm n m z M m Z m C) � �i U) X-I • c+ _ m D �m m rn n 0 m m rn� © t*) F>� _v� v z m o 003 $ z 7° °W c = z� C a z� M. 7 rt Pa 'a ti rt cr 3 n a m 8 m z w v v m ul m z °a m A n n c� cfl �o c 'C n ai 0 It s 0 c CL m m U) m IV La Z n m a u U2 m C. 0) rt m q-w W �J m 3 D0 arr m W� -n n m X z m� m zo m ~z D 7o z n �Zz <o rN =Woo mwLw rnz4 7o O D 7C D N 0 m z z v oovmip >z� v�o Dive Z Z m z �Crn N CD v Q -p o Ln z3z N v N 0 0 pOnVi rn D ;A 0�rn rn A vN� v z io -M G) mY z� p v � O 0 co n O sl C z Ln X 'v 0 a m v v X m MW G) m Z a m 3 m m Z G) a m ll n fD C a, m d O It O v 03 C CL N Ma m a m ma m a rm u m C. cil r+ �J 14 'I/ n cn n 3D0 �Frrnn WX Z23° m ion z ul Z �O0rn D z zD _z G7 Xzm D Z =ZO rN =W °O mo Y nsW Fn Z , Pq D r O 3 m z v nv � z v�o -Dio_� izv rnPz �5rn D N 3p O � CD C3 Ln D " Ln rn z -i o0 00 X Ovm X rn O �(n c vZM �C) Ln �mv $D Dr- ' X r v O n O csi� C Z V) X 90 M. n z a m a v v m +V a m Z °a m 3 m m 2 z °a m A A 1C R 0 Int of O O m W C CL rr E:L Ma m m Ma N z A m a u a m C. a) rt 1. m 3D0 � m OT0 rn;OZ no m " rn zo M > ;O ~Z Z C;) D _ z �o z m D z ��O = r N CD rnWW �� rnzw G7 D N 0 m z =�z N my ;0 Z v(')o �vo m C) m. z rn D N 000 3-�0 z 3 D z m � 0 v N z -q O °off N 0;orn ;0 rnA V) v z m Mc)V) D-I� rn> w D j° v E3 oW c (D 3 5 n n m a O v X m z a m 3 m 1 > �1 C7 0 i I 9 Iv � m 2 z G) a m cJ A v c d U2 of 0 In s 0 V o� a U2 0 c a �n 3 m v O -I M m w Z C m w 0 O c n 3 3 m Ul a z v Tao m 0 a v v Z 2 m A 2 M 0 =0 3> ter' m m;0 O -n o rnXc ion mm .. z z mD� Z Z Z D n z �zm D z �o �Ooo rnagW r rrrn � �D 0�3 i2 �rn z v gNo >z� Ono >o� �zz m p z ��rn D N �z° v 3�0 3zo Ul �z v Ln ° N 0 Z 0 � ° O N 0Xrn 7° m A �Nc vzm MG)cn �m 00 z0� D r Xr vo n o�c 'v �\ m r m A 3 a r (A m m v 0 Z 3 Z O Z I _ C) m a 1 W r iii m cr r m fe, rm O m �./ m v a m M z m to a � fl. =� o rt O V m P, a 0 c a �n 3 m v O -I M m w Z C m w 0 O c n 3 3 m Ul a z v Tao m 0 a v v Z 2 m A 2 M 0 =0 3> ter' m m;0 O -n o rnXc ion mm .. z z mD� Z Z Z D n z �zm D z �o �Ooo rnagW r rrrn � �D 0�3 i2 �rn z v gNo >z� Ono >o� �zz m p z ��rn D N �z° v 3�0 3zo Ul �z v Ln ° N 0 Z 0 � ° O N 0Xrn 7° m A �Nc vzm MG)cn �m 00 z0� D r Xr vo n o�c 0 �\ m a � c m ry Q Z W z a z n v 0 c a �n 3 m v O -I M m w Z C m w 0 O c n 3 3 m Ul a z v Tao m 0 a v v Z 2 m A 2 M 0 =0 3> ter' m m;0 O -n o rnXc ion mm .. z z mD� Z Z Z D n z �zm D z �o �Ooo rnagW r rrrn � �D 0�3 i2 �rn z v gNo >z� Ono >o� �zz m p z ��rn D N �z° v 3�0 3zo Ul �z v Ln ° N 0 Z 0 � ° O N 0Xrn 7° m A �Nc vzm MG)cn �m 00 z0� D r Xr vo n o�c 00 m m Ma F-4 Z n m u m 0 C. a) m 'r �r e#**"' a m m m Z a z cr fe, ' � m a m 00 m m Ma F-4 Z n m u m 0 C. a) m 'r �r e#**"' v m 0 v O z s m a DO m m O m v w Z s m to M v 0 0 s m N C u El v m w z 41 s a v 0 c a m M M v O s M m w w Z M w 0 M 0 c O 3 m m a z v a m a v v M U) z 2 m A s M 3D0 3 rn 03 om0 L* m N z no jO a: Q� O �zz � ��z �zm �zz QOo mccooW rnzw G) 7�cD� O�rn z v $cmnv v�o Dive Z M,z ocrn >�o vz �OC> 3D �z v Inver' 0 °ON 7° D -A O °rn X mA m C)I Ln m 3mzl 0 ca ' � r °o n O c Z m a v v M N 9 M z °a m 3 m m 2 z m n (D fD �a c w O 'a m c CL U2 rt 00"% v n m r n 3 a rn m v 0 3 Z O Z � m a m W r m m M In `./ m r z a m m 03 b � v 0 0) H r v 3 'v P m O O c u m m Z O a v 0 c 3 m v 0 s M m w Z M 0 m M 0 c 0 3 m m a z v X rn O m z s m n s SD8 rG Nrm W Z5 -n O O c ' z m ~z zD C;) >Z ;o rg Q �zz zo �O °o m0WOW rn G) 'W �CD�n> O�rn z v o"'° >z!� vPo Dive Z> mGz WWm °90 90 0 3-�0 3z �z v Inver' °o O ° N 7°D� O v rn X rn o vNc v Z m mG)N �IcD 3zOrD- -I D �- ' � E; OS C 3 Z a m a c� M z a m 3 m 3 A z O m x4lop, CID m a m Z q A m a M u m CL lw rt 3